, ^ ^^ ./ A^^ "■^ "S^ l^M ^ ';^ '4. m ti' h ^^*y "41^ LIBRARY UNIVERSITY OF NORTH CAROLINA Alcove 2/ 3 Shelf VC345.2. I'773 jfe Digitized by the Internet Archive in 2010 with funding from Ensuring Democracy through Digital Access (NC-LSTA) http://www.archive.org/details/completSrevisalo1773nort A I? COMPLETE REVISALI ft OFALI. THE ^ A Kj jL S OF ^ S S E M B L Y, OF THE PROVINCE OF NORTH-CAROLINA, NOW IN FORCE AND USE. TOGETHER WITH THE TITLES OF ALL SUCH LAWS AS ARE OBSOLETE, EXPIRED, OR REPEALED. WITH MARGINAL NOTES AND REFERENCES, AND AN EXACT TABLE TO THE WHOLE. o?o N E W B E R N: -^ Printed by J AMES DAVIS, Printer to the Honourable the House of '^ Assembly. MDCCLXXIII. DEDICATION. TO HIS EXCELLENCY JOSIAH MARTIN, ESQ; His Majefty's Captain-General, Governor, and Commander in Chief, in and over the Province of North-Carolina. SIR, A S the Supreme Magijirate of this Country, permit me, with due "Deference and Submijfion, td •^ -^ Dedicate to your Excellency, A Revifal of all the Ads of Aflembly of this Province now in Force and Ufe ; which, from the exalted Station your Excellency fills, claims your Patronage and Prote£lion> ^H^ firji Edition of a Revifal of our Laws being long fince fold off, and a great Length of 'Time elapfing Jince that Work was finifhed, they are now unavoidably thrown into as great Perplexity as ever \ as in a young and fiourifbing Country like this, the Face of Affairs muji neceffarily change with the Acceffion of People, and their Application to Indujiry, and almojl every Seffion of Affembly caufe a Mutability in our Laws, according as the internal Policy and Regulations of the Province require. I am well convinced. Sir, of my poor Abilities to encounter a Tafk of this arduous Nature ; hut feeing no abler Hand undertake it, and being encouraged from the Countenance paid nty firft Attempt of this Sort, the Sale of the whole Impreffion of which being very rapid, I have again embarked in the Service of my Country, thrown my Mite into the Common Stock, and fhall be happy to find it product any good EffeclSi TO hold the Reins of Government Jieady and uniform over a ftee and generous People, has ever been the WifJo and Dejire of all Great and Good Princes and Rulers ; and whenever they have purfued contrary Steps, the difmal Confequences have always followed^ of which numberlefs Inflames might bt produced. As a Pattern and noble Example to the World, we may held up to View our prefent moji gracious Sovereign, the ReSlitude and Benignity of whofe Adminijiration fheds its happy Irfuence over all his Dominions, of which, the People of this Province, under your Excellency's good Gcvernment, feel no fmall Share. PERMIT me. Sir, to fay, without Flattery, a Vice hateful to good Men, that for the prefent Happinefs and Tranquillity of this Province, we are much indebted to the Uniformity and Steadinefs of Condii£i' DEDICATION. Coitdu£} with which your Excellency has reined this People fmce your happy /Appointment to prefide over them, TO UR Excellency's un'ibearied Endeavouirs to obliterate thi almojl indelible Stain on the Annals cf this Province^ the melanchoUy and tragical Scene of the Alamance, as being the happy Injlrument under his moji gracious Majejly of rejloring Peace and Harmony ^ and a due Subordination of Govern* ment to a very refpe£iable Number of People of this Province^ claim the EJleem and moft grateful 9 Thanks of every good Man. WITH Hearts filled with Gratitude tae mujl alfo acknowledge the very material Service rendered this Country by your Excellenty's flriSi and impartial Enquiry into the State of our Public FundSy and the ConduSl of Public Officers , and the Cheerfulnefs with which the whole Legifiature have lately entered into that Biifmefsy bids fair to recover the very alarming Lefciencie^ that appear ^ and at once refiore this Country to Peace and Tranquillity. M I S S- /Application or Imbezzlcment of the Public Funds of a Country^ is a Species of Oppreffion of the firfi Magnitude^ and never, fails to fill the Minds of the People with number lefs Murmurings, and a rejllefs Anxiety to remove the Oppreffors. Prejudices of this Sort^ added to the Ingenuity and Addrefs of fome bad Men, who were willing to turn the Dijiurbances of their Country to their own Purpofes^ was the true Caufe of the Infurre5lion in the interior Parts of this Province j and had not^ Sir^ your worthy and magnanimous Predeceffor^ with a Cahnnefs and Intrepidity in the Day of Battle peculiar to himfelf, put a Stop to the Ravages of a People grown lawlefs and defperate, we know not where the Befolation would have ended. But^ Sir, we have now the futleji Confidence that the Wound is perfeSlly healed ^ and that Peace and Harmony will crown your Excellency's Endeavours to refiore Order and Unanimity to an unhappy and diftrejfed People^ and avert from them that worfi of human Evilsy an intefiine War j the Reward of which^ we hope, will be a long and happy Adminifiratioii over a grateful and generous People. FROM your Excellency's known Candour and A^abilityy I refi in the fullefi Hopes of your par- donin^ this plain Dedication^ and the Freedom with which I have expreffed myfelf on the j^ffairs of Coverfiment •, as the Hdppinefs and Profperity of all States ever keep Pace with the Re^itude of its RulerSy whcfe Condu5i it is one of the noble Privileges of Englilhmen to enquire intOy through the Liberty of thi Prefs. I am your Excellency's mofi Dutifuly And mofi obedient humble Servant, JAMES DAVIS. THE SECOND C H A R T E GRANTED By King CHARLES the Second, TO THE Proprietors oi CAROLINA H A R L E S the Second, by the Grace of God, of Great Britsin, France and' Ireland, King, Defender of the Faith, &c. WHEREAS, by our Letters Patent, bearing Date the Twenty Fourth Day of March, in the Fifteenth Year of our Reign, We were gracicufly pleafed to grant unto our right trufty and right well beloved Coufm and Counfeller Ed- ward Earl of Clarendon, our High Chancellor England ; our right trufty and cn- tirtly beloved Coufin and Cr-unfdlor George Duke of Albemarle, Mailer of our Horfe ; our ri^hc trudy and well beloved William now Earl of Craven -, our right trufty and v/ell beloved Counfcllor John Lord Berkeley ; our right trufty and well beloved Connfellor Anthony Lord Afhley, Chancellor of our Exchequer; our right trufty and well beloved Counfellor Sir George Carteret, Knight and Baronet, Vice-Chancelipr of our Houfhold ; our right trufty and well beloved Sir John Col- leton, Knight anti Baronet; and Sir William Berkeley, Knight; all that Province, Territory or Traft of Groun I, called Carolina, (ituate, lying and being within our Doininions of America ; extending from the North End of the Ifland called Luke-Iiland, which lycth in the Souihi. in Virginia Seas, and within Thirty Six Degrees of North Latitude ; and to the Wrft, as far as the South-Seas ; and fo refpeftively as far as the River of Matthias, which bordereth upon the Coaft of Florida, and within Thirty One Degrees of North Latitude ; and fo Weft, in a dired Line, as far as the South Seas aforefaid. N O W Know ye. That We, at the humble Requeft of thefaid Grantees in the aforefaid Letters Patents named, and as a further Mark of dif efpecial Favour to them, we are gracioudy pleafed to enlarge our faid Grant unto them, according to the Bounds and Limits ht-reafter fpccificd, and in Favour to the pious and nobb Purpofe of the faid Edward Ear! of Clarendon, George Duke of Albemarle, Wil- liam Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir George Car- teret, Sir John Colleton, and Sir William Berkeley, their Heirs and AfTigns, ail that Province, Territory or Traft of Land, fituate, lying and being within our Dominions of America aforefaid ; extending North and Eaftward as far as the North End of Currituck River or Inlet, upon a ftraight Wefterly Line to Wyon- a oak The Proprietors Second CHARTER, oak Creek, which lies within or about the Degrees of Thirty Six, and Thirty Mi- nutes, Northern Lattitude •, and lb Weft, in a diredl Line, as far as the South- Seas -, and South and Weftward, as far as the Degrees of Twenty Nine, inclufive, of Northern Lattitude -, and fo Weft, in a direct Line, as far as the South-Seas •, toofether with all and fingular the Ports, Harbours, Bays, Rivers and Inlets, be- longing unto the Province or Territory aforefaid : And alio, all the Soils, Lands, Fields, Woods, Mountains, Ferms, Lakes, Ri^(ers, Bays, and Iflets, fituate or- beinof within the Bounds or Limits laft before m*entioned ; with the Filhings of all Sorts of Fi(h, Whales, Sturgeons, and all other Royal Fifti, in the Seas, Bays, Iflets and Rivers within the Premifes, and the Fifh therein taken, together with the Royalty of the Sea upon the Coaft v^ithin the Limits aiorefaid ; and moreover all Veins, Mines and Qiiarries, as well difcovercd 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 aforefaid : And furthermore, the Patronage and Advowfons of all the 'Churches and Chapels which, as Chriftian Religion ftiall increafe within the Province, Territory, Ifles and Limits aforefaid, fhall happen hereafter to be ereded ; together with Licence and Power to build and found Churches, Chapels and Oratories, in convenient and fit Places, within the faid Bounds and Limits ; and to caufe them to be dedicated and confecrated, accordino- to the Ecclefiaftical Laws of our Kingdom of England ; together with all and fingular the like and as ample Rights, Jurifdiftions, Privileges, Preroga- tivi'S, Royalties, Liberties, Immunities, and Franchifes, of what Kind foever, within the Territory, Ifles, Iflets, and Limits aforefaid : To have, hold, ufe, ex- ercife and enjoy the fame, as amply, fully, and in as ample Manner, as any Bi- fhop of Durham, in our Kingdom of England, ever heretofore had, held, ufed or enjoyed, or of Right ought or could have, ufe or enjoy : And them the faid Ed- ward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John L rd Berkeley, Anthony Lord Afliley, Sir George Carteret, Sir John Col- leton, and Sir William Berkeley, their Heirs and Afligns, we do, by thefe Prefents, for us, our Heirs and Succeflbrs, make, create and conftitute, the true and abfo- lute Lords and Proprietors of the faid Province or Territory^ and of all other the Premifes ; favino- always the Faith, Allegiance, and fovereign Dominion, due to us, our Heirs and Succeflbrs, for the fame : To hold, pofl'efs and enjoy the faid Province, Territory, Iflets, and all and fingular other the Premifes, to them the faid Edward Earl of Clarendon, George Duke of Albemarle, WUliam Earl of Craven, John Lord Berkeley, Anthony Lord Afliley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Afligns for ever ; to be holden of us, our Heirs and Succeflbrs, as of our Manor of Eaft-Greenwich, in Kent, in free and common Soccage, and not in Capite, or by Knight's Service : Yielding and paying, Yearly, to us, our Heirs and Succeflbrs, ior the fame, the Fourth Part of all Gold and Silver Oar, which, within the Limits hereby granted, fhall, from Time to Time, happen to be found, over and befides the Yearly Rent of Twenty Marks, and the Fourth Part of the Gold and Silver Oar in and by the faid written Le.tters Patent referved and payable. AND that 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 -, 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 untt^the fame Province of Carolina ; and out of the Fullnefs of our Royal Power and Prerogative, we do, for us, our Heirs and Succelfors, annex and unite the fame to the faid Province of Carolina. AND forafmuch as we have made and ordained the aforefaid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven^ John Lord Berkeley, Anthony Lord Afl^ley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Afligns, the true Lords and Proprietors of all the Province or Territory aforefaid -y Know ye therefore moreover, that we, rcpo- fins The Proprietors Second CHAR TE R. . lii t _— ■ , fing efpecial Truft and Confidence in their Fidelity, Wildom, Juftice, and provi- dent Cuxumrpeftion, for us, our Heirs and SuccelTors, do grant full and ablbttite Power, by Virtue of thefe Frelents, to them the faid Edward Earl of Clarendon, . Georo-e Duke of Albemarle, William Earl of Craven, John Lord Berkeley, An- thony' Lord Afliley, Sir George Carteret, Sir John Colleton, and Sir William Ber- keley, their Heirs and Afllgns, for the good and happy Government of the faid whole Province or Tcrritority, full Power and Authority to ered, conftitute, and make feveral Counties, Baronnies, and Colonies, of and within the faid Provinces, Territories, Lands and Hereditaments, in and by the faid Letters Patents granted, or mentioned to be granted as aforelaid, with leveral and diilinft Jurifdidlions, Powers, Liberties and Privileges: And alfo, to ordain,, make and enad, and, un- der thtir Seals, to publifh any Laws and Conftitutions whatfoever, either apper- taining to the public State of the whole Province or Territory, or of any diltind or particular County, Baronny or Colony, or of or within the fame, or to the pri- vate. Utility of particular PerJbns, according to their beft Diredlions, by and with the Advice, AiTent and Approbation of the Freemen of the faid. Province or Ter- ritory, or of the Freemen of the County, Baronny or Colony for which luch Law or Confticution lliall be made, or the greater Part of them, or of their Delegates or Deputies, whom, for enafting of the laid Laws when and as otten as Need Ihall re- quire, we will, that the faid Edward Earl of Clarendon, George Duke of Albe- marle, William Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their Heirs or Ailigns, (hall, from Time to Time, aflemble, in fuch Manner and Form as to them fhall feem beil ; and the fame Laws duly to execute upon all People within . the faid Province or Territory, County, Baronny, or Colony, or the Limits thereof, for the Time beino;, which fhail be conitituted under the Power and Government of tiiem or any of them, either failing towards the faid Province or Territory of Carolina, or returning trom thence towards England, or any other of our or fo- reign Dominions, by Impofuion of Penalties, Imprilonrnent, or any other Punilh- ment •, yea, if it fhall be needt^ and the Quaaty of the Offence require it, by takincr away Member and Life,|p'her by them the faid Edward Earl ot Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, An- thony Lord AQiiey, Sir George Carteret, Sir John Colleton, and Sir William Ber- keley, and their Heirs, or by them or their Deputies, Lieutenants, Judges, Jufti- ces, Magiftrates, or Officers whatfoever, as well within the faid Province, as at Sea, in fuch Manner and Form as unto the faid Edward Earl of Clarendon, George Duke of Albemarle, Willi.im.Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and ' thfeir. Heirs, fhall feem moft convenient : And alio, to remit, releafe, pardon and aboHHi, whether before Judgment or after, all Crimes and Offences whatfoever a- gainfl the laid Laws -, and to do all and every Thing and Things which, unto the compleat Eilablifhment of Juftice, unto Courts, SefTions, and Forms of Judica- ture, and Manners of proceeding therein, do belong, altho' in thefe Prefents ex- prels 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 Ju- dicature, all Adions, Suits and Caufes whatfoever, as well Criminal as Civil, real, mixt, perfonal, or of any other Nature or Kind whatfoever : Which Laws fo as a- forefaid to be publifhed, our Pleafure is, and we do enjoin, require and command, fhall be abfolutely firm and available in Law •, and that all the liege People of us, our Heirs and Succelfors, within the faid Province or Territory, do oblerve and keep the fame inviolably in thoie Parts, fo far as they concern them, under the Pains and Penalties therein exprefTed, or to be exprefled. Provided neverthelefs. That the faid Laws be confonant to Reafon, and as , near as may be conveniently, ^ agreeable to the Laws and Cuftoms of this our Realm of England. A N D becaufe fuch Aflemblies of Freeholders cannot be fo fuddenly called as there may be Occafion to require the fame, we do therefore, by thefe Prefents, give and grant unto the j^id Edward Easl of Clarendon, George Duke of Albe- marle, iv The Proprietors Second C H A RT EV.. marie, William Earl of Craven, John Lord Berkeley, Anthony Lord Aihley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Af- figns, by themfelves, or their Magiftrates in that Behalf lawfully authorifed, 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 publilh the fame to all to whom it may concern : Which Ordinances we do, by thefe Prefents, ftraightly charge and command to be inviolably obferved within the fame Province, Counties, Territories, Barronnies and Provinces, under the Pe- nalties therein exprefled -, fo as fuch Ordinances be reafonable, and not repugnant or contrary, but as near as may be agreeable to the Laws and Statutes of this our Kingdom of England •, and fo as the fame Ordinances do not extend to the bind- ing, charging or taking away the Right or Interefl of any Perion or Peribns in their Freehold, Goods or Chattels whatfoever. AND to the End the faid Province or Territory may be the more happily in- creafed by the Multitude of People reforting thither, and may likewile be the more ftrongly defended from the Incurfions of Savages, and other Enemies, Pirates and Robbers ; therefore we, lor us, our Heirs and Succeflbrs, do give and grant, by thefe Prefents, full Power, Licence and Liberty, unto all the liege People of us, our Pleirs and SuccefTors, in our Kingdom of England and elfewhere, within any other our Dominions, Iflands, Colonies or Plantations, (excepting thoie v/ho fliall be efpecially forbidden) to tranfport themfelves and Families into the faid Province or Territory, with convejiient Shipping and fitting Provifion % and there to fettJe themfelves, dwell and inhabit : Any Law, Aft, Statute, Ordinance or other Thing to the contrary not with Handing. A N D we will alfo, and of our efpecial Grace, for us, our Heirs and Succef- fors, do ftreightly enjoin, ordain, conilitute and command, that the faid Province and Territory fliall be of our Allegiance -, and tWt all and fingular the Subjeds and liege People of us, our Heirs and Succeflbrs, tranfported, or to be tranfported into the faid Province, and the Children of them, and fuch as fhall defcend from them there born, or hereafter to be born, be, and ftiall be Denizons and Lltges 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 Suc- ceflbrs, born within this our faid Kingdom, or any other of our Dominions -, and may inherit or otherwife purchafe and receive, take, hold, buy and pcfiefs, any Lands, Tenements, or Hereditaments, within the faid Places, and them may -oc-" cupy and enjoy, fell, alien and bequeath ; as likewife all Liberties, Franchii'es and Privileges, of this our Kingdom, and of all other our Dominions aforelaid, may freely and quietly have, poflefs and enjoy as our liege People born within the fame^ without the Molefliation, Vexation, Trouble or Grievance of us, our'Htirs and Succeflbrs ; any Aft, Statute, Ordinance, or Provifion to the contrary, nocwith- fl:anding. AND furthermore, that our Subjefts of this our faid Kingdom of England, and other our Dominions, may be the rather incouraged to undertake this Expedi- tion with ready and chearful Means, Know ye, that we, of our efpecial Grace, cer- tain Knowledge and mere Motion, do give and grant, by Virtue of thefe Prefents, as well to the faid Edward Earl of Clarendon, George Duke of Albemarle, Willi- am Earl of Craven, John Lord Berkeley, Anthony Lord Aftiley, Sir George Car- teret, Sir John Colleton, and Sir William Berkeley, and their Heirs, as unto all others as fliall, from Time to Time, repair unto the faid Province or Territory with a Purpofe to inhabit there, or to trade with the Natives thereof, full Liberty and Licence to lade and freight in every Port whatfoever of us, our Heirs and Succeflbrs, and into the faid Province of Carolina, by them, their Servants and Afligns, to tranfport all and fingular, their Goods, "V^ares and Merchandifes ; as likewife i:he Proprietors Second CHARTER. likewife all Sorts of Grain whatfoever, and any other Thing whatfoever nccelTary tor their Food and Cloathing, not prohibited by the Laws and Statutes of our Kincrdom and Dominions, to be carried out of the fame without any Let or Mo- leitation of us,' our Heirs and Siicceirjrs, or of any other our Officers or Minifters whatfoever •, faving alfo unto us, our Heirs and Succcflbrs, the Cuiloms and other Duties and Payments due for the laid Wares and Merchanaiies, according to the feveral Rates of the Places from whence the fame Ihall be trafifported. W E will alfo, and by thefe Prefents, for us, our Heirs and Succeffors, do give and grant Licence, by this our Charter, unto the laid Eaward Earl oi ClarcnUon, George Duke 9f Albemarle, William Earl of Craven, John Lord Berkeley, An- thony Lord Afli'ey, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their Heirs and Affigns, and to ail the Inhabitants and Dwellers in the Province or Territiory alorefaid, both prefent and to come, full Power and ab- folute Authority, to import or unlade, by themiclves or their Servants, Faftors, or AffignJ, 3l\\ Mcrchandifes 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 Htirs and Succeffors, in our Kingdom of England, Scot- land or Ireland, or otherwile to difpole of the laid Goods in the ;aid Forts •, and, if Need be, within one Year next atter the unlading, to lade the laid Merchandiics and G.iods again into the fame or other Ships, and to export the fame into any other Countries, either ot our Dominions or Foreign, being in Amity with us, our Heirs and Succeffors, lo as" they pay fuch Cuiloms, Sublidies,. and other Duties for the fame, to us, our Heirs arid SLicccffors, as the reft of our Subjefts of this our Kingdom for the Time being, fhall be bound to pay •, beyond which we will not that the Inhabitants of the laid Province or Territory fhall be any ways charg- ed : Provided nevcrthelefs, and our Will and Pleafure is, and we have further, for the Confiderati )ns aforetaid, of our elpecial Grace, certain Knowledge and mere Motion, given and granted, and by thefe Prefcnts, for us, our Heirs and Succef- fors, do give ^n-l grant unto the faid Edward Earl of Clarendon, George Duke of Albemarle, William Eafl of Craven, John Lord Berkeley, Anthony Lord Alhky, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and thtir Heirs and Affigns, tull and free Lie. nee, Power and Authority, at any Time or Tim'js from and after the Featt of St. Michael the Archangel, which fhall be in the Year of our Lord Chrift One Thvniland Six Hundred and Sixty S^ven, as well to imp jrt and bring into any of our Dominions, from the faid Province of Caroli- na, or any Part thereof, the feveral Goods herein after mentioned ; that is to fay. Silks, Wines, Raifins, Capers, Wax, Almonds, Oil, and Olives, without paying or anfwering to us, our Heirs and Succeffors, any Cuftom, Impuft, or other Du- ty, for or in Refpect thereof, for and during the Space and Term of Seven Years, to tom-iience and be accounted from and after the Importation of Four Tons of any of the faid Goods in any one Bottom, Ship or Vcilc!, from the !aid Province or Territory, into any of our Dominions •, as alio to export, and carry out of any of our Dominions, into the faid Province or Territory, Cuflom-free, all Sorts of Tools which Ihall be ufeful or neceffary for the Planters there, in the Accom^mo- dation and Improvement of the Premifes : Any Thing before in thefe Prefents corltain^d, or any Law, Ad, Statute, Prohibition, or other Matter or Thing here- tjfore had, made, enafted, or provided, in any-wife, notwithftanding. AND furthermore, of our more ample and efpecial Grace, certain Knowledge, and mere Motion, we do, for us, our Heirs and Succeffors, grant unto the faid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir George* Carteret, Sir John Colle- ton, and Sir William Berkeley, their Heirs and Affigns, full and abfolute Power and Authority, to make, ered, and conftitute, within the faid Province or Terri- tory, and the Ifles and ia.;ts 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 Veffcls, and for lading of them, in Juch and fo ma- fa ny vi The Proprietors Second CHARTER, ny Places, with fuch Jurifdiftions, Privileges and Franchifes unto the faid Ports belonging, as to them ihall feem moft expedient ; anc^ that all and fingular the Ships, Boats, and other VefTels which fhall come lor Merchandifes and trade into the faid Province or Territory, or ihall depart out of the fame, fliall be laden and unladen at fuch Ports only as Ihall be ereded and conftituted by the faid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John i^ord Berkeley, Anthony Lord Afhiey, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Alllgns, and not elfewhere : Any Ufage, Cuf- tom or Thing to the contrary, notwithltanding. A N D we do further will, appoint and ordain, and by thefe Prefents, for u?, our Heirs and Succeflbrs, do grant unto the faid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Afhiey, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Afligns, that they the faid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John L,uid Berkeley, Anthony Lord Afhiey, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Afligns, may, from Time to Time, for ever, have and erjoy the Cuftoms and Subfidies, in the Pores, Harbours, Creeks, and other Places within the Province aforefaid, payable for the Goods, Wares, and Merchandifes there la- ded, or to be laded or unladed ; the faid Cuftoms to be reafonably afltfied, upon any Occafion, by themfelves, and by and with the Confent of the free People, or the greater Part of them as aforefaid ; to whom we give Power, by thefe Prefents,. for us, our Heirs and Succeflbrs, upon juft Caufe, and in due Proportion, to af^- fefs and impofe the fame,. AND further, of our efpecial Grace,, certaih Knowledge and mere Motion, v/e- have given, granted and confirmed, and by thefe Prefents, for us, our Heirs and Succeifors, do give, grant and confirm unto the faid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, An- thony Lord. Afhiey,. Sir George Carteret, Sir John Colteton, and Sir William Berkeley, their Heirs and Afligns, full and abfolute Power, Licence, and Autho- rity, that they the faid Edv^rard Earl of Clarendon, George Duke of Albemarle, ■ William Earl of Craven, John Lord Berkeley, Anthony Lord Afhiey, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Afligns, from Time to Time hereafter, for ever, at his and their Will and Pleaiure, may afljgn, alien, grant, demife, or enfeoff, the Premifes, or any Part or Parcel there- of, to him or them that fhall be willing to purchafe the fame, and to fuch Perfon and Perfons as they fhall think fit ; to have and to hold to them the faid Perfon or Perfons,. their Heirs and Afligns, in Fee-fimple, 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 Afhiey, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Afligns, by fuch Rents, Servicer and Cuftoms, as fliall feem fit to them- the faid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Afliley, Sir George Carteret, Sir , John Colleton, and Sir William Berkley,, their Heirs and Afligns, and not of us,: our Heirs and Succeflbrs : And to the fame Perfon and Perfons, and to all and every of them, we do give and grant, by thefe Prefents, for us, our Heirs and Succeflfors, Licence, AurhOrity and Power, that fuch Perfon or Perfons may have and take the Prernifes, or any Part thereof, of the faid Edward Earl of Clarendon,. George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, An- thony Lord Afiiley, Sir George Carteret, Sir John Colleton, and Sir William Ber- keley, their Pleirs and Afligns •, and the fame to hold to themfelves, their Heirs and Afligns, in what Eftate of Inheritance foever, in Fee-fimple, or Fee-tail, or otherwife, as to them the faid Edward Earl of Clarendon, George Duke of Albe- marle, WilHam Earl of Craven, John Lord Berkeley, Anthony Lord Alhley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs or Afiign§^ The Proprietors Second CHARTER. vii Afligns, (hall feem expedient ; the Statute in the Parliament of Edward, Son of King Henry, heretotbre King of England, our Predeceflbr, commonly called the Statute of Quia emptores Terrar, or any other Statute, Ad, Ordinance, Uie, Law Cuftom, or any other Matter, Caufe or Thing, heretofore publiflied or provided to the contrary, in any-wife, notwithftanding. AND becaufe many Perfons born and inhabiting in the faid Province, for their Deferts and Services, may exped and be capable of Marks of Honour and Favour, which, in Refpett of the great Diftance, cannot be conveniently conferred by us ; our Will and Pleafure therefore is, and we do by thefe Prefents, give and crranc unto the laid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Beikeley, Anthony Lord Afhley, Sir George Carteret, Sir John Colleton, ^and Sir William Berkeley, and their Heirs and Afllo^ns, full Power and Authority, to give and confer unto and upon fuch of the Inhabitants of the faid Province or Territory, as they Ihall think do or fhall merit the fame, fuch Marks of Favour and Tides of Honour as they fhall think fit ; fo as their Titles or Honours be not the fame as are enjoyed by or conferred upon any ol the Subjeds of this our Kingdom of England. AND further alfo, we do, by thefe Prefents, for us, our Heirs and Succeflbrs, give and grant Licence to the laid Edward Earl of Clarendon, George Duke of Albemarle, V/illiam Earl of Craven, John Lord Berkeley, Anthony Lord Alh-. ley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, and their Heirs and Affigns, full Power, Liberty and Licence, to ered, raife and build, within the faid Province and Places aiorefaid, or any Part or Parts thereof, i'uclx and fo many Forts, Fortreflcs, Cafcles, Cities, Boroughs, Towns, Villages, and other Fortifications whatfoevcr ; and the fame or any of them to fortify and lurnilh with Ordinance, Powder, Shot, Armour, and all other Weapons, Ammunition, and Habiliments of War, both defcnfive and offenfive, as fhall be thought fit 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 Occafioa fhall require, todifmantle, disfurnilh, demolilh^nd pull down : And alfo to place, confticure and appoint, in or over all or any of the faid Caftles, Forts^ Fortifica- tions, Cities, Towns, and Places aforefaid. Governors, Deputy- Governors, Ma- giftrates, Sherifs, and other Officers, Civil and Military, as t9 them fhall feem meet : And to the faid Cities, Boroughs, Towns, Villages, or any other Place or Places within the faid Province or Territory, to grant Letters or Charters of In- corporation, with all Liberties, Franchifes and Privileges, requifite or ufual, or to or within ihis our Kingdom of England granted or belonging; and in the fame Cities, Boroughs, Towns, and other Places, to conftitute, ered, and appoint, fuch and fo many Markets, Marts, -and Fairs, as fhall, in that Behalf, be thought fie and necefuj;y : And further alfo, to ered and make in the Province or Territory aforefaid, or any Part thereof, fo many Manors, with fuch Signories as to them fhall feem meet and convenient; and in every of the fame Manors to have and to hold a Court-Baron, with all Things whatfoever to a Court-Baron do belong ; and to have and to hold Views of Frank-Pledge and Court- Leets, for the Confervation of the Peace and better Government ol thole Parts, with luch Limits, Jurifdictions, and Precincts, as by the faid Edward Earl of Clarendon, George Duke of Albe- marle, William Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir George Carteret, Sir J^hn Colleton, and Sir William Berkeley, or their Heirs, fhall be appointed for that Purpofe, with all Things whatfoever which to the Court- Leet or View of Frank-Pledge do belong; the fame Courts to be holden by Stev/- ards, to be deputed and authorifcd by the faid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Afliley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, or their Heirs, by the Lords of the Manors and Leets, for the Time being, when the fame fhall be erected. AND y viii ' ' The Proprietors Second CHARTER. AND becaufe that in fo remote a Country, and fituate among fo many barba- rous Nations, the Invafions of Savages and other Enemies, Pirates, and Robbers, may probably be feared ; therefore, we have given, and for us, our Heirs and Succeflbrs, do give Power, by thefe Prefents, unto the faid Edward Earl of .Cla- rendon, George Duke of Albemarele, William Earl of Craven, John Lord Berke- ley, Anthony Lord Afhley, Sir George Carteret, Sir John Colleton, and Sir Wil- liam Berkeley, their Heirs or Affigns, by themfelves, or their Captains, or other Officers, to levy, mufter, and train up all forts of Men, ot what Condition foever, or wherefoever born, whether in the faid Province, or elfewhere, for the Time be- ing •, and to make War, and purfue the Enemies aforefaid, as well by Sea, as by Land; yea, even without the Limits oi the faid Province, and, by God's Affift- ance, to vanquifli, and take them ; and being taken, to put them to Death, by the Law of War, and to fave them at their Plcafure, 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 Edward Earl of Clarendon, Georg? Duke of Albtmarl, WjJliam Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir Gforge Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Afligns, iull Power Liberty, and Authority, in Cafe of Rebellion, Tumult, or Sedition, (if any fliould happen, which God ^forbid) either upon the Land within the Province aforefaid, or upon the main Sea, in making a Voyage thither, or returning from thence, by him and themfelves, their Captains, Deputies, or Officers, to be authorized under his or their Seals, for . that Purpofe ; to whom alfo, for us, our Heirs and Succeffors, we do give and grant, by thefe Prefents, full Power and Authority, to exercife Martial Law againft any mutinous and feditious Perfons oi thefe Parts ; fuch as fhall refufe to fubmit themfelves to their Government, or fliall refufe 10 ferve in the War, or fliall fly to the Enemy, or forfake their Co- lours or Emlgns, or be Loiterers^ or Stragkrs, or otherwife ofTcnding againft Law, Guftom, or Military Difciphne-, as freely and in as ample Manner and Form, as anj Captain-Generfll of aft Army, by Virtue of his Office, might or hath accuilomed'to ufe the fame. AND our further Pleafure is, and by thefe Prefents, for us, our Fleirs and Succeffors, we do grant unto the faid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Alfiley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their Heirs and and AiTigns, and to the Tenants and Inhabitants of the faid Province or Territory, both pefent and to come, and to every of them, that the faid Province or Territory, and the Tenants and Inhabitants thereof, fhall not /rom henceforth, be held or reputed any'^Member or Part of any Colony whatfoever in America, or elfewhere, now tranfported or made, or hereafter to be transported or made -, nor ffiall be de- pending on, or fubjedl to their Government in any Thing, but be abfolutely fepa- rated and divided from the fame •, and our Pleafure is, by thefe Prefents, that they be feperated, and that they be fubjeft immediately to our Crown of England, as depending thereof, for ever : And that the Inhabitants of the faid Province or Ter- ritory, nor any of them, fliall, at any Time hereafter, be compelled, or compella- ble, or be any ways fubjeft or liable to appear or anfwer to any Matter, Suit, .Caufe, or Plaint whatfoever, out of the Province or Territory aforefaid, in any other of our Iflands, Colonies, or Dominions in America, or elfewhere, other thap in our Realm of England, and Dominion of Wales, AND becaufe it may happen that fome of the People and Inhabitants of the faid Province, cannot, in their private Opinions, conform to the Public Exercile, of Religion, according to the Liturgy, Forms, and Ceremonies of the Church of England, or take and fubfcribe the Oaths and Articles made and eflablillied in that Behalf; and for that tlie fame, by Reafon of the remote Diflances of thofe Places, * will. Ihe Proprietors Second CHARTER. ix will, as we hope, be no Breach of the Unity and Conformity eftablifhed in this Nation ; our Wui and Pleafure therefore is, and we do by thefe Prefents, for us, our Heirs and Succelfors, give and grant unto the faid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, An- thony'^Lord i\(hley. Sir George Carteret, Sir John Colieton, and Sir William Berkeley, their Heirs and Alfigns, full and free Licence, Liberty, and Authority, by luch Ways and Means as they Ihall think fit, to give and grant unto luch ir'er- Ibn and Perions, inhabiting and being within the faid Province or Territory, hereby, or by the faid recited Letters Patents mentioned to be granted as atorefaid, or any Part thereof, fuch Indulgences and Difpenfations, in that Behalf, for and during fuch Time and Times, and with fuch Limitations and Reltrictions, as they the laid Edward Earl of Clarendon, George Duke of Albemarle, William Earl ot Craven, John Lord Berkeley, Anthony Lord Alhley, Sir George Carteret, Sir John Colle- ton, and Sir William Berkeley, their Heirs or Alilgns, ihall, in their Difcretion, think fit and realonable : And that no Pcrfon or Perfuns unto whom fuch Liberty fhall be given, fh.ill be any Way molefted, punifhed, difquietcd, or called in Quel- tion, for any DixTerences in Opinion, or Pradice in Matters of religious Concern- ments, who do not a:tualiy difturb the civil Peace of the Province, County, ot Colony, that they fli:;ll make their Abode in -, but all and every fuch Perfon and Perfons may, from Time to Time, and at all Times, freely land quietly have and enioy his and their Judgments and Confciences, in Matters of Religion, throughout all the faid Province or Colony, they behaving thcmlelves peaceably, and not ufing thi:; Liberty to Licentioufnefs, nor to the civil Injury, or outward Difturbance of others : Any Law, Statute, or Claufe, contained, or to be contained, Ufage or Cuftom of our Realm of England, to the contrary hereof, in any-wile, notwith- fcauding. A N D in Cafe it ftiall happen that any Doubts or Qiieftions fhall arife concerning the true Senfe and Underftanding of any Word, Clauie, or Sentence, contained in this our prefent Charter ; we will, ordain, and command, that in all Times, and in all Things, fuch Interpretations be made thereof, and allowed in all and every of our Courts whatfoever, as lawfully may be adjudged moft advantageous and favour- able to the faid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Affigns, although cxprefs Mention, &c. WITNESS ourfelf, at Weftminfter, the Thirtieth Day of June, in the Sevenf teenth Year of our Reign. PER IPSUM REGEM. ><■ X ... X, . X. .. X A '0^0:j0.:0:^^0.:0:0^0:0.0M.0-^0-^03.^0^0.^0-. S .>' ">o< . t'\ /"'- great: GREAT DEED OF GRANT. GEORGE Duke of Albemarle, Mafter of his Majefty's Horfe -, Edward Earl of Clarendon ; William Earl of Craven -, John Eord Berkeley ; Antho- ny Lord Afhley, Chancellor of the Exchequer ; Sir George Carteret, Vice-Cham- berlain of his Majefty's Houfehold ; Sir William Berkeley, Knight ; and Sir John Colleton, Baronet j the true and abfolute Lords Proprietors of all the Province of Carolina. 'To our trujly and well beloved SAMUELSTEPHENS, Efq; Governor of cur County of Albemarle^ and the IJl.es and Iflets within Ten Leagues thereof •> and to our trujly and well beloved Councillors and Ajfijtants to our J aid Governor : Greeting. WHEREAS we have received a Petition from the Grand Aflembly of our County of Albemarle, praying, That the Inhabitants of the faid County may hold their Lands Upon the fame Terms and Conditions that the Inhabitants ot Virginia hold theirs ; and forafmuch as the faid County doth bor- der upon Virginia, and is much of the fame Nature, we are content, and do grant, that the Inhabitants of the faid County do hold their Lands of us, the Lords Pro- prietors, upon the fame Terms and Conditions that the Inhabitants of Virginia hold theirs: WHEREFORE, be it known unto all Men, by thefe Prefents, That we, the faid Lords and abfolute Proprietors of the County within the Province aforefaid, have o-iven, granted, and by thefe Prefents do give and grant, full Power and Au- thority unto youi the laid Governor, by and with the Confent of our Council, or the major Part thereof, or to any Governor for the Time being, or that {hall here- after be by us appointed, full Power and Authority, by and with the Confent of our Council then being, or the major Part thereof, to convey and grant fuch Pro- portions of Land, as by our Intbudtions and Conceffions annexed to our Commiflion, bearing Date in October, Anno Dom. i66y, we have appointed, to fuch Perfons as Ihall come into our faid County to plant or inhabit ; to be held of us, our Heirs and Affigns, upon the fame Terms and Conditions, that Land is at prefent ufually granted in Virginia j any Thing in our Inftruftions and Conceffions aforefaid to the contrary notwithftanding : And we do hereby declare and confent,- that the Warrant to the Surveyor for the laying out of faid Lands, and the Return thereon being re- giftered, and alfo the Grant of you our faid Governor and Council, that fhall be where fuch Land is due, having the Seal of the Country affixed to it, and figned by yourfelf, and major Part of our Council for the 1 ime being, being regiftertd, fhall be good and effeftual in Law, 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, for ever, he or they performing the Conditions aforefaid. GIVEN under our Hands, and Great Seal of our Province, the Firft of May, Anno Domini One Thoufand Six Hundred and Sixty Eight. ALBEMARLE, CRAVEN, BERKELEY, ASHLEY, CARTERET, COLLETON. ANNO LAWS of North-Carolina. "^ ^- D, 1715. ANNO REGNI G E O R G I I I, REGIS, MAGN.E BRITANNIA, FRANCIS, & HIBERNItE, S E C U N D O. At a General Biennial ASSEMBLY, held at the Houfe of Cant ckarles I ° EDEN, Efq} Richard Sandtrfon^ at Little River ^ begun the 17th Day of Novetnber^ 17 15, and continued, by feveral Adjournments, until the 19th Day of 'January^ iJiS' Governor, CHAP. I. An Afl^ ccncerning Marriages. OBSOLETE. 2. An AH^ concerning 'Transferring Rights. O B S. 3. An An., concerning defraying the Charges of the Governor and Council. O B S. 4. An Act., prohibiting Strangers trading izith the Indians. O B S. 5. An Ac!., for the fpeedy Settlement of Lands. O B S. 6. An yfJ7, exempting New-Corners from paying Levies for one Tear. OBS. 7. An AcJ^ for the better obfe'rving the Lord's Day called Sunday, R'p-'' I'y Aa, . \the 30/^ (/ January, the 2Cjth of Md.y, and the iid of Sep- ^^"■'^' '^'^'• temlxTi and alfo for the Juppreffmg Prophanenefs^ Immorality., and divers ether vicious and enormous Sins. 8. An A.I., for eftahlifnng the Church, and appointing fele£i Veflries. i^'pc'- I'v A^r, 9- An At^, for Liberty of Ccnfciencc., and that the folcmn Affirmation Th.stii.ftanceof of the PeoHe called Qiiakers, fljall be accepted., injtead of an f r by f v^.talstL Oath in the ufual Form. '"■' = -^ e igianrf, •^ tlitn n Fore? in this Hfovlnce. .to. An A1, relating to the Biemiial., and other AffemUies -^ and regulat- ^"^-^ ■'''^a- ing Elections and Members. - '^ ^'"- ' ""'"'• A CHAP, . LAWS of North-Carolina. J. D. iji^. Governor to ap> point Coroners for every Hre- ■cjnft, by Com- unilTjon. iiltered by the Fee Bill. In- quifition l6 s. JuiorsFee is, \A, Conftable 7 d. CHAP. XL Coroners appointed. I. X) JE it Ena5fed by his Excellency the Palatine, and the reft of the true and ahfo- \^ lute Lords Proprietors of Carolina, by and with the Advice and Confent of thii prefent General Affembly^ now met at Little River, for the North Eaft Part of the faid Province, and it is hereby Enabled, That there (hall be one able and fubftantial Free- holder appointed, to be Coroner in every Precindl which now is, or hereafter fhall be laid out within this Government ; which Officer the Governor or Commander in Chief for the Time being is hereby defired, authorifed, and impowered, by Com- miffion, under his Hand and Seal, to commifllonate and appoint ; who (hall, by Virtue of this Aft, 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 Cudoms of the Kingdom of Great-Britain doth of Right belong or appertain, II. A N D be it further EnaEied, by the Authority aforefaid^ That every Coroner fo appointed, may, and he is hereby impowered, to take and receive, for every Inquell by him made and taken, and returned into the Secretary's Office (which he is hereby required, diredled, 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 EnaEled^ by the Authority aforefaid. That each Juryman (hall be paid the Sum of Twelve Pence /)fr Diem, and the Conftable who fummon- eth the Jury, the Sum of One Shilling for every Juryman -, the Whole to be levied by a Warrant from the Coroner, upon the Eftate of the Party on whofe Body any Inqueft fhall be taken, if any fuch can be found ; Otherwife fuch Charges to be paid out of the Public Treafury. Rep. ty Aa, Apiil 4, 1741, Rep. by ACi, Dec. 5, 174&. Rep. by Aft, Dec. 5, 1746, CHAP. 12. An AEl, for ^lalification of Public Officers. O B S. 13. An A^, to appoint Conftables. 14. An A51, relating to the Juftices of the Court cf Pleas, and to prevent the Commiffioners, and other Inferior Officers of the faid Court, pleading as Attcrnies. 15. An A5f, afcertaining the Time and Method for the executing and Return of original Writs, and for the better regulating divers Proceedings in the Court of Pleas. CHAP. XVI. No Perfon (liill be committed without Eitanii- nation. Magillrate (hall admit to Bill, if bailable. Shall record the Examination, & the Matter given in Evidence, a- gainft, and for him. Shall taki^ Re- erignizance, to profijcute and give Evidence. An A£i to dire5f the Method to be obferved in the Examination and Commitment of Criminals. I. 'WyE it Enabled by his Excellency the Palatine, and the Reft of the true and ahfolute J3 Lords Proprietors of Carolina, by and %vith the Advice and Confent of this pre- fent General Affembly, now met at Little River, for the North Eaft Part of the faid Province, and it is hereby Enaiied, That from henceforward, no Perfon within this Province (liall ^ committed to Prifon for any criminal Matter, until Examination thereof be firftliad before feme Magiftrate -, which Magillrate fhall admit the Party to Bail, if bailable, and fhall record the Examination of the Party, and alfo the full Matter given in Evidence, both againft him and for him, with all concurring Cir- cumllances ; and fliall take Recognizance, with good and fufficient Securities, to- our Sovereign Lord the King, for the Informer to appear and profecute, as the Laws of the Kingdom of Great Britain and this Province do dired ; and likewife for all Evidences for the King to appear, and give Evidence againft the Criminal, at the next Court, where the Matter is cognizable, enfuing fuch Examination : Which L A IF S of N O R T H - C A R O L I N A. Which Examination and Recognizances fo taken, fliall be returned to the Office of ^- D. 1715. the Court wherein the Matter is to be tried, under the Penalty of Five Pounds for ^^iTl^n"^^ every Negleft -, one Half to the Lords Proprietors, and the other Half to him or ju to th« next them that fliall fue for the fame ; to be recovered in any Court within this Govern- ^ "'" "''"'■ '^' Cnurt vhere the Matter is to be ment, by A6lion of Debt, Bill, Plaint, or Information -, wherein no Eflfoin, Pro- tn-^d, und^r the tec1;ion, Injunclion, or Wager of Law, Ihall be allowed or admitted of. ior\Z,y N^g- kd. CHAP. 17. An Jil concerning Evidences. Repeal by a fv, De- 5, 1746, 18. An A51 fcr the Relief cf fuch Creditors^ whofe Debtors having Repf^i^ty Aft, Lands in this Goi-crmnent, depart, 'u;itLo::t leaving perfonal d^-c 3,. 1746, Eft ate fiifficient to pay their Debts. "^ '" 19. An AJI ccnccrniT.g Efcapes of Perfons tnder Execution. O B S. 20. An Aj to dire t the Difpofal of Goods taken upon Excc::tion, and p.ov^Jed for by for the better Rezulaticn of Diftref'es hereafter to be :r:ade for '''^ ^^ 1:' 'P' Levies and Sl^.H Rents, and the a-^ for tftjbl, fling Sj- ptrii t Couits. 21. An Act concerning Attcrnics from foreign Parts ^ and fcr giving Rep by his Ma. Priority to Country Debts. j %'s o.dtr, in •^ Council, CHAP. XXII. An Act, concerning Appeals, end Writs of Error. \ IX. T3 -^ ^^ Enaaed by his Excellency the Palatine, and the reft of the true and Rep-ai. by a^, _|3 abfolule Lords Proprietors of Carolina, by and ivith the Advice and Con- ^ri>ut'the"afh feiit of this prefcnt General Affembly, now met at Little River, for the North-Eaft and loth s.c- Part of the Jaid Province, and by the Authority of the fame, it is hereby Enacted, ll^'^oiiw!''''"* That in Cafe any Suit or Matter fiiould arife in the Court of Chancery, where the Governor or Commander in Chief of this Government for the Time beings may be a Party, or iiitereiled therein, it fnall and may be lawful for any Four of the Mem- bers of the Court to fit and aCt therein, as though the faid Governor or Comman- der were prefent, and not any AVays interefted, cr a Party therein. X. AND be it further EnaSied, by the Aaihority aforefaid. That from and af- ter the Ratification of this Aft, every Member of the Council, or Lords Proprie- tors Deputy, Ihall, upon his entering into that Office, and betore 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 Uiagcs of the Kingdom of Great-Britain, under the Penalty and Forfeiture of One Hundred Pounds for every Month he fliall negleft or refufe to take the fame -, one half to the Lords Proprie- tors, the other to him or them that fliall fue for the fame : To be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record within the Government •, v/herein no Ellbin, Injunftion, Protection, or Wager of Law, fliall be allowed or admitted of. •CHAP. 23. An AFl, to prevent the Inhabitants of Y>^t)\ County bringing Actions \ll';li;l' ^%' in the General Court againft one another, for Icfs than len chap. 6.' Pounds. 24. An Acl, for the Tryal of fnall and mean Caufes. j^„j.„, ^y a A April 4, J74f, 5.5. ^n Chap. 25. 4 LAWS of North-Carolina. A. D. I 715. Repeal'd by Aft, April 4, 1740, Chap. 12. The fuLjeftMat- ter of this Aft ]fegulated by the King's Inftiuc- tions and Orders of Gdvernment here, therefore Obfolete. Preamble. Seven Years Pof- fefli )n of Lands, declared a good 25. An Act^ for the better Regulation of the Militia of this Govern- ment. 26, The Form of a Patent, CHAP. XXVII. An Act, concerning old Titles of Lands -, and for Limitation of Actions -, and for avoid- ing Suits in Law. I. TTTHEREAS great Suit, Debate, and Controverfy, hath heretofore been, y y and may hereafter arife, by Means of ancient Titles to Land derived from Patents granted by the Governor of Virginia, the Condition of which Patents have not been performed, nor Quit-Rents paid, or the Lands have been deferred by the firft Patentees, or for, or by Reafon or Means of former Entries or Pa- tents granted in this Government ; for Prevention Vv'hereof, and for quieting Mens Eftates, and for avoiding Suits in Law ; II. B E it Enacted, by his Excellency the Palatine, and the refl cf the true and ahfolute Lords Proprietors of Carolina, by and nzith the Advice and Confent of this pre- fent General Afjembly, now met at Little River, for the North-Eail Part of the faid Province, and it is hereby Enacted by the Authority of the fame. That all Poffeffions of, or Titles to any Lands, Tenements, or Hereditaments vvhatfocver, derived from any Sales made either by Creditors, Executors or Adminiftrators of any Per- fon deceafed, or by Hufbands and their Wives, or Hufbands in Right ol their Wives, or by Indorfement of Patents, or otherwife, of which the Purchafer or PolTelTbr, or any claiming under them, have continued, or fhali continue in Pcf- fefllon of the fame for the Space of Seven Years without any Suit in Law ; be, and are hereby ratified, confirmed, and declared good and legal, to all Intents and Purpofes whatfoever, againft all, and all Manner of Perfons : Any form^er or other Title or Claim, withftandino-. Aft, Law, Ufage, or Statute, to the contrary, in any-v/ife, not- Claim to Lands, &c. to be made within 7 Years. in. AND be it further Enacted, by the Authority aforefcid. That no Perfon or Perfons, nor their Heirs, which hereafter fhali have any Right or Title to any Lands, Tenements or Hereditaments, fliall thereunto enter or make Claim, but within Seven Years next after his, her, or their Right or Title which defcend or ac- crue ; and in Default thereof, fuch Perfon or Perfons fo not entering or making Default, fhali be utterly excluded and difabled from any Entry or Claim thereaf- ter to be made. Perfons under Age, Feme Co- verts, &c. miy make Claim within 3 Years, after Difability removed. IV. P ROV I D E D neverthelefs. That if any Perfon or Perfons that is, or hereafter fhali be, intitled to any Right or Claim of Lands, Tenements, or Here- ditaments, fhali be, at the Time the laid Right or Tide firft defcendeJ or accrued, come or fallen within the Age of Twenty-one Years, Feme Covert, ISlcn compos mentis, imprifoned, or beyond Seas, that then fuch Perfon or Perfons fhali 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 done before this Ad, fo as fuch Perfon or Perlbns fhall, within Three Years next after full Age, Difcoverture, coming of found Mind, Enlargement out of Prifon, or Per- fons beyond Seas, within Eight Years after the Title or Claim becomes due, take Benefit and fue for the fame, and at no Time after tlie Times or Limitations hcreiiT fpecified ; but that all FoffefTions held v/ithout fuing fuch Claim as aforelaid, fhall be a perpetual Bar againft all, and all Manner of Perfons whatfoever ; that the Expeftation of Heirs may not, in a Ihort Time, leave much Land unpofTefTcdi Vir\n^^ G^Tvdp^k ^are Clau' in Aaion. of fimfregit, hereafter to be brought, v/herein the Defendant or Defendants Ihall dil- 7"/''"'^''/'',°'- claim in his or their Plea, to make any Title or Claim to the Lands m which the i^iaimiff to join Trefpafs is by the Declaration fuppofed to be done, and the Trefpafs be by Neg- '^uT^Z^l'Zi^ ligence, or involuntary, the Defendant or Defendants ihall be admitted to plead a iJ^inuff b^rr/d. Difclaimer, and that the Trefpafs was by Negligence, or involuntary, and a Ten- der or Offer of fufficient Amends for luch Treipafs before the Action brought j whereupon, or upon feme of them, the Plaintiff' or Flaintifiis fnall be inforced to join IITue, and the faid liiue be fouiid for the Defendant, or the Plaintiff' fhall be Non-fuited, the Plaintiff' fliall be clearly barred from the faid Action, and all other Suits concerning the fame, VIII. AND he it further Enacted, by the Authority afcrcfaid. That in all Ac- Aaons of shn- tions upon the Cafe for ffanderous V/ords, to be fued or proJecuted by any Perfcn cl'otr^hlTh^. in the General or Precinct Courts of this Governm.ent, after the R^atification of this ^t"'.^' "'""■'* Act,_ if the Jury, upon tlie Trial of the IiTue in fuch Action, or the Jury that fliall ^"^ """'' '^° '* inquire of the Damages, do find or affcfs the Damages under Forty Shillings ; then the Plaintiff or Plaintiffs in fuch Action, (hall have and recover only fo much Colls as r^amages fo given of alfcffed fnall amount unto, without any further In- crcafc of the fame : Any Lav/, S'tatute, Ulagc, or Cuftom to the contrary, in any wife, notwithftanding. of Debt for Arrearages of Rent, Actions of Afiauk, Menace, Battery, Wounding, and Imprifonment, Actions of Trefpafs q^nare Claiftim fregit, A&ions upon the Cafe for ffanderous Yv^ords, be, or ihalfbe at t!ie Time of any fuch Caufe of Action givcrj Provlfo, for Prr- f)n5 bfvond Se.i, irrprifonfd, &c. to bring thcit Anions- LAWS of N O R T H - C A R O L I N A. J. D. 1715- given or accrued, fallen or come within the Age of Twenty One Years, Feme Covert, nojt compos Mentis, imprifoned, or beyond the Seas j that then fuch Perfon or Perfons fhall be at Liberty to bring the fame Actions, fo as tliey bring the fame within fuch Times as are before limited, after their coming to or being of full Age, Difcovert, of found Memory, at large, or returned from beyond the Seas, as other Perfons, having no fuch Impediment, m.ight have done. See Aa Septemb, Chap. 3. Preamble, pnfTed Sales made by Hulband and Wife, and ac- knowledged, the Wife being pri- vily examined, declared guud. C PI A P. XXVIII. Feme Coverts hew to pafs Lands. H E R E A S the legal Way of pailing Lands where the Eflate is in a , , Feme Covert, is by Fine and Recovery; and it having been formerly practicable in this Government (Fines and Recoveries not being in Ufe there) that Sales have been made by the Hulband with the Wife's Conienr, and fometimes by Sales from them both, and acknowledged in Court, the V/ife being firft privately examined by the Court, whether Ihe acknowledged the fame freely : II. B E it Enacted hy his Excellency the Palatine, and the Reji of the true and ahfolute Lord Proprietors of the Province of Carolina, by and with the Advice \and Confent of the Rejl of the Members of the Genera! Jfembly, now met at Little River, for the Nort!i Eail Part of the faid Province, and it is hereby Enacted by the Authority of the fame. That all fuch Sales v/hich have at any Time heretofore been made m Manner and Form aforefaid, or which hereafter fliall be made by tlie FTuPoand and Wife, and acknowledged before the Chief Juftice, or in the Court of the Precinct where the Land lieth, the Wife having been firft privately examined, before the Chief Jufrice or one of the AfTociate Judges, or by fome Member appointed by the Coin-L of th"e Precinct, whether fhe acknowledgeth the fame freely, fnall be good and effectual againft the Hufband and Wife, and their and every of their Heirs and AfTigns, and againft all other Peribns claiming by, from, or under them, or any of them, and that to all Intents and Purpofes, as if the fame had been dene by Fine and Recovery, or by any other Way or Means whatfoevef. Not cnnftrued to tilt off Iiitails. III. PROV ID ED always, and it is hereby meant and intended. That nothing in this Act contained, fliallbe conftrued or meant to give any Power or Authority hereafter for cutting off intailed Lands : Any Thing herein before contained to the contrary, in any Wife, notwithfVanding. This Aft was provided for by feveral Statutes infoiced in this Province, and the Repeal of it con^^ firmed by Aft, paffed Oanber 1749, Ch. 6. Rep by Naviga- tion Aft, March 6, I7j8, Ch. 4. Chap. 29. An Act for preventing Lifputes concerning Lands already furvcyedi REP. 30. An Act concerning Ef cheat Lands, and Ef cheaters. REP. 31. An Act for the more effectual obferving the ^een's Peace, and ejla- blifhing a good and lafiing Foundation of Government in North Carolina. R E I". 32. An Act for fettling and maintaining Pilots at R oanoke and Occacock Lilets. "^2. An Act to regulate divers Ahufes in the taking up of Lands, and to afcertain the Method to be obferved from henceforth in taking up and furveying Lands. R E F* CHAP. LAWS of Nokth-Carolin CHAR XXXIV. J, D. ,7,5. An Jet for entering; of Vejfeh^ and to prevent the Exportation of Debtors, I, "O-E it Enacted by his Excellency the Palatine, and the Rejl of the true and ahfohte J3 Lords Proprietors of the Province of Carolina, by and -with the Advice and Conjent of the Reft of the Members of the General /Iffonbly^ now met at Little River, for the North Eail Part of the faia Province^ end it is hereby Enacted by the Authority of the fame^ That the Mailer of every Ship or VefTel coming into this Government, Mafter of VefT-i fhall, within Four Days next after his Arrival, and before he trade or land any '" ^'"^ ^"f ""^ .Goods (living Creatures only excepted) enter into Bond in tlie naval Office, v/ith out c7tL c',u "! one iufficient Freeholder or well known Merchant, in the Sum of Five Hujidred ''y'J'"*""' ^'- . Pounds, with Condition that the faid Mailer fhall not carry ofi' any Ptrfjn cut of '^mf'^^'if ""ubit this Province without a Ticket firil had and obtained from the ISaval Giiicer, and ^""'' figned by the Governor or Commander in Chief for the Time being (Pcifons com- ing into this Province in the fame Vellel, Women whofe Hufoands are lefiacnt in the Country, Perfons under Age, and Sailors who have not refided in the Govern- ment above Two Months, excepted) nor fhall depart himfelf without Leave, under the Penalty of Fifty Pounds ; one Third to the Lords Proprietors, one Third to the Governor or Commander in Chief, and the other Third to the Informer. II. AND be it further Enacted^ by the Authority aforefaid^ That the faid Bond Honcttohe t3k,„ fhall be taken in the Na.ne of the Governor or Commander in Chief for the Time "^ % ^•'"'' °^ being, payable to himfelf, his Succeflbrs or Aihgns, but fliall be to the only Lie Truft fcV ' t'hV" of, and in Truft for^ fuch Perfon or Perfons as fhall appear to be injured by the '""'^ '"^"'"''' faid Mafler's Non-Performance of the Condition above exprefTed -, and fliall be afligned to any Perfon or Perfons fo injured petitioning for the fame, who fliall and may obtain an Adlion thereon. III. PROVIDED always, and it is hereby further Enacted, That if the faid Tohefoedwith. Bond or Bonds fnall not be fued within two Years after the Date thereof, then the '" """ ^'""" fame fhall be null and void to all Intents and Purpofes whatfoever, as if the fame had never been made ; any Thing herein before contained to the contrary, notwith- ftanding. IV. AND be it further Enacted, by the Authcrity aforefaid. That no Ticket fhall ^" ^-'^"^''^ '■'■"= hereafter be granted to any Perfon intending to export his or hei fdf out of this fky'lf^f !venr"r Government (except as before excepted) until fufficient Security be firfl: given to <^""'''"" ro- the Naval Officer, for the Payment of all fuch Debts as the Party fo intendino- to tmr Xive.Sr- depart fhall be chargeable with, and for which Atftions fliall be commenced within '^'^"'.'"'""'iie Four Months next after fuch Security given, or until Certificate befirfl: m^ade to the Naval Officer, by the Clerk of the Precind Court where the Party fhall refide that he hath publifhed his Intentions to depart the Government, by affixino- a Note at the Court-Houfe Door, publickly to be read by all Perfons, durino- the fittino- and Continuance of the two Courts next preceding fuch Certificate, v/ithcut bein? under written, or any Demand iTiade to hinder his or her Departure. V. AND be it further Enacted, That on Default of fo doing, the Naval Officer O'^'"^*' '^''^cef fliall be liable to fatisfy the Creditors of all fuch Perfons who fliall depart the Go- Aa:''ns!T'Toa,l vernment by Ticket from that Office ; provided Anions for the fame be entered {^^'^^jj^ '" ^'-'" within Four Months after the Date of fuch Ticket fo obtained ; without Security '"' '" given, or Cernficate had and received from the Clerk of fome Precinct Court, as before mentioned. CHAP. 35. An Act fcr raifng a Public Magazine cf Ammunition, upon the Ton- R'-p'=»i ^y a.^, nage of all VefJ'els tradin'j; to this Government. ^r''' ''• ''^'^^- '*^ " * Chip 10 Repf I'd by AO, 26. An Act concerning Roads and Ferries. paired j^n. 1764, -" " Chip. 3. Kcptal. hy A/>, 37. An Act to encourage the b.Mding of Mills, CHAR Pf||^^«N;^-'7:^ Laws of North-Carolina. J. D. 1715. CHAP, XXXVIII. Jn Act to appoint Puhiic Regifters, and to direct the Method to be obferved in conveying Lands% Goods, and Chattels ; and for preventing fraudulent Deeds and Mortgages . Grant fromLords Propriet'rs, to chocfe Public Ufgifters. w H E R E A S his Excellency the Palatine, and the Reft of the true and abfolute Lords Proprietors, amongft other Privileges and Immunities, have given and granted to this their Province, to choofe Public Regifters : In Pur- fuance therefore to the faid Grant, and for the better and more effectual Prevention of fraudulent Deeds, Alienations, and Mortgages ; PcWic Regifters II. BE it Enacted by his Excellency the Palatine, and the Rejl of the true and alfolulc Low appointed, i^^y^^ Proprietors of the Province of Carolina, by and ifitb the y:dvice and Ccnfcnt of the Refi of the Members of the General /Iffembly, now met at Little River, for the North Eaft Part of the faid Province, and it is hereby Enacted by the Authority of the fame. That it fhall and may be lawful for all, or the major Part of tlie Inhabitants and Freemen of each Precintl (who are qualified to Vote in the Election of BurgefTes) to meet the Firft Day of April next, at the ufual Place for the Eleftion of BurgcfiTes, then and there, by a Majority of Votes, to eled thre*^ Freeholders, as Candidates for the faid Office ; of which laid Candidates fo to be elefted, the Provoft-Marfhal of each Precinft, or his Deputy (who are hereby required to attend fuch Ekclions) fliall, within Twenty Days after, make Return to the Governor or Commander in Chief for the Time being, under the Penalty of Five Pounds for every fvich Negled: ; and the Governor or Commander in Chief, with the Advice of the I^ords Proprie- tors Deputies, fliall make Choice of one of fuch Candidates fo eledcd as aforelaid, who being commilTionated under the Hand and Seal of the Governor or Commian:'.er in' Chief, iliall be thereby inverted with the OfHce of Regifter of Deeds ; and, until there be a Clerk of the Parifli Church, of Births, Burials, and Marriages. ruWic Regifter to give Bjnd in 3 IVlonths, !n 1000 PoundSjtDr faith- ful Difcharge of his Office. Bond to lie given lnl'recin£tC> urt, and recorded in Precinft and Sl'- rietjiy's Offices. Original to be left with thcGj- vcrnor. Penalty for not giving Bond, IProvifo. No C.-nveyance ,.f L.ind, exe.pt Mortgage, goud, unlcfs acfcniiw. lidjted, &c. and r-'g.ll-rpd within two Munihs, Deds fo exccut- cd.tb be vjlid, III. A IS! I) be it further Enacted, by the Authority aforefaid. That each and eveiy Publich Regifter fo chofen and commifTioned, fhall, within Three Months after he ftiall enter upon his Office, give Bond, with Two good and fnfficient Securities, to his Excellency the Palatine, and the Lords Proprietors, in the Sum of One Thoufand Pounds, for the faithful Difcharge of his Office •, which Bond fliall be given before the Juftices of the Precinft whereof the Party fhall be appointed Re- gifter, and recorded in the Office of tlie faid Court, and alfo in the Secretary's Office, and the Original repofited in the Hands of the Governor or Commander in Chief : And whoever, after the faid Firft Day of April, fliall officiate in the faid Office longer than Three Months without giving fuch Security as aforefaid, he or they fo offending, fliall forfeit and pay the Sum of Tv/enty Pounds ; one Half to the Informer, and the other Half to the Poor of the Parifli or Prccincl. IV. PRO V ID E D always. That every Perfon or Perfons who now a6t in the aforefaid Office within any Precind: of this Government, fliall be and continue in the fame, until fuch Choice fhall be made and confirmed, as is before by this A6t diredcd ; v/hen they, and every of them, are hereby required and commanded to deliver to the Public Regifter of their Precinct fo elected and confirmed, all Pa- pers and Records which fliall be in their Cuftody, that do, of Pvight, belong and' appertain to tlie faid Office ; under the penalty of Fifty Pounds. V. AND be it further Enacted, by the Authority afcrefcid. That no Convey- ance or Bill of Sale for Lands, (other than Mortgage) in what Manner or Form foever drawn, fliall be good and available in Lav/, unlefs tlie fame fliall be acknov,-- ledged by the Vendor, or proved by one or more Evidences, upon Oath, eitliei; before the Chief Juftice for the Time being, or in the Court of the PiTcinct where the Land lieth, and regiftred by the Public Regifter of the Precinct v/liere the Land lieth, within Tv/cive Months after the Date of the faid Deed ; and that alt Deeds fo done and executed, fliall be valid, and pafs Eftates in L.idd, or Pvight tO' L A IV S of N O K T H - C A R O L I N A. » tV otlter E'Vue, without: Livery of Seizin, Attournment, or othsr Ceremony in the ^. D. 1715. -L.^w whacfoever. att-licd under tlie l-'ublic S.a!. within a Year, to be j>uod iui - Yl. PROVIDED always. That all Deeds or Conveyances of Lands, Te- ^,a-''j/Kiu. neai:-nts,i,Qr Alereditanients, Goods or Chattels, wiiich are already palled, and re- able Ci-nfidcra- ^liiici^-Qr- which Ihall be regiftred within One Year after the Rauhcati, n of this !r,oi' wlurn^' » Act, for which a good and valuable Confideration has been actually and bcnafJe Vear, jctUisd paid, Ihall be gDod and available in Law and Equity, to Purchaiers, and their ^"'■' " Heir=!, againft the Vendors, and their Pieirs, and ail others claiming by, from, or '^v;ider them, in as full and ample Manner, to all Intents, Conftrudtions, and Pur- -'Jjofcs, as if fuca Title had been made either by Fine, Common Recovery, Livery .t)f Seifuv -Attourninent, or any other Ways uled and practiied within theKingdcrfi -oji ri\..i\ / _■ : : • )j\ i\\!\; ■ • Y\\. ■■ AND he it firther Enacted,--ky t^B /^uihority afcrefaiJ, That all Deeds and d -^s "^''e in .Conveyancesof Lands lying within this .Government, made m foreign Parts, which f.ll'd'pfov.a'aTb'-- llaall be remitted hither, and proved before the Chief Juiticc, or Court of the Pre- '■-"» "' "'^"'e cincl where the Land li.th, in Manner as betore directed ; or which fliall be perio- f nrae "^cf any naliy acknowledged or proved before the chief Magiftrate of any City, Town, or t^-.s&c.crCn Corporation, w^ichiri the King of Grent Briiain^ Dom.inionj and an Atteiiation p;lntiti'' /'"'y ^e-"'''^ -^ T-v '. - ■;. iw, - 111 - '^^ I'erfin njak- "jan.-ary. Anno Dom. 1714, or at any Time Jftreatter to be had or m?.ae, to or lor the uni;. any Intent or Purpofe laft before declared and exprefied, Ihall be from henceforward deemed and taken (only as againft that Perfon or Perfons, his or their Heirsj Exe- cutors, Adminiftrator.'^, and Afugns, and every of them, whofe Adlions, Suits, Debts, Accounts, Damages, Penalties, and ForfcitUi"es, fliall releafe by fuch covinous or fraudulent Devices and Pra6lices, as is aforefaid, or fhall or might be, in any Wife difturbed, hindered, delayed, or defrauded) to be clearly and utterly void, fruftrate, an -! of'no Effect ; any Pretence, Colour, feigned Confideration, expreiTing of LTfe, or any Matter or Thing to the tontrary, notwithitandi'ng. IK. AND he it further Ena5lcd, by the Authority aforefaid. That all and every Pa tks to fuch the Parties to fuch feigned, covinous, or fraudulent Feoffments, Gifts, Grant., I" rka'i.-vl'- " Alienations, Bargain, Conveyance, Bonds, Suits, Judgments, Executions, or other »>*e .i.wiea'. Things before expreffcd, and being Privy and knovt'ing of the fame, or any of tiiem, which at any Time after the Firft Day of Augufi next coming, fliall witti.nrly •and willingly put in Ufe, maintain, avow, juftify, or defend the fame, or any <>i ti'iem, as true, fimple, and done, had, or made ^o«^/i^?, and upon good Confider- ation ; or fhall alien or aflign any the Lands, Tenements, Goods, or Things before mentioned, to him or them conveyed, as is aforefaid, 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 Proprietors, and the other Moiety to the Partv grieved, and intended to be defrauJed thereby. ' '- ^ ^ " ' B ■ ■ X. Provided id LAWS of N O R T rf - C A R O L I N A.* ji. D. Tji's-. X. PROVIDED always^ and be it further Enable J^_ by the Authority af or efai^-, That this Aft, nor any Thing herein before contained, Ihall not extend, or be conftrued to impeach, defeat, or make void, any Conveyance or Aflurance, Intereil, Limitation of Ufe or Ufes, of, in, tOj or out of any Lands or Teneiiietits hereto- fore at arry Time had or made, or hereafter to be bona fide made, upon and for good Gonfideratrons, to any Perfon or Perfons whatfoever \ any Thing before mentioned to the contrary, notwtthftanding. Not to make void any Convey- ance bonji fide zniiie. Mortgige fiift regifkred, (hall be deemed the &Il Mortgage. Unlrfs firdMort- gage be regiftered in 50 Djjs, XI. AND for the Preventiorr of Frauds by double Mortgages and Conveyan- ces of Lands, Negroes, Goods, and Chattels, Be it further Ena£fed, by the Authority aforefaid. That every Mortgage of Lands, Tenements, Goods, ,or Chattels, which fhall be firft regiftered in the Regifter's Office of the Pregind wh?re th? Land lietH, or of Goods and Chattels where the Mortgager liveth, /hall be taken, deeme^, judged, allowed of, and held to be the firft Mortgage, and to be good, firm, fub- ftantial, and lawful, in all Courts of Juftice within this Government; any former or other Mortgage of tlie fame Lands, Goods' or Chattels, not before regiftered, notwithftanding ; unkfs fuch prior Mortgage be regiftered within Fifty Days after the Date. ■- : :-. . , .■ : If more Mort- gages than one, fuch as have not regiftred, may redeem thofe that are, paying Prin- cipal, &c. Perfons making a fecond Moitgage, the firft being in Force, to hive no Relief in E- quity. Not to bar Wi- dow fromDuW r, who did not j.iin in the Deed, &c.\ rirft Mnrtgagee not regiftiing his Title before a id, to take no Ad. vantage by his Purchafe. Public Ueglfter, when there is no Parifh Clerk, to regifter Births, Marriages, and Eutials. Perfons ncalefl- ing ti regifter, Jiirfeit I s, per Month, to the Regifter ; not to exceed ;os. Penalties how to !>e lecovsted. XII. PROVIDED always, and be it further Enacted by the Authority aforefaid. That in Cafe more than one Mortgage fhall happen to be made and be in Force at one Time,- of the fame Lands "and Tejierpents, Goods and Chattels, the feveral Mortgao;ees' which have not recriftred their Morto-ao-es, their Heirs, Executors, Adminiftrators, or Affigns, fhall have Power to redeem any Mortgage or Mortga- ges regiftered, upon paying the principal Debt, Intereft, and Cofts of Suit, to the prior Mortgagee or Mortgagees, their Heirs, Executors, Adminiftrators, or Afligns', and as a Punifhment for fuch intended Fraud or Covin, every Perfon or Perfons which fhall mortgage the fame Laiids, Tenements, Goods or Chattels, a fecond Time, a former Mortgage being in Force and not difcharged, ftiail have no Power or Liberty of Redemption in Equity or otherwife. XIII. PR O VID E D alfoythiit nothing in this Ad: contained fhall be conftrued, deemed, or extended, to bar any Widow of any Mortgager of fuch Lands or Tene- ments^ 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*- . , . - ; .-'':i': :;[.f :.i i.j b..ii .. . I --.'-■.. XIV. AN^D'he it further '.Eriae^d^ If thg Authority aforefaid. That every prior Purchafer, or Mortgagee, of any Lands or Tenements, Goods or Chattels, which fhall not, before the Firft Day of January, 1 7 1 6, regifter his Title or Mortgage as aforefaid, if after that Time a fecond Deed of Sale, Conveyance, or Mortgage, be regiftred before the Prior, fuch Perfon fo neglefting fhall take no Advantage or Benefit of fuch Purchafe or Mortgage already figned and fcaled. ..XV;- - AND be it further Enacted, by the Authority aforefaid. That the Regifter aforefaid of every Precinft, when there is no Clerk of the Church in that Frecinct, ftiall regifter all Births, Marriages, and Burials, v.'ithin the Precintl whereof he is Regifter •, and that every Mafter or Miftrefs of a Family who fhall negleft to regifter the Birth or Death of any Perfon born or dying within his or her Floufe or Planta- tion, and every married Man who fnali negledl to remit to the faid Regifter a Cer- tificate of his Marriage, and caufe the fame to be regiftred, ,for longer than one Month -, each Mafter or Miftrefs, or married Man, fo neglefting, fliail forfeit and pay to the faid Regifter One Shilling per Month, for every Month io negledtd ; provided the Whole do not exceed Twenty Shillings. XVI. AND be it further Enabled, by the Authority aforefaid. That all Penalties and Forfeitures in this A(5l mentioned, fhall be recovered, by Bill, Pialnt, or Infor- mation, in any Court of Record in this Government ; wherein no Injundion, Prc- teftion, or Wager of Law, fhall be allowed or admitted of, C H A P. L^//^5o/ North-Carolina. ii CHAP. '^^. An A:l^ concerning TVeights and Meafures, ^- D. 17 15 Repeal'd Apiil 4, Chap, jy. Repeal'd by At\, 40. Staple Commodities Rated. O B S. Ap'ii 4. i-4'> 41. An A^^ to a/certain the 1'ime for Payment of Pork, Upbeat, and Indian Corn. O B S. 42. An AJy to afcertain the Guage of Barrels, a7d to prevent Frauds ^^^^/^ [hTinl in Pork, Beef, Pitch, and Tar. fpcaion Att. 43. ^« ^/^, /fl appoint the Marking of Hcrfes, Cattle, and HogS; ^^,'^fll''^i^^,\ and to prevent Injuries being done hy killing, mifnarking, driv- chap. 8. in-^ aivay or defiroying Peoples Stocks. CHAP. XLIV. An A5f, to appoint Toll-Bcoks to he kept at or near Catharine'j Creek, in Chowan Pre- ]Z^^hh°^\. cin^, at the Head of Perqnimons Prmwr/, and at the Mouth (7//^^ North-weft N./iyee, ' Riier, in Currituck Precinct -, and to prevent Perfons from tranjporting or driving ^''^P' '*" horfes. Cattle, or Hogs, to other Perfons Lends. I. ^TTHEREAS divers Perfons, Inhabitants of Virginia, frequently coming Y Y into this Government to purchafe Cattle or Hogs, it may be greatly fear- ed they may drive away Cattle or Hogs which they have not purchaied ; and where- as divers l-erfons, as well Inhabitants of this Government as of Virginia, do very often drive, lead, or carry Horles, Cattle, or Hog?, to other Perfons Lands, where they fuppofe is better Herbage or Maft than on that Vvfliercon they are Dwellers : For Prevention whereof-, II. B E it Ena^ed by his Excellency the Palatine, and the Refi of the true and ahfo- lute Lords Pro'Aietors of the Province of Carolina, by and tvith the Advice and Confent of the reft of the Members of the General AJfembly, now met at Little River, for the North Eaft Part of the faid Province, and it is hereby Enacted, hy the Authority of the fame. That there ihall be, at Catharine^ Creek, in Chowan Precind, at the teX'^t" Head of Perquii-nons River, and at the Mouth of the North iVeft River, in Currituck Precinft, Perfons appointed by the Governor or Commander in Chief for the Time being, to keep Toii-Books ; and all Perfons, whether Drivers, Purchafers, or Owners of Cattle or Hogs, fliall be obliged to enter in the Toll-Book every Bead or Hog, with their Mark and Diilinction, and of whom purchafed : And that a!! Cattie, &c. what Perfon foever iliall drive Cattle or Hogs to Viiginia, and fliall negleft to enter Penaity'of luch the fime in the refpeclive Toll-Books, according to this Aft, fliall forfeit every Cattie, &c. 01 fuch Beaft or Hog which fhali be fo omitted as aforefaid ; and if fuch Bead or Hog ^°f" be not to be had, the Perfon fo omitting, (hall forfeit and pay the Sum of P\;rry Shillings ; to be recovered by a Warrant from the next Juftice of the Peace. III. A N D be it further Enacted,' That every Purchafer, Owner or Driver, of ^J'^^"*'''";" ""^ Cattle and Flogs, fhall pay unto the Perfon fo appointed to keep the faid Toll- eveiy*HL.s,' 1 0. Book Twopence for every Beaft, and One Penny for every Hog, which fhall be fo driven and entered in the faid Toll-Book. Toll -Books IV. AND be it further Enacted, by the Authority aforefaid. That if any Perfon ^'f> Pfrfm or Perfons v/Hatfoever, either inhabiting in Virginia or this Government, fliall, after j,"?^ on"*"'',), the Ratification of this Act, prefume to drive, lead, tranfport, or carry any Cattle, Pe^pi'^s l nc Horfes, or Hogs, to range upon any Perfons Land, fiiall forfeit and pay the Sum pWe^Liba'ty " . of 1 en Pounds: And that no Perfon or Perfons whatlbever, inhabiting in this Penalty «» jo 1 B z Government, 12 L A JV S of North -Carolina. ^. t). 1715. Government, fhall give Leave to any other Perfon or Perfons, either Inhabitant of Foreigner, to turn loofe, drive, or put on his Land, any Plorles, Cattle, or Hogs, under the like Penalty of Ten Pounds. No Perfun to bring Stock into this I'rovince to Winter, an Pe- nalty of to I. None to be deem- ed Inhabitants who do not re- fide on their Lands, or keep them tenanted. Ranger, &c. to make P'.fttcfs. Penalties how to be difpofed, and how recovered. V. AND be it further Enacted^ by the Authority nf or cfaid^ That no Foreigner whatfoever, either by Confent or PermifTion of any other Perfon or Perfons inhabit- ing in this Government, or otherwife, fhall prefume or offer to drive, lead, or bring into this Government, any Stocks of Cattle, Hogs, or Horfes, with Intention to winter them here, or to deftroy the Herbage or Mall, under the Penalty of Twenty Pounds : And it is hereby meant and intended, and fo Ihall be underflcod and taken, that no Perfon fhall be deemed an Inhabitant that holds Lands by Entry, Survey, or Patent, but fuch as aftually and conftantly refide on fuch Lands, or keep' the fame always tenanted, cultivated, and improved. VI. /} N D be it further Enacted, by the Authority aforefaid^ That the Ranger of each Prec'rnft or Divifion where fuch Ofience fhall be committed, or on his De- fault, the Keeper of the Toll-Book, is hereby appointed to make Diftrefs of fuch Cattle, Hogs, or Horfes, of any Perfon or Perfons offending ; the one Flalf of which Fine or Forfeitirre fliall be to the Ranger, or Keeper of the Toll-Book, whichfoever fhall make the Diftrefs, and the other Half to the Churchwardens and Veftry, for the Ufe of the Farilh where the Offence fhall be committed. VII. AND be it further Enacted, by the Authority aforefaid. That all Fines and Forfeitures in this Aft mentioned, and not herein or hereby exprtfsly and parti- cularly mentioned to whom they fhall be paid, and how to be recovered, fhall be, one Half to the Churchwardens and Veftry, for the Ufe of the Parifli where the Of- fence 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 Lffoin, Protedlion, Wager of Law, or Injunclion, flaall be allowed or admitted of. CHAP. XLV. What Fences are fuffcient. Fences how to be made. Perfons not hav- ing lawful Fences doing Mifchief to Hurlcs, to make good the fame. How to be reco- vered. Trefp.ifs where the Fence is fuf- E it Enacted by his Excellency the Palatine, and the Reft of the true and abfolute H^ 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 Little River, for the North Eaft Part of the faid Province, and it is hereby Enacted by the Authority c^ the fame. That every Planter fhall make a fufficient Fence about his 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 ; which if any Perfon be deficient in, whatfoever Trefpafs or Damage fuch Perfon fhall fuftain, by Horfes, Hocrs, or Cattle, the Owner of fuch Horfes, Hogs, or Cattle, fhall not be liable to any Aftion of Trefpafs, or to make Satisfaction for fuch Injury. II. AND be it further Enacted, That if any Perfon, whofe Fence is infuITicient, fhall, with Guns, Dogs, or otherwife, unreafonably chafe, worry, maim, or kill, any Cattle, Hogs, or Horfes, or caufe the fame to be done, fuch Perfon fo offend- ing fhall make full Satisfaction for fuch Damages or Injury, to the Owner of fuch Florfcs, Hoo-s, or Cattle, as he fliall thereby fuftain ; to be recovered, by Aftion of Debt, iiT the Court of the Precincl wherein fuch Injury fhall be committed, wherein the Teftimony of one Witnefs fliall be fufficient Proof -, provided the Da- mages do amount to above the Value of Forty Shillings ; but in Cafe the Damages be lefs than Forty Shillings, then the fame fliall be triable and determinable by and before Juftices of the Peace only, as by the Aft, intituled, * An Act, for the Tryal of fmall and mean Canfcs, is directed : But in Cafe any Horfe, Hogs, or Cattle, fhall trefpafs * This ASi repeal'd, but the Subftaiice provided for by Acl, Dec. 1770, Chap. 43. LAWS of North-Carolina. U trefpafs vipon any Perfons Land whofe Fence (hall be fufficient, according to the -^^ D. i-jic Directions of this Act, which fhail be determined by any Two llifficient Freehol- tiers of the Neighbourhood, indifferently chofen, and fworn before fome Mapi- ftrate ; then the Owner of fuch Horfes, Hogs, or Cattle, fhall make full Satisfac- tion for the Trefpafs, to the Party injured ; to be recovered in fuch Manner as is herein before by this Act direfted. fici.nt, to b'i made good by tha Owner < f the Huile, iiC. III. AN B be it further Enatled^ hy the Authority afcrefaid. That every Perfon whofe Horfe, Mare, or Gelding, fhall break into any inclofed Grounds, fenced ac- cording to the Dire6tions of this Aft, fuch Perfon or Perfons lliall be bound to keep up fuch unruly Horfe, Mare, or Gelding, from the Tenth Day of March^ until the Tenth Day of November^ Yearly i under the Penalty of paying double Damages, with Colls, to the Party injured, for the Second Offence or Trefpafs ; and for the Third Offence, treble Damages ; to be recovered as aforefaid. Unruly Iloifes, &c. breakinu; in to t'cnccdGrtund, to be krpt up from March jo, to Nov, 10. CHAP. XLVI. An Act^ concerning Servants and Slaves, Rep^al'd hy Al^, April 4. 1741, Clup. 14. CHAP. XLVII. Private Burials prohibited. I. T3 E it Enabled hy his Excellency the Palatine, and the reji of the true and JI3 abfolute Lords Proprietors of Carolina, by and with the Advice and Con- fent of this prcfent General AJJembly, notv met at Little River, for the North-Eaft Pari of the faid Province, and by the Authority of the fame, it is hereby Ena^ed, That every Planter, Owner, Attorney, or Overfeer, of every fettled Plantation in this Government, or that hereafter lliall be fettled, ftiall let apart a burial Place, and fence the iame, for the interring of all fuchChriftian Perfons, whether bond or free, that fhall die on their Plantation j and that before the interring, there ihall be called at leaft Three or Four of tiie Neighbours to view the Corps : And if it ap- pears to them that the Perfon came to his or her Death by any Violence or unlawful Means, Notice thereof fhall be given forthv/irh to the Coroner of the Precinft, io that Proceedings may be had thereon according to Law : And in Cafe any of the Perfons fb called fhall refufe to come and view, he or fhc fo refufing, fhall forfeit and pay the Sum ot Five Shillings ; to be levied by a Warrant from the next J uftice of the Peace, and paid to the Churchv/ardens, for the Ufe of the Poor of the laid Parifh. II. AND be it further Enacled, hy the Authority aforefaid. That if any Perfon fo dying, fnall be buried contrary to the true Intent and meaning of this Aft, the Perfon or Perfons occafioning tlie fame, fhall forfeit and pay the Sum of Ten Pounds •, one Third to the Informer, one Third to the Lords Proprietors, and the other Third to the Poor ; to be recovered by Bill, Plaint, or Information, in the General Court of this Government ; wherein no Eflbin, Proteftion, or Waoer of Law, fhall be allowed ; unlels fuch Perfons, in their Lifetime, fignified their Deff re of being interred elfewhere ; or uniefs the I'erfon concerned in fuch Burial can make it appear that fo many of the Neighbourhood refufed to come, on Notice given to tbem,^ to appear and view the Corps, or that lie could not, without great Travel and Expence, or Damage to the Corps, keep it any longer. Burial Places to be let apart. PerTons how to b'i buried. On Sufpic'on of Violence, Coro- ner to be inform- ed. Pcif.ms re''iifing to ccme & view, to forfeit 5 b. Perfons burying contrary to this Aft, to forfeit 10 I. unlels the Dcceafed defir'd to be burifd elfe- wh^rc, &c. CHAP. XLVIII. An ATI concerning proving Wills, and granting Letters of Adniin/f ration ; and to prevent Erauds in the Majiagement of Intejtates Eftates. I- "O ^ ii EnaU.cd by his Excellency the Palatine, and the reft of the true and abfo- X3 ^'■'i^ Lords Proprietors of the Province of Carolina, by and with the Advice and Conjcut of the Reft of ihe Alembcrs of the General Affcmbly, now met at Little River, for See AONnv.?.;;, 171",, C^:lp 10. Nlv 1766,01 3. 14. LAWS of N O R T H - C A R O L I N A. J. D. 1715. for the North Eaft Part of the f aid rrovince, f.nd it is herely Enacted by the Autho- rity of the fame. That all Wills and Adaunillrations heretofore proved and granted by the Council, General Court, Precind Court, or by any Powers or CommilTions heretofore granted by any Governor, Deputy Governor, Prefident and Council, to any particular Perfon or Perfons, fliall be deemed, adjudged, and taken to be good and efFeftual, to all Intents and Purpofes whatfoever, as if proved before, or granted by, any Ordinary or other Eccleliaftical Judge or Perfon. Wills,©'.: here- tofore pr.'vcd lie- lore thr G.)ver. nor, &c. declar- ed good. How Wills, (^c. may be proved. II. AND be it further Enacted, by the Authority aforefaid. That it fhall and may be lawful for the Governor or Commander in Chief for the Time being, the Ge- neral Court, or Precind Court, to have Wills proved before themi, and to grant Orders for Adminiftration, Letters Tefta- lT,entary, dSc. how granted. No Per(on to ai- minifter till Let- ters granted by the Governor, on Penalty of 50 1, III. PRO VID E D always. That the fame be not repugnant to the Rules and Methods prefcnbed by this Ad ; arid provided alio, that the granting Letters Tel^ tamentary, or L^^tters of Adminiitration, always excepted ; which fliall be always, from and after the Ratification of this A6t, figned by the Governor or Commander in Chief for the Time being, and fealed with the Colony Seal, and only ifluing out of the Secretary's Office, and counter-figned by the Secretary, or his Deputy. IV. AN D be it further Enacted, by the Authority aforefaid. That no Perfon do prefume to enter upon the Adminiltration of any deceafed Perfon's Eft; te, until they have obtained fuch Commiffion of Adminiftration, or Letters Teftamentary, figned by the Governor, under the Penalty of Fifty Pounds ; One Half to the In- former, and the other Half to the Governor or Commander in Chief lor the Time being : To be recovered by Bill, Plaint, or Information, in the General Court of this Province ; wherein no Eftbin, Proteclion, or Wager of Lav/, fliall be allowed or admitted of. S^'crctary not to jlTje LettersTef- tamentary, till Executors are fworn ; nor of Adminiftration, till Adminifira tors take the Oath, and give Bjnd. Condition of the Sond, V. ANB be it further Enacted, by the Authority aforefaid. That the Secretary or his Deputy, fliall not affix the Colony Seal, or fub-fign any Letters Teilamentary, without taking the Executor's Oath for performing the Will of the Decealed, unlefs Certificate is made by a Juftice of the Peace, that the fame Oath is taken before him ; or Letters of Adminiftration, without the Adminiftrator has taken the Oath of an Adminiftrator, and has alfo given fufficient Bonds, with two or miore able Sureties, taken eithef before the Secretary, or the Juftices of the Precind Courr, 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, mutatis mutandis, 'viz. TH E Condition of this Obligation is fuch. That if the above bounden /. B. Adminiftrator of all and Angular the Goods and Chattels, Rights and Credits, of C. D. deceafed, do make, or caufe to be rhade, a true and perfcd Inventory of all and Angular the Goods and Chattels, Rights and Credits, of the faid Deceafed, which have, or fliall come to the Hands, Pofleffion, or Knowledge of him the faid A. B. or into the Hands and Pofll^ffion of any other Perfcn or Perfons for him, and the fame fo made do exhibit, or caufe to be exhibited, into the Secretary's Office, and one atteftcd Copy thereof to the Frecind Court v/here Orders for Adminiltration pafled, within Ninety Days after the Date of thcfe Prefents ; and the fame Goods, Chattels, and Credits, and all other the Goods, Chattels, and Crcdks, of the faid Deceafed, at the Time of his Death, or which at any Time after, fiiali come to the Hands or PoiTeffion of the faid J. B. or into the Hands or Pofltffion of any other Perfon or Perfons for him, do well and truly adminifter according to Law, and further, do make, or caufe to be made, a true and juft Account of his laid Admi- niftratian, within one Year after the Date of thefe Prefents, and all the Reft and Refidue of the faid Goods, Chattels, and Credits, which ffiall be found remaining lapon the faid Adminiftrator's Account, the fame being Hrft examined and alloved of by the Governor and Council, General Court, or Precind Court, fliall deliver and L A W S 0/ North-Carolina, ^S "and pay unto fuch Perfon or PerBns, . refpedively, as the fame fhall be due unto, 4- ^^ '"^5; ■purfuant to the true Intent and Meaning of this Aft ; and if it fhall appear that any laft Will and Teftament was made by the Deceaied, and, by the Executor or Executors therein named, do exhibit the lame into Court, making Requeft to have it allowed and approved accordingly, if the faid /f. B. above bound, being there- unto required, do render and deli-vcr the laid Letters of Adminiftration (Approba- tion oi' fuch Teftament being firft had and made) in the faid Court ; then this Obligation to be void, and of none EffeS : Or elfe to remain in full Force and Virtue. WhicK Bonds are hereby enafied and declared to be good, to all Intents and Pur- Bonn to !.e ^r- pofes, and pleadable in any Court of Juflice-, and fhall be transferred or afligned, i>l"ty \Jii['4^^^ by the Governor or Commander in Chief for the Time being, to any Perfon or Perfons injured, who fliall and may maintain an A6lion thereon,* VII. A N D he it further Enc^ed, hy the Authority aforefaid^ That no Executor or Adminillrator fhall, hereafter, take, or hold himlelf (according to the Value of the Appraifment) more of the Deceafed's Eftate, than amoiimts to his neceliary Charges and Difburfements, and fuch Debts as he fhall legally pay within Twelve, Months after Adminiftration granted ; but that all fuch Eftate lb remaining fliall, immediately after the Expiration of Tv/elve Months, be equally and indifferently divided and paid to fuch I'erfons to whom the fame is due by this Act, or the Will of the Deceated, fuch Perfon or Perfons, or fome other for them, giving good Se- curity, that if any Debt or Debts truly owing by the Deceafcd, fliall be afterwarv.:S fued for and recovered, or otherwife duly made appear, that then, and in every fuch Cafe, he or they fliall refpedively refund and pay back to the Execiitor, or Adrriiriiftrator, 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 lb' as aforefaid alotted 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. 'E::cr'jtnrs nr Ainirtrators, not to h Irf mnrc of any El}j!e than the ChargCb, &c. Eftste to lie dU v(Ui) in Tweiire Months. S Method to be cbferved in the taking the Lifts of tkem. Chap, a, Pieamble, CHAP. LIL An Acl^ for appointing a 1! own in the County of Bath, and for fecuring the 'Public Li- brary belonging to St. Thomas'j Parifj, in Famplico. I. ^ -jl T H E R E A S, at the Requeft of Mr. John Laivfon^ Mr. Joel Martin, and YY others, a certain Tra6t or Parcel of Land, purchafed by them, lying on the Old-Town-Creek, in Pamplico, 2nd containing, by Eftimation, Sixty Acres, be the fame niore or lefs, being Part of a larger Trad then belonging to Lavid Per- kins, but now in the Poflefllon, and of Right belonging, to Col. Ihomas 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 PoflefTion of the faid Gary, was incor- porated and made a Townlliip, by an A61 of the General AlTcnibly, made and ra- tified, at the Houfe of Captain John Hecklefield, the Eighth Day of March, Anna Domini One Thoufand Seven Hundred and Five, with divers Privileges and Immu- munities therein, and thereby invefted in the faid John Laufcn, Joel Martin, and Nicholas Daw, to and for the Ufes therein mentioned : To promote therefore the Settlement of the faii Tovm, and for fecuring the Public Library of St. Thoin^s's, Parifh, in Pamplico, .a _,. II. BE it Enacted by his Excellency the Palatine, and the Refl of the true and abfohite Lord Proprietors of the Province of Carolina, hy and with the Advice and Confent of the Refl 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 Enacted by the Authority Linds invefted in ^j fhe Jame, That the faid Land be, and it is hereby henceforward invelled in Mr. wT'Namrof John Porter, Mr. Joel Martin, Mr. Thomas Harding, and C&r^i. Join Lrinhvater, Ltb-iovin. ^^ any Two of them, to and for the Ufes afortfUd, and Declared, Confirmed, and Incorporated into a Townfliip, by the Name of Bath-Town ; with all Pri- vileo-es and Immunities hereafter exprefi'ed, for ever. Ground fet .part Hi. PURSUANT to v/hich, It is hereby Enabled, That convenient Places To^n^HJuf;. and Proportions of Land be laid out and preferved, for a Church, a Town-Houle, and Marker g^d a Markct-Placc -, and that the reft of the Land which is not already kid cut, *'''"* be forthwith laid out into Lots, of half an Acre each, with convenient Streets and PafTages, by the faid Truftees, or any Two of them. An perfon ma IV. AND be it furthcr Enactcd, by the Authority aforcfaid. That every Perfon take up'tTts!"^'' whatfoever, who is defirous to be an Inhabitant of the laid Town, fhall have Liber- ty to take up any Lot or Lots fo laid out as aforclaid, and noj before taken up ; which Lot or Lots the Commiffioners aforefaid, or any Two of them, are hereby direfted, required, and impowered, to grant, convey, and acknowledge, to the Perfons fo taking up the fame, and to his Heirs and Affigns, for ever, in Fee-Sim- ple, upon Payment of Thirty Shillings, Confideration-Money, for each Lot ;■ out of which Money the firil Purchafers Ihall b- re-imburled the firft Purchafe, with their reafonable Charges and Dilburfements, and tiie Overplus fhail be appropriated to the Ufe of the Church, to be difpofed of as by the Vcilry oi the Precuicl: of Beaufort, Ihall, from Time to Time, be directed and appoin'.-cd. V. P P. 0. L A IV S of N O K T H - C A R O L I N A 17 V. P ROV ID ED a^1va^is, That what Perfon foever, fliull take up, and have conveyed to hi:r., any Lot or Lots as al-'orc- mentioned, and Ihall not buiid, or caufe to be built thereon, within Twelve Months after the Date of the faid Conveyance, a o-ood, ilibltantial, habitable Houfe, or make fuch Preparations for fodoino- as the Court of the Precind, by Viev/ of any two or more of the Jullices, fhall judge rea- fonable to fecurc the lame, every fuch Conveyance fhali be, and is hereby declared void and of no EtFecl, as if the fame had never been made ; and the faid Lot or Lots ihall be free and clear for any other Perfon to take up and purchafe. VL AN D be it further Enacted, by the Authority afcrefaid^ That from and after the Firfl: Day of y^/^rzY next, no Perfon or Perlbns v/hatfoever. Inhabitant, or claim- ing any Right or I'itle to any Lots in the faid Town, Ihall keep, raife, or permit or fuller to run at large in the laid Town, any Hogs or Shoats, under the Penalty of forfeiting the faid Hog or Shoat ; one half to the Perfon taking up fuch Hog or Slioat, and the other half to the Poor of the Pariih : And that no Perfon, Inha- bitant of the faid Town, or holding Lots there, fhall inclofe ihx lame, or keep the fame incloled, under a common Stake Fence ; but every Lot or Lots inclofcd, fhall bs.' either paled in, or done with Foils and Rails. J. D. 1715. Ptrl'ons takins; up Lts to build a Jloufe Chtrc'un in 12 Muiiihs. No Hogs to ran at large, on Pe- nalty "f Korfei- ture to the Poor. Lnts how to be VII. AN D be it further Enacted, by the Authority aforefaid. That tJie Commif- fioners aforefaid, or any two of them, have full Power and Authority, and they are hereby impowered and required, to remove all Nufances within the Limits of the aforefaid Town. Comm'fn. n"ts tb rcmovtNul'ancci, VIII. AND becaufe in the former Survey of tlie Lots that are already fur- veyed, each Lot contains Four Pole more than was warranted by the A61 of AfTcm- biy for laj'ing out the atorefaid Land, and the Truftees for granting the aforefaid Lots having figned Sales for the Lands lying before tiie Fronts of the Lots, contrary to the Authority granted them •, wherefore, that the famiC may be regulated, and a Plat thereof made, fo as the Streets in the faid Town may aniwer with the Lots intended to be laid out of the Land belonging to Col. Thomas Cnr)\ adjoining thereto : Be it Enatied, Tiiat a Re-furvey be made of the aforefaid Town Land, by Order of the Comm.illioners afore-meniioned •, and that' each and every Perfon holding Lands or Lots in the Town alorelaid, fhall have no . more in their Lots than jufl half an Acre, purfuant to the (irft Intention and Defign of fettling the aforefaid Town ; ftill relerv.ng to the Owners or PofTcflbrs of all Lots in the afore- faid Town, the Land lying belbre the Front of their Lots, upon Payment of Ten Shillings for every Front, to the CommilFioners in this Aft appointed •, who are hereby authorifed and required, to grant, leal, and deliver Deeds of Sale for the fame. P.S furvcy to be m.de. Owners unty, mjy \>z •etailed iiiTown. .Vithrut Liceilfe, '01 10 Years. Owners of Lots to clear th.'m, & keep them fu. Mwners of Lots not rleanng the fame, to p.iy the Charge thereof: To be adjutfRed by 2 Freeholders of the Town. Commlffiincr dying, &c. how to be le- placed. XIII. ANT) be it further Enacfed, by the Authority aforefaid^ That all Liquors which are bona fide the Growth, Produce, and Manufa6lure of the County of Bath^ fhall and may be retailed in Town, for the Space of Ten Years next after the Ra- tification of this Aft, by any Freeholder or Inhabitant of the faid Town, without any Licenfe or other Permit for fo doing ; fubjeft neverthekfs to the feveral Penal- ties, Forfeitures, and Rellriftions, as by the Law intituled, Ordinary Y^ee^ers hovj to fell, are made and provided. XIV. AND whereas divers Perfons poffeffed of Lots in the faid Town do neo-left clearing the fame, and others do permit fuch as have been cleared to grow up with Brufh and Under- Wood, to the great Annoyance of the Inhabitants of the faid Town : Be it Enatkd, by the Authority aforefaid. That all Peribns, PcfTcfibrs or Owners of Lots in the faid Town, fhall, and they are hereby obliged, within One Month after the Ratification of this Aft, to clear all fuch Lots fo held or pofTL-fTed by them, from all Manner of Wood, Under- Wood, Brufh, or Grubs, that are, or may be offenfive to the Inhabitants of the faid Town, and fliall fo keep the fame, from Time to Time, and at all Times hereafter, as often as Need fliall require j under the feveral i^enalties and Forfeitures hereafter in this Aft provided. XV. AND be it further Enacted, by the Authority aforefaid. That all and eveiy Proprietor, Owner, and PolTeiTor, of any Lot or Lots in the faid Town, who fliall omit to clear the fame within the Time before limited, fhall be liable and obliged to pay the full Value of the Charge of clearing the faid Lots, to the Truflces or CommiiTioners aforefaid, who are hereby appointed, authorifed, and impov/cred, to caufe all fuch Lots to be cleared as fliall, after the Time before limited, lie uncleared and ncglefted ; the Value of which Work fhall be adjudged by two Freeholders, Inhabitants of the faid Town (being firft fworn before fome Magiil;rate) and fhall be fecoverable in any Court of Record within this Government, or before Juflices of the Peace, if under the Sum of Forty Shillings, as in the Aft for fmall and mean Caufes is provided, by Bill, Plaint, or Information ; wherein no EfToin, Prcteftion, Injunftion, or Wager of Law, fliall be allowed or admitted of XVI. AN D be it further Enacted, by the Authority aforefaid. That in Cafe of the Death, or Departure out of the Government, of any of the aforefaid CoirimiifTioners for the faid Town, at any Time hereafter, the remaining Part of the laid Com- miiTioners, together with the Juftices of the Court, are hereby authorifed and im- powered to make Choice of fome other Perlbn or Perfons to fucceed fuch Commif- fioner fo dying or departing as aforefaid ; which Perfon or Perfons fo clefted and cholen, fliall, and they are hereby inverted with as full Power and Authority, to all Intents and Purpofes whatfoever, as the prcfent Commiffioners now in this Aft no- minated and appointed j that fo the full Number of CommJfTioners may be always kept up and full. * XXXI. AND .,. Ti- the B :ie 14 remaining Claufes of this Law, relating to the Library cf Si. Tl:o:nas\ Parif]!, cbfclctc, jooIcs are mollly fquandered, and no Library-Keeper appointed for many Ycaii^ LAWS of N O X T H - G A R O L I N A. '9 XXXI. AND be it further Enacted^ hy the Authority aforefaid. That for the ^- D. 1715. further Encouragement ot the Town of Bathy and all other Towns now, or here- V""^'''"^' — ' after to be buiit within this Government, it fliall and may be lawful for the Free- KcionTBurccfs' holders of the aid Town of Bath, and of ail other Towns now, or hereafter to be built within this Government, at all Times hereafter when Reprcfentatives or Bur- gefles are to be chofen for the Precin«5l v/hcrein the Town lies, to ele(5l one Burgefs to reprefent the fame in all fuccceding AiTcmbiies. XXXII. PRO VI ■' E D ahivays. That this Eledion for Members of AfTemblv Provifc to ferve for t!ie Town of Bath, or any other Town whatfoever, llaall not begin or commence till fuch Tov/ri fliall have at leaft Sixty Families. XXXIII. PROVIDED aljh. That nothing in this A61 contained, fliall be Provifo. held or taken to limit or hinder the Inhabitants oi Newbern from fending a Repre- fentative to the Aflembly, being hereby allowed, although there fhould not be Sixty Families inhabiting in the faid Town, CHAP. 53. An Act concerning Ordinary Keepers and Tippling Houfes. ^^'f^ ^^ ^^\ 54. An A:t afcertaining the Currency of Dollars. DBS. Chap. 20. ^^. An Act afcertaining the Damage upon prctefled Bills of Exchange. aT^ 6,. K-^i] Chap. 16. 56. Puhlick Letters hoiv to be ccnveyed. O B S. 57. An Act to -hrevent taking Boats, Canoes, and Pettiaguas, from Land- ^•'P^i'JbyAft. "Wir i>'./ April 4, 17^2 tngs, witvout Leave. chap, 13. _, R'-peal'd hy A^, 58. An Aof to af certain Officers Fees. April e, ,749, Chjp. a. CHAP. LIX. An Act, for refraining the Indians from nwlefiing or injuring the Inhabitants of this Government, and for fecuring to the Indians the PJght and Property of their own Lands. TlirHEREAS before the late War^ daily and grievous Complaints of Preambi:. y y the Depredations and Infults of the Indians were exhibited againil tliem, by divers Pcrfons bordering upon, and refiding near to the Habitations of the faid Indiafis : For the Prevention of the like Diforders for the Time to come, and for the cultivating a better Underilanding with the faid Indians, the Want of which has been fo injurious to the Government ; II. B E it Enacted, by his Excellency tJ^e Palatine, and the refl of the true and abfoliite Lords Proprietors 0/ Carolina, by and with the Advice and Confent of this pre- fcnt General Afjembly, 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 whoever fliall Indians kHiing difcover or find any Indian or Indians killing, hunting, or in Purfuit of any HorJes, l,'^"?'" S^""'^'. Cattle, or Hogs, the Right and Property whereof is in any white Man, inhabiting nlflKa. ^"' within this Government ; every fuch Perfon or Perfons^ on Dilcovery or Sight thereof, may, and he is hereby impowered, to apprehend and feize every fuch In- dian or Indians^ anJ him or tli«m lb apprehended and taken, to convey before fome C 2 oire 20 L ji W S of North-Carolina. J. D. 1715. Right to appeal. Differences be- tween Indians and wliite Men, how to be dettr- mined. No I'erfon to buy Lands of Indians without Confent of Governor and Council, White Men not (0 moltfilndians. Provided for by the Aft for a p. pointing Tieafu- rcrs, and other Afls in Relation to Taxes. Repeal'd by A£>, Nov. 23, 1725, Chap, 12. one of the Commifiioners to be appointed for Indian Affairs, and for Want of fuch before the next Magiftrate ; which faid Commiffioner or Magiftrate, together with the Ruler or Head Man of the Town to which fueh Indian Dehnquent may be- lono- is and are hereby impowered to punifh every fuch Delinquent in fuch Man- ner as the Nature of the Offence may require, and to award Rellitution to the Par- ty injured for all Damages by him fuftained •, faving always the Right of Appeal to the Governor and Council, if either Party ffiall think themselves aggrieved cr wronged thereby. III. AND be it further Enafied, hy the Authority aforefaid, That if any Differ rence iliall for the future, aril'e between any white Man and India?:, concerning Trade or otherwife howloever, every fuch Difference fliall be heard, tried, and determined by fuch Commiffioners as the Governor or Commander in Chiti for the Time beino- ffiall appoint, together with the Ruler or Head Man of the Town to which the Indian belongs ; faving only the Right of Appeal, as is herein before faved and excepted, IV. AND whereas there is great Reafon to believe^ that Difputes concerning Land has already been of fatal Conl^quence to the Peace and Welfare of this Co- lony •, Be it further Enacted, by the Authority aforefaid. That no white Man .ffiall, for any Confideration whatfover, purchafe or buy any Traft or Parcel of Land, claimed or a6tually in Poffeffion of any Indian, without fpecial Liberty for fo do- ino- from the Governor and Council firft had and obtained, under the Penalty of Twenty Pounds for every Hundred Acres of Land fo bargained for and purchafed ; one Hall to the Informer, and the other Half to him or them that ffiali fue for the fame : To be recovered by Bill, Plaint, or Information, in any Court of Record within this Government •, wherein no Effoin, Protection, Injundion, or Wager of Law, ffsall be allowed or admitted of, v. /i ND be it further Enacted, by the Authority aforefaid. That whatever white Man fhall defraud or take from any of the Indiana his Goods, or fhall beat, abufe, or injure his Perfon, each and every Perfon fo offending, fhall make full Satisfac- tion to the Party injured, and flaall fuffer fuch other Punifliment as he fliould or oucrht to have done, had the Offence been committed to an Engliflman. CHAP. 60. Public Treaftirers to give Account, 61. An Act for a "Town on Roanoke Ifland, for the Encouragement of Trade from Foreign Parts. 62. An Act for raifmg Corn, to fatisfy the Debt due from this Govern- ment to the Honourable Charles Craven, Efi; Governor of South Carolina ; and for the Subfiftance of fuch Forces as fioall be raifed for the neceffary Defence of the Frontiers of this Gcvcrnment. O B S. €^. An Act for raifing the Sum of Two Thoufand Pounds, Annually, till the Public Debts are dnfwered and paid, for the better en- couraging the Currency of the Public Bills of Credit. O B S. CHAP. LXIV. An Act impozvering Johanna Peterfon, PFidow c/ Thomas Peterfon, late of Albeiv.sxle County, Efq; to make Sale of certain Lands, late belonging to the faid Thomas Pe- terfon ; and to make other Provifion for Anna, the Daughter of the faid Thomas Peterfon, to whom the faid hands do defend. Piiyate. I. HY.'K^ AS Thomas Peterfon, late of yf/i-a';^/^ County, Efq-, died feized and poffeffed in his Demefne, of Fee, of, in, and to a certain Plantation. or Z/ y^^^ 5 o/" N O R T H - C A R O L I N A. 2 1 D. 1711 or Tract of Land, lying in the Fork of ^{cen Anne's, Creek, in Clczva: Precinft, containino- by Eftimation Four Flundred Acres, be tiie fame more or Icfs, butted and boundino- to the Eaftward on the Town Land, and to the Weftward on Sic- covii^'s Creek ; and alfo of, in, and to, one Half Acre or Lot of Land in B{?ib Town, buttino- and bounding to the Southward on the Lot of Col. Chrijiopher 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 Thomas : And v/hereas Johanna, the Mother of the laid Anna, by her Petition preferred to this A/fjmbly, is very willing, for the Advancement ot the laid ..nna's Portion, to rclinquilh her Rio-ht of Dower of, in, and 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 confiderable Improvements thereon, which makes them valuable, which otherwife will be very much impaired and ruined before the faid Anna (hall come of Age : Wherefore, II. B E it Enacted by his Excellency the Palatine, a?id the Rcjl of the true r.n.i abfolute Lord Proprietors of the Province of Carolina, by and with the Advice and Confent of the Refi of the Members of the Gtmral Affembly, now met at L.ittle River, for the North Ealt Part of the faid Province, . and it is hereby Enacted by the Authority of the fame. That the faid 7o/^<^««<^ be, and The is hereby impowered, to bargain, fell, alien, enfeoff, and transfer the faid Plantatijn or Traft of (Land lying in the Fork of ^leen Anne's Creek, in Chozvan Precinct, containing by Eftimation Four johima Pn,rj,H^ Hundred Acres, be the fame more or lefs, butting and bounding to the Eaftward l',!;"*""' '" '''' on the Town Land, and to the Weftward on Sloco,j.b's Creek -, alfo one Half Acre or Lot of Land in Bath Town, butting and baunding to the Southward on the Lot of Col. Cbriftopher Gale, and to the Northward on one of the Crofs Streets •, or any Part or Parcel of the fime, to any Perlbn or Perfons that ftiall be willing to give moll Money for the fam.e-, to have and to hold the fame to luch Purchafer or Pur- chafers, his or their Fleirs and AiTigns, for ever, III. AND for the better fecuring the Money arifing by fuch Sale, to and for the U^Q, Benefit, and Intereft of the laid /inna, her Heirs and Affigns ; // is hereby ^f 'he Oc^hartV' further Enacted, That imm.ediately at and upon the Sale of the ^forelaid Plantation, or Tract of Land, and Lot, or any Part of the fame, the faid .mna fliall ftand and be kized in her Demefne, as of Fee, ot, in^ and to one certain Plantation or Tract of Land, whereof the faid Johanna is and now ftands feized and poireffed of, in Perquimons Precinct, containing by Eftimation One Hundred and Seventy Acres, be the fame more or lefs, fituate, lying, and being, on Caftlcton'% or Laker's Creek, buttino- and bounding on the Lands of Inliana Lakers and Richard Skinner ; to have and to hold the fame Plantation or Tract of Land, to her the faid Anna, her Fleirs and Affigns, in Fee-Simple -, with Condition, that if the faid Johanna do pay the Monies ariilng by fuch Sale to the faid Anna, 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 Tradt of Land at the Fork of ^{een Anne\ Creek, and Lot aforefaid, by purchafing young Female Slaves for the Ufe of the faid Anna ; then the aforefaid Eftate of the laid Anna, of, in, and to the afore-men- tioned Plantation or Trad of Land in Perqidmons Precinft, to be invalid, and of no Force or Effeft. CHAP. LXV. An All confr.ning the Titles of fundry Perfons who have, or hereafter may, purchafe Lands of Col. Thomas Cary, in Bath County. I. TTTHEREAS Col. Thomas Cary taking up and purchafing divers Lands p,: y V ^"'^ I'lantations in Bath County, the Deeds or Patents pafied for the fame have been taken in the Name of John Cary, an Infant, Son of the faid Thomas, al- though the Purchale Money, or Confideration paid for the fame, was adtually and 22 L A JV S of N O R T H - C A R O L I N A. K/ J. D. 1715. bona fide the Monies of the faid Thomas^ and by him, the faid T'homas, paid : And ^^•^•""V"^ whereas the faid Tbo nas Gary having bargained, fold, ahene.i, and transferred unto divers Perfons, and their Heirs, feveral Trads or Parcels of Land, in Bath County alorefaid, and is intended to bargain, fell, and transfer the remaining Part of the aforefaid Lands in Bath County : Wherefore, for avoiding Difputes that may here- after arife concerning the aforefaid Title, taken in the alorefaid Join Coy's Nam.e, and for eafing and quieting the Minds of fuch Perfons as have purchafed the fame, or may hereafter purchale from the faid T'bcmas Gary, and purfuant to the Petition of the faid Thomas Gary ; Sai« of Lands H. B E it Enaltd by his Excellency the Palatine, and the Rcjl of the true and ahfo- deiiated good. , /^^/^ hord.s Proprietors of the Province of Carolina, by and with the Advice and Confent of the refl 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 Enacted, by the Authority of the fame. That all and Angular the Bargains, Sales, Alienations, and Conveyances, already made and pafled, or hereafter to be made and pafled, by the faid Thon.as Gary, unto any Perfon or Perfons whatfoever, their Heirs and Afligns, of, in, and to any of the Lands, Tenements, and Plantatkms, in Bath County^ which lately were, or now are, in the PolTei.i.on or Occupation of the faid T'hon.as Gary, and for which Deeds or Conveyances have been made and pafTcd, to end for the Ufe of the faid John Gary, an Infant, Son of the faid 'Thomas Gary, or in the Name of the faid John, ftiall ftand, be, and for ever remain, firm and available in Law and Equity, to fuch Purchafer or Purcha ers, their Heirs and Affigns, having, or hereafter to have, from the faid Ihomas Gary, any Bargains, Sales, Alienations, or Ccnveyan- ces for the 'ame -, any fuch Deeds of Sale, Conveyance, or Alienation formerly made in the faid John Gary's Name, or to or for his Ufe and Behoof, notwith- ftanding, CHAP. LXVI. 'Jn Act for the Confirmation of the Laws faffed this Sr£;on of Affemhly, and for repeal- ing all former Laws not herein particularly excepted. O B S. SIGNED by Charles Eden, Efq; Governor. iV. Ghevin^ IV. Reed, Chr. Gale, Tobias Knight, Francis Fcrfter, Lords Proprietors Deputies. Edward Mofeley, Speaker.- Aiino LAWS of N O R T H - C A R O L 1 N A. ANNO REGNI G E O R G I I I, REGIS, MAGN.^ BRITANNIiE, FRANCIS, & HIBERNI^, SEXTO. At a General Biennial ASSEMBLY, held at the Court-Houfe in charles EDEN, Efqj Choiuan Precind, the Second Day of Auguft^ One Thoufand Seven Hun- dred and Twenty, and continued, by feveral Adjournments, to the Twentieth Day of the fame Month. — *5; ■ CHAP. I. An Atl for leffening the 'Poll and Land Tax, and for preventing of Concealments. REPEALED. CHAP. 2. An additional Act, to the A^, intituled^ An A61 for eftablifhing RepeaiMbvAa, the Church, and appoining Seled Veftries. Jp';^ 4'^ '74'. 2. An Act, in Addition to the Acf, For making a Town at ^leen Repeai-a uy Aa, Annc\ Creek. ^^'^, ''''' 4. An additional A£l to an Act, intituled. An Afl concerning Ordi- RepeaiMbyAft, nary-keepers and Tippling-houfes. cha'p. %, ^^'^^' f;. An A5f, in Explanation of the A^, Concerning Servants and Repeai'dbyAdi, -^ (-,, ' -^ •' ' ° April 4, 174'. olaves. Chap. »4. C H A P. VL An A£l, to confirm a Decree made in the Court of Chancery of this Province, upon a Bill of Cojiplaint exhibited by William Duckcnficld, Efq; I. ^¥7HEREASata Court of Chancery, held the Eleventh Day of May, Private. Y Y ^"^ Thoufand Seven Hundred and Thirteen, upon the Complaint of Williani Diickcnfidd, Efq-, a Decree was pafled in thcfe Words, "viz. \ North-Carolina, iT. At a Court of Chancery held at the Houfe of Capt. Thomas Lee, in Chowan Pre- cind, on Monday May the nth, Anno Lordni lyi^- PRESENT^ 24 X«-^/^-^«S'c/'North-Carolina. ^. D^ 1720; PRESENT, The Honourable Thomas Pollock, Efq; President, tt}-!:- u j Lords Proprietors the Honourable^ ^'f'^^f^^^'^^ Ufqrs. 1 Chr. Gale, ^ t-. • . L Tobias Knight, J Deputies. ' Upon reading the Bill of Complaint of William Duckenfield, of the Precin(!T: of ^ Chowan, Eiq; this Day, therein letting forth, That he the laid V/illiam I uckcn- • field, about Sixteen Years lait paft, was, and yet is, law ully leized, in his De- ' meJne, as of Fee, of and in one large Tn.cl or Parcel of Land, in the Precindt ' aforelaid, containing by Eftimation Four Thou land Acres, bounding on Albe- ' marie Sound Eallward, and on Sahr.cn Creek Weflward, and being thereof fo ' feized, one John Arderne, Efq^ coming into this Government, and being fome- ' thing related to hirn the laid Ducke'rif^eld, by Intermarriage, and the faid 'jobn Ar- ' derne being in low Circumftances, and not in Foffeffion of any vifiblc Eilate, he ' the laid Duckenfieli, the better to give Credit and Reputation to him the faid Ar- ' derne, and to put him in Pofieflion of a vifible Eftate, thereby to advance hiniil^lf, ' upon ef^.ecial Truft and Confidence which he then repofed fecrctly in the laid ' Arderne, by his Deed, fufBcient in the Law, bearing Date the Thirty Firft Day ' oi July, Anno Domini 1702, did grant, bargain, and fell, unto the faid Ardtrne, ' the afore: aid TracSl or Parcel of Land, containing Four 1 houland Acres ; to have ' and to hold the fame unto him the laid Arderne, his Heirs and Affigns, for ever : ' Which laid Deed mentions, that the fame was for and in Confidcration of the ': Sum of Two Hundred Pounds, in Hand paid, when in Truth the faid Two '- Hundred i-'ounds was not paid, nor any Part or Parcel thereof, ncr intended to ' be paid, nor indeed could t!ie faid Arderne pretend to pay the fame ; but tJie faid ' Deed was paffed is$f no other Realon than what is above alledged : And further, ' that the faid Deed was not only meant and intended to be in TruH, to the Ufe of ' him the faid Duckenfield, Efq-, but, at the Time of making thereof, it was ro de- ' clared and exprefPed, as well by the faid Duckelfield, as by the faid /irderne, in Pre- ' fence and Hearing of divers Witnefles, and not to the Ufe of the faid Arderne, ' other than in Ca'e the faid Arderne ihould out-live him, &c And further, that '• the faid John Arderne did, as well at the figning the faid Deed as at divers Times = fince, declare to divers Perfons, that he did not pay the Two Hundred Pounds, ' and that the fame Deed was pafled to him for no other Ufe, Intent, or Truft = whatfoever, than that the fame Ihould abfolutely return to him the faid Ducken- '• field, in Cafe he fhould out-live the faid Arderne -, and alfo, that the faid Arderne, • willing to make known to the World the many and uncommon Favours which ■ he had received from him the faid Duckenfield, by his laft Will and Teftamicnr, • in Writing, bearing Date the 22d Day of Oclobcr, 1707, doth make ample • Mention of the fame, and that his Intention v/as, to give all his Eftate, both • real and perfonal, that he was poffelTed of, or fhould have Right to, to him, • which he confirms by divers AlTeverations in the faid Will mentioned, as by the • fame will and may appear : Notwithftanding which, divers Perfons, injurioufly de- ' figning to bring in Qiieftion his the faid Duckenfield's Title to the sforefaid Four Thouland Acres of Land, although he was never out cf PofltiTion thereof, do give out, that the Fee-Simple of the faid Land is not in him, but in the Htirs of the faid John Arderne, and the Truft repofed by him the faid V/illiam Duckenfield: And forafmuch as the faid Deed, in Writing, is abfolutely without any Ufe de- clared or expreffed therein, and without any Truft in the fam.e mentioned, and that the aforefaid Will of the faid John Arderne doth not make pxprefs Mention, that the fame Four Thoufand Acres, commonly known by the Name of Salmon Creek, were given, devifcd, and bequeathed, unto him the faid Tv.ckenftdd, and his Heirs, for lack and want of Knowledge in the Law of the laid John Arderne, how to ufe apt and exprefs Words for the granting and conveying th.e fam.e back again to him, purfuant to the Truft repofed in the faid John Arderne, although, the Intent and Meaning of the faid Arderne fo to do may be fufiicicntly proved ' and L A IV S of N o k T H - C A R o L I N A. 25 ' nnd obfcrved ; and the fkid yy and with the Advice and Con- fent of the Refi of the Alembers of the General AJfembly, now met at the General Court- houfe, at Qiieen Anne'j Creek^ in Chowan Precinit^ for the North Eaft Part of the faid Province^ and it is hereby Enacted by the Authori'.y of the Jame^ That the Decree, upon the Bill of Complaint of WiUiam Duckenfield^ Efq; recited, pafled, and inrol- led in tlie Court of Chancery, the Eleventh Day of May^ One Thoufand ^tvtn Hundred and Thirteen, and every Part and Parcel, Article and Claufe therein con- tained, fhall be and remain firm and available in Law and Equity, to all Intents and Purpofes whatever contained therein, without being liable to any Bill of Re- verfe, or other Procefs whatever, to reverfe and annul the fame. S I G N E D by Charles Eden, Efq-, Governor, Thomas Pollock, JV. Reed, Francis Forfier, JcJ.m Lovick, Lords Proprietors Deputies,' William Swam), Speaker. D ANNO 26 L A IV S o/'North-Carolina. ' M M « ti 1^ S M ^~5 ^>^ &^ ^^ ^^ ^^ ^^ ^^ ^^- ^^ ^-^ ^-^ ^^-^ ^-^ 5^^ 5^-^ 5^-^ ^^1^ ]fe^^ A N N O R E G N I ' G E O R G I I I, REGIS, MAGNiE BRITANNIA, FRANCIS, & HIBERNI^, OCTAVO. 'vviLLiAM -^^ ^ General Biennial ASSEMBLY, held at Eaenton, m Chowan REED, Efq; Piefident. Precindl, the 2d Day of Odlober^ One Thoufand Seven Hundred and Twenty-two, and continued, by feveral Adjournments, to the Nine- teenth Day of the fame Month, CHAP. I. froviacd for by ^.^ ^^ f^y a Road from Core- Point, on Pamplico, to Newbern, on Neufe Rh-er. the Road Aft, ■' paff'd Jinuary 1764., Chap. 3. Preamble. CHAP. 2. An Af, for making the Sum of 'Twelve Thoufand Pounds, Public Bills of Credit, for exchanging fuch of the PubHc Bills of Cre- dit as are now current, thereby to render ther.i the more ufcful to the Goverment -, and for regulating the Taxes. O B S. CHAP. III. An additional A51 to an A^y intituled. An Ad, appointing Toll-Bcoks. I, T "^ 7 H E R E A S an A6t, intituled, An A5i for appointing Toll-Books to be W kept in this Government, has been paficd ; and the faid A6t has been ren- dered ulelefs by Reafon of the Places appointed by it for Toll-Books to be kept being inconvenient, and the Fees allowed to fuch Perfons as are appointed to ktep them, fo fmall, that no Perfon will take the Trouble of the faid Office on himfelf : Wherefore it is prayed, that an A6t may be made for the Continuance of the faid Aft, and that there be fixed Places appointed for the Toll-keepers in the feveral Precincts, and that the faid Toll-keepers Fees be raifed. II. 5 E it therefore Ena!^ed, by his Excellency the Palatine, atid the reft of the true and ahfolute Lords Proprietors cf Carolina, by and with the Advice and Confent of this pre'ent General Affembly, now met at Edenton, on Queen Anne'j Creek, in Chowan Precintl, for the North Eaft Part of the faid Province, and it is hereby Enabled, by the Authority of the fame ^ That the Toil-Office for the Precinct ol Cho- ivan^ LAWS of Nokth-Carolina. 27 wan, be kept at the Kead of Catherine's Creek, near Mr. Thomas Speight's^ ^.t the ^- ^- 1722. Toll. Offices where cu bokcpc. Head of Perquimons, and at Mayock Creek, in Currituck Precinct : For Bertie Pre- cinct, at Boon's Ferry, and fuch other Places as the Precinct Court lliall appoint : And that every Toll-keeper fhall be allowed the Sum of Four-pence for each Hog, and Six-pence a Head for all Cattle, carried or tranfported out of this Govern- ment, by all Perfons carrying or tranfporting the fame, under the like Penalty as In the faid Act is mentioned ; and the faid Toll-keepers are to obferve all Articles and Claufes in the faid Act mentioned •, under the like Pains, Fines, and Penalties therein exprefled. T'lll-Keepets Fees. CHAP. IV. y/« A5f, for enlarnn^-f and Encouragement of the Town called Edenton, //; Chowan Reptai'J by Aft, D, • c7 An*. 21, 174.0, PreanSl. uup. 1. CHAP. V. appointing that Part of Albemarle County, lying on the Weft Side t/chowan River, to be a Precinct, by the Name of Bertie Precin5i. An A- II E it EnaSied, by his Excellency the Palatine, and the refl of the true and ab- folute 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 Edenton, at Queen Anne'j Creek, in Chowan PrecinSl, for the North Eaft Part of the faid Province, and it is hereby Enacted, by the Authority of the fame. That that Part of Albemarle County lying on the PFcJl Side ol' Chowan River, being Part of Chowan Precinct, bounded to the Northward by the Line dividing this Government from Virginia, and to the Soutfpward by Albemarle Sound, and Morattuck 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 erected into a Precinct, by the Name of Bertie Precinct, in Albemarle County ; with all and every the Rights and Privileges, and other Bene- fits and Advantages whatlbever, as any other of the Four Precincts in Albemarle County can or may have, ufe, or enjoy. This Aft repeal. e3te?, how 10 Confent of the Refl of the Members of the General Affemhly^ now met at Edcnton, for ''^ *"'''• the North Eaft Part of the f aid Province, and it is hereby Enacted by the Authority of '"- the fame, Th?.t from and after the Ratification of this Aft, all and every Execu- tor or Executrix, Adminiftrator or Adminiftratrix, fliall, fome Time before, or at the next Precinft Court after his, her, or their entering on the Adminiftration of any deceafed Ferfon's Eftate, draw, or caufe to be drawn, a juft, true, and perfe6l 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 Ufe of Orphans not of Ao-e till they arrive to full Age, or fuch as are by fpecial Legacies particu- larly bequeathed ;) which Inventories fhall be exhibited at the refpedtive Courts of the Precinft in which the faid Goods are, and attefted, on Oath, by the Pcrfcns exhibitino- the fame ; and a Copy of which Inventory fo exhibited and attefted, the Executor or Adminiftrator ftiall caufe to be affixed at the Court-houfe Door of the Precinft, during the Court's fitting, giving Notice, that on the Day of ■ (which Ihall be fome Days before the next fucceeding Court) the faid Goods will be expofed to public Sale, to the higheft Bidder, at the Place where the faid Goods are relerved and kept \ and the Executors or Adminiftrators fliall, on Oath, render a true Account of fuch Sale to the next Court Immediately fucceeding luch Sales, and fliall accordingly be accountable for the fame to fuch Perfons as in the afore- mentioned former Law is provided. All the Eftate cf HI. A N D in Cafc tlie Eftate of any Pcrfon deceafed ffiall be fo far indebted deceafed Perfons ^s that thc Dcbts cannot be dil'charged by the Sale of what are deemed perifliable iu'r'd?''';o'p!y Commodities -, Be it further EnaHed, That then and in fuch Cafe, the Executor or theh D-bts. Adminiftrator Ihall, and they are hereby impowered and required, to expofe to Sale, in like Manner as aforefaid, by the Diredions of the Precinct Court, fuch Part of, and fo many of the unperifliable Goods, direfted by the before-mentioned Aft to be kept and referved in Kind, as will pay and fatiify all fuch Debts and Demands. t-pcies, &c. IV. AND whereas fome Doubts have arifcn concerning the Manner of Reco- h.wto bereco. ^^^^ of Legacics, filial Portions, and other Parts of deceafed Perfons Eftate s-. Be it further Enatfed, That it fliall and may be lawful to recover the fame by Petition, according to the refpeftive Sums fued for, in the General or Precinft Courts of this Province, as well as in any Exclefiaftical or other Court whatfoever. vcrcd C H A P. XI. s-e Aa Nov.m. An A51 to refrain the keeling too great a Number of Horfes ajid Mares, end for amend- 176?, chap. 9. ' -^^ fjy^ Breed. E it Enacted, by his Excellency the Palatine, and the reft of the true and ^^ abfolnte Lords Proprietors of the Province of Carolina, by and zvith the Ad- vicTand Confent of the reft of the General Afjembly, now met at Edenton, for the North No Perfon, not Eaft Purt of thc faid Province, and it is hereby Enacted, hy the Authority of tht fa.me, or'o A^r &'c'! That no Perfon, being an Inhabitant of this Government, and not having a Free- to keep a siaiuon hold of Fifty Acres of Land, or pofiefl^ed of, or occupying Lands or Tenements, t"an'"/'GcMing H^all IvCcp, as Owncr, a Stone Horfe or Horfes, or unfpayed Mare or Mares, or or fpayed Mare, atiy morc than one Gelding, or fpayed Mare to run at large. running at large. II, AND be it further Enacted, hy the Authority aforefaid. That if any Perfon, Perf.ns keeping HOt qualified as aforcfaiJ, fliall keep any Plor e or Mare running at large, except iuUions, &c." one Gelding, and one fpayed Mare, as aforefaid, it fliall and miy be lav.ful for sny LAWS oj N O K T JI - C A R O L I N A. .O any Perfon to take up the fame, who is htrreby obliged and directed to give Notice thereof, in Writing, to the Owner, within I'hree Da.ys af tei* iuch taking up ; which Owner fhall have Liberty to appear at the next I'ucceeding Court of the County wherein he dwelleth, and if he can prove, to the Satisfaction of the faid Court, that he is qualified according to Lhe Meaning of this Adl, to keep fuch Horie or Mare fj taken up, he Ihall have the f:i.ne restored ; but if he fhafl fail in his Proof aforelaid, lie fliall pay to the Perfjn "taking up, Twenty Shillings for every Horfe or Mare fo taken up : And if the Owner of iuch Horle or Mare Ihall refufe to pay the aforelaid Su;ii ot Twenty Shiliings, that then it lliall and may be lawi'ul for the Taker up of Iuch Horfe or Mar.', to ieil the fame, at public Vendue, to the highell Bidder ; and one Half of the Money anfing by iuch Sale to take to himfelf, and the other Half he Ihall deliver to the -Owner of Iuch Horle or Mare. A. D. 1723. contr III A N D be it furthe:- Enacted^ by the Authority aforefaid. That where the In- formation of the taking up 01 iuch Piones or unipayeu Mares as aforelaid, fliall happen to be made to the Owner or Owners wichm kls than Ten Days before the Time of the litcing ot the Court of the Precinct where fuch Owner refides, in fuch Cale he fliall have L,ib:rrty to appear at the next fucceeding Court after iuch Court, '"^c^urt to prove himielt a r'reehokier, or pofTeffed of, or occupying Lands or Tenements. ir N. tice he ci- ven in Icfb than Ten Days fitf re (he C. uri, Ow- ner may appear at next fucceed- (a) IV. AND be it further Enacted^ by the Authority afcrefaid\ That no Perlon or Perfons vvhatfoever. Inhabitants ol this Government, Ihaii luiTer, or let go at large, any Stone Horle or Ston^ Hories of Two Years old, unlels fuch Horfe or Horfes fhall be, at leaft. Thirteen Hands in Height, upon Penalty of forfeiting fuch Horfe or Horfes, or the Sum of Three Pounds, to the Taker up of every fuch Stone Horfe ; provided the lame be found running at large, and not within the Coniine of any Fence, Water, Marfli or Swamp. V. AND be it further EnaHed^ by the Authority aforefaid. That the Taker up of fuch Stone Horfe iliall, wkliin Ten Days after the taking up thereof, carry the fame Horfe, and make Oath^ before fome Julfice of the Peace, of his taking up the fame ; which Proof being made, the Juitice fhall caufe fuch Stone Horfe to be meafured, and upon finding him not full I'hirteen Hands high at Two Years old as aforelaid, the Juftice fhall give a Cerficate, from under his Pland, certifying the fame ; and thereupon the Taker up of fuch Horle or Horfes fo doing fhall keep the fame, until the Owner fliall redeem fuch Horfe or Horfes, by paying the Sum of Three Pounds aforefaid to fuch Taker up. VI. PROVIDED neverthelefs, and it is hereby required^ That fuch Taker up fliall let up Advertifements, defcnbing the faid Horfe or Plorfes, with his or their Colour and Brand, at the Precinct Court-Houfe Door where fuch Owner fliall live or refide ; and if the Owner of fuch Horfe or Horfes ihall, within Ten Days after fuch Notice given, tender to the Taker up thereof, by paying the Sum of Three Pounds, or giving Security for the Payment thereof, that then, and in fuch Cafe, fuch Owner Ihall recover and redeem fuch Horfe or Horfes -, otherwife the Taker up thereof is hereby intitled to the Right and Property of iuch liorfe or Horfes : iiny Law, Ufage, or Cuftom to the contrary notv/ithflanding. VII. AND be it further Enacted, by the Authority nforefAd, That no Part, ClaU e or Thing, contained in this Ail, ihall take Place, or be in Force, till after the Firft Day of July next, after the R4Lificati-.n hereof. No Perfon to let Stallions Jefs than 13 H.indS high, go at large. Taker up of fuch Stallirns to carry the fame htfure 3 Juftice, within Ten Djys, and make Oath v* the fame. Tdker up to fet up Notes, de« fctibing fuch Horfr, and the Owner, within 10 Days, paying 3 1. to have him reftorcd j other- wife to lofe hirn. CcmmencPincnt of this A£^. CHAP. XII. Ai A5f for enlarging and Encouragement of the Town at the IJlcnd of Roanoke, now called Carteret. O B S. E 2 CHAP. (aj The 4th Ciaule of this Aft alteied, by Aft Nov. 1768, Chap. 9. Town of New. iii-rn cllablifhed. 36 L /^ ^/^ 5 0/ N O R T H - C A R O L I N A. J. D. 1723. CHAP. xm. ,' An Act for the better [ettlifig the 'Tcjon ij/ Nev/'oern, in the PrecinU c/ Craven. -^ Pricitc, I. "¥ "¥ 7 H E R E A S a certain Plot of Ground, being Part of a Tra6l of Land, V V ^yii^o '^^ '^'"'^^ Fork of Neufe River, iatc btlcn^ing to the Pion^airable Colonel Thomas Pollock, deceafed, but now the Property cl Mr. Ci.Ucn Pollock,' wai formerly laid out into a Townfliip, by the Name o^ Neivbern, v/ith proper Allot- ments tor a Church, Court-Houie, and Market-Place -, as by a Plot or Draught, upon Record in the Clerk's Office oi Craven Precinft Court, will mere plainly ap- pear: Therefore, for the Advancement of the laid Town, II. Be it EnaHed, by his Excellency the Palatine, and the Reft of the true and ah- fclute Lords Proprietors of the Province of Carolina, by and ivith the Adzice and Con- fen t of the reft of the Members of the General AfJenMy, now met at Eden ton, jcr the North Eaft Part of the faid Province, and it is hereby Enacted, by the Anther ty of the fame. That the laid Land, as it is already laid out by the fi^id braught, tcgtiiier with as much other Land lying contiguous and moft convenient to the kiid 1 own, to compleat a Townfhip, as lliall make the vA-\o\'^fi °f ^^^^ ^^'^^ ^'^^'^ abfohte Lords Proprietors of Carolina, ly and with the Alvice and Confent of the Members of this prefent General Affembly, novj met at Eden- ton, L A Py S of Nokth-Carolina. 41 ton, for the Nortli-Eaft Part of the faid Province, and by the Authority of the fame. That that Part of Albemarle County, lying on the South Side of Atbemarle Sound, a#d Moratiick River, being Part of the feverai Prccinds before mentioned, bounded to the Welt^vard by Tho/aas Hopins% upper Line, beginning at his upper Corner Tree, on Rain-bow Banks, on Moratuck River, and by a I.me running South from his outer Corner Tree, to the Southward by the Bounds of Albemarle County, to the Eallward by the Sound, between Roanoke liland, and Croatan, and to the North- ward by y^/Z-^/y/^r/t? Sound and Moratuck River, as high as the Rain-bow Banks, in Moratuck River, fhall be, and the fame is hereby declared to be ereded into a Precin6t, by the Name of Tyrrel Precindt, in Albemarle County, with all and every the Rights, Privileges, and other Benefits and Advantages whatfoever, which any other Precinct in Albemarle County can or may have, ufe, or enjoy. VII. B E it Enacted, That the whole Precinft now appointed by the Name of I'yrrel Precind, be, and is hereby erefted into one Parilh, by the Name of St. Andreivs ; and that the fame Veflry be continued in the faid Parifh of St. Andrew's which now is appointed to the faid South Parilh of Chowan, with all and every the Rights and Privileges, and other Benefits and Advantages whatfoever, which any other Parilh in Albemarle County can or may have, ufe, or enjoy. J. D. 1729, CHAP. V. An additional A5i to an A!f, for appointing Toll-Books, and for preventin<^ People from See Aft p-,rre4 driving liorfes. Cattle or Hogs, to other Perfons Lands. '715. ^^h-ip-44- Preamble. FroceediRGTS to li(S I aJ 'rn (liiirdincj Stock. i. TT 7 H E R E A S in and by the faid Ad, the Remedy appointed for reco- VV vering the Penalty of Twenty Pounds for the Inhabitants of any other Government's Cattle, Horfes or Hogs, ranging on Peoples Lands in this Govern- ment, is by Diftrels to be made by the Toll-keeper or Ranger, but no Method appointed for difpofmg fuch Diftrels, or Proceeding thereon : II. B E it therefore Enacted 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 General Affembly, now met at Edenton, for the North- Eaft Part of the faid Province, and it is hereby Enaded, by the Authority of the fame. That when fuch Diltrefs is made, or which may hereafter be made by the Owner of the Land, as well as the Oificers aforefaid, the Stock lb diftrained fliall be kept Four Days, iinlefs fooner redeemed or replevied by the Owner, who, on payino- the Penalty, and the reafonable Charges, fhall have them at any Time within Fou'r Days after Seifurc ; otherwife, after the Expiration of the laid Four Days, they fhall be appraifed by Three Indifferent Freeholders,, to be appointed and fworn by fome Magiftrate, and the Property fliall be immediately veiled in the Perfon or Perfons feifing the fame, he or they returning the faid Apprai-mcnt to the Clerk of the Prccind Court, with an exad Account of the Marks or Brands of fuch Horfes, Cattle or Flogs, which fhall be fet up at the Court-houfe the next Court ; and any Perfon proving the Right to fuch Catde, Horfes, or Hogs, at any of the Four next Courts in the faid Precincts, at'ter fuch Return of that Appraifment, having given the Diilrainer Notice, Ihall have an Order or Judgment of the laid Court for the Overplus, according to the Appraifment, the Penalty and Charges deduded. III. AND be it further EnaJfed, hy the Authority aforefaid. That the Penalty of f-naiiy i. Ten Pounds in the fai.l Ad for appointing Toll-Books, may be recovered by Dif- owi",' trefs in like Manner, provided that no Guardian or Executor Ihail be excluded by "'^ ' • '1 the faid Ad from bringing any Stock, under their Care, on their Land, ' ''"^''' (fr IV. AND be it further Enacted, by the Authority aforefaid. That the Stock of \'"^'l any Inhabi:.:nt of another Gcvcrnmcnt being I'ound on People's Lands in this Go- I' vcrnment. in 'h.s l'i> Vincc-. 42 LAWS of North-Carolina. J. D. 1729. deemed to be diiven thither, unlcfs other wife proved' No Peifon (hall drive, hunt, or kill, any Stock, D=er, or Gjid;, on others Linds, without Leave ; on Heiulty ot 5I. tine half to the Owner, and the I'ther to the \n- t'urmer. vernment, contrary to the faid Adl, fhall be deemed to be driven thither by the Owners, unlefs it can be proved they ftrayed by fome unavoidable Accident, and were purfued, and have not ranged above Four Days -, provided fuch Diftwrs be made Four Miles to the Southward of the Line betwixt this Government and Virginia. V. J NT) be it further EnaEled^ by the Authority afcrefaid. That no Perfon within this Government, fhall preiume to hunt, drive or kill, any Stock, Deer, or Game, on any Pcrfon's Land within this Government, except Neighbours whole Lands are very near adjacent, without Leave firft had and obtained from the Owner of the faid Land whereon he or they fhall be found ranging or hunting, contrary to this Adl, under the Penalty of Five Pounds for each and every Time he or they fhall be found ranging ; the one Half to the Owner of the Land, the other Half to the Informer : To be recovered by a Warrant from Two Juftices, whereof one to be of the ^orum \ which faid Juftices are hereby impowered finally to hear and determine the fame. No Ranger {lull take up any un- marked C.ittle, &c. without Leave fruin the Owner of the Lind ; but fuch Owner may con- vert th?m to his own Ul'e, unlefs the Property be proved in Three Months, No Slave to hunt on any Land but hisMaftcr'3, ex- cept in Company with a white Man ; n r travel from his Mailer's Land without keeping the main Koad ; on Pe- nalty of being whipped. If any diforderly I'erfon be found in Company with Slaves, and can- not give a good Account of him- felf, he fliall be whipped, Negroes travel- ing in the Night, or found in Kit- chens, to be whipped. Frovifs, VL AN I) be it further Enacted^ by the Authority aforefaid. That no Ranger or other Perfon, on any Pretence, fhall range or hunt, kill or take up, any unmarked Cattle, Horfes, or Hogs, on other Perfons Lands, without Leave of the Owner of fuch Land or Lands ; any Law, Ufige, or Cuftom, to the Contrary, notwith- fhanding : But that every Perfon fhail have free Liberty to take up and kill all fuch unmarked Cattle, Hogs, and Horfes, as he fliall find running on his own Land, and the fame to convert to his own Ui'e, unlefs the Property thereof be proved within Three Months, by any Perfon claiming the fame •, who paying for the taking up, Ihall have the faid Beafl, or its Value, as it is in the Law direfted for Rangers. VIL AND whereas great Damages are frequently done, by Slaves being per- mitted to hunt or range with Dogs or Guns : For Prevention whereof. Be it Ena^ed^ by the Authority aforefaid. That it fhall not be lawful for any Slave, on any Pretence whatfoever, to go, range or hunt, on any Perfon's Land other than his Mailer's, with Dog or Gun, or any Weapon, unlefs there be a white Man in his Company ; under the Penalty of Twenty Shillings, to be paid by his Mafter, for every Offence, unto the Owner of the Land whereon fuch Slave fhall range or hunt ; and that no Slave fhall travel from his Mailer's Land by himfelf to any other Place, unlefs he fhall keep the moft ufual and accufbomed Road : And if any Slave fhall offend con- trary hereto, it fhall be lawful for the Owner of the Land whereon any Slave fhall be found, to give him a fevere Whipping, not exceeding Forty Lafhes : And if any loofe, diforderly, or fufpedled Perfon, be found drinking, eating, or keeping Com- pany with Slaves in the Night Time, fuch Perfon (hall be apprehended and carried before a Juflice of the Peace ; and if he cannot give a good and fatisfaftory Ac- count of his Behaviour, fuch Perfon fhall be whipped, at the Difcretion of the Juf- tice, not exceeding Forty Lafhes. VIIL AND for the better fupprefling of Negroes travelling and aflbciating themfelves together in great Numbers, to the Terror and Damage of the white People ; Be it Ena£fed, by the Authority aforefaid. That if any Negro or Negroes fhall prefume to travel in the Night, or be found in the Quarters or Kitchens among other Perfons Negroes, fuch Negroes fo found fhall receive Corret5lion, not exceed- ing Forty Lafties, as afofefaid ; and fuch Negroes in whofe Company they fhall be found, fhall receive Correftion, not exceeding Twenty Lafhes, IX. PROVIDED always. That nothing in this Aft ftiall be conllrued to prevent any Perfon from fending his Slaves on his lawful Bufinefs with a Pafs, in Writing ; nor to hinder Neighbours Negroes intermarrying together, fo that Licence being firft had and obtained of their feveral Mafters, CHAP. LAWS of Nokth-Carolina 4-^ J. D. CHAP. VI. An A5f for the more effecit'.al and fpeedy putting in Execution the Act for fcttlin on Pen. of 5 I. II. Be it Ena^ed, by his Excellency the Palatine, and the Refl of the true and ah- folute Lords Proprietors of Carolina, by and with the Advice and Confent of the reft of the Members of the General Affe:nbh\ now met at Edenton, for the North Eaft Part of the faid Province, and it is hei-eby Enacted, by the Authority of the fame ^ That the feveral and refpe«5tive VedrieSj when fun:imoned to meet for that Purpofe by the Churchwardens, fliall, without any Order of Court, divide the Parifh into conve- nient Cantons, and appoint two able honeft Freeholders in each Canton, to procef- fion the Lands within the fame ; and that the Churchwardens in each Parifh (hall immediately after the Frft Day of March next, fummon the Veftry to meet for that Purpofe, under the Penalty of Five Pounds for each Churchwarden necrleftino- the fame ; and the Clerk of the Parifh fhall, after fuch Appointment by1:he Veftry, immediately give Notice to the faid Freeholders appointed in each Canton, and of their refpeciive Divifions, under the I'enalty of Five Pounds for every Canton fo neglected •, for which Notice the faid Veftry ftiall allow the faid Clerk Twenty Shil- lings out of the Parifti Monies •, and the Freeholders fo appointed, on Notice given them, ftiall forthwith (being firft fworn to ad: juftly and impartially, to the bcft of their Knowledge) proceftion Peoples Lands, as in and by the iaid Acl: is already provided, under the Penalty of Five Pounds each ; and the'^feveral Penalties by the faid Ad, and hereby provided, ftiall be recovered and received by the Churchwar- dens only, and to the Ufe of the Parifti : And any Churchwarden failing in their Duty by the faid Aft provided, or hereby required, ftiall be anfwerable for their Penalties in their Accompts with the Veftry •, and if they do not receive or profecute the Penalties forfeited by any others for not performing their Duties in the laid Aft, or hereby provided, fuch Churchwardens ftiall be anfwerable for the fame them- felves, in their Accompts with the Veftry, III. ANB be it further Enacted, by the Authority aforefaid. That where the ^here Bend. Bounds cannot be fully aicertained by fuch Freeholders appointed, they ftiall make "e not known. Return thereof accordingly, that in fuch Cafes the Surveyor may be ordered to run them ou't.'" '"" tlie Bounds, at the Charge of both Parties, in the fame Manner as is before in the faid Aft provided to be done, where one Party utterly refufes to have his Lands proceftioned. Clerk to fivi Notice to the Freeholders. Frfehold^rs to pii-ccITion, upon Oaih, on I'enalty of 5 I. Penalties fo fie received by the Churchwaidens, to the Ufe of the Parifli. CHAP. VII. An Act to confirm Bath Town Common. See Aa paffcd 1745, Chap, ij. TX/'-^-^^^-'^^ ^ Traft of Land, adjacent to Bath Town, was granted and Preamble. V V furveyed for a Common^ for the Ufe of the faid Town, and is bounded as followeth, viz. beginning at a marked Pine at the Eaft Branch of the Old Town Creek, running up Captain Barrow's Line to a Bound Oak, Weft Eight Degrees North, Tv/o Hundred Pole ; thence to a marked Pir.e at Bavid Perkins'% Corner, North Eight Degrees Eaft, One Hundred and Three Pole ; thence to a Hickory at the Branch, North Ten Degrees Eaft, One Hundred and Seventy Two Poles -, thence down the Windings of the Branch and Creek to the firft Station -, which faid Land contains One Hundred and Forty Five Acres, but the Title thereof hath never been fully confir.Tjcd : F 2 IL BE 44 LAWS of North-Carolina. 1729. II. B E it therefore Enacted hy his Excellency the Palatine, and the Reft of the true, and ahfolute Lords Proprietors of the Province of Carolina, hy and ivith the Advice and Confent of the Reft of the Members of this General Biennial Aftemhiy, now met at Eden- ton, for the North Eall Part of the faid Province^ and it is hereby Enacted, hy the Authority of the fame^ That the laid Land Ihall be, and is hereby appointed a Com- mon, to lie perpetually for the Uie and Benefit of the Inhabitants of Lath Town, under fuch Reftridlions and Regulations as is or Ihall be appointed for Town Com- mons i and that the Infpeftion and immediate Care of looking after the faid Com- mon, be in the Commiffioners of the faid Town for the Time being. RtpealeJ by A3, April 4, 1741, Chap 15. Repealed by A£t, April 4, 1741, Chap, 23. except that Part which eredls Ntw Han- over into a Pre- CHAP. VIII. An Act to repeal the Act, intituled. An Adl for Encouragement of tanning Leather in this Province. O B S. C H A P. 9. An additional Act to the Act, For the Trial of fmall and mean Caufes. 10, An Act for regulating Veftries in this Government, and for the letter infpecting the Veftrymen and Churchwardens Accomps of each and every Pariftj in this Government. SIGNED by Sir Richard Everard, Governor,' Chr. Gale, John Lovick, Edmond Gale, Ed. Mofelcy, Richard Sanderfon, Robert Weft, y. Pollock, John Paulin, J. Worley, Lords Proprietors Deputies.' Thomas Swann, Speaker. IP ANNO LAWS of North-Carolina. 45 \i \P %# %# \^ i,^' ^K^ k^§ k^ %^^ %|§ \§ %^ #% #% #% #% #% #% ^-^ #% #% #% #^^ #% #% ANNO REGNI G E O R G I I II, REGIS, MAGNiE BRITANNIiE, FRANCIJE, & HIBERNIiE, OCTAVO. J. D. i73|. At a General A S SEMBLY, held at Edenton, in Chowa?i Precind habriel * JOHNSTON, in the Year of our Lord One Thoufand Seven Hundred and Thirty ^''^ °°'"""'' Four, CHAP. I. An A£i for ftamping afiS. exchanging the prefent Bills of Currency of this Province, and for the better explaining an ASl of the General /^Jfembly, prjfed the Twenty Seventh Day of November, One Thoufand Seven Hundred and Twerity Nine, intituled. An Ad for making and emitting the Sum of Forty Thoufand Pounds, Public Bills of Credit of North Ca) olina. O B S. C H A P. 2. An AElfor repealing a Claufe in an Atl, intituled. An Aft relating to Repealed by Aft, Biennial and other AfTemblies, which impowers Freemen of ^''"' *' '^'^^^ of the feveral Precinfts to vote for Members of Affembly, ^^^'^' '' and declaring what Perfons fhall be qualified to vote for Members to fit in the General Afiembly, and alfo Qiiali- fication of Members for the future. 3. An Act for reviving an Act, intituled. An additional Aft to the Act Repeaicdi,v^ft, for the Trial of fmall and mean Caufes 4- An Act for laying a Duty on Liquors, for and towards defraying the con- tingentCharges of the Government ; and to make a Poll-Tax on poorer Inhabitants more eafy. E X P. 5. An Act to afcertain the Allowance of his Majeffs Council, and the Members cf Affcmbly of this Province. EXP. C. An additional Act to the Act, concerning Roads and Ferries. April 4, 1741, Chap. 15. This A€t prn. videil tor by th« Ruad Aa, psfT.d CHAP. ST'''* 46 L A JV S of North-Carolin A. D. 1734. CHAP 7. An Act for laying out, waking, altering, and keeping in Repair, f^Jt Roads and Highways within the feveral Precincts cf the County of Bath, and for building Bridges, end cleanfing and keeping clean the feveral Rivers and Creeks within the jame, REP. This Aa repeal- ed, but the Counties re-efta- blilhed, hy Aft faffed S.ptemher 1736, Chap. Q. Private. Onflow Precinft erefted. Bladen Preclna crefted. CHAP. VIII. An Act to confirm and efiaUifh the 'Precincts of Onflow and Bladen, and fcr appointing them diflinct ParifJoes. i. TTTHEREASbyan A61, intituled, /In A51 for regulating Vefiries in this VV Government, and for the better infpeEling Veflrymen and Churchwardens Ac- compts of each and every ParifJo in this Government, it is Enadled, That the Southern Part of this Province fliall be ereded into a Precind, by the Name of New-Ha- nover Precin6t, and bounded to the Northward by the Haulover, and Little Inlet, and to the Southward by the Southermofl Bounds of the Province ; and as the Precinft of New-Hanover is now become very populousj and the Extent thereof being found too incommodious to many of the Inhabitants thereof, particularly thofe of New-River, and the upper Part of the Northweft River : .II. WE therefore pray that it may be Enafted, And be it Enabled, by his Excel- lency Gabriel Johnfton, Eff, Governor, by and with the Advice and Confent of his Ma- jeflfs Council, and General Affembly of this Province, and it is hereby Enabled by the Authority of the fame. That a Precindl be eredled at New-River, by the Name of Onflow Preciridl ; and that the faid Precindt be bounded to tlie Northward by Whiteoak River, from the Mouth to the Head thereof; and to the Southward by a Creek that comes out of the Sound, and comes acrofs New-River Road, called the Bcfy-Swamp, or Beajley^s, Creek. III. AND be it further Enacted, by the Authority aforefaid. That the upper Part of the Northzvejl River be erefted into a Precinft, by the Name of Bladen Fre- eing ; and that the faid Precincl be bounded Southward, as follows, viz. Begin- ning at the Mouth of Levingflon's Creek, and bounded by the faid Creek to the Head thereof; and then by a Wejl Line, to the Bounds of the Government; and that the faid Precind 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 Wejlermofi Branch be the Bounds to the Head thereof. CHAP. 9. An Act for granting to his Majefly the Sum of Fourteen I'houfand One Hundred and Fifty Pounds, Ihree Shillings and "Twopence, for the Service of the Public of this Province, and for laying a fax on the Inhabitants of the fame for the Payment thereof; and fcr ftamping the Sum of Ten Thoufand Pounds, Bills of Credit, fa- the more immediate Dif charge of Part thereof. O B S. S I G N E D by Gabriel Johnston, Efq; Governor, William Smath, Prefident. William Downing, Speaker. ANNO L^/^^c/" North -Carolina. 47 A. D. 1738. ^^ ^^ ^^ ^^ ^^ ^:^ F"-^ ^:^I ^^ ^^ ^:^ :^^ _„ ^^ ^^ ig-^ ^-^ ^^ ;sr-^ kjH( ^^ ^-^ ~l--^ ^-^ ^^^ ^^^ ANNO R E G N I G E O R G I I II, REGIS, MAGN^ BRITANNIA, FRANCIS, & HIBERNI^, DUODECIMO. At a General ASSEMBLY, held at Neivbern, the Sixth Day of ^{^^^^l^^^ E'qj Governor, March, in the Year of our Lord One Thoufand Seven Hundred and Thirty Eight. CHAP. L An A^, for providing his Majefty a Rent-Roll^ for fecuring kis Majejly's Rents, for the Repeal^ by hi, Remijfion of Arrears of ^lit- Rents, and for quieting the Inhabitants in their Pojfef- ^'t^^'l,^''^" fions \ and for the better Settlement of his MajeJIfs Province of ^onh-QdiroYxnR. CHAP. 2. An A^, to prevent Concealment of Tithables, in the fever al Counties RfpcaiidbyAft, 'within this Province, for declaring "what Perfons f]:all be deemed Tith- ^^f' ^' *^'*^' ables, and for defraying the Jlanding and contingent Charges of Go- vernment, and appointing Public Trcafarers for this Province ; and for granting to his Majefty a Poll-Tax of Five Shillings per liead, to be levied on the Tithable Inhabitants of this Province. CHAP. III. An Acl, for appointing Sheriffs in the Room of Marfkals of this Province, for f.refcrib- T'-i' ao, m ing the Method of appointing them, and for liiniting the Time of their Continuance in tjon) repealed?" Office, and dire n ing their Duty therein, and for abolifJAng the Office of Provojt-Marfial of this Province; and for altering the Names of the Prccinbis into Counties. XXII \^^ ^^ it further Enacted, by the Authority afcrefaid. That from and ±\. after the Twenty Filth Day of March, in the Year of our Lord One Thoufand Seven Hundred and Thirty Nine, the Office of Provoft-Marfhal in this Province fhall be aboHfhed, and totally ceaje and determine, as if fuch Office had never been : And that from and after the Ratification of this Ad, the feveral Precinfts within this Province (hall be called Counties. CHAP. 4<^ L /J IV S of N O R T U - C A K O L I ''i A ^. D. 1733. CHAP. IV. A^'^'e^'^ri^', ^« ^'^■> M /(icilitatiny the T^avigation of the fei'cral Ports of this Province^ and for Chap. 10, Buoying and Beaconing the Channels leading fro j-i L) cacock In.et, /(? tucntcn, Baih Tomny and Newbern, and from Toplail Inlet to Bcauiort Tcun, anJ other For is and Inlets 'usithin the faid Province herein memioned; and for povidrng j.fjiaem Pi- lots for the jafe Conduct of Vejfels. Repealed Sy his CHAP. 5. An A"^, declaring what fall be deemed a fifficient C'dtivaticn cf Lands JVlajtrty's Otdcr 7 ; . / , c, ^ 1 , , 1 1 ■ j. ■ < in Council. at.reaay granted, or hereafter to te grant eu, by his Majcjy ; ana j or ajccrtaining the Alanner of granting lavfed LanJs. Repealed by Ai5>, 6. An ,151, fcT apyinting Circuit Courts, and for enlarging the Po'jcer of ?-^J: '^46. the County Co,rts. 7. An AEf, to appro! riate '^"^0 'T'houfandPo::nds, current Bill Money, to ereSi a fufficient Jail, and Ojfue or t lace for ihe Saje-kte^ in:^ tie Re- cords of I he General Court, and for retailing the Couit-hci-je at Edenton ; and J or ether Purpojes therein mentioned. O B S. Rfpesicdby.Aa, 8. An A£f, for the Encouragement and better Regulation of the Tozvn of Auguiui,i74o. Edenton. Chap. I. 9. An A ?, for deftroying Verr.in in tils Province. EXP. CHAP, X. An Act, to prevent killi-?g Deer, at unfea_ ''enable Ti-'.es. (b) Nn Deer to be !• X^ E it Enacted, by his Exce'kncy Gabriel Joh ifton, Efq; Governor, by and iiith F-;.. I,, .,nd the Advice and Confent of his Majcfiy s Council, and General AJfe-::.bIy of this j..i'y 1*5,' ■•n" Pe- Province, and it is hereby Enacted by the /iiiibouty of the Jame, That ii fnu.;l not be iuit). ot 5I. hv/iul to kill or dcftroy any Deer, running wild in the Weeds, or unicnceu Gtound, in this Government, by Gun, or any other Ways or Means whatJotvtr, between the Fifteenth Day o{ February, in each Year, and the Fifteenth Day of July fuc- ceeding, after the Ratification of this Act : And if any Perfon, not being a Servant or Slave, fliall kill any Deer contrary to this Ait, and be thereof lawfully ccnvitad, the faid Perfon for every Deer fo killed or deftroyed, fnall forfeit and pay the Sum of Five Pounds current Money. Servant nr Riive ^^- ^i ^ E> bc it furthcr Enactcd, by the Authority afcrcfcid. That if any Scvr.nt Jci.'iinp Deer Ly Qt Slavc, by Order or Command of his or her Matter, Millrefs, or Overleer, fnall Sj M,rt°" kill or deilroy any Deer, contrary to this A6t, the Mailer, Miftrefs, or Oveifcer, liable tu thePc. giving fuch Order or Command, and being thereof lawfully convicted, for cvi.ry "'''^' Deerllb killed or deftroyed, as aforeiaid, lliaJl forfeit and pay the aforefaid i'<. nalty of Five Pounds, as if the faid Mafter, Miftrefs, or Overleer, hi-.d aiftually committed the Oftcncc. serv,nt\r suve ^^^^ AND bc it further Enacted, by the Authority aforefaid. That if any Ser- Li; n^ Dr.r, to vant or Slave of his own Accord, v/ithout any Order or Command from his or her uniers^°h!;'l!"e Maftcr, Miftrefs, or Overleer, flirdl kill, deftroy, or buy any Deer, contrary to Security tur'ihe thisAcl, and be theteof conviiicd, by the Oath of one creditable W imefs, before a Juftice of the Peace of the County wherein the Offence is committed, for eveiy Deer lb killed or deftroyed as aforefaid, tlie faid Servant or Slave lliall have and re- ceive, on his or her bare Back, Thirty Laflies, well laid on, to be infliftrd by Order of the faid Juftice before whom the laid Convi6lion fliali be ; unlcfs fome fuf- ficient Perfon v/ill become bound to pay, for the faid Servant cr S\:x\i:, the Sum of F;vc (IJ See Ati Api-il, i;'45, Clian. ;, Nov. irc'i. Chap. 13, for-aineading this At LAWS of N O R T H - C A R O L I N A. 49 Five Pounds current Money, within Six Months, in Lieu of the faid Puniihment yl- D. 173S. aforefliid, to the Churchwardens of the Pariih where the OiTence is committed, for the Ufes direded by this Ad. IV. AND be ii further Enacted, by the Authority aforefaid. That one Moiety of the Forfeitures of this A6t Ihall be to the Churchwardens of the Parifh where fuch Offence is committed, for tlie Ufe of the Parifli, and the other Moiety to the Informer •, to be recovered, with Coils, by a Warrant from any Juilice of the Peace within this Government •, faving unto all free People, the Right of Appeal to the County Court where the Offence is committed : Which faid Court is finally to de- termine the fame; wherein no Effom, Protection, or Wagtr of Law, ihall be allowed or admitted of. Fines appropriat- Rifilit of Appeal ail>.\\ed. CHAP. XL An Act for appointing a To-ivn on the Plantation vohere William W^ebfter now divelleth, in Hyde County, on the Wefi Side o/Matchapungo River. I. E pray that it may be Enacted, And be it Enacted, by his Excellency Gabriel pa? Johnllon, Eff, Governor, by and -ivith the Advice and Ccnfent of his Alajcffs Council and General Affcmbly of this Provifice, and by the Authority of the fame. That all the Land from a Creek next to William DenmarlC^, running to another Creek next to Richard Lenimonfs, on a direct Line on the River Side, running from, the high Land on each Creek, One Hundred Yards back, on a direct Line, is hereby declared to be a Townfnip, by the Name of IVcodJlock, with all Privileges and Im.munities hereafter mentioned and expreffed, for ever •, and that the Property of the faid Plan- tation or Towniliip be, and it is hereby henceforward invelted in Sa:n::el Sinclair, Gentleman, Mr. PFU'iam Harris, and Mr. John S.nith, 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 B be it further Enacted, Th^tVix. John Smith he, and is hereby appointed Tr;afurer ap^ Treafurer and Receiver of all fuch Sum and Sums of Money, which fhall arife on pointed. 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 act, then the next fucceeding CommifTioner or Truftee Ihall ofBciate in his Stead and Place, and ■Ihall give Security to the Juftices of the Court, that he will be accountable for the Money he fliall receive by Virtue of this Act. III. AND be it further Enacted, That every Perfon whaffoever, who is v/illing Commiffioners to be an Inhabitant of the faid Town, fhall have Liberty to take up any Lot or Lots *° ^"•'" ^«»« fo laid out as aforeiiiid, and not before taken up ; v/hich Lot or Lots the faid Com- miiTiuners, or any Two of them, are hereby directed 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 faid Confideration Money Ihall be paid unto William W.ebfier, the Proprietor of the faid Land, his Heirs and Affigns. IV. PROVIDED always. That if any Perfon whatfoever fliall take up, and have conveyed to him, any Lot or Lots as aforefaid, and fliall not build, or caufe to be built thereon, within two Years after the Date of the faid Conveyance, a good, fubflrantial, habitable Houfe, not of lefs Dimenfions than Twenty Feet in length, and Fifteen Feet wide, befides Sheds or Leantoes, or make Preparation for fo doing, as the Court of the faid County, by View of any Two or more cf them, fliall judge reafonable to fecure the fame, every fuch Conveyance fhall be, and is hereby declared void and of none Effect, as if the fame had never been made ; and that the faid Lot or Lots fliall be free and clear for any other Perlbn to take up and purchafe, on the Conditions aforefaid. G Y. PRO' To be built oa wuhin 2 YearSj ^o L A f^V S of North-Carolina. ji. D. 1738. Monies appro- pri.ittd (« liuiJd- ing a Church. Commifli 'ppr? to remove Nu- fanccs. Murters, &c. to be in Town. V. PROVIDED alfo^ That all Monies arifing by the fecond or other Sale of the iaid Lots, fhall be, and is hereby appropriated and applied, for the building of a Church ; and what Ihall be more than wiJi build the laid Church, fhall be applied to iuch other Ules as the faid Commiffioners, or the major Part of them, fhall think fit, lor the Encouragement of the laid Town. VI. AND be it further Ena£ied, by the Authority afcrefaid^ That the Commifli- oncrs, or any Two of them, Ihall have Power and Authority, and they are hereby required and impowered, to remove all Nulances within the Limits of the laid Town ; and that no Perfon, Inhabitant of the laid Town, or holding Lots there, fhall inclofe the fame, or keep the fame inclofed, under a common Stake Fence, but every Lot therein fhall be paled in, or doncxwith Polls and Rails fet up. VII. AND for the further Encouragement of the faid Town, Be it EnaHed, by the Authority aforefaid. That all Mufters for the faid County, Eledtion of Bur- gefies, and all Bulinefs and Affairs of the like Nature, which belong to the faid County, fhall be taken, done, and tranfaded, within the faid Town, and at no other Place or Places whatfoever. 'Owners nf LntS to clear luem. CornmiflTiiiners io be kept up. Ground for '"huTfh, VIII. AND he it further Enabled, by the Authority aforefaid. That all Perfons, Pofleflbrs or Owners of Lots in the faid Town, fhall, and they are hereby obliged, within Two Years next after the Ratification oi this A(fl, to clear all fuch Lots by them held and poifelTed, from all Manner of Wood, Underwood, Brufh and Grubs, that are or may be offenfive to the faid Inhabitants, and fhall lb keep and maintain the fam.e, from Time to Time, and at all Times hereafter, under the Penalty of Ten Shillings 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 Commiflloners, for the Ufe of the faid Town. IX. AN D be it further Enacted^ by the Authority aforefaid. That in Cafe of the Death, or Departure out of the Government, of any of the faid Commiflloners, at any Time hereafter, the remaining CommilTioners, together with the Juftices of the County Court, are hereby authorized and impowered to make Choice of fome other Perfon or Perfons, to fucceed fuch CommilTioner or Commiflloners fo dying or de- parting as aforefaid ; which Perfon or Perfons fo elefted and chofen, fhall be, and they are hereby inverted with as much Power and Authority, to all Intents and Pur- poles what'oever, as the prefent Commiflloners herein appointed are invefled with, by Virtue of this A6V. X. AND be it further Enabled, by the Authority aforefaid^ That the Com- miflloners are hereby impowered to make Choice of one Acre of Ground in the faid Town, y/herever they fhall think fit and moft convenient, for a Church and Churclj Yard. \,-i> S I G N E D by Gabriel Johnston, Efqj Governor. William Smithy Prefident. William Downing^ Speaker* ANNO LAf^f^S of North-Carolina. 51 J. D. 1738. ^^ ^^ ^^ ^^ ^^, ^^ r-^» S:?! ^^ ^^^ ^^ ^^ M ^^' 3^^' ^:&' iS!"^' ^-ii k-^ kj»( l-'ite iS:>^ M '^^ ^"^' ^^ ANNO REGNI G E O R G I I II, REGIS, MAGNJE BRITANNIA, FRANCIS, & HIBERNI^, DUODECIMO. At a General ASSEMBLY, held at NewberUy the Eighth Day of cabriel JOHNSTON, March ^ in the Year of our Lord One Thoufand Seven Hundred and ''' Thirty Eight. CHAR L Jn ASf to fupply the Befe5l of an AEf^ fajjed laft Sejfwn of AjfemUy^ intituled^ An A6t for appointing Sheriffs in the Room of Marfhals of this Province, for prefcrib- ing the Method of appointing them, and for limitting the Time of their Conti- nuance in Office, and diredtiag their Duty therein, and for abolifhing the Office of Provoft-Marflial of this Province •, and for altering the Names of the Precindis into Counties. REP. SIGNED by Gabriel Johnston, Efq; Governor. William Smithy Prefident. William 'Downing^ Speaker, .1^0003.^0000.^ G 2 ANNO 52 LAWS of North -Carolina. J. D. 1739. %# %# %# %# %# %#;r-)»^%# %^ %^' %# i:# ^|# #f #% #% #f r% #%^-^#% f^ #% #% #% #% , AN NO R E G N I REGIS, MAGN^ BRITANNIA, FRANCIiE, & HIBERNI.^, DECIMO TERTIO. r.ABRIEL JOHv ION, tlgj Governor. At a General ASSEMBLY, held at Newhern, the 25th Day of Febfiiary^ in the Year of our Lord One Thouland Seven Hundred and Thirty Nine. This Aft repeal, ed, hut theTowii re-eftal. ifhd.by Aecemb. 1770, Chap, a8. Minifter or Juf- tice to marr/ p^rfons. No Judice to marry whjn a Minifterisin the Parilh, on Penal- ty of 5 1, No Minlftet or Juftice to marry without Licence, or I'ublicatii n of Binns, on Penal- ty of 50I. CHAP. L An A£i concerning Marriages. I. T^ O R preventing clandefline and unlawful Marriages, we pray that it may Jj be Enafted, And be it Enacied, by his Excellency Gabriel Johnfton, Efqiiire, Governor, by and uith the Advice and Confcnt of his Majejlfs Council, and the General AJfembly of this Province, and it is hereby Enabled by the Authority of the fame. That every Clergyman of the Church of England, or for Want of fuch, any lawful Ma- giftrate, within this Government, fnall, and they are hereby directed, to join toge- ther in the Holy Eftate of Matrimony, fuch Perfons who may lawfully enter into fuch a Relation, and have complied with the Directions herein after contained. II. ANT) be it further Enacted, hy the Authority afcrefaid. That no Juftice of the Peace of any County in this Government, fliall join together in Marriage any Perfons whofoever in any Parifh where a Minifter fhall refide and have a Cure, without Permifllon firft had and obtained from fuch Minifter •, under the Penalty of Five Pounds Proclamation Money, to the Ufe of the Minifter. III. AND be it further Enacted, by the Authority aforefaid. That no Minifter or Minifters, Juftice or juftices of the Peace, within any of the Pariflies of this Government, fliall celebrate the Rites of Matrimony between any Perfons, or join them together as Man and Wife, without Licence firft had and obtained for that Purpofe, according to the Directions ol this A6t, or Thrice Publication of the Banns, as prefcribed by the Rubrick in the Book of Common Prayer; And if any Minifter L A IV S of North-Carolina. S7 Minifler or Minifters, Juftlce or Juftices of the Peace, fliall, contrary to the true ^- D- 1741, intent and Meaning ot this Aft, celebrate the Rites of Matrimony between any ^^T^'^T^" — "f Perfons, or otherwife join them in Marriage, he or they fo offending, iliall forfeit oui"ortre gj- and pay the Sum ot Fifty Pounds Proclamation Money ; to be recovered and ap- ^TxT^^VJiL^ piled as herein after is diredled : And if any Minifler fhall go out oi this Govern- "f 'h's c.vtm- ment, and there, contrary to the true Intent and Meaning ot this Act, join together L\Z'J,''l71,,, in Matrimony any Peribn or Perfons belonging to this Government, without fuch p"''' «>^''i. to .». Licence, or Publication of Banns, as is herein prefcribed, every Minifter lo offend- ^uj!" '^""' ^'' ing, fnall incur the fame Penalties and Forfeitures, as if the fam.e had beed done in this Government, IV. PROVIDED ahmys, and he it further Enacted^ hy the Authority aforeCaid^ cic.k or R=,jcr That where any Parifh or Parifhes have not a Minifler, it fhall and may be lawful "^^rlf.ll gue for the Clerk or Reader which fhall be appointed by the Veflry of the faid Parifh ^""^"''=- to publifh die Banns between any Perfons defiring the fame, and if no Objecftion be ' mde, to grant a Certificate thereof; and fuch Certificate fhall be fufHcient for any Mmiflc^r or Juflice of the Peace, to folemnize the Ritts of Matrimony between the Parties fo pubiifhed. V. AN Die it further Enacted^ by the Authority afcrefaid^ That if any Minifler if the Clerk, or Reader, fliall grant a falfe Certificate, he or they fo offending, fhall be ^^("^ c»^fi"atc! liable to fuch Punifhment as in Cafe of Forgery at Common Law ; and all fuch caf"of'For"r . OScnces fhall be profecuted, tried, and determined, in the General Court of this ^ "'^"^' Province. , VI. A N D he it further Enacted, hy the Authority aforefaid. That all Licences This cuufe, fa for Marriages fhdll be ilTued by the Clerk of the Court ot that County where the Iffu.ng ^"".1! Feme fhall have her ufual Rcfidence, and by him only, and in fuch Manner and ^'-p'^^i'^'t.t'yAa,' under luch Rules and Dircftiohs, as are herein after provided; that is to fay. He S.'' '^^°' '^''' ftiall take Bond, to our Sovereign Lord the King, his Heirs and Succeffors, 'with good Sureties, in the Penalty of Fifty Pounds, Proclamation Money, under Con- dition, That there is no lawful Caufe to obflru6t the Marriage for which the Li- cence 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 fliall be perfonally given before the faid Clerk, or fianified under the Hand and Seal of the faid Parent or Guarditin, and attefled by two V/kneffes ; all which being done, the Clerk fhall write the Licence, and fhall cer- tify fpecially the faid Bond : And if the Perfons in the Licence, or either of them, be under the Age of Twenty One Years, he fhall alfo certify the Confent of the Parent or Guardian of fuch Perfon fo under Age, and the Manner thereof, to the iirft Juflice in CommifFion of the Peace for that County, or to fuch other Perfon as fliall be thereto commifTionated by the Governor or Commander in Chief for the Time being; which Premifes being performed, the Juflice of the Peace, or other Perfon commiiTionated as aforefaid, is hereby authorized, impowered, and required, to fign and dired: the fiid Licence ; and a Licence fo obtained and figned, and no other whatfoever, is declared to be a lawful Licence, according to the true Intent and Meaning of this Ad: And if any County Court Clerk fhall, in any Manner^ ifTue any Licence of Marriage, or, contrary to this Aft, make Certificate of any Licence of Marriage ; and if any Perfon whatfoever fliall fign or direft a Licence m any otiier Manner than h by this A61 permitted and allowed, all and every Perfon or Perfons fo offending, fhall forfeit and pay the Sum of Fifty Founds, Proclama- tion Money ; to be recovered and applied as herein after is directed . VII, AND he it further Enacfed, hy the Authority aforefaid. That if any Mini- Miniffcr crRea. fter or Reader fhall willingly publifh, or caufe or fuffer to be pubiifhed, the Banns ^Z.n^'tf^.^r^ of Matrimony between any Servants, or between a free Perfon and a Servant ; or betwe<„"s*r,vantl if any Minifler or Juflice of the Peace fhall wittingly celebrate the Rites of Matri- t^^^tX^ mony between any fuch, without a Certificate from the Matter or Miflrefs of every s '. H fuch 58 LAWS o/" N O R T H - C A R O L I N A. J. D. 1741 . luch Servant, that it is done by their confent; he fliall forfeit and pay Five Pounds, ^■^ — >/~~--'' Proclamation Money, to the Ufe of the Mafter or Owner of fuch Servant j to be Av'ith'.'ut LTa'-e, recovered by Adlion of Debt, Bill, Plaint or Information : Aiad every Servant fo vo fcrve I Tear, j^atricd, without the Confent of his or her Mailer or Miftrefs, Ihall, for his or her faid Offence, ferve his or her faid Mafter or Miftrefs, their Executors, Adminiftra- tors or AfTigns, one whole Year, after the Time of Service by Indenture or Cuftom is expired. Gierk to accftunt VIII. AND he it further EnuHed^ by the Authority oforefaid T\\2it xh^ Clcxk of nor Vo'r Ma/riage cach County, annually, at or before the Twenty Fifth Day of March, fhall fend or Licences. dcHver to the Governor or Commander in Chief for the Time being, an exaft Ac- count of the Marriage Licences ifiTued by him ; and each Clerk failing herein, ftiall forfeit and pay the Sum of Five Pounds, Proclamation Moneys to be levied and applied as herein after is direfted. IX. AND be it further Enabled, by the Authority aforefaidy That the Fees upon the faid Marriages, fliall be as followethj that is to fay, F«s. To the Governor or Commander in Chief for the Time being, for each Licence of Marriage, Twenty Shillings, Proclamation Money. To the Clerk of the County Court, for iffuing the fame, and taking the Bond, Five Shillings, of the like Money. Altered to 20 s. To tile Mlniftcr for marrying, if by Licence, Ten Shillings, if by Banns, Five by the Clergy Shiliino;s, of the like Money. Aft. ^ ' ■' To the Juftice of the Peace, for marrying, Five Shillings. To the Minifter or Reader, for publifliing the Banns, and granting Certificate, One Shilling and Six Pence, of the fame Money. Miniffer or juf. X. AND be it further Enabled, by the Authority aforefdid. That if any Minifter mauy'f" r"b«*fiii o^" Jufticc of thc Pcace of any County or Parifti where a Clergyman doth not refide, re s, to forfeit, f^^^U rcfufc to Celebrate the Rites of Matrimony, lor tlie Fees herein fet down and 3oU i^by Ba'nns, allowcd, or fliall demand or receive, for marrying, either by themfelves, or by any 5 1. other Perfon for them, any larger Fees than before mentioned to be allowed to the Minifter or Juftice of the Peace, he fliall forfeit and pay, for every fuch Offence, that is to fay^ if tlie Marriage was to have been by Licence, Ten Pounds, or if by Banns, Five Pounds, Proclamation Money ; One Moiety of all the Fines and For- feitures in this Aft before mentioned and not particularly appropriated, to be paid to the Churchwardens of the Parifli for the Time being, for the Ufe of the Parifli where the Offence fliall be comm.itted, the other Moiety to him or them that will in- form or fue for the famej to be recovered with Cofts, by A6tion of Debt, Bill, Plaint or Information. !IJr"rS.''rrgt"' XI- AND be it further Enacted, by the Authority aforefaid. That if the Minifter puM.di Banns f r or Reader of any Parifli within this Government, fliall refufe to publifli and certify |:,7"he^^r,'y '" the Banns, for the Fees herein fet down, and allowed him for the fame, he fliall, for grieved 10 1. evcry fuch Offence, forfeit and pay, to the party grieved. Ten Pounds, Prodamaii- on Money ; to be recovered as before mentioned. Minifter of the Paii(h to have XII. PROVIDED always. That the Minifter ferving the Cure of any Parifli, tiie Fes, if he fhall havc the Benefit of the Fee for Marriages m the faid Panlh, ir he do not S? anothel" Le ncgleft Or refufe to do the Service thereof, although any other Perfon performed the employed. Marriage Ceremcity. XIII. A N D for Prevention of that abominable Mixture and fpurious LTue, which hereafter may increafe in this Government, by white Men and Women inter- mar^- L A IV S of North-Carolina, 59 marrying with Indians, Negroes, Muftees, or Mulattoes -, Be it Enaifcd, hy the Authority afcrefaid. That if any white Man or Woman, being free, fliall intermarry with an Indian, Negro, Muftee, or Mulatto Man or Woman, or any Perfon of mixed Blood, to the third Generation, bond or free, he fltall, by Judgment of the County Court, forfeit and pay the Sum of Fifty Pounds Proclamation Money ; to the Ufe of the Parifh. XIV. A N D be it further Ena^ed, hy the Authority aforefaid. That no Minifter of the Church of England, or otlier Minifter, or Juftice of the Peace, or ether Perfon whatfoever within this Government, fhall hereafter prefume to marry a white Man with an Indian, Negroe, Muftee, or Mulattoe Woman, or any Perfon of mixed Blood, as aforefaid, knowing them to be fo, upon pain of forfeiting and paying, for every fuch OiTence, the Sum of Fifty Pounds, Proclamation Money ; to be applied as aforefaid. XV. AND be it further EnaEled, by the Authority aforefaid. That the feveral Fines and Forfeitures in this Aft, which exceed, the Sum of Twenty-fix Pounds Thirteen Shillings and Four Pence, Proclamation Money, fhall be heard, tried, and determined, in the General Court of this Province -, and all under the afore- faid Sum, fhall be heard, tried, and determined in the Court of the County where the Offence fliali be committed. A. D. i-.u. White Pftf.Ms intcrnnnyii i; with Nciioes, &c. to toifcic 50 1. Minifter or Juf- tice kiiowinjily inanying wliite Pcrfcns to Ne- groes, &c. to forfeit 50 !• All Fines exceed- ins: 26!. !■) s. Sr 4 d. to be tried in the Gcn^ial Curt All under 'it, Baker'j, iyi Chowan County, altered, for the Convenicncy of the chap. 3. Public, by the adjacent Inhabitants, to be the main and Public Road. CHAP. V. I. An Ail, to appoint Confiahles. TO the End that Conflables may be regularly appointed, throughout this Government ; II. W E pray that it may be Enafted, And be it Enabled, by his Excellency Ga- briel Johnfton, Efq; Governor, by and with the Advice and Confent of lis Majeflfs Council, and the General /)£embly of this Province, and it is hereby Enabled, by the Au- thority of the fame. That tlie Courts of the feveral Counties which now are, or here- H 2 after County Cnu rfs yearly to appoint Conftibles, 6o L A IV S of North-Carolina. A. D. 1741. Cnnftable's Odth, after fhall be, within this Government, fliall, at the Court to be holden for each refpeftive 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 neceflary, to be Conftables within the fame, for the then enfuing Year ; which Conftables fo appointed, fliall have the following Oath adminiftered to them ; that is to fay, YO U Jhall fwear, 'that you will well dnd truly ferve our Sever eign Lord the King, in the Office of a Conjlable ; you Jhall fee and caufe his Majefifs Peace to be well and duly preferred and kept, according to your Power ; you pall arrejl all fuch Perfons as, in your Sight, fJoall ride or go armed offenfively, cr fl:all commit or make any Riot, Affray, or other Breach of his Majefifs Peace ; you fhall do your befl Endeavour, upon Complaint to you made, to apprehend all Felons and Rioters, cr Perfons riotcufly affem- hled ; and if any fuch Offenders fJoall make Refifiance ivitb Force, you ffall make Hue and Cry, and fhall pur fue them, according to Law; you fJoall faithfully, and without Delay, execute and return all lawful Precepts to you directed; you fhall well and duly, accord- ing to your Knowledge, Power and Ability, do and execute all other 'Things belonging to the Office of a Conjlable, fo long as you fhall continue in this Off.ce. SO HELP YOU GOD. Conftable's Power. Conftable r.eg- le(£ling to qualify in ttn Days after Notice, to foif.it 5QS. 'Perfons exempt from ferving as Conftable. Juftice to adinU uifter the Oath. On Death or Ri- moval "f Confta- bles, Juftices to apponit other", until the next Court ; when they may con- tinue them, or afpuint others. III. A N D be it further Enacted, by the Authority aforefaid. 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 Purpofes, as the Conftables within the Kingdom of England are by Law invefted with and execute. IV. AN B be it further Enabled, by the Authority aforefaid. That if any Perfon or Perfons, nominated and appointed Conftable by the Court of any of the Counties within this Government, fhall negledt or refufe to qualify himfelf according to the Dire6tions of this Aft, within Ten Days after Notice of his Nomination and Ap- pointment as aforefaid, without he can fhew fufiicsent Caufe for his Negleft, to be admitted of by the Juflices, who fhall or may grant their Warrant to recover the Penalties in this A(5t mentioned, he fhall forfeit the Sum of Fifty Shillings, Pro- clamation 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 was 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 as fhall be appointed, according to the Directions of this Ad. V. PROVIDED always. That no Perfon in Commiffion of any Ofhce, Civil or Military, or Member of AfTembly, for the Time being, nor any one who has ferved in any fuch Station, or any other who has ferved as Conftable, within the Space of Five Years before, nor any Perfon who is exempt, by the Laws of England, fhall be obliged to ferve in the Office of Conftable ; any Law, Ufage or Cuftom to the contrary notwithftanding. VI. AND be it further Enabled, That any one Juftice of the Peace of the County fhall, and he is hereby impowered to adminifler to the feveral Conftables hereafter to be appointed in his County, the Oath direded by this A6t for their QuaUfication. VII. AND be it further Ena^ed, by the Authority aforefaid. That upon the Death or Removal of any Conftable out of the Diftrift for which he was appointed Conftable, it fhall and may be lawful for the Juftices of the County Court, in which fuch Diftri6t fliall be, or any one of them, to appoint and fwear another Pcrlbn to be Conftable, in the Room and Stead of the Conftable dead or removing out of his Diftrift as aforefaid, who fliall a£t until the next County Court ; the Juftices of which Court fhall then either continue the Perfon appointed as aforefaid, or nomi- nate and appoint a new one. VIII. AND Z/-^i^»Sc/ North-Carolina. 6r J. D. 1741. Cull. hie ivtuf. VIII. AND he ii further Ena^ed, by the Authority aforefaid. That if any Con- ftable to whom any Precept is direfted, by any Juftice of the Peace, fhall refufe ^, ,,„^|^ ,„,^, or negleft to ferve fuch Precept, he fhall, for every fuch Offence, on Complaint ingio fervei4- of the Party profecuting, be fined, at the Difcretion of the Court of which fuch l\^l^[ d fc'r^'i'on Jnftice is a Member -, to be paid to the Complainant. of the Cuuu. IX. A N D for the better executing atiy Precept or Mandate, in extraordinary For wart of a Cafes ; Be it Ena£fed^ by the Authority aforefaid. That it fhall and may be lawful, ce7t ma'y'be du to and for any Juftice of the Peace within this Government, to diredt any fuch Pre- ''^'^"J, '"'"y "' cept or Mandate, in the Abfence of, or for Want of a Conftable, to any Perfon, b^ingaVaily. not being a Party, who fhall be obliged to execute, or endeavour, in the beft Man- ner he can, to execute the fame -, under the like Penalty any Conftable fliall be li- able to by Virtue of this A61 ; to be recovered and applied as aforefaid. X. AND he it Enacted^ by the Authority afcrcfaid. That every Conftable within Conftable? er- this Province, appointed and qualified as herein before is directed, fliall be, and is pry-npVlxes& hereby exempted from all Provincial, County, and Parifh Taxes, for himfelf only, woricing on the and from working on the Roads, for and during the Year he fhall be Conftable ; ^^"'"*'" any Law, Ufage, or Cuftom to the contrary, notwithftanding. XI. AN D be it further Enacted^ by the Authority aforefaid. That all and every other Aft and Afts, and every Claufe and Article of the fame, heretofore made, ^'^" '"^ fo far as relates to the 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. VL An Act, to improve and amend the Navigation of New-River, in Onflow County. O B S. CHAP. 7. An Act, to confirm and erect that Part of the Province of North- This a« repcii- Carolina called Edgcomb County, into a County, by the Name g ^^jl^^/^the o/"Edgcomb County, and for eflablifhing the faid County a Parifh ; c>unty am pa- and for afcertainin? the Boundary Line between the Northweft '}!^r/^u^^If^ and Society Farifbes, in Bertie County. pancdseot.1756. Chap. 9. il.TT 7" E pray that it may be Ena6ted, And be it Enacted, by his Excellency Ga- Edgcmbefti- y V bricl Johnfton, £/^; Governor, by and with the Advice and Confent of his ^^'^^^' Majeftys Council, and General Affembly of this Province, and it is hereby Enacted, by the Authority of the fa?ne. That that Part of this Province now called Edgcomb Coun- ty, be, and is hereby eftablifhed a County, by the Name of Edgcomb County, the Bounds whereof fhall be as follow j Beginning on Roanoke River, at Jenkin Henrfs rts Boends, upper Corner Tree j from thence, a ftreight Courfe to the Mouth of Cheek's Mill Creek, on Tar River ; and from the South Side of the faid River, oppofite to the faid Creek, a ftreight Line into the Middle Grounds, between Tar and Neufe Ri- vers •, which fhall 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 fhall be the dividing Line between the Counties of Cra- ven and Edgcomb, and Beaufort : And the County Courts of Craven and Edgcomb, are hereby impowered, each of them, for their refpeftive Counties, to appoint two i;ro"^f "hHal^i CommifTioners to run out the Bounds or dividing Line between Craven and Edg- 2''"^^=« comb ; which Line fo run out as abovefaid, and marked, ftiall be the dividing Line between the faid Counties. CHAP. 62 LAWS of North-Carolina. J. D. 1741. CHAP. VIII. An Act, to prevent fiealmg of Cattle and Hogs, and altering and defacing Marks and Brands, and mifma'rking and mifhranding llorfcs. Cattle and Hcgs, unmarked and iinbranded. Preamble, Perfi'ns dealing O^trle, (2fc. cr altering Marks of Cutle, Gfc what Penalties liable to. Perfons fe;::ng the Climes coni» mitteJ, and not difcovering it in ]o 1) lys, to for- feu 5 1. Evidence fuffici tn:, if he told any Psrf.n he f3w the Crimes commuted, I, T'^THEREAS many wicked Men in this Province, being too lazy to get Y Y their Living by honeft Labour, make it their Bufineis to ride in the "Woods and ileal Cattle and Hogs, and alter and deface the Marks and Brands of others, and mifmark and mifbrand Horfes, Cattle and Hogs, not marked or brand- ed : And whereas the Laws in Force in this Province are, by Experience, found not to be fufficient to remedy thofe Evils : II. We pray that it may be Enabled, And be it Enacted, by his Excellency Ga- briel Johnfton, Efq; Governor, by and with the /Advice and Confent of his Majeffs Council, and the General AJfenibly of this Province, and it is hereby Enacted, by the Authority of the fame. That if any free Perfon or Perfons fhall Ileal any Neat Cat- tle or Hog, or fhall alter or deface the Mark or Brand of any other Perfon or Per- fons Hotfe, Neat Cattle or Hog, fuch Perfon or Perfons, being thereof lawfully convifted, fliall, for every Neat Cattle or Hog he or they fliall ileal t or for every Florfe, Mare, Colt, Neat Cattle or Hog, whofe Mark or Brand he or they fiiall alter or deface, over and above the Value of fuch Neat Cattle or Hog fo ilole ; 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 Afticn of Debt, in any Court of Record v/ithin this Province ; wherein no EIToin, Injunction, Protedion, or Wager of Law, Ihall be allowed or admitted of, by the Owner of fuch Florfe, Mare, Colt, Neat Cattle or Hog, that fhall be fo fbolen, or the Mark or Marks, Brand or Brands, fo alter- ed or defaced ; provided he profecute for the fame within Six Months after Dif- eovery of the Fad committed •, and after that Time, any Perfon may, as well as the Ov.'ner, fue for, and recover the fame ; provided fuch Profecution is com- menced v/ithin One Year after Difcovery of the Fad committed ; and the Offen- der fliall, over and above the faid Fine, receive Forty Laflies, on his bare Back, vv^ell laid on ; and for the fecond Offence, fhall pay the Fine above mentioned, and Hand in the Pillory Two Hours, and be branded in the left Fland, with a red hot Iron, with the Letter T. And if any Perfon or Perfons fhall mifmark or mifbrand, any unbranded or unmarked Horfe, Mare or Colt, Neat Cattle or Hog, not pro- perly his or their own, he or they fhall forfeit and pay the Sum of Ten Pounds, Proclamation Money, over and above the Value thereof, for every fuch Horie, Mare, Colt, Neat Cattle or Hog, fo mifmarked or mifbranded ; to be recovered as ■ aforelaid, III. A ND to prevent the concealing fuch Offences -, Be it Enacted, by the Au- thority aforefaid. That if any Perfon or Perfons fhall fee any other Perfon or Per- fons committing any of the Crimes aforefaid, and fliall not difcover the fame, in Ten Days, to fome Magiflrate ; then, and in fuch Cafe, fuch Perfon or Perfons, for not difcovering the faid Crime, fliall forfeit the Sum of Five Pounds, Procla- m.ation Money, for every Time he fhall lee the faid Crime or Crimes, or any oi them committed ; to be recovered by any Perfon or Perfons who will fue for the fame, by A6tion of Debt, in any Court of Record in this Province ; wherein no Effoin, Protedion, Injundion, or Wager of Law, fliall be allowed or admitted of. IV. AND becaufe it is diiBcult to convid any Perfon who has feen fuch Crimes committed, if he will deny the iame -, Be it further Enacted, by the Authority afore- faid. That it fliall be fufhcient Evidence to convid: any Perfon who has feen any of the aforefaid Crimes committed, if it be proved that he has told any other Per- fon that he did fee the faid Crimes, or any of them, committed. V. AND LAWS of Nokth-Caroli 63 V. AND whereas, by common Cuftom in this Province of killing of Cattle ■^- D. ijj^i, and Hogs in the Woods, great Opportunities are given to ftcal the Cattle and j,^ Hoo-s of other People \ Be it therefore Enacted, by the Authority aforefaid. That if C; any Perfon hereafter fhall kill any one or more neat Cattle or Hogs in the Woods, ''^, he'lhall, within two Days, Ihew the Head and Ears of fuch Hog or Hogs,, and the n Hide with the Ears on of fuch neat Beafl: or Cattle, to the next Magiftrate, or to two *^ fubllantial Freeholders, under Penalty of Five Pounds Proclamation Money ; to be m recovered by any Pcrlbn who will fue for the fame, by A6lion of Debt, Bill, Plaint, or Information, in any Court of Record in this Province •, wherein no Effoin, Pro- tedion, Injunction, or Wager in Law, fhall be allowed. Itle ot H( ts the Woods, (i> w E.irs and lie, in 2 Dajs, a Mag OraU, 2F.t1-hol.Jfrs, I'cnaltj of 5 1. VI. AND he it further Enacted, by the Authority aforefaid. That every Pcrfbn in this Province, who hath any Horfes, Cattle, or Hogs, fhall have an Ear Mark and Brand, different from the Ear Mark and Brand of ail other Perfons ; which Ear Mark and Brand he fhall record with the Clerk of the County where his Hor- fes, Cattle, or Hogs are, if not already recorded ; and that he fliall brand all Hor- fes with the faid Brand, from Eighteen Months old and upwards, and 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 upwards, with the fiiid Ear Mark and 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. Perfons )ia»ing Cattle, £ff. ti> have a Mdrk and Brand, iccordtd. Cattle, Horfe';, and H'l^s, when t.i be n.arkcd ar.il biacded. VII. AND he it furth-r Enacted, by the Authority aforefaid. That when any Perfons petimg Perfon fliall buy any neat Cattle from another, or come to the lame by Gift, Will, ^1%^ bLYt'Le or any other lawful Means, that then, and in fuch Cafe, the Perfon who has gained f^n^^ with his the fame by any of the Ways aforefaid, fhall, within Eight Months, brand the ^^*'^" aforefaid neat Cattle with his own proper Brand, in the Prefcnce of Two creditable WitnefTes, a Certificate of which fliall be figned by the faid WitnefTes. VIII. AN Dhe it further Enacted, by the Authority aforefaid. That this Acfl fhall This ao \o be be publickly read, by the Clerk of every County Court in this Province, at lealt [^'f^e 'l^i^!^' Twice every Year, vix. at the Firft Court after Eafier, and the Firfl Court after Auguft, in the Morning, on the fecond Day of the Court, in open Court, under Penalty of Twenty Shillings Proclamation Money ; to be recovered by any Perfon, by a Warrant under the Hands and Seals of any Two Juflices of the Peace of the County, to the Ufe of the Informer. IX. AND he it further Ena^ed, by the Authority aforefaid. That if any flrange strange otde Cattle (hall go into the Cowpen of any Perfon in this Province, the Owner of that cX^pen° owner Cowpen, if he refides there, or the Overfeer or Manager, where the Owner does '<> 6'*^ ^';^-^^ not refide, fhall be obliged to give public Notice thereof, by afBxing a Note of the \"izu °" Flelh-Marks, and Ear-Mark, and Brand of all fuch fbrange Cattle as fhall be at his Pen, at the Church Doors of the Parifli where the faid Cowpen is, or where there is no Church, at the Court-Houfe Door, in one Month after fuch Cattle fhall come to his Pen, under the Penalty of Twelve Shillings, Proclamation Money, for every Beafl that he fhall neglect to give fuch Notice of; to be recovered in the fame Manner, and to the fame Ufes, as the Fine lafb mentioned. X. AND he it further EnaBed, by the Authority aforefaid. That if any Negroe, Indian, or Mulatto Slave, fhall kill any Horfe, Cattle, or Hog, belonging to any Perfon whatfoever, without the Confent of the Owner or Owners thereof, or fhall fteal, mifbrand, or mifmark, any Horfe, Cattle, or Hog, fuch Slave or Slaves fhall, for the FiiTc Offence, fuffcr both hio Ears to be cut off, and be publickly whip- ped, at the Difcretion of the Juflices and Freeholders before whom he or fhe Ihall be tried ; and for the Second Offence, fhall fufTer Death : And the Trial and Con- viftion of the faid Slave or Slaves, fhall be in fuch Manner as is prefcribed by an A<^ of Alfembly, intituled. An AB concerning Servants and Slaves. XI. AND S'aves fte^Iing oi milfnarking any I'tT.iUus hable to. 64 LAWS of North-Carolina. A. D. 1741. RcpealinjCla'jf;, XI. A N D be it further Ena^ed^ hy the Authority af ore/aid. That all and every other Aft and Afts, and every Claufe and Article thereof, heretolcre made, fo far as relates to the preventing the Healing of Horfes, Cattle, and Hogs, and altering and defacing the Marks and Brands, and mifmarking and mifbranGing the fame, or to any other Matter or Thing whatfoever, within the Purview ot this A61, is and are hereby repealed and made void, to all Intents and Purpofes, as if the fame had never been made. Pfcimble, BcunJaries be- tween Eiiaqnm'', "tyrell, & B.iu- fort. ietwfen Tyrell and Beaufort. County Coarfs to lay a Tax, to defray thecharge of tunning the Boundaries, CHAP. IX, An ASl for afcertaining the Bo".ndary Line between Tyrell and Beaufort Counties, and between Edgcomb County, and Tyrell and Peauiort Counties, (a) I. TT7HEREAS Difputes daily arife, between the Inhabitants of Tyrelli y Y Beaufort, and Edgcomb Counties, by Reafon the Boundary Line between Tyrell and Beaufort Counties, and between 'Tyrell and Edgcomb Counties, are not fufficiently afcertained and known •, by Means of which Uncertainty, the Inhabi- tants within the difputed Bounds refufe to pay their Public and Parifh Levies to any of the Colledlors of the laid Levies of either of the laid Counties : For Remedy whereof, II. WE pray that it may be Enafted, And be it Enabled, by his Excellency Ga- briel Joh niton, Efq\ Governor, by and with the Adzice and Ccnjent of his Majejifs Council, and the General .ifjembly of this Province, and it is hereby Enad. ed, by the Au" thority of the fame. That each of the County Courts ot Tyrell, Eugcomb, and Beaii^' fort, fhall appoint one Perfon, who fhall fettle and run the Boundary Line beiwctn Tyrell and Edgcomb Counties, and between Part of Edgcomb and Eeaifort Counties, in Manner following, that is to fay ; The faJd Commiflioners fliaii begin at the upper Corner Tree oijenkin Henry's Line, on the South Side of Rcancke RiVcr, and irom thence run a direft Line to the Mouth of Cheek's Mill Creek, on lar River ; and the faid Commiflioners, as foon as the faid Line is finifhed, Ihall^ under their Hands, return the Courfes thereof into each of the Courts of the aforefaid Counties, ^vhich fliall be recorded by the Clerks of the faid feveral 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 Beaujort Counties, frooi Tyrell County as far as Tar River. III. AND be it further EnaHed, by the Authority aforefaid. That Ae Flat Swamp, which heretofore was the Boundary of Albemarle and Bath Counties, fliall, to the Head of the faid Swamp, and from the Head thereof, by a diredl: Line to the aforefaid Line between Tyrell and Edgcomb Counties, for ever, be the Boundary Line between Tyrell and Beaufort Counties. IV. A N D for defraying the Charge of running the faid Line, Be it fiirthcr Enabled, by the Authority aforefaid. That each of the County Courts of Beaufort^ Tyrell, and Edgcomb, be, and are hereby impowered, to lay a Poll-Tax, not exceeds ing the Sum of Four Pence Proclamation Money, fer Tithable, upon the Inhabi- tants of their refpeftive Counties, and Ihall caufe the fame to be levied in the fame Manner the Public Taxes are levied ; and Ihall, out of the Money arifing by the faid Tax, pay and fatisfy their refpedive Commiflioners, for their Trouble and Charges expended in running the aforefaid Boundary Lines : And after paying and fatisfying the Commiflioners 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 colleded. CHAP, (a) See Ait, April 1748, Chap. 5, {i)t continuing running the Lines of thcfe Counties, LAWS o/' North-Carolina. 6$ CHAP. X. ^. D. I74I. An A51, to enlarge the Time for enrolling of Lands in the Auditor'' s Office^ and proving the quiet Poffejfun of Lands for Twenty Tears f.aft, and upwards. O B S. CHAP. XL An A£t, for retraining the taking of excejfive Ufury. FORASMUCH as the fettling of Intereft at a reafonable Rate, will greatly tend Prcamtic. to the Advancement of Trade, and Improvement of Lands, by good Hulban- dry, with many other confiderable Advantages to this Province : And whereas di- vers Perfons of late, have taken great and excefllve Sums tor the Loan of Money, Goods and Merchandizes -, to the great Dilcouragement of Induitry, in the Huf- bandry, Trade and Commerce of this Province : II. Wi pray that it may be Enaded, And he it Enacted^ by his Excellency Ga- ^? '''''"''" *". -\ T- r /^ 111 J ■ J /^ ~ c ■ '^'''' ""^'f^ tban briel Johniton, A/^-, Goveryior, by and with the t.dvice and Lcnjent of kts Alajejifs fix per Ccnt. fut Council^ and the General AffenMy of this Province, and it is hereby Enacted, by the Au- ^"^"'''• thority of the fane. That no Pcribn or Perfons whatfoever, from and aiter the Firft Day of May, which fhall be in the Year of our Lord One Thouland Seven Hun- dred and Forty-one, upon any Contrail, to be made atter the laid Firft Day oi May, fnall, direftly or indireftly, take for Loan of any Monies, Wares, Merchandizes, or Commodities v/hatfoever, above the Value of Six t^ounds, by Way of Difcount or Intereft, for the F'orbearance of One Hundred Poun s, for One Year, and fo after that Rate, for a greater or lefler Sum, or for a longer or fhorter Time : And that all Bonds, Contrails, and AfTurances whatfoever, made after tive Time aforeft.id, for the Payment of any Principal or Money to be lent, or covenanted to be per- formed, upon or for any Ufury, whereupon or whereby there fhall be referved or taken above the Rate of Six Pounds in the Hundred, as aforefaid, lliall be utterly void : And that all and every Perfon or Perfons whatfoever, which, after the Time P^f*"^"' ♦ai pro- rity aforefaid. That the Juftices of each and every County within this Government wi-inhts^aR')^ fhall, within Two Years next after the Ratification of this Aft, at the Charge of M«fa-<-f, and a each County refpeftively^ provide fealed Weights, of Hr.lf Hundreds, Qiiartcrs of ^-^'P-' "'"■'■'• Hundreds, Half Qiiarters of Hundreds^, Seven Pounds, Fotir Pounds, Two Pounds, One Pound, and Half Pound ; and Meafures of Ell and Yard, of Brafs or Cop- per ; and Meafures of Half Bufhel, Peck and Gallon, of dry Meafure ; and a Gal- lon, Pottle, Quart and Pint, of Wine Meafure -, (for the Payment of which Charge, the faid Juftices are Iiercby impov/ered to levy a Tax on their refpeftive Counties) to be kept by fuch Perfon, and in fuch Place, as the Juftices of each refpeftive County fhall appoint, fuch Perfon firft giving fufficient Security to tlie faid Juftices, in the Sum of Fifty Pounds, Proclamation Money : A.nd tlie faid Juftices fnall t- u pr-^vMe^ aifo find and provide for the faid Perfon, a Stamp for Brafs, Tin, Iron, Lead, or Bnuld.^ '' '' ''"'' Pewter Weights or Meafures, and alfo a Brand for Wooden Meafures, of the Let- ters 72 L A IV S of North-Carolina, jd. D. 1741- ters N. C. upon Pain of forfeiting and paying the Sunni of Ten Pounds, Proclama- *— "^V — -* tion Money ; to be recovered from the faid Jullices, by A6tion of Debt, Bill, Plaint^ or Information, in the General Court of this Province, and applied to the Ufe of our Sovereign Lord the King, for and towards the Support of this Government, and the contingent Charges thereof. wiiofh3iitry I v. AND be it further Enacted, by the Authority aforefaid. That any Perfon wt.nhu'and whatfoever ufing Weights or Meafures, fliall bring all their Meafures and Weights Meafures. ^-q j-^g Keeper of the Standard of the County where fuch Perfon fhall refide or trade^ to be there tried by the Standard, and fealed or ftamped : And if any Perfon or um,i"d^v"'cigh» Perfons fhall buy, fell, or barter, by any Weight or Meafure that fhall not \l j.""*^"","' '" be tryed by the Standard, and fealed or ftamped as aforefaid, he, fhe, or they, fo offending, fliall, for every fuch Offence, forfeit and pay the Sum of Ten Pounds, Proclamation Money ; one Half to the Ule of the County where fuch Ofience fliall be committed, and the other Half to the Party who fliall fue for the fame -, to be recovered in any Court of Record in this Government, wherein no Eflbin, Protection, Privilege, Injundlion, or Wager of Law, fhall be allowed. steciyirds tn be V. AND whcrcas Steelyards, by Ufe, are fubjeft to Alteration, Be it further o^t'rah'of 20 Enabled, by the Authoriy aforefaid. That all and every Perfon who fhall ufe, buy or Shillings. fell, by Steelyards, fhall, once every Year, try the fame with the Standard, and take a Certificate from the Keeper of the Standard for the County wherein fuch Perfon fhall refide, upon Pain of Twenty Shillings, Proclamation Money ; to be recovered and applied as aforefaid. StanJnrJ Keeper VI. A ND be it further EnaEled, by the Authority aforefaid. That it fliall and his Fees. ^^^^ j^^ lawful for the Standard-Keeper to demand and receive the Sum of Nine Pence, Proclamation Money, for each and every Fair of Steelyards, Weights or Meafures, by him ftamped or fealed as aforefaid. VII. AND be it further EnaHed^ by the Authority aforefaid. That the Standard-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, viZi His Oath. IfT" U flmll fjoear that you will not flamp, feal, or give any Certificate, for any Steel- X yards. Weights or Meafures, but fuch -as floall, as near as poffible, agree iiith the Standard in your keeping ; and that you will, in all RefpeHs, truly and faithfully dif- charge and execute the Power and 'Trufl by this A£i repofed in you, to the beft of your Ability and Capacity. SO HELP YOU GOD. Standard Keeper, VIII. A N D bc it further Enabled, by the Authority aforefaid. That the Standard- withac.nrt.hie, Kccper of each and every County in this Government, is hereby impowered and may karch lul- J^ , . , , .„,-,■' ,- "^ ^ n 1 1 , 1 • i 1 j ] F>;aed Houf.s J required, with the AfTiftance ot a Conftable (who is hereby commanded, upon Notice, to attend him, upon Information made to him of any Perfon or Perfons keeping, or having in his or their Houle oe Cuftody, any Steelyards, Weights or Meafures, v/hich have been altered, leffened, or fhortened, fince they were tried and fealed by the Standard, or fhall be fufpedcd of buying, felling, or bartering, by fuch falfe V/eights and Meafures) to fearch the Houfes, or other fufpe6ted Places, of fuch Offender, for any fuch Weights or Meafures fo fallified ; and if, upon snd if any faifc Scaixh, any fuch falfe Weights or Meafures fhall be found, he fhall charge a Con- i^^un^'jufticc to ftable with the Owner of them, or the Perfon ufing them, who fhall forthwith ccn- nf"'^h"m o?"Tt'o ^^y ^^^''"' ^^^ ^"^ them, before any Juftice of the Peace, who is hereby direfted to Lx't CiunV 'if bind him, her or them, over to the next Court to be held f'or the County where the cmm^ml"'''fiie Offcncc fhall be committed; and the faid Offence fhall be laid before the Grand iZlo^nIr,^n^t Jury, by the King's Attorney-General, or his Deputy, and for Want of them, by exceeding 251. ^j^y. jJei-fon the County Court fliall think fit to appoint, and fhall be cognizable by the faid Grand Jury, either by Indidment or Prefentment; and if, upon Trial by a Petit Jury, fiich Offender or Offenders fhall be found o;uiky, tl-.e County Court ■" ' fhall L^/F5(?/ North-Carolina. 73 fhall fine each and every Perfon fo convuTied, in any Sum not exceeding Twenty ^- ^- '74i- Five Pounds, Proclamation Money ; one Third Part thereof 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 v/here the Offence Ihall be committed ; and fliall commit the Offender to Jail until the fame lliall be paid : And further, if it appear to the County Court, by the Verdict of the Petit j^ ^^^^ q^,^^^ Jury, that the Offender altered, leffened or fliortened, his or her Steelyards, Weights 1. ir.n-d his " or Meafures, or caufed the fame to be done, or ufed fuch Steelyards, Weights or ^^u'f^'';tent''' to Meafures, knowingly, after they were fo altered^ leffened or fhortened, with an defraud, befides Intent to defraud any Perfon, in fuch Cafe the Court Ihall, befides, and notwith- ?o^',hnd'"^rf'"h* (landing the faid Fine, fentence fuch Offender to (land publickly, during the Sitting i^'i'^'y 2 Hguis. of the Court, Two Hours in the Pillory, with his Offence written over his or her Head : Any Law, Cuftom, or Ufage, to the contrary, notwithftanding. IX. AND b'e it further EnaHed^ by the Authority afore faid. That the Naval Of- '^■"*''' ^^^" ^? ■' ... -1 •'--'..•'-_ fct up in his Of" ficer of each and every I'ort within this Government, fhall affix up, in a public Part of fi.ea., Adv.niie" his Office, and there conftantly keep affixed, an Advertilement of this Act, that "l.^'/^if'^f'^s' Traders coming into this Government may have Notice thereof, upon Pain of for- lor e'v"ry 24 ^ ^" feiting Five Shillings Proclamation Money, for every Twenty-four Hours the fame """" Ncgieft. fhall be negleiflcd ; to be recovered by a Warrant from any Jullice of tlie Peace of the County where the Offence fhall be commatted, by any Perfon who fliall fue for the fame, and applied, one Half to the Informer, and the other Half to the Ufe of the faid County. X. AN D be it further Enacted, by the Authority aforefaid^ That the Juflices of juflkcsmaytalte every County refpedively, fhall have Power to take and receive into their Cuftody, ^nd^wLi^^'re?!!!! all luch Weights and Meafures as have been already provided by their refpeftive to their CuUody, County or Parifh ; and fliall alfo demand and receive from all and every Perfon or sums"r^'ffVto Perfons whatfoever, all fuch Sums of Money as have been already railed to purchafe f""'!''''^ '^"''^ fuch Weights and Meafures, and difpofe of and apply the fame according to the "^ "' Direclions of this A(5t. XI. A N D be it further Ena^ed, by the Authority aforefaid. That all and every RepeaiingCiaufei other Act and Acls, 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 Aft, is, and are hereby repealed and made void, to all Intents and Purpo- fes, as if the fame had never been made; CHAP. XVIII. An Aa, for the building and maintaining of Court-Houfes, Prifons and Stocks, in every County ivithin this Province, and appointing Rules to each County Prifon for Debtors, (a) I. T^ r E pray that it may be Enaded, And be it EnaEfed, by his Excellency Ga- ^ ^ j^ ^ VV briel Johnfton, Efq\ Governor, by and "with the Advice and Confatt of his t.ix' f^r huiiding Majeftys Council, and General ^ifjemhly of this Province, and it is hereby Ena"ed, by the p^fons^jnd '* Authority of the fame. That the Juftices in all and every County or Counties within stocks,' this Province, v/here there is not fuitable Provifion already made, fhall, and are hereby impowered and required, at the next fucceeding Court of their refpedtive Counties, after the Ratification of this Aft, to lay a fufficient Levy upon the In- habitants of their faid Counties, not exceeding One Shilling, Proclamation Money, per Poll, tor Two Years, for the building a Court-Houfe, Prifon and Stocks, or any fuch of them as fnall be wanting ; which Levy fliall be paid and coUefted by the Sheriff of each County, in the fame Manner as all other Public and Parifh Taxes and Levies are paid and coUefted, and by him fhall be accounted for to the Juftices of the County Court, upon Oath ; and the faid Sheriff fliall be allowed ThKt per Cent, for colledling the fame. K II. AND (a) See A(5l Nov. 1759, Chap. 14, for amending this Aft, 74 LAWS cf North-Carolina. ^. D. 1741. II, A N D be it further Ena^ed, by the Authority aforefaid. That the Juftices of each County fhall and may, from Time to Time, and at all Times hereafter, em- ploy Perfons to keep and maintain the Court-Houfe, Prifon and Stocks, already built, and fuch as are to be built, by Virtue of this or any other Aft, or to rebuild fuch as have fallen to decay or ruin, and the fame to keep in good Repair, by lay- ing a Poll Tax on the Inhabitants of their refpedive Counties as aforelaid. Juftices to em [iloy Perfons keep Court- Houfes, &c, Repair, Perfons neg'eJl- inp to pay their Levies, liable to double Didrcfs. County Co'irt to lay cut Pr fon B)iin)s ; and all l^rifoncrs, imt commitfci for Felony or Trsa- lon, to have Li- beity thereof, on giving Security. Biunt^s to be re- corJeJ, anJ re-* ntwed. III. A N D be it further Enacted, by the Authority aforefaid, That if any Perfon Hiall neglect or refufe to pay the aforefaid Levies, in Manner aforefaid, and Ihall be in Arrear after the laft Day of Payment, fuch Perfon fhall be liable to double J)iftrels ; 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 cf fuch Perfons as fliall, at any Time hereafter, be committed to the County Prifons, the Court fliall have Power to mark out fuch a Parcel of Land as they fliall think fit, not exceeding Six Acres, adjoining to the Prifon, for the Rules thereof; and every Prifoner, not committed for Trealon or Felony, giving good Security to the She- riff of the County to keep within the faid Rules, fliall have Liberty to walk there- in out of the Prifon, for the Prefervation of his or their Health : And every Pri- foner giving fucli Security as aforefaid, and keeping continually within the faid Rules, fliall be, and is hereby adjudged and declared to be, in Law, a true Pri- foner ; and that every Perfon therewith concerned may know the true Bounds of the faid Rules, the fame fliall be recorded in the County Records, and the Marks thereof fliall, from Time to Time, be renewed, as Occafion fliall require. This A a had its CHAP. XIX. An AEi, the better to enable the Commijfioners appointed for buPding a Church at New- bern, to ereEl the fame, and to impower them to demand and receive, of any Perfon or Perfons, all Parifh Levies already laid and not appropriated ; and for other Pur- pofes therein mentioned. CHAP. 20. An Atf, for regulating Ordinaries, and for Rejlraint of Tippling- Houfes. REP. CHAP. XXL An Act, for the Relief of fuch Perfons as have fuffered, or may fuffer, by the Regif- ters of the feveral Counties within this Province, neglecting to rcgificr tbiir Leeds or mefne Conveyances ; or who, through Ignorance or Neglect, have not had the fame acknowledged, proved and regijlered. Preamble. I. T T 7 H E R E A S, by an A6t of the General Affembly of this Province, in- y Y tituled. An A£l, to appoint Public Regijlers, and to direct the Method to be obferved in conveying hands. Goods and Chattels, and to prevent fraudulent Leeds and Mortgages, amongfl: other Things, it is Enabled, That no Conveyance or Bill of Sale for Land (other than Mortgage) in what Manner or Form foever drawn, fliould be good and available in Lav/, unlefs the fame was acknowledged by the Vendor, or proved by one or more Evidences, upon Oath, either before the Chief Juftice 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 feveral of the Public Regifliers of the feveral Counties of this Province, have neglcded to re- giflrer feveral Deeds or mefne Conveyances, purfuant to the before recited A(51:, and feveral Perfons, through Ignorance or Negleft, have failed to prove, acknow- ledge and regifter, their Deeds or mefne Conveyances ; and alfo, feveral Perfons have recorded their Deeds or mefne Conveyances in the Clerk's Office of the fe- veral Precinfts or Counties in which fuch Lands lie, believing the fame as effec- tual as if the faid Deed or mefne Conveyance had been regiflrcred in the Regifter's Office as aforefaid j whereby feveral Perfons Titles to their Lands and Tenements are IV S of N O R T H - C A R O L i N A. are become precarious, to the great Prejudice of fucli Perfons : To the End there- ^- I>. 1741. fore that all poiTible Relict may be given to the Perfons whofe Eftates, Titles ^— -v— — ' and Interefts, may be affcded tiiereby ; II. W E pray that it may be Enacled, And be it Ejm.^ed, by his Excelkncy ^'^' ,'^;',j';,/''' Gabriel Johniton, Efq; Governor, by and with the Advice and Confent of his Majejty's Rep (Kt m r be whip, puniflied by whipping, at the Difcretion of any Court, or Jufl:ice or Jufbices before S'the"Fine!'''^ whoiii fuch Fine or Fines are recoverable, not exceeding Thirty Nine Laflies ; unlefs the Servant fo culpable, can and will procure Ibme Perfon or Perfons to pay the Fine. Ko free Perfon XIV. A N D hc it further Enacted, hy the Authority aforefaid. That no free Man to trade with or Trader v/hatfoever, (hall buy, fell, trade, barter, or borrow any Commodities siaves""nPenai- whatlbcvcr, with, to, or from any Apprentice or Servant, whether fo by Indenture . X'r f ^^''°}\ i""^ or otherwife, or with any Slave within this Government, wkhout the Conlent of the value traded tor, ?„ „ „ ' r r- ^ \ • r> 01 ti • r and 61. Mafber, Mifl:refs or Owner, of fuch Apprentice, Servant cr Slave, upon Pain ot forfeitino- treble the Value of the Commodity or Commodities fo traded for, bartered or fold r and alfo fliall pay the Sum of Six Pounds, Proclamation Money, to the Ufe of the faid Maflier, Mifl:rels or Owner ; to be recovered in the Court of the County where the Offence fliall be committed, by A6lion of Debt, Bill, Plaint, or Information, wherein no Eflbin, Proteftion, Injunftion, or Wager of Law, fliall oir.nder not able be allowcd or admitted of: And if it fliall fo happen that the Perfon fo ofl^ending for^a^sV'vanl^''''' ^"^ "^^ ^^ '^^^ ^'^ P^y ^^"^'^^"^ ^^^ Valuc of thc Commodities fo traded for, fold or bartered, and the Sum of Six Pounds, iuch Perfons fliall then be adjudged, by the County Court, to be fold as a Servant for the fame. Mafter not fuirg XV. PROV ID ED always. That if the Mafl:er, Mifl:refs or Owner, of fuch i"help"rfonmr Apprentice, Servant or Slave, fliall not, within Six Months after he or flie fliall onmay. ^^^^^ Information or Knowledge of fuch Oifence, profecute the Ofi^ender or Offenders for the fame, that then it fhall and may be lawful tbr any other Perfon fo to do, and to have and receive every Advantage and Benefit ariflng from luch a Profe- cution. XVI. AND LAWS of North -Carolina. 79 XVI. A N D be it further Enacted, by the Authority afcrefaid. That every Ser- ^-^D. 1741. vant, by Indenture or otherwife, who fliall imbezzle, purloin, wilfully walle, or ^-^"^r- — fhall trade, fell or barter, or otherwife make away, any of his or her Mailer or «"ng"theirM?f" Miftrefs's Corn, Cattle, Sheep, Hogs, Stock, or other Goods or Provifions, or J-"' ^"."''' '° Commodities whatfoever, (hall, upon Conviftion of every iuch 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 Mailer or Miftrefs fuch Time as the faid Court fhall think reafonable, for the faid Offence, after the faid Time by Indenture or otherwife, as aforeiaid^ is expired. nt Ytais uf Age, XVII. AND whereas many Women Servants are begotten v^ith Child by free w.man Ser .... Men or Servants, to the great Prejudice of their Mafler or Miftrefs whom they >>.=ving a chiM m' ferve; Be it therefore further Enacted, by the Authority of ore faid. That if any Wo- fe'rve^TyearVur man Servant fhall hereafter be with Child, and bring forth the fame durino- the •'• Time of her Servitude, fhe fliall, for fuch Offence, be adjudged by the County Court, to ferve her Mafter or Miftrefs One Year, after her Term of Service by In- denture or otherwife is expired. XVIII. A ND be it further EnaSIed, by the Authority aforefaid. That if any Wo- if /i.e u. 3 chiia man Servant ftiall hereafter be delivered of a Child, begotten by her Mafter, fuch \>' ^"' Mafter, Servant fliall, immediately after Delivery, be fold by the Churchwardens of the '^m^^'t)x''\^TLt Parifli where the Offence fhall be committed, for One Year, after the Time of Ser- ' ^"'■* vice by Indenture or otherwife is expired ; and the Money arifing by fuch Sale ftiall be to the Ufe of the Parifli : And if any white Servant Woman fliall, during the if hy a- Negro, Time of her Servitude, be delivered of a Child, begotten by any Negro, Mulatto, or *'• *^^ ""7 ''= Indian, fuch Servant, over and above the Time fhe is by this Ad to ferve her and °^ht chn" ' Mafter or Owner for fuch Offence, fliall be fold, by the Churchwardens of the Pa- '' "'^" ' "' ''" ^^ rilh, tor Two Years, aiter the Time by Indenture or otherwife is expired ; and the Money arifing thereby applied to the Ufe of the faid Parifli ; and fuch Mulatto Child or Children of fuch Servant, to be bound, by the County Court, until he or flie arrive at the Age of Thirty-one Years. XIX. AND whereas many Abufes have and may be committed, by Perfons v/ho, under Pretence of underftanding feveral Trades and Mifteries, have procur- ed, and may hereafter procure, large Sum.s of Money to be advanced to them, and have entered, and may hereafter enter, into Covenants with Merchants and others in Great-Britain, or elfewhere, for the Payment of large Wages, Yearly, though they were, or may be, totally ignorant of, and unable to perform, fuch Trade and Miftery : For Remedy whereof, XX. B E it EnatJed, by the Authority aforefaid. That all and every Perfon or Perfons already imported, or who fliall be hereafter imported into this Government, as a Tradefman or Workman, on Wages, and fliall be found not to underftand ""^ '"""<* "<^t to fuch Trade or Employment, the Mafter or Owner of fuch Servant may bring him Trfde^rc™'-'!' '^ or her to any County Court of this Government ^ which Court, upon Complaint "i^y '"t.ff their made to them of fuch Deceit, are hereby impowered and direcS:ed to enquire into "'^"* the fame •, and upon finding any fuch Fraud, may judge and direft fuch Satisfac- tion to be made to the Mafter or Owner of fuch Servant, either by the Defalca- tion of the Wages, or Part thereof, as to them ftiall feem juft. XXI. ANT) be it further Enacted, by the /Authority aforefaid. That if any Per- if they rffufe to fon, who is, or fliall hereafter be imported or brouQ;ht into this Government, as a "i" ;''^'f p"')'. « 1 radelman or other Workman, on Vf ages, fliall retufe or negledl to perform his fiv^, to ferve Duty, or fliall abfent himfelf from his Mafter or Owner's Service without Leave, ?,!«''' withoJt'"'* in every fuch Cafe it fhall and may be lawful for the Juftices of the County Court "^'h^s. wherein fuch Mafter or Owner refides, upon Complaint and Proof to them made, to order fuch Satisfiiftion and Reparation to the Mafter or Owner of fuch Servant, for the Damages fuftained by him for fuch Refufal or Negledl, as to them fliall feciii Tradefmcn im- ported oiiWa L A tV S of North-Garoli N A J. D. 1744. feem jiift", and for every Day fuch Servant Ihall abfent himfelf from his Mafter or ^^•v- i^ Owner's Service as aforefaid, to order and direft fuch Servant to ferve his or her faid Mafter or Owner Two Days for every Day's Abfence, after his Time byln- denture or otherwife is expired, and that without any Wages to be paid for iuch Service. ServanuFreeaom XXII, A N D he it further EnaHed, hy the Authority aforefa'id. That there {hall ^""- be allowed to every Servant, whether by Indenture or othtrwife, not having Yearly Wao-es, at the Expiration of his or her Service, Three Pounds, Proclamation Mo- ney,*^ befides one fufficient Suit of wearing Claaths for fuch Servant or Servants. i'erforfs Import- XXIII. AND be it further Enabled, by the Authority aforefahU That if any Per- ing and felling as ^qj^ qj. pej-fons already have, or Ihall hereafter import into this Government, and ^crfon7 tr^ayl \-^^^^ fgU or retain for his own Ufe, as a Slave, any Perfon or Perfons that Ihall have lured! doobk 'Z been free in any Chriftian Country, lOand or Plantation^ or ^urk or A4cor, in Amity Sum 'he was fuid ^jj-j^ j-^jg Majefty, fuch Importer or Seller as aforefaid, fliall forfeit 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 Common Law, wherein the Defendant fhall not be admitted to plead, in Bar, any Aft or Stauite for Lim,ita- AniftaiiEWe tion of Adions : And moreover, fuch Importer or Seller of any fuch free Perfon Security to carry ^^ aforcfaid, fhall bc Committed until he enter into Bond, before the faid Court, S=^ piai" ."om with Two good and fufficient Sureties, in the Sum of Five Hundred Pounds, Stcrl. whence he bro't jyjQney, of Great-Britain, payable to our Sovereign Lord the King, his Heirs ar d ^'"' SuccefTors, with Condition, That he fhall and do, within One Year then next en- fuino-, tranfport and land (Danger of the Seas and Life only excepted) fuch free Perfon fold by him as a Slave as aforefaid (if he or fhe fhall fo require) in the Coun- try, Ifland or Plantation from whence he or fhe was indirftly brought as aforefaid -, and fhall produce an authentic Certificate of his Performance thereof to the faid Court. On Complaint of XXIV. AND be it further Enabled, by the Authority aforefaid. That each and fc7d ^"juftfc^^M every Juftice of the Peace, for the feveral Counties within this Government, are examine theMat. hcrcby impowercd and direded, upon the Complaint of any Perfon who now is, or oftlnd"et,'"with'' hereafter fhall be, imported into this Government, and who was free in any Chriftian theWitneiTes.to Countiy, Ifland or Plantation, before his or her Tranfportation hither, who is kept wherriheTme or fold as a Slave, to caufe the pretended Owner of fuch Perfon complaining, to fliaiibedetermin- j^ppg^r bcforc him, together with fuch Evidence or Evidences as fhall be material; "*" and after Examination taken, in Writing, ftiall bind them over to appear at the next County Court of which he is a Member, where the faid Complaint fhall be heard and determined, without any formal Procefs of Law. Penalty on Per. XXV. A N D be it further Enacted, by the Authority aforefaid. That if any sTrvamTorsfaves Pcrfon or Perfons whatfoever Hiall, diredly or indiredtly, at any Time after the Ssmice'^^''^" Ratification of this Ad, tempt or perfuade any Apprentice or other Servant, during the Time of his or her Service, due by Indenture or otherwife, or any Negro or other Slave, to leave their Mafter or Miftrefs's Service to whom he or they is Ap- prentice, Servant or Slave, or ftiall knowingly give Encouragement to relieve, affift, harbour or entertain, any fuch, or fhall knowingly encourage, relieve, affift, har- bour or entertain, for any Space of Time whatfoever, any Apprentice, Servant or Slave, who fliall wilfully abfent him or herfelf from the Service of his or her Mafter or Miftrefs, fuch Perfon or Perfons fo oflending, fliall forfeit and pay, for each and every fuch Apprentice or other Servant, and for each and every Negro or other Slave, the Sum of Forty Shillings, Proclamation Money, and for each Twelve Hours fuch Apprentice or other Servant, Negro or Slave, be afterwards abfent from his Mafter or Miftrefs's Service, the Sum of Five Shillings, Proclamation Money ; to be recovered, by the Mafter or Ov/ner of fuch Apprentice, Servant or Slave, by Adion of Debt, Bill, Plaint, or Information, in the General or County Court, wherein L A V/ S of N O R T H - C A R O L I N A. 8i ■wherein no EIToin, Proted:ion or Injundtion, Oiall be allowed or admitted of : And ■^- -O. 1741. if it fliOLild ib happen, that any Perfon or Perfons convicted Offenders herein, ^"""^ -* lliould not be able, or refufe to pay the Fines by this Act inflifted, in Inch Cafe tlie OiTender Ihall be, by OrJer of the General or County Court, fold as a Servant, for fuch Time as the faid Court fliall think fufficient to pay the fame ; and fliail be, tiurino- fuch Servitude, liable to the Penalties and Forfeitures inflicted for Breaches of thi° Aft. XXVI. A N B he it further Enacted, by the Autkcrity aforefaid^ That if any Per- oveifetr lenving fon fliall hire or contract himfelf to ferve as an Overleer, either upon Wages or f,';'fy,T^-|Y"vva' Share of the Produce, with any Perfon or Planter whatfoever within this Governm.ent, and fliall abfent himfeif, or depart from the Service of his Maflier or Miftrefs, before the Time mentioned in his Agreement or Contract fliall be expired, he fnall, for fuch Offence, forfeit his Right and Title to liis Wages, or Share of the Produce, or Shjre of the C:i»p. Penally on Per- fons (arrying SInves out i:t the Government. XXVII. AND be it further EnaHed^ by the Authority aforefaid. That if any Per- fon or Perfons whatfoever, fliall, direftly or indireftly, at any Time after the Rati- fication of this Act, tempt or perfuade any Negro or Negroes, or other Slave or Slitves, to leave his, her, or their Mafl:er or Mifl:refs's Service, out of an Intent and Deflgn to carry or convey away him, her^ or theiji, out of this Government, or fliall harbour or conceal him, her, or them, for that Intent and Purpofe, and be thereof convi6ted, by his, her, or their own Confeflion, or the Oath of one credible Vv''it- nefs, fuch Perfon or Perfons fliall, by the Two next Jufl:ices of the Peace, be com- mitted to Jail, or bound over to the next Court to be held for the County where the Offence fliall be committed, and fliall be profecuted, by Indiftment, for the fald Offence -, and being thereof lawfully convicted, fliall, by the faid Court, be adjudged to pay, to the Mafl:er or Miftrefs, for each Negro or other Shve fo in- ticed or perfuaded, for the Purpofe atorefaid, 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 offending fliall not be found worth Lands, Goods or Chattels, to the Value aforefaid, then the faid Court fliall adjudge him, her or •them, to ferve the Owner of luch Slave or Slaves, or his Affigns, Five Years ; and fo deliver him, her or them, over to the Mafl:er, Miftrefs, or Ov/ner of fuch Slave or Slaves, fo tempted or perfuaded as aforefaid, and make Record thereof : But if any Perfon or Perfons fliall fo tempt and praftice v/ith any Negro or Ne- groes, or other Slave or Slaves, and him, her or them, fo tempted, fliall adually convey away, or fend out of this Government, and be afterwards apprehended and convifted thereof, he, flie or they fliall, by the faid Court, be feverally adjudged- and condemned as gviiity of Felony •, and fliall fuffer accordingly. XXVIII. AND for Encouragement of all Perfons to take up Runav/ays, B'e Rf,varj t^ Per it Enarred, by the Authority aforefaid. That for the taking up Servants or Slaves, if [l^JJ^^^'^y^"'^ "^ Ten Miles, or under, from the Houfe or Qiiarter where fuch Servant or Slave v/as kept, there fliall be allowed by the Mafter, if known, and refiding in the County, if not, by tlie Public, as a Reward to the Taker up, Seven Shillings and Six-pence, Proclamation Money, and for every Mile above Ten, Three-pence, over and above tin iaid Sum •, which faid feveral Rewards fliall be paid by the Churchwardens oi the Parifli where fuch Taker up fliall refide, or where he fliall bring fuch Runav/ay before a Jufi:ice of the Peace i and fliall be levied again by the Churcliwardens oi the faid Parifli, upon the faid Mafter or Owner of fuch Runaway, for Rcimburfe- ment of the fame to the Parifli : And for the greater Certainty in paying the faid Rewards, and reimburfing the Parifli, every Juftice of the Peace beiorc whom fuch Runaway fliall be brought, upon the taking up, fliall grant a Certificate thereof, in which he fliall mention the proper Name and Surname of the Taker up, and the County of his or her Rcfidence, together with the Time and Place of taking up the faid Runaway, and fliall alfo mention the Name of the faid Runaway, and the pro- per Name and Surname of the f.lafter or Owner of fuch Runaway, and the County of his or her Refidence, together with the Diftance of Miles, in the faid Juftices L Judgment, Rewnrd how to be pj.d. 82 LAWS of North-Carolina. /I. D. 1741. Runaway Slave not telling his Mafter, to be committed to (he County Jiil, and Notice givrn f'jr Two Months by the Sheiiif. Sheriff failifig to give fuch Notice, to forfeit 5 1. Judgment, from the Place of taking up the faid Runaway, to the Houfe or Quarter where fuch Runaway was kept -, upon producing which Certificate to the Church- wardens of the Parifli where the fame was granted, they fhall pay, to the Taker up of fuch Runaway, or his AfTigns, the Reward aforefaid ; and Ihall levy the fame again as aforefaid : But if it fhould happen that the Mafter or Owner of fuch Run- away fhould not refide, or have Effedls, in the County where the faid Certificate fhall be granted by the Juftice as aforefaid, the faid Churchwardens fhall tranfmit the faid Certificate to the SheriiTof the County where the Owner of fuch Runaway fefides, or hath Effefts, who fhall, upon Receipt 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 he it further Enacted^ by the Authority aforefaid^ That if any Negro or other Perfon, who fhall be taken up as a Runaway, and brought before any Juftice of the Peace, and cannot fpeak Eng'lifh, or, through Obftinacy, will not declare the Name of his or her Owner, fuch Juftice fhall, in fuch Cafe, and he is hereby required, by a Warrant under his Hand, to commit the faid Negro Slave or Runaway to the Jail of the County wherein he or fhe ihall be taken up -, and the Sheriff, or Under-SherifF, of the County into whofe Cuftody the faid Runaway fhall be committed, fhall forthwith caufe Notice, in Writing, of fuch Commitment, to be itx. up on the Court-Houfe Door of the faid County, and there continued, during the Space of Two Months ; in which Notice, a full Defcription of the faid Runaway, and his Cloathing, fhall be particularly fet down •, and fliall caufe a Copy of fuch N otice to be fent to the Clerk or Reader of each Church or Chappel within his County, who are hereby required to make Publication thereof, by fctting 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 thereof: And every Sheriff failing to give fuch Notice as herein is direfted, fliall forfeit and pay Five Pounds, Proclamation Money ; which faid Forfeiture fhall and may be recovered, with Cofts, in any Court of Record in this Government, by Adion of Debt, Bill, Plaint, or Information, wherein no Eflibin, Privilege, Proteftion, Injundlion, or Wager of Law, Ihall be allowed : The one Moiety whereof fhall be to the Church- wardens, for the Ufe of the Parifli, as well as towards defraying the Charges that lliall arife and becom.e due by Virtue of this Aft, and the other Moiety to the Per- fon who fhall fue for the fame. Owner not known in Two Months, Runa- way to b* fent to the Public Jail, XXX. A ND be it further Ena5fed, by the Authority aforefaid. That if within the Space of Two Months, the Owner of any fuch Negro Slave or Runaway cannot be known, or doth not claim the fame, that the Sheriff of the faid County to whofe Cuftody fuch Runaway fhall be committed, fhall caufe the faid Runaway to be de- livered to the next Conftable, to be by him delivered to the next Conftable, and fo from Conftable to Conftable, to the Public Jail of this Government, after fuch Manner, and to receive fuch Punifliment, as in this A6t is mentioned and direfted. If li'is Owner be not yJt known, Jailer mi7 hire him out, to pay his Fe:s. XXXI. AND be it further Enabled, by the Authority aforefaid. That when any Negro or Runaway as aforefaid, fhall be delivered to the Keeper of the Public Jail of this Government, by Virtue of this A6t, and his or her Mafter or Owner cannot be known, it fhall and may be lawful for the Keeper of the faid Jail, upon his Ap- plication, to the General Court, or the neareft County Court to the faid Jail, or to any Two Juftices, out of Court, with the Confent of either of the faid Courts, or Two Juftices as aforefaid, to let the faid Negro or Runaway to Hire, to any Perfon or Perfons whom they fliall approve of, for fuch Sum or Sums of Money, or Qiian- tity of Commodities, and for fuch Term or Time, as they fliall dired \ and that out of the Money or Commodities arifing by fuch Hire, all Fees relating to the taking up, Imprifonment, and conveying to Jail, and Charges of maintaining fuch Negro or Runaway, fhall be firft paid and difcharged, and the Overplus, if any, difpofed of as fuch Court, who fhall order the faid Negro or Runaway to let out to Hire, fliall dired. XXXII. FRO- L A IV S Cf N O R T H - C A R O L I N A. 83 XXXII. PRO FID E D always. That when the Owner of fuch Negro or Run- ^- D. 1 741 . away fliall demand the fame, the Perfon to whom fuch Negro or Runaway Ihall be o"^^"^*'^ let out to Hire, Ihall forthwith deliver him or her into the Cuflody of the Keeper i^, Run'wjv to of the Public Jail, and fhall then alfo pay the Hire, in Proportion to the Time the hi„'!'''hJ'p'"„g faid Runaway hath ferved ; and the Keeper of the fiid Jail fhall deliver the faid F'"'. Runaway to his JMafter or Owner, he or Ihe paying down all Fees and Charges of taking up, Imprifonment, conveying to Jail, and maintaining fuch Runaway, in Cafe the Hire of the faid Runaway be not fufncient to fatisfy the fame. XXXIII. AN T) he it further Enacted, hy the Aiithcrity aforefciid. That when the Runaway slave Keeper of the fiid Public Jail ihall, by Direclion of fuch Court as aforefaid, let out ^;^'-^ ""'• J- '" any Negro or Runaway to Hire, to any Perfon or Perfons whomfoever, the faid oiiar on hm ; Keeper ihall, at the Time of his Delivery, caufe an Iron Collar to be put on the Neck of !uch Negro or Runaway, with the Letters P. G. Itamped thereon, and that Eicjpe thereafter the faid Keeper ihall not be aniwerable for any Elcape of the faid Negro or Runaway. XXXIV. AND be it further Ena^ed, hy the Authority aforefaid. That when any Runaway taken runaway Servant or Slave fliall be brought before any Juitice of the Peace within Z' ilim'to nr'' this Government, fuch Jullice fhall, by his Warrant, commiit the faid Runaway to wiiirp'-d.^nofeat the next Conflable, and therein alio order him to give the faid Runaway fo many t'. "cvnrhUe ° Lafhes as the faid Jufhice fhall think fit, not exceeding the Number of Thirty Nine, '"^'"«- well laid on, on the bare Back of fuch Runaway ; and then to be conveyed from Conftable to Conflable, until the laid Runaway fhall be carried home, or to the Public Jail as aforefaid. and then n.t ari- f\"?rabie fur ilia XXXV. AND be it further Enabled, That every Conftable fhall, on his Re- ConZM^ refaU ceipt of fuch Runaway, give Receipt for him or her ; and that every Conftable Runaways* w failing to execute fuch Warrant, according to the Tenor thereof, or refufing to give *^"'^'"' ^° ^* fuch Receipt, fhall forfeit and pay Twenty Shillings, Proclamation Money, or the Value thereof in Bills, to the Churchwardens, for the Ufe of the Parifti wherein fucii Failure fhall be ; to be recovered by a V/arrant under the Hands of any Two Juftices within the County where fuch Conftable fhall refide : And fuch corporal Punifliment fliall not deprive the Mafter or Owner of any runaway Servant of the other Satisfac- tion herein by this A<5t appointed to be had of fuch Servant, for his or her running away. XXXVI. AND he it further Enacted, by the Authority aforefaid. That If any f^I^'^^^/J^;^ y; Sheriff, Under-SherifF, or Conftable, fliall fet to work, employ, or let out to Hire, k tp nc them in without Order of Court as aforefaid, any runaway Servant or Slave committed to fh" n rifi-'la'di- the CuftoJy of any of them, or fhall detain fuch Runav/ay longer in his or their r^«s, to tuifcit Cuftody than by this A(5l is direfted, he or they fo offending, fhall forfeit and pay ^ '" Five Pounds, Proclamation Money ; to be recovered in any Court of Record in this Government, by A6tion of Debt, Bill, Plaint, or Information, v/herein no Eflbin, Protection, Privilege, or Wager of Law, fliall be allowed: One Moiety whereof to be paid to the Churchv/ardens, for the Ufe of the Parifli where the Of- fence fhall be committed, and the other to him or them who fhall iue for the fame : And if any Sheriff, or his Under-Sheriff!, or any Conftable, into whofe Hands any ^'^,";^|"''';^7^^ runaway Servant or Slave fliall be committed, by Virtue of this Aft, fliall ncgli- cap'e"Tabie to" gently or wilfully fuffer fuch Runaway to efcape the faid Sheriff, Under-sheriff, or »hc Damage. Conftable, he or they fliall be liable to the Adion of the Party grieved, for Recovery of his Damages, at the Common Law, witli Cofts. laying Levies. ■ XXXVII. AND be it further Ena^ed, hy the Authority aforefaid. That all and every c-nft^L!- the Conftables within this Government, for t'leir Encouragement to perform their '■"^r-'i f'^nj 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 Continu- ance in Oiiice y and that the Keepers of Ferries within this Government, fliall give L 2 immediate 84 L A IV S of North-Carolina. A. D. 1 741. Ferry -Iceepets to give imme.liate J'a(r3ge to Con- ftabics charged •with Runaways. Such Ferriaaes to be paid by the Churchwardens. Sheriff fi:Ja. let's Fees, Sheriff or Jailer taking greaver Fees, to forfeit ao f. Runaways fup<. poftd to belong toother Ciivern- mf nts. Jailer to ftnd th ther a D..fcripuon of them. Shves not to go armed. Offenders may be taken up, their i'Vrms taken from thenn, and they whipped. One Slave on a I'lantation cx- tepted. immediate PafTage to all Conftables, and their Affillants, charged with conducing any Runaway or Runaways, either to the Public Jail, or to fuch Runaway or Run- aways Mafter or Owner, without charging fuch Conftable, or their Afliitants, for the Ferriage, either going or returning : But all fuch Ferriages of Conftables, and their Affillants, fhall be paid by the Churchwardens of the Parilh where fuch Ferry- Keepers refpeftively live, and levied, as aforefaid, upon the refpedtive Mafters or Owners of fuch Runaways. XXXVIII. A N D be it further Ena5fedy hy the Authority aforefaid^ That from and after the Publication of this Aft, the Fees and Allowances of the faid Sheriffs and Jailers be as foUoweth, that is to fay : For the Commitment of every fuch Ne- gro or Runaway to any County Jail, the Sheriff ftiall be paid, for his Fee, the Sum of Two Shillings and Sixpence, Proclamation Money, and for the keeping or main- tainino- him or her in Jail, for every Twenty Four Hours, the Sum of Six- pence, and for his or her Releafement, the Sum of Two Shillings and Sixpence ; and that the Keeper of the Public Jail of this Government, for the Commitment of every fuch Negro or Runaway, Ihall be paid the Sum of Two ShiUings and Six- pence, Proclamation Money, and for his or her keeping in Jail, every Twenty Four Hours, the Sum of Sixpence, Proclamation Money, and for his or her Releafement, the Sum of Two Shillings and Sixpence, Proclamation Money, and no more: And if any Sheriff, in any County of this Government, or Keeper of the Public Jail, fliall demand or take any greater Fee or Allowance than is hereby before appointed and allowed, for the Services and Maintenance aforefaid, or any of them, he or they fo offending /hall, for every Offence, forfeit and pay to the Party grieved, the Sum of Twenty Shillings, Proclamation Money, and fhall alfo refund and pay back to the Parties fuch Sum of Money which fuch Sheriff or Jailer fhall receive and take, over and above the Fees and Allowances herein before appointed -, which faid For- feiture 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. XXXIX. AND he it further Ena^ed, by the Authority aforefaid^ That when any Negro, or other Runaway, whofe Owner is fuppofed to be refident in any other Province, fhall be committed to any Public Jail of this Government, the Keeper of the faid Jail fhall, by the firft Opportunity after fuch Commitment, fend a Defcrip- tion of fuch Negro or Runaway, together with the Account of the 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 whicli he fliall be reim- burfed by the Owner ot the faid Slave or Runaway. (a) XL. AND be it further Enacled, hy the Authority aforefaid. That no Slave fliall go armed with Gun, Sword, Club, or other Weapon, or fhall keep any fuch Weapon, or fhall hunt or range with a Gun in the Woods, upon any Pretence whatfoever (except fuch Slave or Slaves who fhall have a Certificate, as is herein after provided) and if any Slave fliall be found offending herein, it fhall and may be lawful for any Perfon or Perfons to feize and take, to his own Ufe, fuch Gun, Sword, or other Weapon, and to apprehend and deliver fuch Slave to the next Con- ftable, who is enjoined and required, without further Order or Warrant, to give fuch Slave Twenty Lafhes, on his or her bare Back, and to fend him or her home ; and the Mafter or Owner of fuch Slave fliall pay to the Taker up of fuch armed Slave, the fame Reward as by this A6t is allowed for taking up of Runaways. . XLI. PROVIDED always. That nothing in this A€t fliall be conftrued or extended, to prohibit or debar any Mafter or Owner of any Slave or Slaves within this Government, from employing any one Slave in each and every diftin<5t Plantati- on, from hunting in the Woods on their Mafter's Lands with a Gun, to preferve his or her Stock, or to kill Game for his or her Family. XLII. PRO- i (a) Sections 40, 41, and 42, altered, by Ad Me.-cIi 1753, Chap. ^ L y^ fV S of N O R T H ' C A R O L I K A. 85 XLII. PRO FID ED alfo. That fuch Mafter or Ow-er fliall firft deliver into ^- D. 1741. the County Court, an Account, in Writing, of the Name of any fuch Slave to be s^iXsuiT^ employed as aforefaid ; and the Chairman of the Court lliall fign a Certificate that carry a^cerufi- fuch Slave is allov/ed to carry a Gun, and hunt in the Woods on his Mafter or '""* Miftrefs's Lands : And the Mafter, Miilrefs, or Overfecr, of fuch Slave, fhall give him the faid Certificate, vi^hich fuch Slave fliall always carry about him, on Pain of being apprehended and punilhed as aforefaid : Any Thing herein before contained, to the contrary, notwithftanding. XLIII. AND he it further Ena^ed, hy the Authority aforefaid. That no Slave slaves not to go fliall go from off the Plantation or Seat of Land where fuch Slave fliall be appointed 'jf,h'!!Jt''Lirv'r" to live, without a Certificate of Leave, in Writing, for fo doing, from his or her (Lv,rry suvts' Mafter or Overfeer (Negroes wearing Liveries always excepted.) cxcepttd) XIV. A N D be it further Enacted, by the Authority aforefaid. That no Slave sieves not to fliall be permitted, on any Pretence whatfoever, to raife any Horfes, Cattle, or "'^^^"'^ ' Hogs •, and all Horfes, Cattle, and Hogs, that. Six Months from the Date hereof, fliall belong to any Slave, or of any Slave's Mark in this Government, fliall be feized and fold by the Churchwardens of the Parifli where fuch Horfes, Cattle, or Hogs, fliall be, and the Profit thereof be applied, one Half to the Ufe of the faid Parifti, and the other Half to the Informer. XLV, AND whereas many Times Slaves run away, and lie out hid and lurk- Runaway shves ing in Swamps, Woods, and other obfcure Places, killing Cattle and Hogs, and ^'J *"= "•^t-^^""- 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 aforefaid, any Two Juftices of the Peace for the County wherein fuch Slave or Slaves is or are fuppofed to lurk or do Mifchief, fliall, and they are hereby impowered and required, to iflue 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, forthvvith to furrender him or themfelves ; and alfo, to impower and require the Sheriff^ of the fiid County to take fuch Power with him as he fliall think fit and ne- ceflTary, for going in Search and Purlliit of, and cfteftually apprehending, fuch out- lying Slave or Slaves ; which Proclamation fliall be publiflied on a Sabbath Day, at the Door of every Church or Chapel, or for Want of fuch, at the Place where Di- vine Service fliall hz performed in the faid County, by the Parifli Clerk or Reader, immediately after Divine Service : And if any Slave or Slaves againft whom Procla- mation hath been thus ifllied, ftay out and do not immediately return home, it fliall be lawful for any Perfon or Perfons whatfoever, to kill and deftroy fuch Slave or Slaves, by fuch Ways and Means as he or flie fliall think fit, without Accufation or Impeachment of any Crime for the fame. _ XLVI, PRO FID E D always, and it is further EnaBed, That for every Slave Out-iawcd slave killed in Purfuance of this Act, or put to Death by Law, the Mafter or Owner of |'^,',''.^'^'thlpub^i-t'' fuch Slave fliall be paid by the Public ; and all Trials of Siaves for Capital and '''"^' " other Crimes, fliall be in the Manner, and according as herein after is direded. XLVII. AND be it further Enacled, by the Authority aforefaid, Ths.t if any Conrphacy of Number of Negroes or other Slaves, that is to fay, Three or more, fliall, at any Irfves" ;'!;d7a Time hereafter, confult, advife, or confpire to rebell, or make Infurredion, or Feicny.'' fliall plot or confpire the Murther of any Perfon or Pcrlons whatfoever, every fuch confuking, plotting, or confpiring, fliall be adjudged and deemed Felony ; and the Slave or Slaves conviftcd thereof, in Manner herein after direded, fliall fuffer Death. XL VIII. AND be it further Enacted, by the Authority aforefaid. That every M2nacicftr):flj Slave committing fuch Offence, or any other Crime or Mifdemeanor, Ihall forthwith '''""• be 86 LAWS of North-Carolina. J. D. 1741. be committed, by any JufVice of the Peace, to the Common Jail of the County within which the iaid Offence fhall be committed, there to be fafely kept -, and that the Sheriff of fuch County, upon fuch Commitment, fliall forthwith certify the fame to any Juftice in the CommilTion for the faid Court for the Time being, rtfidcnt in the County, who is thereupon required and direfted to iffue a ; ummons for Two or more Juftices of the faid Court, and Four Freeholders, fuch as fliall have Slaves in the faid County •, which faid Three Jufl:ices and Four Freeholders, Ov/ners of Slaves, are hereby impowered and required, upon Oath, to try all Manner of Crimes and Offences that fhall be committed by any Slave or Slaves, at the Court- Houfe of the County, and to take 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 fhall feem con- vincincr, without the Solemnity of a Jury ; and the OHender being then found o-ui!t)% to pafs fuch Judgment upon fuch Offender, according to their Difcretion, as tiie Nature of the Crime or Offence fliall require; and on fuch Judgment to award Execution. All Juftices may fit nn any Ne- Jrce's Trial. Negroes giving U\ii Teftimony, ^^0 have their Ears cut off. Chairman rf the Court tu cjution every Slave giv jng Teftimony. XLIX. PROVIDED ahvays, and he it Ena5fed, That it fliall and may be lawful for each and every Juftice, being in the Commiffion of the Peace for the County where any Slave or Slaves fliall be tried, by Virtue of this A6t (who is Owner of Slaves) to fit upon fuch Trial, 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. L. AND to the End fuch Negro, Mulatto, or hdian, bond or free, not being Chrifliians, as fhall hereafter be produced as an Evidence on the Trial of any Slave or Slaves, for capital or other Crimes, may be under the greater Obligation to de- clare the Truth ; Be it furtber Enn::!ed, That where any fuch Negro, Mulatto, or Indian^ bond or free, fliall, upon due Proof made, or pregnant Circumfl:ances, ap- pearing before any County Court within this Government, be found to have given a falfe Tefl:imony, every fuch Offender fhall, without further Trial, 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 fiiid 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 Laflies, well laid on, on his or her bare Back, at the common whipping Pofb. LJ. AND be it further EnaEled^ by the Authority aforefaid^ Tliat at every fuch Trial of Slaves committing capital or other Offences, the firfl: Perfon in Commiffion fitting on fuch Trial, fhall, before the Examination of every Negro, Mulatto, or Indian, not being a Chriltian, charge fuch to declare the Truth. mT" " ar^'""* ^^^- PROVIDED alivays, and it is hereby intended. That the Mafl:er, Owner, make'af!ncr or Ovcrfccr, of any Slave, to be arraigned and tried by Virtue of this A(fl, may for him. appear at the Trial, and make what jufl: Defence he can for fuch Slave or Slaves, fo that fuch Defence do not relate to any Formality in the proceeding on the Trial. Slave convifled, Ciurt to v.ilue him, and certify it to the AITem- bly, that they may pay for him. Slavc5 killed in difperfing Ccn- IpiratJrs, fcizing Afjiis, taicing up •Runaways, cr LIII. AND be it further Enacted^ by the Authority aforefaid. That when any Slave fliall be convided capitally by Virtue of this Ad, the Juftices and Freehol- ders that fhall fit on fuch Trials, fhall put a Valuation, in Proclamation Money, upon fuch Slave fo convided, and certify, under their Hands and Seals, fuch Va- luation to the next Affembly •, that the faid Affembly may make fuitable Allow- ance thereupon, to the Mafter or Owner of fuch Slave. LIV. AND be it further Enacted, by the Authority aforefaid. That if in the dif- perfing any unlawful Affemblies of rebel Slaves or Confpirators, or feizing the Arms and Ammunition of fuch as are prohibited by this Ad to keep the fime, or in ap- prehending Runaways, or in Corrcdion by Order of the County Court, any Slave fliall L A IV S of North-Carolina. 87 ^. D. 1741, C rreftion Sy the (.'.urt's Order, to be paid (i.i by the I'ublic. (hall happen to be killed or deftroyed, the Court of the County where fuch Slave (hall be killed, upon Application of the Owner of fuch Slave, and due Proof there- of made, fhall put a Valuation, in Proclamation Money, upon fuch Slave fo killed, and certify fuch Valuation to the next SefTion of Aflembly ; that the faid Aficmbly may make fuitable Allowance thereupon, to the Mailer or Owner of fuch Slave. LV. P ROV ID ED always, and he it further Ena5led, That nothing herein Other p.rfons contained, fliail be conftrued, deemed or taken, to defeat or bar the Aftion of any """'"^ ^ '' Perfon or Perfons, whofe Slave or Slaves fhall happen to be killed by any other Perfon whofoever, contrary to the Dire6tlons and true Intent and Meaning of this A61 •, but that all and every Owner or Owners of fuch Slave or Slaves, ihall and may bring his, her, or their Aftion, for Recovery of Damages for fuch Slave or Slaves fo killed. Ov. his Ad'twin ! gaiiift them. hsve S'avES fet fre?j and depatting the Province, fe« turning in Tix Months, to be fold. LVI. AND he it further Ena5fed, hy the Authority aforefaid^ That no Neriel Johnfton, Efq; Governor j by and with the Adiice and Confent of his Majeftfs Council, and General /ifjembly of this Proviyice, and it is hereby Enabled, by the Authority of the fame. That that Part oi Bertie County which lieth North and Weft of Sandy Run, and in a dired Line from the Head ol' the faid Run, to the Head of the Beaver-Bam Swamp, and down the faid Swamp and Meherrin Creek and River, be, and is hereby ered:ed into a County, by the Name of Northampton County ; and that the faid Bounds fliall, henceforward, be the Limits between Society Parifh and the Northweft Parifh of Bertie. CHAP. II. A^ru ''o''''/'^' '^^ ^^ ^° eftablifh Ports, or Places of Delivery of Merchandizes imported in and exported Chap. 4.' "^ ' out of this Province; and to prevent the clandefline running of uncifionied and prohi- bited Goods in the fever al Ports thereof. S I G N E D by Gabriel Johnston, Efq; Governor. Nathaniel Rice, Prcfldent. John Hodgfon, Speaker. ^^ ' ■ ANNO LAWS of North-Carolina. 89 J. D. .743. %# %# %# %# %# %#r-^%# %# %# %# %# %# #% #f #% #% '?'% ^%^J«^#% #% #% #% #% ^% ANNO REGNI G E O R G I I 11. REGIS, MAGN^ BRITANNIA, FRANCI^E, & HIBERNI^, D E C I M O S E P T I M O. At a General ASSEMBLY, held at Edenton^ the Second Day of Gabriel JOH NSTON, ApriL in the Year of our Lord One Thoufand Seven Hundred and ^^^'^ ^over- •' ' nor. Forty Three. CHAP. L An Atl to regulate EleSfions for Members to ferve in General Affemhly for the feveral Counties^ to declare who Jloall be qualified to vote in the faid Eleilions, or be clecled a Member of the General Affembly for any of the faid Counties, and to direSl the Method to be obferved in taking the Poll at the feveral EleHions in the Counties and 'Towns in this Province. REP. CHAP. 2. An A'^ for obtaining an exa5i Lifl of Taxables, and for the effetlual col- lecting as well all Arrears of Taxes, as all other Taxes, for the future due and payable. REP. 3. An Act to irnpower the Juflices of Beaufort County to build two fubflan- tial Warehoufes, at the Places hereafter mentioned, in the faid County, for the Ufe and Convenicncy of the Inhabitants paying their Taxes and Levies. O B S. 4. An Act to afcertain what Attornies Fees fJjall be taxed and allowed, in ^T'n'^ ^^''' ''' any Suit or Action, brought in any of the Courts of P^ecord in this chsp 5. Province. V 5. An Act for providing proper Magazines of Ammunition in the feveral Counties of this Province, and for defraying the Charge thereof. OBS. 6. An At for making and clearing a Highivay from Eden ton into the Provided for i>y Road leading over Mr. HoflcinV Mill Dam, towards Perquimons p'!^ed''j°an'! i^t,' Courl-Houfe, and for erecting Bridges in fuch Road, and alfo another *-'^'^P' 3- Gate at Edcnton. M C H A P. 90 LAWS of N O R T li - G A R O L I N A. A. D. 17+3. CHAP. VII. An Act, for erecting a Court-Houfe,. Prifon afid Stocks,- in Bertie County, and for laying a 'Tax upon the Inhabitants of the faid Comity for defraying the Charge thereof. Preamble, I.- '<["T| 7HEREAS great Difpufcs Rave-arifen in tke County of Bertie, concerning y Y the Place whereon the Court-houfe, Prifon and Stocks, fhould be ere fl- ed in the faid County ; by Reafon whereof, they have not hitherta been built : Therefore, to afcertain the Place whereon the fame ihall be built, and to prevent Delays for the future y Cciift-hpdrtf.&c. j,j^ -yy £ pay ^^2X it may be- Enafted, And he it Enacted, hy his Excellency Ga- bu'-!ic. " biel Joimfton, Efq; Gcvertwr, hy and -with the Advice and Ccnfent of his Majefifi Cottncil, and General Affemhly of this Province, and it is hereby finacted, ly the Autho- rity of the fame. That the Court -Hcufe, Prifon and Stocks, of Bertie County, fhall be built between Cuf}:)y Bridge and ^Vills's ^tarter Bridge, in the faid County, and that all Courts fliall be there held for the faid County, after the fame fhall be built ; any Lawy Cufioni, Ufage, or Order of Court^ to the contrary, notwithilanding. Iha^fe'Land to"'' ^^^- ^^^ ^^ it furthcr Enactcd, hy the Authority aforefaid. That tlie Juftices bu^id ihc Court- of the faid County, or a Majority of them, are hereby impovv-ered and required, Houfe, &c, on. ^j. j|^g ^^^^ Court that lliall be held for the faid County, after the paffing of this- A6t, to purchafe, of the Owner, One Acre of Land, in Fee Simple, betv/een the faid Bridges, for the Ufe of the Public, whereon to build the laid CouTt-PIoufe,i Prifon and Stocks -, and fhall alfo contraft with, or impower other Perfons as they fhall think proper, to contract with and employ "V/orkmen, for building and erect- ing the fame thereon. Tax laid for the jv^ AND for defraying the Expences thereof. Be it further Enacted, by the Authority aforefaid. That the faid Juftkes, or a Majority of them, are hereby im- powered and required, to lay a Tax on the Inhabitants of the faid County, not ex- ceeding Two Shillings and Six Pence, Proclamation Money, for One Year, per Tithable, for the Purpofes aforefaid. sher-.ff to coiiea y, A N D be it further EnaHed, hy the Authority aforefaid. That the Sheriff of thejufik/s.' " the faid County of Bertie, fhall, and he is hereby required, to colledt the aforefaid Tax, at the Time, and in the Manner that the Public Taxes are by Law to be col- lefted, and pay the fame to the Juftices of the faid Court, to be by them applied to paying the Workmen for building the faid Court-Houfe, Prifon and Stocks •, and alfo to pay the Confideratioii Money for the One Acre of Land, herein before direded to be by them, the laid Juftices, purchafed. F.^rmcr Con- VL AN B he it further EnaHed, hy the Authority aforefaid. That all and every c.ur't '^ufe! Contract: or Contrails heretofore made, by Virtue of any Order of the Juftices of &r. annuiitd, thc Coutt oi Bertie, concerning the ereiting a Court-Houfe, Prifon and Stocks, at or near Stony-Creek, is, and are hereby annulled and made void ; and all Perfons concerned therein, fliall, and are hereby difcharged from performing the fame, or any Part thereof. JJdlo bcv°""' ^^^- P ROV ID ED nevcrthelefs. That if any Perfon, by Virtue of any Agree- and'paid for^ ' ment with the faid Juftices heretofore made, hath collefted 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 colkding fuch Materials, or doing fuch Work ; and the Money fuch Materials or Work ftiall be valued at, fhall be paid, out of the Tax to be raifed by Virtue of this Aft. VIII. AND L A JV S of North-Carolina. 91 VIII. AND be it further EnaHed, by the Authority aforefaid^ That in Cafe any ^- D. 1743. Money has been collected by the Sheriff of the faid County, from any Perfon or ,*; ''C^ J J ^ J ' J Money slreadv Perfons, in Confequence of any Order of Court heretotore made, the fame fliall coiicaej to be be paid, by the Sheriff who collected the fame, to the Juftices of Bertie County l^^tlhlllnonl' aforefaid, for and towards defraying the Expence of building the faid Court-Houfe, to have crtdu Prifon and Stocks ; and any Perfon or Perlbns 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 fhall be liable to by Virtue of this -Act ; 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. Ma . ANNO 92 L A fV S of North-Carolina. ji. D. 1745^ K M M ^ ^^ F~^ ^^ « &^ ^^ ^^ ^^ ^^ » ^^ ^^ ^^ kj«( ^^ ft ^^ f ^ ^f if ANNO REGNI G E O R G I I 11. REGIS, MAGNtE BRITANNI.E, FRANCIS, & HIBERNI^, DECIMO NONO. Gabriel At a General ASSEMBLY, held at Newbern, the Twentieth Day of Johnston, "^ nor.' ^''^^' Aprtl^ in the Year of our Lord One Thoufand Seven Hundred and Forty Five. Repealed by Aft, C H A P. I. April 6, 1748, ^^' '°' An A^ for laying a 1" ax for finking the novo current Bills of Credit. CHAP. II. An additional AB to an Ad^ intituled. An A61 for appointing Sheriffs in the Room of Marlhals of this Province, lor prefcribing the Method of appointing them, and limiting the Time of their Continuance in Office, and direfting their Duty therein ; and for abolifliing the Office of Provoft Marihal of this Province, and for altering the Names of the Precindts into Counties. REP. CHAP. III. An additional Act to an Acl^ intituled. An A6t to prevent killing Deer at un'eafona- ble Times, and lor putting a Stop to many Abufes committed by white Perfons, under Pretence of hunting. Preamble, I. TT 7 HERE AS by the before recited Aft it is, among other Things, Ena6l- V V ^^' That it ffiall 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 other Ways or Means whatfoever, between the Fifteenth Day of February, and the Fifteenth Day of July, yearly, and in each Year, after the Ratification of the faid Acl •, and that any Perfon convicted of the fame, fliall forfeit 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 Sealbns, has given Room to feveral Perfons to evade the faid Law : II. WE Z/yi^/^^c/' North-Carolina. 93 II. We therefore pray that it may be Enaftcd, And he it Enacted^ hy his Excellency -i- D. 1745. Gabriel Johnllon, Ejq\ Governor^ by and 'with the Advice and Confent of his Majejifs p^'J^^iTTT^^ Council., -and General AjfemMy of this Province., and it is hereby Enacted., by the Authority f.t^s killing u^-er of the fam. That if any Pcrlon fhall be convifted cf kilhng Deer, or having Veni- ^'"j"'> '" ""'' fon, or a green Deer Skin or Skins, in his Houfe, Camp, or Folleffion, between the Fift^erith Day of February and Fifteenth Day of J/c/y, yearly, after the Ratifica- tion of this Aft, he fhall forfeit and pay the Sum of Forty Shillings, Proclamation Money ; to be recovered and applied as herein after is diredcd. III. PROVID ED neverthekfs^ That nothing in this Aft fhall be conftrued Provifo. to extend to convift any Perfon or Perfons of the laid Forfeiture, in whofe Houfe any Venifon, green Skin or Skins, fhall be found, wiiich hath been left in Inch Houfe without the Knowledge, Privity or Confent, 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- This chnfe ai- fons, who have no fettled Flabitation, nor vifible Method of fupporting themfelves, ^'^ %b%^' by Induftry or honed Calling, many of whom come in from neighbouring Colonies, chap. 13.' without proper PafTes, and kill Deer at all Seafons of the Year, and often leave the CarcafTes in the Woods, and ulfo fleal and deflroy Cattle, and carry away Florfes, and commit other E'.normities, to the great Prejudice of the Inhabitants of this Pro- vince; Beit therefore Enacted^ hy the Authority afcrefaid. That every Perfon who fhall Perrons mt pnf. hunt and kill Deer in the King's Wafte within this Province, arid who is not pof- H!i,i'tr.l'/,"no'! felTrd of a fettled Habitation in the fame, fhall be obliged to produce a Certificate, aiiovej t<. bunr, when required, of his having planted and tended Five Thoufand Corn Hills, at Five h^'J l"ccrrficTie Feet Diilance each Hill, the preceding Year or Seafon, in the County where he <''' his having fhall hunt, under the Hands of at leaft Two Juftices of the Peace of the laid County, coin h°°s° and the Hand of at leaft One of the Churchwardens of the Parifh where fuch Perfon planted and tended fuch Corn, as aforefaid. V. A'ND be it further Enacted., That if any fuch Perfon as aforefaid is found Such Perfon hunting, and does not produce fuch Certificate as aforefaid, wiien required, he fhall and"m!t""'rc"/uc. forfeit his Gun, and Five Pounds, Proclamation Money, for every fuch Offence ; '"g fuch certifi- to be recovered and applied as herein after is direfted. h'sGun°and'o! VI. AND whereas many idle Perfons, who fpend their chief Time in hunting Penon? not to Deer, leave the CarcafTes in the Woods, by which Means Wolves, Bears, and other [he''\vood5'\" Vermin, are raifed and f lipported, which deftroy the Stocks of the Inhabitants of Penalty of Jc s. this Province \ Be it therefore further Enacted^ hy the Authority aforefaid., That every Perfon who hunts Deer, and leaves the Carcafs or CarcafTes in the Woods, unde- flroyed, fhall, for every Offence, forfeit and pay Forty Shillings, Proclamation Money. VII. AND be it further Enacted., hy the Authority aforefaid. That all Fines Fines hnw to be and Forfeitures mentioned in this Aft, fhall be paid, the One Half to the Informer, ■"-"^'^ -'' •'p- the other Half to the Churchwardens, to the Ufe of the Parifli where fuch Offence fhall be committed ; to be recovered with Cofls, by a Warrant from any JufVice of the Peace within this Government; faving to all free Perfons the Right of Appeal Rj^ht of Appeal. to the County Court where fuch Offence is committed : Which faid Court is hereby impowered and direfted, in afummary Way, finally to determine the fame ; wherein no EfToin, Proteftion, or Wager of Law^ Ihall be allowed or admitted ri". CHAP. 94 L ^ IV S of North-Carolina. Preamble, ^. D. 1745. CHAP. IV. An Act to repeal an Act pajfed at Wilmington, in the Tear of our Lord One Thotfand Seven Hundred and Forty One, intituled^ An Aft to eftablifli Ports, or Places of Delivery of Merchandizes, imported in, and exported out of this Province, and to prevent the clandeftine running of uncuftomed Goods in the feveral Ports thereof. I. T T 7 PI E R E A S it is found very inconvenient and injurious to Traders and y Y VelTels arriving at tlie feveral Ports and Places in the faid A (51 mentioned, and there being obliged to unlade and continue, v/hereby great Damages, Lofles, and Delays, have accrued, and much of the Trade of this Province, which hereto- fore ufed to be carried on by Water, has of late been diverted, and carried on by Land to Virginia : For Remedy whereof, Aa repealed, jj_ ^ £ pi-^y that it may be Ena6ted, And be it Enabled, hy his Excellency Gabriel Johnfton, Efq; Governor, hy ajid with the Advice and Ccnfent of his Majejly's Council and General Affemhly of this Province, and it is hereby Enabled hy the Authority of the fame. That the faid A61 be and is hereby repealed, to all Intents and Pur- pofes, as if the fame had never been made. Not to extend to III. PROVID ED nevcrthekfs. That nothing in this Aft lliall be deemed of corom^cnced'-'^"''^ taken to extend to any Lawfuit already commenced and depending, upon the Breach of the faid Law. CHAP. V. An Act for impowering the feveral Commijfioners 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 Biftricts herein after appointed, in fuch Manner as they judge mofi ufefid to the Public. R E P* Preamble. Commiffianers appointed to ered the Fort. CHAP. VI. An Act for erecting a Fortification on the lower Part of Cape Fear River, for applying thereto the Powder Money already arifen, or which fijall arife, hy Shipping coming into the Port of Brunfwick. H; E R E A S from the prefent War with France and Spain, there is great Reafon to fear that iuch Parts of this Province which are fituated moil commodious for Shipping to enter, may be invaded by the Enem-y ; and whereas the Entrance of Cape Fear River, from its known Depth of Water, and other Con- veniences for Navigation, may tempt them to fuch an Enterprize, while it remains in fo naked and defencelefs a Condition as' it now is : Therefore, for the better fecuring of the Inhabitants of the faid River from any Infult and Invafion, II. W E pray that it may be Enafted, And he it Enacted, hy his Excellency Ga- briel Johnfton, Efq; Governor, hy and with the Advice and Confcnt of his Majefiys Council, and General Affemhly of this Province, and it is hereby Enacted, hy the Au- thority of the fame, Thut his 'Excellency Gabriel Jchnfion, Efq-, Governor, the Hon. Nathaniel Rice, Robert Halt on, Eleazer Allen, Matthezv Rowan, Edward Mofeley, Roger Moore, William Forbes, Efqrs. and Colonel James Innes, William Faris, Efq; Major John Swann, and George Moore, Efq-, be, and are hereby appointed Commil- fioners •, who, or the Majority of them, Ihail have full Power and Authority to ercft and build a Fort or Battery, in fuch Place on the lower Parts of Ca^'e Fear River, as to the Majority of them fliall feem moft convenient, for the Defence of the faid River : Which Fort or Battery fhall be called Johnfon\ Fort, and fliall be large enough to contain, at leaft, Twenty Four Cannon, v/ith Barracks, and other Con- veniences, for Soldiers. III. AND L A J'V S of N O li T II - C A R O L I N A. ^5- Powder Money to be applied J'or building ic. III. AND for defraying the Charges of buildiryg fueh Foft or Eatter)% Be it ^- ^- i Enacted, hy the Authority ajorefaid, Tliat the Powder Money ah'eady paid to the Naval Oiticcr of Pore Brunjhv^ck, or to the CommiiTioneFs of Navigation of the faid Port, fince the Sixth Day of March, One Thoiifand Seven Hundrtd and Thirty Eight, by Virtue of an Act of Alfembly, intituled, An Act for facilitating the Na- 'vi^'ction of the fever al Ports of this Province, and for buoying and beaconing the Channels leading from Ocacock Inlet to Edenton, Bath "Town, and Newbern, and from Topfail Inlet to Beaufort Toivn, and other Ports and Inlets within the faid Province herein rr.en- tioned, and for providing fufficient Pilots, for the fafe ConduB of Veffels ; and all Povv^dcr Money which fnall hereafter arife by Vefiels coming into the faid Port of Brimfzvich, HiaII be applied, by the Commiflioners aforefaid, or the Majority of them (after deducing a Sum fufficient for finifhing the porting and flaking out the Channel between Brunfivick and Wilmington, not exceeding the Sum of Fifteen Pounds, Pro- clamation Money) to the Charge of building and erefting the faid Fortification as aforef\id, and to no other Purpofe or Ufe whatfoever; any Thing in the laid A6t, to the contrary, notv/ithftanding. IV. AND be it further Enacted, by the /Authority aforefaid. That the feveral NjvjI officer to Naval OfBcers of the Port of Brunfivick, or other Perfons, who have any of the "cZZZLT Powder Money, of or belonging to the (aid Port, in their Hands ; and the Naval f^r aii I'owder Officer who lli-iU hereafter receive any Powder Money of or for that Port, fhall, '^'""^y* when called upon by the aforefaid Commiffioners, or the major Part of them, appear before them, and fettle their Account, upon Oath, and pay to the faid CommifTi- oners, or the Majority of them, or their Order, all fuch Sum and Sums of Money already received, or which fhall hereafter be received by him or them ; and a Receipt- under the Hands of the faid Commiffioners, or their Ofder, fhall be a fufficient Difcharge to the faid Officer, for fuch Sum or Sums of Money fo paid. Njva!Offifcr,&cJ n?glcft.ng to pay fuch Money, W V. AND be it further Enacted, hy the Authority aforefaid. That if any fuch Perfon or Perfons, who have already received any Powder Money as afore mention- ed, or who hath any fuch Money in his Hands, or who hereafter fhall receive any foifeit4oi fuch Money, ffiall, upon due Notice given, refufe to appear to account, upon Oath, and pay the Money due from him or them, he or they fo refufing or neg- lefting, ffiall forfeit the Sum of Forty Pounds, Proclamation Money ■, to be reco- vered by the Commiffioners, or the Majority of them, by Aftion of Debt, Bill, Plaint, or Information, in the General Court of this Province, wherein no Proteftion, Injundion, or Wager of Law, ffiall be allowed or admitted of, and applied towards building the faid Fort ; and ffiall be alfo liable to an Adion for all ilich Sums of Money as are in his or their Hands, at the Suit of the Commiffioners aforefaid, or the major Part of them. VI. A ND be it further EnaBed, hy the Authority aforefaid. That if any one or more of the Commiffioners before mentioned, ffiall die, or remove out of this Pro- vince, or refufe to aft, that in fuch Cafe it ffiall and may be lawful for the Majority of the remaining Commiffioners, to recommend double the Number of the Perfon or Perfons fo dying, leaving the Province, or refufing to aft, to his Excellency the Governor or Commander in Chief for the Time bemg, out of which he is hereby impowered to appoint one or more Commiffioners, to aft in the Room of fuch fo dying, leaving the Province, or refufing to aft, as aforefaid : And fucii Commiffi- oner or Commiffioners fo appointed, ffiall have the fame Power and Authority as any other Commiffioner or Commiflioners have, or ought to have, by Virtue of this Act. Numberof Corti- milfioners to be kept up. VII, AND be it further Enacted, by the Authority aforefaid. That the Com*- miffioners herein before nominated and appointed, are hereby compelled to lay their Accounts before the Governor, Council, and General Aflembly of this Province, for all fuch Sum or Sums of Money as they ffiall, from Time to Time, receive by Virtue of this Act, VIIT. AND Comminiiners to lay their Ac- counts before the Governor, &c. gb L A IV S of North-Carolina. A. D. 1745- Commitrioners jnay ule adjacent Timber. VIII. A N D be it further Enacted^ by the Anthcrity afcrefaid. That it fhall and may be lawful for any Perfon or Perfons, by the Direction of the Commiflioners aforefaid, or the major Part of them, to cut down and make Ule of any Timber Tree or Trees, Handing or growing upon any of the moft convenient Lands to the faid Fort, to be ufed in building and e reding the fame. CHAP. VII. This Aa had its J^fi /i^ fo appoint CommiJJioners in the Place and Stead of thofe deceafed, to complete and ^ '" finifJj the Church in Newbern, and for adding the prcjent Churchwardens and P^efiryir.en to the faid Commijfioners ; and for impcweriug the faid Coramijfwners^ ChurchwardenSy and Veflrymen^ to call the former Commijfwners to Account^ for all the Monies by them received for the Ufe of the faid Churchy and to appropriate it to the Purpofe afcrefaidy and, in Cafe of Infufficiency, to lay a levy to accomplifJj the fame. I*reamble, Mattamufkeet deemed I'art of Hyde GuUDiy. CHAP. VIII. An A5f to add that Part of the Province caled Mattamufkeet, and Lake, to Hyde County. I. T T 7 H E R E A S the Inhabitants of Mattamufkeet, and the Lake, for thefe Y y many Years pad, have been obliged to attend Currituck County Court,, being from their Habitations upwards of One Hundred Milts, through a blcsk and dangerous Sound, which is always attended with great Fatigue, and often Times their Lives expofed to great Danger, and frequently, by contrary Winds, diiap- pointed of their Paffages, and detained from their Families : For Remedy whereof for the future, il. W E pray tkat It rriay be Enaded, And it is hereby Enacted, by his Excellency Gabriel Johnfton, Efq; Governor, by and ivith the Advice and Confent of his Majefly's Council, and General Affembly of this Province, and by the Authority of the fame. That Mattamufkeet, and the Lake thereunto belonging, fliall, from henceforward, be ac- counted, taken, reckoned, and deemed Part of Hyde County •, and that the Inhabi- tants thereof fhall be fubjedt and liable to the fame Orders, Rules and Taxes, as any other of the Inhabitants of the faid County are, or hereafter fhall be j any Law, Cuflom, or Ufage, to the contrary, notwithflanding. CHAP. IX. This Aa, all yiyi ^f-i fQ impower the Commijfioners for the 'Town of Edenton to keep in Repair the Town ariJ 4th cia'uilsl Fcnce, and to erect and build a Pound, Bridges, Public Wharf, and Market Houfe ; Aa"''sept^'7 e" ^^^ ^V° ^0 erect and build a School Houfe in the faid Town, and other Purpofes therein Chap, 14. ' ' mentioned. None but Inha- bitants to keep any Stock in T"wn, on Pen, Ot lO s. What Number of Stock Inhabi- tants may keep, II. A iVZ) be it further EnaEled, by the Authority aforefaid. That no Perfon or £\^ Perfons whofoever, except the Inhabitants of the faid Town, fhall keep, or caufe to be kept, any Horfe, Cattle, or Sheep, within the faid Town, under the Penalty of Twenty Shillings, Proclamation Money, for each and every Offence; to be recovered and applied as in this A61 is hereafter diredted, III. AN Dbe it further EnaEled, by the Authority aforefaid. That none of the In- habitants of the faid Town fhall keep, or caufe to be kept, tuning at large within the Bounds of 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 t.hem, fo polTefTed, under the Penalty of Twenty Shillings, Proclamation Money, for each and every Offence j to be recovered and applied as in this Ad is hereafter direded. IV. ANB Bridjics, Wharf, Matkel HuuL-, L A (V S of N O R T H - C A R O L I N A. 97 IV. AND he it further Enacted, by the Authority aforefaid^ Th.it the Com- ^- l^- K'\S- miflloners of the laid Town, or the Majority of them, are hereby authorized and ^^^^^^^^~^,\ impowered to eretft and build a Pound, Bridge-, Public Wharf, Market Houfe, b.iUd roumi, and School Houfe, in fuch Public Places in the faid Town as they, or the Majority of them, fhail think mod convenient for the Eafe and Advantage of the Inhabitants ="d Scnooi of the faid Town : And for defraying tiie Expence of building 'and ere6ting the faid "''"''^ Pound, Bridges, Public Wharf, Market Houfe, and School Houie, the laid Com- miiTioners fhall be allowed and paid out of the Money already arifen, and not ap- plied, and which hereafter Ihall arife, by the Sale of Lots in the faid Tov/n ; any Law, Ufage, or Cuftom, to the contrary, notwithilanding. C H A P. X. An A£i for the better regulating the Town of Wilmington, and for ccnfir:ning and efla- blifJding the late Survey of the fame., ivith the Plan aiinexed. REP. CHAP. XL An Act for fencing the Town c/Bath, and re-furv eying the Common belonging to the faid Totvn, and exempting the Inhabitants from working on the Main Roads ; and to give Liberty to the Inhabitants to build on and improve the Front cr PFater Lets, and to ap- point Commijfioners for the Furpofes- aforefaid. I. T T 7 H E R E A S the inclofing and fencing in the Town of Bath, will be not Pteambk, y y only commodious to the Inhabitants, but convenient to Travellers paffing that Way : II. W E pray that it may be Enaded, And be it EnaT.ed, by his Excellency lobabitants powered to ( in the T-wn. Gabriel Johnfton, Efq-, Governor, by and with the Advice and Confent of his Majefifs ^'"•'"''^''' '» '"^"^ Council and General Ajfembly of this Province, and by the Authority of the fame, I hat the Inhabitants of Bath Town, at their own proper Coils and Charges, fliall be obliged to make, and keep in Repair, a good and fufficient Fence, with one large Gate fit for Carts to pafs through, and one lefTer Gate, fit for Men and Horfes to pafs through. III. AND be it further Enabled, by the Authority aforefaid. That the Com- comni;iTi.,.ner5 to milTioners hereafter appointed, or the Majority of them, are liereby direfted and j^J^' "[i^^- ^^^^^ impov/ered, to hire and employ Workmen, to make up or repair the laid Fence and \n Repair. Gates, when the Majority of them fliall find it necefiliry, and to compute the Charge of the making and repairing the fame, on the Firft 'I'uefday in May, yearly, after the Ratification of this Ad : And for defraying tiie faid Expence, the CommilTion- ers 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 Money, yearly. IV. AND be it further Enacted, by the Authority aforefaid. That if any of P.rf.ns refufing the Inhabitants of the faid Town of Bath, or any other Perlon or Perfons holding *^,rheScJ"' or poflefling Lots therein, fliall negled or refute to pay the faid Tax or Levy, io laid by the Commiffioners as aforefaid, that then, and in fuch Cafe, the Coir.mifu- oners for the Time being, or the Majority of them, are hereby impowered to fue for and recover the fame, by Warrant from any Juftice of the Peace for the County of Beaufort. ■V. AND be it further Enacted, by the Authority aforefaid. That if any Per- pc.-ron. fon or Perfons fhall pull down, take away, or by any Means deftroy, any of the ]l^\^^''^^f Rails of the faid Fence, or any Part thereof* and fliall thereof be lawfully convided, N bv piHi.n?! fur ihe £;ft UJ- 98 LAWS of M O R T H - C A R O L I N A. J. D. '745- fence to f'ifeit 20 s. and fur tLe I'cci.ind 40 s. T.1X to be hid oa the L-ifs, to re- furvev th;T,\vn. C-^mmin to be furvtyed, it the Erp'H'-e of tlie Inhabiunis. In.inhjlants ex- empt fitm WDi'. • ing on the Ruuds Pcrf n? may im- prove Front Lnts. Coriim'flioners ?f pointed. by the Oath of one credible Witnefs, before one or more Juflices of the Peace, he, flie, or they, fo offending, fhall forfeit and pay, into the Hands of the Commiffiori- ers, for the firll Offence, the Sum of Twenty Shillings, Proclamation Money ; and for the fecond Offence, being thereof iav^fully convided as aforefaid, the Sum of Forty Shillings, Proclamation Money -, to be recovered, by the Commiii oners, by a Warrant from Two Juftices of the Peace : Winch Money, fo by them recovered, ihall be by them applied towards repairing the faid Fence. VL A N D forafmuch as the Inhabitants of the faid Town know not exaftly the Bounds of their feveral and reipeftive Lots •, to prevent Diiputes for the future. Be it fitrthe-r EnaSfed, by the Authority aforefaid. That the Commillioners hereafter named, or the Majority of them, are hereby required and impowcred to employ the Sur- veyor-General, or his Deputy, to re-furvcy the faid Town, as near as pcffible to the old Plan, that no Perlbn may be damaged thereby ; and the Commifiioners are hereby impowered to lay a Tax or Levy on each Lot, not exceeding Two Shillings and Eight Pence, Proclam.ation Money, to pay the Expence of furveying the fam^e ; which Money fhall be paid, by the Owners of the faid Lot or Lots, into the Hands of the CommiiTioners : And every Owner or Owners of fuch Lot or Lots fo fur- veyed, are hereby obliged to let up Pofcs or Stones for Land Marks, in Prefence of fonie of the Commiffioners, at tlie Time of lurveying the fame, under the Penalty of Forty Shillings Proclamation Money; to be recovered and applied in the fame Manner as other Fines in this Act are before directed to be recovered and applied, VIL AND be it further EtmFfcd, by the Authority aforefatd^ That the Common beloncrino- to the faid Town be aifo iiirvcyed, at the Expence of the Inhabitants of the faid Town •, and that proper Land Marks be fet on the Bounds o\ the fame, that PerfonS may know where the fame are, and not commit Trelpafs on the Lands ad- joining. VIII. AND be it further Ena^ed, by the Authority aforefaid. That the Inha- bitants of Bath Town be, and are hereby exempted from working on the Public Roads ; provided that the faid Inhabitants keep the Town inclofed, in Manner aforefaid, and their Streets and Lots clear of all Incumbrances whatloever. IX. AND be it further Ena^ed, by the Authority aforefaid. That all Pcrfons which have, or which hereafter fliall take up any of the Front or Water Lots in tlie faid Town, are hereby impowered to improve the fame, by building and erecting Warehoufes and Stores, or other Buildings, as to them fliall be moft convenient, for carrying on their Trade and Commerce. X. A N D be it further EnacJed, by the Authority aforefaid. That Capt. MV/'^t^/ Coutanch, Col. Benjamin Beyton, Mr. John Rieuffett, Mr. Robert Boyd, and Mr. Da- niel Biinn, be, and are hereby appointed Commiffioners for the faid Town of Bath^ with Power and Authority to fue for and recover, of and from any Perlbn and Per- fons who fliall refufe to pay their proportionable Part of the Charges arifmg and becoming due for any of the Purpofes aforefaid •, and on the Death or Removal of any of the above Commifiioners, the Majority of the Commiffioners fhall choofe others, in the Room and Stead of thofe fo dying or removing. See Afl 1763, Chap 20, fur BmenJing tliis CHAP. XII. An ASl to encourage Berfons to fettle in the Town of Brunfwick, on the South IFefl Side of Cape Fear River. I. '\'\^T l^'^.RY. KS Maurice Moore, hte of Cape Fear, Efq; deceafed, appro- Y y priated and laid out a certain Parcel of Land, containing Three Hundred and Twenty Acres, on the South Weft Side of Cape Fear, for a Town and Com- mon, for the Ufe of the Inhabitants of the faid Town ; which laid Town is called Brur.fwiik : L A fV S of N O R T H - C A p. O L I N A. 99 Briinjv:ick : 'And the Hon-. Roger Moore, Efq-, to make thfcfaid Town more regular, ^- -0. added another Parcel of Land to the faid Town, and a great Part of the laid Lands was laid out into Lots, of Half an Acre each, many ot which are taken up, and good Houles built thereon, and. proper Places weie appointed and given, by the laid Maurice Moore, for a Church, Court-Houfe, and Burial Place, Market Hcuie, and other Public Buildings : And whereas, by Reafon of the Death of the faid Maurice Mocre, and of John Porter, of Cape-Fear, Efq-, who claimed to hold Part of the faid Lands laid out for a Town^ by Grant from the faid Maurice Mccre, it is not certainly known to whom the faid Lands be-long, fo that fure Titles may be had to the Lots as yet unfold, whicii is a great Dilcouragement to the fettling the faid Town: And whereas the Trade o'i Cape Fear River confiils in Naval Stores, Rice, and Lumber, Commodities of great Bulk and fmall Value, all due Encour- agement ought to be g^'en to large Ships to cone into the faid River, to take off the faid Commodities •, and as all large Ships which come into the laid River, are obliged to lie at Brunfwick, and that Town, for Want of a fufScient Number of Inhabitants, and by Reafon of the eafy Navigation thereunto, is much expofed to the Invafion of foreign Enemies in Tim.e of VVar, and Pirates in Time of Peace, nothing can be greater Encouragement for Ships to comie there, than a Certainty of being well fupplied with Neceflaries, and well fecured, during the Tim.e they lie there, which can no Way be better done than by increafing the Number of the In- habitants of the faid Town : For the etrev5cing of v/hich, and remicdying the Incon- venicncies above mentioned, and fettling and fecuring the Titles to the faid Lots in the faid Town ; MJ- II. WE pray your Mod Sacred Majefry that it may be Enafted, Aid he it Enacted, by his Excellency Gabriel Johnilon, Eff, Governor, by and ivith the Advice and Confent of his Majefty's Council, and General Ajjemhfy of this Province, and by the 'Authority of the fa:ne. That the faid Lands appropriated and laid out for a I'own and Common, by the faid Maurice Mccre and Roger Moore, be, and they are hereby declared to be, from henceforward, inverted in the Hon. Edivard Mofeley and Rcrer Moore, Efqrs. and William Dry, John Wright, and Richard S>uince, Merchants, in Fee, to and for the Truft and Purpofes herein after mentioned, and their Succeflbrs, as Commiflloners for the faid Town of Brunfwick ; to be difpofed of in Manner and Form as herein after is direded. jmmiflionei'S. living, ;.c. (therl to be cholcn. III. AND be it further EnaJled, by the Authority aforefaid. That on the Death s.e Aa, 176 or Departure of any of the faid Commiflloners out of this Province, at any Time 'IxxTiln ihu ' hereafter, the remaining Comm.iflioners, or the Majority of them, are hereby fully ciaufe, authorized and impowered to elecl and choofe fome other Pcribn or Perfons to fuc- ceed fuch Commiffioner or Commiffions fo dying or departing as aforefaid ; which Perfon or Perfons fo eleded or chofen, fliall be, and they are hereby inverted with as full Power and Authority, to ail Intents and Purpofes, as if they had been par- ticularly named in this Aft. IV. A N D he it further Enabled, by the Authority aforefaid. That the. Honour- Trearurer xp^ able Roger Moore, Efq-, rtiall be Treafurer and Receiver of all the Monies arifing, p"'"""* 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 CommifTioners to choofe another, he giving Security, to the faid CommifTioners, that he will be accountable for all the Monies which he fliall receive for the faid Lots. _V. AN D be it further Enacted, by the Authority aforefaid. That the faid Com- ccmmiffionets to mifTioners, or any Three of them, as loon as they conveniently can, fhall lay out fo '."y °"' thex-wn much of the faid Lands, fronting the River, for a Town, into Lots of Half an slrem!'' '""^ Acre each, with convenient Streets and PafTages, as they fliall think fufiicient, and the Remainder thereof, not laid out into Lots, fliall be, and it is hereby declared to be a Common, for the Public Ufe of the Inhabitants of the faid Town ; a Plan of which Tov/n and Common the Commiflloners fhall record in the Secretary's Oflice, by which N 2 ' Plan, ioo A. D. 1745. To hy rut pro- per Places for a Church, Eurial- To convey L^ts to any l'erf:n, on Fdyra';n[ ot 31. Lots to be faved irt two Years, or fjifcit.d. Monty arifing by Sale of forfeited L'.ts, to be paid to the Paiiih. Comm'flVin*rs t> fell one L't, to d'.fray the Ex- pence of laying cut the Town, ■What ^ ' nor, and Forty Six. C H A P. I. An Act for the better regulating the Militia of this Government. EXP. CHAP. II. Rep»!i'f(J, I>ut theB unds of An Act for erectiny the upper Tart of Craven County into a County and ParjfJj, and for '*"■ f """'v ^"^ aptcinttng a Fiace jor bmldi7ig a Lourt-tiouje^ Prijcn, a?id Stocks, m thefaid County. by Aa vax.a SfPt. 1756, II- \%J E pray that it may be Enaded, And be it EnaHed., by his Excellency Ga- ^'"''' ^" V V bricl Johnfton, Efq; Governor^ by and ijcith the Adxice and Confent of his countv A\vMt», Majejifs Council, and General .ffjembly of this Province, and it is hereby Enabled, by the '"<' ^^^ "pp.^'■ Authority of the fame. That Cr^w« County be divided by a Line, beginning at the Trft'^racoum^ Mouth of the Southwejl Creek, on the South Side of Neufe River, below Francis ^n*^ i'-"'"'- 6'/;7;z^^r's Terry, running up the laid Creek as far as the aforefaid County extends that Way, and running a North Line from the Mouth of the faid Scuthzceji Creek, as far as the County extends Northwardly ; and that the upper Part of the iaid County be ereded into a County, by the Name of Johnfton County, and St. Pa- trick's Parifh, as divided by a Line that fliall be agreed on by the Commifiioners hereafter named : And that the faid County and Parilh fhall enjoy all the Privilenres and Advantages that any otlier County and Parifh in this Province holds or enjoys; fave only that the faid County fliall fend but Two Reprefentatives, to fit in the Ge- neral Alfembly. CHAP. I04 Z,^/i^5o/ North-Carolina. A. D. 1746. CHAP. III. lt\utt"r^^' -^'^ ^^^ M dividing Edgcomb County and Parijl:^ and for erecting the upper Part Bounds of ihe thereof into a County and PariJIo^ by the Naine of Granville County^ and St. John'5 fftTb nL^ by"'^ P^rifh ; and for appcinting Vefirymen of the faid Parifh. Aft, Sept. 1756, Chjp. 9. jj_ TTTE therefore pray that it may be Enacted, And be it Enacted, hy his County divided, VV Excelkncy Gabriel Johnfton, Efq; Governor, by oid with the Advice and Part'erefted'into Ccnfent of his Majcjlfs CouncH, and General Affembly^ of this Province, and hy the a diftinft County Authority of the fame. That Edgcomb County and Parifh be ditided by a Line, be- 3Dd fatifh. ainning at the Mouth of Stonehoufe Creek, on Roanoke River, to the Mouth of Cy- prefs Swamp, on Tar River, and from thence acrcj's the River, in a direft Courfe, to the Middle Grounds between 'Tar River and Neufe River, being the dividing Line between Craven and Edgcomb Counties ; and that the upper Part of the faid County and Parifh, as divided by the Line that Ihall be agreed on by the CommifTioners hereafter named, be ere6led into a County, by the Name of Granville County, and St. John's Parifh : And that the faid County and Parifh fliall enjoy as many Privi- leges as any other County or Parifh in this Province holds and enjoys, fave only that the faid County fhall fend but Two Reprefentatives to fit in General AfTembly. S I G N E D by Gabriel John-ston, Efq-, Governor. Nathaniel Rice, Prefident. Samuel Szvann, Speaker. ANNO LAWS of North-Carclina. io5 J. D. 1746. %J %# %J %# %^ %#;rn«5%# %# %J 4J ^^. .|^ #f #% f% #4 '?f #f ^^J«^/^% f^-^ §^ ^%. .f%. ^^ Anno regni GEO i I I 11. R K G I S, NiAGN^ BRITANNIA, FRANCIiE, & HIBERNIyE, V I C E S S I M O. At aGeneral ASSEMBLY, held at PViJmington, the Fifth Day of Gasriel ^ fOHNSTCN, December^ in the Year of our Lord One Thoufand Seven Hundred JEfq; Cover- nor. and Forty Six. CHAP. I. An A5f for the letter afertaining the Number of Members to be chcfen for the feveral Counties within this Province, to fit and vote in General . ffemhly \ and for eftcblifbing a more equal Re^refentative of all his Majejlfs S^bjeLs in the houje of Bhr^efcs. REP. C PI A P. 2. An Aol to fix aVlace for the Seat of Gcvermnenty and for keeping Public Offices \ for appointing Circuit Courts, and defraying the Expence thereof \ and alfo for efiablifing the Courts of Jujiice^ and regulating the Proceedings therein. REP. SIGNED by Gabriel Johnston, Efq; Governor, Eleazer Allen, Prefident. Samuel Swann, Speaker. O ANNO io6 LAWS of North-Carolina. A. D. 1746. :^-^ ^^ ^^ ^^ ^^ ^^^ kj)( ^^ ^ ^^ ^^ ^^ ^< ANNO REGNI G E O R G I I 11. REGIS, MAGNiE BRITANNIA, FRANCItE, & HIBERNI^, V I C E S S I M O. At a General ASSEMBLY, held at Newbern, the Seventh Day of Gabriel Efq;" Gwer- Morch, in the Year of our Lord One Thoufand Seven Hundred and Forty nor. J Six. C H A P. L This Aa had its An AB [or appointing Commiffiomrs to revife and print the Laws of this Province, and Eff^c"t. jgy granting to his Majejly for defraying the Charge thereof, a Duty on Wine, Rum, and dijlilled Liquors, and Rice, imported into this Province. C H A P. 2. An A51 to repeal a Claufe in an Act, intituled. An Ad for ereding the upper Part of Craven County into a County and Parifh, and for appointing a Place for building a Court-Houfe, Prifon and Stocks, in the faid County ; a7id the Claufe of an Act, intituled. An A6t for dividing Edgcomb County and Parifli, and for eredling the upper Part thereof into a County and Parifti, by the Name of Granville County, and St. John's Parifli, and for appointing Veftrymen of the faid Parifh ; which direct, that all Public, County, and ParifJi Levies, due from any of the Inhabitants of the faid County _-„ . ... .. ._-'_- -' appointed. Gabriel Johnflon, Ef/]; Governor, by and with the Advice and Confent of his Majeftfs Council, and General Afemhly of this Province, and it is hereby Enabled, by the Authority of the fame. That Mr. Jofeph Howell and Mr. Jofeph Lane, be, and are hereby ap- pointed Commiffioncrs, for finiffiing the faid Line betv/een Part of Edgcomb, Beau- fort, and Johnflon Counties, already begun and carried on, to the Mouth of Cheek'^ Mill Creek, in Beaufort County, on Tar Riyer ; and from thence fliall run, Avith a P fcraight 11^ LAWS of North-Carolina. A. D. 1748. ftraight Line to Conientnee, at the Mouth of Tofneat Swamp, and thence up the Km -^^iiirf main Stream of Contentnee^ oppofite to the Mouth of Cyprefs Swamp, on 'Tar River ; which faid Line, when run by the Commiflloners aforefaid, fhall be by them entered on Record, in the Court of Edgcomh County aforefaid, and Ihall hereafter be deemed and taken to be the true Bounds of the faid County. Tax to belaid to IIL AND for defraying the Expence of continuing the running the faid Botin- defray the Ex- ^^^ Lines, Bc it EfiaEfed^ by the Authority aforefaid^ I'hat it fhall and may be lawful for the Juftices of the faid County Court of Edgcomb, and they are hereby authorized and impowered, to lay a Tax on all the taxable Perfons within the laid County, not exceeding Three Pence, Proclamation Money, for defraying the Expence of finifliing the faid Line, and recording the fame as aforefaid ; which faid Tax fhall be paid and collefted in the fame Manner, and at the fame Times, other Taxes are colleded and paid in the laid County. Repeaiingciaufe. IV, AND be it further EnaBed^ by the Authority aforefaid^ That all and every Claufe and Claufes of the A61, intituled. An Aci for afcertaining the Boundary Line between Tyrell County^ and Beaufort County^ and between Edgcomb County^ Tyrell County^ and Beaufort County^ fo far as relates to running the Boundary Line between Edgcomb County and Beaufort County, is and are hereby repealed and made void, as if the fame had never been made. CHAP. VL An AB for defraying Vermin in this Province. REP. C H A P. 7. An Aol to enlarge the Time for the Commiffioners of the Roads, appointed by the A£l of Affembly pajfed April the Twentieth, One Thoufand Seven Hundred and Forty Five, intituled. An Ait to impower the feveral Commiflioners herein after named, to make, mend, and repair, all Roads and Bridges, Cuts and Water Courfes, already laid out, or hereafter to be laid out, in the feveral Counties and Diflrifts herein after appointed, in fuch Manner as they judge molt ufcful to the Public, to recover the feveral Sums due from Lefaulters. REP. 8. An Act to provide indifferent Jurymen in all Caifes, both civil and cri- minal, and for an Allowance for their Attendance. REP. Provided for by 9. An Act to alter the Times for holding the Courts for the County of 'New- CourtA? Hanover. C H A P. X. An AoJ for granting unto his Majefty the Sum of Twenty One Thoufand Three Hundred and Fifty Pounds, Proclamation Money, and for ft am ping 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 Proclamation Money ; to be applied towards building Fortifi- cations in this Province, Payment of the Public Debts, exchanging the prefent Bills cf Credit, and for making proper Provifwn for defraying the contingent Charges of the GovernmejJt ; and for repealing the feveral Laws herein after mentioned. PreamWc, I, TYTHEREAS duHng the prefent War with France and Spain, this Province W li!ith received great Damage, by the Enemiies Privateers coming into the Ports and Harbours of the fune, which are entirely defcncelcfs, and without any Fortifications, and taking and carrying away the Veflels thereout, and landing and plundering the Inhabitants : And whereas the great Scarcity of Currency is fuch, that it is imprafticable to raife a Sum by an immediate Tax on the People, fuffici- ent for building proper Fortifications, for the Defence of the faid Ports, and to difcharge the Public Debts : Wherefore, II. AVE L A IV S of N O R T H - C A R O L I N A. "5 2000I "1 lie pa id tiie N .iihi.r.'i Trealuitr, t.;r a F"rt,fiwH.^ii at Ocacc^lw lukt. II. WE pray that it may be Ena6led, And be it Enacted, by his Excellency A. -D. 1748 Gabriel Johnlton, Efq; Governor, by and -imth the Advice and Conjent of his Majejty's Cou-icil, and General Ajemb'y of this Province, and it is hereby Enac'ied, iy the Authority of the jame. That out of the current iJills of Credit tu be enutted by this Aft, the Su:n of Two Thoufand Pounds ihail be dcpofited by the faid Commiffion- ers, in the Hands of '■Thomas Barker, Gentleman, Treaiurer for tiie Northern Coun- ties, or the Treafurer for the iaid Counties for the 1 ime being, for the building a Fortification at or near Ccaccck Inlet, for the Satety ana Defence of that Harbour ; and the CoinmhTioners hereaker named fliall have lull Power and Authority to build the faid Fortification, 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, luch Su^n or Sums of Money as fhall become due to the feveral Workmen employed by them in building the laid Fortification •, and the faid Trea- furer is hereby req lircd, on fucji Warrant or Wan ants being produced to him, to pay the fa.'.ie accordingly. III. AND be it further EnafJed, That his Excellency the Governor and Corn- man ier in Chief for the Time being, Mr. Benjandn Peyton, Mr. Samuel Smclare, Mr. Francis Stringer, Mr. Janes MackleiJi-ean, Mr. John Hayzvood, and Mr. Peter Payne, be, and are hereby appointed Commiirioners, l^r erccliiiig and building the faid Fortification. IV. AN D be it further Enabled, by the A.ithority aforefaid. That the Sum of One Thoufand Five Flundrcd Pounds mail be dtpulued by the laid Commiffioners in the Hands of Edzvard Mo/e'ey, E!q-, Treaiurer for the Southern Counties, or the Trea urer of the laid Counties tor the Time being, for the building a Fortification or Fortifications at or near OLi Top-Sail inlet, tor the Safety an 1 Deience of that Harbour; and the CommilFioncrs hereafter named ihail have full Power and Autho- rity to build the faid P'ortification or Fortifications, and, by V/arrant 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 Treaiurer, fuch Sum or Sums of' Money as lliall be- come due to the icveral Workmen employed by them, in bulking the faid P'ortifi- cation or Fortifications •, and the faid Treaiurer is hereby required, on fuch Warrant or Warrants being produced to him, to p-iy tne laine accorciingly. V. AND be it further Ena.'Jed, That his Excellency the Governor or Com- mander in Chief for the Time being, Mr. Thomas Lovick, Mr. /.rthur Mabfcn, Mr. John CHtherall, and Mr. Jofep'. Bell, be, and are hereby appointea Commiinoners, ■'or eredinj; and buildino; the faici Fortification or Fortifications. Cnmmifll ners apDoirred, for bui'ding the faid Fott. li;ool fnr a F'-r- t.fic.niinatTtp- fail h,UU Commiflioncj* appuinced for it. VI. AND be it further Enacted, by the Authority a''orefaid. That the Sum of Five Hundred Pounds ihail be depofited by the laid ConimiiTioners, in the Hands of the Treaiurer of the Southern <^ounties aforefaid, or the Treafurer of the laid Counties for the Time being, for the building a Fortification at or near Bear Inlet, for the Safety and Defence 01 that Harbour ; and the Commiffioners hereafter named fliall have full Power and Authority to build the laid Fortification, and by Warrant under their Hands, or the Flands of the major Part of them, to draw, from Time to Time, out of the Hands of the laid Treafurer, fuch Sum or Sums of Money as fliall become due to the feveral Workmen employed by them, in building the faid Fortification^ and the faid Treafurer is hereby required, on fuch Warrant or War- rants being produced to him, to pay the fame accordingly. 500 1 for a Foit at Bear Inlet. VII. AND be it further Ena^ed, That his Excellency the Governor and Com- mander in Chief for the Time being, Mr. Sannieljohnfion, Mr. Edward H'^Wd, Jun. Mr. Stephen Lee, an i Mr. John Starkey, be, and are hereby appointed Commiffion- ers, for erefting and building the faid Fortifications. CommlTi ncrs appointed for ifj VIII. AND be it EnaEied, That the Sum of Two Thoufind Pounds fliall be depofited by the faid Commiffioners, in the Hands of the Treafurer of the Southern P 2 Counties 200(^1. (or* For* at Cape Fcai. i i6 L A IP^ S of North-Carolina. Commiffi appJintcd tuild it. ^. D. 1748. Counties aforefaid, or the Treafurer of the faid Counties for the Time being, for the buil ling a Fortification at or near the Mouth of Cape Fear River, for the Safety and Defence o' that Harbour; and that the Commiffioners appointed by an Aft of '"^« the General AfTembly, intituled, An Att for erecting a Fcriificaticn on the lower Part of Cape Fear River ^ for applying thereto the Powder Money already crifem, cr tvhich fl^all arife, by Shipping coming into the Port tf/Brunlvvick, to be laid out and applied towards building a Fortification at Cape Fear, fliall have full Power and Authority, by War- rant under their Hands, or the Hands of the major Part of ihem, to draw, from Time to Time, out of the Hands of the faid Trtafurer, 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 Ai- Warrants being produced to him, to pay the fam.e accordingly : And the faid Treafurers fhall be allowed One per Cent, for receiving the faid Money, and paying the fame out again, as aforefaid. Trssfurei lowance. Cnmmiflioners jjipointed fjr e. mitting 21,3:01, feais uV CKdit. Current Bills to be exthanged v.'uhm 1 Vear. Public Debts to be paij by the Commiffijiiers, Bills en/itted by this Aa, lawful Tender. Pen, on Coun- tcrkiters. IX. A'NT) be it further Enacted, by the Authority aforefaid. That Eleazer AFen, Edward Mofely, and Samuel Swann, Efqrs, and Mr. "John Star key, are hereby ap- pointed, authorized, and impowered Commiffioners, to ftamp and make out, or caufe to be ftamped, with Copper Plates, and figned with their Hands, Public Bills of Credit of this Province, to the Amount of Twenty One Thoufand Three Hun- dred and P'ifty Pounds, at the Rate of Proclamation Money ; that is to fay. Two Thoufand Bills of Four Pence each. Two Thoufand Bills of Eight Pence each, Two Thoufand Bills of One Shilling each, Tv/o Thoufand of Eighteen Pence each. Two Thoufand of Two Shilhngs each, Two Thou'and of Two Shillings and Six Pence each. Two Thoufand of Three Siiillings each. Two Thouland ot Five Shil- lings each, Two Thoufand of Six Shillings each, Two Thouland of Seven Shillings and Six Pence each. Two Thouland 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. X, AND be it further Enacted, by the Authority aforefaid. That when the afore- faid Bills are ftamped and figned, the Commiffioners aforelaid fliall, within Tweh e Months, exchange the Bills now current, after the Rate of One Shilling, for Seven Shillings and Sixpence, of thole which are at prefent current ; wiiich Difference of Seven Shillings and Sixpence, for One Shilling, Proclamation, hath continued for divers Years paft, and is at prefent the true Difference ; and that alter the Expiration of the Twelve Months aforefaid, the prefent Bills of Credit fliall not be exchanged, nor fhall be a Tender, or taken in any Payment whatfoever. XL AND be it further Enacted, by the Authority aforefaid. That out of the Reft of the Paper Currency, to be ftamped and emitted by this Adf, the feveral Perfons to whom the Public is Debtor, according to the Schedule hereunto annexed, -ihall be paid the Sums refpeftively due to them by the Com.miffioners aforefaid, fo foon as the fame may be conveniently done, after the Bills by this Aft to be emitted fhall be ftamped and figned, of which the Commiffioners aforefaid are to give truly and proper Notice, by Advertifements, fet up at the feveral Court-Hcuies in this Go- vernment, that they will attend at Newbern, to exchange the faid Bills, and pay off the Public Debts, during the Sitting of the Two next fucceeding General Courts, after fuch Notice fet up as aforefaid. XII. AND be it further Enacted, ly the Authority aforefaid. That the Bills of Credit to be emitted by this Aft, fhall be current, and a lawful Tender in all Pay- ments whatfoever, as Proclamation Money, or as Sterling Money, at the proper Diff^erence there is between Proclamation Money and Sterhng ; that is to fay, at Four Shillings, Proclamation Mpney, for Three Shillings Sterling. XIII. AN D be it further Enacted, by the Authority aforefaid. That if any Perfon or Perfons fhall counterfeit, alter, or crafe, any of the Public Bills of Credit of this Province, LAWS of N O R T H - C A R O L I N A. ^'7 RemiirHcrrf the Public Munry where to be kejt. Province, or fa:.!! aid or affill in counterfeiting, altering, or erafing fuch Bills, or ^- D. 1748. fhall utter any of the faicl Bills, knowing them to be fo counterfeited, aliercd, or erafed, fuch Ferfon or Perfons fo offending, fcali, for the firir Offence, be whipped, at the Difcretion of the Court, not exceeding Forty Laflies, and ftand in the Pillory Two Hours, and have both Ears nailed to the Pdlory and cut off-, and for tii'e fecond O.Tence, be deemed a Felon, without Benefit of Clergy, and Ihall be ad- judged and fufier accordingly. XIV. AND be it further EnoS:cd^ by the Authority nf ore/aid^ That after the fe- veral Sums by this A61 directed to be emitted and paid, iliall have been fet apart for the Purpofes before mentioned, the Refidue and Remainder of the aforefaid Sum of Twenty One Thoufand Three Hundred and Fifty Pounds, fhall be and remain in the Cuftody and Keeping of Mr. John Carmthcrs, in Nezvbern^ in a lirong Cheflr, well 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 for the Time being-, the third 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 Ch.irges of Government, as the Governor, Council, and General Affembly, fiiall diredt ; and the fame Chefc (hall not be opened for ilTuing the Bills of Credit, but in the Prefence of the feveral Perfons with whom the Keys are by this Ad intruifed, unlefs otherwife ordered and directed by the General Affembly. XV. AND be it further Enacted, by the Authority aforefaid. That the Sum of One Shilling, Proclamation Money, be annually levied on every taxable Pcrfon within this Province, and be collected by the Sheriff of every refpc-^tive County, and Ihall be paid ia Gold, Silver, or Bills oi Credit, on or before the Firfl Day o{ March, yearly ; and that all Perfons neglecting 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-Pay- ment of other Taxes ; and the laid Sheriff' of each and every County, on or before die Tenth Day of June, yearly, fhall return a Lift of Taxables, and alio account, upon Oath, and pay into the Hands of the Public Treafurer of the rcfpedtive Coun- ties, all fuch Sams of Money as he fhall have received by Virtue of this A6t, under the Penalty of Two Hundred Pounds, Proclamation Money, for every Default j which faid Penalty fliall be recovered by Aftion of Debt, Bill, Plaint, or Informa- tion, in the Supreme Court of this Province, by any Perfon who fhall fue for the fame ; wherein no Effoin, Injunction, Protection, or Wager of Law, fhall be allowed or admitted of; the one Moiety to him or them who fliall fue for the fame, the other to be applied by the General Affembly of this Province, for the Ufe the Tax by this Aift is intended : And the faid Affembly fhall caufe the faid Bills, fo paid in, to be annually burnt and dcflroyed, until the v/hole Currency fhall be funk. XVI. AND v/hcreas there are divers confiderable Sums of Loan Money due and unpaid, and the Power of the Treafurers to make Diftrefs is already expired ; Therefore be it Enacted, That the feveral and refpeftive County Treafurers, their Heirs, Executors, or Adminiftrators, fhall, and are hereby impowered and autho- rized, at any Time hereafter, to make Diftrefs of all Goods and Chattels of Perfons who are indebted for any Loan Money, or for Want of fuch Goods and Chattels, to fcize and difpofe of fuch mortgaged Lands, in Order to difcharge fuch Sum or Sums due and in Arrear on fuch Mortgages ; the Expiration of any Law, to the Contrary, notwithftanding. XVII. AND be it further Enacted, by the Authority aforefaid. That the feveral County Treafurers, their Heirs, Executors, or Adminiftrators, fliall pay, to the Public Treafurer of the refpeftive Counties in this Province, all the Bills of Credit now in their Hands, or which hereafter fhall be by them, or any of them, refpeftively received ; and the fiid Public Treafurer fhall account with, and pay to the General Affembly, all fuch Sums of Money as they fhall receive in Virtue hereof; which fhall be burnt and deftroyed : And the Clerk of the Affembly fhall keep a fair Account of 5II Monies that fhall, from Time to Time, be paid in and burnt., XVIII. AND Tat tn ht hM, fr finking ths B.lis. SheilfT to retura a Lirt of Tjx^- b es, atiH act. unt With the Trea- futer, un Hen. of 2Col, This Clat.fe al- t ti:>l, l-y Att S.pt 1751, Ch. p 4. Cvunty Treafu- rtis to make D.f. iicfs <*> <*> <*> ■{*> <*> <*> <*> <*> <*> <*> «(*> <*> <*> <*> <*> <*> <*> «(*> <*> -^NNO Ly^/r«So/ North-Carolina* 123 ^. D. 1749. >^ ^^ ^^ ^-^ 5^^ ^-^ k.j»^ ^^ ft ^^ ^^ ;fc^^ #% ANNO REGNI G E O R G I I II. REGIS, MAGN.E BRITANNIA, FRANCIiE, & HIBERNIiE, VICESSIMO SECUNDO. At a General ASSEMBLY, held at Newbern, the Fourteenth Day of ^ ... Aprils in the Year of our Lord One Thoufand' Seven Hundred and Forty Efq; Cover- nor. Nine, CHAP. L An additional Act to an Act, intituled. An Aft for forming a Rent-Roll of all the Lands holden in this Province, for quieting the Inhabitants in their Poflefllons, and for directing the Payment of Quitrents. REP. C H A P. II. See Afl Nov. An Act for the Relief of poor Debtors, as to the Iniprifonment of their Perfons. for aierding thii ! Aft. I. T) E it Enacted, by his Excellency the Governor, Council, and General Affembly of J3 ^^^^ Province, That if any Handicraft Tradefman, or any other Perfon p^j^,^^^, ^^^ whatloever, lliall be in Prifon within this Province, on mei'ne Procefles, or Execution, d i>r pioving for any Debt above Forty Shillings, Proclamation Money, and hath no vifible ',^„^7h''lor w Eftattr, real or perfonal, and fhall make Oath, before the Court of the County be fet at Liberty, where he is in Prifon, or in the Vacation, before fome Two Juftices of the Peace for that County, being both prelent together, the Creditor or Creditors at whofe Suit he is confined being firll perfonaliy fummoned to appear at the fame Time, That he hath not the Worth of Forty Shillings Sterling Money, in any worldly Subftance, either in Debts owing to him, or otherwife howfoever, over and belides his wearing Apparel, working lools, and Arms for Mufter -, and that he has not, at any Time fince his Imprifonment, or before, directly or indiredly, fold, afTigned, or otlierwifc difpofed of, or made over, in Truft for himfelf or otherwiie, any Part of his real or perfonal Eftate, whereby to have or expeft any Benefit or Profit to himfelf, or to defraud any of his Creditors to whom he is indebted ; and if there be no Perfon prefent that can prove the contrary, then fuch Perfon, by fucii Court or Juftices, without Form of Trial, fliall immediately be fee at Liberty, and fliall 0^2 ftand J 24 Ly^^So/ North-Carolina. J. D. 1749. ftand for ever difcharged of all fuch Debts fo lued for, and all Cofts of Suit : But in Cafe fuch Perfon Ihall afterwards be difcovered to have fwcrn fallely, he fhall be indided for Perjury •, and, if convicted, fhall lofe both his Ears in the Pillory, and be liable to fatisfy the Debt and Damages. jufticcsto put II. AND he it further Enacted, That the Juftices of the Peace, when the Pro- the Proceedings ceedlngs arc before them out of Court, fliall put the fame in Writing, under their Writing/and Hands, and return the fame into the Court from whence the Execution ifiucd, there make Return t^o ^^ j^^ j^^pj. ^^ Record, Under the Penalty of Five Pounds, Proclamation Money, for ofsi.' " each Jultice, for fuch his Omiflion or Negled; to be paid to the Perfon injured, by Order of the faid Court. PerfonsinFxecu- \\i^ AND be it further Enacted, That if any Perfon charged in Execution for uplhTi? Ef^as' any Sum, in any Prilbn within this Province, fhall be mindtd to deliver up all his t>y Petition to Eflcfts to hls Or hcr Creditors, it fhall be lawful for iuch Prifoner to prefer a Petition to the Court from whence the Procefs iffued, fetting forth the Caufe of Imprilon- meni, and an cxa6l Account of his or her Eftate, and all Circumftances relating thereto ; and on fuch Petition, the Court fhall order the Priloner to be brought, and the Creditors at whofe Suit he is charged, to be fummoned ; and on the Day of Appearance, if any of the Creditors neglect to appear, on Proof n ade of the due Service of the Court's Order, the Court fhall proceed to examine the Matter of the Petition in a fummary Way, and fhall tender to fuch Ptrion an Oath, to the EfTcdl following : b^'thI"D4to'''" T ^'^' do fo'emnly fwear, in the Trefence of Almv;hty Gcd, That the Account by me J|_ delivered, with my Petition, into this Court, doth contai7i a full and true nccount of all my real and perfonal Eftate, Debts, Credits, and Effects, whatfcevcr, which I, cr any in Truft for me, have, or at the Time of my faid Petition had, or now can, or then was, in any Rejpect, intituled to, either in Pcffjficn, Remainder, or Rcverficn (except my wearing Ai, par el for myfeU and Family, and the Tools or Infirm i.tnts for my Iradc, ar:d Arms for Mufter) and that I have not, at any Time fnce my Imprijcnment, or befoi e, directly or indirectly, fold, aliened, affigned, cr otherwif diJicfed of, cr made ever, in Truft for myfelf, cr otherwije, other than is mentioned in fuch Account, any Part of r,j Lands, Eftate, Goods, Stock, Money, Debts, cr it'.er real cr perfonal Eftate, whereby - to have or expect any Benefit or Profit to myfelf, or to defraud anv of my Creditors to whom lam indebted. SO Pi E LP ME GOD. Proceedings to be IV. AND be it further Enacted, That if fuch Ptrfcn take fuch Oath, and the sweldVr^'n^ Creditor be fatisfied with the Truth thereof, the Court may order the Eficds con- Nnrrtnder, and _ , ' ^ J ^ Oath tjken. taincd in fuch Account, or fo much rs may be fufficient to fatisfy the Debts and Fees due to the Jailor, to be, by an Indorfement on the Back of tlie Petition, figned by the Prifoner, affigned to the Creditor or Creditors, or to one or note ol them, in Trufb for the Reft; and by fuch Afllgnment, the Eflate and Property cf the Lands, Goods, Debts, and Effects, fhall be vefbed in fuch Creditor or Creditors, in Trufl, as aforefaid ; and the Prifoner fliall be difcharged out of Cultcdy, by Order of the Court, without Fee; and the Perfon or leiions to whom the Efflfis fliall be affigned, paying the Fees to the Jailer, fliall divide the Effedls, in Propor- tion to their Debts : But if the Perfon or Perlbns at whofe Suit the Prifoner is in Execution, fhall defire Time to inform him, hcr, or thcmfelves, the Court fhall remand the Prifoner, and dire6t him, and the Perfon or Perfons diffatisfied, to ap- pear, at a Day, in the next fucceeding Court ; and if at fuch Day the Creditor or Creditors make Default, or if he, fhe, or they, be unable to make Difcovery of any EfTefts of the Prifoner omitted in his Petition, cr to flitw any Probability of his having been forefworn, the Court fliall caufe the Prifoner to be difcharged, unlefs iuch Creditor or Creditors, on his being detained, agree, by Writing, to pay tlie Prifoner Ten Shillings, Proclamation Money, by the Week, to be paid v/eckiy, fo long as he or flbe fnall continue in Prifon, at his, her, or their Suit ; and on Failure of Payment, the Prifoner fliall, on Application m.ade to the Court, be difcharged by Order: L /I W S of N O R T H - C A R O L I N A. ) 2 > Ordtr: And in Cafe the Prifoner fliall refule to take the Oath, or fliaii be dcLedcd ^- 1>- 1749. of Faifity therein, he fnail be remanded. ''- ^' ' V, AND be it further Enacted^ That the Perfon of every Debtor fo difcharged. Debtor free from fhall never after be arrcfted for the fame Debt; but the Judgment fhall remain in fuJhofb't?'^ *"' Force, and Execution may be taken out againil his Lands or Goods (his wearing Apparel for himfeif and Family, Tools for his Trade, and Arms for IVIuller, ex- cepted.) VI. AND be :t further Ena^ed^ That if any Perfon who Ihall take fuch Oath, Debtor commit- Ihall, upon Indiflment of Perjury, be convidled thereon, he fliall fuffcr all Pains of lo^havTth' b". wih'ul Perjury, and fliail be liable to be taken on a new Proceis ; and Ihall never "^fic oi this aa, after have the Benefit of this Aft. Vn. AND be it further Enabled, That if the Effcfts afligned ihall not extend ^ff^«= ";' ^-^^ to fatisfy the whole Debts due to the Perfon or Perfons at whofe Suit fuch Prifoner tHbite in i''r"- was charged, and the Fees, there fliall be an Abatement in Proportion ; and the po^'"^"- Jailer fhall come in, as a Creditor, for his Fees. VIII. AND be it further Ena^ed^ That no Perfon charged in Execution fhall f ?'''? ''•,h'" "' hi allowed to petition by Virtue of this A6t, unlefs fuch Prifoner do exhibit his Cx Months. Petition to the Court from whence the Execution ilTued, within Six IVIonths after fuch Perfon Ihall be fo charged ni Execution. TX. AND be it frther Ena^ed, That v/here by this Aft an Oath is required, Qii^'-fr'' ^ffir- the fjlemn xViBrmation of a Qiiaiver fliall be taken, in Lieu thereof; and every Perfon convifted of v/iiful and falle affirming, fliall fufFer the like Penalties as for wilful and corrupt Perjury. CHAP. III. An A^ for the Encoura^^ement of James Davis, to fet np^ and carry on., his Biifinefs of a Printer., in this Province \ and for other Piir^ofes therein mentioned, E X P. CHAP. IV. An AJI dircriing the Method for cutting or docking hit ails of f nail Efiates. I. T'^THEREAS divers Perfons are feized of fmall and inconfiderable Pieces preamble; VV of Land, in Tail, often ignorantly, without Defign, devifed in Tail, by their Aucciiors ; and the Method of defeating fuch Eftates in Fee-Tail, general or fp^cial, within this Province, by Aft of General AflTembly, in fucli particular Cafe to be made and provided, is found too expenfive for poor People feized of fuch Lind to go through with ; and therefore the docking Intails by fome eafier jVTethod v.'ili be a great Relief to fuch poor People and their Families, whereby they would be enabled to puich.ife other more improveable Lands and Slaves : 11. W FI E R E FO R E we humbly pray your mod Sacred Majefty that it may Mchnd rf Hock. be EnaftcJ, And be it Ena^ed^ by his Excellency the Governor^ Coiini.il, and General '"t i""''^- Affeinbly of this Province, That it fliall and may be lawful for any Perfon or Perfons, Icized in Fee-Tail, general or fpecial, of or in any Lands or Tenements v/ithin this Province, not excecJing the Value of Fifty Pounds Sterling Money, and not being Parcel of, or contiguous to, other intailed Lands of the fame Parties, to fue out a Vv''rlt from the Secretary's OiHce, in the Nature of an Ad quod Damnum, direfted to tlie SheriiT 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 v/hether th.^y be Parcel of, or contiguous to, other intailed Lands of the fame Party, as aforefaid ; J26 L A IV S of North-Carolina. jl. D. 1749. aforefaid; and fuch Sheriff fhall return his Inquifitiort to 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, reciting the Title of fuch Inquifition (wherein a valuable Confideration fhall be exprelfed, and bona fide paid) acknowledged by the Party, or proved by two WitncfTes, before the Chief Juftice, or any of the Aflbciate Judges, or in the Court of the County where fuch Lands may lie, within Six Months after the Date thereof, and regiflered, within Twelve Months, in the County where fuch Lands lie, Ihall be fufficient in Law to pafs the Fee-Simf)le Eftate of fuch Lands to the Purchafer or Purchafers thereof-, and the Right of the Iffue of the Vendor, and all other Perfons in Remainder or Reverfion, fhall be barred in the fame Manner as the fame Eftate might be barred by Fine and Recovery, ac- cording to the Laws of England. S I G N E D by Gabriel Johnston, Efq-, Governor Nathaniel Rice, Prefident. Samuel Swann, Speaker. ANNO LAWS 0/ N O R T H - C A R O L I N A. 12/ ji. D. 1749. ANNO REGNI G E O R G I I II. REGIS MAGNiE BRITANNIiE, FRANCI/E, & HIBERNI^, VICESSIMO TERTIO. . At a General ASSEMBLY, held at Newbem, the Sixteenth Day Gaekiel Johnston, of OBober, in the Year of our Lord One Tho^fand Seven Hundred ^o?/ ^"''^ and Forty Nine. CHAP. L An A5t to put in Force In this Province the feveral Statutes of the Kingdom 0/ England, or South Britain, therein particularly mentioned. R E*?. C H A P. 2. An Act to revive a Claufe in an Act of the General AJfembly of this Pro- vince, intituled. An Aft to fix a Place for the Seat of Govenvr.ent, and for keeping Public Offices ; for appointing Circuit Courts, and defraying the Expence thereof; and alfo for eftablifhing the Courts of Juilice, and regulating the Proceedings therein ; paffed the Fifth Day 0/ December, One'fhoiifand Seven Hundred and Forty Six. EXP. 3. An additional Act to an Act, intituled. An Aft to provide indifferent Jurymen in all Caufes, both civil and criminal, and for an Allow- ance for their Attendance. REP. 4. An Act for altering, explaining, and continuing an Act, intituled. An E*?'"'' ^^^ "''' Aft for the better regulating the Militia in this Government. 5. An Act to appoint a Public Treafurer, in the Room of Edward Mofeley, £/ji deceafed. EXP. CHAP, 128 Obfolete, all but the 3d, 4th, anil 5th ScfilOQS. What Specie the fevetal Fines are LsWs lepealed, &c. and Titles to be pririted. All Things here- (ofore di>ne by "\{irtue of the Laws now re- pealed, &c. de- tliXKH valid. LAWS of Nokth-Carolina, ji. D. 1749. CHAP. VL /in Act to confirm the feveral Acts of Affembly of this Province therein mentioned^ as revifed by the Commijfioners appointed by an Act of the General Affembly of this Pro- vince, intituled. An Aft for appointing CommilTioners to revifc and print the Laws of this Province, and for granting to his Majefty, for defraying the Charge thereof, a Duty on Wine, Rum, and diftilled Liquors, and Rice, imported into this Province ; and fuch other Laws of this Province as have been paffedfmce the f aid Revifal; and to direct the printing of the faid Laws. III. AND be it further Enacted, by the Authority aforefaid, Tliat all Fines and For feitures mentioned in any of the before recited Laws -^—--^ "•-'- Species of Money is not fpecially named, the fame Ihall and adjudged to be Proclamation Money, and no other. where the particular underftood, deemed. IV. AlSl D be it further Enacted, by the Authority aforefaid. That all and every A61 and Adls, Claufe and Claufes, Sedion and Sedions, of all and every A6t and Afts of the General Affembly of this Province, in the faid revifed Laws or Afts of the General Affembly, mentioned to be obfolete, expired, and repealed, are hereby enabled and declared to be obfolete, expired, and repealed ; and the Titles, with fuch Note only, be printed. V. P^RO FID E D always, neverthelefs, and it is hereby EnaHed, That all and every Judgment, Order, Decree, or Sentence, of any Court heretofore given or paffed, and all and every Matter or Thing heretofore done and performed, by any Officer or Officers, judicial or minifterial, or by any other Perfon or Perfons what- foever^ in Virtue and by Force of any A61 or Ads, Claufe or Claufes, of any Aft or Afts of the General Affembly of this Province, in the faid revifed Laws, men- tioned to be obfolete, expired, or repealed, Ihall be deemed, held, and be taken for good and valid in Law, to all Intents and Purpofes, as if the faid Afts were continued and in full Force ; any Thing herein before contained, to the contrary, in any wife, notwithftanding. SIGNED by Gabriel Johnston, Efq; Governor* Nathaniel Rice, Prefident. Samuel Swann, Speaker, ANNO L^/^ repeal- An A3 for ereHin-r the upper Part of Bladen County into a Comity and ParifJ:, by the J^.'""J»"ft'i'e Name of Anfon County, and St. GeorgeV Parifh ; and for appointing a Place for '^2''\UtJZ building a Court-IIoufe, Prifon, and Stocks, in the faid County. cdhv Aft, sept. 1755, Chap. 9. ^"' 1A/'^?''^'t'? 'n "^^y ':>^ Enafted, And be it EnaHed, by his Excellency D;v;fi,..fthc V V Gabriel John(co:i, Ejq; Governor, by and ivith the Advice and Confent of ^"""'y- /;/; Maffty's Council, c^nd the General /ifjerr.bly of this Province, and by the Authority of R ' ih, the i^o Ly^^iSo/ North-Carolina. J. D. 1749. the fame. That Bladen County be divided by a Line, beginning at the Place where ^— '■v~— ' the South Line of this Province crofleth the Wcflermolt Branch of Little Pee Dee River, then by a ftraight Line to a Place where the CommifTioners for running the Southern Boundary of this Province croffed that Branch of Little Pee Bee River, called Drowning Creek, thence up that Branch to the Head thereof ; then by a Line, to run as near as may be equidiftant from Saxpahaw River, and Great Pee Dee Ri- ver ; and that the upper Part of the faid County and Pari(h, fo laid off and divided, be ereded into a County and Parifh, by the Name of /Infon County, and Si. Cecrge'^ Parilh ; and that all the Inhabitants to the Weftvvard of the afore-menticned divid- ing Line, fhall belong and appertain to Anfcn County : And that the faid County and Parifh fliall enjoy all and every the Privileges, which any other County or Pa- rifli in this Province holds or enjoys. CHAP. III. ue eaied b AS, -^-^ additional AEl to an A5f, For obtaining an exad Lift of Taxables, and for tlie November 1760) cffccftual coUcfting as well all Arrears of Taxes, as all other Taxes, for the future "^^'P- *• due and payable. CHAP. IV. An Act to enable the Jujlices of the feveral Counties to provide certain Law Becks, for the Ufe of their County Courts. juft-ccs imp-w- I. -r^ E it Enacted, by his Excellency Gabriel Johnfton, Efq^-, Governor, hy and ivith T^..l!kS"^" O the Advice and Ccnfent of his Majefiy's Council, _ end General Affemlly of this Province, That the Juftices of each County Court within this Province Ihall and may have full Power and Authority, in fome convenient Time, according to their Dilcretion, to purchafe and provide the lateft Editions of the Law Books lollowing, to wit ; Nelfoit's Juftice, Carfs Abridgment of the Statutes, Suinhurn ot Wills, or Godolphin's, Orphan's Legacy, and Jacob's Law Diftionary, or IVood's Inftitutes : Which Books, when provided, fhall be, for ever after, for the Ufe of the County Court, and fnall be kept in the Offices of the feveral Clerks, and conftantly, during the SittincT of every County Court, laid, by the Clerk of each Court, on the Court Table, for the U e and Perufal of the Juftices of fuch Court, and of all fuch as may have any Matters depending in Court. Fenaity o.T th= J], A N D bc it fi/rthcr Enactcd, by the Authority aforefaid. That if any County ^!'yts°L'^^h Court Clerk fhall abufe or deftroy, or fufFer to be abufed or deftroyed,^ any of the Buoks, Books fo committed to his Care, he fhall be fined, at the Dilcretion of the Court, for fuch his Neglect : Which Fine fhall be applied tov/ards repairing the Lofs or ' Damage of fuch Books, occafioned by fuch Negleft. Tnx fo be laid jjj^ A N D be it further Ena5Ied, by the Aithority aforefaid. That the Juftices L'lr'''^'"^ in the feveral County Courts ftiall have full Power to lay fuch an additional Tax on their refpeftive Counties, as fhall be fufficient to purchafe and provide the Books aforefaid, and fhall apply the fame accordingly. C H A P. V. An Act to encourage Michael Higgins to build a Bridge over Trent River, near Wick- liff'j Ferry, in Craven County. Privv.c. I, ^TTHEREASa Bridge over Trent River, near the Place called WickHff\ VV Ferry, would be much for the Conveniency of all Travellers, and Michael^ Iliggins being delirous of building one there at his own Expence, on Condition ot having the Benefit thereof for the Space of Twenty Five Years : II. BE L A ^P^ S o/North-Garolina. 13 c II. B E it Enacted, by bis Excellency G2.hv\t\ }o\-\n?ton, Efq^ Governor^ by and ivith A. D. 17^9. the Advice and Confent cfhis Majejffs Council, and the General yljferr.bly of this Froilnce, p^l^i^J^TBTjT w and by the Authority of the fame. That it fhali and may be lawkil for the faid Michael be buiii. " Higgins, his Heirs or Affigns, to ereft and build a good fubflantial Bridge over Trent River, as near as he conveniently can to the Flace where the main Road crofleth the faid River, near the Place commonly called IVickliff's Ferry ; and after building the faid Bridge as aforefaid, it fhall and may be lawful for the faid Michael Higgins, his Heirs, Executors, Adminiftrators, or Affigns, to keep a fufficient Gate thereon, and take and receive from all Perfons that fliall pals over the fame, the following Rates, that is to fay : For every Man and Horfe, Four Pence ; for Toiirctt'.cd. every Carriage drawn by One or Two Horfes or Oxen, One Shilling -, and for every 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 greater or lefTer Number of Hogs or Sheep ; lor and during the Space of Twenty Five Years, and no longer. III, AND be it further Enabled, by the Authority aforefaid. That after the faid Pen. on Perfons Bridge is fo built and compleated as aforefaid, it Ihall not be lawful, during the ^^Xxn e^Miies Time the faid Bridge Ihall be kept in Repair, and fit for Travellers and Carriages ot faid "Zi.iifi. to pafs and repafs over the fame, for any Ferfon whatfoever to keep any Ferrv, build any Bridge, or fet any Perfon or Perfons, Carriage or Carriages, Cattle, Hos-s or Sheep, over the faid River, for Fee or Reward, within Six Miles of the fanie, during the Time aforefaid, under the Penalty of Twenty Shillings, Proclam.ation Money, for each and every Offence ; to be recovered before any Magifbrate of the County of Craven -, 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 Heirs, Executors, Adminiftrators, or Affigns. C II A P. VL An Act for appointing and laying out a Tcxn on the Plantation of Mr. Samuel Jordan, on the North Side of Roanoke River, in Northampton County ; and for efiablifl:in <(*)' «(*> <(*> <{*)> «(*)> <(-;:^> <*> -!(*> <(*> <(*> <(-:(:-> -(*> <(*> <(*> <(-*-)!' >!(*)• ^*}!f ANNO 134 LAWS of North-Carolina. ji. D. 1750. ANNOREGNI G E O R G I I II. REGIS MAGN^ BRITANNIiE, FRANCI.E, & HIBERNI^, VICESSIMO (QUARTO. Gabriel ^^ ^ General ASSEMBLY, held at Newhern, the Fifth Day of Johnston, i^OTj °^^^' J^bi i" the Year of our Lord One Thoufand Seven Hundred and Fifty. CHAP. L An Act to appoint a Public 'Treafurer, in the Room of Eleazer Allen, Efq; deceafed. EXP. This A(ft Lilt C H A P. 2. An A£l to repeal Part of a Claufe in an A£f, intituled^ An A6i: for Roi*! Ad ^*"'' forming a Rent-Roll of all the Lands holden in this Province, for quieting the Inhabitants in their PofTeffions, and for direding the Payment of Quitrents. ■g. An A5i for increaftng the annual Allowance given to the Attorney Ge- neral, for bis Trouble ond Expences in riding the Circuits. EXP. . S I G N E D by Gabriel Johnston, Efq; Governor. Nathaniel Rice, Prefident. Samuel Swann, Speaker. ANNO L A PF S of North -Carolina. J ) 4. D. 1751. %^ %^ ^# %# 4J %# ^-^Di \^ k^ k^§ \^ %i^ %^^ ^f ^% f% #f f^^ f^^^'f% f% #f #% #^ #^ ANNO REGNI GEO G I I REGIS, MAGNiE BRITANNIA, FRANCIS, & HIBERNIiE, VICESSIMO Q^UINTO. At a General ASSEMBLY, begun and held at Newbern^ the Twelfth gabriel Johnston, Day of JuniTy in the Ninteenth Year of his Mdjefly's Reign j and from Efq; Gover- nor. thence continued, by feveral Prorogations, to the Twenty Seventh Day of September^ in the Year of our Lord One Thoufand Seven Hundred and Fifty One, C H A P. L Jn Acl to appoini Infpe£Iors in New Hanover County^ and for regulating the Exports at Cape Fear. E X F. CHAP. 2. An ASf for regulating the Pilotage at Cape Fear River^ and to impower the Captain of Fort Johnfton, at the Mouth of the faid River^ to examine all Vejfels entering the faid River, concerning the Health of their Crews on Board the faid Vejfels. REP. CHAP. III. An additional Aof to an A51, intituled. Feme Coverts how to pafs Lands. I. H E R E A S the Method prefcribed for Feme Coverts to convey their preamble. Eftates in Lands in this Province, by an Adl of Aflembly, made at a General Biennial AlTembly, held on the Seventeenth Day of November, m the Year of our Lord One Thoufand Seven Hundred and Fifteen, intituled. Feme Coverts ho'U} to pafs Lands, in many Cafes hath been found, by Experience, to be imprac- ticable •, by Reafon that the Right of Inheritance of many Lands in this Province is in Feme Coverts, who are Refidents of neighbouring Governments ; and in luch Cafc:s, Conveyances have been made by the Huiban 1, with the Wife's Confent, and fometimes by botli, and at other Times by the Wife only, and afterwards rati- fied J36 LAWS of North-Carolina. Feme how t Ljnd Coverts pafs I'roceeding! to be had wlitre tile Wife is an Tnhn- bitant of an>ith=r Country, &c. ^. D. 1751. lied and confirmed by the Hufband ; by Means wliereof the Titles of rrsiny Perfcns are become precarious and doubtful, and much Land lies uncultivated, to the ^rcat Diminution of the Revenue of the Crown. II. BE it Ena^ed, hy his Excellency Gabriel Johnfton, Eff, Governor, by and ivith the Advice and Confent of his Majefty's Council, and the General Ajjemhly of this Province, and it is hereby Enabled, by the Authority of the fame. That trom and after the paffing of this Aft, all Conveyances in Writing, and feaied by Huiband and Wife, for any Lands, and by them perfonally acknowledged before the Chief Juftice, or in the Court of the Countj^ where the Land lieth, the Wife being firft privily examined before the Chief Juftice, or fome Member of the County Court, appointed by the faid Court for that Purpofe, whether ihe doth voluntarily afient thereto, and regiftercd according to the Direftions of the Laws of this Province, fhall be as valid in Law.to convey all the Eftate and Title which fuch Wile may or fhall have in any Lands, Tenements, or Hereditaments, fo conveyed, whether la Fee Simple, Right of Dower, or other Eftate, not being Fee Tail, as if done by Fine and Recovery, or any other W^ays or Means whatloever, III. Pro VI D E t) nevcrthelefs. That where any fuch Conveyances as aforefaid Ihall be acknowledged by the Huiband, or proved by the Oath of One or more Wit- neffes, before the Chief Juftice or County Court where the Land lieth, and it fliall be reprefented to the Chief Juftice, or County Court aforefaid, that the Wiie is a Refident of any other Country, or fo aged or infirm th.:t flie cannot travel to the Chief Juftice or County Court, to make fuch Acknowledgment as aforefaid, it fnail and may be lawful for the Chief Juftice or County Court, by his or their Order, to dire6l the Clerk of the County Court where fuch Land lieth, to ifilie a Conimiffion to Two or more Commiffioners, for receiving the Acknowledgment of any Deed of fuch Feme Covert, for paffing her Eftate in any Lands, Tenements, or Heredita- ments ; and fuch Deed, acknowledged before them, after they have examined l;cr privily and apart from h.r Hufband touching her Confent, and certified by the County Court to which the Commiffion fliall be returnable, fliall, by Order of' the County Court, be regiftered, v/ith the Commiffion and Return, and fliall be as effectual as if perfonally acknowledged before the Chief Juftice or County Court by fuch Feme Covert. IV. AND for preventing Mlftakes in iffiiing out fuch Commiffions, Be it Enaufed, by the Authority aforefaid. That the feveral Clerks of this Province fliall ifTue the fame, in the Form following, to xvit, Korth Carolina, C. County, flf. Form of the /^ EORGE the Second, by the Grace of God, of Great Britain, France, and Commiffion. v_J Iceland, Kingi Defender of the Fai.ith, &c. To A. B. C. D. and E. Gen- tlemen, Greeting. ' W H E R E A S F. G. hath produced a Deed of Conveyance, made to him from H. I. and K. his Wife, of a certain Traft or Parcel of Land, lying and being in the County of , in our Province of iV(?r/,6 Ci3ro//;z^, and procured the lame to be proved or acknowledged by the faid H. I. before /. K. our Chief Juftice of our laid Province (or in the Court of our faid County of C. as the Cafe m.ay be) and it being reprefented to our faid Chief Juftice, or to our faid Court, that K. Wife of the faid li. I. is an Inhabitant of our faid Province, or of ^ or is fo aged and infirm (here as the Cafe may be) fo that flie cannot travel to our iaid Chief Juftice, or Court of our faid County of , to be privily examined as to her free Con- fent in executing the faid Conveyance. Know ye that we, in Confidence of your Prudence and Fidelity, have appointed you, and by tliefe Prelents do give unto you, or unto any Two of you, full Power and Authority, to take the private Examination oi' the faid K. Wife of the faid H. I. concerning her free Conient in her executing the faid Conveyance : And therefore we comm.and you, or any Two of you, that at LAWS of North-Carolina. '37 at fuch certain Day and Place as you fhall think fit, you go to the faid K. if Ihe ■^' -O. i; cannot conveniently come to you, and privily, and apart from her Hufband, exa- mine her the faid K. whether Ihe executed the laid Conveyance freely and of her own Accord, without Fear or Compulfion of the faid H. 1. her Hulband -, and the Ex- amination being diftindly and plainly wrote on the faid Deed, or on fome Paper annexed thereto, and when you fhall have fo taken the faid Examination, you are to fend the fame, clofed up, under the Seals of you, or any Two of you, together with this Writ, unto our faid Court, to be held for the faid County of C. on the Day of next enfuing, in the Year of our Reign. Witnefs L. M. Clerk of our faid Court, at , the Day of , Anno Dom. 17 — L. M. CI. C. ■51. V. AND for the greater Security of Purchafers, Be it Enabled, by the Juthority aforefaid. That all Deeds and Conveyances of Lands heretofore made by the Huf- band and Wife, or by the Wife, and afterwards ratilied and confirmed by the Huf- band, wherein a valuable Confidcration is expreffed, for any Eftate or Title of any Feme Covert, in any Lands, Tenements, or Hereditaments, whether in Fee Simple, Right of Dower, or other Eftate, not being Fee Tail, where fuch Deeds or Con- veyances have been regiftered within Twelve Months from the Date thereof, or fhall be regiftered within the Space of One Year after the Return of the Commiflion for tals:ing the Examination of the Wife, as herein before mentioned, or where the Per- fon or Perfons to whom the fame hath been made hath aftually entered thereupon, and hath continued in Poflefllon thereof for the Space of Seven Years, by Virtue of fuch Deeds ; they ftiall be refpedlively as valid in Law, and take Efleft as fully, to the Benefit of all Perfons refpedively in PofTeiTion thereby, and their Heirs and AfTigns, againft the Hufband and Wife, and every of their Heirs and Afligns, and againft all other Perfons claiming by, from, or under them, or any of them, as if the fame had been done by Fine and Recovery, or any other Ways or Means what- foever ; any Law, Cuftom, or Ufage, to the contrary, in any Wife, notwith- ftandin?. Purchaf.tsftcur- ed. VL AND be it further Ena^ed, hy the Authority aforefaid. That it fliall and may be lawful for the Chief Juftice, County Court Clerks, and Public Regifters, to take and receive, in Proclamation Money, or Tills of Credit, for the Services afore-mentioned, the following Fees, to wit. The Chief Jujiice's Fees. Proclamation Money. /. / d. Chief Juftice al For an Order, directing the Clerk to ifliie a Commiffion to take the Ac- '"""^"^ > Saiary, knowledgment of a Feme Covert, to a Deed for Lands. o o in Lieu of ihcfs Fees. The Clerk's Fees. For entering an Order for ilTuing a Commiflion for taking the Acknow- ledgment of a Feme Covert to a Deed for Lands, ----- 00 For iffuing fuch Commiffion, ---.-.__--.- 014 Clerk'i Allow- ^ ance fur tbefe 7 Services, fettled by Af>, Dec. For entering an Order for regiftering fuch Return on fuch Commiflion, 007 '^^°' ^^'^' "' For a Copy of fuch Order, to be indorfed on the Return, - - - - 007 The Regijler's Fees. For regiftering a Commiflion for taking the Acknowledgment of a Feme Covert, with the Order indorfed, and the Commiflloners Certificate, o Regiftei's Fee«. VII. AND be it Ena5fed^ hy the Authority aforefaid^ That if any of the Ofiicers Pen on Pe.fons aforefaid ftiall demand, exort, exaft, or receive, any other or larger Fees, for the r,"^,"^ ^'""' Services aforefaid, than what arc iierein particularly mentioned, or fhall refufe to do the particular Service in his Office for the faid Fees, fuch Officer fhall be liable to the fame Forfeitures and Penalties, and the Party aggrieved have the fame Adtion, S Remedy, 13' J. D. 1751. LAWS of North-Carolina. Remedy, and Relief, as is provided by one A6t6f Aflembly, made in the Twent^r Second Year of the Reign of his prefent Majefty, intituled, An Aa for regulating the fever al Officers Fees within this Provincey and afcertaining the Method of fayiUg tkk fame. {"leairible. Treafiirers im- JjOWered tn take into PoffclTii n mortgage Bonds. Schedule of mortgaged Bands to be let lip at thtr Court Houfe Djor. DIftreTs to be made on Defaul- ters. Diftrainfd Goods to be f )ld at Vendue, Defaulters not having perfonal Eftate, mort- CHAP. IV. An additional A51 to the fever al Atls to appoint Public treafurers. 1. TT7HEREAS many of the mortgage Bonds formerly taken by the feveral W County Trealurers, in Virtue ot leveral Ads of Alfembly then in Force, by Rcaion of the Negleft or Death of moft of thofe Treafurers, remain uncancelled, and the Money due thereon unpaid j and the Times limited by the Law being long fince expired, and no Perfon legally impowered to make Diftrels for the lame^ whereby the Public is very rr och injured : For Remedy whereof, II. W E pray it may be Enadled, And be it Enacted^ by his Excellency Gabriel Johnfton, Efq\ Governor^ by and vAth the Advice and Conjent of his Majejtfs Council^ and the General Ajjembiy of the j aid Province, and by the Authority Oj the fame. That each of the Public Trealurers, in their feveral Diftrids, rtlpe6lively, are hereby authorized, impowered and required, to take into his or their Keeping and Poflef- fion, the feveral niortgage Bonds yet uncancelled and unpaid -, and ihe leveral Per- fons in whole Keeping or Pofleffion any of the laid uncancelled Bonds are remaining, are hereby required to deliver the fame, on Demand, to the refpeftive 1 ubLc Trea- furer of the Diftrid, under the Penalty of Ten Pounds, Proclamation Money, lor every fuch Refufal or Negleft ; to be fued for and recovered by the Public Trea- furer of the Diftrid where the Perfon lb refufing or negleding may refide, by Adion of Debt, Bill, Plaint, or Information, in any Court of Record in this Province ; wherein no Injundion or Wager of Law fhall be allowed or admitted of; and ap- plied, one Half to the Ufe of the Public, the other Half to the Trealurer who Ihall fue for the fame. III. AND be it further Enacted, by the Authority aforefaid. That the Public Treafurers atorefaid, in their rel'pe6tive Diftrids, upon the Receipt of all or any of the faid mortgaged Bonds not cancelled nor paid, Ihall caufe a Lift or Schedule of fuch Bonds, dclcribing the Place where the Lands lie, the Mortg^er's Name, the Sum fuppofed to be due on each Mortgage, to be affixed on the Door of the Court- Houfe of the County, or the Court of AlTize, or General Court, when held in the County where the Land lies, during the Sitting of at leaft one fuch Court. IV. AND be it further Enacted, by the Authority aforefaid. That where any Perfon fliall make Default for Thirty Days after fuch Lift hath been affixed as aforefaid, to pay the feveral Sums due on each mortgage Bond, in fuch Cafe, each and every Public Treafurer is hereby impowered, directed, and required, to make Diftrefs, by granting an Attachment, direded to the Sheriff of the County where any perfonal Eftate belonging to any Defaulter lies •, who is hereby authorized and required to execute the fame, on any fuch perfonal Eftate in his County to be found. V. AND be it further Enacted, by the Authority aforefaid. That all fuch Goods and Chattels fo diftrained on as aforefaid, fliall be let up and fold at Public Vendue, at the next County Court, or Court of AiTize, or General Court, after fuch Diftrefs fhall be made ; an Inventory of fuch Goods having been firft fet up at fuch Court- Houfe, at leaft Ten Days before fuch Sale. VI. A IS D be it further Enacted, by the Authority aforefaid. That where no perfonal Eftate belonging to any Defaulter, fhall be found in the County wherein the mortgaged Land lies, in fuch Cafe, it fliall and may be lawful for the Public Treafurer, LAWS of N O R T H - C A R O L 1 N A. ^39 gnged Lands to be fol;l, an r 11- J J ' creamy Swjti. to fuch PerJons and their Famihes, Inhabitants of St. James's Parifli, fuch Places for erecting Seats, and under fuch Regulations, as they, or the Majority of them, may judge moft proper. V. AND that the faid Church may be carried on and finifhed in the befl and neateil Manner, and with ail proper CEconomy, Be it Enacted, by the Authority aforefaid^ ^^y) See A6ls May 1757, Chap. 4, Nov. 1760, Cliap. 8, Dec. 1770, Chap. 13, for amending this Aft. 14^ To mske Vh of 30 Fea of Mar- ket Street, LAWS of North -Carolina. aforefaidy That all the Members of his Majefty's Council, Samuel Sivann, Jofepb Blake, l-Filliam Paris, John Sampfon, Lewis D'-Rojfei, and Jcbn AJIo, Efquires, be appointed Commiffioners ; and they, or the Majority of them, relident in the faid Parifh, fhali have and maintain an Adion in any Court of Record in this Province, apainit any Subfcriber neglefting or refufing, after Demand made, to pay the Money by him or her fublcribed to and tor building tiie faid Church : And tiie Commifnoners, or the Majority of them, as aforefaid, are hereby impowered to fix upon a proper Plan for the faid Church, and to agree with Artificers, to purchafe and pret the Materials together convenient for the Building, with all that may be necellary for compleating the fame. VI. AND whereas a Piece or Parcel of Land is already allotted, and made over by Michael Higgins, at that Time one oi the Proprietors ol the aforefaid Town of tVil'itington, lor the building a Church and Church Yard, the whole containing only Half an Acre, which being too fmall for aniwering both Purpofes : Be it Enactel, by the Authority aforefaid. That the faid Commiffioners fhall be at Liberty, and they are hereby impowered, to make Ufe of Thirty Feet of Market Street, for the Front of the faid Church to be feated upon, it they judge neccflary. Church Yard to be enlarged. SuWcribers dying p.)ir-(reH'if-"s.-^ts, and n H^ir, &c. claiming n three Ve.rs "church- wardens to claim. Cormnimoners to yesi^y I !t!e their Accounts. Court- Hoiife al- jiifd for a Place of Woifhip, till Churcb fimihed, VII. AND for enlarging the Church Yard, Be it Enacted, hy the Authority aforefaid. That the Commiirioners before mentioned, fhall be, and they are hert.by impowered, to purchale luch other Farcels of Ground, adjoining to the faid Half Acre, as they may judge convenient, for the Ufe of the Church and Church Yard. VIII. AND be it further Ena5ied, by the Authority aforefaid. That if any Sub- fcriber flidll die poflelied of a Seat in the faid Church, and no Heir or Affign of any fuch Subfcriber or Subfcribers, fo dying poiTefled as aforefaid, lliall claim the iame within Three Years after the Death of luch Subfcriber, the Churchwardens tor the Time being, are hereby impowered to difpo'e of the fame, for the Benefit of the faia Parifh ; any Thing in this Aft, to the contrary, notwithftanding. IX. AN D be it further Enacted, by the Authority aforefaid. That the CommifTi- oners fliall yearly, on every Eafler Monday, if required, produce a fair State of their Accounts, with the Vouchers, to the Veftry and Churchwardens of the faid Panfh of St. James's, for the Time being. X. AND whereas the CommilTioners of the Town of TVilmingtcn, with feveral of the Inhabitants, have fitted up a decent Place for Public Worlhip, in a conveni- ent Fart of the Court or Town Houfe, Be it Enacted, by the Authority aforefaid. That the fame fhall be continued as a Place fitted for the Public Worfliip ot Al- mighty God, without any Interruption, Lett, or Hinderance, of the Sheriff or Commiffioners of the faid Town, or any other Perfon Vv'hatfoever, until iuch Time as the Church of the Parifh is finifhed, fo as there be fufficient Room remaining for the Courts of Affize, the County and other Courts, to be held therein. Perfon to he em- ploved to keep it clean. XI. AND that the faid Houfe may be kept in a cleanly and decent Manner, Be it Enacted, by the Authority aforefaid. That the Commiffioners of the faid Town for the Time being, be, and they are hereby impowered, to agree with and pay a proper Perfon undertaking the fame, a Sum not exceeding Five Pounds, Proclama- tion Money, per Annum, for the keeping the fud Houfe fwept and clean, opening and lliutting the Doors and Windows, ringing of the Bell, and other neceffary At- tendance on all Public Occafions, to be defrayed out of the faid Tax of the faid Town. NoMeetiner f.r XII. AND be it Enactcd, by the Authority aforefaid. That no Perfon or Perfons S'tbls'^^Coart'. ''' ^^^^ ^^ allowed to hold any Public Meetings, for Diverfions of any Kind, in the jHoufc. faid Court or Town Houfe, by Allowance of any Commiffioner, Sheriff, or any other Officer whatfoever, until the faid Church fhall be finilhed, under the Penalty of LAWS of North-Carolina. H3 of Ten Pounds, Proclamation Money; one Half for the Ufe of the Parifli, the ^. D. 1751. other Half to him or them that will fue for the iame, in any Court of Record in this Province ; wherein no EfToin, Protection, or Wager of Law, fliall be allowed or admitted of. CHAP. XIIL An A5f to appoint Commiffioners to receive, cclIeSf, and apply, Suhfcriptiom to'irards ^building of a Church in the lown 0/" Brunfwick, in Si. Philip'j Parijh, and for other Ujes therein mentioned, (a) I- TT f HERE AS feveral well difpofed Perfons are inclined to fubfcribe and ivivate, yy contribute fcveral Sums of Money towards building a Church in the Town of Brunfivick, in the Parilh of Si. Philip, and County of New Hanover : For the more eflcttual collefting and applying the iad vSubicnpcions, II. WE pray it may be Enaded, .Ind be it Enacted, by his Excellency Gabriel Johnftv^n, Efq\ Governor, by and with the Aavice anu Cunjeni of his Majejiy's Council and jhe General Affe:nbly oj this Province, an^ it is heret^y Lnaced, by the Authority of the fane. That the Honourable Mattheiv Rowan, ana fayr^es Hajell, Efquires, John Ruffell, and Willtam Dry, Efquires, Richard ^mce, «nd john Davis, Gentlemen, be and are hereby appointed Commiffioners, with fuil Power and Authority to col- lect and receive of and from all and every Perfon or t^crlons, contnbutino- to the building of the laid Church, the fcveral Sum or Sunis of Money, or other Donations whatfoever, which fhall, at any Time hereafter, be by juch Perfon or Perfons Jeverally fubfcribed and contributed. Comminioner* appoir.tcd to re- ceive Donations. And recover any SuiTii hrqneaihed to the Church. ._ III. AND be it further E^iaEled, by the Authority nforefaid. That in Cafe any Pcrlon or Perfons, fubfcribing or contributing as atorclaiti, his or their Heirs, Ex- ecutors, or Adminiftrators, ihall negledl or reiule to pay to the laid Commiffioners, or the Majority of them, or their Order, the Sum or Sums by them, their Ancef- tors, Tellators, or Inteftates, refpedively fublcrib^cl, given, bequeathed or con- tributed as aforefaid, it ihall and may be lawful to and lor the faid Commiffioners, or the Majority of them, for the Time being, to maintain an Action or Adtions in their own Names, againft fuch Perfon or Perll.ns neglecting or refufing as aforefaid, in any Court within this Province, wherein the lame is cognizable. IV. AND be it Enacted, by the Authority aforefaid. That in Cafe of the Death, Commimjaer. to Departure out of the Parifh, or Refufal to act, of any of the faid Commiffioners, it ''^ '"^^ "^" fhall be lawful for the remaining Commiffioners, together with the Churchwardens and Vcftry of the faid Parifh for the Time being, to choofe and appoint another Commiffioner, in the Room of fuch Commiffioner dying, departing the Parilh, or retufing to aft as aforefaid •, and the Commiffioner fo elefted and appointed, fhall be invefled with all the Powers and Authorities of any other Commiffioner appointed by this Aft. V, AN D be it further Enabled, by the Authority aforefaid. That the feveral d -nations to b; Sums of Money, or other Donations whatfoever, which fhall be collefted or received, buiiding'the"''' by Virtue of this Aft, fhall be applied by the faid Commiffioners, or the Majority of them, from Time to Time, for and towards building a Church in the Town of Brunfwick aforefaid, and towards purchafing a Glebe, and building a Manfion Houfe for the Ufe of the faid Parifh. Church. VI, AND be it further EnaHed, That the Commiffioners appointed, or to be appointed, by Virtue of this Aft, fhall account, upon Oath, with the Veftry of the faid Parilh, on Eflfler Monday in every Year, for all the Monies, or other Donations, which (a J See Aa Nov. 1760, Chap. S. Ccmm'rtl.incrs to 144 L A PV S 0/ North-Carolina. A. D. 1751. which they or either of them fliall receive, for the Ufe and Purpofes hereinbefore mentioned, under the Penalty of Ten Pounds, Proclamation Money, for each Com- milTioner refufing or negleding to account as a'orefaid •, to be recovered by the Churchwardens of the faid Parifh for the Time being, for the Ufe of the faid Parifh, in any Court of Record within this Province, wherein the fame is cognizable. CHAP. XIV. /In AB to appoint a convenient Place for holding the County Court of Duplin, and to impower the Commijfioners therein named to build a Court-Houfe^ Prijcn^ and Stocks, in the faid County, and for enlarging the Bounds thereof, (a) Prirate, J. x "T T H E R E A S by an' Ad, intituled. An AB for ere5Jing the upper Fart of \y Nevir Hanover County into a County and Parij'h, by the Name of Duplin County, and St. Gabriel'j Parifh, and for appointing a Place for building a Ccurt-Houje, Prifon, and Stocks, in the faid County, amongft other Things it was Enafted, That the Juftices of the faid Court, or the Majority of them, at their firft Meeting, fhould nominate and appoint a convenient Place within the faid County, to build a Court- Houfe, Prifon, and Stocks -, which faid Juftices, being then 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, on Examination, ^ is found to be within Ten Miles of the Eaftern Bounds of the faid County, to the great Incommodity and Detriment of the Inhabitants thereof attending the faid Court: Wherefore, pi«t to be ap. II, W E pray it may be Enaded, And be it Enacted, ly his 'Excellency Gabriel KclfrHoufe', Johnfton, Efq;, Governor, by and with the Advice and Confent of his Majefty's Council, tic ' and the General AJfembly of the faid Province, and by the Authority of the fame. That the Court-Houfe, Prifon, and Stocks, for the faid County of Duplin, lliall be fixed as near the Centre of the faid County as conveniently can be, and that Mr. Arthur Blackman, Mr. Anthony PFilliams, Mr. William M''Gee, Mr. John Brock, of Duplin County, and Mr. William Mills, of Onflow County, or the Majority of them, are hereby appointed, upon their Oaths, to fix the moil convenient and central Place in the faid County to build the faid Court-Houfe, Prifon, and Stocks, on ; and their Proceedings thereon return to the next County Court, after they, or the Ma- jority of them, fliall agree on the fame. ComT^KTnnera HI, AND be it further Enacted, by the Authority aforefaid. That Mr. George •ppoinced or it. j^^^y.^^ ]y[j._ WHUam Houflon, and Mr. Jofeph Williams, be, and they are hereby ap- pointed CommifTioners for eredting and building the faid Court-houfe, Prifon, and Stocks ; and alfo to contract and agree with Workmen to build the fame, of fuch Dimenfions as fliall be agreed on by the County Court, Tax already col- JV. AND for defraying the Expence thereof. Be it Enacted, by the Authority lefted, applied. ^j-Qf.gjijjj^ That fo much of the Tax laid upon the Inhabitants of the faid County, and already collefled, as well as what hereafter may be collefted, for and towards building the Court-Houfe, Prifon, and Stocks, fliall be by the Sheriff* of the faid Connty, accounted for and paid unto the afore-mentioned Commiflioners, and be by them applyed for and towards building the Court-Houfe, Prifon, and Stocks, in this Adl mentioned to be built. paufe repealed. V. A N D be it Enacted, by thi Authority aforefaid. That the Claufe in the be- fore-recited Aft, fo 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, Purpofes, and Confl:ru>5lions, as if the fame had never been made. VI. AND (a) See Aft, Feb, 1754, Chap, n, for amending this Aft. L A IV S of North-Carolina. 145 VI. AND whereas the dividing Line between New Hanover County and Dm- ' A. D. 1-51 . flin is Ciicumlcribed by Cohery^ by which Means a long narrow Stripe of Land, .^—^V^' ~"| between tae laid Cohery and Black Kicer\ ftill remains in New Hanover County, ca"d!^ whicii renders ic very inconvenient to the Inhabitants dwelling thereon to attend the Courts at JVd.nington^ by Rea.on of its great Diftance therefrom ; Be it therefore Ena.ed, by the A.Uhority aforefaid. That the Line between the :aid Counties Ihail be continued rroin the l:^]ace Wiiere Cohery and the Six Runs meet, by a Weft Courfe, until cne i^me itrikes Black River, and from thence the County of Duplin fhall be bounded by Uiack River, up to the IVIouth of Black Mingo Creek, thence up the faid Creek to the Bounds oi the faid County ; any Thing in the Ad for erefting the upper ir'art of i\eiv Lancver County into a County and Parilh, by the Name of Jju^ lin County, and St. Gabriel's Parifh, tor the appointing a Place for building a Court-Houle, Prilon, and Stocks, in the faid County, concerning the Bounds of the laid County, to the contrary, notwithftanding. CHAP. XV. >f» /f^? to impcwcr the Court of Bladen County, to lay out certain Diflri5fs in the Places Prov'^cJ f"r by therein mentioned, and to appoint Commijfioners of the Roads for the fame. '""[[-^ \ln^ii(ii Ch.ip 3 CHAP. 16. An A"? to amend an Aff, intituled. An Aft for eflablifliing the Thi.Aav.iis Church, for appointing Parifties, and the Method of eledtino- 'V'}' '^' 7'"'' Tr n ' 1 c 1* n* I 1 r • ^ Act, whiCn u Vc-ltnes, and tor directing the Settlement of Parifh Accounts r-^p^'td. throughout this Province. £ I G N E D by ^ Gabriel Johnston, Efqj Governor. Matthew Rowan, Prefident. Samuel Swann^ Speaker, ANNO 146 L ji IV S of North-Carolina. j1. D. 1752'. ANNOREGNI G E O R G I I II. REGIS MAGN^ BRlTANNIiE, FRANCIS, & HIBERNIiE, VICESSIMO Q^UINTO. Gabriel At a General ASSEMBLY, held at Bath Town, the Thirty Firfl Johnston, Efq; Cover- Day of Murch^ in the Year of our Lord One Thoufand Seven Hun- dred and Fifty Two. G H A P. L ^n AB for licenfing Traders^ Pedlars, and Petty Chapmen, and granting to lis Majejly an Impojl or Duty on Goods, Wares, and Merchandize, to raife Supplies for defraying the necejfary Charges of Government. EXP. C H A P. 2 Jn Act for facilitating the Navigation of Port Bath, Port Rcanoke, and Port Beaufort. EXP. 3. An Act for appointing a I'reafurer for the Counties of Currituck, Paf- quotank, Perquin.ons, Chowan, Tyrell, Bertie, Edgcomb, North- ampton, ^?;^ Granville ; and for continuing an A£i, intituled. An A61 to appoint a Public Treafurer, in the Room of Eleazer Allen,. Eiq-, deceafed. EXP. 4. An A5f to amend and extend an A£i, to appoint Infpectors in New Han- over County, and for regulating the Exports at Cape Fear. REP, 5. An Act to amend an Act, for regulating the Pilotage of Cape Fear River, and to impower the Captain of Fort Johnflon, at the Mouth of the faid River, to examine all Vejfels entering the faid River, con- cerning the Health of their Crews on Board the faid Vejfels. R E P. Ti"'' Adt repesi- 6. An Act for dividing Part of QxzViViWt, Johnflon, rt;?i Bladen Cc?;;»7/';Vj-, Bound" of Orange into u County and Parijh, by the Name o/" Orange County, and Parifn County re-e(u. qJ St. Matthcw ; and for appcintin? Vetfrymen for the faid Parijh, sn't- 1756, ^^-^ Other Purpojcs therein mentioned. R E P.- cbp.zz. CHAP. L-^^-So/" North -Carolina. 247 CHAP. VII. A. D. .7.-2. An AJl for appointing and laying out a 'To-jvn at a Place called Blackman'j Landing, on the iTejl Side o/Cafia River, on a Plantation belonging to Joleph Wimberly. I. T"^ THE RE AS many of the Inhabitants of 5fr/;V County have petitioned P'^v^te. y y for an Aft for appointing a Town at a Pl;;ce called Blackman'& Landing, on the VVefi Side of Cafia River, on a Plantation belonging to Jofeph Wimberly, and that Commiirioners may be appointed for laying out the Jame : II. W E pray ir may be Enaded, And be it Enabled, by his Excellency Gabriel T,.wn nf Wim- Johnllon, Efq; Governor, by and ivitb the Advice and Coftfent of his Majeftfs Council, ''"'^ '''^"^• and the GeJieral /'JJembly of this Province, and by the Authority of the fame. That as foon as the Proprietjr of the faid Land, at the Place called Blackmanh 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 directed, it Ihall and may be lawful for 'Thomas iVhitmiU, John Hill, and John Hearft, who are hereby nominated and appointed Cominiffioners, with full Power and Authority to lay out Fifty Acres of Land, at the faid Place called Blachnanh Landing, for a Town, by the Name of Wiiubery ; and they, or the major Part of them, are hereby direfled and impowered to lay out Fifty Acres of Land, at and adjoining the faid Landing, ir^to Lots, of Half an Acre each, with convenient Streets, and a Place for a Church and Market. III. A ND be it further Ena'^ed, by the Authority aforefaid. That when the Com- L-^ts to be gfant- mifiioners as aforefaid, or the major Fart of them, have laid out the faid Town in "*" Manner as aforefaid, every Perfon whatfoever who is willing to be an Inhabitant of the laid Townj fhall have Liberty to take up any Lot or Lots fo laid out as afore- fai-1, and not before taken up-, which Lot or Lots the Commiffioners, or the Ma- jority of them, are hereby impowei-ed and directed to grant, convey, and acknow- ledge, by Deed, to the Perion or Perfons fo taking up the fame, and his Heirs and Affigns, for ever, in Fee Simple, upon Payment of I'hirty Shillings, Proclamation Money. IV. A NB be it further Enabled, by the Authority aforefaid, T\\2X.'M.x. Robert x.-'afurer a?- Itunter b;, and he is hereby appointed Treafurer and Receiver of all fuch Sum and F-i'^tcii. Sums of Money which fhall arife by the Sale of the faid Lots, for the Ufe of the faid jofeL-h Wimberly, his Heirs and Afllgns ; and on the Death, or Departure out of the Government, of the faid Treafurer, the faid CommifTioners, or the Majority of them, fliall appoint fome other Perfon, in the Place of the faid Treafurer. V. AN T) he it further Enacled, by the Authority aforefaid. That the Treafurer to -^we Security herein appointed, and every Treafurer that may be hereafter appointed, by the f r pi)ing Mo. CommifTioners as aforefaid, fliall give Security to tiie County Court, that he fhall p,'L\or'. ^^'^ '''"' and will account and pay in all the Monies he fhall receive by the Sale of all and every the Lot and Lots that fliall be fold in each Year, on the Tv/enty Fifth Day of March, yearly, to Mr. Jofeph Wimberly, his Heirs or AfTigns. VI. PR FID E D alivays. That if any Lot or Lots fhall be granted and con- ^ot to be f^^■f^ veycd by the faid CommifTioners, to any Perlbn or Perfons whatfoever, who fliall in isi Months, or not, within Eighteen Months, build a good, fubftantial, habitable framed or Brick f"'*"'-'"^- Houfe, not of lefs Dimenfions than Twenty Feet in length, and Sixteen Feet wide, with a Brick Chimney, fuch Grant or Conveyance fliall be void and of none Effe6l, 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 before direded, to any other Perfon or Perfons applying for the fame, and paying the Money for the faid Lot or Lots, as is in this Act before directed, lor the Ufe of the laid Jofeph Wimberly, his Heirs or AfTigns, as aforefaid. " T 2 CHAP. j^8 LAWS of North-Carolina. A. D. 1752. CHAP. VIII. An AlI to explain and amend an A5f, intituled^ An A61 for impowering tlic feveral Commiflioners herein after named to make, mend, and repair, all Roads, Bridges, Cuts, and Water Courfes, already laid out, or hereafter to be laid our, in the feveral Counties and Diftridls herein-after appointed, in fuch Manner as they judge moft ufeful to the Public. REP. CHAP. IX. An A51 to encourage Caleb Grainger to build a Bridge over Smith'j Creel^ near the Place known by the Name of Smith'j Creek Ferry, in New Hanover County. Private, I. TTTHEREASa Bridge over Smith's Creek, near the Place where the Ferry y y now is, would be very convenient for Travellers ; and Caleb Grainger being defirous of building one there, at his own Expcnce, on Condition of having the Benefit thereof for the Space of Twenty Five Years : Rridgetobebuiit. II. BE it Ena^cd, by his Excellency GzhneX ]o\\r\^ov\, Efq-, Governor, hy and with the Advice and Confent of his Majeflfs Conn- il, and the General AJjhnbly of this Province, and it is hereby Enaoted, by the Authority of the fame. That it Iliall and may be lawful for the faid Caleb Grainj^er, his Executors, Adminiftrators, or Affigns, to ere6l and build a good fubilantial Bridge over Smith's Creek, as near as he con- veniently can to the Place where the main Road crofleth the faid Creek, near the Place commonly called Smith's Creek Ferry ; and after building the faid Bridge as aforefaid, it fball and may be lawful for the faid Caleb Grainger, his Heirs, Execu- tors, Adminiftrators, or Afligns, to keep a fufBcient Gate thereon, and take and receive, from all Perlbns that fhall pafs over the fame, the following Rates, 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 every Ox or Fiorfe 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 greater or lefler Number of Hogs or Sheep : And for all Travellers on Foot, living in the County of Neia Hanover, Two Pence each, for and during the Space of Twenty Five Years. E't^witTin^'" III. A N D be it further Enacted, by the Authority aforefaid. That after the faid Miles. Bridge is fo built and compleated as aforefaid (provided the faid Bridge fhall be fo done within Two Years after the paffing of this A6t) it Ihall not be lawful, 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 kx. any Perfon or Perfons, Carriage or Carriages, Cattle, Hogs, or Sheep, over the faid Creek, for Fee or Reward, within Six Miles of the famiC, during the Time aforefaid, under the Penalty of Twenty Shillings, Proclamation Money, for each and every Offence •, to be recovered, by a "Warrant, by the faid Caleb Grainger, his Heirs, Executors, Adminiftrators, or AfTigns, before any Ma- giftrate of the County of Nezv Hanover ; to be applied to the life of the Proprietor of the Bridge built by the faid Caleb Grainger : And during the faid Time, the Right and Property of th.e faid Bridge is hereby invefted in the faid Caleb Grainger, his Heirs, Executors, Adminiftrators, or Affigns. B'ui?e t-^ be k pt IV. AND be it further Enacted, by the Authority aforefaid. That when the m R>:p:iT. aforefiid Bridge fhall be built, the aforefaid Caleb Grainger, his Heirs, Executors, Adminiftrators, or Affigns, fhall keep the fame in good Order, and fit for paffing over, during the aforefaid Space of Twenty Five Years ; and fhall, at the Expira- tion thereof, leave the fame in like good Order. SIGNED by Gabriel Johnston, Efq; Governor. Matthew Rowan, Prefident. Samuel Swann, Speaker. Toll rettled. LAWS o/'North-Carolina. 149 A. D. 1753. ^^ ^^ &^ ^^ ^^ ^^ ^^ ^^ ^^ &^ ^^ ^^ ^^ "^ ;^-^ ^^ 5^-^ 5^^ ^^ kjt^ ^^ M ^"^ 5^^ ^-^ ^^'^ ANNO REGNI G E O R G I I 11. REGIS, MAGN7E BRITANNIiE, FRANCIS, & HIBERNI^, VICESSIMO SEXTO. At a General ASSEMBLY, begun and held at Newbern, the Twenty ^^^-^-^^^^ Seventh Day of Marchy in the Year of our Lord One Thoufand Seven Hundred and Fifty Three. CHAP. I. An Act to prevent excejfive and deceitful Gaming. EXP. C H A P. II. An Act for appointing and laying out a Toizn on Core Banks, near Ocacock Inlet^ in Carteret County ^ and for appointing Commijfioncrs for complecting the Fort at or near the fame Place. I. T 'T^ 7 H E R E A S the Trade of this Province is greatly obftructed by Reafon PrWate. Y y of the Shoals which lay within Ocacock Inlet, fo that the Merchants and other Traders are obliged to employ fmall Veflels, in lightening others of greater Burthen over the Swatch, which is not only very expenfive, but alfo very danger- ous, for Velfels of large Burthen laying at the Swatch, during the Time they are fo lightening over it, notwithftanding Ships of very great Burthen may with great Safety come over Ocacock Inlet, and commodioufly ride at Anchor in the Harbour adjoining Core Banks : And as it is found, by Experience, that the Merchants trad- ing in Albemarle County, PampUco, and Neufe Rivers, are obliged to fend down to Ocacock Inlet or Core Banks, fometimes the whole, and almoft always one Hah' of the Loading of their VefTels, of any confiderable Burthen, fo that it is abfolutely neceiiary to have Warehoufes and other Conveniences on tiie faid Banks, near the faid Harbour, for the Reception and fafe-keeping of the Commodities they are con- ftantly obliged to fend down, for compleating the Loading of their Ships : II. W E therefore pray, it may be Enafted, And he it Enacted., by the Tlcuourable Matthev/ Rowan, Efn_-, Prcfident, by and ivith the Advice and Ccnjcnt of his Majejlfs Council., 15° L A JV S of North-Carolina. Aticl granting Ljts. Trejfurer ap- pointed. V/ho is to give Lots to be f.ived in i3 Mjn'.hs. ^i■).^ey granted 1 ■- bu.lding a Futt, Council, and the General ylffembly of this Province, and by the Authority of the fame, That it fhall and may be lawful for Mr. Jofeph Bell, of Carteret County, Mr. John Williams, and Mr. Jofeph Leech, of Newbern Town, Mr. Michael Coutanch, of Bath Town, Mr. John Campbell, of Edenton, or any Three of them, who are hereby ap- pointed CommifTioners, with full Power and Authority to lay out Fifty Acres of Land on Core Banks, moft convenient to the faid Harbour, adjoining the faid Banks, for a Town, by the Name of Portfmouth, into Lots of Half an Acre each, with convenient Streets, as they may think requifite. III. AND be it Enacted^ by the Authority aforefaid. That when the Commif- fioaers aforefaid, or the major Part of them, have fo laid out the Town in Manner aforefaid, every Perfon whatfoever who is willing to be an Inhabitant of the iaid Town, Ihall have Liberty to take up any Lot or Lots of Land fo laid out as afore- faid, and not before taken up, which Lot or Lots the CommifTioners, or the Ma- joritv of them, are hereby impowered and directed to grant, convey, and acknow- ledo-e, by Deed, to the I'erfon or Perfons fo taking up the fame, and his or their Heirs and AlTigns, for ever, in Fee Simple, upon the Payment of Twenty Shil- lino-s, Proclamation Money. IV. ANT) be it further Enabled, That Mr. Jofeph Bell be, and is hereby ap- pointed Trea'urer and Receiver of all fuch Monies which fliall arife by the Sale of the faid Lots, for the Ufe of John Kerfey, the now Proprietor of the faid Land, his Heirs and Afllcrns; and on the Death, or Departure out of this Govern.rent, of the faid Treafurer, or any one of the before mentioned Commiflioners, that the faid CommifTioners, or the Majority of them, fhall appoint fome other Perfon (in the Place of the faid Treafurer or CommifTi)ner fo dead or departed) in the Place or County where the faid Treafurer or CommifTioner fo dead or departed did refide. V. AND be it further Enacted, by the Authority aforefaid. That the Treafurer herein appointed, and every Treafurer to be chofen or elefted by Virtue of this Aitj fhall crive Security to the County Court of Carteret, that he fhall and will, from Time to Time, account and pay in all the Monies he fhall receive, by the Sale of all and every Lot or Lots that fhall be fold in each Year, on the Twenty Fifth Day of March yearly, to the faid John Kerfey, his Heirs or AfTigns. VI. PR VI D E D, That if any Lot or Lots of Land fliall be granted and conveyed by the faid CommifTioners, to any Perfon or Perfons whatfoever, who fliall not, within Eighteen Months after the faid Conveyance, build a good, fub- ftantial, habitable frarned or Brick Houfe, or a good fubftantial Warehoufe, of not lefs Dimenfions than Twenty Feet in length, and Sixteen Feet wide, fuch Grant or Conveyance fnall be void and of none Effed:, as if the fame had never been made -, and the CommifTioners may and fhall grant and convey fuch Lot or Lots to any other Perfon or Perlons applying for the fame, on their paying the Money for the faid Lot or Lots, as is in this Aft befoi-e directed, for the Ufe of the faid John Ker- fey, Proprietor of the faid Land, his Heirs or AfTigns aforefaid. VII. AND whereas the faid Town will be a maritime Town, far difVant from the Bulk of the Inhabitants of this Province, and liable to the Depredations of an Enemy in Time of War, and Infults from Pirates and other rude People in Time of Peace; Be it therefore further Enacted, That the Sum of Two Thoufand i'ounds. Proclamation Money, heretofore appropriated for building a Fort or Fcrtification at or near Ocacock Inlet, by an Aft of AlTembly, intituled. An Act for granting unto his Majefiy the Sum of 'Tiuenty One Thoufand Three Hundred and Fifty Pounds, Protlawa- tion Money, and for Jiamping and emitting the faid Sum, depcfitcd in the Hands of the Treafurer of the Northern Diflrift, be, and is hereby appropriated tovv'ards dif- charging the Expences of building and crefting the faid Fort or Fortification. VIII. AND be it further Enabled, by the Authority aforefaid. That the Com- mander in Chief for the Time being, the Honourable Francis Corbin, r,nd Jcln RienJfett, L A f'V S c/' N O R T H - C A R O L 1 N A. J ^ j Rieuffett, Efquires, Mr. Jofeph Bell, Mr. John JViUiams, Mr. Jofeph Leech, Mr. ^' D. 1753. Michael Coiitanch, and Mr. John Campbell, be, and are hereby nominated Commif- fioners, in the Place and Stead of the Commiffioners nominated in the aforelaid AcT:, to compleat and finifli the faid Fort or Fortification ; and they, or tl:e Majority of them, fhall be, and are hereby in veiled with all the Powers and Authorities given to the Com -niflioners in the before mentioned A6t, nominated and appointed for build- ino; the fame-, and that the laid Fort lliall be called Fort Granville. CHAP. III. yf» JJf to revive an J continue a Claufe in an AB of the General AJfembly of this Province, intituled, An Ad to fix a Place for the Se. t of Government, and for keeping Public Oinces •, for appointing Circuit Courts, and defraying the Expcnce thereof; and alfo for eliablilliing the Courts of Juftice, and regulating the Pro- ceeJiniis therein. EXP. CHAP. IV. An Act to relieve fuch Perfons that have, or may fuffer, by the Lofs of the Records in Onilow County. I. TyrHEREAS by a violent Storrh cr Whirlwind, in September lafl: paft, PicamWe. y Y the lluufe ot Mr. Thcnas black, late Clerk of the Court for the County of Onjiow, together with the Court-Houle, and n;ofl; of the Records belonging to the County Court, were blown away and deftroyed, whereby the Etlates of many Orphans and other Perfons may be very much perplexed and prejudiced : For Re- medy v\ hereof, II. B E it Enacted, by the Honourable Matthew Rowan, Efq; Pre/dent, by and c^py of Records with the Advice and Ccnfent of his Majeftfs Council, and the General Ajjhnbly of this vljen/e*''" *" ^' Provime, and by the Authority of the fame. That from and after the pailing of this Act, the Copy of any Judgment, Order, Settlement of Orphans and their Eltates, or other Record of any Matter or Thing tranfafted or done in the County Court of Onflow, attelled under the Hand of the Clerk who recorded the fame (in fuch Cafes where the Original is loft or deftroyed) fliall and may be given in Evidence in any Difpute or Controverfy, or in any Court whatfoever, and lliall have the fame Weight and Credit given to it as the original Record might, or ought to have, could it have been produced. III. AND be it further Enacted, by the Authority aforefaid. That where Perfons where Cop;« nf have neo;lr6led taking Copies from the Clerk's Office, or may have loft them, and '^ '^""^s a,e 1 ft, are defirous to perpetuate the Memory of fuch Judgments, Order, Probat of a Will th-^m, . n due or Deed, Dilpofal of, or Settlement of Orplians Eftates, or any other Matter or Thing tranfaited and done in the faid County Court, it fhall and may be lawful, upon due Proof made in open Court, to the Si-tisfaftion of the Juftices of fuch Court, at any Time within Two Years next enfuing the pafiing of this Aft, to caufe the fame to be entered on Record by the Clerk of the Court, in a particular Book for th.it Purpofe, and therein fnall recite the Witneflcs proving the fame, and that the original Record was loft- in the Storm -, for which Service he Ihall be al- lowed a fiifficient Rcw.ird, at the Difcretion of the Juftices of the County Court, • to be paid out of the County Tax. P:i>.r niaoe I he C\uit. IV. AND be it further Enacted, That fuch Record, fo made, fiiall and may, c„..i, Recr^rd? at all Times hereaitr.r, be pleaded and given in Evidence, and have the fame Au- dtcxcd good, thority in any Caufe or Court whatfoever, as the Original would have, could it have been produced. V. AND 152 LAWS of Nokth-Carolina. 4. Z). 1753. V. AND whereas fmce the Storm, for Want of Houfes and Accommodations, > — J^^Thlirin ^^'^ Court could not be held at Johnfton ; Be it Ena"ed^ That it {hall not be deemed }ohnfton, to be or adjudged Error in any Proceedings, or other Public Bufinefs, tranfaded in the «e^to '" '''°' ^^^*^ Court or County of Onjlow, by Reafon the fame hath not been held, or here- after fliall not be held and tranfafted in the Town of Johnfton^ until a new Court- Houfe Ihall be built for the laid County, in the Town of Johnfton ; and that the fame fhall be built within Two Years from the paffing hereof. CHAP. V. ^n Aci to prohibit the Exportation of Grain in T'ime of Scarcity. EXP. CHAP. VI. Jn additional A£l to an Act concerning Servants and Slaves. Preamble. j^ T"17HEREASbyan A6V, intituled, An Act concerning Servants and Slaves, y Y among other Things, it is provided, that no Slave Ihail go armed with Gun, Sword, Club, or any other Weapon, or fhall keep any fuch Weapon, or fhall hunt or range in the Woods with a Gun, upon any Pretence whatibtver, ex- cept fuch Slave or .-laves who fliall have a CertifiLate, as in the faid At\ is picviucd ; and whereas the Remedy in the laid Ad. provided has proved ineffectual to reltrain many Slaves in divers Parts of this Province Irom going armed, which may prove of dangerous Confequence : For Remedy whereof. Slaves not to hunt with a Gtir\ _^ unleb their Ovv- KOWan II. W E pray it may be Enafted, And be it Enacted, by the Honourable Matthew )wan, Efq; Prefident, by and ivith the Advice and Ccnfent of his Majejtfs Council, r7nr^'the!'Ti' '^^^ ^^''^ General Ajfembly of this Province, That from and after the palling of this hiZm. ^" "' Ad, no Certificate fliall be figned by any Chairman of any County Court in this Province, allowing any Slave to carry a Gun and hunt in the Woods, unlejs the Mafler, Miilrefs, or Manager of fuch Slave, ihall firfl enter into Bond, with fufli- cient Security, to the County Court, either before, or at the Time fuch Certificate fhall be given, for the good and honeft Behaviour of fuch Slave ; which Bond may be affigned over to any Perfon or Perfons who fhall be injured by fuch Slave •, which Affignnee fhall and may maintain an Adtion thereon, and recover fuch Damages as he or ihe fhall or may fullain by fuch Slave, in any Court of Re- cord in this Province, by Aftion of Debt, Bill, Plaint, or Information ; wherein no Effoin, Injunction, Proteftion, or Wager of Law, fhall be allowed or admitted of. In what C:.fes HI. AND bc it furthcv Enacted, That no Slave fliall have or carry a Gun in 'gwI ""^ "''^ any Plantation where Crop is not tended, nor more than one in any Plantation where there is Crop tended, nor after Crop is houfed : And the Mafter, Miflrefs, or Overfoer of any Slave, with whom fhall be found any Gun, Sword, or other Weapon, contrary to the true Intent and Meaning of this and the before recited A(5l, fliall forfeit and pay, to the Perfon finding the fam.e, the Sum of Twenty Shillings, Proclam.ation Money -, to be recovered by a Warrant before any one Juftice of the Peace for the County where the OiTence fliall be committed, any Punifhn ent inflifted on the Slave, Forfeiture of the Gun, Sword, or other Weapon, notwith- ftanding; unlefs fuch Mafler, Miftrefs, or Overfcer, fliall, by their own Oath, or other Proof, make appear that fuch Slave carrying a Gun, Sword, or other Weapon, was without their Confent or Knowledge. Court to .ppoint jy. ^jVD be it further Enacted, That the Tuflices of each County Court, when and where they judge it nece(Tc.ry, fliall divide their refpedtive Counties into Diicricts, and yearly, at the firfi: Court to be held for their Counties refpeftively after the firfi: Day of May, fhall appoint three Freeholders in each Diflridt as Searchers, who fliall take tlie follovvinsi; Oath, viz. I LAWS of North-Carolina. ^Sl IA. B. do [ivear that I will, as Searcher for Guns, Swords, and other Weapons, among the Slaves in my Dijtriuf, faithfully, and as privately as I can, difcharge the Truft repofed in me. A. D. '753- as the Lavj dire:7s, to the hefi of vty Poiier. SO HELP ME GOD. Their Oath. Which Searchers fliall four Times in a Year, or ofcener if they think neceflary, wh^areto(i»r*-rf XVI. AND Ic it further Enacted, by the Authority aforefaid. That the Mailer i rr, porter to n-ake of every VelTel hereafter importing Liquors liable to a Duty, by Virtue of this or Eigiu Hounr'^ the beiore recited Acl, to any Port or Place within this Province, fiiall, within P"orcy Eight Hours atter his Arrival, make a true and juft Report, upon Oath, to tlie Kcceiver of the Duty on fuch Liquors, of die Quantity of Liquor, with the particular Marks and Numbers of every Cafk or Package containing the fame, aed to whom configned, to the bell of his Knowledge, under the Penalty of forfeiting One Hundred Pounds, Proclaa.ation Mcney. XVII. A N D be it further Enatfed, That from and after the pafTmg of this n t f.. bHmrt.d Adi, no Wine, Rum, or other diiblled Liquor, fnall be landed or put on Shore, \tolxKznt' or any other Way delivered out of the Veffcl importing the fame, before due Entry Duty [uid. made thereof, upon Oath, by the Importer, Owner, or Factor, with the Receiver appointed by this or the beiore mentioned Aft, for receiving the Duty in the Place or Port where the fame fhall be imparted, or before the laid Duty fhall be fully fat;:.fied and paid, or fecured to be paid, in Manner as hereafter directed, and a Permit had under the Hand of the Receiver for the Landing or Dehvery thereof; and all Liquors landed, or put on Shore, contrary to the Direction and true Intent and Meaning of this Afl, fliall be forfeited, or the Value thereof. XVIII. AND be it further EnaP.ed, That any Perfon or Perfons bringing any L'qnors imported Wine, Rum, or other diililled Liquors, into this Province, by Land, fliall, within \t ,'„" pd, "Inj Forty Eight Hours after he has lodged or houfed the fame, make a due Report, on ^'■"' ^"w ^" ^ Oath, of the Quantity thereof, to the Receiver of rhe refpeftive Ports or Places, ^''^' ' appointed by Virtue of this or the before mentioned Aft, and pay the Duty impofed, or give Bond, with good Security, to our Sovereign Lord the King, his Heirs and SuccefTors, for the Ufe of the Public, for Payment thereof within Six Months, and obtain a Permit, under rhe Hand of the faid Receiver, for felling or ufing the fame ; and on Default thereof all fuch Liquors, or the Value thereof, fliall be forfeited. XIX. AND be it further EnaHed, That if any Perfon or Perfons whatfoever. Penalty form.k- fliall wittingly or willingly make a falfe Entry of any of the Liquors before menti- '"^ ■*' ^ ^""^'" oned, and be thereof lawfully convifted, fuch Perfon or perfons fliall forfeit and pay One Hundred Pounds, Proclamation Money. XX. AND be it further Ena"ed, That if any Receiver appointed by this or Penalty on Re- the before mentioned Aft to receive the Duty aforefaid, or any ether Perfon or bX"."' '"' Perfons for him, fliall take or receive, directly or indireftly, any Bribe, Recom- pence, or Reward whatfoever, for conniving at any falfe Entry of Wine, Rum, or other diftilled Liquors, that fliall be imported into this Province, either by Land or Water, whereby the Public may be defrauded, fuch Perfon fliall forfeit and pay the Sum of One Hundred Pounds, Proclamation Money •, and the Perfon or Per- fons giving or paying any fuch Bribe, Recompence, or Reward, fliall forfeit and pay the Sum of One Hundred Pounds like Money. XXL AND be it further Emlucd, by the Authority aforefaid. That the Re- f„7;^'["^']''y" ceiver or Receivers of the aforefaid Duty, or any Perfon by him, them, or any of ty. them, appointed, fhall have full Power and Authority to enter on Board any Veffel, provided fiie hath been in Port Six Days, and bring on Shore fo much of the Li- quors reported or entered, and liable to pay the Duty albreiaid, as fliall be fufficient to pay the Duty on fuch Liquors fo reported, and the fame to fell at public Vendue, ; to the highell Bidder -, and after the Duty aforefaid fliall be paid, and t\\c Charges of bringing fuch Liquors on Shore, and Vendue thereof defrayed, the Surplus (if any) fhall be paid to the Perfon from whom the faid Liquors were taken. XXII. AND i6o L A IV S of North-Carolina. y^. D. 1754. XXII. AND be it further Enabled, That upon Information made on Oath, or >— "7"**-' violent Sufpicion, it fhall and may be lawful for any of the Receivers of the faid fear'ch forTecret" Duty upon Liquors, by a Warrant under the Hand of a Juftice of the Peace, and «d Liquors. accompanied with a Conltable, to open any Houfe, Warehoufe, or Store, in the Day Time, and fearch for, feize, and carry away, any Liquors liable to the Duty aforefaid, and for which the faid Duty hath not been paid, or fecured to be paid, in Manner aforefaid : And in all Cafes, where any Difpute Ihall arife on any Sei- zure, being made by Virtue of this Aft, for Non-Payment of the Duty aforefaid. Officer fiie.1 ir» ^^^ ^^^''^ Probaudi fhall lie on the Owner or Claimer of fuch Liquors. Ami if any piead"Genaar'^ Receiver or Conftable, or their Affiftants, fhall be molefted or lued for any Thing ^"■''*' done in executing the Powers hereby given them, fuch Receiver, Conftable, or AlTiftant, may plead the General liTue, and give this Aft in Evidence ; and if in any fuch Suit the Plaintiff be non-fuit, or Judgment pafs againft him, the Defendant fliall recover double Cofts. Manner of ob- XXIII. AND be tt further Enacted, by the Authority aforefaid. That where any fol'L'S'r's'ua'nu Pcrfort Is defirous of tranfporting any Liquors that are liable to the Duty aforefaid, pnntd u XV. one from onc Diftrift to another, and for which the Duty hath been paid, or fecured uftntt to ano- ^^ j^^ ^^^^^ ^^ ^^^y ^p^j^ ^^ ^.j^^ Receiver of the Duty on Liquors for a Certificate, which Certificate fuch Receiver is hereby authorized, empowered, and required, to give, fetting forth the Number of Cafks, the Marks, and the Contents thereof, and that the Duties thereof have been paid, or fecured to be paid, on producing of which to the Receiver of the Duty of fuch Diflrift to which the fame fhall be tranf- ported, and making Oath that the Liquors by him tranfported are bona fide the fame for which fuch Certificate was obtained, no farther Duty fhall be demanded ; and all Liquors liable to the Duty aforefaid, brought into any Diflrift vrithout fuch Certificate, either by Land or Water, fliall be deemed not to have paid the Duty, and fuch Liquor, or the Value thereof, fliall be forfeited. Pen.uy on CoU XXIV, AND be it further Enabled, That no Colleftor of any of the Ports in leflrrfor dear- j.j^jg Provincc fliall, ftom and after the pafTing this Aft, clear out any Veffel im- 'J!ft Ccrt'.ficrt'e. porting any of the aforefaid Liquors, before the Mafler fliall produce a Certificate, figned by fome one of the Receivers appointed by Virtue of this or the before men- tioned Aft, that he hath paid, or fecured to be paid, the Duty aforefaid, under the Penalty of Fifty Pounds, Proclamation Money. coiieflors of the XXV. AND be it further Ena5Jed, That Mr. Jeremiah Vail fliall be, and he is in"t'Lkn-ui' hereby appointed Receiver of the Duty arifing in Virtue of this Aft, on all the I'ons. Wine, Rum, and diflilled Liquors, imported into Neufe River ; and Mr. John Spooner fhall be, and he is hereby appointed Receiver of the Duty on all the Wine, Rum, and difl:illed Liquors, imported into any of the Inlets in Onflow County -, and that the feveral Colleftors of his Majefty's Cuflioms, for the Time being, fliall be, and they are hereby appointed Receivers of the faid Duty, on all the Wine, Rum, and diftilled Liquors, that fliall be imported by Water, at every other Place within their feveral and refpeftive Ports : And that the Commander in Chief for the Time being, by and with the Advice and Confent of his Majefl:y's Council, fliall be, and is hereby impowered, to nominate and appoint fuch and fo many Receivers of the Duty on Liquors brought into this Province by Land, as fliall be neceflliry : And if any of the aforefaid Receivers appointed, or to be appointed by Virtue of this Aft, fliall die, remove, or refufe to Aft, or ncgleft their Duty, the Commander in Chief for the Time being, by and with the Advice and Confent of his M3Jefl:y's Council, fliall appoint others in their Stead and Place. o,!ieaorstoEive XXV I. AND be it further Enabled, That every Receiver of the Duty on Li- quors fliall, before he enters on the Execution of his Office, give Bond, v.'ith fuffi- cient Security, to our Sovereign Lord the King, his Heirs and SuccefTors, in the Sum of Five Hundred Pounds, Proclamation Money, for the Ufe of the Public ; with Condition that he will honeflly, faithfully, and juflly, execute the Office of Receiver LAWS (?/ North-Carolina. \6i Receiver of the Impoft or Duty aforefaid, and will fully account for and pay ail -^. D. 1754. fuch Sum or Sums of Money by him to be received and accounted for ; which Bond V v — -^ io given, Ihall be lodged in the Secretary's Office. X^CVII. /IND be it f linker EnaHed, That the feveral and refpeclive Receivers, To account witi> appointed by Virtue of this or tlie before mentioned Aft, fliall annually account, '*'' ''"''''•^ "r'"" upon Oath, with the Public Treafurers of this Province, in their feveral and ref- '^"'"''' peftive Dillrids ; and for their receiving the aforefaid Duty, and ful'.y accounting for, and paying the fame to the Treafurers aforefaid, they fhall be allowed Five pTf Cent. XXVIII. AND he it further Enabled, That all the Money arifing by the Duty n^ty ^rpropmt- impoled by this S-.&i, fh^di be paid to tlie Public Treafurers, and H^all be by them "*• accounted for and paid (their Commillions deducted) to the Genenil Aflembly, and fliall be applied and appropriated for and tov/ards finking the Public Bills of Credit to be emitted by Virtue of this Ad:, and to no other Uie or Purpofe whatfoever 5 arid, together witli the before mentioned Tax of One Shilling per Poll, fliall con- tinue to be colleded and paid, until the prefent Bills of Credit, and the Bills of Credit now to be emitted, in Virtue of this Acl, fliall be all called in, funk, and defbroyed. XXIX. AND be it further EmJIed, That.the feveral Fines and Forfeitures in Fines on.) Fo.fei- this A6t mentioned, fliall be applied, one Half to his Majefl:y, for and towards the '"'"'^f^'"^' contingent Charges of Government, and the other Half to him who will inform and fue for the fame ; to be recovered by Aclion of Debt, Bill, Plaint, or Information, in the General CiQurt of this Province; wherein no Eflbin, Injundion, Protec^cioTi^ or W'^ager of La\v^ Ai'ill be allowed or admitted of. C I-I A P. II. An AH for the further and better Regidntton of the Toivn called V^ilmington, and for repealing the feveral Acts therein mentioned. REP. C H A P. 3. An ASffor npfcinting Comr.r.ff oners of the Roads for the South tVefi Dif- tri£l of New Hariover County. K E P. 4. An additional Ad to an Aff, intituled. An Ad for impowering 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 Difliricts herein afrer appointed, in fuch Manner as tJicy judge mofl: uftful to the Public. REP.' 5. Aii A^ for granting unto the Town of Brunfwick the Privilege of chufmg and fending a Reprefcntative to the General Affemhly. R E P. 6. An Atl to impowcr the Jufiices of Craven County to fell the Lot of Land ProviHeJ for hy 7« Nev/bcrn, whereon the Court-Houfe, Frifcn, and Stocks, now are. Aa, r-'trcrf/^pni 7. An Act to continue an Art, intituled. An Acl to appoint an Agent to foUicit the Affairs of this Province at the feveral Boards in Eng- land; alfo an Aif, intituled. An Aft to encourage fames Davis to fet up and carry on his Bufinefs of a Printer in this Province, and for other Purpofes therein mentioned ; alfo an A^, intituled. An Aft to appoint Infpeftors in A^,?^ Hanover County, and for regu- lating the Exports at Cape Fear ; and alfo one other AH, intituled. An Aft for the better regulating the Militia of this Province' EXP. ' X CHAP. 62 4. D. I75+-' A IV S of N O R T H - C A R O L I N Ai ruisAarep^au ^ CHAP. Vgi. - V d, but lhr ere«- H- W E pray that it may be Enafted, And be it EnaEled, by the Honourable ingCourt-Houf-, Matthcw Rowan, Efq;, PreJident, and Commander in Chief, by and with the Advice *"^' and Confent of his Majeflfs Council, and the General Affembly of this Province, and by the Authority of the fame. That the Court-Houfe, Prifon, and Stocks, for the faid County of Orange, fliall be erefted on or near where the Wcftern Path crofl^es the River Eno, on a Piece of Land where James Watfcn nov.' lives. Comm-moners m A N D bc it further Enacted, by the Authority aforefaid. That Mr. Alexander ^ai-p.i,.tL on . j^yi^^i^^ ]y[j._ j^ijy, Cray, Mr. John Paterfon, Mr. James EUifcn, and Mr. Marmaduke liimbrough, or the Majority of them, be, and they are hereby appointed Ccmmif- fioners, to make Choice of a fuitable and convenient Place at or near the laid Path, where it crofleth Eno River, for the eredling and building thereon a Court-Houfe, Prifon, and Stocks, and alfo to contraft and agree with Workmen to build the fame, of fuch Dimenfions as to t!;em fliall fcem meet and convenient. IV. AND L A py S of North-Carolina. 165 IV. A N D for defraying the Expence thereof. Be it EymBcd^ hy the Anthcrity ^- D. 1754. aforcfaid. That the Tax laid by the before recited Ad, lliall be applied towards -r'T^^^Tf^ buildino- the Court-Houfe, Prifon, and Stocks, at the Place in this Aft before mentioned. V. PROVIB ED akvays^ That nothing in this Act fliall be conftrued to Not invaiuute make void any Contract or Agreement entered into by the Juftices of the faid J^™"^°'"" County, with any Perfon or Perions, for the building the Court-Houfe, Prifon, and Stocks, at the Place appointed by the Juftices of the faid County, in Virtue of the before recited Act, or to annul, invalidate, or make void, any Suit that is, or may be brought thereon. VI. AND be it Ena£fed, by the Authority aforefaid. That the ^fclaufe of the before recited Act, fo far as relates to the appointing a Place for building a Court- Houfe, Prifon, and Stocks, be, and is hereby repealed and made void, to all In- tents, Purpofes, and Conftructions, as if the fame had never been made. RepealingCbofe. CHAP. XIII. An Act for appointing and laying out a 'Tonvn on the Land of John Jenkins, on the South Side of Pee Dee River, in Anfon County, and for other Purpofes therein mentioned. Piivate, H E R E A S the Inhabitants oi Anfon County labour under great Difad- vantacres for Want of Trade, by being fo inconvenient to, and diftant from, any of the navigable Rivers of this Provincej only Pee Dee, and that dif- charo-eth itfelf into South Carolina, which renders it very impracticable for them to difpofe of any Thing that arifeth from the Produce of the Soil, either to pay their public or private Debts in this Province : For Remedy whereof, II. WE pray that it may be Enacted, And be it Enacted, by the Honourable cioucefter etea- Matthew Rowan, Efq;, Preftdent, and Commander in Chief, by and with the Advice and Confent of his Majefty's Council, and the General Affembly of this Province, and by the Authority of the fame. That as foon as the Proprietor ot the faid Land Ihali acknow- ledoe his Confent and Concurrence in open Court of the faid County, to have fuch Part of his faid Land laid out for a Town, as is herein after directed, Mr. Charles Rohinfon, Mr. Caleb Howell, Mr. Thomas Tomkins, Mr. JVilliam Forbes, and Mr. Ed- mund Cartledge, are hereby nominated and appointed Commiilioncrs ; and they, or the Majority of them, are hereby inveftcd with full Power and Authority to lay out Fifty Acres of Land on the faid Plantation for a Town, by the Name oi Gloucefler; and to lay out the fam.e Fifty Acres into Lots of Half an Acre each, with conve- nient Streets and Squares, for a Church, Church Yard, and Market Place. III. AND be it further Enacted, by the Authority aforefaid. That when the Com- Lots may be miffioners, or the Majority of them, have laid out the laid Town as aforefaid, every ^""'^ ' I'erfon whatfoever who is willing to be an Inhabitant of the laid Town, ftiall have Liberty to take up any Lot or Lots fo laid out as aforefaid, and not before taken up; which Lot or Lots the faid Commilfioners, or the Majority of them, are hereby impov/ered to grant, convey, and acknowledge, to the Perfon or Perfons taking up the fime, his or their Htrirs and AiTigns, for ever, in Fee Simple, upon the Pay- ment of Forty Shillings, Proclamation Money, to the Treafurer hereafter mentioned. IV. AND be it further Enacted, by the Authority aforefaid. That Thomas Tom- kins be, ani is hereby appointed Trealurer and Receiver of all iuch Sum or Sums of Money as fhall arife by the Sale of the faid Lots, for the Ufe hereafter mentioned ; and on the Death, or Departure out of this Government, of the faid Treafurer, the faid Commiuioners, or the Majority of them, fliall appoint fome other Perfon Trea- furer, in the Place and Stead of the faid Treafurer fo dying or removing. Trfafurer ap- folnteJ. V. AND J 66 LAWS 0/ N O R T H - C A R O L I rj A. J. D. 1754. V. AND be it further Enacted, by the Authority afcrefaid. That the Treafurer ^ T^" ■.-'' that is now, or may hereafter be appointed by the Comn-iiffioiiers as afortfaid, fhali Security, ° ' give Sccurity to the County Court, in the Sum of One Piuncu-cd Pounds, that he will and fhall account with, and pay all the Monies he lliall receive tor the Sale of the faid Lots, that fliall be fold, yearly, on the Firft Day of May, to the Proprietor of the faid Town. ^Yirn'Si'" ^^- PROVIDED always. That if any Lot or Lots (hall be grr.nted or ccn- ej. ' ' " veyed by the faid Commifiioners to any Perfon or Perfons whatfoever, who Ihall not, within Two Years, build a good fubftantial habitable framed Brick ur Stone Houfe, of no lefs Dimenfions tlian Twenty Four Feet in Lergth, and Sixteen Feet wide, befides Sheds or Leantos, or make Preparation for fo doing, as the Ccmmif- fioners, or the Majority of them, fhall, on View, think reafonable, fuch Grant cr Conveyance fhall be void and of none Effeft, as if the fam.e had never b.:en made; and the Commifiioners, or the Majority of them, may grant and convey fuch Lot or Lots, which Ihall not be built on within the Time, and in die Manner aforeJJud, to any other Perfon or Perfons applying for the fame, and paying the Purchafe Money as aforefaid, to the Ufe of the Proprietor of the faid Land. Nufances to be VII. AN D be it further Enabled, by the Authority afcrefr.id. That the Commif- lemored. fioncrs. Or the Majority of them, fhall be, and they are hereby impowered to remove all Nufances within the Limits of the faid Town. And Lots kept VIII. AND be it further EnaHed, by the Authority afcrcfdd. That all Perfons, cleared. PofTefTors or Owners of any Lot or Lots in the fid lown, fhali, wiihin Two Years from the Date of his or her Grant or Conveyance, ckar, and keep conflandy clear, his or her Lot or Lots, from all Manner of Wood, Underwood, Brulli, and Grubs, under the Penalty of One Shilling, Proclamation Money, for every Month fuch Owner or Owners of any Lot or Lots fhall negleft the fam.e ; to be recovered by a Warrant from any Juftice of the Peace of the County, and applied by the CommifTioners for and towards clearing the Streets of the faid Town, (a) S 1 G N E D by Matthew Rowan, Efq; PreHdent. James Murray, Prefident of the Council. Samuel Swann, Speaker. <*> <*> <*> <*> <*> <*> <*> <*> <*> <*> <*> «(*> <*> i*y i*jf <((*> <(*> <*> <*> <*> <*> ANNO (a) The remaining Claufes of this Aft, relating to building a Warehoufe in the faid Town, and appointing an Infpeftor, obfolete. L A JV S o/^ North-Carolina, 167 ANNOREGNI G E O R G I I 11. REGIS MAGN^ BRITANNIiE, FRANCIS, & HIBERNl^, V^ I C E S S I M O OCTAVO. At -a General ASSEMBLY, begun and held at Nenvkrn^ on the Arthur Do BBS, EflJJ Twelfth Day of Duemher^ in the Year of our Lord One Thoufand Governor. Seven Hundred and Fifty Four j being the Firil Seffion of this AlTem- :bly. C H A P 1. An A:^ for eflayiijhing the Supreme Courts of Juftice, Oyer and Terminer, and 'General ^^^_,,, p^,. Gaol Delivery, of North Carolina. thmation. C H A P. 2. An An for eflahliflnng County Courts^ for enlarging their Jurifdi^ion, and j^epeaied by Pro- fettling the Proceedings therein. ciamation. 3. An An to provide indifferent fury men in all Caufes, criminal and civil. Repealed by pw and for an Allowance for the Attendance of furor's attending at the t'^mation. Supreme Courts. 4. An An for appointing Tarifoes and Vejlries, for the Encouragement of an Repeated by Pro- Orthodox Clergy, for the Advancement of the Proteftant Religion., and '^'•^'"^'"D' for the Direction of the Settlement ^f ParifJo Accounts. Fart of ^hu ka hiditsEff-a, 5. An Act for granting an Aid to his Majejly^ for the Defence of the Frontier t'"rt"pr< v!.k" for of this Province, and other Purpofes. I'v '*"-■ Aft.f"r . ■^ •' appointins public Trcafureft. TW-i A£l was pid-ii under a 6. An Act for fecuring the Payment of ^litrents due to hiPMafefiy, and *^'i',',''j}j2'5!?;^'i"''° Earl Granville, for quieting the Freeholders in the Poffeffion of their cieafure wa,, * Lands, and for other Purpofes. V"*P ' '"'' " ' J " x J ' that IS 11 it yei p fjr A p fignified, 'tis not v.- Xi -rl- A • printcii. i68 LAWS of North-Carolina. A. D. 1754. CHAP. VIL An' Act for granting to his Majefty a Duty upon the Tonage of Shi'ps and ether Veffeli coming into this Province, for the Piirpofes therein mentioned. EXP. This Aa luJ Its CHAP. 8.^- An Act for r airing a Fund for paying the Salaries of 'the Chief Juflice and Attorney General, and for other Purpcfes. 9. An Act to refrain the Exportation of had and unmerchantable Tobacco, and for preventing Frands^ in his Majejlfs Cufioms. EXP. 10. An Act to facilitate the raijing Recruits to ferv-e his Majefty, in the in- tended Expedition againft the French on the Ohio, and guarding the Frontiers of this Province. EXP. - C H A P. ' XI. An Act for appointing the feveral Ferries therein mentioned, and fcr obliging the Commijfi- oners of the fever al Diftricts to make Roads to the Jame. This Aa, M^^ Y\\. And whereas the faid High-Road will tend to the great Eafe and Conve- t';on/pn>wLifnr ^^ nifnce, not only of the laid Diilri£ls, -but alio to the Inliabitants ol" the by the Road Aa. "Jq^^ ot Wilmington, and of the Diftrifts adjacent, who have been long expofed to great Hardlliips and Expences, and at fomecimes to the Danger of their Lives, from the Want of the faid Roads ; Be it therefore Enacted, That a« foon as the laid Road Ihall be ftaked out, in Manner as herein before directed, it fhall and may be " lawful for the- Inhabitants of the Town of Wilmington, and for the Inhabitants of any other Diftrid in the County of Neiv Hanover, or in the County of Bladen, or any of them, to fend,, at any Time, proper for working on the faid High-Road, a Number of not lefs than Ten able Perions, to work on the faid Read, under the Diredion of fuch an Overfcer as fhall be approved by the Commiffioners of the Dif- trift where they are to work, or the Majority of them -, and every fuch Overfe^ certifying, or making Oath, if required, what Number of Perfons have wrought on the faid Roads, and for what Time fuch Certificate fliall be counterfigned by the Commifiioners of the Roads where fuch Work fhall have been done, or the Majority of them, the like Number of Days fliall be allowed to the Perfon or Perfons pof- fefled of fuch Certificate, out of the Work that otherwife v/ould have been due from him or them within his or their refpedive Diftrids ; any Law, Ufage, or Cuftom, to the contrary, notwithftanding. CHAP. XII. An Act to eflahlifh a Public Ferry from Newbey'j Point to Phelps'i Point, whereon the Court'Houfe now fiends, on Perquimons River. EXP. C H A P. 13. An Act to am.end an Act, intituled. An Ad for defliroying Vermin in this Province. REP. ' _ *. C H A P. XIV. An Act to repeal an Act, faffed by the General AJfemlly, held at Newbef n, the Sixth Bay of April, in the 7'ear of our Lord One Thoufand Seven Hundred and Forty Eight, inti- tuled. An Ad to prevent the Exportation of raw Hides, Pieces of Hides, and Calf Skins, out of this Government. Recital. I. '1 1 7 H E R E A S an Ad, paffed by the General Aflembly, held at Newborn, : YV ■ the Sixth Day of April, in the Year of our Lord One Thoufand Sevt^n ■ ' Hundred and Forty Eight, intituled. An Act to prevent the Expbrtaticn of raw Hides, Pieces L A IV S of Nohth-Carolina* 169 J754- Pieces cf Hides, and Ca'f Skins, mt of this Goverm^^Kt, is founds by Experience, to A. D. jjbe very inconvenient and prejudicial, in many Refpefts, to tlic Inhabitants of this Province, and not to anlwer the good Ends intended thereby : Therci'ore, ;. II. BE it Enacted^ by the Governtir^ Council, and AJJkmhly^ and hy the Aiithcrity Aa repealed.- of the fame. That the aforefaid Aft, and every iVIatterand Thing therein contained, Ihall be, and is repealed, determined, made void, and of none Effeft and Force, as if the fame had never been made. ....n;.:) ;.ill c C H A P. XV. An 4^ to prevent maVicious Maiming and Wounding^ I. TT7HEREAS many mifchievous and ill-difpofed Perfons have of late, in Preamble. Y Y a malicious and barbarous Manner, maimed, wounded, and deiaced, many ot his Majeity's Subjects : For the Prevention of which inhuman Pradices, II. B E it Enacted, by the Governor, Council, end Affembly, and by the Authority of Malicious maim- the fame. That if any Perlbn or Perfons, from and after the Ratification of this Adt, '"^ P'"'""^"*- on Purpofe, Ih.iU unlawfully cut out, or difable the Tongue, put out an Eye, flit the Nofe, bite or cut off a Nofe or Lip, bite or cut off, or difable, any Limb or Member of any Subjeft of his Majefty, in fo doing to maim or disfigure, in any of the Manners before mentioned, fuch his Majefty's Subjeds ; that then, and in every fuch Cafe, the Perfon or Perfons fo offending, their Counfellors, Abettors, and Aiders, knowing ot, and privy to the Offence as aforefaid, Ihall be, and are hereby declared to be Ftlons, and Ihall fuffer as in Cafe of Felony ; provided that no At- tainder of fuch Felony fliall extend to corrupt the Blocd, or forfeit the Dower of the Wife, or the Lands, Goods, or Chattels, of the Offender. CHAP. XVI. An Act to confirm an /Igretv.ent made by the prefcnt Church'wardens end Vef.ry of Chrifl* Church Partpd, in Craven County, with the Reverend James Reed. I. T"^ THERE AS the Churchwardens and Veftry of the Parifh of Chrifi-Church Private. Y y heretofore fent to England an Order of Veltry of the faid Parifh, thereby promifing, amongft other Things, the Sum of One Hundred and Thirty Three Pounds Six Shillings and Eight Pence, Proclamation Money, fer Annum, to be paid to a Minifter of theChurch of England, in Confideration of having divine Ser- vice performed at the Church of the Parifh aforefaid, and at the feveral Chappels within the faid Parllh, at the feveral Times herein fpecified : And whereas, in Con- fequcnce of the faid Order, the faid Reverend fames Reed, at great Charges and Expence, tranfported himfelf from England hither, and hath officiated and performed Divine Service at the faid Church, and at the feveral Cliappels within the faid Pa- rifn, One Year and upwards, to the Approbation of the faid Parifli ; and the faid Churchwardens and Veftry, having contraded and agreed with the faid fames Reed^ that they will give and pay unto him, during the Time he fhall continue to perform Divine Service at the Church of the faid Parifh in Ncjjbern, and at the feveral Chappels within the fiid Parifh now ereded, the Sum of One Hundred and Thirty Three Pounds Six Shillings and Eight Pence, Proclamation Money, per Annum, and find and provide a good Glebe Houfe, Kitchen, and other neceffary Ploufes, on a Lot in Ncvubern, and the faid Lot to be well and fufficiently paled in ; in Con- fideration of which, the faid James Reed covenanted to perform divine Service at the faid Parifh Church in Nezvbcrn all Sundays in the Year, except fuch as he fhall be attending the Cliappels within the laid Parifli, or have Leave from the Veftry to be abfent -, at each of which find Chappels the faid Ja^nes Reed fhall attend and per- form divine Service, Three Times in each Year : Therefore, '- ■ ■ Y II. BE 170 LAWS of North-Carolina. ^. D. 1754. II. B E it Enacted, by the Governor, Council, and Affemhly, and by the Authority of c^traft with' ^^^ fame. That the faid Contraft fo made by and between the faid James Reed and the veftry made the faid Churchwardens and Veftry of the Parifh of Chrijl-Church aforefaid, is hereby '*^"^* confirmed, and fhall be good and vaUd in Law, and fliall be binding, to all Intents and Purpofes, as well on the faid James Reed as on the faid Churchwardens and Veftry, and their SuccefTors, Churchwardens and Veftry of the faid Parilh. S 1 G N E D by Arthur Dobbs, Efq; Governor. Matthew Rowan, Prefident. John Campbellj Speaker; ANNO LAWS of North-Carolina. 1/1 A. D. 1755. %J ki %# %# h^ %#^-i,^%^ %^ %^^ %£j %^ #% #% #f #f #% #%l^^/^% .;^% ^% §^ ^% 4^* k ANNO REGNI GEO G 1 I II. REGIS, MAGN.E BRITANNIA, FRANCIiE, & HIBERNIiE, VICESSIMO NONO. At a General ASSEMBLY, begun and held at Newbern, on the a ^„„. Twelfth Day of December, in the Year of our Lord One Thoufand Governor. '^^ Seven Hundred and Fifty Four, and from thence continued, by feveral Prorogations, to the Twenty Fifth Day of September, in the Year of our Lord One Thoufand Seven Hundred and Fifty Five : Being the Second Seffion of this AiTembly. CHAP, L An AB for granting a further Aid to his Majejly, to repel the French, and Indians in rhh Aa had its their Alliance, from their Encroachment on his Majejifs Territories in America, and ^'^'^• other Purpofes. C H A P. 2. An A& for appointing Sheriffs, and direHing their Luty in Office ; and for compelling Colletlors of Public Taxes, and Perfons intrufted with laying out Public Money, to apply and account for the fame. REP. 3. An Act for Infpection of Pork, Beef, Rice, Indigo, Tar^ Pitch, Tur- pentine, Staves, Heading, Shingles, and Lumber. EXP. 4. An Act for regulating Orphans, their Guardians, and Efiates> Thf5Aftre- enafled, by Aft Nu». 1762, Clu 5. An Act to quiet Freeholders in the Poffeffion of their Lands, and for other Repealed b Pr<, Purpofes. tlan:aii'on/ Y i CHAP, 172 L A IV S of North-Carolina. ^- D. 1755. CHAP. VI. nue'rt by fev" r'a'i ^^ ^'^^ [oT thc Rejlralnt of Vagrants, and for viaking Provifion for the Poor, and other fubfcqu.nt Afts Piirpofes. to tlieYear 1775. ^ •' Preamble. I. T¥7HEREAS divcrs idle and diforderly Perfons, having no vifible Eflates y Y or Employments, and who are able to work, frequently ftrole from one County to another, neglefting to labour •, and either failing altogether to lift them- fclves as Taxables, or by their idle and diforderly Life, rendering themselves inca- pable ot paying their Levies, when lifted : P'or Remedy whereof, NoPctfontohire jj_ B E it Enacted, hy the Governor, Council, and AJfemhly, end hy the Aiilhcriiy of Hoof" ab"ve 4S the fame. That it ftiall not be lawful for any Inhabitant of this Government, to en- Hnurs, any tax- certain, hire, or employ, in his or her Houfe, above the Space of Forty Eiaht able Peif.in re- r 1 t^ - ti r 1 r 1 • 1 1 i r moving from one Hours, any luch rerlon or Perlons whatloever, being taxable, and removing from wit'w a"c«d- '^'^^ Parifti where he or ftie formerly refided, unlefs fuch Perfon fliall firft produce a ficate from his Certificate, under the Hand of the Sheriff, or fome Magiftrate of the County from Tngp^id'^Levy'''' whencc he or ftie came, that fuch Perfon paid Levy there for the preceding Year, there the pteced. or that he or ftic camc into this Government fince, or was a Servant at the Time of o"rf Pen."of'jo ll taking the laft Lift of Taxables •, and if any one ftiall entertain, hire, or employ, any fuch Perfon or Perfons whatfoever, being taxable, not having fuch Certificate as aforefaid, he or flie fo offending, fhail forfeit and pay Tv/enty Shillings, Procla- mation Money, for every fuch Offence, to the Informer -, recoverable before any Like Penalty on Jufticc of the Pcacc of the County where the Ofience fhall be committed : And if i'ng t/h.r " with- any taxable Perfon, not having fuch Certificate, fhall ofler himfelf, or feek to be cut fuch Certifi- employed, he fhall be liable to the like Penalty of Twenty Shillings, Proclamation Money ; to be recovered and applied as aforefaid. Porf^ns deemf-j \\\^ AN T) be it fiirthcr Euactcd, hy the Authority aforefaid. That all able bodied gabon'dl " ^' Perfons, not having wherewithal to maintain themfelves, who fliall be found loitering and neglefting to labour for reafonable Wages ; all Perfons who run from their Ha- bitations, and have Wives or Children, without fuitable Means for their Subfiftence, whereby they are like to become burthenfome to the Parifli wherein they inhabit ; and all other idle, vagrant, or diffolute Perfons, wandering abroad, without betak- ing themfelves to fome lawful Employments, or honeft l.abour, or going about begging, fliall be deemed Rogues and Vagabonds. f!^ch*'p^ribn?a're ^^' A N B Ic it further Enactcd, hy the Authority aforefaid. That if any fuch to be dealt with, Vagabonds fliall be found in any County or Place, wandering, begging, or mifbr- '**'"'Lnd'ed "^ dering him or herfelf, it fhall be lawful for any Juftice of the Peace of that County, and he is hereby impowered and required, by Warrant under his Eland, to caufe fuch Vagabonds to be brought before him, and to examine and inform himfelf, as well by the Oath and Examination of the Perfon apprehended, as of any other Perfon or Perfons (which Oath or Oaths the Juftice is hereby impov/ered to adminifter) and by any other Ways or Means he fliall think proper, of the Condition and Circum- ftances of the Perfon or Perfons fo apprehended ; and if it fhall appear that he or flie is under the Defcription of Vagabonds within this Aft, the faid Juftice fliall, by his Warrant, order and direft him or her to be conveyed and whipt, in the fame Manner as Runaways are, from Conftable to Conftable, to the County v/herein his Wife or Children do inhabit, or where he or flie did laft refide (as the Cafe fhall be) and there delivered to a Juftice of the Peace, who is hereby required to caule every fuch Vagabond to give fufHcient Security for his or her good Behaviour, and ' for betaking him or herfelf to fome lawful Calling, or honeft Labour ; and if he or fhe fliall fail fo to do, then to commit him or her to the common Jail of the County, there to remain until fuch Security be given, or until the next Court ; which Court is hereby impowered, if no Security be then offered, to bind fuch Vagabond to Service, on Wages, for the Term of One Year ; and fuch Wages, after dedufting the Charges of the I'rofecution, and necefTary Cloathing, fliall be applied towards fupporting the Family of fuch Servant (if any) or otherwife paid to the Perfon fo bound. appr Laws of N o r t h - C a r o l i m a. /.s bound, after his or her Time of Service is expired, in full of all other Rccompence ^' !>■ 1755- or Reward: But if any luch Vagabond be of fuch evil Repute, that no Perfon ' — will receive him or her into Service, in fuch Cafe the Court ihall order lum or her to receive Thirty Nine Lafnes on his or her bare Back, we]] laid on, at the Public Whipping Poll, and then to be difcharged ; and in both Cafes, every fuch Vaoa- bond ihall be afterwards liable to the like Profecution and Puniflament, for every Offence of Vagrancy whereof he or fhe fhall be guilty as aforefaid ; and when any fuch Vagabond ihall be brought before a Juftice of the Peace, and k fliail not ap- pear to the faid Jullice that he or fhe has acquired a legal Settlement in any Parifii, the faid Juftice is hereby required to caufe luch Vagabond to Q:ive Security for his or her good Behaviour, and for betaking him or herfclf to forne honell Calling or Employment •, and on Failure thereof, ihall commit him or her to the Jail of the County, there to remain and be dealt with as is before herein dircftcd. V. AND for determining all Difputes concerning what fliali be accounted a On. Veu-s Re. legal Settlement, whereby any Peribn may be intitled to be provided for at the Pa- ''''''"" '" '''"'' riih Charge -, It. is hereby Enabled and Declared, That no Peribn Ihall be accounted a'lfpVseUe-"* an Inhabitant, fo as to have gained a legal Settlement in any Parifh, until fuch """'* Perfon fliall have been acftually rcfident in fuch Parilh one whole Year. VI. AND he it further EnaJIed, by the Authority aforefaid, l^hat upon Com- plaint made by the Churchwardens cf any Parifh, before a Juilice of Peace, that any poor Perfon or Pcribns is or are come into their Parifn, and likely to become cii irgeablc thereto, it fhall be lawful for fuch Juflice, by Warrant under his PTand, to caufe luch poor Perfons to be removed to tJie Pariih where he or flie was leo-ally lafl fettled ; but if fuch poor Perlbns be fick or difabled, and cannot be removed without Danger of Life, the Churchwardens fhall provide for his or her Maintenance and Cure, at the Charge of the larifh, and after Recovery, fhall caufe him or her to be fo removed ; and the Parifli wherein he or fhe was lafl legally fettled ihall reuay all Charges occafioned by the Sickneis, Maintenance, and Cure of iuch poor Per- fon, and alfo all Charges and Expences, if ilich Pcrion ihall die before Removal: And if the Churchwarden or Churchwarciens of the Parilh to v/hich iuch poor Perfon belongs, fliall refufe to receive and provide for the Perfon or Perfons removed by Warrant as aforefaid, every Churchwarden fo rcfufing ihall forfeit and pay Twenty Pounds, Proclamation Money ; one Half to our Sovereign Lord the King, for the Ufc of the Parifh from whence the Removal was, and the other Moiety to tlie In- former i to be recovered, by Adion of Debt or Information, in the County Court where the Information was made, with Cofts of Suit: And il the Veftry of the Pa- rlfli where fuch poor Perfon was laft legally iettled, fhall refule to pay and fuisfy all the Charges and Expences aforefaid, in fuch Cale, the Veftry of the Parifn re- fufing fliall be liable for the fame, to the Churchwardens aggrieved ; to be reco- vered, with Cofts, in the County Court, as aforefaid : And if any Houfe-Kecper fliall entertain fuch poor Perfon, and fliall not give Notice thereof to the Churchwardens of the Parifli, or One of them, within One Month, he or fhe lb offending, fliall forfeit and pay the Sum of Five Pounds, Proclamation Money, to be recovered, with Cofts, by the Churchwardens, for the Ufe of the Pariih, by Aftion of Debt or Information, in any County Court. VII. AND whereas it frequently happens that Mafters of Vefllls bring with them into this Province Pcribns who have not wherewith to fupport themielves, and are incapable of getting a Livelihood, by Means of wliich the Expence of the Parifli in which they are left is greatly increafed : For Remedy whereof. Be it EnrMed, by the Authority aforefaid. That from and after the Firll Day of January next, after the pafTing of this Ad, when any Mailer of a Veflel from any other Port fliall bring i.nto this Province any Perfon or Perfons who may probably be an Ex- pence to any Parifli within the fame, it fliall and may be lawful, on Complaint of any Freeholder to any Three Juftices of the County where iuch Maftcr of a VefTel flial! at that Time rel'ide, for the faid Juftices, by their Warrant, to convene iuch Mafter Method to be ta- ken whTe poor Henple come into any Parifh, and are ukily to be- come chaigeaSle tb'.reto. P?n on Chnrch- warrfcns i f the H.ir.fli II here fuch Tnor bcluiigs, rc- fufing to re. tive end ptoviJe for them ; And on the Vrf- try refilling tu p.iy all Expences ot fuch I'oi r. Pen. on Hrufc- keepers enter, lalning fncli P.or without giving N'tice fo the Chui(.hwaid:ns. Proreeriinf!! to be hart npninlt M„l- te.s oi Viirels, bunging Pcrlons into ih s Pro- vince, mho may be chirprahle Co any Pat.ib. 174 LAWS of North-Carolina. Jt. D. 1755, Mafter of a Veffcl before them, and to take the Depofition of WitnefTes concerning ^— "V*"*-' the Matter of the Complaint •, and if, on hearing the fame, it fhall appear to them, or any Two of them, that the Perfon or Perfons brought into this Province has or have not brought with him or them fufficient Effefts for his or their Support and Maintenance, and that he, flie, or they, is or are incapable of getting a Livelihood, by his, her, or their Induftry, fuch Mafter of a Vcflel fhall, by the Judgment of the faid Juftices, be obliged to give Bond, with Two fufficient Securities, to the Governor, or Commander in Chief for the Time being, in the Sum of Forty Pounds, Proclamation Money •, with Condition that he will tranfport fuch Perlbn or Perfons out of this Province within fix Months from the Date of fuch Bond, or at all Times thereafter indemnify every Parifti within this Province from any Expence which they may be at, by Means of fuch Perfon or Perfons being a Parifh Charge ; and if fuch Mafter of a Veflel fliall refufc to comply with fuch Orders, it ftiall and may be lawful for the faid Two Juftices, by Warrant under their Hands and Seals, to commit him to the Public Jail, there to remain until he fliall comply with the fame : And as often as any Perfon or Perfons fo imported fliall become chargeable to any Parifli, it flball and may be lawful for the Churchwardens of fuch Parifli to bring Suit, and recover, on the faid Bond, in the Name of the Governor, but to the Ufe of the Parifli, fo much as the Parifli have been damnified thereby, with Cofts of Suit, until the whole Penalty of the Bond fliall be recovered. £ Aa!'"" "^ "^Ili- ^NDbe it further Enacted, by the Authority aforefaid. That this Aft fliall continue and be in Force for the Space of Five Years, and from thence to the End of the next SelTion of Aflembly, and no longer. Provided for by thii Navigation y\*l, Nov. J766, Chap. 8. CHAP. VII. An AlI to direB the Method of appraifing Lands tvhereon Fcrts or Batteries now are, or hereafter fhall be ereSlcd, for the Defence of this Province. O B S. C H A P. 8. An AFt to -prevent the Exportation of Provijions and live Stock from this Province to the French or Neutral Ports. EXP. 9. An A^ to prevent malignant and infe^ioiis Diftempers being fpread by Shipping importing dtjlempered Perfons into this Province, and other Purpofcs. REP. 10. An Act to amend an A5f for facilitating the Navigation of Poft Bath, Port Roanoke, and Port Beaufort. 11. An AU for afccrtaining a proper Place for building thereat a Court- Houfe, Prifon, Pillory, and Stocks, for the County of Beaufort. REP. Private. Court Houfe whtrc eieiitt'. CHAP. XII. An A5i to appoint the Place for ereEfing the Court-Hoiife and Prifon in the County of Onflow, and other Purpofes therein mentioned. I. -TTTHEREASby Experience it is found that the Situation of the Court- yy Houfe in Onflow County, before it was deftroyed by the Storm, was not central, and by Reafon of a wide Ferry, often impaflable, very inconvenient to the o-reateft Part of the Inhabitants, and that there are no Houfes for Accommodation near the Place : For Remedy whereof, II. BE it EnaElcd, hy the Governor, Council, and Affembly, and by the Authority cf the fame. That the Juftices of the County of Onfloia fliall have full Power and Authority, and are hereby required, within the Space of Six Months next after the pafling this Aft, to creft a Court-Houfe, Prifon, Pillory, and Stocks, for the Ufe of L A fV S of North-Carolina. ^75 of the County, and to agree with Workmen to build and finifli tlie lame, at IV^nl- J. D. 1755. land'^ -F^rry, in the faid County. s.— -v-.^" III. AND be it further Ena^ed, That fo much of the County Taxes heretofore Tuxes applied. annually levied for that Purpofe, and now in the Hands of the Julfices, fhall be applied to the creeling the faid new Court-Houfe, Prifon, Pillory, and Stocks, near IFantland's, Ferry, and to no other Purpofe whatfoever ; and that hereafter all Eiedions, and other Bufinefs of the laid County, Hiall be tranfaded at the faid Court-Houfe by this Ad appointed to be built and erefted. IV. AND be it further Enabled, That for the Convenience of the Inhabitants c„u„t perr of the faid County paffing to and from the faid Court-Houfe, to tranlaft their pub- """ ^ '"''* lie Bufinefs, the Ferry called lFantland'% Ferry, at all fuch Times, fhall be main- tained at the County Charge, to be paid out of the County Tax. V. AND be it further EnaHed, That fo much of an Aft, intituled, An A^ for RepciingCiaufe. the appointing and laying out a Town at or near Mittam'j Pointy on the South Side of New River, in Onflow County, by the Name of Johnflon, for lo much thereof as relates to holding the Courr, and tranfadling all other public Bufinefs for the faid County in the Town of 'johnjhn, is hereby from henceforth repealed. PiivatCi CHAP. XIII. An All for ere5fing that Part of Rowan County, called Wachovia, into a dijlin5i Parifj, I. TT 7 HERE AS the Unitas Fratrum, or the People called the United Bre- VV thren, inhabiting that Part of the County of Rowan called and known by the Name o{ JVachovia, have reprefented to this AfTembly, that their being ereded into a feparate Panfh, will enable them to difcharge their feveral Parochial Duties with greater Eafe and Convenience than they can at prefent: II. B E it therefore Enacted, by the Governor, Council, and AJfembly, and by the Doi>bs PariA Authority of the fame. That the Trad of Land in the County oi Rowan, called and "=«=<*• known by the Nane of Wachovia, and the feveral Surveys of Land to the faid United Brethren belonging, contiguous, and adjoining to the faid Trad of Land called Wachovia, according to the known Boundaries and Limits thereof, fhall be, and is hereby ereded into a Parifh, diftind and feparate from the Parifli of St. Luke, in the faid County, and fhall be called and known by the Name of the Parifh ofDobbs; and fhall and may, from Time to Time, hold, ufe, and exercife, the like Authorities and Powers, and pofTefs and enjoy the fame Immunities and Privi- leges, as other Parifhes in this Province fhall, may, or can do ; and all and every other Perfon and Perfons who are, or fhall be Inhabitants of the faid Parifh of Dobbs, fhall be, and are from henceforth, releafcd and»difcharged of and from all Parochial Duties to the faid Parifh of St. Luke. III. AND be it EnaHed, by the Authority aforcfaid. That the Freeholders of the faid Parifh of Dobbs fhall, and they are hereby impowered and required, 10 meet at the Court-Houfe of the faid County of Rowan, on the Firft Tuefday in Juyie next, then and there to eled and choofe Twelve Freeholders of the faid PariHi, to ferve as Veftrymen of the fame ; which Eledion fhall be made by the Sheriff" of the faid County oi Rowan, under the like Rules and Reflridions, and under the like Pains and Penalties, as other Eiedions of Veflries in this Province are by Law ap- pointed to be made •, and the Twelve Freeholders fo eleded, within Forty Days after being fo, fhall, inftead of the Oaths appointed for the Qiialification of Public Officers, make a Declaration of thtr fame, according to the Form of the Ad of Parliament, intituled. An Acf for encouraging the People known by the Name c/ Unitas Fratrum, or United Brethren, to fettle in his Majejifs Colonies in America, and fub- fcribe T- -l-a Veftry. 176 LAWS of North-Carolina. A. D. 1755. fcribe the Declaration by Law appointed to be fubfcribed by Veftrymcn •, and from '^"~\r~ -^ thenceforth fhall be, and are hereby declared to be, the Veftry of the faid Parifh of Vobbs-j and Ihall and may, and are hereby required, to exercife and uie the farre Powers and Authorities as any other Veftries in this Province can, may, or ought to exercife, ufe, or enjoy, and fhall be liable to the fame Penalties and forfeitures as other Veftries, or Perfons eledled Veftrymcn, are in any Manner liable and fubjed: to -, and the faid Veftry, when qualified as aforefaid, fliall choofe Two Churchwardens for the faid Parifli the enfuing Year, who fliall and may con- tinue in Office One Year, and no longer, at which Time the faid Veftry ftiall choofe other Churchwardens. CHAP. XIV. provided for by Alt A^ fov lading out a Road from Orange County Court-Houfe to a Landing en the the Ro,d Afl. -^^^^jj i^gji fjj Qape Fear River. S I G N E D by Arthur Dobbs, Efq; Governor, Matthew Rowan, Prefident. John Campbell, Speaker, <*> <(*> <*> ^*> <(*> <(*> <(*}» -!(*> •if*)' <(*)• <(*}» '{*)' <(*> -!(*> <(*}> ii(*> <(*> ANNO LAWS of North-Carolina. 1 77 J. D. 1756. ANNO REGNI G E O R G I I II. REGIS MAGNiE BRITANNIA, FRANCIS, & HIBERNIyE, T R I C E S S I M O. At a General ASSEMBLY, began and held at Neijobern, on the ARTHUR DOBBS.Efcj; Twelfth Day of December, in the Year of our Lord One Thoufand G°^""°''- Seven Hundred and Fifty Four j and from thence continued, by feveral Prorogations, to the Thirtieth Day of September, in the Year of our Lord One Thoufand Seven Hundred and Fifty Six ; Being the Third SefHoii of this AfTembly. CHAP. I. An A^ for granting to his Majefiy an Aid of Three Thoufand Four Hundred Pounds, to This Aa had its defray the Ex pence of erecting a Fort, raifing and paying two Companies, for the De~ '^^'■^' fence of the Wejtern Frontier of this Province. CHAP. 2. An A51 for the better Regulation of the Militia, and mher Purpcfes. EXP. 3. An Act to amend an Act for ejlablijhing the Supreme Courts of Jujlice, Pm*''''^'' fo"- *>y Oyer and Terminer, and General Gaol Delivery, of North Carolina, ^^^f "?"'" ^"* CHAP. IV. An Act for afcertaining the Method of proving Book Debts, I- TTTHEREAS Doubts have arifen upon Conftruftion of the Law now ia P«apib)« V V Force, prcfgribing the Manner of proving Book Debts : For Prevention whereof for the future, Z II. BE 178 L A l^y S of North-Carolina. J. D. Manner of prov- ing Book D.bts. II BE it EnaHed, by the Governor, Council, and JJfembly, and by the Authority of the fame. That in any Adion of Debt, or upon the Cale, which hath been, or fhall be brou'jht, where the Plaintiff hath declared, or Ihall declare, upon an Euijfit, Indebitatus Mumpfit, ku^ntum Valebant, or e^Mntmn Meriiit, for Goods, Wares, and Merchandizes, by him fold and delivered, or tor Work done and performed, fhall file his Account with his Declaration ; and upon the Trial of the lUue, or executinc^ a Writ of Enquiry of Damages in fuch Aaion, {hall declare upon his corporal°Oath 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 fvich Articles as he Iball then propoie to prove by his own Oath, or any of them, but by his Book ; and in that Cale, iuch Book Ihali and may be given in Evidence, if he fhall make out, by his own Oath or Affirmation, that iuch Book doth contain a true Account of all the Dealings, or the laft Settlement of Accounts between them and that all the Articles therein contained, and by him fo proved, were Oona fide delivered and that he hath given the Defendant all jufl Credits ; and Iuch Bocik"^ and Oath 6r Affirmation, lliall be admitted and received as good Evidence in any Court of Law, lor the ieveral Articles fo proved to be delivered within Two Years belx)re the laid Aftion brought, but not tor any Article of a longer flanding : And where the Perion who delivci ca Iuch Goods, 'Wares, or Merchandizes, or performed fuch Work and Labour, ihuii die, his Executors or Adminiflratcrs may give his Book in Evidence, upon his or their making Oath, or AffiMnation, that they verily believe the Account as there charged is jutt and true, and that there are no Witneffes to his or tlieir Knowledge, capable of proving^the Delivery of the fe- veral Articles as he fhall propoie to prove by the laid Book, and Oath or Affirma- tion and that he found the Book fo ftated, and doth not know of any other or fur- ther' Credit to be given than what is there mentioned ; and Iuch Book, and Oath or Affirmation, ffiairbe admitted and received as Evidence for any Articles delivered within the Time aforelaid. in. BUT whereas it may be inconvenient and hazardous, by Reafon of bad Weather and Accidents, to carry Books of Accounts great Diftanccs to Court, when a Copy of the Account, proved in the fame Manner as by this Law the Book is to be proved, may fatisfy the Defendant as fully, Be it therefore Enacted, by the Authority aforefaid. That a Copy from the Book of Accounts, proved in Manner herein before direded, flaall and may be given m Evidence in any fuch Action as aforefaid, and fhall be as available as if fuch Book had been produced, unlefs the Defendant, or his Attorney, Ihall give Notice to the Plaintiff, or his Attorney, at the joining of the Iffue, that he will require the Book to be produced at Trial •, and in that Cafe, no fuch Copy fhall be admitted, or receiyea as Evidence. D^fendant m,y IV PROFIT) ED Mverthelefs, That the Defendant fliall be at Liberty tp conr.ft the Plain- ^^^^^^ ^.j^^ Hklntiff's Evldcnce, and oppofe the fame by other legal Evidence ; and rnd'E.«u.or"; where the Defendant (hall be an Executor or Adminiflrator, his Teflator, or In- BlI'rfo^To^. teftate's Book, fhall and may be given in Evidence againft the Plamtifl 's Book, gainft each ether. ^\,q^q the Plaintiff is an Executor or Adminiftrator, ior fuch Articles as fhafl be proved in Manner aforefaid. H, B,ok D^i,t to V. PROVIDED alfo. That no Book of Accounts although the fame may b. pr„vcd tor . ^ Qypj by Witnefs or Witneffes, fliall be admitted or received as Evidence in TZ^"^::;. any Aaion for Goods, Wares, or Merchandizes delivered or for Work done, countryTorBo'o)! above Fivc Years before the faid Aftion brought; except m Cafe of P^f^^ons^ being figned. Cnpy of Accounts nijy be prov"d, if aareed to by the Defendant. Articles of above 30 1, not to be proved by Biok, and Oath of the P.rty. out of the Government, or where the Account fhall be fettled and figned by the Parties, VI. PROVIDED neverthelefs. That no Plaintiff fhall be at Liberty to prove by his Book, and Oath or Affirmation as aforefaid, on the Trial of any iuch Adtion as afore-mentioned, any Article or Articles, the Amount whereof fhall exceed the Sum of Thirty Pounds, Proclamation Money. ^^^ L A IV S of North-Carolina. '79 In Suitt Iv ihi- D hr t.. iiiioihi.r. : 4n ught Ai\. one £.0 dgaiiift VII. AND tor preventing a Multiplicity of Law-Suits, Be it further Ena£fed, A. D. 1756 by the Authcrity aforefaid. That in all Cafes where there are, or Ihail be mutual Debts lubfiiting between the Plaintiff and Defendant, or if either Party ilie, or be fued, as Executor or Adminiibator, where there are mutual Debts fubfifting between the Tellator or Inteftate, and either Party, one Debt may be fet againft the other, either by being pleaded in Bar, or given in Evidence, on the General Iffue, on Notice given of the particular Sum intended to be fet off, and on what Account the fame is due, notwithifanding fuch Debts fliall or may be deemed in Law to be of a different Nature; but if either Debt arofe by Realbn of a Penalty, the Sum intended to be fet off fliall be pleaded in Bar, fetting forth what is juilly due on either Side ; any Law, Ufage, or Cuftom, to the contrary, in any wife, notwith- ilanding. VIII. AND he it further Em^ed, hy the Authority aforefaid. That one x\i5t RfpeaiingCiaufe. of Aflembly made in the Thirteenth Year of his prefent Majtlty's Reian, intituled An A:! prefcribin^ the Method of proving Book Bebts^ fliall be, and is hereby repealed. CHAP. V. An A:l for the Punijljmcnt of Mutiny and Tefertion^ and preventing the h arbour i^i^ and entertaining of defer ted Soldiers. E X P. CHAP. VI. An An for the Relief of fuch Perfons as have fffcred, or may f>ffer, by not havinents mentioned in the fame lie, though not within One Year after the Date of the refpedive Conveyances, fliall be good and valid in Law, and fliall enure and take Effeft, as fully and effectually, to the Ufe and Beiioof of the Gran- tees, their Heirs and AlTigns, and thofe claiming under them, as if fuch Deeds and Conveyances were acknowledged, or proved and regifl:ered, agreeable to the Direc- tion of any Ad of AilembJy heretofore made ; and the P.egiftry, or Copy of the Z 2 Record See Afl rafffd N V. 1760, Ch. 6 for arritnding this Aa, Preamble, Further Timf al- Icwerf for prfivmg D.eds and Con- rfyances. All fuch as fliall be prcived agrcea- hle to this Afl, declared gdod, St C'< pies of the Re- giliry mny be gi- ven in Evidence. i8o L A py S 0/ North-Carolina. A. D. ijs6. Record of any Deed or Conveyance, regiftercd or recorded as mentioned in this A61, *>-^v~ — ' and attefted by the Regillcr or Clerk, lliall and may, where the original Deed or Conveyance is loft, be given in Evidence in any Court of Record, and ihall be held, and is hereby declared to be full and lufficient Evidence of luch Deed or Conveyance ; any Law, Statute, or Ufage, to the contrary, notwithllanding. Evidence toD.-eds jy^ J f{ B be it furthcr Enacted, by the Authority aforefa'.d. That the Grantee e?CV°vT"th= or Grantees, in any Deed heretofore made, or hereafter to be made, fliall and may^ lime, & Manner ^^ j^j^ ^^^ Expence, on Motion to the County Court wherein the Land by the fame ot umnwn.ns. ^j.^j^j.g^-j ^|^5^ obtain a Summon for any one or more of the fubfcribing WitnefTes to Tiich Deed, which fliall be figned by the Clerk, and diredfed to the Sheriff, com- mandino- him to fummon luch Witnefs to appear at the next County Court, and give his^Evidence concerning the Execution of luch Deed, under the Penalty of Twenty Pounds : And the Sheriff fhall, and is hereby required to execute the fame, at leaft Five Days before the Court to which the fame is returnable, and make due Return thereof-, for which Summon, Service, and Return, the Clerk and Sheriff (hall be paid the iame Fees as are allowed on ilTuing, ferving, and returning. Sub- poenas in Actions -, and if any Witnefs to a Deed, lo fummoned, fliall fail to appear on the Return of luch Summons, the Court fliall give Judgment againfl; him for the Penalty aforefaid, for which Execution may be taken our, either againfl his Body or Goods, by him or them at whofe Inftance he fliall be fummoned, unlefs he fhew fuflicicnt Caule to the next fucceeding Court for not having appeared to give his Evidence. Pen. on Regifler V. A N B be it EnaHcd, by the Authority c.fcrefaid. That every Regifl:er who fliall "i'Deeds'"" negledl or delay to regifter any Deed or Conveyance within Two Months after the ^' " " '* fame fliall be delivered to him, luch Regifler, for eacii and every Two Months he fliall fo negleft or delay, fliall forfeit and pay the Sum of Twenty Pounds, Procla- mation Money ; one Half to the Churchwardens, for the Ufe of the Parifli wherein he fliall refide, and the other Half to him or them who will fue for the fame ; to be recovered by Adion of Debt, with Cofts. viiidity of Pa. VI. AND v/hereas th^ Validity of feveral Patents, granted by the Deputies of Lo'l.wetr''/ the late Lords Proprietors, has been queftioned, on Suppofltion that their Power decided' g.,od.' ' had been determined before the Arrival of a Governor in this Province, appointed by his Majefty : Wherefore, to fecure the Poflefllons of fuchas com.plied with the Forms of Government, then ufed, in taking out Patents, Be it Enabled, by the Authority aforefaid. That all Patents made and ifl'ued by the Deputies of the late Lords Proprietors, at any Time whilft they had the Adminiftration of the Govern- ment of this Province, until the Revocation or Determination of their Power to grant Lands, was publicly fignified and made known by fome Public AGt of Govern- ment, fliall, and are hereby declared to be good and available in Law, and fliall enure' and take Effeft, as fully and abfolutely, to the Benefit and Advantage of all Perfons in PoflTcffion of any Lands granted thereby, and to their Heirs and Afllgns, as if their Power to n^ake and iffue fuch Patents had, at the Time of making and ifiTuing the fame, been in no-wife revoked or determined, except fuch as have been by the Patentees at any Time refigned or furrendered •, which Patents, fo refigned or furrendered, fliall receive no additional Validity hereby, and fliall be of no more Force or Efficacy, than they would have been before the pafling this Aft ; any Thing herein, to the contrary, notwithfl:anding. Repealed hy the CHAP. VII. \%%l. 9^^' Jn AU to amend an Aa, intituled. An A£l to refrain the Exportation of bad and un- merchantable Tobacco, and for pre-venting Frauds in his Majeffs Cvftoms. CHAP. VIII. This Aa had itj y,., jf, /v,^ //jv.'mo- n ^vince called Edgcomb County into a County, by the Name of Edgcomb County, and for eftabiifhing the faid County a Parifh, and for afcertaining the Boundary Line between the North Weft and Society PariPncs, in Bertie County.' Paffed in the Year 1741. * An Ad for creding the upper Part o{ Bertie County into a County, by the Name of Northam-ton County, and for regulating the Limits between Society Parifh and the North Weft Parifla of Bertie, and for removing the Seat of Bertie County Court.' PalTed in the Year 1741. * An Ad for ereding the upper Part of Craven County into a County and Parilh, and for appointing a Place for building a Court-Houfe, Prifon, and Stocks, in the fai J Councy.' PaiTed in the Year 1746. ' An Ad for dividing Edgcomb County and Precind, and for ereding the upper Part thereof into a County and Parifh, by the Name oi Granville County, and St. Johr^^ Parifh, and for appointing Veftrymen of the faid I'arilh.' PafTed in the Year 1746. ' An Ad for ereding the upper Part of New Hanover County into a County and Parifli, by the Name oi Duplin County, and St. Gabriel's Parilh, and for appointing a iMace for building a Court-Houfe, Prifon, and Stocks, in the faid County.' PafTed in the Year 1749. ' An Act for erecting the upper Part of Bladen County into a County and Parifh, by the Name of Anfon County, and 5/. George's Parifh, and for appointing a Place for building a Court-Houfe, Pnlbn, and Stocks, in the faid County.' PalTed m the Year 1 749. of Aa% and Tiiwns rs-el- Cablilhcd. II. AND whereas his Majefty, taking into his Royal Confideration the humble Several c umies Repref.^ntation of the AfTembly of this Province, letting forth that many Inconve- niences, with Refped to the future Settlement of this Province, might arife from the Repeal of the faid Ads ; his Majelty has been gracioufly pleafed, by an In- fcrudion from their Excellencies the Lords Juftices to the Governor of this Province, dated the Firft Day of July, One Thoufand Seven Hundred and Fifty Five, to authorize and dired the (aid Governor to give his AfTcnt to any Ads which fhall be pafTed by the Council and AfTembly of this Province, for re-eftablifhing the feveral Towns, Precinds, and Counties, heretofore ereded by the Twelve Ads which have been repealed as aforefuid, and for confirming the Rights of the People, as by the i32 LAWS of Nokth-Carolina. A. D. 1756. the laid Ads they were eftablifhed, under certain Provifions and RcfVridions in the laid Orders mentioned ; Be it therefore Enacted^ by the Gcverncr, Council^ and Jfcf/j- bly, and by the Authority of the fame^ That the ieveral Diviliuns, Precinds or Dif- tnds of tn.is Province, which have herttoforc btiongtd to the k veral and rcipeftive Counties and Towns aforelaiJ, before the Repeal ot the before- recited Ails of Af- fembly, Ihall, and they are hereby declared to be re-cliabliflied into Counties and Towns, by the feveral and refpeftive Names by which each Divifion, Precin6V, or Diftrid, at the Time ot repealing the alorelaid Ads, was known and denominated •, and each of the faid Counties lliall be limited and bounded according to the Bounds and Limits heretofore known and reputed to be the Bounds and Limits thereof. R-,yaiPrerognt;v: III. PRO FID E D afwdys. That nothing herein contained fliall be conftrucd, f,,r in.orp'.rjting dccmed, or taken, to alter or derogate fro.n the Right and Royal Prerogative of his Towni, referved. j^yj^j^j^^^ j^l^ Heirs or Succcffors, of granting Letters of Incorporation to the faid Counties and Towns •, of ordering, ap^.ointing, and direding the Eledion of a Member or Members, to reprefent them in Allembly ; and of granting Markers and Fairs to be kept and held in them refpectively : But that the laid Right and Preroo-ative fhall and may, at all Times hereafter, be exercifed therein by his laid Maj tty, his Heirs or Succeflbrs, in as full and ample Manner, to all Intents and Purpofes whatlbever, as if this Act had never been made. D=c.is & Convey- IV. AND be it further Enacfed^ That all Deeds and Conveyances for the con- ...ces for Land , ycyino- of any Lands, Lots, or Tenements, in either of the Counncs or Tov/ns Z T.;vns"a7,re" aforclald, to any Perfon or Perfons whatfoever, either to the Ule of the Public, or hi, deciated ^.^ ^.j^^.j^. ^^^^ ^jj-^^ j^^ Confcquencc of any or either of the faid Acts of Aflembly lb ^'"^ ' repealed as aforefaid, Ihall, and are hereby declared to be good and valid in Law -, and Ihal! enure and take Effect as fully, to the Benefit of the Grantees, their Heirs and AlTigns, and all others concerned, as if the fame Acts had never been repealed. n'ainin ^- A N D be it further Enu^ed, by the Authority aforefaid. That the Five Acts c,",o;es*t"'b!"'"^ of the General Aflembly of this Province, intituled, as follows, 'viz. his Majcll/, re- P"''^' « An Act for dividing Part of Granville, fohnfion, and Bladen Counties, into a County and Parilli, by the Name of Orange County, and the Parifh of St. Matthew, and for appointing Veftrymen for the faid Parifh, and other Purpofes therein-men- tioned.' PafiTed in the Year 1752. * An Act for erecting the upper Part of Anfcn County into a County and Parifh, by the Name of i ■ Koad Act, tame in Icverat LounticS. CHAP. XII. An Act for the belter Regulation of the 'Tcwn -J abiesof th.Town thc Method therein prefcnbed for clearing the Streets, making and repairing bridges, lione^rs t^nr^'i's 3"^ Public Wharfs, has b.en found inconvenient-. Be it Enacted, by the Authority altered by Aft. dforefaid. That the CommilTioners of the faid Town, together with the Freeholders N^>v. 1757, ch. j.j^gj.gy^^, ^^1] ^gg^ ^j jj^g Court- Houfe in the faid Town on the Third Tuefday in November next after the paffing of this Act, and fo yearly, and every Year, on the liaid Third Tiicjday in November, and then and there, by the Confent of the Majority of the laid CommifTioners and Freeholders then met, lay fuch a Tax on the Inhabi- tants of the faid Town, as fhall be fufficient to defray the Expence of clearing, makino- and repairing the Streets, making and mending Public Wharfs and Bridges, and for doinp- all Public Services the Inhabitants of the faid Town are now fubject to do and perform ; and for defraying the Expence of procuring a correct Plan of the faid Town, and for all other necefiary Expences the CommifTioners may be at, in building a Pound, employing a Clerk, or appointing Guards or Watches, or other Contincrencies that may happen •, provided the faid Tax does not exceed the Sum of T.xhowcoiia- Ten Shillings, Proclamation Money, per ?o\\i, which faid Tax fhall be collected "** by the Sheriff of the County of Craven, and paid to the Treafurer of the faid Town, within One Month after the fame fhall be laid ; and if any Perfon fliall withhold, and not pay the faid Tax, within One Month after the fame is laid, it fhall and may be lawful for the iaid Sherifl' to make Diflrefs and Sale of the Offender's Goods and Chattels, in the fame Manner as for Non-Payment of other Taxes, and to take and receive for his Trouble Two Shillings and Eight Pence, Proclamation Money. •town i:;habi- yj^ A N D be it further Ena!!Jed, by the Authority aforefaid. That ^l^e Inhabitants f'?m working on of thc laid Town of Newbern fhall be for ever hereafter excufed from working on the Ruu^s. j.|^g Streets of the faid Town, or from working on the Country Public Roads, lo long as they continue to live in the faid Town, and no longer. T.pwn L,jts how ^jj^ AND whcrcas the Settlement of the faid Town oi Newbern hath been trauuj. much retarded, by Perfons taking up Lots in the faid Town, and not building thereon, as by the Tenor of their Deeds or Grants is provided ; and whereas after the Time limited therein for improving the fame, the fame Perfons have been per- mitted to enter and take up the fame again, whereby many Lots in the faid Town lie unimproved : For Prevention whereof, Be it EnaHed, by the Authority aforefaid. That tlie CommifTioners of the faid Town, for the Time being, or any Three of them, are hereby authorized, impowered, and direded, to grant, convey, and ac- knowledge, under the fame Reftri'flions and Limitations in Deeds given for Lots by former CommifTioners of the faid Town, to any Perfon requiring the fame, and to their Heirs and AfUgns, for ever, in Fee-Simple, any Lot or Lots of Land ' ' •■ within the faid Town, not already taken up and built on, agreeable to the Laws heretofore made for regulating the faid Town, or any Lot or Lots that may hereafter be liable to be taken up for want of being built on as aforefaid, he or they paying for each Lot Twenty Shillings, Proclamation Money, for the Purchafe Money thereof, to and for the Ufe of the Proprietors of the faid Town. T:,bef.ved VIII. PROVIDED nevertheless. That where any Perfon or Perfons fhall wiihinis Months f^greafter take up any Lot or Lots in the faid Town, and fhall not build thereon, »eaiB°to tbe uL within Eighteen Months from the Date of their Conveyance, a good habitable peif.m. Brick, Stone, or framed Houfe, of not lefs Dimenfions than Sixteen Feet wide, and Tv/enty Four Feet long, the fame Perfon (except where the Title of luch Lot or Lots, before the Expiration of the Time for building thereon, fhall fall to a Minor or Minors) fhall not be allowed to take up the fame again, until the faid Lot or Lots hath lain vacant Six Months ; but the fame may be immediately, or at any Time, granted to any other Perfon or Perfons defiring the fame, on the Conditions Iierein-before-mentioned. IX. AND L A IV S of NoRTH-CAROLINAi 185 IX. AND whereas fundry Difputes may hereafter arife concerning the Titles to Lots in the faid Town ot Newbern^ and the Bounds thereof; Be it Enacted, by the Authcrity afonfaid. That the Comnuffioners or Jultices, formerly appointed by an Act of Alfembiy of this Province, and their Succelfors, are hereby declared to have had a good, abfolutc, indcfeafible Eltate, in Fee, in the Tvi^o Hundred and Fifty Acres of Land, laid out by the faid Act, for tiie laid Town of Neivbern, in Trult and Confidence, to and for the Ules in the faid Ad mentioned ; and the Coaimiflioners by this Adl to be elcfted and choien, arc hereby declared to have a good, abfolute, and indefeafible Fllate, m F^ee, in all fuch Lots within the faid Town, which have not been difpoied of by the lonr.er Commilfioners or Juftices, and built on agreeable to Law, in Trull and Confidence, to and for the Ules in this Act mentioned ; and the faid Two Hundred and Fifty Acres of Land, laid out for the Town of Newbern as aforefaid, fliall for ever hereafter be confirmed to the faid Commiffiuners for the Time being, in Trull and Confidence, to and for the Ufes in this A6t mentioned. And all and every Ferfon and Fenons whatfoever, who have heretofore purchafed and paid for any Lot or Lots in the faid Town, and have fully complied with the Conditions of their Deed or Grant, or who may here- after purchafe, pay for, and fully comply with the Conditions of their Deed or Grant, are hereby declared to be invelled with a good, abfolute, and indefeafible Eltate, in Fee, to fuch Lot or Lots, and the fame are hereby confirmed, in Fee, to fuch Perfon or Pcrlbns, and to his and their Heirs and Afligns, lor ever. X. AND be it further Ena^cd, by the Authority aforefaid^ That all Water or Front Lots adjoining the Streets or Lots of the faid 1 own of Newbern, fliall be deemed, held, and raken to be Fart of the laid Town ; and it (hall and may be lawful for any F^rfon to take up the lame, and build thereon any Wharf, Store- Houfe, or other improvement, as they fhail think proper, after givino- Three Months Notice in Writing to the Owner or Owners of luch Lot or Lots as Ihall front fuch Water Lots : And where any of the faid Water or Front Lots have been heretofore fold and conveyed by CiiUen Pollock, Ffq; deceafed, the late Proprietor of the faid Town, or any former Comiiuffioncrs of the faid Town, to any Perfon or Perfons whatfoever, fuch Sale is hereby declared to be good and available in Law, to pafs the Fee-Simple Ellate of fuch Lot or Lots to fuch Purchaler or Pur- chafers, his or their Heirs and Afligns, for ever; and fuch Purchafer or Purcha- fers, his or their Heirs and Affigns, are hereby declared to have a good, abfolute, and indefeafible Eilate, in Fee, in and to the fame. XL AND for quieting the Inhabitants of the faid Town in the Pofleflion of their Lots within the lame. Be it Enacted, by the Authority aforefaid. That where a Certificate Ihall be obtained from the Commilfioners of the faid Town, or Oath made in the County Court of Craven, by one credible Witnefs, that any Lot or Lots within the faid Town have been faved according to the Deed or Grant for the fame, fuch Certificate or Oath fliall be deemed good Evidence in any Court within this Province, againft any other fublequent Deed or Deeds that fliall or may be given for any Lot or Lots within the faid Town ; and all Courts within this Pro- vince are hereby required to receive fuch Certificate or Oath as Evidence accordingly. XII. AND be it further EnaHed,- by the Authority aforefaid^, That the Commif- fioners of the faid Town fliall choofe a proper Perfon to be Clerk of the faid Town, who fliall, before he enters upon the Execution of his Office, give Bond to the Commilfioners of the faid Town, with Two good and fufficient Sureties, in the Sum of One Hundred Pounds, for the due Execution of his Ofiice ; which Clerk fliall keep a regular and fair Journal of all the Proceedings of the Commiflloners of the faid Town, and regifl:cr therein all Deeds given by the Commiflioners for Lots in the faid Town, with the Time when they were granted, and to whom, and alfo of the Time when the fame became lapfable, if lufFered to become fo ; to which Book all Perfons fhall have free Acccls, on paying One Shilling, Proclamation Money, on Penalty of Twenty Shillings like Money lor every Rcfufal ; to be re- covered as herein after directed : And the faid Commiflioners are hereby impowered A a and yl. D. 1756. Tuwn Lets eta- fiiTDfd tM the Ccinniifliionftrs, in Tmli, for the Water Lots de- clared Part of the Tiivvn, and cun- fiimrd to thePuti iharcrs. Certificates of Lnts being faved, a good Title. T.nvn Clerk ta be cbsfcn. His Dut}. J 86 L A IV S of North-Carolina. A. D. 1756. and required to caufe the Streets and Paflages of the faid Town to be laid out, be- <>— '■v^— ^ ginning at the South Weft Corner of the Church Lots, and good fubftantial Tofts kyouTSown" to be fet up at the Corner of every Square of Lots in the faid Town j and alfo to and make a Plan, ^-^ufe a ttuc and exaft Plan of the faid Town to be made, with proper Delcripuons, b" ^77 1, chrp' and lay the fame before the next Seffion of Aflembly, and if by them approved of, 17' to be for ever hereafter deemed the true Plan oi the faid Town. Proztded, That in fuch Plan Regard be had to the firll Owner of every faved Lot, to preferve his Title thereto, although it ftiould appear to be mifnumbcred. Town to be XIII. AND whereas the Fence lately erefted around the faid Town is, by fenced. Reafon of its being done with Rails only, gone greatly to decay, the Rails being many of them rotten ; and whereas it will be commodious for the Inhabitants of the faid Town that the faid Fence be kept in good Repair, Be it Enatlcd, by the Authority aforefaid. That the faid Commiilioners and Freeholders, at the Time they lay the Tax on the Inhabitants of the faid Town, for clearing the Streets thereof, Ihall, and they are hereby impowered and required, to lay fuch other Tax on the Ov/ner or Owners of every laved Lot or Lots within the faid Town, as (hall be fufficient to fence the faid Town with Pofts and Rails, and to keep the fame in continual Repair; provided that fuch Tax does not exceed One shilling. Proclamation Money, in any one Year : And the faid Commiflioners are hereby alfo impowered and required to employ a proper Perfon annually to keep the faid Fence in Repair, and alio to dif- pofe and make Sale of the remaining Rails now to be found belonging to the faid Fence, for the beft Price that can be got for the fame, and to apply the Money to the common Stock of the faid Town -, which faid Tax (hall be collefted and paid in the fame Manner of the Tax laid on the Inhabitants for clearing the Streets of the faid Town. Pen. for dfrfioy. XIV. A N D he it further Ena5!ed^ hy the Authority aforefaid^ That if any Perfon ing the fen.e. ^^^j wilfully puU down, take away, or by any Means ueftroy the Rails of the faid Fence, or fhall wilfully unhang, leave open, or otherwife injure the Gates of the faid Town, whereby Horfes, or other Creatures, may be let out of the faid Town, fuch Perfon or Perfons, being thereof lawfully convidted, fhali forfeit and pay, for the firft Offence, Forty Shillings, Proclamation Money, and for the fccond, and every fubfequent Offence, Three Pounds like Money ; to be recovered as herein after dircded : And if any Offender fhall not be able to pay fuch Fine, or is a Ser- vant or Slave, he, fhe, or they, fhall receive at the Public Whipping-Poft Thirty Nine Lafhes, on his, her, or their bare Back, well laid on. No Stock to run XV. A N D be it further Ena^ed^ by the Authority aforefaid. That no Perfon, at largs inTown. Inhabitant or Freeholder of the faid Town, fhall keep running at large therein more than one Cow and Calf, and one Horfe, or fix Head of Sheep, for every faved Lot he or fhe fhall be pofTelTed of, on Penalty of Twenty Shillings for every Offence, to be recovered as herein after direded ; and that no Perfon whatfoever (except the Inhabitants or Freeholders thereof) fhali keep running at large in the faid Town any Horfes, Cattle, Sheep, or Hogs (except their riding Horfes, during their Stay therein, and Perfons bringing Cattle to the Market of the faid Town) on Penalty of Twenty Shillings, Proclamation Money, for every Offence, to be recovered as herein after direfted; and the Commiffioners of the faid Town fhall caufe a Pound to be built, wherein fhall be impounded all Hogs, Cattle, Horfes, or Sheep, found running at large in the faid Town, contrary to this A6t. Comm-ffioners to XVI. AND that the faid Town of Newhern may be the better regulated, Be Or'dets, fnrreg". // EtiaSfed, by the Authority aforefaid. That the faid CommifTioners, or the Majority hiing the Town, ^f j^gm, fhall have full Power and abfolute Authority to pafs fuch necelfary Rules and Orders as to them fhall feem meet, for removing all Nufances within the Bounds of the faid Town, for Perfons to remove Dirt and Rubbifh from before their Doors, to grub and clear their Lots, and make proper Drains and Water-Courfes through them •, for pulling down all wooden Chimnies already built in the faid Town, and preventing L A tF S of N b R T u - C A R o L I a A. i 8/ preventing the building thereof for the future, in Order to prevent Dangers by ■^- 0. i75<^. i^'ire, provided that Six Months Notice be given to the Owners of lych Chininies as '^ — v-^— ' are already buiit to pull down the farue ; and for all other Things that may tend to the Advantage and la^provement of the faid I'own, lo as the iame be not repug- nant, but as near as may be, agreeable to the Laws of England ard this Province. XVII. AND he it further Enaried, by the Authority aforefaid. That all Fines and ^^"'^ ''°"' '"°- Forfeitures in this Aft mentioned, the Recovery of which is not otherwiie directed, fhall be by Warrant under the Hands and Seals of the Commiflioners, or the Majo- rity of thcin, directed to any fworn Officer of the County oi Craven, to convene luch Delinquent or Delinquents before them, at a certain Day mentioned in the laid Warrant, and on Conviftion, to give Judgment, and award Execution, for fuch Officer to levy the faid Fine by Diltrels and Sale oi the Offender's Goods and Chat- tels ; which faid Fines fuch Oificer fhall pay into the Hands of the Treafurer of the faid Town, as Part of the common Stock, and fhall be applied towards defraying the contingent Charges of the faid Town : And the Commiffioners of the faid Town, Ccrr.m;min-rs to or the Majority of tliem, are hereby invented with full Power and Authority to lay ^^^l^';'"^^""" out and appropriate all Monies which fliall be paid to the faid Treafurer by Virtue of this Act, as tliey lliall think moft for the Good of the faid Town : And the faid Treafurer to ac- Treallirer /hall be obliged to account with, and pay to the Proprietor of the faid p°o"Hcur'^ ^^^ Town, all Monies which he fhall receive for the Purchale of Lots in the faid Town, and alio fliall pay all Monies belonging to the faid Town to fuch Perfon or Perfons as the Commilfioners, or the Miijonty of them, fhall direct, by Warrant under their Hands, to him directed. XVIII. AND that the Number of Commiffioners for the faid Town may be Cm-niffinners to always kept up. Be it Enacted, That if any oi the faid Commilhoners fhall die, or ^' '''^' "^" remove out of the Province, or refufe to qualify, the remaining Commiffioners fliall elect and choofe others, in the Room and Stead of thofe lo dying, removino-, or refufing to qualify as aforefaid. XIX. AND for the Encouragement of the faid Town of Neivhern, Be it ■'"'''■'^ Eu/inefs. Enacied, hy the Authority aforefaid, I'hat tlie Clerk of the Court of Cra'ven County, ^ L" klpc^m"'' and the Sheriff of the fiid County, fliall keep their refpeftive Ofiices in the faid ^own. Town, on Penalty of Five Pounds for every Week they fliall negled: the fame -, to be recovered in any Court of Record in this Province where the lame is cognizable, by any Perfon that fhall fue for the fame : And all Elections, and other Public Bufinefs of the like Nature, belonging or appertaining to the County of Craven^ fliall be held and done in the faid Town, and at no other Place whatloever. XX. AND whereas heretofore little Regard hath been paid to the Orders Comm-rrnnerf given by the Commiflioners of the faid Town of Newbern, Be it Ena^ed, That the pj^JI '""''^ CommifliDners of the faid Town for the Time being, or the Majority of them, fhall have full Pow.er and Authority to lay fuch Fine on any Perfon or Perfons that fhall refufe or neglect to obey any of the Rules and Orders that fliall be pafled by the - • faid Commilfioners, or the Majority of them, for the better regulating of the laid Town, as they fliall think fir, not exceeding Twenty Five Shillings, Proclamation Money ; and on Kefufal or Negleft to pay the fame immediately, to ifllie theif Warrant, direfted to any fworn Oflicer, to levy the fame by Diftrefs and Sale of the Oflendcr's Goods and Chattels, the like Proceedings being firfl: had as before direded tor the CommiiTioners to obferve, in die Recovery of Fines impofed bv this Ad. ' ^ ^ XXI. AND be it further Enabled, by the Authority aforefaid. That all and every Rcprai;ngc;..r«. other Ad and Ads, Claufe and Claufes, Article and Articles thereof, heretofore made, for fo much thereof as relate to any Matter or Thing within the Purview of this Ad, is hereby repealed, made void, and of none Effed. A a 2 CHAP, i88 L A IV S of North-Carolina. A. D. 1756. See A£V, Nov. 1771, Chap. 20, Preamble. B 'unds of the Town, Public Bnfinef' to t>e done in Town, Public Offif -s to be kept in Towm Hiocecdinss where Houfes Uu It on the Street?, or on 0- ther P.'op'es Ground, CHAP. XIII. An AB for the Regulation of the Town 0/ Wilmington. I. T T 7 H E R E A S the ereding and eftablidiing the Town of IVihrJngton hath y Y been found highly beneficial and convenient to the Inhabitants of the Souihern Parts of this Province, and others carrying on Commerce with them : For the better Regulation and Improvement of the faid Town, II. B E it Ena5fed^ hy the Governor, Council, and Affemhly, and hy the Authority of the fame. That the Town called IVihnington, lying on the Eafl Side of the North Eail Branch of Cape Fear River, fhall be bounded and circumfcribcd in Manner following. That is to fay : To the North Eaft by the Lands of the late Governor Gabriel Johnfton, Efq-, deceafed, upwards and below by the Lands formerly belong- ing to Michael Dyer, running back One Hundred and Twenty Poles from the Ri- ver, as may more fully appear by the Plan of a Survey of the faid Town, made in the Year of our Lord One Thouiand Seven Hundred and Thirty Three, now in the Secretary's Office ; which Plan Ihall be for ever hereafter the true and exa6t Plan of the faid Town, by a Reference to which all Difputes in Regard to Streets, Squares, Lots, and their Boundaries, are to be determined for the future. III. AND be it further EnaEled, by the Authority aforefaid. That for ever after the pairing of this Aft, the Courts of the County of New Hanover, the Eleftion of Reprefentatives to be lent to the General AfTembly for the laid Town or County, the Eleftion of Veftrymen for the Parifli of 5/. Jams, and all other Public Eleftions for the faid County and Town, fhall be made and held in the Town of Wilmington, and at no other Place ; any Law, UJage, or Cuftom, to the contrary, notwith- ftanding. IV. AND be it further Enacted, by the Authority aforefald. That the Sheriff of the County oi New Hanover, the Clerk of the Court for the iaid County, and the Reglfler of the faid County, for the Time being, fhall for ever hold and keep their refpeftive Offices in the faid Town of Wilmington \ and that if any cf the laid Offi- cers fhall negleft or refufe fo to do, each of them, fo neglefting or refufing, fliall, for every Week he fhall be a Delinquent, forfeit and pay the Sum of Forty Five Shillings, Proclamation Money -, to be recovered by any Perfon who fhall fue for the fame, in the County Court of New Hanover, by Aftion of Debt, Bill, Plaint, or Information ; wherein no Eflbin, Injunftion, Proteftion, Privilege, or Wager of Law, fhili be allowed or admitted of: One Half to fuch Informer, the other Half to the CommiiTioners of the faid Town for the Time being, to be applied for the Ufe and Benefit of the faid Town. V. AND whereas by the Unfkillfulnefs of former Surveyors, and Negleft of the Proprietors, the Courfe of the Streets, and Bounds of the Squares and Lots, wiere never properly afcertained, by which many Houfes are mifplaced, fome en- croachinor upon the Streets, and others upon the Lots of their Neighbours : For Remedy whereof. Be it Enacted, 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, until they are no longer tenantable, and then the Ov»^ner fhall be obliged to pull fuch Houfe or Floufes down, and clear the Street or Streets of all the Rub- bifh ; and when they build, to buiid within liis, her, or their Lot or Lots, under the Penalty of Fifty Pounds, Proclan^ation Money, to be recovered as herein after is direfted. And where any Perfon or Perfons has the Whole, or any Part of his or their Houfe or Houfes, not having a Brick Chimney, or Brick or Stone Cellar, on another Perfon's Ground, then it fhall and may be lawful for the Party injured, to give Notice in Writing to the Owner or Owners of fuch Houfe or Houles, to remove what Part of the fame may be on fuch Pcvibn or Perfons Lot or Ground, in Six Months after the Date of fuch Notice, which he or they fliall be obliged to do, under the Penalty of Fifty Pounds, Proclamation Money ; to be recovered in the LAWS of North-Carolina. the Supreme Court of the Difl:ri6l of New Hanover County, by the Party fo injured, ^- D. 1756 and to be applied to his proper life, and to no other Purpofe whatloevcr. Houfes with britk Chimnies, Ac. nit to ba rtiaoved. VI, PROVIDED neverthelefs^ That in Cafe fuch Houfe or Houfes have one or more Brick or Stone Chimney, or Brick or Stone Cellar, then the Owner or Proprietor of fuch Houfe or Houfes iliall not be obliged to remove the fame, but may be at Liberty, and is hereby allowed to pay a Ground-Rent, for what rart he encroaches upon his Neighbour, where Notice or Warning was not, before the building of fuch Chimney or Cellar, given of fuch Encroachment ; which Rent, and all Difputes arifing about Encroachments and Damages upon Lots, fhall be afcertained and determined by the Commiffioners of the 1 own, or the Majority of them. And that the laid Commiffioners may be the better enabled to difcharge their Truft, they are hereby required, at the Expence of the Town, to get a Copy of the aforefaid Plan of the faid Town, lodged in the Secretary's Office ; and in Cafe any Difputes fhould hereafter arife, to lay out the Streets or Lots according thereto, beginning at the South Eall Corner ot Mr. John Mcrris's Houfe, on Mar- ket Street, near the Court-Houle ; from which Corner all tuture Surveys of the faid Town fhall be commenced. VII. AND he ii further EnaoJed, hy the Authority aforefaid. That the faid Commimoners to CommilTioners, or the Majority of them, fhall determine all Complaints cf Nuf..n- '^'""''^ Nufar.c«. ces, by Lumber or Rubbiih lying upon the Streets or Wharfs, Dangers of Fire arifing from Wooden Chimnies, or any fuch hazardous Buildings, and pafs fuch Orders as they fhall think necelfary for the Removal of the fame. CcmmifTionfrs to get a Copy (if the f'lan K dgcd in the Sicretar)': Office, and (o make all Survejs by it. VIII. AND v/hereas the Inhabitants have been at a great Expence in buildino- a Public Wharf, where Boats may come to and difcharge ; Be it further Enaued, by the Authority aforejaid. That no Vtlfel or Vcficls fhall lie at the faid Wharf, or at any other Public Wharf to be built for the future, without Licence firft obtained from t!ie Commiffioners •, and if any Perfon or Perfons ffiall incumber any of the faid Wharfs with Naval Stores, Lumber, or any other Thing whatfoever, fuch Perfon or Perfons ffiall be obliged to remove fuch Incumbrances within Twenty Four Hours after Notice thereof given by the Commiffioners, or th^ Majority of them, under the Penalty of Forty Shillings, Proclamation Money ; to be recovered by a Warrant from the Commiffioners ot the faid Town. IX. AND he it further Ena"ed, hy the Authority aforefaid. That the Com- miffioners of the faid Town for the Time being, or the Majority of them, are hereby impowered to pafs iuch Orders as they may judge proper tor the brino-incr to Juftice or profecuting thofe who ffiall deal or traffick with Negroes, without proper Tick- ets from their Mailers, MiftrefTes, or Ovcrfcers ; and for preventing all Mobs or Cabals of Negroes, or others ; for the more efftrftually bringing to Juftice all Cri- minals and Offenders againft the Laws of this Province; and alio for prefervino- the Peace and Safety of the faid Town -, to appoint proper Guards or Watches in the faid Town, as often as Occafion may require ; to be ready on all Occafions of Riot and Difturbance, or to prevent Malefadors breaking the Prifon or Gaol. Provided, That one of the Commiffioners be of the Number of the faid Watch, to give necel- fary Orders, X. AND whereas the allowing of Hogs to run at large in the faid Town is found to be a great Nufance to the Inhabitants; Be it EnaSted, hy the Authority aforefaid. That none of the Inhabitants of the faid Town ffiall, on any Pretence whatfoever, fuffer any of their Hogs to run at large within the Bounds of the laid Town ; and any Hog or Hogs, running at large, ffiall be forfeited to any Perfon who ffiall feize or kill the fame,* XIII, AND tfTcIs lying at e PiiblicWharf, Pt-rlins )um- ring it, to pay. See Afl No-rm- bcr 1771, Chap, au. Sta. II. *■ Sections 11 and 12 altered, and provided for, by Aft Nov. 1771, Chap. 20. 190 L A IV S of North-Carolina. J. D. 1756. XIII. AND he it further Enacted, by the Authority aforefaid. That the Inhabi- ,^^i^^(^. tants of the laid Town fliall be, and they are hereby exempt, and for ever hereafter ea.ptfrom excufcd from working on tlie Country Public Roads, during fuch Time as they live in the faid Town, and no longer. Tow tant working on Roads. Lit':(o1)eiIpared, and prnpei Drains made thro' them. Fif; Engine, &e. to iie purchifcd. XIV. A N D as there are many Lots in the faid Town not yet cleared, nor proper Drains nor Runs made through them to let the Waters have a free Courfe, to the manifeft Injury and Unhealthinels of the Inhabitants of the faid Town ; Be it further Enatled, by the Authority afcrcfaid. That the Commiflloners for the Time being, or the Majority of them, fhall, and they are hereby direfted, to order the Proprietor or Proprietors of any Lot or Lots, to clear all or any Part of them, and to make proper Drains or Water-Courfes through them, within Six Months from the Time of the Date of fuch Order, in Writing, figned by the Commiffioners of the faid Town for the Time being, or die Majority of them ; and any Ptrfon neg- lecting or refufing, flirul forfeit and pay the Sum of Twenty Shillings, Proclamation Money, for every Month they fhall refufe or negleft to obey fuch Order ; to be re- covered by a Warrant, under the Hands of the Commiflloners, or the Majority of them, directed to one of the Conftables of the faid Town, on the Efiefts of fuch Delinquent or Delinquents. XV. AND whereas the Damages that may arife from Fire in the faid Town may be very great, and a Necefllty appears for providing one or more Water En- gines ; Be it Enabled, by the Authority aforefaid. That the Commiffioners, or the Majority of them, fliall, within Two Years after the paffing of this Aft, value every Houfe within the Bounds of the faid Town, and lay a Tax not exceeding Two pr Cent, on fuch Value, upon every Owner or Owners of luch Lloufe or Houfes ; which Monies, fo laid, fliall, by Order of the faid Commiffioners, or the Majority of them, be colleiled, and applied towards purchafing Water Engines, Buckets, Ladders, and other Inftruments for the extinguifliing ot Fire-, and if any Pcrfon fliall negledl or refufe to pay fuch Tax, the fame fhall be levied by a Warrant under the Hands of the Commiffioners, or the Majority of them, direded to one of the Conftables .of the faid Town, on the Efiedls of fuch Delinquent or Delinquents. Gprr.x Iffi,- inct ■s ro Tiioke i^lles and OrH^rs fo r ti ■ p.,. Jatir.g the T.I XVII. AND be it further Enabled, by the Authority aforefaid. That the Com- miffioners for the Time being, or the Majority of them, fliall, and are hereby im- powered, to pafs any Orders they may judge proper, fur preventing the building of neceflary Houfes on any Stream of Water running through the faid Town, cr having Drains from fuch Houfes into any of the faid Streams ; to remove iuch Houfes already built; for preventing of Cattle being kept up in a Pen above Three Days, without being fufficiently fed and watered ; for preventing Mortar, Clay, or Wooden Chininies, being built, and for pulling down fuch as are already built ; for making the People keep their Chimnies clean, and raifing th^m to a proper Heio-ht, not under Four Feet above the Ridge of the Roof •, for preventing the keeping Naval Stores or Lumber in any Houfes whereby Damages may arife to Neio-hbours \ for obliging all Perfons to clear the Streets before their Houfes ; and for all other Things for the Good and Safety of the faid Town, and the proper Government of it, confiftent with the Laws of this Province-, and to enforce iuch Orders, by laying a Fine, not exceeding Forty Shillings, Proclamation Money, on all Perfons negledfing or refufing to comply therewith. Town Clerk to be hired, in \vh fe B>ok Town Or- ders, £cc. lo be •nleied. XVII. AND be it further EnaHed, by the Authority aforcfaid. That the Com- miffioners for the Time being fliall hire a Town Clerk, and Ihall keep a Town Book -, in which fliall be entered all the Orders they miay make, the Defaulters on the Streets, and the Accounts of the Monies they may have'received, the Manner they have applied fuch Monies, and wliat Sums may remain in their Hands, under the Penalty of Fifty Pounds, Proclamation Money ; to be recovered by any Perfon who fliall or may fue for the fame, in the Supreme Court of the aforefaid Difl:ri6t ; wherein no Eflbin, Injunftion, Frotedion, or Wager of Lav/, fliall be allowed or admitted of. XVIII. AND Laws of North-Carolina. J9I A. D. 1756. Ci.innj'fti tiTs going cur ot Of-i fice, tn acfount with their Suc- ceffors. Sec Af> Nfivrm- her 1771, Chap, io, S.a. 10. XVIII. A N D be it further Enacted, by the Authority nforefa:d. That the Com- miffioners, on going out of Office, Ihall pay into the Hands of their SuccelTors fuch Sum or Sums of Money as they have in their Hands ; and in Cafe they fhould negleft or refufe fo to do, they fhall forfeit and pay Fifty Pounds, Proclamation Mo- ney ; to be recovered by fuch fucceeding Commillioners, by Action of Debt, in the Supreme Court of the aforelaid Diltnd ; wherein no Eilbin, Protection^ In- junftion, or Wager of Law, fhall be allowed or admitted of. XIX. AND whereas often Times during Divine Service there are great Dif- turbances in the Streets, or near the Place where the fame is performed ; Be it En- acted, by the Authority aforefaid. That the Conftables in the faid Town, each in their Turn, fhall be obliged to walk the Streets during the Time of Divine Service, to prevent all fuch DiRurbances, and to apprehend ail Delinquents, who fhall be punlfhed as Breakers of the Sabbath, a XXI. AND be it further Enabled, by the Authority aforefaid. That the Com- miflioners, or the Majority of them, are hereby impowered to lay fuch Pines on all who refufe or negleft to obey any of their lawful Orders, after being made public, as they may judge neceffary, not exceeding Two Pounds, Proclamation Money, lor each Default ; to be levied by Warrant under the Hands and Seals of the laid Commiffioners, or the Majority of them, directed to either of the Conftables of the faid Town, who are hereby obliged to execute the fame ; which Fines, recovered as aforefaid, Ihall be applied to the Public Fund or Stock of the faid Town. XXII. FR VI D E D always. That it fhall and may be lawful for any Perfon Right of Appoi. or Perfons, who fhall think himielf or themfelves injured by fuch Fine, to appeal to the Juftices of the County Court, who are hereby impowered to determine the fame in a fummary Way. Cimmi/Tionprs to l.iy Finis en De- linquents. XXXIII. AND be it further Enabled, by the Authority aforefaid^ That all Fines and Forfeitures, the Method of Recovery of which is not otherwife directed by this Ad, fhall be recovered with Cofts, in any Court of Record in the County oi New Hanover, Refpeft being had to their Jurifdidion, by the CommiiTioners for the Time being, or the Majority of them, by Aftion of Debt, Bill, Plaint, or In- formation ; wherein no EfToin, Injunction, or Wager of Law, fhall be allowed or admitted of. And all Fines and Forfeitures mentioned in this Act, not exceeding Two Pounds, Proclamation Money, fhall be recovered by a Warrant under the Hands and Seals of the Commifiioners, or the Majority of them, diredted to the Conftables of the Town, or either of them, againft Body or Goods, as in A6tions of Debt, and in all Things fubjed to the fame Rules; all which Fines or Forfei- tures, recovered in any of the before-mentioned Ways, fhall be applied and paid into the Scock of the faid Town. Fines and Forfei- turfS hriW reco- vered, and applia cd. XXIV. AND be it further Enacted, by the Authority aforefaid. That the Com- PoWic Meetiigi milTioners and the Inhabitants fhall have free Liberty to hold all their Public Meet- c,u'iSufe."" ings, on all Occafions, in the Court-Houfe, and have the Liberty of a Key to the fame. XXV. A N D for the better afcertaining the Method of choofing fuch Commif- iioners, and the Qualifications neceffary for fuch CommifTioners -, Be it Ena^ed, by the Authority aforejaid. That any Perfon who on the Day of Eledion, and for Three Months next before, was feized in Fee-Simple, or for Term of Life, of a Brick, Stone, or framed Houfe, with one or more Brick or Stone Chimnies, of the Dimen- fions of Twenty Feet long and Sixteeen Feet wide, within the Bounds of the faid Town, fhall have a Right to vote for fuch CommifTioners, and be fufficiently qua- lified Qualificstirn of Voters for Com- milBoncrs. *■ Sedion 20 altered, by Adl Nov. 1771, Chap. 20, 92 L A JV S of North-Carolina. A. D. 1756. CommifTioners to be elcfted only every 3 Years, ty Aft November 1771, Chap, zo. Thiir Oath. Niim'itrrf Com- milfiine s to be kept up. Comm'ffioners appuintcdi pen. nn OrJina'jr Keepers fuffering tippling on Sun- days. No Perfon to t^uft Sailors above a/8. Pen. f,! Plan of the laid Town,' to- be laid out infAJoh Lots as they 'fhall thinis. moft iviitable ^"'* ^'""^ 'V'' and convenientj andcauJe' aT'lan^ of'fuch-Lots ta be made, ' with Marks and JNum- ''" .,''"",,'.' bcrs to the fame inicrted,' and (hall on' Application,' by -Deeds oi" Conveyance; grant and convey the iame in luch Manner^, and under -the hke Conditions-,. aS -isdxereia- betort; direded in the granting ot iuch vacant Lots as are contained in the prefent- Plan -Gf the laid' ToW-ni,: and have not been heretoiore appropriated- to the U'fe' ot- t-lie Governor-or Commander in Chief, as is ' before -recited ; .and all' Ddeds-^hich fhuU be executed for the'fame, fliall,- and are hereby declared to be -good- and'validi in Law, and fhall- efieAually-convey the 'Fee-SHnple thereof to -the GranteesJ their Heirs and xVffigns, for ever, on comply iiig with and fuliihing the -Conditions, to 'be expreffed in the fume Deeds % 'and ali.Lots^xo be granted -in- VitMrue ©f this > A6t -Ihair of iiic tc4i be.deemed and reputed 'to bd within the Bounds ot the faid' Town, and the Owhers^ •' - ' '■ thereof ihall at all Times' befubjecH'tothe-fameDucitSj; Taxation-^, and-Impoficionsi^ arid inticld^ to- the fame Ri^tits and FriV-ileges, -'as the Owners. oi Lots, akeady, granted. - - ^ ' -'■• '■ -•- -^-^'^^ ' '■ ^- ■■ - -■-- -^ ■■■-■- -- y i^ •-•■"' - • . . . X. AND to prevent Difputes in Refpeft to Grantees of any Lots, or thofe Certificate » of who-claim under fuch Grantees;- having- compl'-ied'vvith the Condition-s- in' the Deeds gjoodXuVr^ by which the lame have' been, or Ihall be granted ; ■ Be it Anau/ed^ by the Authority i-'-i '' .. afqrefaid^ ' That in alP Cafes whefe a Certificate fliall - be had from the ConlmilTionerSj or a Majority -of them, or Oath ihall- be -made in the County Court ot Chowafjj by. one ■ crceiiole WitriiJfs,' -that any Lot or Lots hath or have 'been laved 'accordinDc£d ot Deeds by which tlie fame is, are,' Or fliall be granted; fuch Certificate, -or a Ctopy of the Reebrdof fuch Oathj Ihall, in aliCotirts of Law; br' Equity, '■be deemed an:'t' held to- be legal' Evidence, ^ that the Conditions of fuch' Deed or Deeds have been fuifllied and complied with.- '■■■■'' •■-''- ^ -i'-....-j.j:- -. .(..vh XI. AND be it further Enacted, by the Authority aforefaid, T^^t the feveral Streets and Pub- Parts within the prefent 'Plan -of the laid Town-, laid cut for 'Streets^'^ PafTage's," tM Ju^^"xt{"l^idl' C'hurch,' Cduncil Rodni; 'Btiryirig Place; Market Place, Court-Houfe, Priiorij^aiid i «,.,.,.i ,.>d. Common, be referved for thofe Ufes, 'and no other.'-'-^5 c... .-. ■. ^ ,., . ,h ,i, .a-.A XII. AND he it further EmHed^ by the Authority aforefaid, That the Com- miiTioners, or a Majority ot them, may, and they are hereby impov/ered, iannuaily, oh the Second 'Tkefday in January^ to lay a Tax .on tach Mak Taxable >m the- faid Town, ftot exceeding One, Shilling and Sixpence, Proclamation Monty ;' to^ be kp- plied towards the -Expence of building and repairing Fublic' '"Wharfs, a Market Houfe, or fo defray other Public Charges- in the laid Town ; which Tax fliall 'bc^' collected by fuch Pcrfon as they fliall 'appoint, who fliall demand the fame -j^'aiid \Xi Cafe of Refufal or Neglcd after fuch Demand, -kvy'tiie fame by Difl;rers and' Sale orthe Gliod'g'of theFerfori 6r Perfons ^fo' tefUfing of negle6ting, nni fhall rrr^ntin*; for the fame totheComniifiloners; onGath. •■ ',. ' - ^. -- .= XIII. AND be it further Ena'ucd, by the Authority aforefaid^ That each and every Perfon or'Perfons'pblil-fledi, or who Ihall be liereaftei- poflk^fled <)f any Llbt or Lots in the laid Town, ' not yet cleared, fliall, -within the Space of Six Months after the paihni^ of this A61, where they are at present • in PoflelFion, and within Six Months after the Date of their Deeds- for any Lots hereaftei" to be' granted; ■ cut- down all Brui'h^thcrc'on growing, and once in each Year do the fame, under tfe Pe:- fialtyof Five Shillings, Proclamation Money, for each Negleft ; to be recovered a'nd applied -as is herein after direfledi "- ■ - ■ ■- -* , -- '> - - -- :>■- ■• ..vd Tax 'ai I wi:. ami flbiall account' .t Perfons to tfl^cir LiOt^,, clear I'ear XIV. the A-ithon A N D to prevent Annoyances and Nufances, Be it further Ena^ed^ by ty nforcfaid. That if any Perlbn or PtTions fliall throw our, 'or lay in^any" Public Street, 6r upon any Public Place in the faidTown, any Dirt, 'Rubbifii. Duft; or or Nufance! pre- j 196 LAWS of North-Carolina. Pen. for refufiag to obey theOver- fecr's Summons. Town to be laid uut. Tan laid f T fenc- ing the Town. J. D, 1756. or Mortar, except fuch as are building or repairing Houfes, every Perfon, fo cf- ' ^^ — ' fending, fliall forfeit to the Commiffioners ot the laid Town, for every Offence, Ten Shillings, Proclamation Money, to be recovered and applied as is herein after directed ; and if any fuch Offence is committed by any Servant or i]lave, luch Ser- vant or Slave fhall be punifhed by whipping, not exceeding Thirty Lafhes, by Di- reftion of Two Juftices of the Peace, provided the Mafter or Miflrefs refufes to pay the faid Fine. XV. AND he it further Ena^ed^ hy the Authority aforefaid. That as often as the Overfeer of the Roads or Streets in the faid Town fliall lummon the Male Tax- ables thereof to clear the faid Roads, Streets, and Public Places, of all Woods, Weeds, Rubbifli, or other Nuances, or to repair or mend the Streets or Bridges in the fame, any Perfon refufing to obferve the Overfeer's Direftion, except fuch as by Law are exempted from working on Public Roads in any County, he fliall for- feit and pay, for every Offence, the Sum of Ten Shillings, Proclamation Money j to be recovered and applied as is herein after direded. XVI. AND he it further Enacted^ hy the Authority aforefaid^ That the Com- miffioners oi the fuid Tov/n lliall, wi:hin Six Months after the paffing of this Ad, lay out, or caufe to be laid out, the Streets and Paffages of the fame, and caufc good Polls to be fet up to afcertain the Bounds thereof. XVII. AND he it further Enabled, hy the Authority aforefaid. That the Com- miffioners of the faid Town, or a Majority of them, may, and are hereby impower- ed, within One Year after the paffing of this Ad, to lay a Tax on each and every Perfon holding any Lot or Lots in the fame, according to the Number of his or her Lots, not exceeding Five Shillings for each Lot, to be applied towards fencing or ditching in the faid Town ; and in Cafe any Perfon fliall negleft or rtfufe to pay the fame, he or flie fliall pay Two Shillings and Six Pence, over and above the faid Tax, for each Lot he or ftie fliall hold, to be recovered and applied as herein after directed. XVIII. A ND he it further Enacted^ hy the Authority aforefaid. That if any Per- fon, after the faid Town fliall be fenced or ditcheu in, fliall voluntarily pull down^ or deftroy any Part of the Town Fence or Ditch, fuch Perion fliall forfeit and pay for every OB'ence Ten Pounds, proclamation Money, to be recovered and applied as is herein after djreded ; and from and after that Time, it fliall and may be lawful for any Perfon to take up and pound any Hcgs, Shoats, or Pigs, which fliall be found ranging at large in the faid Town, fo long as the Fence or Ditch fliall be kept in good Repair -, and the Hogs, Pigs, or Shoats, fo taken up, fliall be fold at Audion, and the Money arifing thereby given by the Commiffioners to the Poor of the Town. XIX. AN D he it further EnaSfed^ hy the Authority aforefaid^ That all Fines and Forfeitures in this Ad m,entioned, not exceeding Twenty Shillings, Proclamation Money, fliall be recovered by a Warrant under the Hands and Seals of the Com- miffioners of the faid Town, or a Majority of them ; and all Fines and Forfeitures above Twenty Shillings, fliall be recovered in any Court of Record, by Adion of Debt, with Cofl:s, by the faid Commiffioners. XX. AND he it further EnaSfed, by the Authority aforefaid. That all Fines and Forfeitures by this Ad impofed, and not otherwife appropriated,' and all Monies which Iliall arife by the Sale of any Lots to be granted by the Commiffioners of the faid Town, as is herein before direded, fliall, and are hereby direded, after their reafonable Charges and Expences are deduded, to be applied towards building and keeping in Repair a Market Houfe and Public Wharfs, and towards buying one or more Water Engines, Buckets, Ladders, and other Infl:ruments, to be under the Care of the faid Commiflloners, for the Safety and Prefervation of the faid Town, in Pen. for Je(froy« ing the Ftnte. No Hogs to run at large inTown. Fines how leco- tcred. And applied. L A fV S of N O R T H - C A R O L I N A. 97 in Cafe of Accidents of Fire, and to fuch otlicr Ufes as the faid Commiuloncrs fliall ^. D. 1756. think molt lor the Encouragement and Advancement thereof. XXI. AND whereas the Church in the faid Town, partly built by the chari- table Donations of religious and well difpoied Chriftians, for Want of Money in the Hands of the CommilFioncrs, remains unfinilhed, and the prefent Vellry of St. Paul's Parilli have negleded to lay a Tax for the nnilhing thereof j wherefore, that the pious Intentions of the Donors may not be fruifratcd, in an Undertakino- fo well intended for the Encourageinent or Religion, Be it Enatled, by the Authority aforefaid. That an annual I'ax of Two Shillings, Proclamation Money, fliall be, and is hereby laid on each taxable Perfon in the Parifh of St. Paul., in the County of Chowan., for Two Years next enfuing, and fhall be colleded by the Sheriff in the fame Manner that Public Taxes are collefted, and fliall be accounted for and paid by him to the Commiffioners of the faid Church, who fhall, and are required and dired^d to apply the fame towards finifhing the faid Church in a decent and work- manlike Manner, and to call all former Commdrioners, their Heirs, Executors or Adminiftrators, and others, who have in their Hands any Money heretofore appro- priated to that Ufe, to Account ; and on their failing to account and pay the ian:!e, on Motion to the Supreme Court at Edentcn, to obtain Judgment, and take out Execution againft them for fo much as there ihall appear to be due from them, giv- ing Ten Days previous Notice of fuch Motion to the Party againft whom the iame {had be made. T Chuicn. d for ii- XXII. AND be it further EnaHed, by the Authority aforefaid. That tlie Com- miflioners appointed for finifhing the faid Church Ihall, once in Two Years, account to the Juftices of Chowcn County Court for all Money by the faid Commi.Tioners already received, or hereafter to be received, either on Account of the Donations made, or Taxes laid for building and finifhing the fame, and for whatever Difburfe- ment they have heretofore made, or fliall hereafter make ; and in Cafe of their fail- ing to account as aforefaid, the faid Juftices fhall and may maintain an Adtion againft them for the Money they fhall have received, and recover the fame with Cofts ; and the Monies fo recovered, fnail be applied towards finifhing the faid Church, as is before directed. Cotnmiffijners to account with the TiuiUts. CHAP. XV. An A^ to limit the Time for holding County Courts., and other Purpofes. CHAP. XVI. An AEl to amend and continue an ASf., intituled., An A5f for granting to his Majejly a Duty upon the Tonnage of Ships and other Vejfels coming into this Province^ for the Purpofes therein-mentioned. E X P. Prnvtded f -r Ky the Inferl"' Crt. Aa, paOVd N' V, 1762, Chap :. CHAP. XVII. An A£i for erecfing a new Court- Houfe, Prifon, Pillory., and Stocks., in Pafquotank County., and other Purpofes. I. TT WHEREAS by Experience it is found that the Situation of the Court- y Y Houfe in Pafquotank County is not central, and by Reafon of a wide Ferry, often impalTable, very inconvenient to the greateft Part of the Inhabitants ; which, together with the ruinous Condition of the Court-Houfe, and the Want of a Prifon, lays the Inhabitants under great Hardfhips to continue the Court-Houfe at the Place where it nov/ ftands : For Remedy whereof. Private, II. BE 19B LAWS o/North-Garolina. il. B E ii Enabled, by the Governor, Council, and Jffembly, and by the'/ruthcnfy of the farae. That the Court oi the County ot'Pajquotank fhail have kill Power- 'and' Authority, and are hereby required, within Eighteen Months after the'p'afTirtg oi^_ this Act, to ere6t a Court-Houfe, Frifon, Pillory; and Stocks, for the U:fe''of :lhe^ County, and to agree with Workmen to build and finilTi the fiime, at Reif'B Fferry,- on the Land oi' Thomas Relf, inthe faid County, ■ ■: -> -^■•,•5 Court sdj^urned jjj^ AND be it further Enabled, by the Authority afcrefaid. That fo foon as th the Court- H. life to be' faid Court-FIoufe, Prifon, Pillory, and Stocks, (hall be erefted and finil'Mdj' the' '»^'"« Juilices of the faid County fliall, and are hereby directed and required, toadjourn" the i'aid Court, by their Order, trom the Place where the fame is now held at Eroinn-^ field, to the Court-Houfe fo to be ereded and built on the Land of the faid Thomas Relf, by Virtue of this A6t ; and all Suits, Anions, Plaints, Pleas, and' Gthef Matters and Things, before the faid Court then depending and undetermined, fhall Hand adjourned and continued accordingly-, and all and every Perfcn and Perrons' having Day in the faid Court, and all Witncfies, fliall be bound and obliged to ap-^ pear at the fame^, according to fuch Adjournment. - - ■,:-^- '^ • p Tjx to be iiid. IV. AND be it further Ena^ed, by th'e Authority aforefaid. That the faid Court • ' ' fhall, and -^re hereby required, to lay and levy aT'ax on the taxable Perfons'in'thirir County, fufficieut to fatisty and pay the Contrad tliat the faid Court fhall make and' enter into lor ereftingthe faid Buildings ; which Tax fhall be collected by- the She^-' riff of the faid County, and by him accounted for as other Taxes are, for which hz fliall be allowed Vwt-per Cent, for his CommifTions. ■ . . 1 \m...:. ..j Repeaiingciaufe. y^ AND be it further EnaEled, by the Authority afcrefaid. That all and every A<51 and A6ts^ Claule or Article, heretofore made, lor any Thing within the Purvit^^>^ of this Ad, is and 'are hereby repealed and made void, -, - . ..... i\.\\\-\^ ' C PI A P. XVIII. This A£i hid Its Ah Act to iiMpowcr the Sheriff of GranviWe, and the Collector of the T'axes of St. John'f ^'^' ' Parifh, to cJlect Public, County, and Par iflj Levies. ' '. '"■ i-"'^ C H A P. XIX. An Aci for adjourning the County Court of Beaufort, and other Purjofes. 1> E P. CHAP. XX. An Act for dividing the Parip of St. Patrick, in the County ~— ' from Time to Time, have, hold, and exercife, the like Authorities and Pov/crs, and polfefs and enjoy the lame Immunities and Privileges, as other Pariihes in this JProvince. ■ III. AND be it further Enacted, by the Authcrity afcrefaid. That the Veftry of P^'i'-ii'^-^'^^^- the aforefaid Parifh of St. Patrick, as it now is undiviucd and entire, fhall from henceforth be, arid is hereby dilfolved and" made void to all Intents and Purpoles. Provided neverthdefs. That all Acts of the faid Veftry heretofore legally made and done, are hereby declared to be as good and valid, as if tliis Ad had never been made. , IV, AND be it further Enacted, by the Authority aforefaid. That the Freehold- farifte? to eleft ers of the laid Parifli of St. Patiick, as tiie fame fliaJl Hand divided from the afore- ^'"""* faid Parilh of St. Stephen, fliall, and are hereby impowered and required, to meet at the Court-Houfe of the faid County of Johvflon, on the Third Tuejday in No- vember next^ then and there to choofe and eledl Twelve Freeholders of the faid Pa- riOi, to ferve as Veftrymen of the fame. And the P>eeholders of the faid Parilh of St. Stephen fliall, and they are hereby impowered and required, to meet at the Houfe of Mr. Samuel Smith, on Ncufe River, in the faid Parilh, on the Fourth Tuefday in November next, then and there to ele6l and choofe Twelve Freeholders of the faid Parifh, to ferve as Veftrymen of the faid Parifh : Which Eledlions fhall be made by the Sheriff of the faid County oijihnfton, under the like Rules and ReftriCtions, Pains and Penalties, as well in Relpe^^t to the laid Sheriff, as the Freeholders of the faid Parifhes, as other Elections ol Veftries in this Province are by Law appointed to be made. And the faid Freeholders fo elefted for the faid Parifhes re peCtively, within Forty Days after being elected, fliall, before a Magiftrate of the laid County of Johnfion, take the Oaths by Law appointed to be taken fur the Qtialification of Public Officers, and repeat and fubfcribe the Declaration directed to be made by the Ad of Afl^embly, intituled, An Ait for appointing Parifl.es and Veflries, for the En- couragement of an Orthodox Clergy, for the Advancement of the Proteftant Religion, and for the Bire^ion of the Settlement of Pariflo Accounts, and alio repeat and fublcribe the Teft ; and fhall be, and are hereby declared, from thenceforth, to be the Veftries of the faid Pariflies lefpedively, until the ufual Time of electing Veftries in other Pariflies •, and fliall and may, and are hereby required, to exercife and ufe the fame Powers and Authorities, as other Veftries in this Province may, can, or ought to exerci e; and fliall be liable to the fame Penalties and Forfeitures as other Veftries, or Perfons eleded Veftrymen, are in any Manner fubjedl to. And the Veftrymen of the faid Pariflies refpettively, or the Majority of them, when qualified as afore- faid, fliall choofe Churchwardens for the faid Pariflies, who fhall continue in Ofhce until the ufual Time of eleding Churchwardens in the enfuing Year, at which Time the faid Veftries fliall again choofe Churchwardens. t- V. A N D be it further Ena5fed, by the Authority aforefaid. That all and every Repealing chufe. Ad and Ads, and every Claufe and Article therein, heretofore made, as far as relates to any Matter or Thing within the Purview of this Ad, is and are hereby from henceforth repealed and made void. CHAP. XXI. An A.l for laying a Tax on the Inhabitants of the Parifhes of St. Patrick and St. Thi.Aa had its Stephen. ^*^""^"^' CHAP. 200 L A (V S of Nokth-Carolina. J. D. 1756. rrj vati. C">')nties re -jftl- tjztis for Land J ja fuch Counties declared vdlid. Rny.il Prerogative of grannng Clur- ters of Incurpofd. tioc. CHAP. XXII. ^n Act to re~ejlablijh the CouMies of Rowan, Cumberland, and Orange. I. YTTHEREASan Aft for erefting the upper Part of Avfon County into a V V County and Parilli, by the Name of Rowan County, and St. Luke's Pa- rifh, and for appointing a Place for holding a Court in the faid County ; an Aft, intituled, An A51 for eretling the upper Part of Bladen Coiihty into a County and Pa- Hfb, by the Name of Cumberland County., and St. David'j Pariflo -, and An Atl for dividing Part of Granville, Johnllon, and Bladen Counties., into a County and Parifb, hy the Name of Orange County >, and the Parifj of St. Matthew, and for appointing Vefirymen for the faid Parifh., and other Purpojes therein-mentioned., have been repealed by an Afty intituled, nn Act for re-eftablifking federal Counties and Tozins, and for other Purpofes : And whereas his Majefty has been gracioufly pleafed, by his Royal Inftruftions, to authorize his Excellency the Governor to give his AfTcnt to an Aft to re-cftablifli the Counties aforefaid ; !l. B E it therefore Enacted^ by the Governor^ Council^ and Affembly., and by the Authority of the fame., That the feveral Divifions or-Dillrifts of this Province which have heretofore belonged to the relpeftive Counties aforefaid, before the Repeal of the before-recited Adts of Affembly, fhall, and are hereby declared to be re-efta- blifhed into Counties, by the relpective Names by which each County or Diftrict, at the Time of the repealing the aforefaid Acts, was known and denominated ; and tach of the faid Counties Ihall be limited and bounded according to the Bounds and Limits heretofore known and reputed to be the Bounds and Limits thereof. III. AND be it further Enacted., That all Deeds and Conveyances for the con- veying of any Lands, Lots, or Tenements, in either of the faid Counties, to 'any Perfoh or Perfons whatfoever, either to the Ufe of the Public or to their own Ufe, in Confequence of the faid Acts of Affembly fo repealed as aforefaid^ Ihall, and are hereby declared to be g od and valid in Law, and (hall enure and take Effect as fully, to the Benefit of the Grantees, their Heirs and Affigns, and all other Perfons, concerned, as if the fame had never been repealed. IV. PR OVID E D altvays., That nothing herein contained fhall be conftrued, deemed, or taken, to alter or derogate from the Rights and Royal Prerogative of his Majefty, his Heirs or Succeffors, of granting Letters of Incorporation to the faid Counties, and of ordering, appointing, and directing the Election of a Member or Members to reprefent them in Affembly, and of granting Markets and Fairs to be kept and held in therri reipeftively j but that the faid Right and Prerogative fliall and may, at all Times hereafter, be exercifed therein by his faid Majefty, his Heirs or Succeffors, in as full and ample Manner, to all Intents and Piiipofes whatfoever, as if this Aft had never been made. Private. Parifhes confjli- cUtvtl. .CHAP. XXIII. - An Act for confolidatin'g the Parifhes of St. John and 'St. Peter, in the Count j of Paf- quotank. 1. TT THERE AS the Parifhes of St. John and St. Peter, in the County of y V Pafquotank., by Reafon of the fmall Number of Taxables in them, arc not able to fupport Clergymen to ferve the refpeftive Cures thereof: II. BE it therefore Enacted., ly the Governor., Council., and Affembly., and by the Authority of the fame.. That the aforefaid Parifhes oi St. John and St. Peter fhall be, and are hereby united and confolidated, and from and after the paffing of this Aft fhall be united and confolidated, and remain one entire Parifli, and be called and known by the Name of the Parifli of St. John j and fhall and may, from Time to Time, L A IV S of N O R T H - C A R O L I N A. Time, have, hold, and exercife, the Hke Authorities and Powers, and pofiefs and enjoy 'the lanie Immunities and Piivileges, as any other Parilh in this Province. And the Free.holders of the iaid Parilh of St. John Ihall, and are hereby required, to meet at the Court-Houfe of the aforefaia County of Pajquotank, on the Firft Tuefday in Dece:nber next, then and there to eled: and chdofe 1 wcive Freeholders of the laid Parilh, to ferve as Vcilrymen thereof; which Eledioh Ihall be made by the Sheriff of the laid County of Pafquoiank, under the like Rules and Rcih-idtionS, Pains and Penalties, as well in ReipeCt to the laid Sheriff; as the Freeholders of the faid Parilh, as other Eleftions of Veftries in this Province are by Law appointed to be made. And the faid Freeholders lb eledled for the laid P.rifli, within i^orty Days after being elected, Ihall, before a Magiftrate of the faid County ot P^_/2/^c/fi;z>, take the Oaths by Law appointed to be taken for the Qiialification of Puolic Olficers, and repeat and fubfcnbe the Declaration direfted to be made by an Adt of AfTcmbly-j intituled. An A:l for appointing PariJIjes and Veftries^ for the Encouragement of an Orthodox Clergy, for the Advancement of the Iroteftant Rtligion^ and for the Dire3tion of the Settlement of Parifn Accounts, and alfo repeat and fubfcribe the Teft -, and fhall be, and are hereby declared from thenceforth to be the Veifry of the (aid Parilh, until the ulual Time of electing Veftrymen in other Pariflies •, and fhall and may, and are hereby required, to exercife and ufe the fame Powers and Authorities, as any other Veltry in this Province may, can, or ought to exercife, and Ihall be liable to the fame Penalties and Forfeitures as other Veilries, or Perfons cleded Veftry- men, are in any Manner fubjed to. And the Veftrymen of the faid Panfh, or thie churct,w^rdensto Majority of them, when qualified as aforefaid, Ihall choofe Churchwardens for the ''' '''"'"'"• faid Parilh, wlio fliall continue in Office uniil the ufual Time of eleding Church- wardens in the enluing Year, at which Time the laid Vcftry Ihall again ehoofe Churchwardens. • III. A N B he it further EnaHed, hy the Authority aforefaid^ That all and every Repealing ciaufe. other A5t and A6ts, Claufe and Claufes thereof, heretofore made, for fo much .thereof as relates to any Matter or Thing within the Purview of this Adt, is and are hereby from henceforth repealed and made void, to all Intents and Purpofes. C FI A P. XXIV. Art Acl for diviJing the ParifJo of Edgcomb, in the County of Edgcomb, into two difiin£i Parijles. I. "^ ^IJ" H E R E A S the Parifh of Edgcomb, in the County o{ Edgcomb, is of fuch I'lWate. larofe Extent, that no Minifter will ferve the Cure thereof: II. B E it Ena^edi by the Governor, Council, and Affembly, and by the Authority cf the fame. That from and after the palhng of tliis Ad, the laid Parilh oi Edgcomb ftiall be divided as fol!ov/s, to wit. Beginning at Cun£fa Creek, where the Line of the faid Parifh crolTes the fame, and up the faid Creek, as it Meanders, to the Head thereof, and from thence a ftraight Courfe to FifJoing Creek, at or near Michael Borman'si and up the fiid Creek to the Line which divides the faid Parifh of Edg- comb from the Parilh of St. John ; and that all that Part of the faid Parifh of Edg- comb, as it now ftands entire and undivided, which lies to the Northward of the aforefaid Bounds, fhail retain the Name of Edgcomb, and be one diftinct Parifh ; and that all that Part of the faid Parlfli, which lies to the Southward of the faid ■Bounds, fhal! be one diftinct Parifh, and be called by the Name of 6"/. Mary, and be exempt from all Dependencies, Offices, Charges, or Contributions, for or in Refpect of the faid Parifn o( Edgcomb, and all other Parochial Duties whatfoever, reiatinp- to the fame ; and fliall and may, from Time to Time, have, hold, and exercife, the like Authorities and Powers, and poflefs and enjoy the fame Immunitk^s and Privile- ges, as other Parifhes in this Province. Co Til. AND Patirti divide<3. 2P2 L A py S of North-Carolina. F.,n(}idilTjlved. ry to trymen. A. D. 1756. Ill, A N D be it further Ena5ied^ by the Authority afcrefaid. That the Veftry of the aforefaid Parifh oi Edgcomb^ as it now is entire and undivided, fhall from hence- forth be, and is hereby diffolved and made void, to all Intents and Purpofes : And the Freeholders of the laid Parilh oi Edgcomb, as the fame Ihall ftand divided from the aforefaid Parifh of St. Mary., fhall, and are hereby impovvered and required, to meet at the Court-Houfe oi the faid County of Edgcomb on the Fourth T'uefday in November next, then and there to ele6t and choofe Twelve Freeholders of the faid Piiifhcfst Ma- Parifh, to ferve as Veflrymen of the fame. And the Freeholders of the faid Parifh 'ea Vef. ^^ ^^^ Mary fliall, and they are hereby impowcred and required, to meet at the ehappel on Tar River, near Elias Fort's, in the faid Parifh, on the Second Tuejday in December next, then and there to eled and choofe Twelve Freeholders of the faid Parifh, to ferve as Veftrymen for the faid Parifh ; which Elections fhall be made by the Sheriff of the faid County of Edgcomb., under the like Rules and Reftriflions, Pains and Penalties, as well in Refpedl to the faid Sheriff, as the Freeholders of the faid Panfhes, as other Elections of Veftries in this Province are by Law appointed to be made. And the faid Freeholders fo elected for the faid Parilhes refpedtively, within Forty Days after being ele6ttd, fhall, before a Magiftrate of the faid County of Edgcomb., take the Oaths by Law appointed to be taken for the Qiialifioation of Public Officers, and repeat and fubfcribe the Declaration dire6ted to be made by the Aft of Alfembly, intituled, Ati Act for appointing Parifljes and Veflries, for the Encouragement of an Orthodox Clergy., for the M-vancement of the Protcflant Religion^ and for the Direction of the Settlement of Parifh Accounts., and alfo repeat and fubfcribe the Teft, and fhall be, and are hereby declared, from thenceforth, to be the Vef- tries of the faid ParilTies refpettively, until the ufual Time of electing Veftrymen in other Parilhes ; and Ihall and may, and are hereby required, to exercife and ufe the fame Powers and Authorities, as other Veftries in this Province may, can, or ought to exercife •, and ihall be liable to the fame Penalties and Forfeitures as other Vef- And choofe tties, or Perfons elected Veftrymen, are in any Manner fubject to. And the Vef- churchwardens. ttymcn of the laid Parifhes refpectively, or the Majority of them, when qualified as aforefaid, fhall choofe Churchwardens for the laid Parifhes, who fhall continue in Office until the ulual Time of electing Churchwardens in the enfuing Year, at which Time the faid Veftries fhall again choOfe other Churchwardens. vejrie, to lay a jy_ AND be it further EnaHed, by the Authority aforefaid. That the faid Vef- tries refpectively fhall, and are hereby required, to lay a Tax on the taxable Per- fons in their refpective Parilhes, fufficient to defray the contingent Charges of them for the prefent Year; which Taxes fhall be coUecteJ, accounted for, and paid in the fame Manner as other Parifh I'axes j any Law, to the contrary, notwith- ftanding. ''v"t?rt«^ve'^'* ^- ^^^ ^^ ii further Enabled, by the Authority aforefaid. That the Veftry of Debts of Edgcomb the faid Parifh of 6'/. Mary fhall and may take, receive, and keep, to the Ufe of *'*"^* the faid Parifh, all fuch Sum or Sums of Money as have been collected of the Taxes impofed and laid by the prefent Veftry of the Parilh of Edgcomb, and fliall ftand chargeable to the feveral Creditors of the fame, for all Debts, Dues, and Demands, now owing from the faid Parifli, except fuch Debts as were owing from the faid Parilh of Edgcomb at the Commencement of the prefent Veftry of the faid Parifh ; which faid Debts fliall be paid by the faid Parifhes of Edgcomb and St. Mary, in Proportion to the Number of Taxables in them refpectively, at the Time of pailing this Aft. ffom'"Tn''pope, ^^- AND whcfeas there is a confiderable Sum of Money due to the faid Parifli appropriated, oi Edgcomb from John Pope, late Sheriff of £'(i^c<7wZ' County, and others, which ought to be equally divided amongft the Inhabitants of the aforefaid Parifhes of Edgcomb and St. Mary, after the aforefaid Divifion takes Place ; Be it therefor^ EnaSled, by the Authority aforefaid. That the faid John Pope fliall account for all Money by him owing to the laid Parifh of Edgcomb, and pay the fame to the Ho* nourable John Daivfon, Efquire, and Robert Jones, Eiquire, v/ithin One Month after LAWS of North -Carolina. 203 after the pafflng of this Aft, who are hereby impowered, authorized, and required, ^- D. 1756. to demand, take, and receive the fame ; and in Cafe the faid John Pope, or the ^■'*V*— >* Perfon or Perfons in Arrear as aforefaid, fhall negled or refufe to pay the fame, according to the Direftions or this Aft, it Ihail and may be lawful for the Supreme Court holden at Enfield^ upon Motion of the faid John Daw/on and Robert Jones, to grant Judgment againil the iaid John Pole, or other Jr'erion or Pcrfons, for all iuch Sums of Money as he or they have or ought to have received^ as Colleftor of the laid Parilh of Ec.gcomb, and to award Execution thereupon. VII. ANT) be it furthtr Enacled, by the Authority aforefaid. That the faid John Monies to be paid Daivfon and Robert Jones, atter thty fhall have received from the faid John Pope, ^^^ ?"' Oath, a fair and juft Account of all the Money and Effeds they fhall have received ''^' and expended by Virtue of the Truft hereby in them repofed ; and the faid Veftry ftiall tranfmit to the Seffion of the General Afiembly next after their faid Meeting, a Duplicate of the faid Accounts, with their Report thereupon. IV. AND be it further Enacted, That the faid Commiffioners, or the Majority q,,^j^-((^ „, of them, ftiall proceed in building and finiftiing the laid Church, as far as the Sums prr« m"" and Materials they fliall receive by Virtue of this Aft will enable them ; and in fuch f;«ete, VV_ J^'^es Leflie, lying on the South Side of Roanoke River, in Edgcomb County, is a healthy, pf-afant Situation, well watered, and commodious for Com- merce •, and fundry Merchants, and Perfons of Note, have contraded with the faid fames Leflie for the Purchafc of One Hundred Acres of the faid Land, and are de^ firous that a Town fhould be ©reded thereon, for promoting the Trade and Navi- gation of the faid River: II. B E it therefore^Enacted, hy the Governor, Council, and Affemhly, and hy the "" Authority of the fame, 1 hat the faid One Hundred Acres of Land, when the fame ' fhall be laid off, according to the Diredions of this Ad, be, and the fame is hereby conflituted, ereded, and eilablifhed a Town ; and fhall be called by the Name of Halifax. Town of Halifax nabLrhed. III. AND he it further Enacted, hy the Authority aforefaid. That from and after the pafTing of this Ad, Thomas Barker, Alexander M'Culloch, John Gihfon, Richard Br ownrig, d.n(\ Robert Jones, the younger, be, and they, and every of them^ are hereby conflituted Diredors and Truftccs, for defigning, building, and carry- ing on the faid Town ; and they fhall fland llized of an indefeafible Eftate, in Fee, in Cotrmillioners api'oinCLj for buildini; tbe Tuvva, 208 LAWS of North-Carolina. A. D. 1757. in the faid One Hundred Acres of Land, to and for the Ufes, Intents, and Pur- poles, hereby exprelled and declared j and they, or any Three of them,'fhall have lull ii^ower and Authority to meet as often as they Ihall think necellary, and to ■ appoint a Public Quay, and luch Place on the faid River, for a Public Landing, ' as to them lliall feem convenient; and to lay out Four Acres of the laid One Hun- dred for a Market Place, and other Public Buildings -, and the Refidue thereof into Lots, Streets, Lanes, and Alleys, or lo much of the fame as will make at leaft One Hundred and Twenty Lots, of Half an Acre each; and caufe a Plan thereof to be made, and therein to inlert Marks and Numbers to each Lot. Right of the Fer- »y rfft-rved to James Leflie, IV. PROV ID ED neverthekfs. That nothing in this A61 contained fliall be conllrued or extend to grant i'owcr to the laid Direftors, or their SuccefTors, or any other Freeholder ot the laid Town, to keep a Public Ferry at the Landing fo to be appointed by the laid Dire(::tors, in Prejudice of the Ferry of the faid Jatnes Lejlie^ now by Law eitabiiihed. And in Calc it Ihould hereaftrr be found neceflary' to ered a Public Ferry at the faid Landing, the Right of keeping the fame fhali remain to the laid James Lejlie, his Heirs and Affigns, until he or they fhall refufe to comply with tlie I'erms by Law prefcnbcd lor ereding and lijeeping Public Ferries. CDmmiflionefs to draw the L-Jts Of faid Tovvli. Lots to be faved within 3 Years, Further Time allowed by AiHs Nov. 1759, Ch. 8, Oftober, 176J, Chap, 10. Piirchafe tf LotJ. Money V. AND whereas Subfcriptions have already been made for Orfe Hundred and Twenty L^ts, to be laid oft' in the faid Town •, Be it further Enacted, by the Autho-, riiy afcrefaid. That the laid Direftors, or the Majority of them, within One Month after tiie laying off the laid Town, fliall appoint a lime, and give Public Notice thereof, for meedng the faid Sub.cribers on the faid Land, for determining the Property of each particular Lot ; which fliall be done by Ballot, in a fair Manner, by the Direction of, and in Prelence of the Majority of the faid Diredors at leaft ;. and each Subscriber fliall be intided to the Lot or Lots which fliall happen to be drawn for him, and correlpond with the Number contained in the Plan of the faid^ Town ; and the faid Diredors, or the Majority of them, fliall make and execute Deeds for granting and conveying the Taid One Hundred and Twenty Lots to the Subfcribers, their Heirs and Affigns, for ever-, and alfo to every other Perlbawho fhall purchafe any other Lot or Lots in the laid Town, at the Cofts and Charges of the Grantee to whom the fame fliall be conveyed •, and every Ferfon claiming any Lot or Lots by Virtue of any fuch Conveyance, fhall and may hold and enjoy the fame in Fee-Simple. VI. PROVIDED neverthelefs. That every Grantee of any Lot or Lots in the faid Town fo conveyed, fliall, v^ithin Three Years next after the Date of the Conveyance for the fame, ereft, build, and finifli, on each Lot fo conveyed, one; well framed Houle, Sixteen Feet fquare at the leaft, and Ten Feet Pitch in the Clear, or proportionable to ftich Dimenfions, if fuch Grantee fliall have Two or more Lots contiguous : And if the Owner of any Lot fliall fail to purfue and com- ply with the Diredions in this Ad prefcribed for building and finifliing a Houfc thereon, then fuch Lot upon which fuch Floufe fliall«not be built and finiflied, fliall be revefted in the faid Diredors -, and the faid Diredors, or the Majority of them, may, and are hereby impowercd and authorized, to lell luch Lot for the beft Price that can be had, to any Perlon applying for the fame, in fuch Manner, and uftdcr fuch Reftridions, as they could or might have done, if fuch Lot had not before been fold or granted. VII. JND k it further Ena^ed, hy the Authority aforefaid. That the refpedive Subfcribers for the faid One Hundred and Twenty Lots fliall, within One Month after it fliall be afcertained to whom each of the faid Lots doth belong, in Manner herein before-mentioned, pay and fatisfy to the faid Diredors the Sum of l^orty Sh'llinc^s, Proclamation Money, for each Lot by him fubfcnbed for-, and m Lale of the Refufal or Negled of any Subfcriber to pay the faid. Sum, the laid Diredors fliall and may commence and profecute a Suit in their own Names, for ^J^f^^J"^' ^nd tlfcrein fliall recover Judgment, with Cofts of Suit. vlll. AISD LAWS of North -Carolina. 109 VIII. AND be it further Enabled, That all Monies which fhall arife by a Dif- ^- ^• pofal of the faid Lots, granted by the faid Direftors, and their SuccefTors, in Ex- ^^^^^.^^^ ^ ecucion of this Aft, (hall be received by the faid Direftors ; and after iheir reafonable < f Lots, Charges and Expences are deducT:ed, Ihall be by them applied, in the firft Place, ^'""''^* towards paying and fatisfying the faid James Lejlie, One Hundred and Fifty Pounds for the laid One Hundred Acres of Land ; and in the next Place, in building and erefting a Bridge over ^mkey Creek, for the Convenience of Travellers, in going to, and returning from, the faid Town ; and the Overplus thereof towards the Advantage and Improvement of the faid Town, in fuch Manner as the Majority of the faid Dire6tors ihall, from Time to Ti ix, think convenient. '757- r fate ippio- IX. AND for continuing the SuccefHon of the faid Dire6lors until the faid Town fhall be incorporated; Be it further Ena.ed^ by the .mthority aforefaid^ In Cafe of the Death, Refufal to aft, or Removal out of the Country, ot any of the faid Direftors, the furviving or other Direftors, or the major Part of them, Ihall affemble, and are hereby impowered, from Time to Time, by Inftrument in Writing, under their refp^ftive Hands and Seals, to nominate fome other Perfon, being an Inhabitant or Freeholder of the faid Town, in the Place of him fo dying, refufmg to aft, or removing out of the Country •, which new Direftor, fo nomi- nated and appointed, fhall, from thenceiorth, have the like Power and Authority, in all I'hings in the Matters herein contained, as if he had been exprcfsly named and appointed in and by this Aft, SiKCpfn^nnf ni. reftcrs kept up. CHAP. VI. An Act for the letter eftdblifhing a Ferry on the North Eajl Side of the North Weft River of Cape Fear, being the Place commonly called or kno"xn by the Name of Daw- fon'^ Ferry, I. w H E R E A S the Ferry on the North Eaft Side of the North Weft River of Cape Fear, called Dawfon^^ Ferry, hath been of lonj Handing, Private, and tound very convenient for Travellers and others ; and whereas the Land on the North Eaft Side of the faid River, where the Public Road crofles and leads to the l^adkin, and fo to South-Carolina, is the Property of William Daiifcn, who lives thereon ; and being defirous that the faid Ferry fhould be continued, and fixed at the fame Piace : Wherefore, for the Encouragement ot the laid William Dawfon, and Conveniency of all Travellers, and to prevent the removing the Ferry from the Place aforefaid ; II. BE it Ena7ed, by the Gonernor, Council, and AJfembly, and by the Authority Property c( the cf the fame, That the faid Ferry is hereby invefted in, and lliall from henceforward F'-yy 'n«fted in be held and deemed the Right and Property only of the faid William Dawfon, his ' ' '"f"''"^* Heirs or Affigns. III. AN D be it further EnaHed, by the Authority aforefaid. That the faid William wim is tn providt Tiaivfon, his Heirs or Afllgns, fhall, as foon as conveniently may be, build or pro- Boats, (i!c, vide a good and fubftantial Boat, fit for the Tranfportation of Men and Horfes, and Ihall maintain and keep the fame always in good Repair, and give conftanc Attendance at the faid Ferry ; and Ihall alfo, for the true Performance of the fame, at the County Court of Cumberland next after the paffing of this Aft, enter into Bond, with good and fufficient Security, to be adjudged and approved of by the faid Court. IV. AND be it further Ena^ed, by the Authority aforefaid. That after a Boat R^tesofFmiae isvfo built or provided, and the Security given as aforefaid, that it fhall and may ^^wi. be lawful for the faid William Da-vofon, his Heirs or AfTigns, to take and receive from all Perfons that fhall pafs over the faid Ferry, the following Rates, that is to fiy : Four Pence, Proclamation Money, for a Man and Hori'e, and Two Pence, D d like 210 LAWS of North-Carolina. ^. D. 1757. like Money, for a Footman •, and One Shilling for each Carriage drawn by one or ^'-•'''''>r"-^ two Horfes, and for each Horfe more Four Perice j and One Penny for each Steer, Cow, Hog, or Sheep. V. AND whereas Part of the Road on each Side of the faid Ferry wants to be cleared and made good •, Be it Enaffed^ by the Authority aforefaid, I'hat the faid William La-wfon fhall, at his own Expence, clear the fame, that is to fay : On the North Eait Side of the faid River, from the Ferry to Black River, and fo on the South Weft or oppofite Side of the faid Ferry, to Cmnberland Court-Houfe; and that the fame fhall afterwards be kept in Repair, and maintained by the Commifll- oners and Overfeers of the Diftn6t in which the faid Roads lie. CHAP. VII. An A£l to obviate Doubts concerning Fees due on Proceedings in the Supreme Courts of Jujiice^ Oyer and Terminer, and General Gaol Delivery. preamble, j^ T T 7 H E R E A S it has been doubted, from the Pradice of former Times, W whether, on the Death or Removal of a Chief Jultice, the Executors or Adminiftrators of fuch deceafed Chief Juftice, or any Chief Jullice removed from his faid Office, were intitled to have and receive the Fees which accrued and became due on Suits and Proceedings in the Supreme Courts of Juftice, Oyer and Terminery and General Gaol Delivery, of this Province, where fuch Suits and Proceedings were not finally determined during the Time fuch Chief Juftice, fo deceafed or re- moved, continued in Office : To obviate luch Doubts for the future, D u^ts about cf. II. j5 E it Enacted, by the Governor, Council, and AjjemUy, and by the Authority jci^ft^ces Fees ob- ^y ^/^^ y^.^^^^ ^W^x. wlien any Chief Jufticc of this Province hath departed this Life, or fhall happen to die during the Time of his Continuance in Offie, or hath been, or fhall be removed therefrom, it fhall and may be lawful for the Executors, Ad- miniftrators, or Affigns, of fuch Chief 'Juftice fo deceafed, or which fhall depart this Life as aforefaid, and for fuch Chief Juftice as hath been, or fhall be removed from his faid Office, to have, take, and receive, to his or their own proper Ufe, all Fees and Perquifites whatfoever accrued and become due, or which fhall accrue and become due, on the feveral Suits and Proceedings in the refpective Courts of Juftice, Oyer and Terminer, and General Gaol Delivery, of this Province, at the Time of the Death or Removal of any Chief Juftice, although fuch Suits and Pro- ceedings, at fuch Time or Times, were, or fhall not be, finally determined. • ^toTofcoUea'n' ^^^' -^^^ ^^ ^^ further Enabled, by the Authority aforefaid. That when any iLch Fees'. ^ '"^ Chief Juftice hath departed this Life, or fhall happen to die during his Continuance in Office, or hath been, or fhall be removed therefrom, the Executors, Adminiftra- tors, or AfTigns, of fuch Chief Juftice fo deceafed, or which fhall die as aforefaid ; and every Chief Juftice which hath been, or fhall be removed from his Office, fhall and may have the like Relief, Remedy, and Proceedings, for all fuch Fees and Per- quifites to them refpedlively due, as can or may be had by any Chief Juftice during the Time of his continuing in the faid Office. CHAP. VIII. An Act for preferving Peace, and continuing a good Correfpcndence with the Indians in Alliance with his Majeftfs Subjects, REP. CHAP. LAWS of N b R T H - G A R O L I N A. 21 r CHAP, IX. J. D. i; I'reamble. Jn Act for adding Part cf Beaufort to Craven. County^ for afccrtainlng the di-cLllng Line befjoeen the f aid Counties. I. "TX r H E R E A S the Inhabitants of that Part of Beaufort County, lying be- yy tween Bay River and Lower Broad Creek, are, by Reafon of the Rcmuval of the Court of the faid County at a very great Diftance rrom the fame, and arc often put to great Hardfhips and Fatigue in attending their County Court at fuch a Diitance ; and whereas it would be much more convenient to the faid Inhabitants, if that Part of the faid County ot Beaifort v/as added to Craven County : II. B E it therefore Enacted, by the Governor, Council, and AffemUy, and it is ^"^ "^ B'aufnri jbereby Enacted^ by the Authority of the fame, 1 hat that Part of the laid County of county.^ Beaufort, lying between i^^j River and Lower ^rf?^?^^ Cr^*?/^ as aforefaid, be trom henceforth deemed, held, and taken to be Part of Craven County ; and that the Inhabitants thereof be fubjed and liable to the fame Rules, Orders, and Taxes, as any other of the Inhabitants of the faid County oi Craven now. are, or Ihall hereafter be, fubject or liable to : Any Law, Ufage, or Cuilom, to the contrary, notwith- Handing. in. AND whereas the Bounds of tiie faid Counties of Beaufort and Craven are very uncertain, by Reafon of a dividing Line bctv/een the fame never being as yet properly afcertained •, Be it therefore Enacted, by the Authority aforefaid. That froiri henceforward the Bounds of the laid Counties be by Bay River, irom the Mouth thereof. Up the main Wcftermoft Branch, to the Head ; thence by the Flat Swamp that makes from the Head of the laid River ; and trom the liead of the faid Flat Swamp, by a L'ne to be run nearly equidiftant between Tar and Neufe Rivers ; and that Mr. John Hardy and Mr. Jofeph Bryan are hereby appointed Commiffioners for running the faid Line, which ihali be at the Expence of each County refpectively. raven and Be C H A P. Xo An Act to amend an Act, intituled. An Act for the better Regulation of the Towri of Newbern, and for iecuring the Titles of Perfons who hold Lots in the faid Town. H E R E A S many Difputes have arifen among the Inhabitants of the faid Private. Town, concerning who are to be deemed Taxables ; II. BE it therefore Enacted, by the Governor, Council, and Affemhly, and by the ^^^'« cni.y fu&. Authority ef the fame. That from henceforward none but Males ihall be fubject to ■rfx.'"'^^^ ^"*" pay the Town Tax j any Ufage or Cuilom, to the contrary, riotwithftanding. III. AND whereas .the Commiflioners of the faid Town cannot lay a Tax without Confent of the Freeholders, or the Majority of them, prcfent, whereby many Inconveniences have anfen greatly prejudicial to the good Government of the faid Town ; Be it Enabled, by the Authority aforefaid, 'I'hat the Commilhoners of the faid Town, or the Majority of them, Ihall have full Power and Authority to lay any Tax on the Male Taxables of the laid Town, not exceeding Ten Shillings ■per Poll, fer Annum; and the Commiflioners fhall, annually, put up an Account of the Monies by them received and expendeJ, at the Court-Houfe. IV. AND whereas the allowing of Hogs to run at large in the faid Tov*-n I.3 found to be a great Nufance to the Inhabitants, Be it therefore Enabled, by the Au- thority aforefaid. That none of tlie Inhabitants of the faid Tov/n fliall, oii any Pre- tence whatfoevcr, fuffer any of their Hogs to run at large within the Bounds of the faid Town ; and any Hag or Hogs 9f any Inhabitant or Inh?.bir?.nts of the faid D d, 2 'fowr-. CsTimifriiners to ;o£:3 c-jt to r-jr; 212 L A PV S of North-Carolina. A. D. 1757. Town, running at large, fhall be forfeited to any Perfon who fhall feize or kill the Public Meetings V. AND he it furthcY EnaBcd^ hy the Authority afcrejaid^ That the Commif- c^Jurt'^Houfe/ ^ fioncrs and the Inhabitants fliall have free Liberty to hold all their Public Meetings, on all Occafions, in the Court-Houle, and have the Liberty of a Key to the fame. Tavern Keepers not to fuff.r tip- pling in llicir Hiufes on Sun- days. Pen. on them for tiulling Sailurs, And for enter« tainlrg- thenn in their Houfes, VL AND be it further Ena^ed, by the Authority aforefaid^ That if at any Time any Tavern Keeper, Ordinary Keeper, Retailer ol Liquors, or Keeper of a Public Houfe in the faid Town, Ihall fuller any Perfon or Perions whatioevtr to fit tippling or drinking in his or her Houfe on the Sabbath Day, fuch Perfon or Perions, fo offending, Ihall forfeit and pay Twenty Shillings, Proclamation Monty, for every fuch Oflence ; to be recovered by a Warrant under the Hand and Seal of any Juftice of the Peace for the County of Craven^ and which lliall be paid into the Public Stock of the faid Town. VII. AND be it further EnaBed, by the Authority aforefaid. That if "any Perfon or Perfons whatfoever in the faid Town lliall, on any Pretence whatever, give any Credit, Loan, or Truft, to any Mariner or Seamen belonging to, or under the Command of any Mafter of a Velfel, that now is, or lliall at any Time hereafter, be lying in the Rivers of Neufe or Trent, exceeding the Sum of Two Shillings and Eight Pence, Proclamation Money, except by the Leave or Licence ol the Mafter or Commander of the Velfel he belongs to, or where fuch Sailor or Mariner fliall have left the Velfel to apply to either of the Courts of Juftice, in any Di pures or Controverfies with the Captain or Commander of luch Vellel -, that then, and m fuch Cafe, he, Ihe, or they, Ihall, for every fuch Default, lole all the Monies or Goods fo trufted or credited. VIII. AND be it further Ena5fed, by the Authority aforefaid. That if any Per-'' fon or Perfons whatfoever in tlie faid Town fhall willingly or willfully entertain, harbour, or keep, or fuffer to be entertained, harboured, or kept, dirtdily or indi- reftly, any Seaman belonging to any Velfel as aforefaid, in his, her, or their Houfe or Houfes, exceeding the Space ot Twenty Four Hours, m ithout the Privity or Confent of his Commander (except in the Cafe before excepted) he, fhe, or they, fo offending, ftiall forfeit the Sum of Twenty Five Shillings, Proclamation Money, for every iuch Offence •, to be recovered by Warrant under the Hand and Seal of any Juftice of the Peace for the County of Craven, and paid into the Public Stock or Fund of the faid Town, (a) CHAP. XI. Provided for by ^^ ^^ fg euubk the Commijfioners of the Church of Edenton to difcharge the ContraSfs- ch. 19!"" '^ *' by them made concerning the finiJJang the fame. CHAP. xn. An Acl to repeal an Act, intituled. An Ad for deftroying Vermin in this Province. Preamble I- T T 7 H E R E A S an Aft, intituled. An Act for deftroying Vermin in this Pro- W '^'i'"'^^-) is found not to anfwer the good Purpofes intended thereby; Aa repealed. \\, B E it therefore Enacted, by ihe Governor, Council, and Affemhly, and by the Authority of the fame, and it is hereby Enacted, That the faid Ad of Affembly, inti- tuled. An Act for deftroyi^ig Vermin in this Province, be, and the laid Ad is hence- forth repealed, and declared to be null and void. CHAP. (a) The two lafl Sedlions cf this Act provided for by other h€if. LAWS of North- C a r o l i n a. CHAP. XIII. J. D. 1757- An AH to dock the Intail of certain Lends now in Pojfeffion of Harding Jones, under a Devife in the IViU of Frederick Jones, Efq^^ his Grandfather, dectajtd, by "jchom the fame were intai/ed. I. '^TT'HEREAS Frederick Jones, Efquire, late of this Province, deceafed, preamble. \\ being, in liis Lifetime, feized in his Demefne, as of Fee-Siir.ple, of in, and to certain large Trafts of Land, lying and being in that Part of Chowan 1 re- cindl now called lyrrel County, and in Ilyde and Craven Counties -, and being fo feized, the faid Frederick Jones did, by his iafl WiL and Telfanient, bearing Date the Ninth Day oi April, in the Year of our Lord One Thoufand' Seven Hundred and Twenty i'wo, devife to his Son IVilliam Harding Jones, in Tail-Male, all his Lands on the South Side of Moratttick River, and all his Lands in Hyde Precindl ; and in Default of Heirs Male of the faid William Harding J ones, deviled the Re- mainder of the faid Lands, in Tail Male, to his Son Frederick Jones-, and by the fame Will the Tcftator deviled all his Lands in Craven Precinct, in Tail-Male, to his faid Son Frederick: And the faid IVilliara Harding Jones, after the Death of the faid Tcftator, m Confequence of the faid Devile, became feized of the Lands de- vlfed to him as aforefaid, and died feized thereof, without Iliuc, in the Lifetime of the faid Frederick Jones, to whom the Remainder was limitted as aforefaid : Which faid Frederick, under the faid feveral Deviles, became feized of the faid feveral Trafts of Land, in his Lifetime, and foon after died fo feized, leaving Male IfTue two Sons, to wit, Harding Jones and Frederick Jones ; which laid Hardinv Jones is now feized, in Tail-Male, of, in, and to all the Lands before-n entioned ; and the faid Harding Jones, and the faid Frederick Jones, who, by the Will of the faid Tcf- tator, in Default of Heirs Male of the faid Hacding Jones, will be intitled to the Lands aforefaid, having, by their Petition, fct forth to this Aifembly, that there is a large Arrear of Qiiitrents due on the laid Lands, and that they are unimproved, and v/ill be burthenlbme and ufelefs, unief? Part of the laid Lands may be fold to raife Money to difcharge the Quitrents due aforefaid, and to improve the remaining Part of them ; and the Aliegacioas of the faid Petition haying been fully made known : II. WE pray your moft excellent Majefly that It may be Enafted, And be it !"*»'' -^f L:r.d Ena^ed, by the Governor, Council, and Affembly, and by the Authority of the fame, '^"'"''■ That the Intailment of the faid Lands, in the feveral Counties aforefaid, fo holden and pofTelTed by the faid Harding Jones, by Virtue of the Will of his Grandfather Frederick Jones, the 'i'eftator (except One Thoufand Acres thereof, lying and beino- on Trent River, in Craven County, bounded by a Line beginning at an Oak on the Head of Reedy Branch, running by a Line of marked Trees to the Head of Hood's Creek ; then down the Meanders of the faid Creek to Trent River-, then up Trent River to the Mouth oi Reedy Branch-, then up Reedy Branch to the firft Station) be docked and barred ; and that it Ihall and may be lav/ful for the faid Hardin^ Jones to fell and convey the fame, or any Part thereof, in Fee Simple, in Order to enable him to difcharge the Arrears of Qiutrents due thereon, and to improve the remaining Part of the fame, for the Benefit and Advantage of thofe who may here- alter, in Remainder or Reverfion, be interefled therein ; and all Deeds by him here- after made, for conveying the fame, fliall be good and effedual in Law, to convey the Lands by the faid Deeds to be granted to the Grantees, their Heirs and Affigns, for ever -, any Thing in the faid Will of the faid Frederick Jones, deceafed, Grand- father of the faid Petitioners, contained, notwithftanding, III. P R.OVID ED neverthelefs. That nothing herein contained fhall be con- J^^p'it "Hvs Wa- ftrued to deftroy or take away the Right of his Majelly, his Heirs and SucceiTors, ul.i, ^'1,11 ^''^ nor the Right of any Bjdy, politic or corporate, nor that of any other Perfon or ' Perfons, in and to the faid feveral Tradts of Land (except that of the faid Harding Jones and Frederick Jones, their, or either of their Heirs, and tlae Right of thole claimino-. 214 L ji W ^ c/" North-Carolina. J. D. 1757. claiming, or to claim, under them, or any or cither of them, in Virtue of the Intail- ^ ^~ -' ment in the faid Will mentioned) but the Right, Title, and Intercft, which his Majefty, his Heirs and Succeflbrs, or any Bodies, politic or corporate, or any other Perlbn or Per Ions (except the laid Harding Jones and Fredmck Jones y their or either of their Heirs, and ail claiming under them, or any or either of them, by Virtue of the faid Intailment) may have in and to the faid leveral Trafts of Lund, is hereby faved, fecured, and referved •■, any Thing in this A6t, to the contrary, notwith- ftanding. SufpendinsCiaufe IV. PROVIDED dfo^ That this Aft fhall not take Effed, or be in Force> until his Majefty's Approbation be had to the fame. S 1 G N E D by Arthur Dobbs, Efq-, Governor. Matthew Rowan^ Prefident. Samuel SwanUj Speaker, ANNO LAWS of North-Carolina. 215 J. D. 1758. h§ %# h^ ^^ %^ %#^^%# %^ %# %§ \^ %^ #^f #% #% #% #'f #f ^-^ #% #% #^ #% .#% ^% ANNO REGNI G E O R G I I n. REGIS, MAGN^ BRITANNIA, FRANCI.E, & H I B E R N I ^E, TRICESSIMO PRIMO. At a General ASSEMBLY, begun and held at Newbern^ on the ARTHUR DOBBS, Efq; Twelfth Day of December, in the Year of our Lord One Thoufand Governor. Seven Hundred and Fifty Four, and from thence continued, by feveral Prorogations, to the Twenty Eighth Day of April, in the Year of our Lord One Thoufand Seven Hundred and Fifty Eight : Being the Sixth Seffion of this AfTembly. C H A P. I. An Act for granting an Aid to his Mcjefty^ for augmenting the 'troops now in the Pay of This Aft had ;tj this Province, to be joined with thofe under the Command of Brigadier-General Forbes, ^^'^- faying them, whi'fi employed in the faid Service, and for placing Garrifons in the Forts on the Sea Coajts. C H A P. 2. An Act to enable the Commijftoners of Port Roanoke to amend the Na- vigation of the faid Port, and for other Purpofes. EXP. An Act for altering the Times for holding Courts in '^Qith^m^^Qv^t Edg- p^^^idea for by '^ -^ • ,j^g Infe-irr Crt. A<^, palTcd Nov, 1762, Chap. a. comb, Granville, and Orange Counties. An Act to confirm and eftablifh feveral Vejlries, and other Purpofes. The Veftrv ACt, on which this de- pends, icpeakd. An Act for difcontinuing the Warehoufes at ElbeckV Landings and Provided for by erecting others in the Town of Halifax. the inip^aion CHAP, 2i6 LAWS o/' North-Carolina. J. D. 1758. C H A P. VI. Ah Act for efiablijhmg a 'Town on the Land of Jonathan Phelps, on Perquimans River. H/ivit*. I. T T 7 H E R E A S it has been reprefented to this Aflembly that the Land of VV Jonathan Phelps, lyit^g on the South Well Side of Perquimans River, in Perquimans County, where the Court-Houfe and other Public Buildings are eredted, is a healthy, plealant Situation, well watered, and commodious for Commerce •, and the faid Jonathan Phelps having fignified his free Confent, by a Certificate under his Hand and Seal, to have One Hundred Acres of the laid Land laid off lor a Town, and Fifty Acres lor a Town Common, which will greatly promote the Trade and Navigation of the faid River : Town £f H.rt- II. B E it Enaofcd, hy the Governor, Council, and AJfemUy, and hy the Authority fjrdcreftiid. of the fame. That the Directors or Trultees hereafter appointed, or the Majority of them, Ihall, lo foon as may be alter the pafPing of this Aft, caule the laid One Hun- dred Acres of Land to be laid oft' in Lots of Half Acres each, w:th convenient Streets, Lanes, and Alleys, referving two Acres of the laid Land for the Court- Houfe, and other Public Buikiings -, which Lots, lb laid off according to the Di- reftions of this Act, is hereby conftituted, ereded, and eftablilhed a Town, and Ihall be called by the Name of Hertford, Truftees appoint. HI, AND hc it furth^.r Ena^ed, hy the Authority aforefaid. That from and after Sr tie L^ts! '" the paffing of this Aft, John Rieilffett, Jofeph Sutton, John Harvey, John Clayton^ and Joleph White, be, and they, and every of them, are hereby conllituted Diredors and Truftees, for dcfigning, building, and carrying on the laid Town •, and they fliall Hand feized of an indeteafible Eftate, in Fee, of the faid One Hundred and F'ifty Acres of Land, to and for the Ule.s, Intents, and Purpo es, hereby exprelTed and declared -, and they, or any Three of them, Ihall have full Power and Authority to meet as often as they fliall think neGelfary, and caufe a Plan thereof to be made, and therein to infert a Mark or Nurriber to each Lot ; and as foon as the faid Town fhall be laid off as aforefaid, they, and each of them, fhall have Power to take Sub- fcriptions for the faid Lots of luch Perfons as are Vs'illing to fubfcribe for them; and when the faid Dire6tors have taken Subscriptions for One Hundred Lots, or up- wards, they fliall appoint a Day, and give Public Notice to the Subfcribers of the Day appointed, for the drawing of the faid Lots, which fliall be done by Ballot, in a fair and open Manner, by the Diredion, and in the Prefence, of the Majority of the faid Direftors at leall •, and fuch Subfcriber fliall be in-titled to the Lot and Lots which fliall happen to be drawn for him, and correfpond with the Mark or Number contained in the Plan of the faid Town : And the faid Directors, or a Ma- jority of them, fliall make and execute Deeds for granting and conveying the faid One Hundred Acres of Land, in Half Acres as aforefaid, to the Subfcribers, their Pleirs and Affigns, for ever •, and alfo to every other Perfon who fliall purchafe any other Lot or Lots in the faid Town, at the Cofl: and Charges of the faid Grantee, to whom the faid Lot or Lots fliall be conveyed : And every Perfon claiming any Lot or Lots, by Virtue of any fuch Conveyance, Ihall and may hold and enjoy the fame, in Fee-Simple. Time of faving IV. PR V I B E D neverthckfs. That every Grantee of any Lot or Lots In the Fulther Time ai- ^^1^ To-'vn, fo convcyed, Ihall, within Three Years next alter the Date of the Con- j.-wed, by Aft veyance for the fame, ere6t, build, and finilh, on each Lot fo conveyed, one well N^.y. 1762, cha. fj.gj^g^ Qj. gj.j^]^ Houfe, Sixteen Feet fquare at the leaft, and Nine Feet Pitch in the Clear, or proportionable to fuch Dimenfions, if fuch Grantee fhall have Two or more Lots contiguous •, and if the Owner of any Lot or Lots fhall fail to comply with the Diredions in this Aft prefcribed for building and finilhing a Houfe thereon, then fuch Lot or Lots, upon which fuch Houle fliall not be built and finifhed as aforefaid, fliall be revelled in the faid Direftors ,; and the faid Direftors, or a Ma- jority L A JV S of North-Carolina. 217 jority of them, may, and are hereby impowered and authorized, to fell fuch Lot or ^. D. 1753. Lots for the bell Price that can be had, to any Perfon applying for the fame, and ♦— -V~— ^ grant and convey luch Lot or Lots to fuch Perfon or Perfons, under the like Re- gulations and Reftritlions, as the fame was or were formerly granted ; and the Mo- ney arifing from fuch Sales be applied by the faid Diredors, Of a Majority of them, for the Benefit and Improvement of the faid Town. V. AND be it further Enacted^ by the Authority aforefaid^ That each refpedive Porchife Monsy Subfcriber, who fhall fubfcribe for any Lot or Lots in the faid Town, fhall, within °' ^""' One Month after it fhall be afceriained to whom each of the faid Lots doth belong, in Manner herein before-mentioned, pay and fatisfy to the fuid Diredors, or to One of them, the Sum of Forty Five Shillings, Proclamation Money, for each Lot by him fubfcribed for ; and in Cafe of the Refufal or Negledl of any Subfcriber to pay the faid Sum, the faid Diredors fhall and may commence and profecute a Suit in their own Name for the fame, and therein fhall recover Judgment, with Cofts of Suit ; and the faid Diredors fhall, as foon as they receive the faid Money, 40 ». to i-e paid pay and fatisfy to the faid Jonathan Phelps, his Heirs or AfTigns, the Sum of Forty ^''^ *"' ^P"«"- Shillings, Proclamation Money, for each Lot, in full Satisfaftion for the faid Land, and the other Five Shillings fhall be applied towards defraying the Expence of laying off and improving the faid Town, as a Majority of the Diredors fhall think propen VI. AND for continuing the SucCefTion of the DIre(?lors Until the faid Town fhall be incorporated ; Be it further Enacted, by the Authority aforefaid. In Cafe of the Death, Refufal to aft, or Removal out of the County, of any of the faid Di- rectors, the furviving Diredors, or the Majority of them, fhall affemble, and are hereby impowered, from Time to Time, by Inflrument in Writing under their ref^ pedive Hands and Seals, to nominate fome other Perfon, being a Freeholder of the laid Town, in the Place of him fo dying, refufing to aft, or removing out of the County i which new Diredtor, fo nominated and appointed, fhall from thenceforth have the like Power and Authority, in all Things in the Matters herein contained, as if he had been exprefsly named and appointed in and by this Ad: : And when the faid Town fhall be laid off, the faid Diredlors, or a Majority of them, are hereby impowered to remove the Court-Houfe, and other Public Buildings, to a more convenient Part of the Town, which may or fhall be laid off for that Purpofe. _ VII. PRO VI B E D neverthekfs. That the faid Jonathan Phelps fhall have, to his own Ufe, his Dwelling-Houfe, and other Out-Houfes, with fuch Lots as he fhall choofe adjoining them, not exceeding Four Lots, exclufive of the faid One Hundred Acres : And the Court of the faid County, or their Succeffors, fhall not have Power to appoint a Public or other Ferry at the faid Town, in Prejudice to the faid Jonathan Phelps ; but that the keeping of the faid Ferry fhall remain to the faid Jonathan Phelps, his Heirs and Affigns, until he or they fhall refufe to comply with the Terms by Law prefcribed for ereding and keeping Public Ferries. Succeflion nf Di« tcflois kept up. To remove tht CuutuHoufck Loti, and Ferry, referved to the Pioptietor. SIGNED by Arthur. Dobbs, Efq-, Governor.' Matthew Rowan, Prefident. Samuel Swann, Speaker. Ee ANNO 2i8 L A IV S of North -Carolina. J. D. 1758. ANNO REGNI G E O R G I I 11. REGIS MAGNiE BRITANNIA, FRANCIS, & HIBERNX^i TRICESSIMO SECUNDO. ARTHUR ^t a General ASSEMBLY, began and held at Neivbern, on the DOBBS, Ef(j; Governor. Twelfth Day of December, in the Year of our Lord One Thoufand Seven Hundred and Fifty Four j and from thence continued, by feveral Prorogations, to the Twenty Third Day of November, in the Year of our Lord One Thoufand Seven Hundred and Fifty Eight, then held at Edenton : Being the Seventh Seffion of this Affembly. CHAP. L TMs^Aa had it. ^^ ^^ j.^^ granting an Aid to his Majejly^ for placing proper Garrifons in the Forts Johnfton and Granville, and for other Purpofes, Repea'ed, and re. C H A P. 2. An Acl for making letter Provifion for the Clergy'. enabled Novemb. 17 62, Chap. 6, This Aft under a 3. An AB for ereSfing a City on Neufe River, upon the Plantation called IhS!"^'^''"'^'' Tower-Hill, fixing the Seat of Government therein, and building a printed, at it is Governor's Houfe and Public Offices in the fame. doubtful whether it will be con- ^''""^' 4. An A£i to regulate the Infpemon of Pork, Beef, Rice, Flour, Butter, Indigo, Tar, Pitch, Turpentine, Staves, Heading, Shingles, Lumber, and Deer Skins. EXP. CHAP. LAWS oANorth-Carolina. 219 CHAP. V. A. D. J7s8. An A^ for encouraging the building of Public Mills, and direSJing the Duty of Millers. I. T> E it Enabled, by the Governor, Council, and AffemUy, and by the Authority of miiis grinding f.r J3 the fame. That every Water Grilt-Mill already built, or which fhall here- Toil, decUrtd after be built, that hath, or fliall at any Time grind for Toll, fhall be held and ^"''^^ '^"''" deemed, and is hereby declared to be a Ir'ublic Mill. II. B E it further Ena^:ed, by the Authority aforefaid. That it fhall not be NoW^.er m;ii t,, lawful for any Perion or Perlons hereafter to erect or build any Public Water Grift- ordt'ol uJu? Mill, without firft obtaining an Order of the County Court tor that Purpofe, in Manner by this A6t directed, that is to fay : Any Perlbn willing to buiid iuch Mill Manner of ob. on fome convenient Run, who hath Land on both Sides thereof, fhall exhibit a Pe- »*'°^"6''' tition to the County Court for Leave to build Iuch Mill ; which Court is hereby imp )wered to examine into the Allegations of fuch Petition, and to grant or deny fuch Leave to the faid Petitioner, as to them fhall feem juft and rcafonable. III. AN B be it further Enabled, by the Authority aforefaid. That any Perfon wil- Manner of ob. ling to build fuch Mill, who- hath Land only on one Side of a Run, fliall exhibit t^iinrng o.'der'fot his Pctidon to the County Court in Manner aforefaid, and therein fhew who is the S|.t"pS Proprietor of the Land on the oppofite Side of the Run ; whereupon a Summons ""^^ '-'"'' "" ""^ fhall ilfue to fuch Proprietor to appear at the next Court, and anfwer the Allegations only.''' ' ^''° of fuch Petition -, and the Court alio, at the fame Time, fhall order Four honefl Freeholders to lay off, view, and value, on Oath, an Acre of the Land of Iuch Proprietor, and alio an Acre of the Land of the Petitioner, oppofite thereto, and to report their Opinion and Proceedings thereon to the next Court, and thereupon the Court ihall order the faid Report to be recorded ; and if it take not away Hou- fes, Orchards, Gardens, or other immediate Conveniences, fliall and may, and are hereby impowered and authorized, to grant Leave to the Petitioner, or fuch Pro- prietor, to ered fuch Mill at the Place piopoied, as in their Difcretion fhall feem * reafonable, and to order the Cofts of fuch Petition to be paid by the Perfon to whom fuch Leave fhall be granted. IV. Provided always, "that the Perfon to whom fuch Leave Is granted, Valuation Mon-y Ihall pay down in Court, for the Acre of Land he fhall obtain thereby, the Valua- '^ co«f ''°*'' tion Money, and procure a Record to be made thereof •, which fhall be a good and effeflual Seifen in Law, to create to fuch Perlbn, his Heirs and Affigns, a Fee- Simple in fuch Acre of Land. V. PROVIDED neverthekfs. That it fhall not be lawful for any Court to No Min to be pnt Leave to any Perfon to eredt a Mill within Two Miles above, and Two Miles \t?io^^L^,°' below, or fo as to overflow any other Mill erefted on the fame Run j any Thing herein contained, to the contrary, notwithftandino-. VI. PROVIDED alfo. That the Perfon fo being feized fhall, within One Time of b.fin. Year, begin to build a Watcr-Mill, and finifh the fame within Three Years, and "7fi"^"'"'f v fhall thereafter keep up the fame for the Ule and Eafe of all fuch as fhall be Cuf- m,iis"* '°^ tomers to it, other wife the iaid Land fhall return to the Perfon from whom it was taken, or to fuch other Perfons as Ihdll have his Right -, unlefs the Time for finifh- ing the fame, for Reafons Ihewn to, and approved of by the Court, be enlarged. VII. PRO VID E D likewife. That if any Water-Mill belonging to any Perfon Time aiipwea within the Age of Twenty One Years, Feme Covert, Non compos Mentis, or impri- iT ^"""' foned, be let fall, burnt, or deftroyed, that then fuch Perion or Perfons, and their ' Heir or Heirs, fhall have Three Years to rebuild and repair fuch Mill after his or their full Age, Difcoverture, coming of found Mind, or Enlargement out of Prifon. ° E e 2 VIII. AND 220 LAWS of North-Carolina. ji. D. 1758. VIII. AND he it further Ena5fed^ by the Authority aforefaid. That if any Per- '^ — ^f^^'j fon (hall think himfelf aggrieved by the Order or Determination of the County bv'n"e urd'cTof Court, he may appeal therefroni to the next Supreme Court of Juftice, Oyer and anyCo„n.yc.,utt, q^g^^i^^y ^pid Gcnetal Gaol Delivery, for the Diftridl in which the faid Land doth may aijutal to the ' . y ' 1 • 1 y-, ,i 11 1 • 1 i 1 SupretT^e Ccnrt lie, giving Bond and Security as uiual ; which Court Ihall, and is hereby autho- oftheDiftria. i-izecfand impowered, to take Cognizance of the fame, and to affirm fuch Order, or reverfe the fame, and to give fuch Judgment therein as the County Court ought to have rendered. p<.,r, ns w!io iiave IX. AND whcfcas It hath heretofore frequently happened that a Perfon defi- vinufof 'any fous of building a Water-Mill, and having Land on one Side of a Run only, hath. Order of Cnurt, ^y Qrdcr of the County Court, obtained an Acre of the Land on the oppofite Side 'heTuSnt of the Run for that Purpofe, which Order is held not to be warranted by the Laws quieted in the ^q^ j^, Potce ! For quieting the Owners of fuch Mills in the peaceable PofTeffion iK.n.^flion of fuch ^i^^j.^^^-^ Be it further Enacted^ by the rmthority aforefaid. That every Perfon who hath built any fuch Mill in Confequence of any fuch Order, and hath aftually paid the Money according to the Valuation of fuch Acre of Land, fhall be, and is hereby declared to ftand feized thereof, to him, his Heirs and Afllgns, in Fee- Simple, in the fame Manner, and under the fame Reftridions, Limitations, and Conditions, as if the fame had been originally granted by Virtue of the t-owers and Authorities of this Aft. owrt^rs of Mills X.. FRO VI D E D ttlfo^ That where any Owner or Owners of a Mill already buiuing oSer'^' built,' or that fhall hereafter be built, fhall conceive himfelf injured by the building Mills, may ii:.vt q| ^py Qthct Watet-Mlll by any Perfon or Perions on the fame Stream, it fhall and Damagt?'"" ^"' may be lawful for the Party injured to bring his A6tion on the Cale againfl the Owner or Owners of fuch latter built Mill, in the fame Manner as he might have done before the palling of this A6t j any Thing herein contained, to the contrary^ in any wife, notwithllanding. Millers •) grind XI. A N D to prevcnt Abufes by evil-minded, covetous, and exafling Millers^ jnd" w"hat Toll or Owners of Mills •, Be it hnatied., by the Authority aforefaid. That all Millers fhall they arc to take, crj-jp;^ according to Tum -, and fliall well and fufficiently grind the Grain brought to their Mills, if Water will permit j and fhall take no more Toll for grinding than One Eio-hth Part of the Whcatj and One Sixth Part of the Indian Corn : And every Miller, or Keeper of a Mill, making Default herein, viz. not grinding according to Turn, not well and lufficiently grinding the Grain, if Water will permit as afore- falTt.'^ " " faid, or exading or taking more Toll than herein is let down and allowed, fhall, for every fuch Offence, forfeit and pay Fifteen Shillings, Proclamation Money, to the Party injured ; to be recovered before a Juftice of the Peace of the County wherein luch Offence is committed, with Cofts* Owner to grind -j^jj^ PROViD EB always. That it fhall be in the Power of the Owner of a.-i^Tims."""' any fuch Mill to grind, or caufe to be ground, his own Grain, at any Time he thinks fiti any Thing in this A6t, to the contrary, notwithttanding. What Meafures XIIL A N D for thc bcttcr DifcoVcry of fuch exaftjng Mlllers ", ^^ // fw^t?^^, In'tLYr^Muh."'' by the Authority aforefaid, and it is hereby EnaMed, That all Millers fhall keep in their Mills the following Meafures, viz. An Half Bufhel, and Peck, tried and ftamped by the Keeper of the Standard of the County wherein fuch Mill is; and Two Toll-Diihes for each Meafure, one for Wheat, that fhall not hold more than One Eio-hth Part of each Meafure, and one for Indian Corn, that fhall not hold Penalty for keep- morc th^'an Onc Slxth Part of each Meafure : And every Owner by himfelf. Servant ino faifc Mea- or Slave, keeping any Mill, and fhall be lawfully convided of keeping f alfe ToU- ^""'* Dilhes, contrary to the Intent and Meaning of this Ad, fhall forfeit and pay the Party injured Fifteen Shillings, Proclamation Money, to be recovered by a War- rant from a Juftice of the Peace as aforeiaid : And if in Cafe fuch a Miller is a free Perfon, and keeps fuch a Mill for a Share, or for Hire, and is guilty of any of the above LAWS of North-Carolina. 221 above Offences^ it fliall be lawful for the Owner to flop fo much of his Share or ^; D. 1758. Hire as will be lufficient to rc'mburfe himfell for fuch Fine or Fines as he fliall be- ^--nr-*^ come unlwcrable for, with all the Lharges that Ihall become due thereon. XIV. ANT) he it further EnaHeiU hy the Authority aforefaid^ That all other Aft RcpeaiiBsCbufej or Acts, htrecofure made, as far as they /elate to fubhc Mills, are hereby from henceforth repealed, and made null and voidi CHAP. VI. An A51 for eftahlifoing a Warchoufe for the InfpeEtion of 'Tobacco en the hand of Thomas Barnes, in the County of Halifax, and other Purpojes. Provided for by the lufpijftion AiX. CHAP. VIL An additional Ad to an Act, intituled. An Aft concerning Servants and Slaves. I. T"W7HEREAS many great Charges have arifen to the Province by Punifli- yy ment of Slaves, who having Liberty from their Owners to hire themfelves out, and have committed Robberies ; by the Importation of Slaves from foreign Parts, for Crimes by them committed ; by the Condemnation of Slaves to Death for capital Crimes, for Want of a Punifhment adequate to the Crimes they have been guilty of; and by the high Valuation of Slaves condemned to Death, or killed by Virtue of an Outlawry : II. B E it Ena^ed, by the Governor, Council, and Afjemhly, and bv the Authority of the fame. That no Perfon who Ihall permit any Slave to hire himfelf or henelf out, ihall be intitled to receive any Pay from the Public, fhould they be punifhed for any Crimes by them committed during the Time of fuch Permiffion j any Ulage or Cuflom, to the contrary, notwithftanding. Preamb'fJ Maders permit- ing Slavei to h,re thtmlelves cut, nut t'l be allowed for them, (li uld they be pun^Hied toi any Ciime. III. AND be it further Ena"ed, by the Authority aforefaid. That no Perfon Perfons kaowing- hereafter purchafing any Slave, tranfported for Crimes from foreign Parts into this '^ Furchafmg Province, fhall be intitled to receive any Payment from the Public, ihould luch Slave afterwards be convicted anJ punifhed for any Crimes committed within this Province ; unlefs he firft made Oath, in the Court appointed for trying fuch Slave, that* he did not, at the Time of his purchafing, know that fuch Slave had been tranfported here for any Crimes committed in foreign Parts, (a) Slaves iranfp Tttd for C'rinies com- mitted abr>id, not to be allowed tui them if pu- nifhed for Crimes hire. CHAP. VIII. An Act for altering the Method of working on the Roans, and appciniing Public Ferries Repealed by the vnthin the Counties of Craven, Carteret, Johnflon, Beaufort, Orange, and On- ^^"^"^^'^• flow. CHAP. IX. An Act for appointing a proper Place for holding the Supreme Court of Jiifticc, Oyer and Terminer, and General Gaol Delivery, for the Diflrict i?/ Northampton, Edgcomb^ and Granville. I. TTTHEREASit hath been reprefented to the Affembly by the Inhabitants "Vy oi Northampton, Edgcomb, and Granville, that Enf eld, the Place where the Supreme Court of Jultice, Oyer and Terminer, and General Gaol Delivery, for the (aj The three laft Sedions cf this Ad repealed, by Aft Oaober 1764, Chap. 8. Prtamble. 222 LAWS of North-Carolina. Supreme Court tc be heW at Ha- iifax. All Prorefs to be made returnable chere> A. D. 1758. the faid Counties, have been ufually held, is not central to the faid Diftrift -, and that the Juftices of the faid Court, and the Officers, Suitors, Jurors, and others, whofe Attendance at the fame is by Law required, is fubjedt to great Hardfhips and In- conveniences, for Want of proper Accommodation and Kntertainment : For Re- medy whereof, IL B E it Ena^ed^ by the Governor, Council^ and JJfembly, and by the Authority of the fame. That from and after the Tenth Day of October next, the laid Court fhall be conftantly held for the laid Diilridt, on the Days and Times by Law appointed, in the Town of Halifax, and not at Enfield aforefaid ; any Law, Ufage, or Cuftom, to the contrary, notwithftanding. III. AND be it further Enacted, That after the aforefaid Tenth Day of October all Appearances, and Returns of Procefs, fhall be made to the laid Court in the Town of Halifax aforefaid; and all Recognizances, Bonds and Obligations for Appearances, and all Writs, Summonles for WitnefTes, and other Procefs, as valid and effeftual, as it the faid Place had been exprefsly mentioned tlierein : And all Suitors, WitnefTes, and others, whofe Attendance is required at the faid Court, fhall appear thereat in the Town oi Halifax aforefaid, under the fame Rules and Regulations, and lubjed to the like Pains and Penalties for Default therein, as they fhould or would have been fubjed or liable to, if the faid Court had continued to be held at Enfieldt IV. AND whereas it will be neceflary to ere^t a Court-Houfe, Prifon, Pillory, Stocks, and Clerk's Office, in the Town of Halifax aforefaid, for holding the faid Court, and the Detention and Punifhment of Offenders ; Be it further Enacted, by the Authority aforefaid. That the Directors and Truflees of the Town of Halifax be, and are hereby impowered and required, to remove the Prifon, Pillory, Stocks, and Clerk's Office, which are erected at Enfield aforefaid, and re-build and place the fame in the faid Town, or to erect and build others therein, together with a Court-Houfe, as to them, or the Majority of them, fhall feem mofl convenient ; and they, or the Majority of them, ffiall and may, and are hereby impowered and required, to contra6l and agree with an Undertaker or Undertakers to perform the fame, and to take Bond and Security for fuch Performance* Public Buildings to be built at Ha- lifax. Mnnpy approprl- ated for that I'ur- pule. Tnx of 6d. hid for the lame, Sheriff of Gran- »ille to p^y Ma- ny levied by Mif- talce in Granville to the Direflora of Halifax. V. AND for enabling fuch Commiffioners to difcharge Contrafts as they fhall enter into for the Purpofes aforefaid ; Be it further Enacted, by the Authority afore- faid. That the Sum of One Hundred and Thirty Four Pounds Nine Shillings and Four Pence Three Farthings, ProCiamation Money, now in the Hands of Robert Jones, Jun. and belonging to the faid Counties oi Northampton, Edgcomb, and Granvi.le, fhall be by him paid into the Hands of the faid Truflees and Direftors, and by them applied for the Purpofes aforefaid j any Law, to the contrary, not- withftanding. VI. BE it further EnaBed, by the Authority aforefaid. That a Poll -Tax of Six: Pence be levied on each taxable Perfon in the aforefaid Counties of Northampton and Edgcomb, to be coUeded for the prefent Year by the faid Sheriffs refpeftively, and accounted for and paid to the faid Truflees and Directors, at the fame Time, and in fuch Manner, and under the like Penalties, as by Law diredled for the colleding, accounting for, and paying Public Taxes. VII. AND whereas JVilliam Johnfon, late Sheriff of the County of Granville aforefaid, did, through Miflake, levy on the taxable Perfons in the faid County, for the Year One Thoufand Seven Hundred and Fifty Seven, the Sum of Six Pence, Proclamation Money, each, towards erefting, at Enfield aforefaid, a Clerk's OfBce and Prifon •, Be it further Enacted, by the Authority aforefaid. That the faid William Johnfon fhall pay the faid Money by him fo collefted to the laid Direftors and Truf- tees ; and in Cafe of his Refufal or Negleft, fhall or may be compelled thereto by L ji IV S of North-Carolina. 22' a Judgment of the aforefaid Court, on Motion of the faid Truftees and Diredors j ^- D. 1758. provided that the faid I'FiUiam John/on have Ten Days previous Notice of fuch Motion. VIII. AND he it further EnaEled, by the Authority aforefaid^ That the faid Truf- tees and Direftors fhall apply the aforefaid Monies, and fuch other Sum or Sums as they Ihali obtain, by voluntarily Donation of Gcntlen en, or otherwife, towards building a Court-Houfe, removing and re-building the Prifon, Pillory, Stocks, and Clerk's Office, now at Enfield^ into the Town oi Halifax aforefaid -, or in ere6dng or building in the fame, others for the Ufe of the Supreme Court of Juftice, Oyer and 'terminer, and General Gaol Delivery, for the faid Diltridj as to the faid Commif- fioners and Diredtors Ihall fecai molt convenient. IX. AND he it further Enacted, hy the Authority aforefaid. That if it fhoulci hereafter be thought neceffary to remove the Court ot Edgcomb County from Enfed, the Place where it is now held, into the Town of Halifax aforefaid, the JuIHces of the faid County ihall and may, and are hereby declared to have full Power and Au- thority to hold a Court fur the faid County, from Time to Time, in the Court- Houfe to be erefted for the Supreme Court of Juftice, Oyer and lerrMner, and Ge- neral Gaol Delivery, for the faid Diftricl ; and to have the Ufe of the Frilon and Stocks to be built for the fame, in as free and ample Manner, to all Intents and Purpofes, as if the fame had been ereded and built at the particular Expence of the faid County : And the Inhabitants of the faid County fhall not be compelled or obliged to pay any further or other Sums towards repairing or re-building the afore- faid Court-Houfe, Prifon, Pillory, or Stocks, than what is herein before direfted, or fhall hereafter be by Law appointed ; any Thing herein contained, or any Law to the contrary thereof, notwithftanding. And apprripri3te4 fur ertilinj I'ub- O'unfy Cduit of E3gcomh rcnioT. Jjftices t have Pi wer to fit in the 'SL'prtme Crt, llouk, &c, CHAP. X. • An Act for regulating Ordinaries and Houfes of Entertainment, and for other Pur* pofes. K E P. CHAP. XI. An Act to make Troviftcn for paying the Chief Juftice and Attorney General's Salaries^ and defraying the contingent Charges of Government. EXP. CHAP. XII. Anr Act for dividing the County of Johnfton, -and other Purpofes. I. ^T 7 H E R E A S the large Extent of the County of Johnflcn renders It griev- P'^«"' VV ous and burthenfome to many of the Inhabitants thereof to attend the Courts and General Mufters, and other Public Meetings appointed therein : II. B E it Enacted, by the Governor, Council, and Affemhly, and hy the Authority ccunty divided, of the fame. That from and after the Tenth Day oi April next the faid County be divided by the dividing Line between the Parilh of St. Patrick and the Parifh of St. Stephen ; and that that Part of the faid County which is now the Parifh of St. Stephen remain, be called, and known by the Name of Johnflon ; and that that Part of the D^bbs County e- faid County which is the Parifh of St. Patrick, be thenceforth ereded into a diftindt '■^^'^'*« County, and called and known by the Name of Dohhs. III. A N D for the due Adminiftration of Juftice, Be it further Enacted, by the courts to le held. Authority aforefaid. That after the aforefaid Tenth Day of April, a Court for the aforefaid 224 LAWS of North -Carolina. ^. D. 1758. * Altered by the Jnftrior Court Ai\, pa(!"t(l Nov. I7G2, thap, 2, ShrifF W collea as before the D." vifion. D .Kbs Part of the Southern Diftrift. aforefaid County of Johnfton be conftantly held by the Juftices thereof, at a Place called Hinton's garter, on the South Side of Neufe River, upon the laft Tuejdays in January, April, July, and October; *and alfo that a Court for the faid County of Dobbs be conftantly held by the Juftices thereof, at the Court-Houfe on Walnut Creek, upon the firft Tuefdays in February, May, Augufi, and November, every Year, as by the Laws of this Province is provided, and ftiall be, by Commiffion to the Juftices of the faid Counties, refpedively, direded. IV. AND be it further Enabled, hy the Authority aforefaid. That nothing herein contained ftiall be conftrued to debar the Sheriff' ot the faid County of Johnfton, as the fame ftands now undivided, to make Diftrefs for any Levies, Fees, or other Dues, that ftiall be due from the Inhabitants of the faid County, on the faid Tenth Day of /Ipril, in the fame Manner as by Law the faid Sheriff" could or might have done if the faid County had remained undivided \ and the faid Levies, Fees, and other Dues, ftiall be colleded and accounted for in the fame Manner as if this Adl had never been made j any Thing herein contained, to the contrary, notwithftanding. V. AN B be it further EnaEled, by the Authority aforefaid. That after the faid Tenth Day of April the faid County of Dobbs ftiall be, continue, and remain Part of the Diftrid of the Supreme Court of Juftice, Oyer and terminer, and General Gaol Delivery, ufually held for the Counties of Cr^ww, Carteret, Johnfton, Beaufort^ and Hyde ; and the Sheriff'or Colle6tor of the faid County oi Dobbs fhall, from Time to Time, account for and pay to the Public Trealurer for the Southern Diftrift of this Province for the Time being, all Public Levies by him collected, or wherewith he ftiall ftand chargeable, in the fame Manner, and under the like Pains and Penal- ties, as other ShenfFsi Royal Preroga- tive of Inrorpo- lation, favtd, Vi. PR UJ^D E D always. That nothing herein contained ftiall be conftrued, deemed, or taken, to alter or derogate from the Right and Royal Prerogative of his Majefty, his Heirs and SuccefTors, of granting Letters of Incorporation to the faid Counties, of ordering, appointing, and diredling the Eledlion of a Member or Members to reprefent them in Affembly, and of granting Markets and Fairs to be kept and held in them refpedively ; but that the faid Right and Prerogative ftiall and may, at all Times hereafter, be exercifed therein by his faid Majefty, his Heirs and Succeflbrs, in as full and ample Manner, to all Intents and Purpofes whatfoever, , as if this Ad had never been made, (b) CHAP. Xlit. private! County divided, An AEI fot dividing Edgcomb County. \. TT7HEREAS divers Inconveniences attend the Inhabitants of Edgcomh W County, by Reafon of the large Extent thereof, and the great Diftance that many of them live from the Court-Houfe, and other Places ufually appointed for Public Meetings j II. B E it therefore Enacted, by the Governor, Council, and Affembly, and by the Authority of the fame. That from and immediately after the Firft Day of January next enfuing, the faid County of Edgcomb be divided, by the dividing Line between the Parifti of Edgcomb and the Parifti of St. Mary -, and that that Part of the faid County which is now the Parifti of St. Mary, remain, be called, and known by the Halifax erefleJ. Name of Edgcomb County ; and that that Part of the faid County which is now the Parifti of Edgcomb, be thenceforth ereded into one diftind County, and called and known by the Name of Halifax. in. AND (hj The laft Seftion of this Aft provided for by the Road Aof St. John, as it now ftands entire and undivided, fhall be, continue, and remain of the fame Force, Validity, and Efiect, as if this Act had never been made. Farft of St. VII. AND he it further Enabled, by the Authority aforefaid. That the aforefaid Granv.iie HaU Veftry of the Parifh of St. John, after paying the Minifter's Salary, difcharging the at/t'quai pr.por- Allov/ances made to the Poor, and other Demands wherewith the faid Parifh of St. „onof the Tax- j^j^^^^ ^^ -^ ^^^ j^ ^j^^j^.^ ^^^ Undivided, flands chargeable, fhall pay and fatisfy to the Veftry of the faid Parifh of Granville, an equal Proportion of all the Money levied for the Ufe of the laid Parifh of St. John, whether the fame be colledled, or by the Collector of the faid Parifh ftill to be accounted for; due Regard being had to the Number of Taxables in each of the faid Parifhes : And if the Tax already impofed by the Veftry of the faid PariHi of St. John fhall be infufhcient to anfwer the faid Demands, the faid Veftry of the aforefaid Parifti of Granville fhall pay and fatisfy to the faid Veftry of the Parifti of St. John an equal Proportion of fuch Defi- ciency, Regard being had to the Number of Taxables as aforefaid. Vm. AND es. L A IV S of North-Carolina. :27 to be cri. as btltiie VIII. AND be it further EnaHed^ by the Authority aforefaid^ That nothing ^. D. 1758 herein contained Ihall be conftrued to debar the CoUcdor of the laid t'arllh of St. J^ J.ohn^ as the fame (lands now undivided, to make Dillrefs for any Levies or Taxes Ui\ that (hall be due from the Inhabitants of the faid Parilh on the Jaid Twentieth Day '*'' Dmficn. of September^ in the lame Manner as by Law the iaid Collector could or might have done if the faid Parilh had remained undivided-, and the faid Levies and Taxes fhall be colledled and accounted for in the fame Manner, as if this Aft had never been made ; any Thing herein contained, to the contrary, notwi Jiftanding. C H A P. XV. An A£l for dividing the Parip of North- Weft. I. T T 7 H E R E A S by Reafon of the great Length of the Parifli of North-Wefl^ Privaten y Y in the County of Northampton^ it is extremely difficult lor the Minifter thereoi to difcharge the Duty of his Function, and many Inconveniences attend the Parifhioners thereol : n. BE it therefore Ena&ed, hy the Governor^ Council^ and A£embly^ and h the Authority of the jame^ That from and imme.iiarely after the Firlt Day of January next, the faid Panlh oi North-Wefl be divided into Two diftinft ranfhcs; from 5^r//> County Line, by Pc/zV^//^ Swamp, to the Head Branch thereof ; and from thence, by a oirett Courfe, to the Country Line, where the fame crofles Jack^ Swamp j and that all that Part of the faid Parifh which lies North Well of the laid Bounds, fhall, for ever hereatter, remain, be called, and retain the Name of the Pariih o'i^ No th-lVeJi; and that all that other Part of the faid Parilh which lies Southward of the laid Bounds, fliall thereafter be a diftincl Parilh, and called and known by the Name of the Parilh of St. George, (a) PdriHi dividedt Nrnh Weft Pa- lifh eiefted. VI. AND be it further EnaSIed^ by the Authority aforefaid. That the aforefaid To pay an eq«ai Veflry of the Pariih of North-JVeft, afcer paying the Miniller's Salary, difcharging c'^Tr^iFa'rifl!.'* the Allowances made to the Poor, and other Demands wherewith the faid Pariih of North-lVefi, as it now is entire and undivided. Hands chargeable, fhall pay and fa- tisfy to the Vellry of the faid Parilh of St. George., an equal r'roportion of all the Money levied for the Ufe of the faid Parifh of North-lVeJi, whether the fame be collected, or by the Colleftor of the faid Parifh Hill to be accounte4 for, due Re- gard being had to the Number of Taxables in each of the faid Parifhes : And if the Tax already impofed by the Veflry of the faid Parifh of North4Veft fhall be in- fufficient to anfvver the faid Demands, the faid Veflry of the aforefaid Parifh of 6"/. George, fhall pay and fatisfy to the faid Veflry of the Parifh of North-lVefi, an equal Proportion of fuch Deficiency, Regard being had to the Number of Taxables as aforefaid. VII. AND be it further Enacted., by the Authority aforefaid., That nothing herein contained fhall be conftrued to debar the Collector of the faid Parifh oiNorth- IVefi, as the fame flands now undivided, to make Diftrefs for any Levies or Taxes that Ihall be due from the Inhabitants of the faid Parifh on the faid Firft Day of January., in the fame Manner as by Law the faid Colleftor could or might have done it the faid Pariih had remained undivided ; and the faid Levies and Taxes fhall be coUefted, and accounted for, in the fame Manner as if this Aft had never been made j any Thing herein contained, to the contrary, notwithftanding. F f 2 CHAP. Colleflor to d;f. trefs for Tavrs, ;s before the Dj. (a) The 3d, 4th, Sttid 5th Seftions of this Ail, obfolete, being provided for by the Vellry A(5l. 228 L A JV S of North-Carolina. ji. D. Private. 175S Nixon Town ef- Ubl.flied. Truftees appoint- ed for buildin" it. CHAP. XVI. An AEi for ejiahlijhing a Town on the Lands formerly belonging to Zachariah Nixon, lying on the North Eajl Side of Little River, in Palquotank County. I. TTTHEREASic hath been reprefented to the Aflembly, that in the Year y Y of our Lord One Thoufand Seven Hundred and Forty Six, One Hun- dred and Sixty One and a Halt Acres of Land was purchafed for a Town and Com- mons, Fifty Acres of which hath been laid out in Half Acre Lots, with convenient Streets ; that there are now upwards of Twenty habitable Houfes ereftcd thereon, and upwards of Seventy Inhabitants ; and that the fame might foon be improvev', if it was erected into a Town by lawful Authority : II. B E it therefore EnaHed, by the Governor, Council, and JJfembly, end by the Authority of the fame. That the faid One Hundred and Sixty One and an Half Acres of Land, be, and the fame is hereby conftituted, eredled, and eftablifhed a Town, and Town Commons, and ihall be called by the Name of Nixon Town. III. AND be it further Enabled, by the Authority aforefaid. That from and after palTing this A61, Jofeph RobinfoJt, Thomas Nichotfon, William Lane, Aaron Morris, and Francis Nixon, be, and they, and every of them, are hereby conftituted Direc- tors and Truftees, for defigning, building, and carrying on the faid Town ; and they fliall ftand feized of an indefeafible Eftate, in Fee, in the faid One Hundred and Sixty One and a Half Acres of Land, to and for the Ufes, Intents, and Pur- pofes, herein expreffed and declared ; and that the faid Diredlors, or any Three of them, fhall have full Power and Authority to meet as often as they fhall think ne- celTary, and caufe an exafl Plan of One Hundred Acres of faid Land to be made, as near as may be, agreeable to the Streets already laid out, and to infert a Mark or Number of each Lot ; which Plan lh.all be kept in fome convenient Place in the faid Town, for the View of fuch Perfons who have, or incline to have, a Lot or Lots in the fame. Lots already f^'d, refeived M the Proprietors. Truftees to exe- cute D'^cds for L'>ts already (old, and Hut conveyed. And to fell tliofe Chat are unfold, IV. PROVIDE!) neverthelefs. That nothing in this Aft contained fhall be conltrued or extend to grant Power to the faid Direiftors, or their Succeffors, to difpofe of, or interfere with, the Titles of any Lot or Lots already faved in the faid Town, or for which any Perfon or Perfons have, at the Time of pafFing this A6t, a Deed of Sale or Conveyance, figned and executed according to Law, either by Zachariah Nixon, in his Lifetime, or by the Perfons impowered by his laft Will and Teftament, to do the fame : But fuch Deeds and Conveyances as aforefaid, provided the Lot or Lots therein mentioned has or have been faved, or be hereafter laved within Three Years after the pafTing this Ad, in the fame Manner as the Lots hereafter to be granted are to be faved, purfuant to the Diredlions of this Aft, are hereby confirmed, in Fee, to fuch Perfon or Perfons, and to his or their Heirs and AfTigns, for ever. V. AND whereas it may be that fome Perfon or Perfons, Owner or Owners of one or more faved Lots in the faid Town, has, or have neglefted to have the faid Lot or Lots made over to them by Deed or Conveyance, by either the faid Zachariah Nixon, in his Lifetime, or by the Perfons appointed by his lafl Will and Teflament fo to do fince his Deceafe : In Order therefore to quiet and fecure the faid Perfon or Perfons in the PofTefTion of his or their Lot or Lots, // is hereby Enabled, by the Authority aforefaid. That the faid Direftors, or the Majority of them, fhall, at the proper Coil and Charges of the Perfon or Perlbns having one or more faved Lots not made over to them, make and execute Deeds for granting and conveying the fame to him or them, his and their Heirs and AfTigns, lor ever. VI. AND he it further Erased, by the Authority aforefaid. That the faid Direc- tors, or a Majority of them, within One Month after the laying out of the faid Town, and making the Plan thereof, fhall appoint a Time, and »ive Public Notice thereof. LAWS of North-Carolina. 229 thereof, and fo from Time to Time, as often as they fhali think it necefiary, to ^- -0. \-j-%. make Sale of any Lot or Lots therein laying vacant or unimproved, to the hiahelt ^-''"^' ' Bidder j and the faid Direclors, or a Majority of them, fhail make and execute Deeds for granting and conveying the fame to iuch Furchafer, his Heirs and Affio-ns, for ever, at the Coft and Charge of the Grantee to whom the fame fhall be con- veyed ; and every Perfon claiming any Lot or Lots by Virtue of any fuch Convey- ance, fhall and may hold and enjoy the lame in Fee-Simple. VII. PROVIDED neverthelefsy That every Grantee of any Lot or Lots in ^"^^ '"'>« ^^"^ the fiij Town fj conveyed, fhall, within Three Years next after the Date of the '*'"'"" 3 ^ciis. Purchafe, ered, build, and finifh, on each Lot fo conveyed. One good habitable H^ufe, with a Brick or Stone Chimney, Twenty- Feet long, Fifteen Feet wide, ■a id Nine Feet Pitch in the Clear, or proportionable to Iuch Dim nfions, if fuch Grantee fhall ha\^e Two or more Lots contiguous; and if the Owner of any Lot ftiall not comply with the Diref'tijns by this A6t prefcriDcd, for building andfinifli- ing an H mie tiiereon, then fuch Lot ihall be re-velted in the faid Directors ; and the laid Direclors, or the Majority of them, may, and they are hereby impowered and authonzed, t ) fell fuch Lot, in the lame Manner as if the faid Lot had never been fold or granted : Aad in Cafe of the Refufal or Neglect of any Purchafer to pay the Sum agreed for, the faid Direilors fliall and may commence and profccute a Suit, in their own Names, for the fame, and thereon recover Judgment, with Cofts. VIII. AND be it further Enaled^ That all Monies which fhall arife by the Monies f.r Saie Sale of faid Lots, fhall be paid to the faid Direcfors, and their Succeffors, and by °[^;;'"'/P?"f'*- them applied for thf- Benefit and Improvement of the faid Town, in fuch Manner as the Maj j;ity of the laid Directors fhall think proper. IX. AND for continuing the SuccefTion of the faid Diredors until the faid Succ^oncf di« Town fhall be incorporated, Be it further Enacted^ by the Authority aforejaid^ In Cafe ''^"^ '''P' "?' of the Death, Refufal to act, or Removal out of the County, of any of the faid Direftors, the Remaining Direftors, or the Majority of them, fhall alfemble at faid Town, and are hereby impowered, from Time to Time, by Intlrument in Writing, under their refpeftive Hands and Seals, to nominate Ibme other Perfon (being a Freeholder of the faid Town) in the Place of him fo dying, refuhng to aft, or Re- moval out of the County ; which new Director, fo non.inated and appointed, fhall, from thenceforth, have the like Power and Authority, in all Things in the Matter herein contained, as if he had been exprefsly named and appointed in and by this A6t. CHAP. XVII. An ASf to efiablifh a Ferry from Solley/s Poi7U to Relf'j Point, whereon the Court' Houfe nozv Jiands, on Pdi'quozank River. EXP. CHAR XVIII. An ASlfor defir eying Squirrels in the Counties within mentioned, EXP. CHAP. XIX. An Act for repealing an Act therein mentioned. I- TTrHEREAS One Aft of AlTembly, intitu'ed. An Act for preferving PreamWej V y Peace, and continuing a good Correfpondence with the Indians in Alliance with his Majeflfs Subjects, has not procured the good EfTefts hoped forj but, on the contrary, 230 LAWS of North-Carolina. A. D. i758_ contrary, is likely to alienate the AfFedians of the faid Indians from the Inhabitants *'"^""»'"~'^' of this Province : Aa repealed. J j_ ^ _g ^^ therefore Enacted, ly the Governor, Council, and JJfemhly, and hy the Authority of the fame. That the faid recited A6t, and every Claufe and Article thereof, fliall be from henceforth repealed, and made null and void. CHAP. XX. An Act to relieve John Pope from a Judgment obtained againjl hitriy in Favour of the Parifhes of Edgcomb and St. Mary. Piivate. I. TTTHEREASin the Year One Thoufand Seven Hundred and Fifty Three y y the Veftry of the Parifh oi Edgcomb, in the County oi Edgcomb, did lay a Tax of Two Shillings and Three Pence, Proclamation Money, upon each taxable Perfon in the faid Parifh, for defraying the Charges of the fame, and appointed John Pope, Gentleman, Colledlor thereof; but it afterwards appearing that the faid Veftry was not legal, the faid John Pope could not levy the faid Tax, or otherwife compel Payment thereof; notwithftanding which, Judgment hath been recovered againft the faid John Pope for the fame, and he hath dil'charged great Part thereof : And the faid Parifh of Edgcomb, fmce impofing the faid Tax, hath been divided, and a Part thereof ereded into a diftinft Parifh, by the Name of the Parifh of St. Mary ; and the Veftries of the faid Parifhes are in Doubt whether they have Power to releafe the faid Judgment without paying thereof, or refund the faid John Pope the Money by him paid in Part thereof: jlh'nPope.''^''"^ ^^- B E it therefore Enacted, by the Governor, Council, and AJfembly, and by the Authority of the fame. That the Veftries of the faid Parifhes refpedively may, and are hereby authorized and impowered, to repay the faid John Pope fuch Proportion of the faid Tax as they refpedlivcly have received, and to grant a Releafe or Re- leafes to him for fuch Part of the faid Judgment as they are intitled to receive, or fo much of each of them as to them, in their Difcretion, fhall feem reafonable ; any Law or Ufage, to the contrary, notwithftanding. SIGNED by Arthur Dobbs, Efq; Governor. Matthew Rowan, Prefident. Samuel Swann, Speaker. ANNO LAWS o/' North-Carolina. 231 A. D. 1759. ANNO REGNI G E O R G I I IL REGIS MAGN^ BRITANNIJE, FRANCIS, & HIBERNI^, TRICE SSIMO TERTIO. At a General ASSEMBLY, began and held at Newbern^ on the ARTHUR DOBBS.Efq; Twelfth Day of December^ in the Year of our Lord One Thoufand Governor. Seven Hundred and Fifty Four j and from thence continued, by feveral Prorogations, to the Eighth Day of May^ in the Year of our Lord One Thoufand Seven Hundred and Fifty Nine, to be then held at 'Newbern: Being the Eighth SefliOxi of this AiTembly. CHAP. L : re- An Act for raifing Money for finijijing the Churches in the PdrifJoes of St. James and St. This Aft Philip, hi New Hanover County, by a Lottery. . 7.^!%ll, "ch! __^ s. CHAP. IL An Act to impower the Jujlices of Dobbs County to hear and determine all Caufes com- menced and undetermined in Johnfton County Court before the Divifwn of the fend County. I. TTTHEREAS by One Aft of Aflembly made and pafled zt Edenton, in PrwinV?. y V the Year of our Lord One Thouland Seven Hundred and Fifty Eight, intituled, An Act for dividing the County of Johnfton, and other Purpofes, it is enafted, that from and after the Tenth Tyzy o( April, then next following, the faid County of Johnjlon be divided by the dividing Line between the Parifh of St. Patrick and the Parilh of St. Stephen -, and that that Part of the faid County which was then the Parifh of St. Stephen fhould remain, be called, and known by the Name o{ Johnjlon; and that that Part of the faid County which was the Parifh of St. Patrick be thence- forth ereded into a diftind County, and called and known by the Name oi Dobbs : And 232 LAWS of North-Carolina. And whereas tliere is not any Provifion made in the faid Aft for the Trial of fuch Caufes as were commenced in Johnjlon County (no\« called Dobbs County) Court, and undetermined on the faid Tenth Day of April -, Count" to^ilear ^^' ^ ^ ^^ Etiacted, by the Governor, Council, and Jjfemhly^ and by the Authority all Caufes pend- of thc fame^ That the Juftices oi Dobbs County Court Ihall and may, and they are before" the'ofv'i" hereby authorized, impowered, and direfted, to hear, try, and determine, all fiun, Caufes which were pending in the faid County Court of Johnjton, and undetermined on the faid Tenth Day of /ipril, and to give Judgment, and award Execution there- upon, in the fame Manner, to all Intents and Purpofes, as the Juftices of Johnjion County Court might or could have done if the faid County had remained undivided j any Law, Ufage, or Cuftom, to the contrary, notwithftanding. S I G N E D by Arthur Dobbs, Efq; Governor, Matthew Rowan, Prefident, Samuel Swam, Speaker, ■If M^ -J/ \V W My M^ \U ANNO LAWS of North-Carolina. 233 j^. D. 1759. 4# %# %# %# %# %#^-^%^ %# %# %# %# %# #^ #f #% #%-#f ^^^J«^#% ^% ^f f^ ff f% ANNO REGNI G E O R G I I II. REGIS, MAGNiE BRITANNIA, FRANCIiE, & HIBERNIiE, TRICESSIMO TERTIO. At a General ASSEMBLY, begun and held at Neivbern, on the ARTHUR DC)BBS,E% Twelfth Day of December^ in the Year of our Lord One Thoufand Governor. Seven Hundred and Fifty Four, and from thence continued, by feveral Prorogations, to the Twentieth Day of November^ in the Year of our Lord One Thoufand Seven Hundred and Fifty Nine, then held at Wilmington: Being the Ninth Seffion of this AlTembly. C H A P. L An Act to amend and continue an Atl, intituled. An Ad for the better Regulation of the Militia,, and other Purpofes. EXP. C H A P. 2. An Atl for granting an Aid to his Majefty, for faying and fuhjijling the This Aa had its Forces ana Militia now in the Fay of this Frovime^ and for other ^^''^' Purpofes. 3. An A£l for the Appointment of Veftries. REP. CHAP. IV. An Act for erecting Fart of the Counties of Chowan, Bertie, and Northampton, into a County and Farifh. I. TT THERE AS the large Extent of the Counties o{ Choivan, Bertie, and preambkj y Y Northampton, renders it grievous and burthenfome to many of the Inha- bitants thereof to attend the Courts of Juflice, and other Public Meetings appointed therein : For Remedy whereof, Gg II. BE 234 L A IV S of North-Carolina. A. D. 1759. II. BE it Enaled, by the Governor, Council, and AffemVy, and by the Authority Hei'^rrtfclirfy ^f. ^^^ fatne. That from and afcer the Firit Day of May next the faid Counties be erefted. divided as follows, to wit. Beginning in Eertie County at the firfl: high Land on the North Weft Side of Mare Branch, on Chowan River Focofon ; running thence by a dired Line to Thomas Outlaw's Plantation, near Stoney Creek ; thence by a direft Line to Northampton County Line, at the Plantation whereon James Rutland for- merly lived i then along Northampton County Line to the Head of Beaver Dam Swamp ; thence by a dircft Line to the Ealtermoft Part of Kerbfs Creek ; thence down the Creek to Meherrin River; tHcn up Meherrin River to the Virginia Line; then Eafterly along the Virginia Line to Bennett Creek -, then down Bennetts C reek to Chowan River ; then acrofs the River to the Mouth of the faid Ma7-^ Branch ; and up the Branch to the Beginning: And all that Part of the faid Counties in- cluded within the faid Bounds be thenceforth erefted into a diftinft County and Parifh, and cailed and known by the Name of Hertford County, and Parifli of St. Barnabas. ^"T'S'f "' ^^^' ^ ^■^ ^^ ^^ further EnaBed, by the Authority aforcfaid. That John Edwards^ running the di- John Brown, and John Baker, Efquires, be appointed Commiffioners ; and they, or vidwa Lines. ^^^ Two of them, are hereby impowered and dinfted to run the faid dividino- Lines between the faid Counties, agreeable to t!ie Diredions in this Ad: before mentioned, and to return a fair Plan thereof to the Court of the laid County of Hertford. c "rtfnrth- f.-d iv^ A N D for the due Adminiftratlon of Juftice, Be it Enabled, by the Authorty .h':id'.' ^ '" " aforefaid. That after the aforcfaid Firft Day of May, a Court for the faid County of Com d s a!- i^^^^f^^'^ be conftantly held by the Juftices thereof at Cotton's Ferry, on the South t., ,ibv Aa Side o^ Chowan River, upon' the Fourth Tuejdays in May, Auguft, November, and 1708, Chap. a. February, in each and every Year, as by the Laws of this Province is provided, and fnall be by CommifTion to the Juftices of the faid County direded. Part of N-rfh- V. AN D be it further EnaEfed, by the Authority aforefaid. That from and after ed ta tht I'ariih the paffing of this Ad: all that Part of the Parifti of North-Weft as fhall lie to the of St. George, Wcftward of the aforefaid Counties oi' Bertie and Hertford, Ihall be added to, and united and coiifolidated with, the Parifti of St. George, in the faid County of North- ampton, and fiiall remain one entire Parifti, and be called and known by the Name of tiie Parifti of St. George. shlT.'ifs'fl." "^ "^I- ANB be it further EnaHed, by the Authority aforefaid. That nothing herein maiong D.drefs containcd ftiall be conftrued to debar the Sheriffs of the Counties of Chovan, Bertie, c'. 1759. fhall pull down or remove the fame within the Term of Five Years next after the paflTing of this A6t : And if any Perfon or Perfons (hall prefume to aft contrary hereto, in erefting any Wooden Chimney in the faid Town, or in failing to puU down or remove, within the Time afore-mentioned, any luch Wooden Chimney by him already erefted herein, the Directors herein after mentioned, or any Two of them, are hereby authorized, impowered, and required, to pull down and deftroy every fuch Chimney, and fhall not be liable to an Action or Damage for fo doing ; and if the faid Directors, or any of them, fhall be fued for the liime, they may plead the General Iffue, and give this Act in Evidence. Direaors ap- IV. AND whereas John Gibfon, Gentleman^ one of the Direftors of the faid po,nied. Town, by removing to the Colony of Virginia, hath vacated his faid Office •, Ee it therefore Ena'ted, by the Authority af or ef aid. That lr( m and after the pafTing of this Aft, Thomas Barker, Alexander M'CuUoh, Rjbert Jones, Jun, Richard Browhrigg, Stephen De^vy, Thomas M^Knight, and Daniel Weldcn, Gentlemen, be, and are hereby appointed Direftors and Truftees of the faid Town ; and ihall and may life and exercile the fame Powers and Authorities as the Direftors thereof appointed by the aforefaid Aft could or mighc have cxercifed, ufed, and enji.yed by Virtue of the fame : And in Cafe of the Death, Refufal to aft, or Removal out of the Country, of any of the faid Direftors, the furviving or other Direftors fhall and are hereby required and impowered, to chule another Direftor, agreeable to the Direftions of the laid Aft, in the Room of him i^ dying, refufing to aft, or re- moving out of the Country. Who are fo exe- V. A N D be it further Enacted, by the Authority aforefaid, That the faid Direc- Lott. " * °' tors, or any Three of them, fliali and may, and are hereby authorifed and impow- ered, to make and execute Deeds for granting and conveying to every Perfon and Perfons who already have purchafed, or hereafter fhall purchafe any Lot or Lots in the faid Town ; and every ferfon claiming any fuch Lot or Lots by Virtue of any fuch Conveyance, fliall, and is hereby declared to have an indefeafible Eftate, in Fee-Simple, in the fame. CHAP. VIII. An Act to enable William Dry, Efq; to finiJJj Fort Johnf^on, at the Mcutb of Cape-Fear River. Private. ^* TXT ^^ R E A S the Safety and Prefervation of that Part of this Province y Y called Cape-Fear, greatly depends on the fpeedy and efTeftual finilhing the Fort at the Mouth of the laid River, and the raifing a Fund for that Purpofe on the Tonage of all Ships and VefTels coming to the Port of Erimfzvick, as direft- ed by an Aft of Affembly of this Province, intituled, An Act, to enable the Com- miffioners of Port Roanoke to amend the Navigation of the faid Fort, and for other Purpofe^, is attended with great Delay. And whereas William Dry, Efq; for and in Confideration of the Sum of Two Thoufand Nine Hundred Pounds, Proclama- tion Money, hath undertaken to compleat and finifli the faid Fort, and all its necef- fary Appurtenances, in Two Years from the pafTing of this Aft, conformable to the Propofals now laid before the General Affembly ; and hath given Bond and Security to the Governor and Commander in Chief for the Time being, in the Sum of Five Thoufand Eight Hundred Pounds Proclamation Money, for the wrll and faithful effefting the fame : ate thtFjit, Nfonev appropri- U. ^ £ jf therefore EnaMed, by the Governor, Council, and Afjemlly, and ^y the mg j^^ii^Qyiiy ^y ^ijg jame. That from and after the pafTing of this Kt\, it fhall and may- be lawful for the faid William Dry, his Heirs and AfTigns, to take and receive, to his or their own Ufe and Behoof, of and from, the Mailer of each and every Veflel (not owned in this Province) entered in the faid Port of Brunfwick, or any Port thereunto belonging, in order to unlade Goods and Merchandize in her imported. Laws of North-Carolina. •^17 or in order to take on board any Goods, Wares, or Merchandizes whatfoever for •^- -0. 1755^. Exportation out of the faid Port of Brunfwi.k, or Ports thereunto belonging, the ^— ^T*-*-* Sum of Two ShiUings Proclamation Money for each and every Ton Burthen tiiC faid Ship or Veffel may be of, until fuch Time as, with the Ballance now in his Hands for Powder-Money and Tonage by him heretofore colleded, he Ihall have received the full Amount of Two Thoufand Nine Hundred Pounds aforefaid, ex- clufive of his Commiffions, and no longer ; provided that the faid William Uiy^ fhall, within fix Months after the pafling of this Act, well and truly account for, upon Oath, with the CommilTioners of Fort Johnjlon, for all Powder-Money or Tonage by him heretofore received ; and fhall, upon Oath, account with the General Alfembiy for all Monies by him to be colkded or received by Virtue of this Adt. III. AN D be it further Enacted, by the Authority aforefaid. That the Ton- Tonage eftimat. acre of fuch Ship or Veflel fhall be eltimated by the Number of Barrels fhe may *''• carry, allowing for each and every Ton Eight Barrels, of Thirty-One Gallons and i Half, and lb irt Proportion for other Goods. IV. A N D be it further Enabled, by the Authority aforefaid. That every Claufcj Repealing ciaufe. Matter, or Thing, contained in any Ad: or Ads of Aflembly heretofore made, relative to a Duty on the Tonage ot Shipping entering and lading, or unlading, ac the faid Port ot Brunfwick, or within the Diftrid: thereof, is hereby repealed and made void to all Intents and Purpofes whatfoever. CHAP. IX. An Act to enable the Commijfioners of Fort Bath and Tort Beaufort to amend the Navigations and other Purfofes. EXP. CHAP. 10. An Act to impower and direct the CommiJJtoners of the Dijtricts herein ^l°j'^l^^ ^^-^ **' after mentioned^ to lay out and make new Roads. II. 12. An Act to eflablifh Warehonfes for the Inflection of 'Tobacco in the ^l°/'^f t^^^ County of Dobbs, and other Purpofes. a^. " ''* An Act for appointing Commiffioners to finiflo the Court Houfe already begun in the To'-jjn of Newbern, and for other Purpofes. REP. CHAP. XIIL An Act for efiablifloing a Town on the Land formerly granted to William Churton, Gentleman, lying on the North Side of the River Enoe, in the County of Orange, (a) TT7HEREAS it hath been reprefented to the Aflembly by Petition, that phmm. I. in the Year of our Lord One Thoufand Seven Hundred and Fifty-four, Four Flundred Acres of Land was granted to William Churton, which was after- wards laid off by him into a Town and Common ', and that Part of the faid Four Hundred Acres hath been likewife laid out into Lots of One Acre each, on fome of which good habitable Houts have been erefted ; and that by Reafon of the Heakhinels of the faid Place, and convenient Situation thereof, for an inland Trade, the fame might foon become confiderable if it was erecled into a Town by lawful Authority, to which the faid William Churton, who is now feized, in Fee, of the grcateft Part of the faid Four Hundred Acres, and thofe who claim by Conveyance under him, having confcnted : II. B^ (a) See Ai5l Nov, 1766, Chap. 15, fcr amending this Aft. 238 L A V/ S of North-Carolina. __ 1 ■ — — 0^. £>. 1759. II. B E it therefore Enacted^ by the Governor^ Council, and Jjfembly, and by the ThTlTTi^d ^^^^ority of the fame. That the faid Four Hundred Acres of Land be, and the chufes altered by fame is hereby conftituted, erefted, and eftabliflied a Town, and Town Common, cSp.^rs. '^^'^' -a"^ ^^^^ be called by the Name of Childfiurgh. Direftofs ap. HI. AND be it further Ena^ed, by the Authority aforefaid. That from and after ''°'"'"'- the pafllng of this Aft, James Watfon, William Cburton, William Reed, Efqrs. William Nunn, and Daniel Cane, Gentlemen, and every of them, be, and they, and every of them, are hereby conftiftuted Directors and Truftees, for defigning, building, and carrying on the faid Town ; and they fhall ftand I'eized of an inde- feafible Eftate, in Fee, in the faid Four Hundred Acres of Land, to and for the Ufes, Intents, and Purpofes, herein after exprefied and declared -, that is to fay, That the faid Diredors, or any Three of them, Ihall have full Power and Autho- rity to meet, as often as they lliall think neceflary^ and caufe an exafl Plan of Two Hundred Acres of the faid Land to be made, as near as may be agreeable to the Streets and Lots already laid out, and the Refidue thereof fhall be and remain for a Common thereto -, and that the faid Directors fhall infert a Mark or Number on each Lot ; which faid Plan fhall be kept in fome convenient Place in the faid Town, for the View of iuch Perfons who have, or incline to have a Lot or Lots in the fame* Lots tefema to IV. AND be it further EnaHed, by the Authority aforefaid. That when the faid th= Pr.piKtor. ^^^^ j^^j^ ^^ j^. J ^^^^^ .J. j^^jj ^^j ^^y ^^ \^^vM lor the faid William Churton to referve to himfelf, and have and keep to his own proper Ule, Four Acres ot the faid Town, lying on the South-Eajl Corner thereof upon the River •, Three Acres of which Four Acres, have formerly been laid out into Lots, and, are now in the Plan of the laid Town, known and diftinguifhed by the Letters FG and H, and one other Acre betwixt thofe Lots and the River, and bounded by the Lots Num- ber 5, and the Letters FGH and the River ; of which faid Lots the faid William Churton fhall fland feized of an indefeafible Eftate of Inheritance, in Fee-Simple, in the fame Manner as if the faid Lots had been by him faved in Manner as here- after diredled by this Aft, in Confidcration of the many Services he hath performed for the Inhabitants of the faid Town, and of his Labour, Expence, and PainS, in laying out the faid Town. D-ireaors not^to y^ PROVIDED Mverthetefs, That nothing in this A(5l contained fhall be LotsakeJ/fav. conftrucd or extend to grant Power to the faid Diredors, or their Succeffors, to ^^- difpofe of, or interfere with the Title or Titles of any Lot or Lots already faved m the faid Town, or for v^^hich any Perfon or Perfons have at the Time of pafTing this Aft, a Deed of Sale, or Conveyance, figned and executed agreeable to Law, by the faid William Churton •, but fuch Deeds and Conveyances as aforefaid, if the Lot or Lots therein mentioned has or have been faved in Manner as fpecilied in the faid Deed or Deeds fiom the faid V/illiam Churton, or fliall be hereafter faved within Two Years after the pafTmg of this Aft, in the fame Manner as the Lots hereafter to be granted are to be faved purfuant to the Directions of this A6V, are hereby declared to be good and valid in Law, and the Grantee or Grantees fliall have and enjoy an Eftate, in Fee-Simple, therein, {a) "^omt'cT' *'" ^\l\. AND be it further Ena^ed, by the Authority aforefaid, Th^t James Wat- ^"'"^ ' fon, Efqj one of the Directors aforefaid, fhall be appointed prefent Treafurer, and Receiver of all Monies arifing by Virtue of this Act -, and on his Death, Removal out of the faid Town, or Reiufal to Act, then the faid Directors, or the Majority of them, fhall choofe one other of the faid Directors to fucceed him ; and every Treafurer fliall firft give fufficient Security to the juftices of the County Court oi Orange iov thejuft Performance of the faid Truft. IX. AND (a) The 6th ard7th Sea'ons repealed by A y Y his prefent Majefty, intituled. An Act fcr binding and maintaining of Court- Houfes, Prifons, and Stocks, in every County ziithin this Province, and appointing Rules for each County Prifon for Debtors, tt is, among other Things, Enaded, That every Perfon committed to Gaol (not for Trealon or Felony) upon giving Bond and Security to the Sheriff of the Courtty,, may have the Liberty of the Rules of the Prifon to which he is committed ; which Indulgence hath been greatly abufed : II. B E it therefore Enacted, by the Governor, Council, and Affembly, and by the Method of Prfo- Authority of the fame. That all and every Borid or Bonds which fhall hereafter be f"" fhT^rion given in Hurfuince of the faid Aft by any Perfon or Perfbns committed on a Capias Bounds, and pto- ad Satisfaciendum, fhall, by the Sheriff taking the fame, be affigned by the Party at of'ticape'." '^''^'^ whofe Inftance fuch Perfon or Perfons was or were committed to Gaol, and fliall be returned to the Office of the Clerk of the Court from whence fuch Execution iffued, there to be fafely kept, and fnall have the Force of a Judgment-, and if any Perfon who fhall obtain the Rules of any Prifon, upon giving Bond and Security as afore- faid, fhall efcape out of the fame before he lliall have paid the Debt, or Damages and Colb, accor 'ing to the Condition of fuch Bond, it fliall be lawful, and full Power and Authority is hereby given to the Court where fuch Bond is lodged, up- on Motion of the Party for whom fuch Execution iffued, to award Execution againfl fuch Perfon and his Securines, for the Debt, or Damages and Cofls, with Intereff, to be computed from the Time of fuch Efcape till Payment : And no Perfon or Per- fons w'latfoever, who fhall be committed to Gaol on any fuch Execution, fhall have or be allow d the Rules of any 1 rilon, but fliall be kept in fafe Cuftody in the Prifon to which he or they fiiall be committed, until the whole Debt or Damages, with Intereft, and Cofts, fliall be fully paid and fatisfied : Any thing in the faid Act contained to the contrary notwithftanding. IIL PROVIDED 240 LAWS of North-Carolina. ^. D. 1759. ni. PROVIDED always. That fuch Obligor Ihall have Ten Days pre- Obii^ToVve vious Notice of fuch Motion in Writing, and the Obligors, in fuch Cafe, Ihall 10 Days previuus not be admitted to plead JSIon eft FaSlumy in their Defence, unlels they fliall,.by S I G NED by Arthur Dobbs, Efqj Governor. James Hafell Prefident, Samuel Swam, Speaker, ANNO L A IV S o/" N O R T H - C A R O L I N A. 241 A. D. 1760. ANNO REGNI G E O R G I I II. REGIS M A G N /E B R I T A N N I tE, F R A N C I iE, & H I B E R N 1 vE, TRICESSIMO TERTIO. At an ASSEMBLY, began and held at Newbeni^ the Twenty- ARTHUR DOBBS, E% fourth Day of April, m the Thirty-third Year of the Reign of our GovcrnoK.- Sovereign Lord GEORGE the Second, by the Grace of God, of Great-Britain^ France^ and Ireland^ King, &c. and in the Year of our Lord One Thoufand Seven Hundred and Sixty j being the Firft Seflion of this prefcnt AiTembly. CHAP. L An Act to eftahlip Inferior Courts of Pleas and ^larter Sejftons, in the fever al Counties in this Province. REP. CHAP. a. An Act for the better Care of Orphans^ and Security and Manage- tnent'of their EJlates. REP. 3. An Act directing the Method of appointing Jurymen in all Caufes, Criminal and Civil. EXP. 4. An Act for fjlaUifjing Veflries. REP. 5. An Act for making Provifion for an Orthodox Clergy. REP. 6. An Act to amend and improve the Navigation from Howard's Bay '*'■'"'''''■<' <■<"■ ^j in New-River, /;; Onflow County, to Bear-Inkt. chlil^r'' '^"' li h CHAP. 242 LAWS of N O R T H - C A R O L i N A. ' J:. J. D. 1760. CHAP. VII r. An Act to confirm an Agreement made by the prefent ChurchwarJ.ens and Veftry of Edg- comb Parifh^ in the County of Halifax, zvith the Rev. Mr. Thomas Burgefs. Private. I. TT 7 H E R E A S by Virtue of aa Act of Affembly, paffed at Edenton the V V Twenty-third Day of Nover/iber, in the Year of our Lord One Thoufand Seven Hundred and Fifty Eight, intituled, An Act for making better Provifwn for the Clergy., the Churchwardens and Veftry of the Parifh of Edgcomb., in the County of Halifax., did agree with the Reverend Thomas Burgefs, \n October lafb, to give and pay him the Sum of One Hundred Pounds, Prociamacion Money, per Annum., to officiate in the aforefaid Parilh, by performing Divine Service at the Church and Chapels, or elfewhere in the faid Parilli, as fliould be required by the faid Veftry, and pertorm every other Duty in the iii'd Parilh which to the Office of Minifter of the Church of England belongs -, and alio to pay the faid Thomas Burgefs Twenty Pounds, Proclamation Money, in Lieu of a Glebe, including in tE'e whole One Hundred and Twenty Pounds, Proclamation Money; in Confideration of which, the faid Thomas Burgefs covenanted to perform Divine Service at the Church or Chapels in the aforefaid Parifh, or elfewhere in the faid Parifli as he fiiould be directed or required by the aforeiaid Veftry or their Succefibrs ; in Confequence of which faid Agreement the aforefaid Thomas Btirgejs hath officiated and performed Divine Service in the Church and Chapels v/ithin the faid Pariffi, frcin the Time of the Agreement aforefaid, to the Approbation of the Veftry and other Pariftiioners : Therefore, Contraa con- \\^ ^ E it Enacted., by the Go'vcrnor., Council, and AffembJy, and by the Authority of the fame. That the faid Contract fo made by and between the faid Thomas Bur- gefs and the faid Church Wardens and Veftry of the Parilh of Edgcomb aforeiaid, is hereby confirmed, and ffiall be good and valid in law, and Ihall be binding to all Intents and Purpofes, as well on the faid Thomas Burgefs as on the laid Church- wardens and Veftry of the faid Parifli, lor and during, the natural Life of -the faid Thomas Burgefs^ or the Time the faid Thomas Burgefs fliall continue to be Minifter thereof. CHAP. VIII. tile'inf eflion''^ /f« Act for enlarging the Tijke for Infpection of Tobacco at the Public Warehoife in the Aft. Town of Halifax •, for increaftng the Salaries of the Infpectors of the j aid Warehoufe ; for eftabliflnng Warehoiifes in the County of Cumberland ; and other Purpofes therein mentioned^ fumed SIGNED by Arthur Dobbs, Efq-, Governor, James Hafell, Prefident. Samuel Swann, Speaker. kMT ys -vs y&TU-^ -m, ys .,7 ANNO LAWS of North-Carolina. 243 J. D. 1760. ^ ^-fy ^^ ^'"i?* '^•^ '^■^ •^/"^s* ■■»• 4^"^ "^-^ "^-^ -^"^ "^^ 4"^ %. ^ 'fy^ -l-^* '^'•k' -^-k- -^'^ ^^-^ + -^"^ ^"^ •4^4* '^'^ '¥'¥ 4*"^ ]^ ANNO REGNI G E O R G I I II, REGIS, MAGNiE BRITANNIA, FRANCIS, & H I B E R N I ^, T R I C E S S I M O T E R T I O. At an A S S E M B L Y, beffun and held at NfTr/^^r«, the Twenty-fourth ARTHUR DOBBS.Efcj; Day of Jpril, m the Thirty-third Year of the Reign of our Sovereign Governor. Lord GEORGE the Second, by the Grace of God, of GreatBritain, France y and Ireland^ King, &c. and from thence continued, by Pro- rogation, to the Twenty- fixth Day of May^ in the Year of our Lord One Thoufand Seven Hundred and Sixty i being the Second Scffion of this prefent AlTembly; CHAP. I. An Act for ejlahlijhing Superior Courts of Pleas and Grand Seffions^ and regulating thi Proceedings therein. REP. CHAP. II. An Act for repealing an Act therein mentioned, I. TT7HEREAS an Ad of Aflembly, intituled, An Act to prevent mdlig- PHvatt. VV nant and infectious Dijlempers bei7ig fpread by Shipping, importing diflemper- ed Perfons into this Province, and other Purpofes, has been reprefented by the Petition of fundry Merchants and others, and is found, by univerfal Experience, to be greatly prejudicial ito the commercial Intereft within this Province : II. B E it therefore Enacted, by the Governor, Council, and AffemUy^ and hy the p^^ jepsaicd, Authority of the fame. That the laid recited Aft, and each and every Claufe therein, be, and is henceforth repealed, and declared null and void. S I G N E D by Arthur Dobbs, Efq; Governor*" James Hafell, Prefident. Samuel Swann^ Speaker. Hh2 ANNO 244 LAWS of North-Carolina. ^. D. 1760. « ^^ ^^ ^^ X^ ^^ W~^ ^^ ^^ ^^ M ^^ ft I-^ ^^ ^^ ^^ ^-^ kj«( ^^ ^ f t fl f - ANNO REGNI G E O R G I I II. REGIS, MAGN^ BRITANNIiE, FRANCIiE, & HIBERNIiE» TRICESSIMO (QUARTO. ARTHUR At an ASSEMBLY, begun and held at Newbern, the Twenty Fourth DOBBS, E% Governor. Day of Jpril, in the Thirty Third Year of the Reign of our Sovereign Lord G E O R G E the Second, by the Grace of God, oiGreat-Britaint France^ and Irelandj King, &c. and from thence continued, by feveral Prorogations, to the Twenty Sixth Day of June^ in the Year of our Lord One Thoufand Seven Hundred and Sixty j to be then held at Wilmington : Being the Third Scffion of this prefent AiTembly. CHAP. L An Act for granting an Aid to his Majejiy. (a) is,oooi.ejnitted. yjj^ AND whcrcas there is not Money in the Public Treafury to anfwer the ±\_ Purpofes aforefaid, and the reduced State of the Province renders it imprafticable to raife the fame by an immediate Poll-Tax ; Be it EnaSied, by the Authority aforefaid. That the Honourable John Swann^ and Lewis De Rojfett^ Efqrs. and Samuel Swann, and John Starkey, Efqrs. are hereby authorized, impowered, and required, to ftamp or print, and make out, or caufe to be llamped or printed, and alfo to fign with their Hands, Public Bills of Credit, to the Amount of Twelve Denominatiqn of Thoufand Pounds, at the Rate of Proclamation Money, that is to fay : One Thou- fand of Three Pounds, One Thoufand of Two Pounds, One Thoufand of Thirty Shillings, Two Thoufand of One Pound, Two Thoufand Three Hundred of Ten Shillings, Four Thoufand of Five Shillings, Five Thoufand of Two Shillings and Eight Pence, Twenty Five Hundred of Two Shillings, Four Thoufand of One Shilling, Four Thoufand Five Hundred of Eight Pence, Two Thoufand of Six Pence, and Two Thoufand of Four Pence, each ; and fhall receive for damping or printing. CaJ The firft 6 Claufes of this Aft are obfolete, as they have had their Efieft. LAWS of North-Carolina. ^45 A. D. 1760, Money to be lodged with the Treafurers, printing, and making out, and figning the fame, T-^o per Cent, and no more: And that the aforefiiid John Swann^ Lewis De Rojfelt, Samuel Swann, and John Starkey fhall, before they itamp, print, or fign, any of the faid Public Bills of Credit, t^ive their reipedive Bonds, with fufficient Security, to our Sovereign Lord the Kuio- his Heirs and SuccelTors, for the Ufe of the Province, in the Sum of Twelve Thou- fand Pounds e;ich, for the faithful Difcharge of the Truft in them repofed by this Act ; vv^hich Bonds fhall be lodged in the Secretary's OfficCi VIII. AND be it further Enatled, by the Authority af ore/aid. That the laid Bills of Credit, when fo ftamped or printed, and figned as aforefaid, fhall be delivered into the Public Treafury of this Province, that is to fay : Six Thoufand Pounds thereof to John Starkey., Public Treafurcr of the Southern Diflrict, and the other Six Thoufand Pounds to Thomas Barker., Public Treafurer of the Northern Diftrict and ihall be applied to the Ufes and Purpofes by this Act directed-. IX. AND he it further Enacted, by the Authority aforefaid. That the faid Bills of Credit fhall be current, and a lawful Tender in all Payments whatfoever, as Pro- clamation Moneys X. AND be it further Enabled, by the Authority aforefaid. That the faid Public Treafurers, when directed, until the Sum of Seven Thoufand Pounds, by this Act granted for raifmg, paying, and iubfilling the Companies afore-mentioned, fhall be fully paid, fiiaii liiake Payment in the faid Bills of Credit to fuch Perfon or Perfons as the Governor, or Commander i.i Chief, by his Warrant or Warrants, fhall order and appoint to receive the fame. XI. AND be it further Enacted, by the Authority aforefaid. That the Perfon or Perfons who fhall receive the faid Sum of Seven Thoufand Pounds, or any Part thereof, by Virtue of any Warrant or Warrants, fhall account with the General Affembly for the fame : And every fuch Perfon or Perfons, before receiving the faid Money, fhall enter into Bond, with good and fufficient Security, to his Ma- jefty, his Heirs and SucceiTors, in double the Sum he fhall fo receive ; with Con- dition, That he will account with the General Affembly for the Sum or Sums he fhall receive from the faid Treafurers, or either of them, by Virtue of fuch War- rant ; which Bond Ihall be taken by, and lodged with the Treafurer who pays fuch Money : And in Cafe of a Breach of the Condition thereof, may be put in Suit, and a Judgment being obtained thereon, the Money recovered fhall be applied to- wards defraying the contingent Charges of Government, in fuch Manner as the General Affembly fhall direft, and to no other Ufe whatfoever. XII. A ND be it further Enacted, by the Authority aforefaid. That the faid Sum of Seven Thoufand Pounds fhall, by the Direftion of the Governor or Commander in Chief for the Time being, be applied to the particular Purpofes by this Ad herein before direded, if neceffary ; but if a lefs Sum fhall be found fufficient for the fame, the Surplus fhall be applied towards defraying the contingent Charges of Government, already allowed, or which fhall hereafter be allowed by the General Affembly, and to no other Purpofe whatfoever. XIII. AN D for the greater Encouragement of Perfons as fliall inlift volunta- rily to ferve in the faid Companies, and other Inhabitants of this Province who fhall undertake any Expedition againfl the Cherokees, and other Indians in Alliance with the French •, Be it further Enacted, by the Authority aforefaid. That each of the faid Indians who fliall be taken a Captive during the prefent War by any Perfon as afore- faid, fhall, and is hereby declared to be a Slave, and the abfolute Right and Pro- perty of who fhall be the Captor of fuch Indian ; and fliall and may be poffeffcd, pafs, go, and remain to fuch Captor, his Executors, Adminiflrators, and Afligns, as a Chattel perfonal : And if any Perfon or Perfons, Inhabitant or Inhabitants of Premium for kii- thb Province, not in adtual Pay, fhall kill an Enemy Indian or Indians, he or they ^^^"g Enemy indi- fhall ""' Bills a lawful Tender, Treafurers to pay the Money, on the Governor's Warrant, To be acconnted for to the Affem- bly. Perfons receiving it, to give B^nd« Surplus of the 7000 1 to be ap- plied to Contin- gencies of Go- vernment. Indians taken, to be Slaves, 246 LAWS of North-Carolina. A. D. 1760. fliall have and receive Ten Pounds for each and every Indian he or they Ihall fo kill \ *^-'^'~'' '' and any Perfon or Perfons who fhall be in the aftual Pay of this Province, fliall have and receive Five Pounds for every Enemy Indian or Indians he or they fhall fo kill, to be paid out of the Treafury j any Law, Ufage, or Cuftom, to the contrary, notwithilandinff. Uaward hcivi to be recovered. 2000 ated Prem dians 1 appropri- for paying iums for In kilkd. Pen for counter- fditing Bills. Tax laid fur faif. jng iZjOOol, XIV. PROVIDED always^ That any Perfon claiming the faid Reward, be- fore he be allowed or paid the fame, fliall produce to the Aflembly the Scalp of every Indian fo killed, and make Oath, or otherwife prove that he was the Perfon who kided, or was prefent at the killing the Indian whofc Scalp fliall be fo produced j and that he hath not before had or received any Allowance from the Public lor the fame :- And as a further Encouragement, fliall alfo have, and keep to his or their own Ule or Ufes, all Plunder taken out of the Pofliefllon of any Enemy Indian or Indians, or within Twenty Miles of any of the Cherokee Towns, or any Indian Town at War with any of his Majefty's Subjeds, XV. AND be it further Ena^ed, hy the Authority aforefaid. That Two Thoufand Pounds, ot the Remainder of the aforefaid Twelve Thouland Pounds, fliall be^ and is hereby appropriated, to and for the Payment of the aforefaid Rewards, to fuch Perfon and Perfons as, by killing any of the aforefaid Indians, fliall be intitled to receive the fame ; but if a lefs Sum fliall be found fufficient for the faid Purpofe, the Surplus fliall be applied towards paying the feveral Creditors of the Public fuch Claims as already have been, or fliall be allowed by the General Aflembly, and to any other Purpofe : And the Refidue of the faid Twelve Thoufand Pounds is hereby appropriated to and for the Payment of the Debts of the Public, chargeable on the contingent Fund, and fliall not be otherwife applied. XVI. AND be it further EnaEfed, by the Authority aforefaid. That if any Perfon fliall forge or counterfeit any of the faid Bills of Credit, or fliall pafs or utter the fame in. Payment or Exchange, knowing the fame to be forged or counterfeited, the Offender therein, being lawfully convided, fliall be adjudged a Felon, and fuffer as in Cafes of Felony, without the Benefit of Ckrgy. XVII. AND for redeeming the faid Public Bills of Credit, Be it Enacted, by the Authority aforefaid. That a Poll-Tax of One Shilling be laid on every taxable Perfon within this Province, to commence on the Firfl Day of January, One Thou- fand Seven Hundred and Sijity Three, and to continue until the whole Sum to be emitted by this Ad fliall be paid in and burnt j which faid Tax fhall be colleded by the Sheriffs of the feveral Countits, and accounted for and paid to the Treafurers of the feveral Diflirids, in the fame Manner, and undef the like Penalties, as are by Law direded for the coUeding, accounting for, and paying other Public Taxes, CHAP. II. An Act for appointing a Militia. EXP. SIGNED by Arthur Dobbs, Efq; Governor. James Uafell Prefident.' Samuel Swam, Speaker. ANNO LAWS of N O R T H - C A R O t I N A. 2^7 A, D. 1760. \i %# %# %# %# #% #% #% #f '"^ #^^^-^#% f% #f #1 #% #% ANNO REGNI G E O R G I I II. REGIS, MAGN^ BRITANNIiE, FRANCIiE, & HIBERNliE, T R I C E S S I M O (QUARTO. At an ASSEMBLY, beeun and held at Ncwbcrn, the Twenty- Arthur ^ ^ DOBBS,Ef(i; Fourth Day cf April, in the Thirty-third Year of the Reign of cur Governor, Sovereign Lord GEORGE the Second, by the Grace of God, of Great-Britain^ France^ and Ireland^ King, &c. and from thence con- tinued, by feveral Prorogations, to the Thirtieth Day of November, ill the Year ot our Lord One Thoufand Seven Hundred and Sixty; to be then held at l'^iimi?igton : Being the Fourth Seffion of this prefcnt Aflembiy, CHAP. L Mn Jet to regulate Elections for Menihers to ferve in the General JjfemMy, and to afar- tain who jL'all be q-'.ahjied to 'vote at thejaid Elect-icJis, cr to be elected a Member of the General Ajfoubly ; and to direct the Method to be objerved in taking the Poll at the feveral Eleaiom in the Counties and T^ians in this Province. \. TT7HEREAS there is no Law now in Force in this Province to afcertain P"'-°' W tnc Mc-thod of taking the Poll at the Eledion of Members to ferve in the General Aflembly, or whj fliail be qualified to vote at, or be eleded a Member to fcrve as atorefaid : II, WE therefore pray that it may be Enacted, And he it Ena5Ied, by theGover- W'^t'i''''.;^^^ '■>'• nor^ Council^ and Afjembly^ and by the Authority of the fame^ That from and after "'° ' ■ " thi pafling of this A61, the Sherilis of the feveral and refpedive Counties within this Province fhall, at all Eiedtions hereafter to be made in the (everal and refpective Counties for Members to fit in General AfTembly, take the Votes of the Freehol- ders 248 LAWS of North -Carolina. A. D. ijGo. ders qualified to vote, in Manner following; that is to lay, Each and every Sheriff' of the feveral Counties, fliall, at the Day appointed for choofing Members of Aflembly, come to the Place by Law appointed for holding fuch Eledion in his County, and the Candidates then prefent, Ihall nominate and appoint Two Infpec- tors to fee the Poll fairly and impartially taken •, and if the CandiJates then prefent fliall refufe or negleft, the Sheriff or Under Sheriff of the County, fhall nominate and appoint the laid Infpeclors, and the Sheriff fhall, at or before Ten o'clock in the Forenoon, open the Poll, and after Proclamation made for the Freeholders to come and give their Votes, fhall take a Lift of the Names of the Voters who lliall give their Suffrage, and the Votes fhall be given openly, and the Poll kept open till Sunlet, unlefs the Candidates then prefent fhall agree to have it clofed fooner • and the Sheriff fhall then, in the Prefence of the Infpeftors, call: up the Number of Votes given for each Candidate, and declare the Perfon or Perfons who ihall have the greateft Number of Suffrages, to be duly elected ; and in Cafe of an Equality of Votes among any of the Candidates, the Sheriff fhall have the caftino- Vote, and in no other Cafe give his Vote. whom deemed Freeboldersi III. AND to prevent Difputes which may hereafter arife in electing of Mem- bers to ferve in Affembly, relating to who fhall be underftood to be a Freeholder ; Be it Enacted, by the AiUhorhy^ af ore/aid. That every Perfon who, Una fide, hath an Eflate real for his own Lifetime, or the Life of another, or any Eflate of greater Dignity of a fufficient Number of Acres in the County, which by the Law enables him to vote, or be a Candidate for fuch County, fhall be accounted a Freeholder within the Meaning of this Act. N-!ne but Free- holders to vote. O; T ^C^^'^r^ Sum of Five Pounds, Proclamation Money, to him or them that will lue for the ""' Fr^hoidcrs. fame -, to be recovered with Cufts ot Suit, in any Court of Record in this Province, by Action of Debtj wherein no Injunction or Wager of Law fhaJl be allowed or admitted of. Vir. ANT) he it further Ena51ed, hy the Authority aforefaid. That where any Sa-t brought. Suit fhall be brought againit any Perfon for voting, not being a Freeholder, the bJon^th^o'V'* Otius Probandi fhall be on the Defendant. §^ of any County, or in his Abfence the Under-Shenff, fliall refufe to take the Poll, cri;'Tr,\*^.\alv! or take it in any other Manner than is herein direfted, or fhall refufe or negledl to ^'^ give a Copy of the Poll as aforefaid, within Ten Days after fuch Elcftion, %i- fhall not regularly and in Time return the Writ of Election, or fhall make a falfe Return thereof, every fuch Sheriff or Under-Sheriff as aforefaid offending herein, or in any of thefe Cafes refpeftively, fhall forfeit and pay the Sum of Fifty Pounds, Procla- mation Money ; one Moiety to his Majefly, his Heirs and SucceiTors, for and to- wards defraying the contingent Charges of Government, and the other Moiety thereof to him or them that will fuc for the fame; to be recovered with Cofls, in any of the Superior Courts of Pleas and Grand Seffions of this Province, bv Aftion of Debt J wherein no Effoin, Injundlion, Privilege, or Wager of Law,' fhall be allov/ed. li AND 250 L A IV S of North-Carolina. ji. D. 1760. XII. P ROFIDED always. That the Eleftions of Members for the feveral Towns in this Province to fit and vote in the General Aflembly, and the Qualifica- tions of the Candidates, and Voters for Members to reprefent the faid Towns, fhall be as prefcribed by the feveral Ads of Aflembly of this Province in fuch Cafes made and provided j any Thing in this A6t contained, to the contrary, notwithftanding. EleOions for Towns to be ac- cording to Ir" -"^ and Miftrefles of Families, and Overfeers of Plantations, within his Diftrid : And in Cafe any Conftable Ihall die, remove, or be any-wife rendered incapable of ferv- ing in his Office, the Magiftrate of fuch Diftrid is hereby required to appoint and qualify another Perfon to act as a Conftable to ferve in fuch Diftrid, until the Time appointed by Law for appointing Conftables ; v/hich Conftable, lb appointed, fhall be under the like Rules and Penalties as the former Conftable. IV". AND be it further Ena5!ed^ by the Authority aforefaid. That each Conftable p=" "" Cnda. negleding to fummon the Mafter, Miftrefs, or Overfeer, as aforefaid, or negleding fum^ot'^'"^ " to return fuch Lift as is herein before direded, ftiall forfeit and pay the Sum of Five Pounds, Proclamation Money, for each and every Negled j to be recovered and applied as is by this Ad direded. V. AND he it further EnaHed^ by the Authority aforefaid^ That the Court of M/igiOrates ap- each and every refpedive County ftiall, at the fame Court they appoint Conftables, Dftria/w "ke appoint one Magiftrate for each Diftrid to take and receive the Lift of Taxables ^'"= ^ "'• for fuch Diftrid ; v/hich Juftice fo appointed is hereby required and direded to receive, upon Oath, from all Perfons that are liable that ft.all offer to inlift, being Inhabitants of fuch Diftrid, and ftiall make a Lift of all fuch, and fhall compare the fame with the Conftable's Lift returned to him, and if it ftiall appear that any Perfon or Perfons within his Diftrid that ought to inlift him or herfelf according to the Diredion of this Ad, hath failed fo to do, or that the Conftable hath failed to fummon any fuch Perfon or Perfons, fuch Juftice ftxall report the fame to the fe- cond Court to be held for fuch County after the Firft Day of May^ and alfo ftiall return to the faid Court the Conftable's Lift, and the Lift of Taxables by him fo taken, that all fuch Perfon or Peribns as have failed in their Duty may be profe- cuted ; and fuch Juftice ftiall fet forth in his Lift the Names of every Mafter or Miftre's of Families, and, Overfeers of Plantations of which there is no Mafter or Miftrefs in the County, the Name and Sex of each Taxable Perlon, whether white or black, bond or free, and diftinguiftiing fuch Male Slaves as are Sixteen Years old and upwards, VI. PRO V ID E D alivays. That in Cafe no Juftice ftiall prefide v.'ithin any Nojuoice in the fuch Diftrid, the Court ftiall and may appoint another or other of the Juftices of ^^''"'^;,"j'j''/''''° the County as ftiall be moft convenient to ferve for fuch Diftrid or Diftrids. VII. PROVIDED alfo. That in Cafe any Juftice or Juftices Ihall die, p,„,j^,, ;,cafe remove, or be any- ways rendered incapable to ferve in his Office, the Chairman ofD..iih, &c. ftiall and may, by his Warrant, appoint feme other Juftice of faid Court in the. Room of any fuch Juftice or Juftices fo dying, removing, or any-wife rendered incapable; which Juftice, fo aj^pointed, ftiall ad under the like Rules and Penalties of the former Juftice. VIII. AND be it further Enabled, by the Authority aforefaid. That in Cafe Pen. r,n Courts any Court within this Province ftiall negkd to appoint one Conftable to fummons, p',fnj''c"nftabie'''' and one Juftice to receive the Lift of Taxables in each and every Diftrid within their &f. refpe6tive Counties, according to the Diredions of this Ad, the Juftices of fuch Court ftiall forfeit and pay the Sum of One Plundred Pounds, Proclamation Money, for each and every Neglect , to be recovered and applied as other Fines by this Act directed. IX. AND be it further EnaHed, by the Authority aforefaid. That every Mafter, P*n. on Perfons Miftrefs, or Overfeer, being fummoned, alfo every Mafter, Miftrefs, or Overfeer, tTxS".^ '''"' as through Miftake may not be fummaoned, that fliall neglect to appear and give in his or her Lift ot Taxables, according to the Directions of this Act, Ten Days be- fore the Second Court to be held for his County after the Firft Day of May, ftiall I i 2 forfeit 252 L A JV S of North-Carolina. A. D. 1760. forfeit and pay the Sum of Forty Shillings, Proclamation Money, for each and every Taxable he or fhe ought to have inlifted ; to be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record having Cognizance thereof, by any Perfon who fhall fue for the fame •, one Half whereof to the Profecutor, the, other Half to our Sovereign Lord the King, for the Ufe of the County where the Forfeiture fhall arife, to be applied by the Court of the faid County towards lefTening the Tax of the faid County. X. AND be it further Enabled, by the Authority aforefaid^ That every free Perfon coming into any County in this Province to refide, on or before the F'irft Day of May, yearly, fhall be liable to inlifl and pay Taxes, unlels fuch Perfon fhall prouuce a Receipt that he, flie, or they, have paid Taxes for that Year in fome other County or Province, under the like Rules and Penalties as is by this Act before directed : And every Perfon or Perfohs that have the Care or Management of any Orphan's f ,r the T.ixibies Eftatc, or of any taxable Perfon thereunto belonging, are hereby declared to be of thdr Ward. ^^jjg^^ ^^ jj-,lifl- ^^d pay for all luch Taxables as belong to fuch Eflate ; and all Per- fons that fhall let out on Hire any taxable Pei-fon or Perfons, fliall inlift and pay for every fuch Taxable in the County where fuch Perfon fo letttn on Flire doth re- fide, under the like Rules and Penalties as is by this Act before directed j any Ulage or Cuftom, to the contrary, notwithftanding. Perfons coming into any Cunty before the ift of May, to pay Tixes there. Guardians to pay Perfons having no Home, to pro- cure fome Hoiife- Keiper to iniift them, Idle Perfons com- pelled to pay Taxes. XI. AND he it further Enabled, hy the Authority aforefaid. That every Perfon or Perfons, refident within this Province at the Time Taxables are by Law to be in- lifted, who have no Home or Dwelling of his or their own in fuch County, fhall, and are hereby required, to procure fome Houle-Keeper to lift him or them, under the fame Penalties and Forfeitures as by Law are inflicted on Maflers of Families neglecting to give in their feveral Lifts. XII. AND whereas many idle Perfons within this Province, having no Home or Dwelling of their own, and neglecting to procure fome Hou e-Keeper to lift him or them, and fuch Perfons having no vifible Eftate, whereby the Fines and Forfei- tures impofed by this Aft cannot be recovered and colleded from them, or Eftate fufHcient for the Sheriff to make Diftrefs for the Levies as aforefaid : Therefore, to compell fuch Perfons to procure fome Houfe-Keeper to inlift him or them, or to provide, by an honeft Induftry, to pay the Levies and Taxes annually aforefaid ; XIII. W E pray that it may be Enaded, And he it Ena£feJ, by the Authority aforefaid. That from and after the pafilng of this Aft, if any fuch Perfon as afore- faid, in any County within this Province, fhall refuie or negleft to procure fom.e Houfe-Keeper to lift him as a Taxable, or fliall neglect to pay his Levies to the proper Officer who ought to receive the fame, at the Times when fuch Levies are to be by Law paid and collected, the Sherilf of the County where fuch Perfon ought to have inlifted, or procured fome Houfe-Keeper to inlift him, fhall make Diftrefs on the Goods and Chattels of fuch Perfon, if any to be found within his faid County ; and if there is no Goods nor Chattels of fuch Perfon to be found in fuch County, the Sheriff" ftiall apply to fome Magiftrate within his faid County, and make Oath that fuch Perfon as aforefaid hath no Goods or Chatties within the faid County whereupon he can make Diftrefs -, and fuch Juftice fhall illuc his Warrant ao-ainft any fuch Perfon as aforefaid : And fuch Sherift" is hereby ordered and di- rected to take the Body of fuch Perfon, and commit him to the Public Gaol of the faid County,- there to remain without Bail or Mainprize for one Month, unlefs fome Perfon will fooner procure his faid Levies, and Fees of Imprifonment, to be paid ; and fuch Perfon being fo committed, fliall not have the Bcnefrt of the Act of Af- fembly, intituled. An Ail [or the Relief ^ cf pcor Debtors, as to the Imprifonment of their i'erfons •, but fhall, at the p:xpiration of the fiid Month, be by the Sheriff foVJ for his faid Levies and Prifon Fees at Public Vendue, to fuch Perfon wh,o for the jfhorteft Time, of Service will pay the fame; and fuch Perfon fo ibid fhall, during his faid "Service, be liable to the fame Pains and Penalties that indented Servants are LAWS of North-Carolina. '53 are liable to by an Act of Affembly of this Province, intituled, Jn ASi concerning A. D. iy66. Servants and Slaves. w^-v"—*^ XIV. A ND be it further Enacteti, by the Authority aforefaid. That if any Juftice P'" on ju«;ces or Juftices, appointed by the Court, or Chairman of iuch Court as alorefaid, Ihail "ui^n'the'^r Lift?" neglect to receive and return his and the Conftable's Lift as is by this Act directed, every fuch Juftice fo neglecting, fhall forfeit and pay the Sum of Five Pounds, Proclamation Money, for each and every Neglect j to be recovered and applied as other Fines by this Act directed. XV. AND be it further EnaHed, That the Clerk of each and every Inferior cietk to make Court fliall, within One Month next after the itveral Lifts of Taxables ftiail be re- "bU''*" "^ '^''" turned by the Juftices into Court, tranimit one atteftcd Copy of fuch Lift, alpha- betically digefted, yearly, to the Sheriff of his County, one attcfted Copy to the Court, one artefted Copy to the Vcftry, one attefted Copy to the Treafurtr, and, alfo ftlxU affix one Copy in the Court-Houfe of his County, and keep the fame con- ftantly fet up, that all Perfons may have an Opportunity to pcruje and examine the lame, under the Penalty of Twenty Pounds for each and every Neglect; to be re- covered and applied as other Fines by this Act directed. XVI. AN D he it further Ena^ed, That the Juftices of the feveral Inferior To be allowed Conrts are hereby impowered and diredled to allow and pay unto the Clerk, out of ^'^ '^^ ''""^* the County Tax, iuch reafonable Allowance as they fliail think luincicnt for the Service as afore-mentioned dircded to be done by him. hej tbeU XVII. AND be it further Enacled^ That when any Perfon fliall have obtained ^i^-^^ff^ f ?■ a CommilTion for the Office of Sheriff ot any CoUnty, he fhali, before he be ad- e^^er ""orth. mitted to take the Oath of a Sheriff, or enter upon the Execution of his Office, ""i^"' enter into Bond, with fufficient Security, as is direded by an Ad of Affembly, intituled, An del for appointing Sheriffs^ and directing their Duty in Office ; and for compelling Collectors of Public Taxes, and Perfons intrujied with laying out Public Money ^ to apply and account for the fame : And if any Sheriff fhali prefume to enter on the Execu:ion of his Office before he fl:iall give iuch Bond, he Ihall forfeit and pay the Sum of Five Hundred Pounds, Proclamation Money; to be recovered by Adion of Debt, Bill, Plaint, of Information, in the Superiour Court of the Diilrid where fuch S'K-riff fhall reftde, by him that fhall fue for the fame ; the one Half to the Prolecutor, the other Half to our Sovereign Lord the King, for the Ufc of the Public, and fhall be applied by the Governor, Council, and Affembly, towards defraying the contingent Charges of Government. XVIII. AND be it further Enacted, That if any Inferior Court within this P<-n. on juftices Province ffiall fail or negled to take iiich Bond, the Juftices then fitting ihall forfeit "J.^t2 Bond. and pay the Sum of Five Hundred Pounds, Procla.ijation Money ; to be recovered and applied as the Fine herein laft belore-mentioned. XIX. AND whereas Sheriffs, and other Colicdors of Taxes, have difcovered T.'xesnot nfled, fome Taxables not inlifted, and have demanded and received the Taxes from them, [L PubiK.'"^ *** and retained the fame to their own Ufe ; Be it therefore EnaEfed, by the Author ty aforefaid. That all Sheriffs, and Colledors of Taxes, fhall hereafter account, on Oath, for all iuch Taxes and Levies by them, or their Deputy or Deputies, received, to the refpedive Treafurer, Inferior Court, or Veftry, as the Cale may be ; which ■fhall be applied to the Uie of the Public, County, or Parifh, accordingly, under the Penalty o\ One Hundred Pounds, Proclamation Money ; to be recovered and applied as other Fines in this Act directed. XX. AND be it further Enabled, by the Authority aforefaid. That if any Sheriff sheriff, negieft. iliall neglect or refufe to account for and pay the feveral County Taxes that have TLe!\w''^^' been, or hereafter ihall be affcilLd on the taxable Perfons of the County whereof he mjrgivc'y'is- IS them, 254 LAWS of North-Carolina. Sheriff to delivfr an Account of Public Monies to the Tieafurtr. is Sheriff, and wherewith he fhall be chargeable, according to the Directions of the Laws of this Province, after deducting his CommifTions allowed him, and the feveral Sums charcreable to Perfons who have no vifible Eftate in luch Counties, it fhall and may be lawful for the Superior Court of the Diftrict where fuch Sheriff lliall live, either before, or at any Time after the Expiration of his faid Office, on Motion of the Chairman of fuch Inferior Court, to give Judgment againft fuch Sheriff for all the Money wherewith he fhall or may be chargeable to the County, with Cofls, and thereupon to award Execution againft the Goods and Chattels, Lands and Tene- ments, of fuch Sheriff; provided always, the Sheriff fhall have Ten Days previous Notice of fuch Motion, juftices to pro. XXI. AND k it further EnaSfed^ ly the Authority aforefaid. That the Juftices of Bookf "fo'/ the each and every County fhall purchafe, at the Expence of the fame, well bound County. Books, for keeping therein a fair Record, in v;hich fhall be, by the Clerk of fuch County Court, yearly, fairly flated, all Accounts relating to the Charge and Ex- pence of all Monies collected and received for the Ufe of fuch County -, as alfo an Account of the Number of Taxables in each Diftrict, as returned by the feveral Ma- giftrates thereof; and an Account of all fuch Perfons as fhall be difcovered to have failed to inlift within fuch Diftrict ; and an Account of all the Mafters, Miftreffts, and Overfeers, in each Diftrict, as returned by the feveral Conftablcs of fuch County; under the Penalty of Twenty Poun.^s, Proclamation Money, to be recovered and applied as other Fines by this Act directed ; for which faid Services the Clerk fhall be allowed by the Juftices, out of the County Tax, all Sum or Sums of Money as they fhall think adequate for fuch Services, XXII. AND be it further EnaEfed^ ly the Authority aforefaid. That every She- riff and every Collector of Public Duties, fhall, at his Settlement with the Treafurer of his Diftrict, deliver his Account, figned and proved, of all the Monies he hatii received, payable to luch Treafurer, for the Ufe of the Public; which Accounts fuch Treafurer fhall produce as a Voucher for the Money by him received, in order to fettle with the Affcmbly ; under the Penalty of Five Hundred Pounds Procla- mation Money ; to be recovered and applied as other Fines by this Ad direded. XXIII. AND whereas by the Laws now in Force, the Juftices of every County Court, when they fettle with their refpedive Sheriffs, are impowered to' make the faid Sheriffs an Allowance for fuch Perfons as have no vifible Eftate, and an attefted Copy of fuch Allowance or Settlement may be given in Evidence when fuch Sheriffs are fued by the Public Treafurer for the Public Taxes ; which Pow- er in feveral Inftances, has been abufed : For Remedy whereof; Be it further Ena5fed^ by the Authority afcrefnid^ That from and after the paffing of this Aft, no County Court ftiall make fuch Allowance for Infolvents, nor give any Certificate for the fame, unlefs there fhall be Five or more Juftices in Court at making fuch Allowance, who fhall all fign the Certificate for the lame. XXIV. AND whereas the feveral Public, County, and Parifh Taxes, are not direfled to be paid at one and the fame Time, whereby feveral Sheriffs, when they have diftrained for faid Taxes, have taken Fees for Diftrefs on each Tax : For Remedy whereof, Be it Enacted, and it is hereby Enacted^ That after the paffing this Aft if any Perfon or Perfons fhall fail to pay the Public, County, and Parifh Tax'es on or before the Tenth Day of March, yearly, the Sheriff fhall and may make Diftrefs on fuch Perfon or Perfons fo failing as aforefaid for the whole Amount of fuch Taxes in one Sum, for which Diftrefs he fhall and may take Two Shillings and Eight Pence, and no more ; any Law, Ufage, or Cuftom, to the contrary, notwithftanding. XXV. AND be it further Enabled, by the Authority aforefaid. That the feveral Forfeitures and Penalties by this Aft infiifted, for which no Method of Recovery or Application is herein btfore direfted, fhall and may be recovered, with Colls, before Five Juftices to be ptelent, when Sheriffs Accounts are lettltd. Taxes vhen t9 be paid. Penalties how re- covered. LAWS of North-Carolina. y:) before any Jurifdiction having Cognizance thereof; one Half to the Ufe of the ^- -0. i7(:;o. Profeciitor, and the other Half to the Ufe of our Sovereign Lord the King, for the ^"' '^ "^ Ufe of the County wherein fuch Penalty fhall be incurred, and applied by the Juf- tices towards lelTening the County Tax. XXVI. AND he it further Enabled, ly the Authority nforefaid. That all and Repeai;ngciaufe. every other Aft and Ads, and every Claufe and Article thereof, for lb much as relates to any Matter or Thing within the Purview of this Ad, from henceforth fhall be repealed and made void. C ti A P. III. An A5i for erecting the upper Part 0/ Beaufort County into a County and Parijlo^ hy the Name of Pitt County^ and St. Michael'j Parijh; and for adjourning the Court from the Court-Houfe on the Land of Thomas Bonner, to the Court-Houje in Bath Town ; and other Purpofes therein-mentioned. I. T T 7 FI E R E A S the large Extent of the County of Beaufort renders it Private. Yy grievous and burthenlome to the Inhabitants thereof to attend the Courts, General Mufters, and other Public Meetings appointed therein j II. BE it therefore Enacted, by the Governor, Council, and AJfemhly, and hy the '''" ^"""'y «■ Authority of the fame. That from and after the Firft Day of January next, the upper Part of the faid County of Beaufort, beginning at the Line between the faid County and Tyrrel, running South South Well to Cherrfs, Run, where the main Road croiTes the faid Run ; thfnce down the faid Run to Tranter's Creek ; thence down the faid Creek to Pamplico River ; thence down the faid River to the Fork Pointy on the South Side of the faid River •, thence up the Chocovoinity Bay and Creek to the Head thereof; thence South South Weft to the dividing Line of the faid County and Craven -, thence along the dividing Lines of Craven, Dobbs, Edgcomb, and Tyr- rel; fo that all that Part o( Beaufort County to the Weftward of Cherrfs Run, Chocowinity Bay and Creek, fhall, and is hereby declared to be a feparate County and Parifh, and fhall be called and known by the Name of Pitt County, and St. Michaels Parifli, with all and every the Rights, Privileges, Benefits, and Advan- tages, whatfoever, which any other County or Parifh withm this Province can, fliall, or may lawfully hold, ufe, or enjoy. III. AND for the due Adminiflration of Tuflice within the faid County, Be it ?""^"* p°"''- ** - - - •" held at Bath. further Ena^ed, hy the Authority aforefaid. That after the faid Firfl Day oi January, a Court for the faid County of Beaufort be conflantly held by the Juflices thereof at the Court-Houfe in Bath Town, upon the Days and Times by Law appointed for holding Courts in Beaufort County ; any Law, Ufage, or Cuftom, to the con- trary, notwithflanding. IV. AN D be it further Enaofed, by the Authority aforefaid. That John Hardy, John Simpfon, William Spcir, George Moy, and Ifaac Buck, are hereby appointed CommifTioners ; and they, or the Majority of them, are hereby required, within Six Months after the palTing of this Ad, to agree and contrad with Workmen for the building and ereding a fuitable Court-Houfe, Prifon, Pillory, and Stocks, for the Ufe of the faid County of Pitt, on the Land of Mr. John Hardy, on the South Side of Tar River, near the Chapel known by the Name of Hardy's Chapel. V. AND be it further Enacted, by the Authority aforefaid. That a Poll-Tax of Two Shillings, Proclamation Money, fhall be levied on each taxable Perfon within the faid County of Pitt for Two Years ; which Tax fhall, on or before the Tenth Day of June, which fhall be in the Year of our Lord One Thoufaud Seven Flun- dred and Sixty One, and Sixty Two, be paid to the Sheriff of the faid County. VI. AN 3 Comm'ffiinfri fi r build ng PUt Court- Huule. 256 LAWS of North-Carolina. A. b. 1760. D.Hrefs may be made for n'n. Hayment of the Tax. Sher'ff to account with' the Com- miffioners. VI. AND be it further Ena5fed, by the Authority aforefaid. That all Ferfons in the faid County neglecting to pay the faid Tax, until the Tenth Day of March in each of the aforefaid Years, to the Sheriff as aforefaid, fhall be liable thereafter to the fame Diflrefs as for Non-Payment of other Taxes ; and the Sherifi'of the faid Coun- ty fhall, and is hereby required and directed, on or before the Tenth Day of June in each Year, to account, upon Oath, and pay to the faid CommifTioners, the Survi- vors or Survivor, or the Majority of them, the Money which by Virtue of this Act he hath received, after deducting Six jD^rQ;?/. for Collecting the fame, undet tlie Penalty of Two Hundred Pounds, Proclamation Money, to be recovered by the faid CommifTionc-rs, the Survivor- or survivor of them, by Action of Debt, with Cofts, in the Superior Couit in the Diftrict to which the faid County belongs. Surplus appropri- ated. Court Days jl- tereH, tiy Aft 1768, Chap. *. Juftices impow- cred to hold a Court, Sheriff of Bna- fort to diftrain for T.ixt:s, as be- fore the Divilion. Pitt P. Jurors to be fent. VIL P ROVIDED neverthelefs. That if the Money fo to be collected and paid by the SherifT of the County of Pitt, to the aforefaid CommifTioners, fhall amount to more than the Sum by them contracted to be paid for the erecting the faid Buildings, they fliaii accuuit for and pay the Overplus thereof to the juiliices of \.\\'t faid Inferior Court of Pitt, which by them fhall be applied towards deiVfiy- ing the Contingent Charges of the laid County. VIII. AND be it further Enabled, by the Authority aforefaid. That a Court for the County of Pitt fliail be held Qiiarte-ly on the laft luefdays in the Months of February, May, Aw/^i/i, and November, whicii laid Court fhall be held by a Commif- fion to the JuitiCes, in tht lame Manner, and un .er the fame Rules and Reflrictions, and fhall have and exercile liie fame Power and Jurifdiflion, as pccfcribed for other Inferior Courts of Pleas and Quarter Seffions withm this Province. IX. AND be it further EnaHed, by the Authority aforefaid. That the JufticeS to be appointed for the Inttrit)r C ourt or Pleac and Qtiartcr SefTigns for the faid County of Pitt fhall, and they are hereby authorized and impowcred, to held a Court for the faid County of Pitt, on the Days before mentioned, at the Houfe of Mr. John Hardy, until there fhall be a Court-Houfe built for the faid County ; at which Time the faiJ Jullices are hereby required to a journ the faid Court from the Houfe of the faid John Hardy ^ to the Court-Houfe to be built for the faid County. X. AND be it further EnaSfed, by the Authority aforefaid. That nothing herein contained fliall be conftrued to debar the Sheriff of the aforefaid County of Beaufort, as the fame now flands undivided, to make Diftrefs for any Taxes, Levies, Fees, or other Dues, that are now, or fhall be cue from the Inhabitants of the faid County for the Year of our Lord One Thoufand Seven Hundred and Sixty, or before, but that he may make Diftrefs in the fame Manner as by Lr.w the faid She- riff could or might have done if the faid County had remained undivided : And the faid Levies^ Fees, and other Dues, fhall be collefted and accounted for in the fame Manner as if this Av5t had never been m.ade ; any Thing herein contained, to the contrary, noLwithftanding. XI. AND be it further Enacted, by the Authority afcfefaid. That after the faid Firfl Day of January the laid County of Pitt fhall be, continue, and remain Part of the Diftridt of the Superior Court of Pleas and Grand SefTions to be held for the Counties of Cr^w;;, Carteret, Beaufort, Hyde, and Dobhs-, and the Jufticesof the Court of the faid Counties oi Beaufort and Pitt fhall, and they are hereby direfted, before fuch Superior Court, to nominate Six Freeholders to ferve as Grand and Petit Jurors at fuch Superior Court; a Lift of which Jurors, fo nominated, fhall be de- iivered by the Clerks of each of the faid Counties to the Sheriff, who fhall, and is hereby required, to fummons the Perfons fo nominated to ferve as Jurymen at the Superior Court : And in Cafe any of the Jurymen fhall, when nominated and fum- moned as aforefaid, fail to appear at the faid Superior Court, they fhall be under the fame Rules, Fines, and Regulations, as other Jurymen are by Virtue of one A61 of Affembly, paffed in Newbern in the Year of our Lord One Thoufand Seven Hundred LAWS of North-Carolina. 257 Hundred and Sixty, intituled, An Act direetin^ the Method of appointing Jwynen in ^. ^- 1760 all Causes criminal and civil \ and the Sheriff of the faid County of Pitt lliall, from shTffim^n Time to Time, account for and pay to the PubHc Treafurer for the Southern Dil'- wi'h thl'wh. trict of this Province for the Time being, all Public I9<>XKXXX>00 X NO Cape-Fear Church LOTTERY. 8 >( THIS Ticket indtles the Bearer to whatever> ^-/December 1760. Q And on the Twenty-firft Day of April next, at the Court Houfe in Wilmington, flaall begin the Drawing of the faid Lottery, if a fufficient Number of Tickets Ihall by that Time be difpoled of; and the Calculation of the Chances Ihall be as follows : One Prize of £. Two Prizes of Two Prizes of Ten Prizes of Two Hundred and Five Prizes of Firft drawn Laft drawn Form of the Tic kec. 400 IS £■ 400 100 IS 200 50 IS 100 20 IS 200 10 is 2050 25 25 3000 Number and Va- lue cf Prizes, brie Thoufand Tickets at £• 3 is I. 3000 lit. AND be it further EnaEled, by the Authority aforefaid. That it fhall and may Managers to giv, be lawful for the faid Managers to deduct, out of the Amount of every Prize, ^'^^^' Fifteen per Cent, to be applied as hereafter mentijned : But before any Ticket Ihall be ifiTucd, the faid Managers fhall give Bond, payable to his Excellency the Gover- nor, and his Succeflbrs, in the Penalty of Three Thoufand Pounds, Proclamadon Money, with Condition, for their faithful Difcharge of the Truft rcpofed in them by this Act ; which Bond lliall be recorded in the Superior or Inferior Court at WtU mington, and any Perfon injured may haye Judgment thereon againft the Managers. IV. AND be it further Enacted, That the faid Managers fliall, before they And take enter on the Execution of their Office, before any Jufcice of the Peace for the County of New-Hanover, take the following Oath, viz. I A. B. do folenmly finsar, that 1 will faithfully execute the Office of Manager to the Thi. Oath. Cape- Fear Church Lottery, according to the Directions of the Act of Ajfembly in. that Cafe made and -provided. SO HELP ME GOD. V. AND for the more ready Sale of the faid Tickets, Be it EnaEled, by the Authority aforefaid. That the Managers, on Dilpofal of any of the faid Tickets, may '^u'i'^tJ^'^, take Notes from the Purchaf>;r, with Security, in the following Form : We, A. and^. do jointly and fever ally promife to fay to the Managers of the Cape- Fear Church Lottery., or their Ajfigns, the Sum of Three Pounds^ Proclamation Money, K k 0! ^..:.l:.. 'ni'iti^in 26< LAWS of Nokth-Carolina. wf. D. 1760. ivithin Two Month after the drawing the /aid Lottery, for Value received by a Ticket •^ - " ' therein, bought by A. Witnefs our Hands , the Day of 176 Which Note fliall be^ and is hereby declared to be valid againft the Subfcribers, their, and each of their Perfons and Eftates ; and the Managers iliall be intitled to demand and receive the Sum within mentioned from the Subfcribers ; and on Neg- ledt or Refufal of Payment, the Time limited for Payment being expired, may^ en Application to any Two Magiftrates, obtain a Warrant, and, on Judgment, have Execution thereon for the fame againft Body or Goods ; which Judgment and E.x^ ecution the faid Magiftrates are hereby authorifed and impowered to grant, in the fame Manner as they may in other Matters under the Value of Forty Shillings, by the Laws in this Province now in Force ; ana the ufual Fees may be taken thereon. Tickets on Ac- count of the Churches, and Sa- ti.fadion to the Minsgers. Monies apprnpri- ated to building the Churches* VI. ANp be it Enabled, That the faid Managers may take One Hundred and Thirty-three Tickets, for, and on Behalf of the Churches-, which faid Tickets ftiall ftand as Part of the Fifteen />^r Cent, by this A6t to be deduced ; and the faid Managers may alfo take Fifty-one Pounds, Proclamation Money, or Notes to that Amount, as a Satisfaction to themfelves for keeping the Accounts, drawing the Lottery, and the whole Charge thereof. VII. AND whereas the finifhing the building of the faid Two Churches will Be greatlv expedited, provided the Money arifing by the Sale of the Slaves, and other Effeds faved out of the Wreck of the Spanifo Privateer that blew Up before Brunfwick, in the Year One Thoufand Seven Hundred and Forty-eight, and is now in private Hands, unapplied to any public Ufe, might be appropriated to the compleating the faid Two Churches •, Be it Enatted., by the Authority aforefaid. That the Slaves, and other EfTefts, faved out of the Spanifh Wreck as aforefaid, or taken from the Spaniards at the Time of their Invafion, not already fold ; as alfo the Money arifing by the Sale of thofe which have been fold, after deducting the Expences of fuch Sales, ftiall be applied towards the compleating the building the faid Two Churches, in Manner following ; that is to fay. Two Third Parts of the Nett Proceeds towards finiftiing the Church at Brunfivick ; and the other Third Part towards finiftiing the Churcii at fFumington, and to no other Ufe or Purpofe whatfoever, VIII. ANi) he it further Enacted., by the Authority aforefaid., That the Commif- fioners, by Law appointed, for buil ing and finifhing the faid Churches, ftiall have full Power and Authority to afk for, demand, and receive, of and from each and every Perfon or Perfons in whofe Poflefiion any of the Slaves, Money, or other Eff^efts, faved or arifing by the Sale of the Effects taken as aforefaid, and from their Heirs, Executors, and Adminiftrators -, and, upon Refufal, to fue for and recover the fame, by Action upon the Cafe, in any Court of Record in this Province, Re- fpect being had to their Jurifdiction ; wherein no Plea of the Act of Limitation of Actions, ftiall be allowed or admitted of. IX. AND the better to enable the faid Commiflioners to difcover in whofe Poffeflion the faid Efi^ects now are ; Be it further Enacted, That each and every Perfon or Perfons who have in Poflefiion any of the Books and Papers relating to the faid Effects, fliall, upon Demand, deliver to the faid Commiflioners all fuch Books and Papers, under the Penalty of Two Hundred Pounds, Proclamation Money •, to be recovered in Manner aforefaid, and applied towards the finiftiing the faid Two Churches as aforefaid. Mon-ej to be laid ' X. ANT) be it further EnaHed, by the Authority aforefaid. That the Commifllo- Chu^di«' ^^^^ °f ^^"^^ refpective Churches, iliall, upon Receipt of their Proportion of the Money as aforefaid, lay out the fame to the beft Advantage in Work hereafter to be done on the faid Churches, and fliall not be allowed any Commifiions thereon. eomn)i{Suner« impowered to fue Pc!ln^aents« Book« and Papers to be delivered to the CommiiTion ers. CHAP. L A V/ S o/' North-Carolina. 261 CHAP. IX. A. D. 1760. An ASi for ejiablijhing a Town on the Lands of Jofeph Howell, on Tar River; I. T'wrHEREAS it hath been reprefented to this Afiembly, that the Land P"»af« VV °^ J'^fP'^ Howell, lying on the South Side of Tar River, in Edgcomb Coun- ty, is a healthy pleafant Situation, well watered, and commodious for Trade and Commerce •, and James Moir, Lawrence Tool, /Iquila Sugg, Elifha Battle, and Ben- janin Hart, have contrafleJ with the faid Jofeph Howell, for the Purchafe of One Hundred and Fifty Acres of the faid Land, and have accepted and taken a Deed of Feeoffment for the aforefaid One Hundred and Fifty Acres from the faid Jofeph Howell, and caufed the fame to be laid off in Lots and Streets, and alfo a Pare thereof for a Common for the Ufe oi the faid Town, and have fold a great Num- ber of the faid Lots of Half an Acre each to fundry Perfons, who are defirous that a Town fhould be eftabliflied thereon, for promoting the Trade and Navigation of the faid River : II. B E it therefore Enacted, hy the Governor, Council, and AffemUy, and hy the Tatborcugh e- Authority of the fame. That the faid One Hundred and F'ifty Acres of Land fo laid ""''^' Off by the Truftees or CommilTiuners as aforefaid, be, and the lame is hereby con- Hituted, ereded, and eftablilhed a Town, and fliall be called by the Name of Tarborough, III. AND he it further Enacted, by the Authority aforefaid. Thai James Moir, Direaorsap. Lawrence Tool, Aquila Sugg, Elifja Battle, and Benjamin Hart, be, and they, and p"'"""*- every of them, are hereby conflilluted Di; eftors and Truftees, for defigning, build- ing, and carrying on the faid Town -, and they fhall ftand feized of an indefeafible Eitate, in Fee, in the faid One Hundred and Fifty Aci-es of Land, to and for the Tjfes, Intents, and Pufpofes, hereby expreflcd and declared ; and they, or the Ma- jority of them, fhall have full Power and Authority to meet, as often as they fhall think neceffary, and to appoint a Public Qiiay, and fuch Place on the faid River for a Public Landing, as to them fhall feem convenient; and Caufe the Plan of the faid To\Vn as laid off by the faid James Moir, Lawrence Tool, Aquila Sugg, ElifJja Battle, and Benjamin Hart, to be recorded, and filed among the Records of the Court of the County of Edgcomb, Lr^ts. IV, AND whereas Subfcriptions have already been made for one Hundred Direflors to exp- and Twenty-one Lots already laid off in the faid Town, and the fame drawn for '"" °"''' '"' by the feveral Sublcribers or their Agents ; Be it therefore Enacted, by the Authority afc-efaid. That the faid Directors, or the Majority of them, fliall make and exe- cute Deeds for granting and Conveying the faid One Hundred and Twenty-one Lots to the Sublcribers, their Heirs and AlTigns for ever -, and alfo to every other Perfon who fliall purchale dny other Lot or Lots in the faid Town, at the Cofts and Charges of the Grantee to whom the fame fliall be conveyed ; and every Per- fon claiming any Lot or Lots by Virtue of any fuch Conveyance, fhall and may hold the fame in Fee-Simple, Lots. V. PROVIDED neverthelefs. That every Grantee of any Lot or Lots in the Time cf fiving faid Town fo conveyed, or hereafter to be conveyed, fhall, within Three Years next after the Date of the Conveyance for the fame, ereft, build, and finifh, on each Lot fo conveyed, one well framed Houfe, Sixteen Feet iquare at the leaft, and Ten Feet high in the Clear, with Brick or Stone Chimney or Chimnies, or proportionable to luch Dimenfions, if fuch Grantee fliaJl have Two or more Lots contiguous •, and if the Owner of any Lot fhall fail to purfue and comply v/ith the Directions in this Aft prefcribed for building and finifhing a Houfe thereon, then fuch Lot upon which fuch Houfe fhall not be built and finifhcd, fhall be reveftcd in the faid Direftors ; and they, or the Majority of them, may, and are hereby im- powered and authorized, to fell fuc'i Lot for the bell Price that can be had, to any Perfos 262 LAWS of North-Carolina. A. D. 1760. Perfon applying for the fame, in fuch Manner, and under fuch Reftriftions, as they ^'""W^"^ could or might have done if fuch Lot had not before been fold or granted : And the Money arifing by fuch Sale to be applied as the Diredors, or the Majority of them, fhall think proper, for the Ufe ot the Town. fXfrepfa"^'; VI. AND for continuing the Succeffion of the faid Directors until the faid Town be incorporated. Be it further Enacted, by the Authority aforefaid. That in Cafe of the Deaths Refufal to act, or Removal out of the County, of any of the faid Directors, the furviving or other Directors, or the Majority of them, rtiall af- femble, and are hereby impowered, from Time to Time, by Inftrument of Writing under their refpective Hands and Seals, to nominate fome other Perfon, being an Inhabitant or Freeholder in the faid Town, in the Place of him fo dying, refufing to act, or removing out of the Country -, which new Director fo nominated and appointed, fhall, from thenceforth, have the like Power and Authority in all Things in the Matters herein contained, as if he had been exprefsly named and appointed in and by this Act. CHAP. X. An Act to amend an Act, intituled. An Act for the better Regulation of the Town of Newbern, and for fecuring the Titles of Perfons who hold Lots in the faid Town, pajfed the Thirtieth Day of September, One Thoufand Seven Hundred and Fifty Six. Piivate. J T T 7 H E R E A S by the before recited A£t the Freeholders of the faid Town y y have Liberty annually, on the Second Tuefday in November, to meet at the Court-Houfe, then and there to ele6l and choofc Five. Freeholders of the faid Town to be Commiflioners for the fame, but no Directions to the Sheriff, or any other Perfon, to open the Poll, or receive the Votes for eledling fuch Commiffion- ers ; and the fame hath been negledled or refufed by the Sheriff, on the Day ap- pointed as aforefaid for elefting Commiffioners for the enfuing Year, whereby the Town is at prefent without CommifTioners, to the great Detriment thereof: Where- fore, fhep!iiforEic'c! II- B E it Enacted, by the Governor, Councik and AJfembly, and by the Authority of com.-nif- of the fame. That the Sheriff of Cr^w« County, or his Deputy, fhall, on the Second Tuejday in January next, before the Hour of Ten o'Clock in the Morning, open the Poll, and receive the Votes of the Freeholders for eleding faid Commifrioners, as directed in the before-mentioned A6t, and continue the fame open till Sun-fet, then fhall proclaim the Perlbns to be Commiffioners v/ho fhall have the moft Suf- frages i and in like Manner fhall, on the Second Tuefday in November annually, open the Poll, receive the Votes, and proclaim the Commiffioners as before direfted, under the Penalty of Fifty Pounds, Proclamation Money, for every Negled or Refufal of complying with the Direftions of this Aft ; to be recovered from the faid Sheriff by Adion of Debt, Bill, Plaint, or Information, in any Court of Re- cord, wherein no Effoin, Injunction, or Wager of Law, fhall be allowed or ad- mitted, by any Perfon or Perfons vv^ho fhall fue for the fame within one Year after fuch Negled or Refufal ; one Half to the Profecutor, the other Half to be paid to the Commiffioners for the Ufe of the faid Town, to be applied towards fencing in the fame : Which Commiffioners fo chofen or elected, fhall have all the Powers arid Authorities mentioned in the faid recited A6t, or any other A6t now in Force, re- lating to the faid Town of Newbern. fioners. CHAP. XI. An A^ for deflroying Crows, Blackbirds, and Squirrels, in the County ^/Hyde. EXP, C H A P, LAWS of North-Carolina. 263 CHAP. XII. J. D. 1760, yf« /^S^for continuing James Davis Printer to this Province. E X P» CHAP. XIII. An A^ to continue an A£f^ intituled^ An Act for the Reftraint of Vagrants, and for making Provifion for the Poor, and other Purpofes. I. \kj H E R E A S an Act pafled at Newhern in the Twenty Ninth Year of the P'"-^"" VV Reig" of his prefent Majefty, intituled, An A5i for the Kejlraint of Va- irants, and for making Provifion for the Poor^ and other Purpofes^ will expire at the End of this prefent Seflion of Aflembly ; and whereas the laid Act hath been found ufeful and convenient : II. B E it Ena^ed, by the Governor^ Council^ and AfjemUy^ and it is hereby Enacted ^^ continued, by the Authority of the fame. That the before recited Act Ihall continue and be in Force for and during the Term of Five Years, and from thence to the End of the next Seflion of Aflembly, and no longer. SIGNED by Arthur Dobbs, Efq-, Governors, James Hafell^ Prefident. Samuel Swann, Speaker, ******** ANNO 264 LAWS of North-Carolina. j1. D. 1761. .^*^|S^.i^^/^^.^^^^.4^^R^.^'^^?^ .,^^^^.4^5^^^4?^^R^.^J^^^^ «$•<$• 45**$* ^^ •$*'^ •$"$♦ •?• •^'^ •$"4^ •$••4^ •^4* "^"^ 4"^ ^•^ -^"^ •$*^ •§•'$* 4*4* '^^ •$••$* 4**9' 4"^ ^'^ 4*^ 4*4* ANNO REGNi G E O R G I I IIi; REGIS, MAGNiE BRITANNIiE, FRANCIS, & H I B E R N I iE, P R I M O. ARTHUR At an ASSEMBLY, begun and held at Wilmington, the Twentieth DOBBS.Efq; Governor. p^y of Marchj in the Firft Year of the Reigh of our Sovereign Lord George the Third, by the Grace of God, oi Great-Britain, France, and Ireland, King, Defender of the Faith, 6cc. and in the Year of our Lord One Thoufand Seven Hundred and Sixty One j being the Firfl Scffion of this prcfcnt AlTembly. Thefirftg Clan- les of this Aft are okiulete. 10,000 Ciedic \. Bills of amiued. CHAP. L An Acl for granting to his Majejly an Aid of Twenty I'houfand Pounds^ ProcJamatioH Money ^ for raijing^ cloathing^ and payings Five Hundred effective Men, exchftve of Officers, to he employed as his Excellency the General, or Commander in Chief of his Majeftfs Forces in America, or his Excellency the Governor, or Commander in Chief of this Province, fhall direct or appoint ; for paying and fubfijling Fifty Men and Offi- cers, now in Garrifon ; and for appointing an Agent to reprefent to hts Majefiy and his Minifters the Loyalty and the dutiful Behaviour of the Inhabitants of this Province^ and their Zeal for his Majefifs Service ; and alfo to lay before his Majefiy and his Minifters proper Documents of the Charges and Expences this Province hath been, or ffoall be at, in his Majeflfs Service, during the prefent War \ and to follicit the Aj^airs ef this Province at the fever al Boards in England ; and other Purpofes, IX. /\ N D whereas there is not Money in the Public Treafury to anfwer the £\_ Purpofes aforefaid, and the reduced State of the Province renders it im- prafticable to raife the fame by an immediate Poll-Tax •, Be it Enacted, by the /lu~ thority aforefaid. That the Honourable John Swann, Lewis De Roffett, Efqrs, Samuel Sivann, and John Starkey, Efqrs. are hereby authorized, impowered, and required, to (lamp or print, and make out, or caufe to be llamped or printed, and alfo to fign with their Hands, Public Bills of Credit, to the Amount of Twenty Thoufand Founds, at the Rate of Proclamation Money •, that is to fay, One Thoufand Three Pound Bills, One Thoufand Forty Shilling Bills, One Thoufand of Thirty, Six Thoufand Five Hundred and Six of Twenty, Three Thoufand of Fifteen, Three , , Thoufand LAWS of North-Carolina. 265 Thoufand of Ten, Three Thoufand of Five, Two Thoufand Sever! Hundred and ^- D. jy6i. Twenty of Four, Three Thoufand of Three Shillings, Three Thoufand of Two ^-" ^^ '^ Shillings and Six Pence, Five Thoufand of Two ShiUings, Five Thoufand of One Shilling, Five Thoufand of Eight Pence, Five Thoufand of Six Pence, and Five Thoufand of Four Penny Bills ; and fliall receive tor (lamping or printing, makino- out, and figning the fame, Two per Cent, and no more. And the faid Jolm Swann, Levuis De RoJlfelt, Samuel Swann, znd John Starkey, Efqrs. fhall, before they (lamp, print, or fign, any of the faid Public Bills of Credit, make Oath before fome Ma- giflrate within this Province, that they will well and truly execute the Trull in them repofed by Virtue of this Aft ; and give their rcfpcftive Bonds, with fufficient Se- curity, to our Sovereign Lord the King, his Heirs and SuccefTors, for the Ufe of this Province, in the Sum of Twenty 1 houfand Pounds each, for the faithful Dif- charge of the Truft in them repofed by this Ad ; which Bond fhall be lodged in the Secretary's OiTice. X. AND be it further Enacted^ by the Authority aforefaid. That the faid Bills of To be delivered Credit, when io (lamped or printed, and figned as aforefaid, fhall be delivered to \]'^ ''"' ^''''"' John Starkey, Efq; Public Treafurer of the Southern Diftnft, and fljall be by liim applied to the Ules and Purpoles by this Ad direded. XI. AND be it further Enacted, by the Authority aforefaid. That the Bills of To be current in Credit to be emitted by this Ad lliall be current, and a lawful Tender in all Pay- ^'' ^'•'^'"'=""- ments whatfoever as Proclamation Money. Xll. AND be it further Enacted, by the Authority aforefaid. That the faid Pub- lic Treafurer, when direded (until the Sum of Twenty Thoufand Pounds, by this Act crranted for paying and fubfifting the afore-mentioned Regiment, and the faid Fifty Men and Officers now in Garriion, fnall be fully paid) (hall make Payment in the faid Bills of Credit to fuch Perlbn or Perlbns as the Governor, or Comman- der in Chief, by his Warrant, faall order and appoint to receive the fame. Treafurer to pay the fame to fuch I'erfons as tha GoverncT fliali appoint. XIII. AND be it further Enacted, by the Authority aforefaid. That tlie Perfon P"-''"' receiving or Perfons who (hall receive the laid Sum of Twenty I'houfand Pounds, or any securUy.' '''^"* Part thereof, by Virtue of any fuch Warrant or Warrants, (hall account with the General AlTembly for the fame ; and every luch Perfon or Perfons, before receiving the faid Monies, (hall enter into Bond, with good and fufficient Security, to his Majedy, his Heirs and Succe(rors, in Gouble the Sum or Sums he fliall receive, with Condition that he will account with the General AfTcmbly for the Sum or Sums he fiiall fo receive from the faid Treafurer by Virtue of fuch Warrant ; which Bond fhall be taken by, and lodged with the Trea(urcr : And in Ca;e of a Breach of the Condition thereof, may be put in Suit, and Judgment being obtained thereon, the Money recovered (hall be applied towards defraying the contingent Charges of Go- A'ernment, in fuch Manner as the Governor, Council, and Allcmbly, fhall direct, and to no other Ufe whatfoever. XIV. AND be it further Enabled, by the Authority aforefaid. That the faid Sum of Twenty Thoufand Pounds (hall be, by Direction of the Governor, or Com- mander in Chief for the Time being, applied to the particular Purpofes by this Act herein before directed, if neceffary ; but if a leis Sum (hould be found fufficient for the fame, the Surplus fhall be applied towards defraying the contingent Charges of Government, already allowed, or which fliall be hereatter allowed by the Governor, Council, and Aflrmbly, and to no other Purpofes whatfoever. Si'rplus applied to Contin^cnurs of Goveinmciit, XV. AND be it further Enacted, by the Authority aforefaid. That each able bo- Coionei allowed died Man, inliiling voluntarily in the faid Service, as foon as may be after inlifting, cioathine!" '^ fli;ill be properly cloathed ; for which Expence of cloarhing and furnifliing each Soldier with a Blanket, the Colonel fliall have an Allowance, not exceeding Six , Pounds a Man. L 1 XVI. AND 266 L A PV S of North-Carolina. ^. D. 1761. XVI. AND he ii further EnaSled, by the Authority af or efaid^ That if any Perfon ' — -^'"■ — ' (\^^\\ forge or counterfeit any of the above-mentioned Bills of Credit, or fhall pafs fe;"ing" Linir^f or utter the fame in Payment or Exchange, knowing the fame to be forged or Credit. counterfeited, the Offender therein, being lawfully convicled, fliall be adjudged a Felon, and fuffer as in Cafes of Felony, without Benefit of Clergy. Poll -Tax of 2S. iaid. XVII. A ND be it further EnaSfed, by the Authority aforefaid. That for redeeming the faid Public Bills of Credit, a Poll-Tax of Two Shillings, Proclamation Money, be laid on every taxable Perfon within this Province, to commence on the Firlt Day of January, which fliall be in the Year of our Lord One Thoufand Seven Hundred and Sixty Four, and to continue until the whole Sum to be emitted by this Aft fhall be paid in and burnt : Which faid Tax fhall be colleded by the She- riffs of the feveral Counties, and accounted for and paid to the Treafurers of the feveral Diftrids, in the fame Manner, and under the like Penalties, as are by Lav/ direfted for the colleding, accounting for, and paying other Taxes, (a) CHAP. XL An A5I for an additional Act to an Act, intituled. An A61 to make Provifion for paying the Chief Juftice and Attorney General's Salaries, and defraying the con- tingent Charo-es of Government. EXP. CHAP. III. # The Vcftrv Aa, An Act to impower the Inhabitants of feveral Parifhes within this Province, that have "endl'^'r-^Mi'd' ^^ H^^ Veflry within their refpective Parifhes, to meet and elect VeJIries. CHAP. IV. An Act to appoint Commijfioners to further improve and amend the Navigation of New River, tn Onflow County, to raife a Fund by a Lottery, to defray the Expence thereof. Private.' I, T 1| 7 H E R E A S an A61 of Affembly, intituled. An Act to improve and amend Y Y the Navigation of 'New River, in Onflow County, paffed in the Year One Thoufand Seven Hundred and Sixty, by Reafon of the Death of the Com- miffioners, and Smallnefs of the Fund, has not anfwered fully the good Furpofes thereby intended, although from what was then done the Schen^.e appears prafti- cable : CommiiTnners H. BE it therefore Enacted, by the Governor, Council, and Affemb^y, and by the rnUn^IcVal Authority of the fame, Th"^l miliam Cray, PJchaidfVard, znA Henry Reads, be, and vigati-n. are hereby conftituted and appointed Commiflioners, and authorized and impowered to contradl and agree with fuch Perfon or Perfons as are willing to undertake the fame, for the more perfeft clearing away and removing the Rock or Shell, or cut- ting through the Marfh fronting New River Inlet, in fuch Manner as m their Dif- cretion fliall befl: promote the Navigation thereof; provided the Sum fo contra6led for fliall not exceed Two Hundred Pounds, Proclamation Money, Lottery for the HI. T O enable the faid Coramiffioners to difcharge the faid Contrail, Be it ^'""^' Enacted, by the Authority afcrcfaid. That the faid Commiflioners fliall, and are hereby appointed Managers, for undertaking, carrying on, and drawing a Lottery, at the Court-Hcufe on New River, for the Purpofes aforefaid, with Power to iffue One Thoufand Tickets, to be figned by themfelves, at the Price of Thirty Shil-^ lings, Proclamation Money, for each Ticker, m Form following : NEW (a) The iSth, 19th, and 20th Claufi^s of this Aft, iSx appointing an Agent, exprcd. L A JV S of North-Carolina. 267 XXXXXXKXXXXXXXXXKXXXXXXXXXX k N° X 5 NEW-RIVER LOTTERY. ^? ^< THIS Ticket intitles the Bearer to whatever>^' XPrize may be drawn againft the Number, dedudingf^ 'yi.. April 1761. p^ X ":■< And on the Firil Tuefday in November next, at the Court Houfe on New-River^ (hall begin the Drawing of the faid Lottery, if a fufficient Number of Tickets fliall by that Time be difpofedof ; and the Calculation of the Chances ihall be as follows ; Two Prizes of £. Two Prizes of Two Prizes of Ten Prizes of Two Hundred and Five Prizes of . Firft Ticket drawn Laft Ticket drawn A. D. 1761. Form of the Ti«- fcet. 100 is £' 200 50 is 100 25 is 50 10 IS 100 5 IS 1025 12 12 10/. loy: At 15 per Cento I' 1500 is £^ ±25 Ktttnter anil Tai lite of Frizci. IV. ANT) belt further Etta^ed^ by the Authority afcrefaid^ That it ITiall and may be lawful for the faid Managers to deduct, out of the Amount of every Prize, Fifteen per Cent, to be applied as hereafter mentioned : But before any Ticket fhall be iflued, the faid Managers fhall give Bond, payable to his Excellency the Gover- nor, and his SuccefTors, in the Penalty of One Thouland Five Hundred Pounds, Proclamation Money, with Condition, for their faithful Difcharge of the Truft re- pofed in them by this Act •, which Bond Ihall be recorded in the County Court of Onflow^ and any Perfon injured may have Judgment thereon againft the Managers. Manager! to |iti Boni. V. AND be it further Enacted^ That the faid Managers fhall, before they Andtaiie enter on the Execution of their Office, before any Juftice of the Peace for the County of Onjlow take the following Oath, viz. I A. B. do folemnly fwear., that 1 will faithfully execute the Office of Manager to the ThisOath. New- River Lottery^ according to the Directions of the A I of AJfembly in that Cafe tnade and provided. SO HELP ME GOD. VI. AND for the more ready Sale of the Tickets, Be it EnaSfed., by the ^°'")^^^^^ll^^ Authority aforefaid^ That the Managers, on Difpoial of any of the faid Tickets, may take Notes from the Purchafer, with Security, if required, in the Form following : I or We do jointly or federally (as the Cafe may be) prornife to pay to William Cray, Richard Ward, and Henry Roads, Managers of the ]>iew-Rl-vcr Lottery^ or their Affigns, the Sum of within Two Months after the Drawing the faid Lottery^ for Value received for Tickets bought by fVitnejs my Hand^ the Day of Which Note fhall be deemed valid againft the Subfcriber, theirs, and each of their Perfons and Eltates ; and the Managers fhall be intitled to demand and receive the Sum therein mentioned from the Subfcribers ; and on Negled or Refulal of Pay- ment at the Time limited for Payment being expired, may, on Application to any One Magiftrate, obtain a Warrant, and on Judgment, have Execution thereon ; ■which faid Magiftrate is hereby authorifed and impowered to grant, in the fame Manner as he may in other Matters under the Value of Forty Shillings by the Law now in Forces LI2 VlL AND 268 I,^/;^/So/ North-Carolina. Allowance to the Managerf, .^. D. 1761. VII. JND he it Enacted^ That the faid Managers may take Twenty-five Pounds, or Notes to that Amount, as Satisfaftion for keeping the Accounts, drawing the Lottery and whole Charge thereof, and no more ; and the remaining Two Hun- dred Pounds fhall be applied to the amending the Navigation of New-River -, and to no other Purpofe whatfoever. Provided neverthelefs. That if the whole Sum of Two Hundred Pounds fhall not be expended in the improving the Navigation as aforefaid, the Refidue thereof unapplied fhall go in Aid of the County Tax of Onjlow. CHAP. V, ^n Act to amend and improve the Navigation from Currituck Inlet through the Dijlrict in Currituck County^ to Albemarle Sound. REP. PreamWe, Sufferers allowed for theirTobaccc, Hew paid, Slicr'ff impower- etl to receive the Tsxts for 1760. CHAP. VI. An Act to impower the Inferior Court of Fleas and ^carter Sejfwns for the County of Northampton, to lay a Tax to pay fundry Perfons who have fuffered by the burning of Pace'j Warehoufe in the faid County 5 and other Purpofes. I. H E R E A S the Public Warehoufe in the County of Northampton, cal- y Y led Pace's Warehoufe, was lately by Accident burnt, with a great Quantity of Tobacco, belonging to fundry Perfons in the faid County, and there being no Law now in Force to aicertain the Method of raifing a Sum of Money fufiicient to pay and fatisf y the Lofs thereof to the Sufferers : For Remedy whereof, II. We pray that it may be Ena6led, /^nd be it Enacted by the Governor, Council, and ,iffe;nbly, and by the Authority of the fame. That the faid Inferior Court of Pleas and Quarter Seflions, for the County of Northampton, is hereby aurhorifed and direded, upon Application made to them by any Perfon that had Tobacco burnt in the faid Warehoufe, and Proof made thereof, to allow fuch Perfon fo much Mo- ney as he fhall make appear he has fuflained by fuch Warehoufe being burnt ; and to lay a Tax on the Inhabitants of the faid County, fufEcient to pay and fatisfy all fuch Lofs as fuch Perfon fliall make appear he has fuflained thereby : Which faid Tax fhall be collefted by the Sheriff, in the fame Manner, and under the like Rules and Reftriftions, Fines, Forfeitures, and Penalties, as are direded and inflided by Law in paying and colleding other Taxes. III. AND he it further Enabled, by the Authority aforefaid. That the Inferior Court of Pleas and Quarter SefTions, upon Application made to them, by any Perfon as aforefaid, having a Cl-aim on the faid County for Tobacco burnt in the aforefaid Warehoufe, fhall order and direct the Sherift"", after collecting the aforefaid Tax as aforefaid, to pay fb much Money out of the fame to any fuch Peribn as fhall have been allowed by fuch Court. IV. AND whereas there was no Court held for the faid County in the Year One Thoufand Seven Hundred and Sixty, or Magillrates qualified at the Times by Law appointed for taking the Lift of Taxables •, by Means whereof, there was no Public, County, or Parilh Tax, collected for that Year : Therefore, Be it Enacted, by the Authority aforefaid. That the Sheriff of the aforefaid County is hereby direct- ed and authorifed, to collect from the Taxable Perfons of the aforefaid County, the Public Taxes, already impofed by the feveral Acts of AfTembly of this Province, by the Lift of Taxables returned by the Juflices of fuch County, in the Year One Thoufand Seven Hundred and Fifty-nine, and account for the fame to the Treafii- rer, in the fame Manner, and under the like Rules and ReflrictionF, as he is' by Law to account for and pay other Public Taxes-, and the Juflices of the aforefaid Inferior Court, and the Veflry of the Parifii of St. George^ within the faid County LAWS of North- Carolina, 269 of Northampton^ refpeqiively, fhall, as foon as convenient may be, lay iuch Tax '^. D. 1761. on the County or Parilh (as the Cafe may be) for paying and defraying all fuch ^— -^v~— ' County or Farifh Debt or Debts, and which ought to have been collectea and paid in the Year Oiie Thouiand Seven Hundred and Sixty, and apply the Monies there- by arifing, to fuch Ufe or Ufes as the fame wa;, levied for : Any Law, Ufage, or Cuftom to the contrary notwithftanding. (a) VI. AN B he it further EnaEfed^ hy the Aiahority afcrefaU, T\\zt in either of the Surpi,,, of th« aforefaid Cafes, if there fhall be a greater Sum of Money levied and collected by Taxapproptbied. Virtue of this Acl than will be fufiicient to aniwer the Purpofes thereby intended, the Overplus flTiall be applied towards difcharging the Debts of the County, where the fame lliuU be laid. C H A P„ VII. An A:l for aHerinr the Times of holdiny the Superior Court of Pleas and Grand Scjfwns PmviJed for by for the Dijiri l of Newbern ; anl alfo the Inferior Courts of Pleas and ^.arter '''^ ^°'"' '^'*"* Sejfions in the Counties of Orange, and Carteret ; andjOr other Purj^ojes. C H A P. VIIL An A^ for hitilJing a Court-Houfe in the 'Town of Newbern, in the County of Craven,' for raifing a T.ix^ and for appointing Commijfioners for building the J ame ; ad for repealing an Act paffed at Wilajington the loth L,oy of November, 1759, intituled An A'::t for appointing Commifiioncrs for finidiing the Court-HouJe already be- ' gun in the Town of Newbern \ and for other i'urpoles. I. T ^ r H E R E A S the faid County is at prefent, and hath been for fome Years ^''"^'* Y Y P^^^ wichout a Court-Houfe to hold their C ourts in ; and the Coinmifli- oners mentioned in the before recited Aft, having negleded building and finifhing the Court-Houfe therein mentioned, to the gr^at Detriment and Inconvenience of the Inhabitants thereof : II. Be it therefore Enacted, and it is hereby Enacted, by the Governor, Council, and C'urt-Houfe tg AJfembly^ and by the Authority of the jame. That a Court-Houfe for the fai i County, "" ''"'^'" not exceeding Sixty Feet long, and Forty Feet wide in the Clear, be built on the Public Lots in the Town of Newbern, nearly oppofite Mr. Rice'^ Red Houfe, or in the Interfeftion of Droad-ftreet, where a Court-Houfe is already begun, which- foeverof the ^aij Places they the CommilTioners herein after appointed for carrying on the faid Building, or the Majority of them, fhall judge moft convenient. III. AN he it further Enacted, by the Authority aforefaid. That a Poll Tax Tax laid for it; of Two Shillings, Proclamation ivljney, be, and is hereby laid on each taxable Perfon within the laid County of Craven, Yearlv, for Three Years, from and after the pairing of this .Aft; to be levied and coUefted by the Sheriff of the laid Coun- ty, in like Manner, and at the fame Time, as Public Taxes are collected -, which fhill bv hi.'-rt be accounted for, and paid into the Hands of the Honourable Richard Slight, Elq; Jofeph Leech, and John Fonville, Efqrs. CommifTioners, hereby ap- Comm;rnoner» pointed far building and finifhing the faid Court-Houfe, or to the Majority of them, ^pp"'"'"^' or their Orders, who are to build the fame at their Difcretion ; the Firfl Collection of the faid Tax. to be made, accounted for, and paid by the faid Sheriif unto the faid CommifTioners, or their Orders, on or before the Tenth Day of April, lyGi, and fo, Annually, till the laid Three Years are expired. IV. AND for the better enabling the faid CommifTioners to carry on and finifli the faid Court-Houfe as fbon as m.ay be, // // hereby Enacted, by the Authority afore- fcid, /rtyl The 5th Ciaufe provided for by the Infpeilion Adt. 270 L A PV S of North-Carolina. A. D. 1761. J'aid^ That they the faid Commiflloners, or the Majority of them, (hall be, and they ThliTi^^i^o ^'"^ hereby invefted with full Power and Authority, to fell and difpofe of the Lot Ml the old Court belong-ing to the faid County, whereon the old Court-Houfe and Prifon formerly ^a'lr'^Pe'r'fJns '"o ftood, at PubUc Vcnduc, at any Time hereafter, on giving Public Notice thereof. Account tor Mo- at kaft Twenty Days before the Sale \ and after fuch Sale to convey and make over Hinds/ "' the fame in Fee-Simple, to the Perfon or Perfon fo buying and paying for the fame, and to their Heirs, Executors, Adminiftrators, and Affigns, by fuch Inftrument or Inftruments in Writing as fhall be fufficient and available in Law ; and alfo full Power and Authority to fell and difpole of the Bricks already laid, that were intended by the before recited A(5t to build a Court-Houfe with, \n Cafe the faid Work fliould be found infufficient to build on ; and alfo full Power and Authority to demand and receive from every Perfon or Perfons, all fuch Sum or Sums of Money they may have in their Hands belonging to the faid County^ excepting fuch Taxes as hath been from Time to Time laid for paying Jury Tickets ; and on fuch Perfon or Perfons Negleft or Refufal to account for and pay fuch Sum and Sums of Mo- ney to them the faid Commiflioners, they the faid Commiflloners, or the Majority of them, are hereby authorized and impowered, in their own Names, to proceed againft them, or any of them, for the Recovery thereof, in the fame Manner and Form as Sheriffs may be fued or proceeded againft that have or detain Public Mo- ney in their Hands : And the Money arifing from the aforefaid Tax, Sale of the ^ aforefaid Lot, and Bricks, and what Money may be recovered of tlie Debts due to the County, fhall be applied by the faid Commiflloners, or the Majority of them, towards building, finifhing, and compleating the Court-Houfe as aforefaid ; and if there fliould be any Surplus of the Money in their Hands after building, fir.ifhing, and compleating the fame, it fhall be paid by the faid Commiflloners to the Juftices of the Inferior Court of the faid County, to be applied by them towards leffening the County Tax. Sheriff totjiieft V. AND be it further Enacted, by the Authority aforefaid. That the Sheriff of the County aforefaid fhall, before he receives any Part of the Tax herein laid, enter into Bond, with Two fufficient Securities, to the faid Commiflloners, that he will duly colledl and pay the fame unto the faid Commiflloners, for the Ufes aforefaid ; and every fuch Sheriff who fhall fail or negleft to give fuch Bond and Security, fliall forfeit and pay the Sum of Twenty Pounds, Proclamation Money -, to be recovered with Cofts, by Adion of Debt or Information, in any Court of Record, by the faid Commiflloners, or the Majority of them, for and towards building and finifh- ing the faid Court-Houfe : And upon fuch Refufal or Neglerd of fuch Sheriff, they the faid Commiflloners, or the Majority of them, fliall, and are hereby required, to nominate and appoint fome other Perfon to colledt and receive the aforefaid Tax, who fhall give Bond and Security to colled and pay the fame in Manner aforefaid ; and thereupon fhall, and is hereby declared to have full Power and Authority, to colled and receive the fame, under the like Rules and Regulations as the Sheriff could or might have received the fame. RcpeaiingCUufc. VI. AN B be it further EnaBed, by the Authority aforefaid. That the before recited Ad, intituled. An Act for appointing Commijfioners for finifhing the Court-Houfe already begun in the 'Town of Newbern, and for other Purpofes, be, and is hereby from hence repealed, and made void. CHAP. IX. Rpp. and provid- Ah Act to prcvent the exacting of illegal and exorbitant Fees in levying Executiens by Sbt» f'rl'^X-^r riffs, and Other Officers. Sheriffs. CHAP, LAWS of North-Carolina. 271 ^. D. 1761, C H A P. X. Jn Act for amending an Act^ intituled^ An Aft for dividing the Pariffi of St. Johfi^ in Granville County. I. T T TH E R E A S by an Aft of Aflembly pafTed at Edenton the Twenty Third P"vate. yy Day of November, in the Year of our Lord One Thoufand Seven Hun- dred an.i Fifty Eight, intituled, An Act for dividing the Parifh of St. JohnV, in Granville County, it was Enafted, That the laid Parilli Ihuuld be divided by a Line bcginniiig at Cotton Creek, where the Virginia Line crolles the fame ; aiid there being no fuch Place found, by which Means Difputes are likely to arife between the Inhabicancs of each Parifli concerning the faid Line : For Prevention whereof, II. W E pray that it may be Enafted, And he it Enacted, hy the Governor, Coun- bividrng hn^ cil, and Affenibly, and by the Authority of the fame. That at any Time after the Firft '' Day of May next, the faid dividing Line be run. as followeth, to zvit. To bec^in where Jefferfon\ Road now croffes the Virginia Line, running thence a dircft Lme to Horfe Creek, where Johnfton County Line croffcs the laid Creek ; and all that Part ot' the faid Parifli formerly called St. John's, which fhall be Eaftward of the faid Line, (hail remain and be called the Parilli of St. John's % and all that Part of the faid Parifli which fliall be to the Weftward of laid Line, Ihall be held, deemed^ taken, and called the Parifli of Granville. III. AND he it further Ena5fed, hy the Authority ofcrefaid. That Mr. Robert Harris, Mr. Richard Hendcrfon, Mr. IViiliam John/Ion, and Mr. Gideon Macon, and they, or any Twa of them, are hereby appointed Commifnoners to run the faid Line > > 1 ^^ ^ ^ -- ■" > . -- the Churchward and that the Parifli of Granville bear the Expence of the fame, to be paid by jrchwardens out of the Parifli Tax. IV. RRO VIB E D, That nothing herein contained fiiall be conflrued to debar the Sheriff or Colleftor of the Parifli of St. John''<, from making Difl:refs for any Levies or Tax^s which fliall be due to faid Parifli from fuch Inhabitants, as were deemed before the pafllng of this Aft to be within the Parifli of St. John's ; any Thing herein contained, to the contrary, notwithflianding. Comm'fTicneH for lunning it. Shet'ff to make Diftrefs as before the Divlfioni CHAP. XI. An A£l for adding "Part i/f Orange County to Johnfton County, and for afcertaining the dividing Line between the faid Counties. I. WHEREAS the Inliabkants of that Part of Orange County lying upon ?''«'= Neufe River labour under great Inconveniency, by Reafon of the great Part of Orangs oddej to John- ftofi. Diftance to the Court-Houfe of the laid County II. B E it therefore Enacted, hy the Governor, Council, and Affemhly, and hy the Authority of the fame. That that Part ci Orange County, lying on Neufe River, be added to the County of Johnfton ; and be divided by a Line to begin at the South Well Corner of Granvil'e County, and running thence a due South Courfe to John- Jlon or Cumberland County Line, which of the faid County Lines it may firfl: inter- feft. III. AND he it further Ena?.cd, 'oy the Authority aforefaid., That William- Chur- Commi/Tinnerj ion and Theophilus Hunter be, and they are hereby appointed Commiflioners, to run Line'"""'"'^ '''* the faid Line. IV. A N D for defraying the Charges thereof. Be it Ena^ed, hy the Authority Tsx hid for it, cforefaid. That the Inferior Court of fleas and Quarter Sefllons oi Johnfton County be, and is hereby impowered, to lay a Poll-Tax, not exceeding the Sum of Four PencCjj >72 LAWS of N ORT H -C A ROL I N A. A. D. 1761. Pence, Proclamation Money, /'ijr Taxable, upon the Inhabitants of 7o^w/?i5« Coun- ^--"V**^ ty, and (hall caufe the fame to be levied in the fame Manner that the Public Taxes are levied ; and fhall, out ot the Money arifing by the faid Tax, pay and fatisfy the Commiffioners aforefaid, for their Trouble and Charges expended in running the Lines aforefaid, and fhall apply the Money remaining (if any there be) to the Ufe of the County. p.nt of Orange y^ AND h It further Enactcd, by the Authority aforefaid^ That the Part of County, '" "" Orange County hereby added to Johnjlon County, from henceforth fhall be deemed, held, and taken to be Part of the County of Johnjlon j and that the Inhabitants thereof be fubjed: and liable to the fame Rules, Orders, and Taxes, as any other of the Inhabitants of the faid County now, or fliall hereafter be fubjea or liable to j any Law, Ufage, or Cuftom, to the contrary, notwithftanding. Sheriff to diftrain VL A N D k it further Ena£!ed^ by the Authority aforefaid. That nothing herein L'reThrDivifi^n' Contained fhall be conftrued to debar the Sheriff of the atcrefaid County of Orange, as the fame ftands now undivided, to make Diftrefs for any Taxes, Levies, Fees, or other Dues, that are now, or fhall be due from the Inhabitants of the faid County for the Year ot our Lord One Thoufand Seven Hundred and Sixty, or before, that he may make Diftrefs in the fame Manner as by Law the laid Sheriff could or might have done if the faid County had remained undivided •, and the faid Levies, Fees, and other Dues, fhall be colleded and accounted for in the fame Manner as if this Aft had never been made ; any Thing herein contained, to the contrary, notwith- ftanding. CHAP. XII. Providoi f.r by j^ ji-j jQy enlarging the I'ime for InfpeHion of Tobacco at the Public Warehoufe in the Aa. " '" '"" Toivn of Tarborough, in the the County of Edgcomb, and for increafing the Salaries of the Infpeclors thereof, .vidd for by CHAP. 13. An A£l to appoint Commijffioners of the Roads for a certain DiJlriSi in ^"^^ ^'^' Bladen County, the Road Ail. 1 4. An /i5f to impower the fever al Superior and Inferior Courts within this Province to admit a Copy of the lafi Will and Tejlament of any Perfon deceafed to be gi-Ven in Evidence. EXP. CHAP. XV. An Act to dock the Entail of certain Lands therein mentioned, vefling the Fee- Simple there- of in Blake Balgcr, and for fettling other Ltjnds in Lieu thereof to the fame Ufes. Pnvate. I, T T 7 H E R E A S Colonel Barnaby M'Kinney, late of this Province, deceafed, YY beino- in his Lifetime, feized in his Demefne, as of Fee, of, and into, certain Tracts of Land, lying and being in Halifax County (formerly Edgcomb) and being fo feized, the faid Barnaby M'Kinney dia, by his laft Will and Teftament, in Writing, bearino- Date the Thirteenth Day of Auguft, in the Year of our Lord One Thoufand Seven Hundred and Thirty-ftven, deviie to his Son Richard M'-Kin- ney, in Fee-tail (together with other Lands) that Tract of Land whereon the faid Barnaby M'Kinney then lived -, bounded as foUoweth : Beginning at the upper End of the Cyprefs Gut on Morattock River, at a Place called the old Mill-Dam ; thence by the Windings of the faid Gut to the Great Ditch ; thence along the faid Ditch to the Corner thereof at the Road ; and thence by the Courfes of the Cyprefs Gut to where JVilliara Brown's head Line croffes the fame ; then by Brown's head Line to his Corner near the head of the Merry Branch ; then by Brown's lower Line to a Maple on Morattock River : As alfo, Two Hundred Acres of Land, purchafed of Colonel JVilHam Maukj adjoining William Brown's Lower Line j and all the_ Re- mainder L A W ii o/'North-Carolina. 27 mainder of the faid Barnahy M'Kinney's Lands on the South Side of Moratlock ^- -0- J761. River, not before deviled ; and if his faid Son Richard fhuuld die without Heir v— — v— ^ or lawful Ilfue, then the Plantation whereon the faid Barnaby M'Kinney then lived' with Tiiree Hundred Acres of Land adjoining, Ihould delcend to his Son John M'Kinney, in Fee-tail ; and all other the Lands betore deviled to the faid Richard M'-Kinney, fhould go to the Two Daughters of the faid Barnaby M'Kinney, to wit. Patience Lane, and Mourning Pope, and the Heirs of their Two Bodies, lawfully begotten, and to their Heirs for ever, equally to be divided between them and foon after died ; and the faid Richard AT-Kinney, after the Death of the faid Tefta- tor, in Confequence of the faid Devife, became feized and polfefTcd of the Lands aforefaid, and lo died feized thereof without lawful Ilfue ; by iVIcans whereof, John Lane, and Henry Pope, the lawiul Pleirs of Patience Lane and Mourning Pope, be- came feized as Heirs at Law to the laid Patience and Mourning of the Lands in the aforefaid Devife mentioned ; except the Plantation, and Three Hundred Acres of Land limited as aforefaid to the fuid John M'-Kinney. And the laid John Lane Heir at Law to the laid Patience Lane, who, by the Will of the faid Teflator, in De- fault of lawful I flue of the laid Richard M'Kinney, was intitled to one Half of the faid Lands fo limited to the laid Patience and Mourning, entered, and was feized and polTcired thereof; and apprehending he had a Fee-Simple Eftate therein ao-re- ed to fell the fame to Col Jo/e^h Lane, for the Confideration of Four Hundred Pounds, and executed a Leaic anci Releale to the faid Col. Jofeph Lane, for his Part or Share of the Lands lo limited to the laid Patience and Mourning ; and the faid Jofeph Lane apprehending that he had (after the Conveyance by the faid John Lane executed) an abfolute Eftate, in Fee-Simple, to the faid Lands fo conveyed by the faid John Lane, agreed to lell me lame to Blake Baker, for the Confideration of Five Hundred i-ounds, and executed Deeds of Conveyance for the fame to the faid Blake Baker. And alio whereas the faid John Lane is feized, in Fee-Simple, of and into, one certain Trad or Parcel of Land, containing, by Eftimation Six Hundred and Eighty Three Acres, lying and being in the Parifli of Edgcomb, in the County of Halifax, lately purchafed by him of Jofeph Lane by Deed of FeeofT- ment : And alio, whereas it will be greatly to the Advantage of the eldefl Son of the faid John Lane, to dock the Entail of the faid Lands fo limited to the laid Patience his Mother, whereby the faid John may be enabled to provide for his yjunger Children, and to fetde the other Parcel of Land purchafed oi Jofeph Lane as aforefaid, whereof he is feized in Fee-Simple, to the fame Ufes : And forafmuch as Notice has been publilhcd Three Sundays fuccefTively in the feveral Churches and Chapels in the laid Parifh of Edgcomb, in the County of Halifax, that Application •would be made to this prefent General Affembly, to dock the Entail of the fiid Dividend of Land fo limited to the faid Patience, upon fettling the other Lands to the fame Ufes, purfuant to your Majelly's Inftruflions : II. MAY it therefore plcafe your moft Excellent Majefly, at the humble Suit "^^^^^ ^^a^^ Ut of the faid John Lane, and the faid Blake Baker, that it may be Enafted, Attd be it ^''''" ^'''"* Ena::ed by the Governor, Council, and Affembly, and by the /htthcrity of the fame. That the faid Lands fo limited as aforefaid to the faid Patience Lane, fo as aforefaid, agreed to be fold to the faid Jofeph Lane, and by him to the faid Blake Baker, be, and are hereby vefled in the laid Blake Baker, his Heirs and AfTigns, in Fee-Simple, to the only proper Ufe and Behoof of the faid Blake Baker, his Heirs and AfTigns, for ever. And that the other Parcel of Land herein before mentioned to be pur- chafed by the faid John Lane, lying and being in the County of Halifax, be, and SJi'^f''^ '" is hereby vefled in the faid John Lane, in the fam.e Manner as is by the faid Will direfted for the other Lands fo limited to the faid Patience ; and the fame fhall remain, go, and defcend, to all and every fuch Perfon and Perfons, and for fuch Eftate or Eftates, and in fuch Manner and Form, as the faid Land fo limited to the faid Patience would have remained, gone, and dcfcended, by Virtue of any Limita- tions in the Will of the faid Barnaby M'-Kinney before mentioned, as if this Aft had never been made : Saving to the King's moft excellent Majefty, his Heirs and Suc- pelTors, and to all and every other Perfon and Perfon?, Bodies, Politic, find Corpo- M m rate^ 274 LAWS of North-Carolina. ji. D. 1761. rate, their refpeftive Heirs and Succeflbrs, other than the Perfons claiming under ^ '~v~'^ tlie Will aforefaid, of the faid Barnaby M^Kinney^ all fuch Right, Title, Intertft, Claim, and Demand, as they, every, or any of them, fhould or might claim, if this Ad had never been made. III. AND alfo, whereas the faid Barnaby M-Kinney, by his laft Will and Tef- tament as aforefaid, devifed to his Daughter Chrijlian M'-Kinney^ and the Heirs of her Body lawfully begotten, and to their Heirs for ever. Three- Hundred and Twenty Acres of Land, more or lefs, being the Plantation leafed to Doftor James Tbompfony known by the Name of the Walnut Fort; and Two Hundred and Fifty Acres, more or lefs, including the Plantation where James Denfon lived ; and all the Lands between the Cyprefs Gut and Ifaac Reek's Line, and the Biack Pond ; and the faid Chrijlian intermarried with William Hurjl, late of Ha if ax County, by whom flie had llTue Mary^ her only Child and Heir ; and fome Time after the Death of the faid Barnaby M'-Kinney, the hid^CiriJiian departed this Life, leaving IfTue the faid Mary, who is intitled to the aforefaid Two Trads or Parcels of Land fo devif- ed to the faid Chrijlian her Mother •, and apprehending that flie the faid Mary had a Fee-Simple Fftate therein, and in Order to purchafe other Lands and Slaves of • , greater Value than the aforefaid Two Trafts of Land, to advance her Fortune and Interefl:, agreed to fell the fame to Blake Baker, for the Confideration of Five Hun- dred Pounds : And whereas the faid Mary is feized, in Fee-Simple, of and into one Tra6t of Land, containing by Eftimation Two Hundred and Seventy Five Acres, lying and being in the County of Halifax, conveyed to William Hurjl, Father of the faid Mary, by Benjamin Sherrod and Patience his Wife, and by Deed of Gift, con- veyed to the faid Mary by the faid William Hurjl, her Father -, and alfo. Two Hundred Acres, lying and being in Northampton County, purchafed of B aid Patrick and Agnis his Wife, by the aforefaid William Hurjl, and by him conveyed to the faid Mary by Deed of Gift : And whereas it will be greatly to the Advantage of the faid Mary to dock the Entail of the faid Two Trads of Land fo devifed to the faid Chrijlian her Mother, and to fettle the other Parcels of Land whereof the faid Mary is feized, in Fee-Simple, being of greater Value, to the fame Ufes : And forafmuch as Notice has been publilhed Three Sundays fucceffively, at the Churches and Chapels in the Parifli of Edgcomb, in the County of Halifax, that Application would be made to this prefent General AlTembly to dock the Entail of the aforefaid Two Trafts or Parcels of Land fo devifed to the faid Chrijlian, upon fettling the other Lands of greater Value to. the fame Ufes, purfuant to your Majefty's In- ftrudions ; K B^l^/and I^- MAY it therefore pleafe your moft Excellent Majefty, at the humble Suit Mary Huirt. of the aforctaid Mary Hurjl and the faid Blake Baker, that it may be Enaded, And be it Enacted by the Governor, Council, and Ajfembly, and by the Authority of the fame ^ That the Two Trads or Parcels of Land fo devifed as aforefaid to the laid Chrijlian, fo as aforefaid agreed to be fold to the fiid Blake Baker, be, and are hereby veiled in the faid Blake Baker, his Heirs and Afligns, in Fee-Simple, to the only proper Ufe and Behoof of the faid Blake Baker, his Heirs and AfTigns, for ever ; and that the aforefaid Two Hundred Acres of Land herein before mentioned, lying and being in Northampton County, conveyed to the faid Mary by Deed of Gilt as afore- faid, be, and is hereby veiled in the faid Mary Hurjl, in the fame Manner as is by the faid Will direded for the other Lands fo deviled to the faid Chrijlian in Lieu and Stead of the aforefaid Three Hundred and Twenty Acres of Land io deviled as aforefaid -, and that the aforefaid Two Hundred and Seventy-five Acres before mentioned, lying and being in the County of Halijax, conveyed to the aforefaid 71/^- ry by William Hurjl, her Father, as aforefaid, be, and is hereby veiled in the laid Mary Hurjl, in the fame Manner as is by the faid Will direded for the other Lands fo devifed to the laid Chrijlian, in Lieu and Stead of the aforefaid Two Hundred and Fifty Acres of Land fo devifed as aforefaid, commonly called the Callidunia Plantation : And the aforefaid Two Trads or Parcels of Land, fo conveyed as aforefaid to tht faid Mary, fliall remain, go, and dcfcend, to all and every luch PerfoQ L A JV S of North-Carolina. 2*7? Perfon and Perfons, and for llich Efrate or Eftates, and in fuch Manner and Form ■^- -O. 1761* as the aforefaid Two Tradls or Parcels of Land fo devifed to the faid Ckriftian fevc- rally would have remained, gone, and defcended, by Virtue of any Devifc or Limi- tation in the Will of the faid Barnaby M'Kinney before mentioned, as if this A6t had never been made : Saving to the King's mod excellent Majefty, his Heirs and Suc- ceflbrs, and to all and every other Perfon or Perfons, Bodies, Politick and Corpo- rate, their refpeftive Heirs and Succcffors, other than the Perfons claiming under the Will of the {a\A Barnaby M'A'w^^j as aforefaid ; or otherwife, all fuch'^Uidit, Title, Intereft, Claim, and Demand, as they, every, or any of them, fhould or might claim if this Aft had never been made. Provided always. That this A6t, or any Tiling herein contained, fhall not take Efieft, or be in Force, until his Majefty's Approbation be had to the fame. SIGNED by Arthur Dobbs, Efq; Governorj James Hafel\ Prefident. Samuel Swamjy Speaker, Read TJree 'fimes, c^nd ratified in oten AJfembly, 1 the i^d Day of April, 1 7 6 1 . i Um^ ANNO 276 LAWS of North-Carolina. Jl. D. 1762. S 4H> •$-•$• -^^ -^"^ -^-^ '^•^ "^- -^"^ -^^4* ^'** '^'^ '^^'^ 4*'^ *: f 4^-fy ^4f, ^^ ^H^ ^-^ ^^ 4- •^;^-5^ -5?.-^ ^^^ '^^^ ♦*"$• 4"iii' ^ ANNO REGNI G E O R G I I III. REGIS, MAGNiE BRITANNIiE, FRANCIS, & H I B E R N I ^E, T E R T I O. ARTHUR At an ASSEMBLY, begun and held at Newbern, the Third Day DOBBS.Efq; Governor. q£ JSlovember, in the Third Year of the Reign of our Sovereign Lord G E 22 G E the Third, by the Grace of God, ofGreaf-Brifain, France, and Ireland^ King, Defender of the Faith, &c. and in the Year of our Lord One Thoufand Seven Hundred and Sixty Two j being the Firil Seflion of this prefent Afiembly. CHAP. L Re enaa-d i,y An AlI foY dividing tUs Province into Five feverd Bijlriols, and for eJlahHJJoing a Su- Aa 176S, Chap. pgyi()jr Court of Jujlice in each of the [aid Dijtritts^ and regulating the Proceedings therein. CHAP. IL s^e Afls oaobrr An Act to cjlaUiflj Inferior Courts of Pleas and ^tarter SeJJions in the fevei-al Counties in ^764, Chap, 2. fj^-^ Province. 1768, Chap, a. Preamble. l. T T 7 H E R E A S the Eftablifliment of Inferior Courts for the Trial of Caufes, Y Y ^"^d punifhing Offenders, under proper Limitations and Reftriftions, would be of great Service, and general Utility, in the feveral Counties within this Province : Inferior Courts J I. BE it therefore Enabled, by the Governor, Council., and Afjcmhly., and hy the Authority of the fame., That in every County of this Province, a Court quarterly in every Year fliall be held by the Juftices thereof at the feveral refpeftive Places al- ready alTigned for that Purpofe, or at fuch Place or Places as Ihall be hereafter law- fully appointed, upon the Days herein after limited for each County refpedively ; which Courts ftiall be called Inferior Courts of Pleas and Qiiarter Sellions, and taken and held to be Courts of Record. III. AND iftjUiih.d, L j^ M"" S of North-Carolina. 277 III. AND he it further E;:a5]ed,_ That every Perfon nominated and appointed //. D. jy6z. a Jultice of any Inferior Court, before his entering upon and executing the laid j^^^TT'T — ' OiBce, iliall pubhcly in the Court-Houfe of his County, on a Court Day, take the theolths'rf Co* Oaths appointed, or which fliall be appointed, to be taken by A61 of Parhament '""™=='^ for the Qtialification of Public Officers, repeat and fublcribe liie Teit, and Ihall alfo take the following Oath, to -ivit, I A. B. do fivear^ That as a Jttftice of Peace in the County of in all Articles Aph theOathof /;; the Comniijfion to -me directed, I %::i!l do eq:al Right and fufiice to the Pocr and to ""* the Rich, after my Cunninj, IFit, and Pozver, and according to Law ; and I zcill not be of Council in any 'sluarrel hanging before me; I will not let t for Gift or other Caufe, hut 'well and truly I •n.-ill do my Ojfice of a J if lice of the Peace, as ivell within the Infe- rior Court of Pleas and garter Sejficns of the faid County as ivithout ; and I zvi '/ not take any Fee, Gift, or Gratuity, for any Thing to be done by Virtue of 'my Office ; and I will not dire."!, cr caufe to be directed, any Warrant by me to be made to tie Parties, but J will direct them to the Sheriff or Conftable of the County, or other the King's Officers or Minifiers, or other indijfferent Perfon, to do Execution thereof. SO HELP ME GOD. And if any Perfon whatfoever fhall prefume to execute the Office of a Juftice of O" P^n. of looj.. any Inferior Court, without firfl qualifying himfelf in the Manner bv' this Ad beibre required, he ffiall, for every fuch Offence, forfeit and pay One Hundred Pounds, Proclaajation Money ; one Moiety to his Majtfty, his Heirs and Succeflbrs, to- wards the Support of this Government, and the other Moiety to the Inlormer : To be recovered with Cofts, by Action of Debt, in any Court wherein the fame js cognizable, (a) . IV. A ND be it further Ena.^ed, by the Authority aforefaid. That tlie faid Inferior ^rts. wh;n held. Courts of Pleas and Quarter Seffions Ihali be conllantly held upon the Days here- after fpecified for every County refpeftively, that is to fay : For the County of Per- quimans, on the Third Monday in January, April, July, and October ; /Injcyi, on the Vowi\A\Tiiefday\x\ January, April, July, and October : And every Adjournment fliall be to the next fucceeding Court in Courle, and not otherv^'ife. V. PR FID E D neverthchfs, That if the Bufinefs of any of the faid Courts ^^nd how long to cannot be determined on the Court Day, the Juftices may adjourn from Day to Day, not exceeding Five Days ; at the End of which Time, if the Caufes and Matters depending before them fliall not be finally determined, or otherwife conti- nued in the Manner herein after direded, the fame fliall be continued to the next fuccee .ing Court. VI. PROVIDED alfo, That if through Sicknefs or other Inabilitv, Badnefs X;^''^,^:]; of Weather or other Accident, it ihall fo happen that a ilifF.cient Number of Juftices to Day, nut cx- fhall not meet for holding the faid Courts on the Days herein before appointed, in '^'"'^ '"^ ■* '^'* fuch Cafe it iliall and may be lawful for any one Juftice to adjourn the Court whereof he fl-iall be a Member from Day to Day, not exceeding Three Pays, until a fuffi- cient Number of Juftices can attend to hold Court. VII. AND be it further Ena^^ed, by the Authority aforefaid. That none of tlie Courts, rr Pro- faid Courts, or Procefs in any of them depending, fliall be difcontinued for or by to 'fae"diicoT.tir*. Reafon of the Juftices failing to hold Court upon the Day by Law appointed, or '•''• of any Alteration of any of the laid Days appointed for holding the faid Courts j but in every fuch Cafe all fuch Procefs, Matters, and Tliirgs depending, lliall fland continued, and all Appearances upon Returns of Procefs fliall be made to the next fucceeding Court in Courfe, in the fame Manner as if fuch fucceeding Court had been the fame Court to which fuch Procefs flood continued, or fuch Returns or Appearances had been made ; and all Recognizances, Bonds, and Obligations for Appearances, (a) Tlie j.th Ciaufe, appointing the Court D.n s, except tiie Counties q{ Perquimans and Anfcrtf altered, by Adr October 1764, Chap. 2, and 1768, Ciiap. 2. 278 LAWS of North-Carolina. A. D. \j6z. Appearances, and all Returns, fhall be of the fame Force and Validity for the Ap- ^^""-v^^ pearance of any Perfon or Perlons at fuch fucceeding Court, and all Summons tor Witnefles as effectual, as if the next fucceeding Court had been exprefsly mention- ed therein. juftices I'ower. VIII. AND be it further Enabled, hy the Authority aforefc.id^ That the Juflices of the faid Inferior Courts of Pleas and Quarter ScfTions, or any Three of them, fhall and may take Cognizance of, and are hereby declared to have full Power, Authority, and Jurifdidtion, to hear and determine all Caufes whatfoever at the Common Law, within their refpe6tive Counties, where the Debt, Damages, and t^..r'ait/rrd'^^"b' Caufe of Adion, is above Forty Shillings, Proclamation Money, and fhall not ex- Aa Dc. iV-o, ceed Twenty Pounds like Money (Adions of Trefpafs in Ejcdment, Formedon Chap. 43. jj^ Decender, Remainder, and Reverter, Perjury and Felony, and fuch Criminal Caufes where the Judgment, upon Convidion, fhall be for the Lofs of Life or Member, excepted) and all Petit Larcenies, Aflaults, Batteries, and TrefpalTes, other than fuch TrefpalTes wherein the Title of the Freehold fhall or may come in Q^ieftion, Breaches of the Peace, and other Mifdemeanors oi what Kind foever, of an Inferior Nature; and all filial Portions and Legacies, and Diftributions of In- teftates Eftates, and other Matters thereto relating, for any Sum or Sums not ex- ceeding Twenty Pounds, Proclamation Money : And the laid Juflices of the Peace, and every of them, at all Times during their Continuance in that Office, as well within their Inferior Courts of Pleas and Qtiarter Seffions as without, fliiill have full Power and Authority, as amply and as fully, to all Intents and Purpofes, as the Juflices of the Peace in the Counties of England^ to preferve, maintain, and keep the Peace within their refpeftive Counties. conrts p .wr^r to jx. A ND k jt further Enaued^ by the Authority aforefaid. That tlic faid Inferior vviUs. ''' '^^ ° Courts refpedively fliall and may, by Summons or other legal Procefs, upon Ap- plication to them made, compell any Perlbn or Perlons whatfoever, having in their PofTefTion any Will or Teflament of any deceafed Perfon, to exhibit the fame to the Court, in Order to a legal Probation thereof; and alfo to receive the Probate of Wills, and order the fume to be recorded ; and make Orders for ifluing Letters TellamiCntary, and Letters of Adminiftration ; and the Clerk fliall and may take Two Shillings and Eight Pence fur recording each Will. jvovifo, where X. PROFID E D alivoys. That any Perfon who hath a Right to execute any Caviars are en- yy-j]}^ qj. ^q adminiftcr thc Eflate of any Inteflate, who fliall think himfelf injured by fuch Order, inay enter a Caveat in the Court wherein luch Order fhall be made againft the Perfon obtaining the fime ; and the Secretary, and his Deputy, fhall forbear to feal and counterfign Letters Teftamentary, or of Adminiftration, till the Matter in Coiitroverfy fliall be re-heard and determined before the Governor, or Commander in Chief for the Time being, and Council. c!"r'cs to give XI. AND be it further Enabled, ly the Authority aforefaid. That the Clerk of the Picas for the Time being fliall, for the future, nominate and appoint fkiliful and difcreet Perfons to ferve as Clerks for the feveral Courts hereby eftablifhed ; which faid Clerks fliall, upon fuch Nomination and Appointment, hold and enjoy their Offices during their good Behaviour therein : And each of the faid Clerks fhall give Bond to the Juftices of their refpeftive Courts, with Two iufficient Securities, in the Penalty of One Thoufand Pounds, for the Safe-keeping the Records, and the faithful Difcharge of his Duty in his faid Office; which faid Bond ffiall be re- corded, and lodged in the Secretary's Office ; and in Cafe of a Breach of the Condi- tion thereof, may be put in Suit, for the Benefit of, and at the proper Coft and Charges of the Party or Parties injured, and fliall not become void upon the firfl Recovery, or if Judgment be given againfb the faid Juftices, but may, from Time to Time, be put in Suit, by Adion of Debt, or ScireFacias, until the whale Penalty fliall be recovered : And when any Judgment fhall be obtained upon fuch Bond, the Damages afTciTcd fliall, by Order of the Court, be paid to the Peribn or Perlcns in- jured. XII. PROVIDED LAWS of North-Carolina. 2/9 Jufiices Fewer o« ver I hem. tjke XII. PR VIDED always^ That nothing herein contained (hall be conftrued ^. D. 1762 to lellen or take away the Power of the Juftices of the faid Courts over the Clerks thereof, any Thing herein contained, to the contrary, notwithltandino-. XIII. AND be It further EnaSfed, by the Authority af ore/aid. That every Perfon ^^''^^ '" nominated and appointed Clerk of any Inierior Court, before his entering upon, and "" "■"'"' executing the faid Office, fhall take the Oaths by Law appointed for the Qualifica- tion of Public Officers, repeat and fubfcribe the Tcft, and aifo take the foUowino- Oath, to wit, I A. B. do f wear ^ I will well and truly execute the Office of Clerk of the Inferior Court of Pleas and ^tarter Sejfions for the County of according to the beft of my Skill and Ability. SO HELP ME GOU. XIV. AND for the better Prefervation of WilJs, Be it further Enarled, by the wills Authority aforefaid^ That all original Wills fliall remain in the Clerk's Office atiiono- the Records of the refpedive Counties where they fhall be proved, whertunto any Perfon may have Recourfe as to the other Records, except for the Time ihe lame fhall or may be removed before any other Court, upon tnc Determination of any Controvcrfy. XV. AND be it further Enacted, by the Authority aforefaid. That the Clerk of cie.ks to tranr- every Inferior Court atorelaid, in tne Month of Oaobcr annually, ihall return to the "'" "^ "' "^^'"^ Secretary's Office a Lift of all Certificates for obtaining Probates or Aciminiftraticns creurj-Toffict!' granted by their re;pc6live Courts from Time to Time, containing the Names of the Teftators or Inteftates, their Executors or Adminiftrators, and the Names of the Securities ; which Lifts the Secretary is hereby required to caufe to be recorded in his Office alphabetically in Books lor that I-'urpole, and ffiall and may take and receive Two Shillings and Eight Pence, Proclamation Money, for every lucl therein-mentioned. to rema?n he Clevk's Office. every luch Order Rencies uf the XVI. ANB be it further EnaBed, by the Authority aforefaid. That the At- Attorney c-ne- torney General is hereby authorized and required to appoint a Deputy in each "' " ^'''"''"' * County within this Province ; which faid Deputy ffiall and may profecute all Mat- CoumJ.'" ""' ters cognizable in the Inferior Court of Pleas and Quarter Seffions for and in Behalf of his Majcfty, and ffiail take and receive Thirteen Shillings and Four Pence, Pro- clamation Money, on each and every Bill of Indidlment'' found, or Prefentmenc made, in the faid Court in which he or his Deputy ffiall be. _ XVII. AND be it further EnaSied, by the Authority aforefaid. That the faid Infe- Co«rt, to i.,y a rior Courts of Pleas and Qtiarter Seffions rel'pedively ffiall, and they are hereby '^;'i^7 ^ """' authorized and impowcreJ, annually, between the Firft Day of May and the Firft Coumy. Day of November, to aflefs and lay luch Tax on the taxable Perfons in their relpec- tive Counties, as ffiall be fufficient to defray the contingent Charges of the fame; which Tax ffiall be colleded by the Sheriff, and paid and accounted lor in the fame Manner as Public and Pariffi Taxes are or ffiall be by Law direifted, and by him accounted for and paid to the Court, or their Order, (b) (c) XX. the Peace being made by any Perfon or Perlons lor any Matter or Thing, Debt or Damac^e, cognizable in the Inierior Courts of Pleas and Qiiarter Seffions of this Province, °to grant an original Attachment againft the Eftate of any Perfon abfconding or con- cealins: AND be it further Enacted, by the Authority aforefaid. That any Juftice of Attachment re- t ffiall and may have Power, and is hereby authorized, upon Comi^laint """'''^' '" ^"- (b) Tht; latter Part of the 17th, and the whole 18th Claufe, provided for, by Aft Dec 17-0 Chaj;. 43. • ] ' I, , (c) Seaion ic, relating to Attachments, provided for, by A61 Dec. 1770, Chap. 43. 28o LAWS oj North-Carolina. J. D. 1762. cealing, and removing himfelf out of the County, returnable to fuch Court, ob- ^-^■V— ^ ferving therein the Rules and Reftridtions direfted for granting original Attachments returnable to the Superior Courts of Juftice ; and all Sheriffs, and other Officers, fhall execute and return the fame, and obferve the Rules ana Diredions appointed to be obferved in executing Attachments returnable to the Superior Court •, and the like Judgment, Recovery, Relief, Remedy, and Proceedings, fliall be had there- upon, as in the like Cafes is grantable in the faid Superior Courts. Procefs h"w if- XXI. AND bc tt fuTther Enacted, by the Authority aforefaid. That all original fuea & rauined. pj-Q^efs by Writ, Summons, Petition, or any other Manner or Means, and all fubfequent Procefs thereupon, to bring any Perfon or Perfons to anlwer to any Aftion, Suit, Bill, Information, or Plaint, in any Inferior Court of Pleas and Quarter Seffions (except Subpoenas to fummon Evidences, which may be made returnable immediately) Ihall be ifllied and bear 1 eft by the Clerk of every Inferior Court of Pleas and Quarter Seffions relpcftively, and ftiall be returnable on the Firft Day of the Sitting of the Court, and fhall be executed at leaft Five Days before the Return thereof; and if any Perlon iffues any Writ or Proceis whilft iuch Court is fitting, or within Five Days before the Beginning of the Court, fuch Writ or Proceis Oiall be returnable to the Court next after that then fitting, or beginning to fit, v/ithin Five Days as aforefaid, and not otherwile : And all Writs and Proceis ilTued, made returnable, or executed, in any other Manner, or at any other Time, than is herein before direfted, may be abated, upon the Plea of the Dciendant. provifn, in Cri- XXII. PRO VI D E D alwoys. That nothing herein contained ffiall extend, or minai Cafes. bc confttued to invalidate or vacate any Writ, Procefs, Warrant, or Precept, iffi.]cd by any Juftice of the Inferior Courts of Pleas and Quarter Seffions on any criminal Profecution, or in his Majefty's Behalf, but the lame may be returnable on any Day in the Sitting of the Court ; and the Proceedings in all criminal Cafes fliall be had according to the Laws and Statutes of Great Britain and this Province ; any Thing herein contained, to the contrary, noLwithftanding. Proceed, whore XXIII. AND be tt furthcr EnaSIed, by the Authority aforefaid. That when any ihe'sheiifFTnCi" WVit or Procefs fhall iffiie to take the Body of any Perfon or Perfons to anfwer Ml Cafes, yj^(.Q gpy Plaintiff in any civil Aftion in any Inferior Court of Pleas and Qviarter Seffions, the Sheriff fhall return therewith a Bond, with Two fufficient Securities, for double the Sum for which the Perfon fhall be held in Arreft (Executors, Ad- miniftrator?, and Perfons fued on Penal Statutes, 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 returned fhall be found infufficient, upon Exception taken thereto, then, and in fuch Cafe, the Sheriff fhall be taken and ftand Bail for the Defendant, and the Plaintiff may proceed in his Suit to Judgment according to the Rules hereafter mentioned, and on Judgment, or Recovery, may take out Execution againft the Defendant or Sheriff, or both ; any Law, Ul'age, or Cuftom, to the contrary, notwithftanding. Provided always. That if the Defendant puts in Bail before the Time to plead given him by the Rules hereafter mentioned is expired, then the Sheriff fhall be difcharged. Provided aljo. That the Sheriff may lurrender the De- fendant in Difcharge of himfelf at any Time before final Judgment obtained againft the Defendant. E.T-,tnn to if. XXIV. A N D be it further Enacted, by the Authority aforefaid. That where any ty! 'V"/r jadg' Judgment or Decree fhall be obtained in any Inferior Court of Pleas and Quarter "'"'• Seffions, for any Debt, Damages, Portion, or Legacy, or Proportion of any In- teftates F.ftate, and the Perfon againft whom fuch Decree fhall be obtained fhall remove him or herfelf and Effefts, or fjiall refide out of the Limits of the Jurif- diclion of fuch Court, it fhall be lawful for the Clerk of the Court where Judgment was given, or Decree made, at the Requeft of the Party for whom the fame was rendered, to iffue a Writ of Fieri Facias, Capias ad Satisfaciendum, or other Procefs, under the Teft herein before prefcribed, and to dired the fame to the Sheriff, or Other L A IV S of North-Carolina. 2St Other Officer of any County in this Province, where the Defendant or Debtor, or ^' D. \j(n, his Goods, fliall be found ; which faid Sheriff", or other Officer to whom the fame *>— -nr"*--^ fhall be directed, is hereby impowered and required to ferve and execute the fame, and fhall make Return thereof to the Court where the Judgment or Decree was o-iven, in the fame Manner as if fuch Procefs had iffijed from the Superior Court of Juftice. XXV. AND for the better afcertaining what Procefs may be iffi.ied where the Proceed. whT« Sheriff ihall return that the Defendant is not to be found in his Bailiwick, It is is returnedr""' hereby Ena"ed^ That when any Sherifi' ffiall make fuch Return, the Plaintiff or Plaintiffs, in any civil Adion, may fue an Attachment againll the Efl:ate of fuch Defendant, returnable as is herein before dircfte.; for the Return of original or other fubfequent Procefs, thereupon to enforce an Appearance, or an Alias^ or Pluries Caoias, until fuch Defendant be arrefted, at the Eleftion of the jlaintiffor Plaintiffs ; and if the Sheriff Ihall return (uch Attachment executed, the Plaintiff ffiall file his Declaration according to the Rules of the Court, and be intitled to a Judgment, Proceedings on Attachments tha f.imc as in the Superior Courts, XXVI. AND be it further Enabled, by the Authority aforefaid^ That the fame Rules Methods, and Proceedings, ffiall be had, kept, ufed, and obfervtd, by the faid Inferior Courts of Pleas and Qiiarter Seffions, and Officers, in the granting, iliuincr, executing, returning, and awarding Judgment on judicial Attachments ; and the like Remedy, Recovery, and Relief, againft Sheriffs and Bail, as in like Cales is provided by Law in Suits depending in the Superior Courts of Juftice, XXVII. AND for the regular Profecution and Determination of Suits, enter- Ruks of Couttj ino- up Judgments, and Prefervation of the Records -, Be it therefore Ena^ed, by the Authority aforefaid^ That the following Rules and Methods ffiall be obferved, to wit. That the Plaintiff in every Suit ffiall file his Declaration on the Firft Day of the Court, or firft calling of the Caufe in Court ; and at the fame Time ferve the Defen- dant, or his Attorney, with a Copy thereof, if required. That if the Plaintiff fail to filehis Declaration, or appearand profecute his Suit, the Defendant may enter a Non-profs. That the Defendant ffiall enter his Appearance, and file his Plea in Writing, whether general or fpecial, the Firft Court ; and if he fails lo to do, the Plaintiff ffiall have Judgment, which in Actions of Debt ffiall be final, except where Damages are to be fuggefted on the Roll -, in which Cafe, and in all others where the Plaintiff ffiall recover in Damages, a Writ of Enquiry ffiall be executed the next Court. That the Defendant may plead as many feveral Matters as he ffiall think necefTary for his Defence, fo that he be not admitted to plead and demur to the Whole. That all Iffucs, whether general or fpecial, fhall be heard and tried the next fuc- ceeding Court, unlcfs fufficient Caufe is ffiewn to fuch Court why fuch Caufes ffiall be continued. That all Caufes at Iffue ready for Trial be firft heard and tried. That every Morion in Arreft of Judgment ffiall be argued the laft Day of the fame Court the Iffue is tried, the Defendant's Attorney firft ferving the Plaintiff's Attorney with a Copy of the Reafons in Arreft of Judgment ; unlefs, upon lufficient Realons ffiewn, and approved of by the Court, further Time ffiall be allowed. That when any fpecial Verdid fliall be found, or Demurrer to Evidence, at the Motion of either Party, Time ftiall be allowed to the next fucceeding Court for hearing. That in every Caufe, unlefs brought by Petition, if the Plaintiff recovers, or is Non-fuir, or where his Suit ffiall be difmiffed, or Judgment paffed for the Defen- dant, the Court ffiall allow in the Bill of Cofts Fifteen Shillings, Proclamation Money, for an Attorney's Fee, if the Party employed one. That the Clerk of every Inferior Court of Pleas and Quarter Seffions, where any Caufe is finally determined, ffiall enter all Pleadings and, other Matters relating N n thereto 282 LAWS of North-Carolina. A, D. 1762. thereto in a Book kept for that Purpofe, that an entire and perfedt Record may be made up. D lifoiy prevented. C'erks and She- riff s Fees for all Services. Pleas XXVIII. AND for Prevention of Delay and Vexation by dilatory Pleas, // is hereby further Enaofed, That no Plea in Abatement Iliall be received in any Adlion or Suit, unlefs the Truth thereof be fufficiently fhewn to the Court by Affidavit or otherwife ; and in all Adlions where the Declaration fliall plainly fet torth fufficient Matter of Subftance for the Court to proceed upon the Merits of the Caufe, the Suit fhall not abate for Want of Form •, and that when any Plea in i\.batement Ihall be pleaded in any A6lion, and upon Argument thereof the fame fhall be judged infufficient, the Plaintifi' or Plaintiffs in fuch Aftion fliall recover againil the De- fendant or Defendants full Cofts to the Time of over-ruling fuch Plea, including the Cod of that Court, a Lawyer's Fee only excepted, (a) XXXII. AND be it further Enacted^ by the Authority aforefaid. That every Clerk, Sheriff, and other Oincer of the faid Inferior Court of Pleas and Quarter ScTions, may take and receive the Fees herein before mentioned ; and alio, for every other Service by them refpectively to be done, fhall and may take fuch Fees and Perquifites as they could or might have done for performing the like Services by Virtue of an A6t of Affembly, intituled, ^n Act for regulating the feveral Officers Fees within this Province^ and afcertaining the Method of paying the fame : And if any Clerk, Sheriff, or other Officer of the faid Courts, ihall demand, extort, exad, or receive any other or larger Fees, or fhall refufe to do the particular Service of his Office for the Fees in this and the before recited A61 exprefled, or fliall intro- duce any new Fees, or charge any fuch tor any pretended Service when luch Service is not aftually performed, and when the fame, according to the Course of Praftice, is not neceflliry to be done ; every fuch Clerk, Sheriff, and other Officer^ for every lYich Offence, fhall forfeit and pay Five Pounds, Proclamation Money ; to be re- covered and applied as by the aforefaid Ai5l is direfted. Appeals gran:ej. XXXIII. AND for granting Appeals from the Inferior Courts of Pleas and Quarter Seffions, to the Superior Courts of Juflice, and obtaining Writs of Error to the faid Courts, Be it further Enabled, by the Authority afcrefaid. That when any Perfon or Perfons, either Plaintiff or Defendant, fliall be diflatisfled with the Judgmerrt, Sentence, or Decree of any Inferior Court, he may pray an Appeal from the Judgment, Sentence, or Decree of fuch Court to the Superior Court of Juftice oi the Diilrid wherein fuch Inferior Court of Pleas and Qiiarter Seffions is held -, but before obtaining the fame, fliall enter into Bond, with Two fufficient Securities, for profecuting the fame, and performing the Judgment, Sentence, or Decree that the Superior Court fliall enter or make thereon, in Cafe fuch Appel- lant fliall be call. gtanttd. of Error XXXIV. AND bccaufe it may happen, that in iffiiing Procefs, carrying on the Proceedings, and rendering Judgments in the faid Inferior Courts of Pleas and Qtiarter Seffions there may be Error to reverfe Judgments •, Be it EnaSfed, That when any Defendant is defirous to profecute a Writ of Error, he fhall move the Inferior Court of Picas and Qiiarter Seffions, where fuch Suit is depending, to allow a Writ of Error, he firfl entering into Bond as afore-mentioned •, and the Court is hereby impowered and required to allow thereof, as if fuch Writ of Error was then and there produced. How profecuud. XXXV. AND for carrying on and profecuting fuch Appeals and Writs of Error ; Be it Enabled^ by the Authority aforefaid. That the following Rules and Methods of Pra6life ffiall be obferved, to wit^ That when any Perfon, either De- fendant or Plaintiff, conceives he is injured by the Judgment, Sentence, or Decree of any Inferior Court, and fliall have appealed to the Superior Court in Manner above (a) The 29th, 30th, and 511I Sedions, relating to Petition and vSummons, repealed, byAfiDcc. 1770, Chap. 43. L ui W S of North-Carolina. 283 above direclcd, a Tranfcript of the Proceedings of the Inferior Court fliall be filed ^- -D- '762. with the Clerk of fuch Superior Court Fifteen Days before the fitting of the Court; and if the Tryal in the Inferior Court was of an ifiue to the Country, a Tryal de Novo ihall be had, and if on a Hearing on a Petition for a filial Portion, or Lega- cy, or Uiltribution of an Inteftates Ellate, or other Matter thereto relating, a Re- hearing at the laid Court, without 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 Superior Court, or if the Appellant fiiall fail to appear and profecute his Ap- peal, then the Judgment, Sentence, or Decree of the Inferior Court fiiall be affirm- ed, and the Appellant Ihall be adjudged to pay double Colts ; provided, that there (hall be Thirty Days between the Day of Tryal or Hearing in the Inferior Court, and the next Superior Court : But when it fo happens that there are not Thirty Days between fuch Tryal or Hearing and the Superior Court, fuch Appeal Ihall be continued, and a Tranfcript of the Proceedings rranfmitted to the Superior Court next after : And where any Defendant will prokcute a Writ of Error, he may move the Inferior Court where the Tryal is haJ, and enter into Bond, with Security, as before mentioned, whereupon a Tranfcript of the Proceedings fhall be filed with the Clerk of the Superior Court Fifteen Days before the Court, and the Party pro- fecuting fuch Writ of Error Ihall affign and file Error the firft Four Days of the Court i and in Cafe fuch Defendant Ihall negled to file fuch Writ, and affign Er- ror as aforefaid, or fhall fail to appear and profecute the fame, then the Judgment of the Inferior Court fhall be affirmed, and the Plaintiff in Error fliall be adjudged to pay double Coils ; provided that there fliall be Thirty Days between fuch Mo- tion for obtaining a Writ of Error, and the Time of holding the Superior Court, 10 th« Appellant. XXXVI AND he it further EymHed^ by the Authority aforefaid^ That in every CL-rk x» mzu Inferior Court within this Province, when an Appeal Ihall be granted, or Writ of "he Vn^ce!dtgs Error allowed, the Clerk of fuch Court fnall immediately make up a full and per- =nJ give a copy fe6l Record of all the Proceedings in fuch Caufe, and fliall, within Ten Days after the Adjournment of the Court, give an attefted Copy of fuch Record with a Taxa- tion of all Cofls accrued, to the Perfon appealing, or to whom the Writ of Error is allowed ; and every Clerk neglecting to do the fame, fhall forfeit and pay to the Perfon intitled to fuch attefted Copy, the Sum of Five Pounds, Proclamation Mo- ney •, to be recovered by Action of Debt, Plaint or Information, in any Court of Record ; and the faid Clerk ihall alfo be further liable to an Adion on the Cafe, for all fuch Damages as fuch Perfon fhall fuftain for Want thereof. XXXVII. AND he it farther Ena^ed, hy the Authority aforefaid. That if any A6tion or other Procefs ihall be commenced and prolecutcd againft the SheriiV of any County in this Province, then inft^rad of other Procefs which might be legally taken in the like Cafe againit any other Perfon, the Clerk of any Inferior Court of Pleas and Qiiarcer SefTions fhall, upon Requeft, iffue a Summons directed to the Coroner of the County, reciting x^wz Matter or Caufe charged againft fuch Sherifi"", and fummons him to appear and anfv/er the fame at the next Inferior Court of Pleas apd Qiiarter SefTions to be held for the faid County ; and if fuch Sherift' fliall not appear according to fuch Summons it fnall be lawful for the Court to award an Attachment againit the Eftate of fuch Sheriff fo failing to appear; and thereupon the like Proceedings fhall be had as in Cafes of other Attachnients. XXXVIII. AND for the better Difcovery of the Truth in any Matter whatfo- cver before the Inferior Courts, Be it EnaSfed, by the Authority aforefaid. That the Clerk of every fuch Court may, and he is hereby authorized and required, upon the Requeft of either Party, to iffue one or more Summons or Summonfes for any Perfon or Perlbns to attend as a Witnefs or Witnefits in any Caufe dependinf^ before them, dircded to the Sheriff' or other OfScerof the County where luth Witnefs or Witnefix:s do live or ufually refide, who is hereby impowcred and required to ferve fuch Summons or Summonfes ; and the Witnefs or WitnefTes thereby fummoned fhall appear according to the Tenor thereof, and every Perfon or Perlbns fo fum- N n 2 moned giinft SiKiift's m Adliojis them. sainft Summnn'es how to irtue. 284 L A iV S of North-Carolina. A. D. 1J62 Eviiienccs (a'n- nr.oned, h"V/ long t.) attend. moned and attending, (hall have the fame Allowance, and be intitled to the fame Privileges and Exemptions, as Witncffcs lummoned to any Superior Court have or may claim ; and on Failure, to attend according to luch Summons, fliall be liable to the fame Penalties, Fines, Forieicurcs, and Actions, as V/itnelTes fummoned to attend the aforefaid Superior Courts are liable and i'ubjeft to in the like Ckfes, and fiiall and may be proceeded againll accordingly -, any Law, Ufage, or Cuftom, to the contrary, notwithlhinding : And when any Witnefs is aged, iniirm, or otherwife incapable of attending ihc Court, or rtlides out of the County, luch Court, upon Motion of either Party, and the fruth thereof appearing, may grant a Dedimus, to take the Examination of luch Witncfs or Witnelics, in the fame Manner, and with fuch Notice, as fuch Commillions may be iflucd, executed, and returned, in Pro- ceedings in the Superior Courts. XXXIX. yi'iVD k it further Enacted^ by the Authority aforefaid^ That every Perfon fummoned to appear as a Witncfs in any of the laid Interior Courts in Man- ner as herein before direded, diall appear according to fuch Summons, and conti- nue to attend from Day to Day, until difcharged by the Court, or by the Party at whofe Inftance he was fummoned ; and in Default thereof, Ihall be fubjeft to the Pains and Penalties herein before mentioned ; any Law or Ufage, to the contrary, notwithftanding Procfri in the C;i:t', to Irifuior Cuu All Piccel's in till late Courts where Judgment enter- ed, ti be taktn Cugiiizjiii-e vf. Ciint^ninsce of the Aa. Further continu- ed, by Aa oa. 1764, Cliap. 2, XL. AND be it further EnaSfed^ by the Authority aforefaid. That all Caufes, Anions, Suits, Writs, Petitions, Summonfes, Plaints, l^rocefs. Recognizances, Indiftments, and Preientments whatfoever, heretotore commenced, and not yet determined, in either of the late Interior Courts of Pleas and Quarter Sellions in this Province, or fuch as fhall be returnable to, or had, or fhall have Day or Days in any of the laid Courts, or other Matters or Things in them depending, not fully determined after the puffing of this Act, fliall be tranlpofed and carried off the Dockets in each of the laid late Interior Courts into the Dockets of the feverai Courts by this Ad eftabliHied, in the la^re Order in which they ihail then ftand in the Dockets of the faid late Inferior Courts refpeftively ; and fhall be proceeded on by the faid Courts according to the Method by this Act direded, as if the fame had been originally commenced therein. XLI. AND be it further Enacted, by the /Authority aforefaid. That all Writs and other Procefs, and all Suits and Proceedings whatfoever, illued, granted, or pro- fecuted in any of the laid late Inferior Courts, wherein Judgment hath been entered or Decree made, (hall and may be taken Cognizance of by the faid Courts of the refpeftive Counties by this Act eftablilhed j and fuch Courts may refpeftively award Execution, or other necelTiry Proceedings, on fuch Judgment or Decree, in the famiC Manner as if luch Suit had been originally commenced in fuch Court by this Law hereby eftabliflied j any Law, Ufage, or Cuilom, to the contrary, notwith- •ftanding. XLII. A NB be it further EnaHed, by the Authority aforefaid. That this Aft, and every Claufe and Article thereof, flaall be and continue in Force for Two Years, from and after the Firft Day of January next, and from thence to the End of the next Seffion of AlTembly, and no longer. Preamble. CHAP. III. yf« A^. to i;npo'u;er the feverai Inferior Courts of Pleas and ^larter Seffwns to try all Caufes commenced in the late Inferior Courts, where the Debt, Damage, cr 'Thing fued for, does not exceed Fifty Pounds, Proclamation Money. I. T1| THEPvEAS by the late Inferior Court Law, Power was given to the y y JuPcices of the refpedive Courts to try all Caufes where the Debt, Da- mage, or Thing fued for, did not exceed Fifty Pounds, Proclamation Money, and there L A JV S of North-Carolina. 2S5 there beino- divers Suits commenced in the faid late Courts, and not yet determined, ■^• for the Sum of Fifty Pounds, and no Provifion having been made for the Trial of ^ fuch Caufes in the Inferior Court Law already palled by the Council and Afiembly : For Remedy v/hereof, 11. B E ii Enacted, by the Governor^ Council, and AffemVy^ and hy the Authority ^""^^^:''"" '" of the fame. That all Caules heretofore commenced in any ot the late Inferior Courts^ wherein the Debt, Damage, or Thing fued for, fhall exceed the Value of Twenty Pounas, Proclamation Money, and does not exceed the Sum of Fifty Pounds like Money, and not already determined, fhall be tried in the faid Courts, and in the fame M.inner, as if the Sum fued for did not exceed Twenty Pounds ; and the Jultices arc hereby declared to have Cognizance thereof, to give Judgment, and award Execuiion thereon, as fully and amply, to all Intents and Purpofes, as in other Cafes where the Debt, Damage, or Thing fued for, did not exceed the Value of Twenty Founds, Proclamation Money -, any Thing in the before recited Ad of AfTembly, to the contrary, in any-wife, notwithftanding. CHAP. IV. An ASl direufing the Method of appointing Jurymen in all Caufes^ a iminal and civil EXP. CHAP. V, An Atl for the hitter Cafe of Orphans, and Security and Management of their Eftates. I. T "jl T H E R E A S the greatefl: Part of the Eftates in this Province belonging Preamble. YY to Orphans are of fo inconfiderable Value that an Application to the Court of Chancery, in many Inftances, will occafion an Expence, which the Profits of them are not fufficient to defray ; and it having been found by Experience, thac the Court of each refpedive County, exercifing the Power of regulating the Edu- cation of Orphans, and the Management of their Eftates, have proved of fingular Service to them : II. BE it therefore Enafied, by the Governor, Council, and AfJenMy, and h) the Fathers to d^rpofe Authority of the fa^ne. That where any Perfon hath, or (hall have any Child or Chil- '^J^^'chudren."^ dren under the Age of Tv/enty-one Years and not married, it fhall and may be '"' lawful to and for the Father of fuch Child or Children, whether born at the Time cf his Death, or in Ventre famere, or whether fuch Father be v/ithin the Age of Tv/enty-one Years, or of full Age, by Deed executed in his Lifetime, or by his lafl Will and Teftament in Writing, in luch Manner, and from Time to Time, as he (hall think fir, to difpofe of the Cuftody and Tuition of fuch Child or Children, for and during fuch Time as he, fhe, or they fhall remain under the Age of Twen- ty-one Years, or for any lefs Time, to any Perfon or Perfons other than the People called Ghwkers, and Popifb Recufants ; and every fuch Difpofition heretofore made, or hereafter to be made, fhall be good and effedual againft all and every Perfon and Perfons claiming the Cuftody and Tuition of fuch Child or Children as Guardian, in Soccage, or otherwife •, and the Perfon or Perfons to whom fuch Cuftody and Tuition hath been, or fhall be fo difpofed or devifed, fliall and may maintain an Action of RaviOiment of Ward or Trefpafs againft any Perfon or Perfons who fhall wrongfully take away or detain any fuch Child or Children, for the Recovery of fuch Child or Children, and fhall and may recover Damages for the fame in the faid Action, with Cofts, for the Benefit of fuch Child or Children. in. PROFIDED neverthelefs. That nothing in this Ad contained fliall be Prrvifo, forQ>:»- conPcrued to hinder any of the People commonly called ^takers to make fuch Dif- ''^"* polition, or to hinder the Superior or Inferior Courts from committing the Guardi- anfhip and Cuftody of their Children to the People of that Perfuafion j and that every LAWS of North-Carolina. J. D, 1762. every Perfon or Perfons to whom fuch Tuition and Cuftody hath been, or fliall be fo difpofed or devifed as aforefaid, ihall and may take into his or their Poffeffion, for the Ufe of fuch Child or Children, the Profits of all Lands, Tenements, and Hereditaments ; and alfo the Slaves, Goods and Chattels, and perfonal Ellate of fuch Child or Children ; and may bring fuch Adlion or Adlions m Relation there- unto, as by Law a Guardian in common Soccage might do. Not to difcharge Apprentices. Guarilianialjiifine; their Tiuft, may be removed. Vtr Orphans, Pen. for N.glca Prnvifo, S- ciir.lv V txtt good. vherj Ponds Guardi, ablf to fcf, ;i Orph. gWen by Ills, pjy- lllc jjfli- Truft for Provir. J.iclgme wh-re i.t for Guardian. Duty of Guarci- ans. tV. P ROV ID ED always. That nothing herein before contained fliall ex- tend to difcharge any Apprentice from his Appienticelhip ; and the Superior Court of the Diftrift, or the Inferior Court of Pleas and Quarter Seflions of the County wherein fuch Guardian fhall refide, refpedlively, upon Complaint to them made of fuch Guardian abufing the Truft repofed in him, by mifufing the Child or Children fo committed to his I'uition as aforefaid, in being about, or intending to marry fuch Child or Children in Difparagement, negle6ting the Care of their Education fuitable to their Eftate, or wafting, converting to his own Ufe, or otherwife mif- managing fuch Eftate, to make and eftablifli, trom Time to Time, fuch Rules and Orders for placing fuch Child or Children under the Care and Tuition of any other Perfon or Perfons, fecuring the Eftate, and for the better Education and Ufageof fuch Child or Children, as they, in their Difcretion, fhall judge meet and necelfary. V. AND he it further Enacted, hy the Authority aforefaid. That the Superior Courts and Inferior Courts of Pleas and Quarter SelTions of this Province, within their rcfpedtive Jurifdiftions, have, and fhall have lull Power and Authority, from Time to Time, to take Cognizance of all Matters concerning Orphans and their Eftates, and to appoint Guardians in fuch Cafes where to them it lliall appear ne- ceflary •, and fhajl take good Security of all Guardians by them to be appointed for the Eftate of the Orphans by them committed : And if any Court fhall commit an Orphan's Eftate to the Charge or Guardianfhip of any Perfon or Perfons without taking good and Sufficient Security for the fame, the Juftice or Juftices appointing fuch Guardian fhall be liable for all Lofs and Dariiages fuftained by the Orphan for Want of fuch Security being taken ; to be recovered by Adion, at the Common Law, in any Court of Record in which the fame is cognizable, at the Suit of the Party grieved. VI. P R OVID E D always. That where the Securities were good at the Time of their being taken or accepted, but afterwards become infolvent, in fuch Cafe the Juftice or Juftices fliall not be liable. VII. AND be it further Enacted, That the Bond to be given by any Perfon or Perfons appointed Guardian as aforefaid, fliall be made payable to the Juftice or Juftices prefcnt in Court and granting fucli Guardianfliip, the Survivors or Survivor of them, their Executors or Adminiftrators, in Truft, for the Benefit of the Chiki or Children committed to the Tuition and Care of fuch Guardian ; which Bond fuch Court fhall caufe to be acknowledged before them and recorded ; and that in the Name of the Juftice or Juftices to whom the faid Bond is made payable, the Survivors or Survivor of them, their Executors or Adminiftrators, any Perfon or Perfons injured, may and fliall, at his, her or their Cofts and Charges, commence and profecute a Suit againft fuch Guardian and his Securities, Executors or Admi- niftrators i and fhall and may recover all Damages which he, flie, or they have fuftained by Realbn of the Breach of the Condition thereof, VIII. PROVIDED always. That if any Verdift or Judgment (hall pafs for fuch Guardian or his Securities, the Perfon at whofe Inftance fuch Suit fhall be commenced or profecuted, fliall pay Cofts, IX. AND be it further Enacted, by the Authority aforefaid. That when a Guardian fliall be appointed to an Orphan by any Superior or Inferior Court, iuch Guardian Ihall, at the next Court after his Appointment, exhibit an Account, up- on Oath, of all the Eftate of fuch Orphan which he or flie ftiall have rectiyed into his L A JV S of North-Carolina. 2S7 Courts Pnwr where 'hey abufe their Tiult. Ti fell ihe pe- r.iluble Eftate, his or her Hands or PofTefTion ; and every Guardian heretofore, or hereafter to be ^' D. j-j6z. by any fuch Court appointed, fliall annually exhibit his Account, and State of the Profits and Difburfements of the Eftate of fuch Orphan upon Oath ; and fuch Account fo to be exhibited, fhall be entered by the Clerk in particular Books to be provided and kept for that Purpofe only : And when the faid Courts fhall know or be informed that any Guardian or Guardians by them refpeftively appointed, do wafte or convert the Money or Eftate of any Orphan to his or their own Ufe, or do in any Manner mifmanage the fame, is about, or intends to marry him or her in Difparagemenr, or neg'ccls to educate or maintain any Orphan according to his or her Degree and Circumftances, or where any fuch Guardian or his Securities are likely to become infolvent •, fuch Court fhall have Power, from Time to Time, to make and rftablifh fuch Rules and Orders for the better ordering, managing, and fecuring fuch Eftate, and for the better Education of, and maintaining fuch Or- phans, or to appoint another Guardian, as they fliall think fit and convenient. X.' AND he it further Enar.ed^ That every Guardian, Executors, or Admini- ftrators, as foon as conveniently the fame may be done, fhall, by order of the Su- perior or Inferior Court of Picas and Quarter Sefllons, caufe the Sheriff to fell and difpofe of all the Goods and Chattels of his or her Ward as are or may be liable to pcrifh, confume, or be the worfe by ufing or keeping (except in the Inftances here- after mentioned) for the moft that can be got for the lame, by public Sale, having firft advertifed the fame at all public Places within the County at leaft Twenty Days before the Day of Sale, in reafonable Lots, and fhall, for enhancing the Price there- of, f^ive Six iVlonths Credit, upon good Security given, for which Service the She- riff fhall be allowed by the Court, fo as fuch Allowance does not exceed Two and a half/)tT Cent, and fuch Guardian^ after the Time of fuch Payment is paft, fhall take and purfue jill lawful Ways and Means to receive and recover the Money, upon Pain of being anfwerable for the fame ; and if the fame cannot be received before the Orphan intitled to receive fuch Money Hiail have a Right to demand it, or fuch Guardian ftiall be removed from his Guardianfhip, he or fhe fhall and may affign fuch Bond to fuch Orphan, and fuch AlTignment fhall difcharge fuch Guardian for fo much againft him, her, or them : And where the Profits of any Orphans Eftate Ihall be more than fufficient to maintain and educate him or her, the Guardian of fuch Orphan fhall lend the Surplus, and all other Sums of Money in his Hands be- lonoring to fuch Orphan, upon Bond, with good and fufiicient Securities, to be ap- proved of by the next fucceeding Court, and to be repaid with Intereft -, which In- tereft fuch Guardian fliall account for annually ; and where the Perfon or Perfons to whom fuch Money fhall be lent, or their Securities, are likely to become Infol- vent, fuch Guardian fhall ufe all lawful Means to enforce the Payment thereof, on Pain of being liable for the lame as aforefaid ; and an AfTignment of fuch laft mentioned Bond in either of the aforementioned Cafes, fhall difcharge fuch Guar- dian for fo much as is fpecificd in the Condition thereof. And take all lawful Mc.ins to recover the Mo— ncy, or alTign the Bond whtn the Orphan comes of Age. Prf fits irore than will irainiain the Orphan, Surplus to be lent, on Inttteft, and Means takea to fccurc it. XI. AND be it further Ena^ed, That where any Orphan fliall have Lands, and a fufficient Number of Slaves to cultivate and improve the fame, fuch Slaves, unlels otherwife ordered by the Superior or Inferior Courts, ffiall be employed on the Lands and Plantations of fuch Orphan -, and all Horfes, Cattle, Sheep, or Hogs, fhall be kept upon fuch Lands and t-'lantations until fuch Orphan comes of Age ; and he or fhe fhall have the Benefit of the Increafe, and fhall fuftain the Lofs, if any fhall happen. Slaves snd Sfrcfe to be kept 03 their Land, XII. P R OVID E D ncverthelefs. That if any fuch Stock grow too numerous, or if it will be to the Advantage of fuch Orphan, his or her Guardian fhall and may fell, by Order of the Superior or Inferior Court, fuch Part of fuch Stock as fuch Court fhall think fit; and all Plate fhall be prcferved and delivered to fuch Or- phan when at Age, in Kind, according to Weight and Qiianiity. Prcvif), where too numcjcus. Plate to Ite delt=« vcted in kind. XIIL AND, L A IV S of North-Carolina. A. D. 1762. ThcirLand3 to be firmed for no longer Time than they come of A;;e, and t'lan- taiions to be kept in rcpir. Their Linils not to lapfc. XIII. JND be it further Ena^ed, That no Guardian (hall let or farm out any L.and belonging to any Orphan for a longer Term than the Orphan be of Age, or in other Manner than by Leafe, in Writing ; and that fpecial Care be had that the Tenant Ihall improve the Plantation ; and that he or llie keep the Houfes, Orchards, and Fences thereon, or that lliall be ereded on the fame, m good and fufRcient Repair, and leave the fame fo at the Expiration of fuch Leafe ; and that Provifion be made in fuch Leafe for preventing all kind of Wafte, and employing any Timber to any other Ufe than the immediate Ufe of the Plantation. XIV. AND he it further EnaHed, That if the Guardian of any Orphan fhall fuiTer his or her Lands to lapie or become forfeited for Non-Payment of Qj.iit Rents, fuch Guardian fhall be liable to anfwer the full Value of the Lands fo lor- feited unto f^ch Orphan at his or her coming of Age: And if it fhall fo happen that any Orphan fhall not have vSlaves to cultivate his or her Lands, and the Guar- dian of fuch Orphan cannot Rent the fajiie for fufficient to pay and difcharge the Q_uit Rents thereof, and there fhall not be perfonal Eftate fufRcient for that Pur- pole, it fhall and may be lawful for fuch Guardian, with the Conftnt and Appro- bation of the Superior or Interior Court, annually, to fell or difpofe of, or ule fo much of the Light-Wood, to box fo many Pine Trees, or to fell fo much of the Timber on the fame, as fhall raife fufhcicnt to pay and fatisfy the Qiiit Rents there- of, and no more. XV. AND he it further Enacted^ hy the Authority aforefaid^ That the Juflices of every Inferior Court of Pleas and Quarter Seffions in this Province, refpeitively, fliall on the firft Day ot the Court that llvdl be held next after the firft Day o^ Janu- ary in every Year, hold an Orphan's Court for the Purpofe aforefaid ; and every Perfon heretotore appointed, or that flia«l hereafter be appointed Guardian to any Orphan by any Court, or by Deed or Will as aforefaid, fhall exhibit fuch Account as aforefaid, and the Juflices of every Court fhall, at the fame Court, examine into all Accounts of Guardians fo to be exhibited to them, and fhall dire6l a Summons to ilTue, returnable to their next Court, againft all Guardians who fhall then fail to appear and render fuch Account, whether fuch Guardian be refident in the fame or any other County, and fhall then alio enquire into the Abufes and Mifmanagement of Guardians -, and whether they, or their Securities, are likely to become infolvent, and thereupon to proceed according to the Power in this Aft before given •, and if any fuch Guardian fiiall wilfully negled, after being lummoned as aforefaid, to ap- pear, or obftinately rcfufe to exhibit fuch Account, it fhall and may be lawful for the Court to iiTue an Attachment for fuch Contempt, and to commit fuch Guar- dian until he or fhe fhall exhibit fuch Account. XVI. PROVIDED always. That nothing herein before contained fhall be conPcrued to reftrain the Power of the Inferior Courts of Pleas and Qiiarter Sefiions in enquiring, as often as they fhall think proper, into the Abufes and Mifmanagen.ent of Guardians •, but that it fhall be lawful for them to execute fuch Power at any Time or Times when to them it fhall appear n^'cefTary ; any thing in this Aft con- tained to the contrary notwithflanding. XVII. AN D he it further Enafled, That the Grand Jury of every County in this Porvince fliall, annually, at the Orphans Court to be holden for their Counties, refpeftively, be charged with, and prefent to the Juflices thereof, in Writing^ the Names of all Orphan Children within their Parifh that they fhall know have not Guardians appointed them, and are not bound out to fome Trade or Employment; and ail Abufes, Mifmanagements and Negled of fuch Guardians as live within their County. R=afon,iSie Dif- XVIII. A N D he it further Euacted, hy the Authority aforefaid. That it fhall and I'^wtilcuLians' may be lawful for every Guardian to Charge in his Account all reafonable Dif- burfements and Expences j and if, upon rendering fuch Account, it fliall appear to the I.'eVitwood may be l»!a, .ir Trees boxed, to pay the Q_i.it Rents. Orphans Court to b, held. Gmrdians to ex- hibit their Ai' counts. Abufes pcvented. Courts P.iwer at any Tjiiis: to en- q'ure into Abu- les. Grsnd Jury to g ve Arrcount of the Orphans in theit I'arilli, and of Abufes uf their Eftaies. LAWS of North-Carolina. 289 the Court that fuch Guardian hath, really and bona fide^ difburfed more in one A. D. 1762, Year than the Profits of the Orphan's Eftate do amount unto, for the Education and Maintenance of fuch Orphan, fuch Guardian Ihall be allowed and paid for the fame out of the Profits of fuch Orphan's Eftate in any other Year. XIX. PROVIDED always. That fuch Dilbuffements be, in the Opinion of J° o'/^f^^'^^l" fuch Court, fuitable to the Degree and Circumftances of the Eftate of fuch Or- eumftlnce"! phan ; and that where fuch Eftate fhall be of fo fmall Value that no Perfon will educate and maintain him or her for the Profits thereof, fuch Orphan ftiall, by ^aiYVft,^^!"'^ Direction of the Court, be bound Apprentice; every Male to fome Tradefmanj be bound out, Merchanr, Mariner, or other Perfon approved by the Court, until he (hall attain to the Age of Twenty-one Years ; and every Female to fome fuitable Employment, till her Age of Eighteen Years -, and alfo, fuch Court may, in like Manner, bind Apprentice all free bafe born Children ; and -every fuch Female Child being a Mu- latto or Muftee, until fhe fhall attain the Age of Twenty-one Years : And the Mafter or Miftrefs of every iuch Apprentice, Ihall find and provide for him or her Diet, ^ loathes. Lodging, and Accommodations, fit and neceflary •, and fhall teach, or caufe him or her to be taught, to read and write ; and, at the Expiration of his or her Apprenticefhip, fhall pay every fuch Apprentice the like Allowance as is by Law appointed for Servants by Indenture or Cuftom \ and on Refufal, fhall be compelled thereto, in like Manner ; and if upon Complaint made to the Inferior Court of Pleas and Quarter SefTions, it fhall appear that any fuch Apprentice is ill-ufed, or not taught the Trade, ProfefTion, or Employment to which he or fhe was bound, it Ihall be lawful for fuch Court to remove and bind him or her to fuch other Perfon or Perfons as they ihall think fit. Manner of binde ing Apptentieei* XX. AND he it further Ena^edy That the binding of fuch Apprentice by Order of Court as aforefaid, fhall be by Indenture, made in the Name of the pre- fiding afting Juftice of the Court, and his SuccefTors, of the one Part, and of the Mafter or Miftrefs to whom he or fhe fhall be bound, of the other ; which Inden- ture fhall be acknowledged or proved before fuch Court, and recorded, and a Counterpart thereof fhall remain and be kept in the Clerk's Office for the Benefit of fuch Apprentice ; and that any Perlbn or Perfons injured, may and fhall, at his or her Cofts and Charges, profecute a Suit thereon in the Name of fuch Juftice, or his SuccefTors, and recover all Damages which he or fhe may have fuftained by Reafon of the Breach of the Covenants therein contained •, and if any Verdidt or Judgment Ihall pafs for fuch Mafter or Miftrefs, he or fhe fhall recover Cofts. XXI. /IND be it further Kna5led, by the Authority aforefaid. That where any Pj^^ff/, *\7« Perfon who now is, or hereafter fhall be Security for the Eftate of any Orphan, likeiy to fuffcr, fhall conceive himfelf in Danger by Reafon thereof, and Petition the Court where fuch Security was entered into for Relief, it fhall be lawful for fuch Court, upon Petition to them exhibited, forthwith to order Summons to iffue, againft the Pany or Parties with and for whom the Petitioner ftands bound, returnable to the next Court •, and thereupon to compell fuch Party or Parties to give fufficient other or counter Securities, to be approved by the faid Court, or to deliver up the faid Eftate to the faid Petitioner, or fuch other Perfon as the Court ftiall direft; or they may, and are hereby impowered, to make fuch other Order or Rule therein for the Relief of the Petitioner, and better fecuring fuch Orphan^s Eftate, as to them fhall appear juft and equitable. XXII. PRO FID ED always. That fuch Court fhall take Good and fufhci- cnt Security of the Perfon or Perfons to whom fuch Eftate fhall be fo committed, in like Manner, and under the like Penalty, as is by this Adl required to be taken of Guardians appointed by the Court ; and every fuch Perfon fhall alfo exhibit his Ac- count, and be fubjecft to the Rules and Orders of the Court, in the fame Manner, to all Intents and Purpofes, as is herein before required of Guardians, or they are made fubjed unto, O o XXIII. AND Securities to be taken when E- ftite committeA 290 L A IV S of North-Carolina. A. D. 1762. XXIII AND be it further EnaSled, by the Authority aforefaid. That all Lega- ^ ~v~'-' cies, filial Portions, diftributive Shares of Inteftates Eftates, Sum or Sums of Mo- how recoverable.' Hcy, Or Other Eftate, due or owing from any I'erfon appointed Guardian to any Orphan, or from any Executors or Adminillrators, or other Perion whatfoever, fhall and may be recovered by Petition to the Superior Courts of the Dillricts, or any Inferior Courts of Pleas and Qiiarter SefTions, Refpeft being had to the Jurif- didion of the faid Court ; and that in all Suits by Petition as aforefaid, and in the faid Courts refpe6tively, the following Rules and Methods fhall be obferved, to wit^ Rules of Court. THE Petitioner fhall file his Petition In Court, upon exhibiting the fame, and thereupon Summons fhall be iffued by the Clerk of Courfe ; and that upon the Defendant's being ferved therewith, and with a Copy of the faid Petition, he fhall appear and put in his Anfwer or Plea, upon Oath, or Demur. THAT upon an Anfwer, Plea, or Demurrer being filed as aforefaid, the Peti- tioner may move the Court to have the fame fet for Hearing, and immediately ar- gued, and thereupon the Court fhall proceed to hear and determine the fame ac- cording as the Matter in Equity and Law fhall appear to them, without Regard to Form, or Want of Form in the Petition, Procels, or Courfe of Proceedings. THAT upon the Defendant's being ferved with a Summons, and a Copy of the Petition, Ten Days before the Court to which fuch Summons is returnable, and Oath made thereof, if he fhall fail to appear and plead, anfwer or demur as afore- faid, the Petitioner's Petition fhall be taken pro confejfo, and the Matter thereof de- creed accordingly, with Cofls ; unlefs on fpecial Realbns fliewn to, and approved of by the Court, Time fhall be allowed fuch Defendant to file fuch Plea, Anfwer, or Demurrer. THAT upon the Petitioner difmiffing his Petition, or the fame being difmiffed for Want of Prolecution, he fliall pay Cofls. AND if any Defendant fhall appear on fuch Summons, and fhall obftinately re- fufe to anfwer the Petition of the Petitioner, the fame fliall be taken /ro conjejfo^ and the Matter decreed as aforefaid. EVERY Defendant fliall be at Liberty to fwear to his Anfwer or Plea before any Juftice. THAT when a Plea or Demurrer fhall be over-ruled, the Defendant fliall file his Anfwer the fame Court. THAT when the Petitioner fhall be minded to difprove the Anfwer of the De- fendant and fupport his Claim, he may reply. COMMISSIONS to examine Witneftes may be awarded by the Court after Replication filed, the Party taking out fuch Commillion, giving the adverfe Party Ten Days Notice of the Time and Place of executing the lame. AND that upon a Decree being made on any fuch Petition, it fhall and may be lawful for the Court who fliall make the fame, to grant Execution againft the De- fendant's Body, Goods and Chattels, Lands and Tenements, for latisfying fuch Decree and Coils : Any Law, Ufage, or Cuflom to the contrary notwithflanding. Appeal granted, XXIV. A ND be it further Enacted^ by the Authority aforefaid. That when any Perfon fhall conceive him elf injured or aggrieved by Order or Sentence of any In-, ferior Court, in appointing a Guardian to any Orphan, or in removing any Orphan from the Care and Tuition of any Perfon who has been appointed fuch, or on Refuf- ing to make fuch Appointment or Removal as aforefaid, he may appeal from fuch Order or Sentence to the Court of Chancery of this Province, or to the Superior Court of the Diflrid, at his Option •, and the Party praying iiich Appeal, fhall file a Copy of the Proceedings of the Inferior Court therein with the Clerk of the Chan- cery, or Clerk of the Superior Court (as the Cafe may be) Fifteen Days before the Sitting of fuch Court, and thereupon it fliall and may be lawful for the Court, to which fuch Appeal is made, to proceed to re-hear the Matter, and either afiirm or reverfe, fuch Order or Sentence, and thereupon to award Execution for all fuch Cofls and Charges as fhall be occafioned by fuch Appeal. ^XV. PROVIDED LAWS of North-Carolina. 291 D. 1762. XXV. PROF ID ED neverihekfs. That the Party praying fuch Appeal, ^. before the fame ftiall be granted by the Inferior Court, fliall enter into Bond, with ^, ^„ fufficient Security, for profeciiting fuch Appeal with EfFed ; and the Payment of Boll '"^ " ^"^ all fuch Cofts and Charges as Ihall be awarded againft him in Cafe he fhall be caft in his faid Appeal. XXVI. PROVIDED alfo. That nothing in this Ad contained fhall be conftrued to refbrain or abridge the Power of the faid Court of Chancery, in any Matter or Thing relating to Orphans or their Eftates ; but the faid Court fliall and may hold, ufe, exercife and enjoy, the fame Jurifdiiftions, Powers and Authorities therein, in as full and ample Manner, to all Intents and Purpoles, as if this Ae drawn. Tirie of faving iott. A. D. 1764. Power and Authority to meet, as often as they (hall think neceflary, and caufe a Plan thereof to be made •, and therein to infert a Mark or Number to each Lot : And as foon as the faid Town fhall be laid off as aforefaid, they, and each of them, fliall have Power to take Subfcriptions for the faid Lots, ot fuch Perfons as are willing to fubfcribe for them i And when the faid Diredtors have taken Subfcrip- tions for Fifty Lots, or upwards, they Ihall appoint a Day, and give public No- tice to the Subfcribers of the Day appointed for the Drawing of the faid Lots •, which fliall be done by Ballot, in a fair and open Manner, by the Directions, and in the Prefence of the Majority of the faid Directors, at leaft j and fuch Subfcriber fhall be intitled to the Lot or Lots which fliall happen to be drawn for him, and corre- fpond with the Mark or Number contained in the Plan of the faid Town *, and the faid Directors, or a Majority of them, fliall make and execute Deeds for granting and conveying the faid One Hundred Acres of Land, in Half Acres, as aforefaid, to the Subfcribers, their Heirs and Afligns, for ever, under the Rules, Reftrictions and Provifo's, hereafter mentioned j and alfo to every other Perfon who fliall pur- chafe any other Lot or Lots in the faid Town, at the Cofl: and Charges of the Grantee to whom the faid Lot or Lots fliall be conveyed ; and every Perlon claim- ing any Lot or Lots by Virtue of any fuch Conveyance, fhall and may hold and enjoy the fame, in Fee-Simple. IV. PROVIDED neverthetefs. That every Grantee of any Lot or Lots in the faid Town fo conveyed, fliall, within Three Years next after the Date of the Conveyance for the fame, eredt, build, and finifh, on each Lot fo conveyed, one well framed or Brick Houfe, Sixteen Feet fquare at the leaft, and Nine Feet Pitch in the Clear, with a Brick or Stone Chimney, or proportionable to fuch Dimenfi- ons, if fuch Grantee fliall have Two or more Lots contiguous ; and if the Owner of any Lot or Lots fliall fail to comply with the Diredions in this Aft prefcribed for building and finifliing a Houfe thereon ; fuch Lot or Lots upon which a Houfe fliall not be built and finilhed as aforefaid, fliall be free for any other Perfon or Perfons to take up, in the fame Manner, and under the like Rules and Reflriftions, as other Lots are direfted to be granted to any other Perfon or Perfons after the Subfcription Lots are drawn for : And in Cafe any Perfon, Owner of a faved Lot J'orrutoVwher! Or Lots in the faid Town, fliall die without Heir, or legally difpoflng thereof, then, no Heirs. ' ^^d in fuch Cafe, fuch Lot or Lots fhall revert and come to the faid William Her- ritage, his Heirs and AfTigns •, any Thing in this Aft contained to the contrary notwithftanding. V. JND be it further Ena^ed, hy the Authority aforefaid. That each refpeftive Subfcriber who fliall fubfcribe for any Lot or Lots in the faid Town, fliali, within one Month after it fliall be afcertained to whom each of the faid Lots doth belong, in Manner herein before mentioned, pay and fatisfy to the Treafurer of the faid Town, Forty-five Shillings, Proclamation Money, for each Lot by him fubfcribed for : And in Cafe of the Refufal or Negleft of any Subfcriber to pay the faid Sum, the Treafurer fliall and may commence and profecute a Suit in his own Name, for the fame, and therein fliall recover Judgment, with Cofts of Suit : And the faid Treafurer fliall, as foon as he receives the faid Money, pay and fatisfy to the faid William Herritage, his Executors, Adminiftrators or Afligns, the Sum of Forty Shillings, Proclamation Money, for each Lot, in full Satisfaftion for the faid Land j and the other Five Shillings fliall be applied towards defraying the Expences of lay- ing off and improving the faid Town, as a Majority of the Direftors fliall think neceffary. VI. AND he it further Ena5led, hy the Authority aforefaid. That Francis Mack- lewean be, and is hereby appointed Treafurer of the faid Town ; who fliall enter into Bond with fufficient Security, to the Juftices of the Inferior Court of the faid County of Dobbs, in the Penal Sum of Three Hundred Pounds, that he will well and truly account with, and pay the Monies he fliall receive in Virtue of his Office, to fuch Perfon and Perfons as by this Aft he is directed : And on the Death or Re- moval Price of Lots to be paid to the Tieafurer. And Proprietor. "Tireifurer »p- yointed. LAWS of North-Carolina. •97 moval out of the County of the faid Treafurer, the remaining Diredors, or any Three of them, by Certificate under their Hands and Seals, Ihall nonfinate and appoint one other of the faid Dire6tors to be Treafurer of the faid Town ; and fo in hke Manner, from Time to Time, as often as the faid Office fhall become va- cant as aforefaid ; and fuch Treafurer or Treafurers fhall enter into Bond, with Se- curity, in the fame Manner as the Treafurer by this A6t appointed. VII. AND for continuing the Succeffion of the faid Direftors until! the faid Town fhall be incorporated ; Be it further Ena"ed^ by the Authority aforefaid^ That in Cafe of the Death, Refufal to aft, or Removal out of the County, of any of the faid Directors, the remaining Directors, or the Majority of them, fhall affemble, and are hereby impov/ered, trom Time to Time, by Inftrument in Writing, under their Hands and Seals, to nominate fome other Perfon, being a Freeholder in the faid Town, in the Place of him fo dying, refufuig to ad:, or removing out of the County ; which new Direftor fo nominated and appointed, fliall from 'thenceforth, have the like Power and Authority, in a!l Things in the Matters herein contr.ined, as if he had been exprefsly named and appointed in and by this A6t. A. D. 1762. SucctfTion of Di- ledlorstonilaued. Campbellton tcftcd. CHAP. XIV. Jn A^ for eftablifhing a Town on the Lands of John ajtd William Ruffell, Minors^ Sons of John Rulfell, decea/ed, on the Wefl Side of the North- Weft Branch of Cape-Fear River, near the Month of Crcfs-Creei^ by the Name of Campbellton, and other Purpofes. 1. TT 7 HERE AS the eflablifhing a Town on the Lands of John and William PtWate, y Y Ri^ff^lk Minors, Sons of John Rujfell, deceafed, on the IVeJi Side of the North-lVefl Branch of Cape-Fear River, near the Mouth oi' Crofs Creek, will greatly encourage honeft and able Traders to rende therein ; by Means whereof, the Trade of the Counties of Anfon and Rowan, which atprefent centers in Charles-Town, Sotith- CaroHnay to the great prejudice of this Province, will be drawn down to the faid Town : And whereas the eredting a Town on the faid Lands will be of great Bene- fit and Advantage to the faid Minors, in as much as the Lands adjoining thereto will become of much greater Value : Therefore, II. B E it Enacted, by the Governor, Council, and Affcmbly, and by the Authority of the fame. That the Honourable John Sampfon, Efq; Cornelius Harnett, Maurice Moore, Hugh PFaddle, JViliia:-n Dry, Hector M'-Neil, Walter Gibfon, Alexander M'-Alifier, Richard Lyon, William Bartram, and John Wilcocks, Efquires, are hereby appointed CommifTioners, and are veiled v/ith full Power and Authority, to lay off One Hundred Acres of Land, Part of a Trad of Six Hundred and Forty Acres, belonging to John and William Rufj'cll, Minors, Sons of John Rujfell, deceafed, fitu- ate on the Weji Side of the 'North-Weft Branch of Cape-Fear River, below the Moiith of Crofs Creek, for a Town, by the Name of Campbellton : And the faid CommiiTioners, or the Majority of them, are hereby diredted and impowered, to lay out the faid One Hundred Acres of Land, as loon as conveniently may be, after the pafTing of this Ad, into Lots of Half an Acre each, with convenient Streets, and a Square, for Public Buildings. III. AND be it further EnaHcd, by the Authority aforefaid. That when the Lots to be drawhi? GommiiTioner?, or the major Part of them, have laid out tlie faid Town into Lots and Streets as aforefaid, which Lots being regularly numbered, and Subfcriptions taken for Fifty Lots, or upwards, they fhall appoint a Day for drawing the faid Lots, and give Public Notice thereof, at leafl: Three Months before drawino- the fame, which fliall be by Ballot, in a fair and open Manner, in their Prefence • and the Subfcribcr fliall be inticled to the Lot which fhall happen to be drawn for him and correfpond with the Number contained in the Plan of the faid Town -, which P p Lot 2q8 laws of North-Carolina. J. D. 1762. Lot or Lots, the CommiiTioners before appointed, or the Majority of them, are v.— -'y-^ hereby im^owered to grant, convey, and acknowledge, to the Pcrion or Perfons fo drawing the fame, and his Heirs and AfTigns, for ever, in Fee-Simple, upon the Payment of Three Pounds, Proclamation Money, to the Trealurer herein after named, Treafurer ap- YV . AND be it further EnaBed^ hy the Authority aforefaid. That Richard Lyon, pointed. ¥.((];, be, and is hereby appointed Treafurer and Receiver of all fuch Sum and Sums of Money which fliall arile by the Sale of the faid Lots, for the Ufes hereafter men- tioned : And on the Death, or Departure out of the Government of the laid Trea- furer, the faid Commiflioners, or the major Part of them, Ihall appoint fome other Perfon Treafurer, in the Place of the faid Treafurer. To give Security, V. AND he it further Ena^ed, hy the Authority aforefaid^ That the Treafurer herein appointed, and every Treafurer that Ihall or may be hereafter appointed by the CommiCTioners as aforeiaid, fliall give Security to the Inferior Court of the Coun- ty, in the Sum of One Thoufand Pounds, Proclamation Money, that he (hall and will account with, and pay in all the Monies he fliall receive by the Sale of all and every the Lot and Lots that fliall be fold. Yearly, on the Firfl: Day of January^ into the Hands of the Guardian or Guardians of the faid Minors John and William Rnjfelly for the fole Ufe and Benefit of them the faid Minors. Time of faving VI. P ROVIDED (ilways. That if any Lot or Lots fliall be granted and ''"'* conveyed by the faid Commifli§n-rs, to any Perfon or Perfons whatfoevcr, who fliall not, vyithin Three Years, build a good'fubft:antial habitable framed Houfe, not of lefs Dimenfions than Twenty Feet of Length, and Sixteen Feet wide, exclufive of Sheds, or make fuch Preparation for fo doing, as the Commiflioners, or the major Part of them fl:tall, on View, think reafonable ; fuch Grant or Conveyance fliall be void, and it is hereby declared void and of none Effed, as if the fame had never been made : And the Commiflioners may grant and convey fuch Lot or Lots which fnall not be built on within the Time, and in the Manner as is herein before direft- ed, to any other Perfon or Perfons' applying for the fame, and paying the Money for the faid Lot as in this Ad is before direded, for the Uie of the faid Minors John and William RuJfelL p.rtofBiai.n VII. AND whcrcas Part of thc faid One Hundred Acres of Land, whereon added to cumbe,- j]^g ^^|j To^u of Camphelltoit is hereby intended to be built, is in Bladen County; and the Inhabitants of Cuwherland County have petitioned, that fuch Part thereof may be added to Cumberland^ and that the Court-Houfe, Prifon, and Stocks, be removed to, and ereded in the faid Town; Beit Enabled, by the Governor, Council^ and AJ}e;nbly, and by the Authority af the fame. That fo much of the faid Land, being in Bladen County, as fliall be judged neceffary for efl:ablifliing the faid Town, by the Commiflioners herein before appointed, or the Majority of them (provided the fame do not exceed One Hundred Acres of Land) is hereby annexed to, and declared to be Part of Cumberland County ; any Law, Ufage, or Cufl;om, to the contrary in anywife notwithflianding. D.v;dmg La.e. VHI. AND Ve it further EnnBed.^ by the Authority aforefaid. That the Commif- fioners herein before appointed, or the Majority of them, are hereby impowered and direded, to run an Eafi Line down to the River ; beginning at the Dividing Line between Cumberland and Bladen, Two Hundred Poles below the Mouth of Crofs-Creek ; which Line being fo run, as above direded, fliall be henceforth taken and deemed to be the Dividing Line between the Counties of Cumberland and Bladen ; any Law, or Ufage, to the contrary notwithfl:anding. Tr: for Court- IX. AND be it further EnaHed, hy the Authority aforefaid. That the Jufl:ices '""'''''■ of the faid County of Cumberland, are hereby impowered and direded, to lay a Yearly Tax, not exceeding One Shilling, Proclamation Money, for Two Years, commcncina: L A fV S of North-Carolina. 299 commencing the Firft Day of January next, to be paid and collected as other Pub- ^- D- 1762. Jic Taxes are, and to be applied towards building a Court Houle, Prilbn, and '^ — ^ ^ Stocks. X. A N D be it further Enacted, by the Authority aforifaid. That as Toon as fuch Co.irt? to be he.d Court-Houfe and Prilbn fhall be built, that then tne Courts of tiie faid County of '" '^^'""• Cmnberland, (hall be hdd in the laid Town, and at no other Place whatloever ; and all Matters and Suits therein depending and undetermined, in the Court of the faid County ot Cumberland, fliall Hand adjourned to the Court to be held at the faid Town of Campbellton, XI. AND be it further Ena^ed, by the Authority aforefaid, That the faid Juftices ou Co^ut iiouf* may make Ule of the old Court-Houle and Pnlon, tor the Ui'e of the faid Court- Houie and Gaol, to be built in the faid Town as aforefaid, or by felling the fame, and applying the Money ariling by luch Sale, towards crcding the faid Buildings in the faid 1 own. C H A P. XV. An All to lay a Tax on the Inhabitants of the fever al Counties of the Diflri^ of Halifax s^ Aa f.r«ary Superior Court, to repair the Public Prifon thereof, and other Purpofes. ' '^^■^' ^^ ^- ^'* Pilvate.' I. T T 7 H E R E A S the Public Prifon of Halifax Diftria, has, by Experience, Y Y been found to be infuificient for the fate keeping ot Friloncrs committed to the lame : For Remedy whereof, II. B E it Enacted, by the Governor, Council, and Affembly, and by the Authority T«es \i'i (ot of the fame. That a Poll- fax of Eight- Pence, Proclamation Money, be, and is 0^""° ^^' hereby laid on each Taxable Perfjn within the County of Halifax -, and a Poll-Tax of Four- Pence, Proclamation Money, on each Taxable Perfon withm the Counties of Northaviplon, Ed^^co:nb, Granville, and Johnfton, for the enfuing Year ; which faid Tax l"hall be paid, coUetled, and diftrained for by the Sheriff of each County refpeclively, in the fame Manner^ and under the like Rules, Fines, Forfeitures, and Penalties, as other Taxes are by Law to be colledted, paid, and diftrained for; and fuch Tax, when fj coUefted by the faid Sheriffs, fhall be paid into the Hands of i}iiz\\Qx\o\^Xd}o\c Alexander M-Culioh, Efq; John Bradford, and Blake Baker, Efqrs. or the Majority of them, on or before the TePith Day ot January, which fhall be in the Year of our Lord One Thoufand Seven Hundred and Sixty-four ; who are hereby impowered and directed, or a Majority of them, to agree with Workmen for repairing the Prifon, in the Town ot Halifax, erecting a Wall round the fame, and building a Gaoler's tloufe thereto, in ilich Manner as the faid Commiffioners, or the Majority of them, fhall think moft proper : And the Money to be collefted and paid, Ihall, by the laid CommiiTioners, or the Majority of them, be applied towards paying fuch Workmen as aforefaid ; and the Overplus, if any, fhall by them be difpoled of towards defraying the Public Charges of the Diftridl oi Halifax Superior Court. III. AND be it further Enacled, by the Authority aforefaid. That if any, or sheriffi to coiicn either of the faid Sheriffs atbrcmentioned, fhall fail or negleft to pay the Money, to '«• be coUeiled by Virtue of this Ad, into the Flands of the faid CommiiTioners, or the Majority of them, on or before the faid Tenth Day of January, it Ihall and may be lawful, and the aforefaid CommiiTioners, or the Majority of them, are hereby required to proceed againft fuch SheriiT lb negleeling, in the Superior Court of Ha- lifax Diftrift, or either of the Superior Courts within this Province, in the like Man- ner as Sheriffs are to be proceeded againft in other Cafes for Non-Payment of Pub- public Monies which they fhall have received. IV. ANH Pp 2 300 L A IV S of North-Carolina. A. D. 1762. VI. AND he it further EnaSled, by the Authority aforefaid^ That after fuch V"^^ -' Buildings and Repairs fhall be made as atorefaid, when any Perlon or Perl'ons with- c.mmiucd to in the Diftrift ot Halifax Superior Court, fhall be apprehended for any criminal Gaol. Offence, that on a Conviction thereof, would incur the Lofs of Life or Member, it fhall and may be lawful for the Inferior Court, or Juftice of the Peace, as the Cafe may be, before whom an Examination of fuch Criminal fhall be had, if fuch Court or Juftice fhall think it necefTary, to commit fuch Criminal to the aforefaid Gaol •, and the Sheriff" of the County wherein fuch Criminal fhall be, is hereby di- reeled and ordered to convey fuch Cri ninal to the faid Gaol, and deliver him or them to the Sheriff, or Keeper thereof-, and take a Receipt for fuch Prifoner or Prifoners from the faid Sheriff, or Keeper j which fhall be his Difcharge for fuch Criminal or Criminals, Gioi Keeper to V. A N D be it further Enacted^ by the Authority aforefaid^ That after fuch be tmpi«yed. ^.^lidings and Repairs fhall be made as aforefaid, the Sheriff of the County of Ha- lifax, for the Time being, is hereby required and dire6ted, when any Criminal fhall be committed to the faid Gaol, to employ fome Perfon of Integrity to be Keeper thereof; who fhall conflantly refide in the faid Gaoler's Houfe during the Time fuch Criminal fhall be in Gaol ; and fhall alfo take all lawful Means for prevent-^ ing fuch Criminal from efcaping. chargts t6 te VI. AND be it further Enaofed, by the Authority aforefaid. That all incident piiJ by the I'ub- ci-jarges attending the Commitment and Keeping fuch Criminal or Ciiminals, fhall, if fuch Criminal or Criminals have not fufhcient Eftate to fatisfy the fame, be paid by the Public. CHAP. XVI. This Aft had its An A'cl to impoiver Thomas Bonner, Jun. late Sheriff to receive and colUEl the Ar^ ^^"^' rears of Taxes due in the Counties of Beaufort and Pitt, for the Tear One Thoufand Seven Hundred and Sixty. Provide! for by C H A P. 1 7. An Asi to eftobUfh a Public Road from the Court-Houfe, in Currituck the Road Aft. CouHty, acrofs the great Swamp., to the Bridge on North River', near the Indian Town. iS. An AB for dejlroying Vermin in the County of Orange, and other Counties therein mentioned. EXP. This Aft haditi 19- ^'^ -^^ ^° enable the Commiffwners of the Church of Edenton to dif- *ff'^«< charge the Contract by them made with the Workmen employed in finifhing the Infde of the faid Church. CHAP. XX. An A£l for enlarging the Time allowed for faving Lots in the Town of Hertford, and other Purpofes. rrhm. I- T T 7 H E R E A S by one Aft of Affembly, paffed in the Thirty Second Year Yy of the Reign of his late Majefty, intituled. An Att for eftablifhing a Town on the Lands of Jonathan Phelps, in Perquimans County, among other Things, it is provided. That the Grantee of every Lot in the faid Town fhall, within Three Years after obtaining a Conveyance for the fame, ered: and finifh thereon a Houfe, of the Dimenfions therein fpecified -, and on Failure thereof, every Lot whereon fuch Houfe fliall not be fo erefted, fliall be re-vefted in the Direftors of the faid Town by the faid A6t appointed •, and whereas the Time limited by the faid Aft has been found too fhort to complete the Buildings on the faid Lots, whereby many Perfons are now likely to forfeit the fame ; II. BE LAWS of North-Carolina. 30c II. B E it therefore Enacted hy the Governor^ Council^ and /ffembly, and by the Authority of the [amey That every Lot in the laid Town on which a Houfe Ihall be erected and built, of the Dimenfions mentioned in the laid Adt, within the Space of Five Years next after the palTing of this Ad, and alio every Lot therein which fhall hereafter be fold or conveyed, on which fuch Houfe fhall be erefted within the Space of Five Years after the Date of the Conveyance made for the fame, fhall be, and is hereby declared to be veiled in the Grantee thereof^ in Fee-Simple j any Thing to the contrary in the faid recited Ad, notwithftanding. III. AND whereas fuffering wooden Chimnies to be built in the faid Town may occafion Accidents by Fire, Be it further EnaEled, hy the Authority aforefaidy That no Peribn whatibevcr Ihall hereafter ered any wooden Chimney in the faid Town ; and every Perfon who hath already built any fuch wooden Chimney therein, fhall pull down the fame within the Term of Five Years next after the paffino- of this Ad ; and if any Perlon or Perfons fliall prelume to ad contrary hereto, in ercding any wooden Chimney in the faid Town, or in failing to pull down or re- move, within the Time afore-mentioned, any fuch wooden Chimney by him already erected therein, the Directors mentioned in the before recited Act, or any Two of them, are hereby authorized, impowered, and required, to pull down and deftroy every fuch Chimney, and Ihall not be hable to an Action or Damage for fo doino-; and if the Directors, or any of them, Ihall be fued for the lame, they may plead the General IlTue, and give this Ace in Evidence. A. D Woodtn nies not built. Chim. to be IV. AND be it further Enacted^ by the Authority aforefaid. That the faid Di- rectors, or any Three oi them, (hall and may, and are hereby authorized and im- ■powered, to make and execute Deeds for granting and conveying to every Perfon and i^erfons, who already have purchafed, or hereafter fhall purchafe, any Lot or Lots in the faid Town ; and every Perfon claiming any fuch Lot or Lots by Virtue of any fuch Conveyance, ihall, and is hereby declared to have an indefeafible Eftate, in Fee- Simple, in the fame. Direflcrs M grant Lgts. CHAP. XXL An Act for altering the Method of working on the Roads^ and appointing Public Ferries^ p.ovidea for b/ witbing the Counties of DupYin, Cumberland, Rowan, ^W Anfon. theRuadAa, CHAP. XXII. An Ail to apply the Money already levied on the taxable Inhabitants ""''" Parifh the Sum of Two Shillings, Proclamation Money, for each Veftryman he fhall fo fummon. Pfn.on SheiirT for net fun,m< n- jng, and his Fee for rumiiioning In. AND that the Eledion may be made in a fair and open Manner, Be it Enacted, by the AvAhority aforefaid^ That at all Elections of Veltrymen hereafter to be made, the Sheriff of the County, or his Deputy, fliall attend at the Court Houfe of the County, or Place where the County Court is held, or ufual Place of cltfting Veftrymen, and there to take the Votes in the following Manner, that is to fay t He fhall open the Poll at Ten of the Clock in the Forenoon, and after Proclamation to the Freeiiolders to come and give their Votes for Veftrymen, (hall take a Lift of the Names of the Voters who fhall give their Suffrages, which fhall be for neither more nor lefs than Twelve ; and the Votes fhall be given openly, and the Poll kept open till Sun-fet ; and the Sheriff fnall then caft up the Number of Votes given for each Candidate, and declare the Twelve who fliall have the greateft Number of Suffrages, to be duly elected ; and in Cafe of an Equality of Votes among any of the Candidates, the SheriiT fliall have the calling Vote, and in no other Cafe ^ive his Vote. M.mner of Elee* tion of V^ll.y- mcn. IV. AND to prevent Difputes concerning who fhall be underfiood to be a Freeholder capable of voting for Veftrymen, Be it further Enacted^ hy the Authority aforefaid. That every Perfon in actual Poffeffion of ah Eftate real, for his own Life, or the Life of fome other Perfon, or an Efcate of greater Dignity, of Fifty Acres of Land, or a Lot in fome Town, faved according to Law, in the Parifn of which fuch Election fhall be made, and no other Perfon whatfoever, fliall be deemed a Freeholder within the Meaning of this Act : And any One of the Candidates may, who in Cafe he fufpects any Perfon going to give his Vote hath not a Freehold within the Meaning of this Act, object to fuch Perfon giving his Vote, and require the Sheriff to tender him an Oath or AlBrmation, concerning his Qiialification ; which Oath or Affirmation the Sheriff is hereby impowered and directed to adminifter, in the following Words, to wit. Qin'ific:ticn Vutcrs, iray hi fworn, ou Ob« YO Ufljallfwcar (or affirm) that you are in actual Poffeffion of a Freehold of Tifty Acres of Land, in your own Right, or the Right of jome other Perfon ; or a Lot in the Town of faved according to Law, in the Pariflo of and that you have net given your Vote before in this Election. SO HELP YOU GOD. V, AND be it further EnaHed, That no Perfon under the Age of Twenty One ^aLat undtr Years fhall be t leceed a Veftryman, or give his Vote for the Election of Veftrymen OdiVyrn/" '" in any Parifh. VI. AND to enforce t\\t Attendance of the Freeholders at fucli Elections, Be it further Enacted, by the mithority aforefaid. That every Perfon qualiiicd to vote for Veftrymen in their refpective Parifhcs (the People called Shiakers excepted) is hereby required to attend, and give his Vote at the Eledion of Veftrymen, m Manner herein before directed, unlefs prevented by fome bodily Infirmity, or legal Difabi- lity, underthePenalty of Twenty ShiUings, Proclamation Money j tp be recovered by a Warrant from any Juftice ot the Peace within the County, provided that fuch Penalty be fucd for v/ithin Ten Days after the fame be incurred : And in Cafe any Perfon fnall think himfelf injured by any Order of fuch Juftice of the Pdice, he fhall and may appeal therefrom to the next Inferior Court of ]:is County, v.'ho are Q_cj herebjf Att ndarce of Vouis ;.t E'rai- ijiis, infotctdi 3o6 L A IV S of North-Carolina. A. D 1764. htreby direded and impowered to proceed and determine upon the fame in a I'um- %^-v--'- m^ry Manner. Vtn on P iT n ' b?-ing Fr h.KI r., v.,t at El;dions. V'/'ivmen to VIL AND he it further EnaHed^ ly the Authority aforefaidy That if any Perfon fliall give his Vote at luch Election ot Veftryiricn, who hach not been pofTcfTtd, in his own Right, of a Freehold ot Fifty Acres oi Land, in Manner h^rtm bclors mention d, ox Lot, laved according to Law, in fonie Town in the Parifli when ia he fhall give his Vote, inch i-'erlon lliall t.Tft.-it Five Pounds, Proclamation Mont-y ; to be recovered by A'flion ot l^ebt or Iniormaiion, in any Inferior Court of Pleas and Qiiarttr Scifi ons ; one Halt to the Inlonutr, and the other Half to the Ufe of the Panlh wherein Inch Vote fh .11 be given ; and where luch Atlion fnall be brought, the Onus Proban-di Ihaii lie upon ihe Ddendant. VIII. AND he it further Ena'^ed^ That the Hud Veftrymen (c electe ■ flirll, at the firft or fecond Meeting of the Vcdry next after fnchJ:,jection, take, before lonie Magitlrate, and in Prelcnce ot the Vtilry, the Oarhs by L^w ajpointed to be taken by Public Officers, and fhall repeat anu lublcribe, in the Viftry Book, the follow- ing Declaration, to wit, I A. B. zvili not jcje the Docrine, Dijci Une, and Liturgy of the Church of England, ai by Law cjlablijljid. And every Veftrymsn fo elected and quuliiied ihall, to all Inter.ts and ir'ui poles, be deemed uiid taken to be tl e Veftrymen ot the refpeciive Parifhes lor which they were ekcted, for 1 hree Years next lucceeJing fuch Election, {a) V o.ym-n n's- X. A N D he it Enacted, by the Authority aforefoid. That every Perfon elected l-^lpjlL (iraa^ 01" ch'jien a Veftryman according to this xicc, wlio fnall re uTe or neglect to t.ke >»s- the faid Oadis, and to repeat and fublcribc the Ttft, and alio to Uibfcribe the De- claration as atorelaid, is hereby declared to be incapable ot acting as a Veft*-yman j Aid At^r-s Ki i>e and the other Perions chofen and qualified as atorelaid, fhall eltct and choole one ch f:n ia their ^^ morc Frecholucr or Freehokiers, inftead of hin^ or them fo retufina or rtgU cting ; snd fuch Perion or Perfons lb choicn by the Veftry fluJl, avter being quil fied in Manner aforefaid, be held to be a legal Veftryman or Vcilrymcn, to all Iniei.ts and l^urpoles, XI. AND he it further Enacted, That it fhall and may be lawful for every Orthodox MinilLr inducted into any Pariih within this Province, to vote and act as one or the Vellry of his Panfli ; and he is hereby declared to have the fan e Power and Authority ,in the Veitry of the Parifli for which he is Minifter, as any otiier Veftryman haih or ought tu have. Room, M'n'ft'T t-i a^ as a Vcfirymnn. Chuidiwirdcns to DC chofen. Pen. on them for Hut liSirig ; and oihsi? \i\ bi cho f;;iun theirKo;.m, XII. AND he it further Enacted, hy the Authority aforefaid. That the Vefcry of each refpective Parifh, or a Majority ot them, fhall, and are hereby directed, within One Month after being elected and qua ificd as aforefaid, to elect and choole cut of the fuid Veflry Two Perions to execute the Office of Churchwardens ; and every Vellry fhall, and are hereby required, at ail 1 imes thereafter, within Forty Days after Eajler Mon.,ay, yearly, to elect and choofe out of the Veftry Two Perfons to execute the faid Office;, and if the Perfons elected Churchwardens as aforefaid by Virtue of this Act, or either of them, fhall refufe to execute the faid Office, he or they fo refufing, (hull forfeit and pay the Sum of Forty Shillings, Pioclaiiiaticn Mo- ney, to be recovered and applied as herein after d ire (fled ; and in fuch Ca'e the Room of him or them fo refufing, another. Veitry fhall proceed to choole, in th or other Churchwarden or Churchwardens, out of the faid Vtflrym.en. Provided, That no Perfon whatfotver fhall be obliged to feive as Churchwarden in any longer than One Year. rifli to the contrary, notwithftandino-. P '"""?'!„,„. X^^I- PROVIDED alfo, That no Mem.ber of his Majefly's Council fhall f.'vn krv:n2 as DC Compelled to ferve in the (. ;ifice of Churchwarden ; anv Thing herein contained. Churchwardens. t^^ rh^. rnnrrnt-v n,-.t-„„^l,n-,.,.i;.,^ ' XIV. AND (aj Txhe gth Claufe, relating to DiiTenters, altered, by Aft Ncv. i;68, Chap. 2, LAWS (f North-Carolina. 3°: XIV. A N D be it further Enacted, hy the Authority af or ef aid. That the Church- ^- J^- i7^'4. wardens of every Parifh Ihall purchafe, at the Expence oi' the fame, well bound Books, for keeping therein a Journal and Minute of all the Proceedifigs of the-Vef- try; in which fhall be fairly ilated, Accounts of all fuch Money as they, from Time to Time, fliall receive in Virtue of their Office, and all Difburlements made on Account of the Parifli ; and within Ninety Days after their Wardenfhip lliali expire, caufe the Clerk to«^et up, in the Court-Houle of their County, on a Court Day, Copies of fuch Accounts, and continue the fame during the Sitdng of the Court, for Infpedion of the Parifhioners ; and every Churchwarden or Clerk who fhall fail or negleft fo to do, fhall forfeit and pay the Sum of Five Pounds, Proclamation Money •, to be recovered by Adion of Debt or Information, in any Inferior Court of Pleas and Quarter Scflions ; one Half to the Ufe of the Informer, and the other Half to the Ufe of the Parifli v,'herein fuch Failure or Negleft fl:all happen. Biuks to be pro- vided for theVci- try Accounts. Churclnvnrdcna to fet up in the Couft-Houfc Co- pies of them. XV. AN D he it further Enabled, hy the Authority aforcfaid. That the Church- wardens, or in Cafe they refufe or neglcfl:, any Three of the Veflry in any Parifli, fhall have Power and Authority to call a Vcftry upon any Occafion which they lliall judge neceflary, by Summons under their Hands, direfted to the Conftables of the feveral Difiricls of each Parilli, who are hereby direded to execute the fame, under the Penalty of Ten Shillings, Proclamation Money, for each Veftryman in fuch Summons named that they fhall fail to fummon : And every Veftryman who fiiall refufe or neglect to attend the Veftry agreeable to fuch Summons, fhall forfeit and pay the Sum of Ten Shillings, Proclamation Money, for every fuch Neglect, unlefs he fhall fhew fufhcient Caufe for {q doing, to be admitted by the Veftry at their next Meeting ; which Penalties fliall be recovered and applied as herein afi;er di- rected. Churchvi'irtlens, or any 3 of the Vcftry, nr.ay call a Veftry, Penalty on thetn icg'ctting to at- tend. , XVI. AND he it further Enatled, hy the Authority aforefaid. That the Veftries of the feveral Parifhes fliall have full Power and Authority, upon the Death or Re- moval out of their refpedive Pariflies of any Churchwarden or Churchwardens, be- fore the Time limited for executing the faid Office is expired, to eleft and choofe out of the Veflry another or other Churchwardens, in the Place of the Perfon or I'erfons ib dead or removed ; and every Churchwarden fo elefled fliall ferve until the Time appointed by this Ad for Eledion of Churchwardens, under the Penalty of Forty Shillings, Proclamation IVIoney. XVII. AND he it further Enacted, hy the Authority aforefaid. That every Agree- ment and Order by the Veftry of any Parifli heretofore entered into or made, or which hereafter fliall be made or entered into, for making Provifion for a Minifter to ferve the Cure of the Parifli, fupporting the Poor, or defraying the contingent Charges thereof, fliall be, and is hereby declared good and available againft them iand their Succeffors, On D'atn, &c. of Churchwar- a^ni, Veftry to chuole others. Agreerrpnts mado by Vetlries, to bind thcin ami their Succ.ir.rs. . ^ XVIII. AND he it further Enacled, hy the Authority aforefaid. That when any Veftryman fliall hereafter happen to die, or remove out of the Parifh for which he was eleded, the remaining Veftrymen, or the Majority of them, fliall, and are hereby direded and required, to eled another Veftryman inftead of him fb dying or removing, who fliall qualify himfelf as by this Ad is direded. XIX. AND he it further Enacted, hy the Authority aforefaid. That the Veftry of every Parifli in this Province, fliall hereafter be held at the Church, or Court- Houfe, or ufual Place of holding the Court of the County j any Ufage or Cuftom to the contrary notwithftandina. Veftrymen ily« ing, &c. others tu be chafen. Vefirics whsrs held. XX. AND hi it further Enacted, hy the Authority aforefaid. That it fliall and may be lawful for the Veftries of each and every Parifli within this Province, to ap- point one or more Clerk or Clerks as Readers, to perform Divine Service at fuch ■our.. ,„;^K;„ .1,.;. f;.„„..i o..;n,.„ „. /i,„n ^ ^j,^ refpedive Veftries be appointed aces within their feveral Pariflies as fliall. ind directed. 0.1 XXL AND Veftries to Tp. point Readers, 3o8 LAWS of Nortk-Carolina. A. D. 1764. XXL A N D be ii further Enacted, by the Authority aforefaid, That the Veflry of each refpective Parifh fhall have full Power and Authority, and are hereby directed and required, between Eajler Monday and the Firft Day of November, yearly, to lay a Poll-Tax on the taxable Perfons in their Parifli, not exceeding Ten Shillings, for building Churches and Chappels, paying the Minifters Salary, purchafing a Glebe, erecting a Manfion, and convenient Out-Houl'es thereon, encouraginp- Schools, maintaining the Poor, paying Clerks and Readers, and defraying other in- cident Charges of their Parifh: And if the Veftry of any Parifh fliall neglect or re- fufe to lay a fufficient Tax to fatisfy the Miniller, and other Creditors of the Parifh ; in fuch Cafe, the Veftry fo refufing or neglecting, fhall be liable to the Action of the Party grieved, his, her, or their Executors, or Adminiftrators, for all Dama- ges which he, flie or they fhall fuflain thereby. Tncumlient to pel form D.vine Service in h s Surplice oiG wn No Vcftryman to bi Cieili of the V.ftry. Shenffs to colleft the Harifti Taxes and to give Bond Upo-t their refu- idl, Veftry may appoint a Collec- tor. Sheriff remnvcj frram his Office, before finiftiing hh Colkaion, not to dtflroy his Vowcr of colleft- ing ; and where he dies, Veftiy to employ next She. iff. Recovery of Wo. nev from Pjtjfll Culkaors. XXII. AND be it further Enacted, That the Incumbent of each and every Parifh within this Province fhall, at the Time of performing Divine Service, appear in the reading Defk and Pulpit, either in a Surplice or Gown, agreeable to the Rubrick of the Church of England, XXIII. AND be it further Enacted, by the Authority af ore f aid, ThatnoVeftry- man hereafter fhall be capable of holding or exercifing the Office of Clerk of the Veflry -, but the Veflry of every refpeftive Parifh fhall appoint fom.e other Perfon of Skill and Probity to officiate as Clerk, XXIV. A N D for the better collecting and paying the faid Tax •, Be it further Enaofed, by the Authority aforefaid. That every Sheriff in this Government fliall be, and is hereby appointed CoDeftor of all fuch Taxes as fhall be afTeffcd by the Veftry or Veftries within his County ; and within Forty Days after fuch AfTefTmcnt, fliall enter into Bond, with fufficient Securities, in the Sum of Five Hundred Pounds, to the Churchwardens of the Parifh or Pariflies within his County, that he will du- ly colled fuch Taxes, and pay the fame to the Veftry for the Ufe of the Parifh : And every Sheriff who fhall fail or negleft to give fuch Bond and Security, fhall forfeit and pay the Sum of Twenty Pounds, Proclamation Money •, to be recover- ed with Cofts, by Adion of Debt or Information, in any Court of Record, by the Churchwardens to whom fuch Bond and Security ought to have been given, to the Ufe of the Parifli : And upon fuch Refufal or Negleft of the Sheriff, the Veftry fhall, and are hereby required, to nominate and appoint fome other Perfon to col- left and receive the aforefaid Tax, who fhall give Bond and Security to colled and pay the fame in Manner aforefaid ; and thereupon fliall, and is hereby declared to have full Power and Authority to colled and receive the fame, under the like Rules and Regulations as the Sheriff could or might have coUefted the faid Taxes. XXV. AND be it further Enabled, by the Authority aforefaid. That if any She- riff who hath undertaken the Colledion of Parifh Taxes as aforefaid, fhall happen to be removed from his Office as Sheriff, or his Time of Service therein expire be- fore he fhall have compleated the fame, his Power of collecting fuch Parifli Taxes and making Diftrefs for the fame, fiiall continue as fully and amply as if he had not been removed, or his faid Office of Sheriff had not expired : And where any fuch Sherift'or other Collector fliall happen to die before he hath finiflied his Collec- tion, the Veftry fliall have full Power, and are hereby directed, to appoint the fuc- ceeding Sheriff, or another Collector, to finifli the fame; who having given Bond and Security for the Difcharge of his Office, fhall be, and is hereby invefted with the like Power and Authority for that Purpofe, as the Sheriff or other Collector fo dying had or might have exercifed. XXVI. AND be it further Enacted, by the Authority aforefaid. That if any Sherifi\, or other Parifli Collector, fhall neglect or refufe to account for "and pay the feveral Parifh Taxes that have been, or hereafter fliall be afl^elfed on the Taxa- ble Perfons of the Parifli whereof he is Collector, and wherewith he fliall be charge- able. made on Dvlin- q'uncs. L A IV S of North-Carolina. 309 able, according to the Directions of this Act, after deducting th-; Commiflions al- ^- D. 1764. lowed him, and the leveral Sums chargeable to Perfons who have no vifible Ellate v.-'-^r"*^ in fuch Parilh ; it ftiall and may be lawful for the Superior Court of the Diftridl wherein fuch Sheriff or CoUedlor fhall live, either before, or at any Time after the Expiration of his faid Office, on Motion of the Churchwardens, to give Judgment agamft fuch Sheriff or Colleftor for all the Money wherewith he (hall or may be chargeable to fuch Parifh, with Cods ; and thereupon to award Execution againfl the Goods and Chattels, Lands and Tenements, of fuch Sheriff or CoUedor, Provided^ That he have Ten Days previous Notice of fuch Motion, XXVII. AND le it further Enabled, by the Authority aforefaid^ That all fuch p..;* Ta«3 Taxes fhall be collected and accounted for by the Sheriff or other Colleaor, on or '''''" '" ^'^ ^^'^' before the Tenth Day of June in every Year; and the Sheriff or Colledor fhall be allowed Six per Cent, for his Trouble for colleifting and paying the fame ; and is hereby declared to have full Power and Authority, at any Time afttr the Tenth Day of March in every Year, upon Negled or Ref ufal of Payment of the faid Tax, or any Part thereof, by any Perfon chargeable therewith, to difbrain the Goods and Chattels of the Perlbns fo refufing or neglecting : And if the Owner thereof fhall ^''^:"^^ rmy be not pay what is due within Five Days after fuch Diftrefs is made, fuch Sheriff or Collector fhall and may fell, by Auction, the Goods fo diflrained, or fo much thereof as fhall be fufficient to fatisfy the faid Tax ; and the Sum of Two Shillings and Eight-Pence, Proclamation Money, for making fuch Diftrefs, and Charges on the Sale thereof, returning the Overplus (if any) to the Owner ; but fhall give Notice of the Sale, by letting up an Advernfement in Writing, at the Court- Eloufe of the County, the Church Door in the Parifh, or at the mofl public Place of Worfhip where there is no Church ; and by publifhing the fame among the People immediately after Divine Servvice, on the next Sunday after the Expiration of the faid Five Days -, which Sale fhall not be in lefs than Three Days, nor more than; Ten Days after Notice fo given ; and fhall be good and eflectual in Law againfl all Perfons whatfoever. XXVIII. PROVIDED always. That no Sheriff or other Officer fhall, at ^l^Hl'^^^''^^' any Time, make or take unreafonable Diftrefs, or feize the Slave or Slaves of any "n sLves, ' °* Perfon for Parifli Ta::es, if other fufficient Diftrefs Ihall be fhewn to fuch Sheriff or Collector by the Perfon on whom fuch Diftrefs is made ; upon Penalty of being liable to the Action of the Party grieved, wherein he Ihall recover full Cofts, altho' the Damages lecovered fhall be under Forty Shillings. XXIX. AND bs it further Enacted, by the Authority afcrefaid. That the Veftry Vefirits Power ta of every Parifli fhall have full Power, from Time to Time, to call any Juftice of lo Account,"^" the Peace, or other Perfon or Perfons whatfoever, to Account, on Oath, and pay =" ."^'p "!, '^"' to them the Monies in the Hands of him or them belongnig to their Parifh, or accruing or becoming due to the fame by Virtue of the Laws of this Province : And if any Juftice, or other Perfon, fhall refufe or negleft to appear and account as aforefaid, he fhall forfeit and pay the Sum of Twenty Pounds, Proclamation Money -, to be recovered with Cofts, by Adlion of Debt or Information, in any Court of Record, and be applied to the Ufe of the Parifli-, and where any Suit fhall be undetermined, the fame fhall or may be carried on by the fucceeding Churchwardens, in the Name of their Predtxc;ffors who brought fuch Suit ; and the Death or Expiration of Office of the Churchwarden or Churchwardens fhall not be pleaded in Abatement of fuch Suit, nor deemed Matter of Error ; any Law or Ufage, to the contrary, notv/ithftanding. XXX. AND be it further Enabled, by the Authority aforefaid. That the feveral /^""""y ^nJ Forfeitures and Penalties by this Aft inflicted, for which no Method of Recovery vlL^'C or Application is herein before diredted, fhall and may be recovered, with Cofts, before any Jurifdidion having Cognizance thereof; one Half* to the Ufe of the In- former, and the other Half to the Ufe of the Parifli wherein fuch Penalty fhall be ' incurred. XXXI. AND 3IO LAWS o/^' North-Carolina. 4. D. 1764. XXXI. JND le it further EnaSfed^ by the Authority c.forefaid. That if it fliall i'***r^T^ fo happen from Badnefs of Weather, or any other unavoidable Hinderance, that leflions, if the an ElcdlioH of Veftrymen for any Parifli fhall not be held upon any of the Days by J'ointed' ^7f"'v^" ^^^^ ^^ appointed for that Purpofe, that in fuch Cafe the Sheriff fhall appoint a b^d. Time, not lefs than Ten, nor exceeding Twenty Days thereafter, for eledting Vef- trymen in every fuch Parifh, and fhall fummons the Freeholders thereof to attend and eleft Veflrymen in the Manner by this Adl direfted -, and every luch Eleftion fhall be as good and valid as if made upon the particular Days herein appointed ibr that Purpofe; any Thing herein contained, to the contrary, notwithftanding. Sheriff t.) ~ni XXXII. A N D he it farther EnaSled, by the Authority aforefaid. That the She- aSt'^e'^Sic'; riff of every County within this Province, at the Court preceding every Elcftion of b.fore cveiy E- Vcftrymen, fliall publickly read this Ad, at the Door of the Court-Houfe, on the ledii/ii. Second Day of the Court, between the Hours of Twelve and One of the Clock ; and alfo give Notice of fuch Eleftion, by fetting up an Advertifement in Writino- at each Church and Chappel in the Parifh, on fome Sunday^ at leaft Forty Days before the fame : And every Sheriff failing fo to do, fliall forfeit and pay Ten Pounds, Proclamation Money ; to be recovered with Cofls, in any Inlerior Court o^ Pleas and Qtiarter Seffions, by Aftion of Debt ; one Half to the Ufe of the Parifh wherein fuch Failure Ihall happen, and the other Hall to him or them who fhall fue for the fame. thi?Aar"""^ XXXIII. A N D be it further EnaSied, by the Authority aforefaid. That this Adl fhall continue and be in Force, from and after the paffing thereof, for and during the Term of Five Years, (a) CHAP. III. An A£l to impotver the Inferior Courts of the feveral Counties in this Province to order the laying out of Public Roads, and eftablifh and fettle Ferries ; and to appoint ifhere Bridges pall be built, for the Ufe and Eafe of the Inhabitants of this Province j and to clear navigable Rivers and Creeks, (b) »03ds an-i Fer. I. "T^ E it Enactcd, by the Governor, Council, and AffembJy, and by the Authority of ri«cftabi:fl..d. J^ ^^^ j^.^^^^ ^^^^ ^j^ ^QZ'^% and Fcrrics in the feveral Counties of this Pro- vince, that have been laid out or appointed by Virtue of any Act of Affembly here- tofore made, or by Virtue of any Order of Court, are hereby declared to be Public Roads and Ferries ; and that from Time to Time, and at all Times hereafter, the spfoint Ferries, Ififerlor Court of the feveral Counties in this Province, fliall have full Power and & Jay out Roads. ^^^j-^Qj-j^y j-q appoint and fettle Ferries ; and to order the laying out Public Roads, where neceffary ; and to appoint where Bridges fhall be made, for the Ufe and Eafe of the Inhabitants of each County ; and to difcontinue fuch Roads as are now, or fliall hereafter be made, as Ihall be found ufelefs ; and to alter Roads, fo as to make them more ufeful, as often as Occafion fliall require. Co'srts Power to Road Courts to call to II. AND be it furthcr EnaSlcd, by the Authority aforefaid. That each Inferior fw^^ii" M(n'''^°cn Court within this Province is hereby authorized and impowered to call any Perfon Ddin°iuency on Of Pcrfons in their refpeclive Counties to Account, for any Monies fuch Perfon or Perfons may have in his or their Hands, by Virtue of any Difl:refs heretofore made for Default of working on any Road in fuch County ; and all fuch Monies to re- ceive and apply towards keeping in Repair the Roads and Bridges on which fuch Default was made, ^ III. AND (a) Further continued for Five Years, by Aft Nov. 1768, Chap. 2. (h) See Aft Dec. 1770, Chap. 18, for amending this Aft. Alfo Aft, Nov. 1771, Chap 2, far repealing this Aft as to the Counties of BJaden, Mecklenburg, and Guilford, L A ^V S of N O R T il - C A R O L 1 :S R -aJs hi-w laid tu:. III. y^iVZ) ^v /V//.'r//?'cr £«(767^J, That all Roads hereafrer to be laid our, fliall ^' D. 1764 be laid out by a Jury of Twelve Men, appointed by the laid Inferior Courts, re- fpectively : Wnich Jury, being Freeholders, (hall take an Oath to lay out the fame to the greatcil Eale and Conveniency of the Inhabitants, and as little as may be to the Prejudice of any private Perfon or Perfons inclofed Ground •, and thtr Damages wnich iha.l be fuilained by any private Person in la\ ing out kich Road, fhall be afcercained by the fame Jury, on Oath, who laid out iuch Road, to be equally afTdled by the Inferior C( urt of fuch County, and levied and collected by the Over- fecr of Iuch Road on the taxable Perfons which ought to work on the fame, and by him paid to the Party injured. IV. AND be it firther Ena^e.\^ That if any Perfon or Perions after the paffing this A6t, not impowered to keep Ferry, Ihall pretend to keep any Ferry, or to tranfport any Pcrlon or Perf)ns, or their Effects, tor Pay, within Ten Miles of any Ferry (being on the fame River or Water) v/hich is already, or htreaitcr Ihall be app nnted, ;uch. Perfon or Perfons fo pretending to keep Ferry, or tranfporting any Pcifjn or Perfons, or their Effe^fls, fliall forfeit and pay the Sum of Twenty "Shil- li;-:gs. Proclamation Money, tor every fuch Offence, to the nearcft Ferryman ; to be recovered by a Warrant irom any Jullice of the Peace, upon full Proof th rcof made before him. Vcn. on Pprfnns tTJi'fp; rting' fnr i'ay, uver any River within lo Miles cf a Fuiy. V. ANT^ he it further Ena^ed, That all fuch Perfons who (liall heiteafter un- P«n. on ferrymah dertake to keep any i'ublic Ferry by Appointnunt, and do not provide good and wrVaTtenXd'r"" fuilicient Boat>, or other proper Craft, and keep the lame in good and luiBcient ^ndingc^riOider. Repair, and well and fumciently attended lor the PafiT. ge ol all Travellers, and their EfieQ,.^|jjJQf^ ^^ ]^jg Bond, the Perfon who has fo received Damage fhall and may bring an Aftion of Debt againfl fuch Ferryman or Bridge Keeper, on fuch Bond, in the Name of the Chairman, and recover, for the Non-performance of the faid Condition^ fo much Damages as he, fhe, or they, fhall appear to have fuflained, and thereupon take out Execution for whatever fliall be fo recovered, and apply the fame to his. Pen. fur detai.i- her, or their own Ufe ; and it fliali and may be lawful for any Perfon detained at ing any Ferfon. ^^^ PubHc FeiTy, by Mcans of the Ferryman's not having fufHcient Boats, or other proper Crafts, and Hands, or by his neglefting to do his Duty, by a Warrant from a JuPtice of Peace, to recover of fuch Ferryman Tv/enty Five Shillings, Proclama- tion Money, for fuch Default or Negled. ovc.fem =p- XIV. AND be it further Enabled, That upon proper Application made to any R-'vTr's'Jd '''"" of the Inferior Courts in this Province for clearing navigable Rivers and Creeks m c«"ks. their rcfpedive Counties, it fhall and may be lawful for the faid Courts, and they ata' LAWS of North-Carolina. 2>'3 are hereby directed and required, to appoint ilich Overfeers cf the Roads as live ^. D. 1764.. molt convenient to fuch Rivers and Creeks, with their Companies, to do and per- w— «v**~<» form the lame, as ibon as may be, after being lb directed : And upon Negleft or Pen. for Negiea. Refufal of fuch O/erlcer, or Company, or any of them, to do and perform fuch Work or Service, upon due Proof thereof, he or they lb refufing or negle6ting, Ihall be liable to the lame Fines and Forfeitures, as for Negleft or Refufal of their Service on the Road^^ which Ihall be recovered and applied in the lame Manner. XV. AN D he it further Enacted^ by the Authcrity afcrefaid^ That if any Perfon Aj^peais giaate^. or Pcrlbns (hall think him, her, or themfelves, aggrieved by any Order or Sentence of the Juftice, or Vcrdid of any Jury appointed to lay out any Road or Roads, it fh ill and may be lawful for fuch Perfon or Perfons to appeal irom the Order or Sentence of fuch Juftice, or Verdict of fuch Jury, in any County, to the next In- ferior Court to be ndd tor the laiu County -, who are hereby impowered to hear and determine fuch Appeals in a fummary Way. Overfeers to fet up D. region Htft» at the parting of the Koacis. XVI. AND he it EnaHed^ hy the Authority afcrefaid. That all Overfeers of Roads iball caule to be let up, at the parting ot all Ruads within their feveral Dif- triits^ a Po(t or Polts, with Arms pointing the Way of each and every Road, with Diredions to the moft Public Places to which they lead, with the Number of Miles frpm that Place, as near as can be computed : And every Overfcer v^^ho fl->all neo-- lect or refufe fo to do, and keep the fame in Repair, fhall forfeit and pay, for every fuch Negled, the Sum of Forty Shillings -, to be recovered before any Juftice of the Peace, and applied as other Fines m this A(ft is diredcd. XVII. AND he it further EnoMed^ by the Authority afcrefaid^ That the feveral ^"^ *° '"^'''•"'^i Overfeers of the Roads, within Nine Months next after the palTing of this Aft, fhall actv^/ MUe!™' caufe the Public Roads within their Diftricts relpeclively, to be exactly meafured where the fame has not already been d; me •, and fhall, at the End of each Mile' mark, in a legible and durable Manner, the Number of fuch Miles, beoinnino-' continuing, and making the Numbers in fuch Manner and Form, as the Inferior Courts of the Counties fhall fcverally and refpeiftively diredt ; and every Ovcrfeer Ihall keep up and repair fuch Marks and Numbers within his Diftri6t : And every Overfeer refufing or negleding to mile mark, or to repair the Mile Marks within his Diftri6t, according to the Intent and Meaning of this Act, for the Space of Thirty Days after Notice of their being unmarked or out of Repair, flaall forfeit and pay the Sum of Twenty Shillings ; to be recovered by a Warrant before any Juftice of the Peace. .^ XVIII, AND be it further Ena^ed^ by the Authority aforefaid^ That an Act, AasrejeaUs. indtuled. An rlct for imiowering the feveral Commijfoners 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 federal Counties and Diflricts herein after appointed, in fuch -Manner as they fhall jud;_e mofi ufeful to the Public, paffed at Newbern the Twentieth Day of April, in the Year of our Lord One Thouland Seven Hundred and Forty Five ; another Act, intituled. An Act for efiablijloing Pubic Roads and Ferries, and for the better Regulation of the fame in feveral Counties, paffed at Newbern the Twelfth Day of Deumher, in the Year of our Lord One Thoufand Seven Hundred and Fifty Six ; and one other Act, intituled. An Act for altering the Method of working on the Roads, and appointing Puhlic Ferries, witlin the Counties of Duplin, Cumberland, Rowan, and Anfon, paffed at Newbern the Eleventh \y:vf oi December, in the Year of our Lord One Thoufand Seven Hundred and Sixty Two ; and every Claufe and Claufes, Article and Articles of them, and of each and every other Act and Acts, Claufe or Claufes thereof, heretofore made, within the Purview of this Act, fhall be, and are hereby feverally from henceforth repealed. CHAP. IV. An Act to fupprefs e::crjfive and deceitful Gamin?, R r EXP. CHAP. 3i4 LAWS ^North-Carolina. A. D. 1764. CHAP. V. An Act for encouraging the Culture of Hemp and Flax, and other Purpofes. (a) Ffcambie. J -^YTHEREAS by Experience Hemp and Flax have been found to grow VV extremely well in this Province, and being valuable Articles of Com- merce ior Exportation ; in Order to encourage the Culture thereof. Bounty on Hemp n ^ £ jj; Euactcd, by the Governor, Council, and JJfembly, and by the Authority ana i\zx. ^^ the fame. That every Ptrrlon who fhall cultivate Hemp or Flax in this Province, and who Ihall produce a Ctrcificate, upon Oath, of his having fo done, and figned by him or her, and atteftcd by any lawful Magillrate in the County whtrc the iame was cultivated ; and who fhall tender the Hemp c^r Flax that hath been by him or her cultivated to any Inipedor to be appointed by Virtue of an A61, intituled. An Ail to regulate the Infpe^iion of the fever al Commodities therein mentioned ; who on view- inf' the fame, fhall find it to have been Water-rotted, bright, cleanj merchanta- ble, and fit for Exportation, fhall give a Certificate to the Perlon, mentioning the Perfon's Name tendering the fame, the Time tendered, the Weight and Qualicy of the Hemp or Flax, and of his having examined, and found the Hemp or Flax mentioned in his Certificate, to have been Water- rotted, bright, clean, merchant- able, and fit for Exportation; on producing of which Certificate by the Cultivator of the Hemp or Flax, or his, her, or their Affigns, together with an Indorlement thereon, under the Flands oi the CoUcdlor and Naval Officer of the Fort from whence it may be fhipped, certifying, that the Hemp Or Flax therein mentioned, had been duly exported, the Time v.'hcn, and the Vcffcl's Name in which it was fo fliipped, to the Provincial Treafurer for the Difbi<5t where the Flemp or Flax hath been infpefted, fhall be paid to the Cultivator of Hemp or Flax as aforelaid, or their AfTi^ns, the Bounty or Premium hereafter mentioned, in the following Pro- portion, allowing One Flundred and Twelve Pounds to the Fiundrcd Weight, viz. For every Hundred Weight of He • p. Sixteen Shillings and Eight- Pence. For every Hundred Weight of Flax, Thirteen Shillings and Four- Pence ; and fo in Proportion for a greater or lels Qtiantity : Which Premium or Bounty fliall be paid by the Treafurer as before mentioned, out of the Monies in his Hands, or may be in his Hands for Contingencies, and which fhall be allowed him in his Accounts. inrpeaor's Fees HI. AND be it furthcr EnaTicd, by the Authority aforefaid. That the Infpedor Ind'ilmo" ^'''' may take and receive, at the Rate of One Shilling, Proclamation Money, ior every Hundred and Twelve Pounds of Hemp or Flax by him infpeded and found mer- chantable, and fo in Proportion for a greater or lefs Quantity, and for which he fliall grant a Certificate as before mentioned. D,.ty on Hides IV. A N B be it further Enacted, by the Authority aforefaid. That no raw or un- esported. fanned Flides, Pieces of Elides, or Calf Skins, fhall, from and after the Firft Day of May next, be exported out of this Province to any Port {Great-Britain only ex- cepted) by any Perlon whatfoever, unlefs a Duty of One Vtnuy per Pound be paid for the lame to the Colleftor of the relpeftive Ports where the lame fliall be fhipped for Exportation ; and the feveral Colleftors within this Province are hereby direct- ed not to clear out any Ship or Veflcl, having raw and untanned Hides, Pieces of Hides, or Calf Skins, without receiving the laid Duty of One Penny per Pound ; and the laid Colleftors are hereby authorifed and direded to adminifter the follow- ing Oath to the Mafter or Commander of any Ship or VefTel, viz. I A. B. do fwear, that I have not on Board my Ship or Vefjel, any raw or untanned Hides, Pieces of Hides, or Calf Skins, except what is mentioned in myprcfent Clear- ance ; and that I will not carry out any duri^tg the Continuance of this prefent Voyage. AND (a) Se: Aft Nov. 17681 Chap. 8. for further continuins this Adt. L A JV S of North-Carolina. 2>^5 A. D. 1764. Penalty for Non. Payment of the Duty. And in Cafe any Perfon fhall prefume to fliip any raw or untanned Hides, Pieces ot Hides or Calt Skins, without paying the laid Duty, the faid raw and untanned Hides, Pieces of Hides, or Calf Skins, Ihall be forteited, and applied towards paying the Bounty on Hemp and Flax ; and the faid Duty of One P^nny per Pound Ihall be iikewife applied to the faid Ufe and Purpofes ; and paid by the feveral Col- lectors to the Public Trealurers of this Province, towards reimburfing the faid Treafurers for the Bounties paid by them on Hemp and Flax. V. AND be it further Enacted, by the Authority aforefaid. That if any Collec- Pen.onCoiie£ior tor fhall prefume to clear out any Ship or Veffel contrary to the true Intent and v"n'^"^„ *""' '"'' Meaning ot this Aft, he fhall forfeit and pay the Sum of Fifty Pounds ; one half thisAtv""^'" to the Perfon who fliall fue for the fame, and the other half to the Treafurer of the Diltrid where the Offence fnall be committed ; to be recovered by Aftion of Debt, in any Court of Record, having Cognizance of the fame, and applied towards the Bounty on Hemp and Flax. VI. AND be it Enacted, by the Authority aforefaid. That this Aft fhall conti- continuance nue and be in Force for the Space of Five Years, and from thence to the End of 'his Ad. the next Scffion of AfTembly. of CHAP. VI. An A5f to a;ncnd an Act, intituled. An Aft for the Relief of fuch Perfons as have fuffered, or may fuffer, by not having had their Deeds and Mefne-Conveyances proved and regiftered within the Time heretofore appointed for fuch Purpofes ; and to prevent I^ilputes and Law-Suits, concerning Lands. i. TTf THERE AS by an Aft pafTed at Newbern, in the Year of our Lord Presmbiea y y One Thoufand Seven Hundred and Fifty-four, intituled. An Act for the Relief of fuch Perfons as have fufered, or may fiiffer, by not having had their Deeds and Mefne-Conveyances rcgifiered and proved within the Time heretofore appointed for fuch Purpofes \ and to prevent Difputes and Law Suits concerning Lands ; all Deeds or Melhe-Conveyances for any Lands, Tenements, or Hereditaments within this Pro- vince, were to be acknowledged or proved according to the Direftions of that Aft, and delivered to the Regifters of the Counties wherein they are refpeftively fituated, within the Space of Two Years from the refpeftive Dates thereof; and many Per- fon?, through Ignorance of the Purport of the laid Law, having neglefted to have their Deeds or Mefne-Conveyances proved and regiftered according to the Direfti- ons of the faid Aft : For Remedy thereof, II. B E it Enacted, by the Governor, Council, and AffemUy, and hy the Authority Deeds may be Re.: of the fame. That ail Deeds and Mehie-Conveyances of Lands, I'enements and He- Ei"hutnMomhs". reditaments, not already regiftered, acknowledged, or proved, fliall and may, within Eighteen Months after the palling of this Aft, be acknowledged by the Grantor or Grantors, his or their Agents or Attorneies, or proved by one or more of the fub- fcribing Vv^'itnelles to the fame, and tendered or delivered to the Regifters of the Counties where fuch Lands, Tenements, or Hereditaments, are refpeftively fituattd: And all Deeds and Mefne-Conveyances whatfbever, which fliall be acknowledged Deeds reginered, or proved according to the Direftions of this " Act ; and alfo, fuch as have been if^'^ YLt''de'! heretofore recorded by the Clerk, or regiftered by the Regifter of any Precinct or <:i="d good.' County, wherein the Lands or Tenements mentioned in the fame, lie, or are fituate, though not within Two Years after the Date of the refpective Conveyances, fliall be good and valid in Law, and fhall enure and take Effect, as fully and effectually, to the Ule and Behoof of the Grantees, their Heirs and AlTigns, and thofe claiming under them, as if fuch Deeds and Conveyances v/ere acknowledged, or proved and regiftered agreeable to the Directions of any Act of Afll'mbly heretofore made^ R r 2 III. AND 3i6 LAWS of North-Carolina. A. D. 1764. Foreign Hrote- ftsnts ilying fe z. ed of Linds, de- clared to be na- turalized ; and intitled to the Frivikge of na- tural born Sub- ji-fls ; and all Gifts, &c. by them made, de- clared good. Not tn extend to any Gift, &c. hereafter to be mide oy any of them. III. A N D in order to render his Majefty's Subjefts in this Province fecure in the peaceable and quiet Enjoyment of their feveral Eftates, Rights, and Properties, and to prevent all Doubts, Controverfies, and Difputes, which may hereafter arife concerning the Titles to any Lands, Tenements, or Hereditaments, which are held or claimed by, from, or under any foreign Proteflant heretofore inhabiting within this Province, by Purchafe, Difcent, or otherwife : Be it further Ena^ed, by the Authority aforefaid^ That all foreign Proteftants heretofore inhabiting within this Province, and dying feized of any Lands, Tenements, or Plereditaments, fliall, tor ever hereafter, be deemed, taken, and efteemed to have been naturalized, and inti- tled to all the Rights, Privileges, and Advantages of natural born Subjedls ; and all Gifts, Grants, Deviles, and Mefne-Conveyances, in the Law, heretofore made or done by any of them, or by any fuch foreign Proteftants, heretofore inhabiting, and being feized of Lands, Tenements, and Hereditaments, in this Province, of any fuch Lands, Tenements, or Hereditaments, fliall be deemed and taken to be as valid and effectual, to all Intents and Purpofes whatfoever, as if they had been made, done, or executed, by any of his Majefty's natural born Subje6ls of this Province : And the Heirs, Grantees, Legatees, and Feeoffees of any i'uch foreign Proteftant, holding, claiming, and enjoying any Lands, Tenements, or Hereditaments, by, from, or vinder any fuch foreign Proteftant, Iball have, hold, occupy, pofiefs, and enjoy, and be intituled to the lame, as fully and rightfully, as it the laid Lands, Tenements, or Hereditaments, had defcended irom, or been granted or conveyed by any of his IMajefty's natural born vSubjeds of this Province : Any Law, Cuftom, or Ufage to the contrary hereof, in any-wife, notwithftanding. IV. PROVIDED always, That nothing in this A61 contained fliall be deemed or conftrued to extend to any Gift, Grant, Devife, or other Mefne-Con- veyance, hereafter to be made or executed by any foreign Proteftant, now rcfiding, or hereafter to refide within this Province, CHAP. VII. Repealed by Pro- An A^ for the more effeolual fupprejjing of Felonies, and PuniJJjment of Counterfeiters of chmation. ^^^ Paper Currency of this Province, and of Virginia. CHAP. 8. An Act to continue an Act, intituled. An Act to make Provifion for paying the Chief Juftice and Attorney General's Salaries, and de- fraying the contingent Charges of Government ; paffed in the Year of our Lord One Ihoufana Seven Hundred and Fifty Eight. E X Pc An Act for deflroying Vermin in this Province. EXP. An Act for appointing Public 1'reafurers. REP. Preamble. 9 10, Tniffees appoint- ed tor building a GjoI, . C H A P. XL Aft Act for erecting in the 'Town of Halifax a PuUic Gaol, and Gaoler's Uoufe, for the Dijlrict of Halifax, in this Province. I. T"¥ TH E R E A S the Gaol formerly erefted tor the Diftrift of Halifax was YY lately burnt dov/n, and there being no Place of fufficient Strength to fecure the many Felons and other MifJoers in that Diftri6t, by which Means Num- bers of loofe and diforderly Perfbns are daily committing the moft atrocious Crimes with Impunity : For Remedy whereof, II. BE it Enabled, by the Gc^oernor, Council, and Affembly, and by the Authority of the fame. That from and after the pafllng of this A6V, Mr. Peter Copelnnd, Mr. James Young, and Mr. Nicholas Long, fliall be, and they are hereby appointed and conftituted Truftees, to defign, contrad for, and cayfe to be built and finldied, a " lubftantial L A fV S of North -Carolina. fubftantial and fufficient Gaol and Gaoler's Houle, of fuch Dimenfions and Materi- ^- D. 1764. als, and on fuch Part of the Public Lots in the f lid Town of Halifax, as to them, ^— -"v — ^ or the Majority or Survivors of them, Ihall feem moll proper •, whicii Gaol fo erected, fliall be and remain the Public Gaol of the fevcral Counties now conClituting the Diftrict of Halifax. III. AND be it further Ena&ed^ by the Authority aforefaid. That there fliall be J" 'hioaoi' levied on each taxable Perfon within the feveral Counties in the faid Diftrict, annually, "" '"^ for the Term of Two Years next after the pafTmg of this Act, the rclpective Sums following, to wit. On each taxable Perfon within the County of Halifax, the Sum of One Shilling, Proclamation Money ; and on each taxable Perfon within the Counties oi Northampton, Gran'ville, Bute, Orange, Johriftcn, and Edgcomb, the Sum of Eight Pence, Proclamation Money : Which faid relpective Taxes lliall, by the Sherill of each of the faid Counties for the Time being, be collected in the fame Manner, and under the fame Penalties for the Non-payment thereof, as is directed by Law for the collecting other Public Taxes •, and the Monies arifing therefrom fliall be paid by the faid Sheriffs refpectively to the Truftees in this Act named, to be by them, or the Majority or Survivors of them as aforefaid, applied towards difcharg- ing the Contr:;cts they fhall enqer into for the Buildings in this Act directed. IV. AND whereas by an Act of Aflembly pafled at Ncwlern, intituled, An Surplus of tha Act to lay a tax on the Inhabitants of the feveral Counties of the Jjiftri£f of Halifax Su- ?^'f,. '^''^ „/°'[ 7 r> 7 !■ ri • '• I r i liuuJing a Wall perior Court, to repair the tubUc Frijon thereof, and other Purpofes, a Poll- Tax was r.mnd Haiif..x laid on the feveral Counties of //,3///"«.Y, Northampton, Edgcomb, Granville, and John- l^^'pur^ofef o"} Jlon, for the building a Wall round the Prifon of the faid Diftrict, and for other th:s Aa. Purpofes in that Act mentioned ; which Act has not been fully carried into Execu- tion : Be it therefore Enacted, by the Authority aforefaid. That the Truftees in that Act named fliall account for, and pay unto the aforefaid Peter Copeland, James Toung, and Nicholas Loyig, or the Survivors of them, the Surplus which now is, or fliall be in their Hands, of the faid Tax, unapplied to the Purpofes in that Act mentioned, to be applied towards the Buildings in this Act directed ; and the Lot or Lots of Ground, together with the Court-Houfe and Prifon at Enfield, where the County Court ufed formerly to be held, belonging to the County oi Halifax^ are hereby vefted in the aforefaid Peter Copeland, James Young, and Nicholas Long, and the Survivors of them, to be by them fold at Public Vendue, and the Monies arifing therefrom to be by them alio applied to the Purpofes in this Act mentioned : And if the Taxes arifing in Virtue of this and the before mentioned Act fliall be more than fufficient to complete the Buildings herein directed, the Surplus thereof fliall, by the Truftees herein named, be paid to the Court of each County firft above mentioned, in Proportion to the Number of Taxables collected from each of the faid Counties, and paid by the Sheriffs to the faid Truftees. V. AND be it further Enacted, by the Authority aforefaid. That if any Sheriff '^1^%'' . '^''"'* who fhall be chargeable with any of the Taxes by this Act affefled, fliall neglect or F'.,ymcr.t°of the refufe to account for,, and pay unto the Truftees in this Act named, the whole Sums "^J^'^ fay this Aft he fliall be chargeable with in Virtue of this Act, after deducting the ufual Com- milfions for collecting, and fuch Infolvents as fliall be allowed by the Court of his County, the faid Peter Copeland, James Young, and Nicholas Long, or the Survivors of them, fliall have the fame Method of proceeding againft fuch Sheriff by Motion, as is by Law given againft Sheriffs for not accounting for other Public Monies by them received ; and fuch Proceedings fliall be good and valid in Law, in any Court of Record within this Province, Reipcct being had to the Jurifdiction of fuch Court. VI. AND be it further EnaHed, by the Authority aforefaid, That the Truftees Truftees to finift in this Act named fliall immediately proceed to the Difcharge of the Truft by this Ty^Jr^'^Ztu Act repufcd in them, and ihall caufe the faid Buildings to be finiflied within Two ^n Account of Years from the paffing of this Act at fartheft i and on the Expiration of that Term before?hTcol"t! they 3iB LAWS of North-Carolina. A. D. 1764. they fhall lay an Account, upon Oath, of their Proceedings herein, with an Account of all Monies they Ihall receive by Virtue hereof, and the Sums paid by them on Account of the faid Buildings, before the Court of each of the Counties herein nam- ed, for their Approbation. See Aa, 1768, Chap, 21. Preamble. Tax laid for re- pairing the Oiol in Scilifb'jry, &c. Applied to build- ing a npw Gi"!, bv Aa 1768, Ch.ip 21, ProceeJings a- giinft Shciifr? ne^lefling to pay the Did Xj)f. Criminals to h-. committed to thi laid Gaol. CHAP. XII. An A£l for laying a fax on the Inhabitants of the feveral Counties of the Biflrict of Salifbury Superior Court, to repair the Public Gaol thereof. 1 TT7HEREAS the Public Gaol oi Salt Jh .try Diftrict has, by Experience, Vv been found infufficient for the fafe- keeping of Felons and others com- mitted to the fame : For Remedy thereof. It. B E it Enacted, by the Governor, Council, and /Iffemhh, (ind by the Authority of the fame. That a Poll-Tax of One Shilling, Proclamation Money, be, and is hereby laid' on each taxable Perfon within the County of Rowan, and a Poll-Tax of Ei'Tht Pence, Proclamation Money, on each taxable Perfon within the Counties of /mfon and Mecklenburg, for the enfuing Year -, which faid Tax Ihall be paid, coUefted, and diftrained for, by the Sheriffs of each County refpeftively, in the fame Manner, and under the like Rules, Fines, Forfeitures and Penalties^ as other Taxes are by'Law to be coUefted and diftrained for ; and fuch Tax, fo coUefted by the faid Sheriffs, fhall be paid into the Hands of Mr. John Frohock, Mr. William Giles and Mr. John Mitchell, or the Majority of them, on or before the Tenth Day of January, which will be in the Year of our Lord One Thoufand Seven Hundred and Sixty Five; who are hereby impov/ered and direfted, or a Majority of them, to ac^ree with Workmen for repairing the faid Gaol in the Town of Salijhury, ereft- \v\e- fureih; Divifijn, V. AND be it further EnaSied^ by the Authority aforefaid. That the laid Juftices to be appointed for the County of Brunfwick, are hereby directed to meet on the Third "luefday in March next, at fome convenient Place in the Town of Brunjwick, and take the Oaths by Law appointed ior their QuaHfication •, and the Juinces of the faid County oi' Bnmju,'ick, or any Three of them, after being i'o quaUfied, fliall hold an Inferior Court of Pleas and Quarter SeHions, at the Place and Times here- in before appointed : And the faid Juitices of the Peace, and every of them, at all Times durintr their Continuance in Office, as well within their interior Courts of Fleas and Quarter Seffions as without, fhall have and excrcilc the fame Powers and Authorities, and be lubjett to the fame Forfeitures and Penalties, as other jullices of the feveral Counties within this Province are liable to, VI. AND he it further Enacted, by the Authority aforefaid. That it Ihall and may be lawful for the Jullices of the laid County to lay a Poll-Tax on the Inhabi- tants thereof, not exceeding One Shilling, Proclamation Money, per Annum, for the Term of Two Years, for building a Court-Houfe, Prifon, and Stock.'-, in the faid County, at the Town of Brunjwick j which laid Tax fhall be collected by the She- riff of the faid County, at fuch Times, and in the fame Manner, as other Taxes are collected, and lliall be paid to the Perfon or Perfons who lliall be impowercd to receive the fame. VII. AND be it further Enabled, by the Authority aforefaid. That nothing here- in contained fhall be conftrued to debar the Sheriff of the laid County of New- Hen- over or the Sheriff of the faid County of hladcn, as the fame Counties refpectivtly ftand undivided, to make Diftrcls for any Taxcs, Levies, Fees, or other Dues, that fliall be due from the Inhabitants of the faid Counties on the 10th Day ot March, in the fame Manner as by the laid Sheriifs refpcctively could or might have been done if the f;iid Counties had remained und.vided ; and the laid Taxes, Levies, Fees and other Dues, fhall be collected and accounted for ifi the fame Manner as if this Act had never been made ; any Thing herein contained to the contrary not- withftanding. Aftii-ns commen- ced before ths D vifinn not to ise defeated. Brunfwkit I'art of the Southern Biftna. Wumber of Jurors f-T Erunrwick altereii by the Jury Aa, VIII. AND to the End that no Action commenced in New-Hanover County or Bladen County, be defeated by the Divifion aforelaid; Be it Enac.ed, by the Au- rity aforefaid. That where any Action is already commenced in the County of New- Hanover, or in the County of Bladen, and the Parties or Evidences fiiall be Inhabi- tants of 5/7.'«/xi(;i County, all fubfcquent Prccefs againft fuch Parties or Evidences lliall be directed to be executed by the S\\<:x\?i oi New-Hanoi erQownty, if iuch Ac- tion was commenced in New-Hanover County, or to the SherifI"of Bladen, ir Iuch Action was commenced in Bladen County, to the End and final Decerminaticn of the faid Caufes ; any Law, Ufage, or Cuftom to the contrary notwithftanding. IX. AND be it further EnaElcd, by the Authority aforefaid. That from and after the pairing of this Act, the faid County of Brunjwick fhall be, continue, and remain Part of the Diflrict of the Superior Court of Juftice to be held at V/ilnnngton, for the Counties of New-Hanover, Bladen, Onflow, Duplin, and Cumberland; and the Juftices of the Court of the faid County of Brunfwick, fliall, and they are hereby directed, at the Court to be held for the faid County next preceding every Superior Court, to nominate Eight Freeholders, to ferve as Grand and Petit Jurors at fuch Superior Court ; a Lift of which j urors fo nominated fhall be delivered by the Clerk of fuch Court to the Sheriff, who fhall, and is hereby required to fummon the Perfons fo nominated to ferve as Jurymen at the Superior Court of Juftice held for the Diftrict of Wilmington ; which Jurymen fo nominated, fliall have and receive the fame Allowances, and fhall be under the fame Rules, Fines, and Reftrictions, as other Jurymen are in the refpective Counties of this Province ; and the Sheriff of the faid County oi Brunfwick fliall, from Time to Time, account for and pay to the Public Treafurer for the Southern Diftrict of this Province for the Time being, all Public Levies by him collected, or wherewith he fhall ftand chargeable, in^ the fame L A tV S o/North-Carolina. 321 fame Manner, and under the fame Pains and Penalties, faid Diftna:. as other Sheriffs of the ^- D. 176+. X. AND whereas the Jurors appointed by the Jury Aifl to ferve at the Supe- rior Court for the Diftri6t of Wilmington, were limited to Sixteen for the CoUnty of New-Hanovsr ; Beit therefore Enauied, by the Authority aforcfaid. That the Jufors attendincr the faid Superior Court, after the pafTing of this Ad, fhall be only Eight for the laid County oi New-Hanover ; any lliing in the aforelaid A6t for appoint- incr Jurors to the contrary notwithftanding. XI. AND he it further Ena^ed, hy the Authority aforefaid. That the feveral and refpedive Sheriffs to be commiffioned for the laid County of Brunfivick, Ihall be in the fame Manner as is direfted for appointing and CommifTioning the Sheriffs in the Other Counties in this Province-, and the laid Sheriffs lb commiffioned for the faid County of Brtmfivick, fliall account with an.l pay to the Treafurer of the Southern Diftritl all Monies which he fhall or ought to receive, in the fame Manner as other Sheriffs -, and fhall have and exercife the fame Powers and Authorities, and be lia- ble to the Fines, Forfeitures, and Penalties, as are direded and inflicted by the feveral Ads of Affembly of this Province in fuch Cafes made and provided. ■XII. ANT) he it further Enacted, by the Authority aforefaid. That the Juflices of the County of Brunfwick are hereby impowered and directed to employ, or caufe to be employed. Workmen for building a Court-Houfe, Stocks, Prilon, and Pillo- ry, in the faid Town of i^n/w/u^/V/^, for the Ufe of the faid County of Brunfivick; and the faid Court, and all Caufes, Matters, and Things in the fame depending, after fuch Court-Houfe fhall be fo built, fliall ftand adjourned from the Place where the Court fliall before have been held, to the Court-Houfe. Jurors for New- Hancver altered by the Jury Ait, sheriffs howfom- niillionedj and to account with the Southern Ttca-. furer. C urt-H.iufe to be built, and Caufes adj'juined to it. XIII. AND he it further Ena^ed, by the Authority aforefaid. That iVilliam Dry, Robert Hozve, William Bartram, Hugh Waddle, and Robert Johnjton, Efqrs. be appointed Commiffioners, and they, or any Three of them, are hereby impow- ered and directed, to run a dividing Line between the County oi Bladen and Brunf- wick County, agreeable to the Directions in this Act before- mentioned •, which faid Commiffioners fhall be paid their neceffary Expences for running the faid Lines, by the Court of their feveral Counties, out of the County Tax. '• XIV. P RO V ID E D always. That nothing herein contained fhall be conftru- ed, deemed, or taken, to derogate from the Right and Royal Prerogative of his Majefl:y, his Heirs and Succeffors, of granting Letters of Incorporation to the faid County of Brunfwick, and direding the Eledion of a Member or Members to re- prelent the faid County in General Affembly, of granting Markets and Fairs to be kept and held therein ; but that the faid Right and Prerog:irive fhall and may, at all Times hereafter, be exercifed therein by his faid Majcfly, his Heirs and Suc- ceffors, in as full and ample Manner, to all Intents and Purpofes whatfoever, as if this Ad had never been made. Commifiinners appointed fur runn'ng the di- viding Line. Royal Prerngl- tiv! oflnc^'rpori- tion fdvcd. XV. AND whereas by Reafon of the large Extent of the County of Granville, it is greatly inconvenient for the Inhabitants to attend the Courts of the faid Coun- ty, General Muft:ers, and other Public Duties by Law required : Be it Enabled, by the /Authority aforefaid. That from and after the Tenth Day of "June next, the faid County of Granville fhall be divided into two diitind Counties ; and that all tliaC Part of the faid County which is now called or known by the Name of the Parifh Q^ Granville, from and after the faid Tenth Day o{ June, fliall be a diilind County, and remain to be called Granville County -, and that all that Part of the faid Coun- ty called and known by the Name of St. John's Parifh, fliall, after the faid Tenth Day oijum^ be another diflind County, called by the Name of ^w/i? County. XVI. AND S f T!.,te erected. County 322 Bute Coart D?y? akertd, by Aft 1768, Chap. 2. Proccfs conti- nued. LAWS of North -Carolina. XVI. AND be it further Enacted^ by the Authority aforefaid. That after the faid Tenth Day of June, a Court for the faid County oi Granville lliali bt Qiiarterly held by the Jultioe. thereof, at the Place in the faid County known by the Name of Oxford, upon the Days, and on the Times by Law appointed for that Furpofe-, and alfo, that a Court for the faid County of Bute fhail be Qiiarterly held by the J uftices thereof, on the Land of Jethro Sumner, at a Place known by the Name of the Bufelo Race-Paths, upon the Third Tuefdays in February, May, Augufi, and November, in every Year, as by the Laws of this Province is or fhall be provided, and as by Commiffion, fhall be direfted to the Juftices of the faid Counties refpeftively. XVII; AND he it further Enabled, by the Authority aforefaid. That from and after the fliid Tenth JJ)ay of June next, all Caufes, Pleas, Writs, Adions, Suits, Plaints, Proceis, Precepts, Recognizances, and other Matters and Things in the faid County of Granville depending, fhall fland adjourned and continue from the pre- fi^nt Court-Houle to Oxford-, and all Appearances and Returns of Proceis fhall be made on the Days by Law appointed for holding the laid Court at Oxford; and all Suitors and Witnelfes bound to appear thereat, in the fame Manner as if the faid Court had not been removed from the prelent Court-Houfe ; and all fubfequent Procefs which fhall or may ilTue on any A6tion which fhall be commenced before the faid Tenth Day of June next, and not determined'in the faid Court of Granville, fhall be dire6ted to, and executed by the Sheriff of the County ot Granville, to the final Determination of fuch Caufes ; any Law, Uiage, or Cuftom to the contrary notwithftanding. XVIII. AND be it further Enacted, by the Authority aforefaid. That after the faid Tenth Day of June, the faid County of Bute fhall be, continue, and remain Part of the Diftrid of the Superior Court of Jufllce to be held at Halifax, for the Counties of Northampton, Halifax, Edgcomb, Granville, Johnfton, znd Orange; and the laid Juftices of the Court of the faid County oi Bute fhall and they are hereby direded, at the Inferior Court next before every Superior Court of the faid Dillrid, to nominate Four Freeholders to ferve as Grand and Petit- Jurors at fuch Superior Court. XIX. AND be it further Enacted, by the Authority aforefaid. That nothing herein contained fhall be conftrued to debar the Sheriii" of the faid County of Gran- ville, as it now ftands, to make Diftrefs for any Levies, Fees, or other Duties, thit fhall be due from the Inhabitants of the faid County on the faid Tenth Day of June^ in the fame Manner as he might or could by Law have done if the faid County had ftill remained undivided ; and the faid Levies, Fees, and other Duties, fliail be accounted for in the fame Manner as if this Ad had never been made ; any Thing herein contained to the contrary notwithftanding. XX. AND whereas tJie Jurors appointed by the Jury Ad to ferve at the Su- 8!re',f'o"'by perior Courts for the Diftrid of Halifax, were limited to Eight for the County of the j>.ry Aft. QranvHk ; Be it therefore Enabled, by the Authority aforefaid. That the Jurors attend- incr the faid Superior Court after the pafTing this Ad, fhall be only Four for the faid County of Granville ; any Thing in the aforefaid Ad for appointing Jurors to the contrary notwithftanding. Bute Part (if the NonhtfliD.ftria. Number (if Ju- ri-rs altered by the Jury Aft. Sher'ffto diflrain for T-ixcs as be- fore the Divifion. Jurors for Gran- Sheriff of Bute to account with the Northern Trea • furer. XXI. AND belt further Enacied, by the Authority aforefaid. That the Sheriff' of the faid County of Bute for the Time being, ai"ter the faid Tenth Day of June, fhall account with and pay to the Public Treafurer of the Northern Diftrid of this Province, all Public Monies by him to be coUeded, under the fame Rules and Re- ftridions. Fines, Penalties, Procefs, and Remedies, as other Sheriffs are by Lav/ fubjed to. Royal Preroguwe XXII. P ROV IDED akvays. That nothing herein contained fhall be con- Lvh"'"'^'"''''" fti'wed, deemed, or taken, to alter or derogate from the Right and Royal Preroga- tive L A Jy S of North-Carolina. 323 tive of his Majefty, his Heirs or Succefibrs, of granting Letters of Incorporation to ^. D. 17C4. the; faid County of Bute^ and of ordering, appointing, and direding the Eleftion of <— -v~-— » a Member or Members to reprefent the fame in General Allembly, and of granting Markets and Fairs to be kept and held in the faid Counties refpedtively ; but that the faid Right and Prerogative Ihall be at all Times hereafter exerciled by his iaid MajcfVy, his Heirs and Succefibrs, in as full and ample Manner to all Intents and Purpolcs whatfoever, as if this Aft had never been madeb XXIII. AND be it further Ena5Ied, by the Authority aforefaid. That Mr. 5^7- Cnnim',(r,ontri niuei Beilon, Mr. Robert Harris^ and Mr. Philip Taylor, or a Majority of them, be, nluf",'' &7. '^'^' and are hereby appointed Commiflioners, and are impov/ered and direfted to agree and contract with Workmen for erecting and building a Court-Houfe, Prifon, Pil- lory, and Stocks, for the Ufe of the laid County of Granzil'e ; and that Pvlr. Solo- vjon .Jjhn^ Mr. IFiliiam Johnjlon, and Mr. Julius Nichols, or a Majority of them, be, and are hereby appointed CommiiBoners, and are impovvered and directed to agree and contract wuh Workmen for erecting and building a Court- Houie, Prifon, Pillory, and Stocks, for the Ufe of the faid County ot Bute. XXIV. AND for rcimburfing the faid CommilTioners the Money they fliall Taxhidi'otiti expend in erecting the f .id Buildings, Be it further EnaiJed, by the Authority afore- faid. That a Poll-Tax of Three Shillings, Proclamation Money, per Annum, fliall be levied on each taxable Perlon in the laid Counties rcfpectively, for Two Years, next after the Firft Day of November next ; and that all Perlbns in either of the faid Counties vvho'fliall neglect to pay the faid Tax after the Firft Day of March in each Year, fliall thereafter be liable to the fame Diftrefs as for Non-payment of Public Taxes ; and the Sheriff of each of the faid Counties are hereby required and direct- ed, on or before the Tenth Day oi June in the faid Years relpectively, to account for and pay the faid Monies by them to be collected, to the 'Commiffioners aforefaid, after deducting Six per Cent, for his Trouble in collecting the fame, that is to fay j as much thereof as fhall be levied on the taxable Perfons of the faid County of Granville, to the aforelaid Samuel Benton, Robert Harris, and Philip Taylor, the Sur- vivors or Survivor of them ; and fuch Part of the fame as fhall be levied on the taxable Perfons of the County of Bute, to the aforefaid Solomon Alficn, William Johnjlon, and Julius Nichcls, the Survivors or Survivor of them ; and in Cafe of Failure or Negicct therein by the Sheriff, he fliall be liable to the fame Penalties, Reltrictions, and Remedy, tor perlorniing the Payment thereof, as by Law may be had againfl: Sheriffs vv'ho neglect or reiule to account for and pay Public Taxes. XXV. PROF ID ED neverthelefs. That if the Money {o to be collected fliall Surplus appropti-: be more than fufficient to aniwer the Purpofes aforefaiJ, the faid Commiffioners * ' * refpectively fhall account for, and pay the Overplus thereof, to the Juftices of the Court of the County for which they are hereby appointed Commiffioners j to be applied tov.ards defraying the contingent Charges ol fuch County. CHAP. XV. An AB to impcwer the Sheriff of the County of Grange for the Time being, to collet E!y>!af" '"''"* and apply the Arrears of the Taxes due in the faid County for the fever al 2'ears therein mentioned. CHAP. XVI. An A5f far afcertaining a proper Place for building thereat a Court-Uoufe, Clerk's Office^ Prifon, and Stocks, for the County of Edgcomb. I. TTTHEREAS Redmaifs OV.^dd, on Tyoncoca, the Place heretofore ap- Private^ V y p 'inted for building thereat a Court-lloule, Prifon, and Ofikes, and for holding thereat the Court for the laid County, is found to be inconvenient and S f 2 very Tax laid for it. 324 LAWS of North-Carolina. A. D. 1764. very improper for that Purpofe; and the Juftices of their Sefiions for that County ^ -" "y "— ^ having certified the lame to this AiTembly, and recommended the Town of Tarbo- rough as the moft proper Place for that Purpofe, and the Inhabitants of the faid County having petitioned for the fame : carr.minioners 11. B E it Ena5fed^ by the Governor, Council, and Affembly, o.nd by the Authority of for bu,id,r,g a fjyg j-^jj^g^ Xliat Mr. Afiuila Sn^g, Mr. IFiiliam Haywood, Mr. Jofepb Hoivell, Mr. ^T' '" '' Sherwood Haywood, and Mr. James Hall, or a Majority of them, fliall and may, and they are hereby required and direfted, to agree and "contraa: with Workmen ior the building and ereding a fuitable and fufficient Court-Houfe, Clerk's Ofiice, Frifon, and Stocks, for the Ufe of the faid County, in the Town of Tarhcrough, on fuch Parts of the Lots fet apart by the Commiffioners or Truftces for the faid Town, as to them fhall feem moft proper. III. AND be it further Enabled, by the Authority aforefaid. That a Poll-Tax of Two Shillings, Proclamation Money, be levied on each taxable Perfon within the faid County of Edgcomb, annually, for Two Years next after the pafTing of this Ad, which Tax fhall be coUefted by the Sherift' of the laid Coumy of Edgcomby in the fame Manner, and under the fame Rules, and the fame PenaltieSj as other Taxes are by Law to be coUeded ; and the Money arifing from the Tax aforefaid, as the fame is colle6led by the Sheriff of the faid County, fliall be accounted for and paid to the aforefaid Aquila Sugg, IVilliam Haywood, Jofeph Hcwell, Sherwood Haywood, and James Hall, to be applied by them in Difcharge of their Contracts for the Buildings in this Aft mentioned; and the Overplus thereof (if any) fhall by the faid Truftees be accounted for and paid to the Juftices of the laid County of Edgcomb, to be by them applied towards the contingent Charges of the County, in Aid of the County Tax, Sheriff to coiieft IV. AND be it further Enacted, by the Authority aforefaid. That if the She- '''Meft ^''"' ''' riff of the faid County, who fhall receive the Tax by this Acl afifefTed, fhall negle.6t ^°^ ' or refufe to account for and pay the fame to the Truftees in this Aft named, after dedufting the ufual CommifTions for collefting, and fuch Infblvents as fhall be al- lowed him by the Court of the faid County, it fliall and may be lawful for the Su- perior Court for the Diftrift of Halifax, either before, or at any Time after the Ex- piration of the OfHce of fuch Sheriff, on Motion of the Truftees in this Aft named, or the Survivors of them, to enter up Judgment againft fuch Sheriff' for all the Mo- nies wherewith he fhall be chargeable by Virtue of this Act, with Cofts : and there- upon award Execution againft the Goods and Chattels, Lands and Tenements, of fuch Sheriff.. Provided always. The faid Sheriff ftiall have Ten Days previous No- tice of fuch Motion. crurt held in V. A N D be it further EuaSfed, by the AuthoHty aforcfaid. That fvom znd zftcT T.r.or"ueh. ji^g paffing of this Aft, the Inferior Court of Pleas and Qiiarter SelTions for the County of Edgcomb, ftiall be conftantly held by the Juftices of the faid County at Court Dni:a!Kr. ^^^^ convcnicnt Houfe in the Town of Tarborough, to be appointed by the faid chX z!^ '^^^' Juftices, on the Fourth ^uefdays in /ifril, July, O£!ober, and January, yearly, until the Court-Houfe for the faid County be built : And all Caufes, Pleas, Writs, Ac- procefs continued. ^^^^^^ SxxMs, Plaints, Ptocefs, Prcccpts, Recognizances, Indictments, Prefentments, and other Matters and Things in the faid Court of Edgcomb depending, immediately -after palling of this Act, fhall ftand adjourned and continue, and are hereby ad- ' journed and continued, from the Court-Houfe at Redman's Oldfield, on Tyoncoca aforefaid, to the Court to be held for the faid County in the Town of Tarborough, as in this Act is above directed ; and all Appearances and Returns of Proccfs fliall be made to the Inferior Court of Pleas to be held for the faid County at the Town aforefaid ; and all Suitors and Witneffes fliall be bound to appear thereat, in the fame Manner, and under the fame Penalties, as if the faid Court had been continued at the faid Redman^ Oldfield. VI. AND L A V/ S of North-Carolina. VI. AND be it further Ena-'^ed^ by the Authority af or efc.id. That fo much of one Act of Affembly pafTed at Edcnton, intituled, An Ail for dividing Edp-comb County^ as conies within the Purview of this Act, Ihall be henceforth re-oealed. 325 A. D. 1/6^ Repealing Cljufe. CHAP. XVII. An Act directing the boundary Line between the Counties of Dobbs and Pitt, and ap- pointing Commiffioners to fee the fame run. I. TTTTHEREAS the Act of Aflembly, intituled, An Act for erecting the upper VY Part of Beaufort County into a County and Parifh^ by the Name of Pitt County, and St. MichaelV PariJJj ; and for adjourning the Court from the Court-Hoife on the Land of Thomas Bonner, to the Court-Houfe in Bath Tozvn, and other Purpofes therein mentioned; no Commiffioners were appointed by the faid Act for runnino- the Boundary Line between the Counties oi Dobbs and Pitt; by Reafon whereof the Line has never been run, and the Inhabitants within the diiputed Bounds refufe to give in a Lift of their Taxabks, or pay their Taxes in either of the faid Coun- ties : For Remedy whereof, 11. B E it Enacted by the Governor, Council, and Affembly, and by the Authority of the fame. That Mr. Richard Cafwell, Mr. John Simpfon, and Mr. IVilliam Wilfon^ be appointed Commiffioners, and they are hereby impowered and required to run the faid dividing Line between the Counties of Dobbs and Pitt ; from Bloiint\ Ford on Little Cotentney Creek, to Luke PFhite's, then up the Middle S'-ji-amp to Wi'liani Wilfon'%, and from thence to the neareft Part of Ed^comb County ; which faid Lines, when run by the Commiffioners aforefaid, or any Two of them, fhall be by them entered on Record in the Court of each of the faid Counties of Dobbs and Pitt, and fhall thereafter be deemed and taken to be the dividing Lines between the faid Counties. Private* Corrrr.'ITioners for running the dividing Line. III. AND for defraying the Charge of running the faid Line, Be it further T.ix kid for it. Enacted, by the Authority aforefaid. That the Inferior Courts of each of the fud Counties of Dobbs and Pitt fliall lay a fufficient Poil-Tax on the Inhabitants of their refpeitive Counties (which fhall be levied in the fame Manner as other Public Taxes) as Ihall be fufficient to pay and fatisfy their refpedive Commiffioners for the Charge and Trouble in running the aforefaid Line. CHAP. XVIII. An AlI for altering the dividing Line between the Counties of Bladen and Cumberland. w H E R E A S the dividing Line betv;reen the Counties of Bladen and Cum- berland, running North Eaft and South Weft, is found to be inconvenient to tiic Inhabitants of both the faid Counties : Private. II. BE it Enacted, by the Governor, Council, and Affembly, and by the Authority Dividing Line. of the fame. That from and after the paffing of this Aft, the dividing Line between the faid Counties of Bladen and Cumberland, ftiall begin at the Mouth of Rcchfifo, and ffiall run a due Eaft Courfe to Black River, and from the Mouth of Reckfip Creek, up the A;id Creek to Gravely Hill, and from thence a due Weft Courfe to Drowning Creek ; and all the Lands to the Northward of the faid Line fhall from henceforth be deemed and held to be a Part of Cumberland County, and all the Lands to the Southward of the faid Line fhall be deemed and held to be a Part of Bladen County •, any Law to the contrary notwithftanding. III. AND be it further Ena'5!ed, by the Authority aforefaid. That Mr. Ifaac Jones, .Mr. Far^uhard Campbell, and Mr. Walter Gibfon, be, and are hereby appointed and authorized ConnmifTioncrj j'cj runn.ng it. for Taxes as be, fore the U.vilion, 326 LAWS of North-Carolina. A. D. 1764. authorized CommiiTioners, and are hereby impowered and dire6lcd to run the Taid i«.»-v---j' Line between the faid Counties of Bladen and Cumberland. Expcnce defiay. IV. AND hc it further Enabled, by the Authority aforefaid. That the Jufticcs ^^' of the Peace of the faid County of Cumberland are hereby impov/ered and direAed to defray the Expences of running the faid dividing Line out of the County Tax. Sheriff to diftrain V. A N D hc it further EnuSled, by the Authority aforefaid. That nothing herein contained fhall be conftrued to debar the Sheriffs of the aforefaid Counties, as the fame now iland, to make Diftrefs for any Levies, Fees, or other Dues, that are now due, or that fliall be due the Tenth Day of March next, from the Inhabitants of the faid Counties ; but that they may make Diftrefs in the lame Manner as by the Law the faid Sheriffs could or might have done if the faid dividing Line had remained without Alteration ; and the faid Levies, Fees, and other Dues, fhall be collefted and accounted for in the fame Manner as if this Ad had never been made j any Thing herein contained, to the contrary, notwithftanding. CHAP. XIX. An Atl for annexing Part of Craven County to Dobbs County. Private. I. TTTTHEREAS the Inhabitants refiding in that Part of Craven County, W lying on the Southermoft Side of the Southwejl Creek, and the upper Branches of Trent River, labour under great Hardfliips, Fatigue, and Inconveni- ences, in attending the Inferior Courts, and other fublic Meetmgs in the faid County, at Newbern, where the fame are generally held and called •, and as the faid Inhabitants are more contiguous to Dobbs County, where they can with greater Eafe and Convenience attend, are defirous of being annexed thereto : Commifli:n?r? II. BE it Enacted, by the Governor, Council, and /Iffembly, and by the Authority f.,r^ running the ^jT ^j^^ y"^^^^,^^ -pf^at Mt. Jojeph Leech, Mr. Richard Cafji-ell, and Mr. Francis Machl- wean, be, and they are hereby appointed Commiffioners j and they, or a Majority of them, are required and direfted, within Three Months after the paffing of this Aft, to run and mark, or caufe to be run and m.arked, a Line from the Soutbwejt Bridge near James CaddeU's, to Carnegfs Oldfield and Rattle-Snake Branch ; then a direcSt Line to William Randal's Mill, on Trent River-, then to a Place where Abra- ham Bailey lately lived; and from thence South to the Bounds of Onfwiv County; and that all that Part of Craven County lying to the Weilward of thofe Lines be annexed to Dobbs County ; and the Inhabitants thereof fliall be liable and fubjcd to the fame Duties, Taxes, and Impofitions, and intitled to the fame Privileges, Be- nefits, and Advantages, as the other Inhabitants of the faid County of Dobbs. Sheriff t.^ liftriin III. PRO FID E D al'joays., That nothing herein contained fliall be conftrued f.rT.ixe^ as be. ^ jgi^^r the Sheriff of Cm w;^ County from making Diftrefs for any Levies, Fees, or other Dues, which are or fliall be due on the Tenth Day of March next, from the Inhabitants of that Part of Craven County by this Aft annexed to Dobbs County, in the fame Manner as by Law the faid Sheriff might or could have done if this Aft had never been made 5 any Thing herein contained, to the contrary, notwithftand- ing. R-peaiing ciaufe, IV. A N D ie it fuvthcr Enabled, by the Authority aforefaid. That all and every Aft and Afts of Affembiy of this Province, and each and every Claule and Article thereof, fo far as relates to any Matter or Thing within the Purview of this Aft, is and are hereby repealed and made void, to all Intents and Purpofes, as if the fame had never been made. C II A P. XX. Jn Act for the building a Houfe for a School, and the Refidence cf a School-Majler, in (heToivnofl>lQY/bern. REf-^. ANNO LAWS of North-Carolina. 327 ji. D. 176^, ^J %^)r-i^%# %# %# %# %# \i f #% f%^-^#% #% #f #% #^^ rf ANNO REGNI G E O R G I I III. REGIS, MAGN^E BRITANNIA, FRANCItE, & HIBERNIiE, Q^ U I N T O. At an ASSEMBLY, begun and held at Wilmingtofjy the Thirtieth ARTHUR DOBBS,E% Day of January^ in the Fifth Year of the Reign of our Sovereign Gcveriwr. Lord GEORGEi\\Q Third, by the Grace of God, oi Great-Britain^ France, and Ireland, King, Defender of the Faith, &c. and from thence continued, by Prorogation, to the Twenty Fifth Day of Q^oher^ in the Year of our Lord One Thoufand Seven Hundred and Sixty Four : Being the Second Seffion of this prefent Affcmbly. C H A P. L An Act to amtfid end continue an Act, intituled. An Ail for dividing this Province Provided h \.j into Five feveral Diflrifts, and for eftablifhing a Superior Court of Juftict; in ^^f '''""^' ^"• each of the faid Diftri6ls, and regulating the Proceedings therein. CHAP. IL An Act to amend and continue an Act, intituled. An AV7lng; n. vcr the Bar A-- f i re a f.lot gfr« on loird, fol>j €t Lut to UiJ Feet/ 33° LAWS of North-Carolina. Ji. D. 1764. MjftersofVe(Iel3 detaining t'ilots, to piy them 8s, per Day. CnmmifTioners ti> affix a Tible .if F.lots Fi:'-s in the Collt-a.ir's and NJval Offio'-, anil Fort J'.hnll'-n. Feftilential D!f- tempers by Sh'p- pinf^ pri-vented, by the Conim.in- dcr of Fut John- ft<;n'. bringing to all V, m-U ; Md obliging fL-.ch"s have any D.ftem- per, to perform Qi^ircnt'.ne. Commander of the Fort to (;ive a Bill of Hejlth to VefTels hav 1 g no Diftcmper en Bojrd. Pen. on Mafiers of VelTels break- jng Quarentine. Pen. on Collec tors, «rc enter- ingVeflels, with- out a Bill of Health. make Oath, that he did his utmoft Endeavours to get to fuch Veflel before fhe came over the Bar j any Thing herein before contained to the contrary notwithltanding. (c) XL AND be it further Ena5fed^ by the Authority afore/aid. That the Mafter or Commander of any Veflel, who fhall lend for, or take on Board a Pilot to conduft fuch Veflel from one Place to another in the laid River, and fliall afterwards delay tranfporting the faid Vefiel, Wind and Weather permitting, the Mafter or Com- mander thereof, fhall pay unto the Pilot attending, Eight Shillings, Proclamation, per Diem, for each and every Day he fhall be fo detained. XII. AND be it further EnaHed, by the Authority aforefaid. That the Commif- fioners aforefaid, fhall afBx a true Copy or Table of the feveral Rates of Fees afore- faid, to be taken by the Pilots, at the CoUeftor's Office, Naval Office, and Fort Johnfton-, that the Mafters of Vefllls and others concerned, may have Recourfe thereto. XIII. AND whereas it is highly expedient to prevent any contagious, pefti- lential, or malignant Diftemper, from being brought into the faid River ; Beit En- acted, by the Authority aforefaid. That the Commander of Fort Johnjlon for the Time beinp-, ffiall be, and is hereby authorifed and impowered, to bring to all VefTels bound inwards -, and to oblige the Mafter of fuch Veffel to come on Shore into the faid Fort, and take an Oath concerning the Health of all fuch Perfons as fliall be on Board his faid Veflrl, and whether there was any contagious or infeftious Dif- tei?*per at the Place from whence he laft came; which faid Oath the Commander of the faid Fort is hereby impowered to adminifter : And if it fliall appear in fuch Oath that any Perfon on Board the fame is diftempcred, or that there is Reafon to fufped that any Perfon on Board is infefted with the Small-Pox, or other contagi- ous Diforder, the Commander of fuch Fort is hereby impowered and directed to oblio-e the Mafter of fuch Veird to moor his faid Velfcl as near Battery-TJland, op- pofite the faid Fort, as the Safety of the faid Vclle! will permit ; and to prevent any Perfon o-oing to, or coming from fuch Veffel (Perfons carrying Provifions to fuch VelTel only excepted) until he hath lain and performed Forty Days Quarentine, or be permitted thereto by Order from the Governor or Commander in Chief, or Three Tuftices of the Peace for the Counties of Neiv- Hanover or Brunfwick. XIV. AND be it further Enacted; by the Authority aforefaid. That in Cafe no Perfon fliall be diftempered on Board, or that the Commander of the Fort for the Time being, hath nojuft Reafon to fuiped: any Perfon in the faid Veffel to be infed- ed with the Small-Pox, or other contagious Diforders, then the Commander of the faid Fort fhall give a Bill of Health, and Permiffion to pafs by the faid P'orr, di- refled to the Colietlor or other Chief Officer of the Cuftoms -, and the Commander of the fakl Fort for the Time being, fliall and may have and receive from the Mafter of fuch Veffel, the Sum of Five Shillings, Proclamation Money, for adminiftering the faid Oath, and figning a Bill of Health. XV. AND be it further Enacted, by the Authority aforefaid. That if the Mafter of any Veffel ordered to be moored as aforefaid, or being moored by Order of the faid Commander of the faid Fort, fliall prefume to come on Shore, or fuffer any Perfon to come on Shore from on Board fuch Veffel, except on Battery -IJland, fuch Mafter fhall forfeit and pay the Sum of Five Hundred Pounds, Proclamation Mo- ney ; to be recovered by Aftion of Debt, in any Superior Court of Juftice vv'ithin this Province, by the Commiflioners of the faid Fort for the Time being ; one Fourth of which to the Ufeof the Informer, the other Three Fourths to the Com- mifTioners of the faid Fort, for maintaining and keeping the fame in Repair. XVI. A N D be it further Enabled, by the Authority aforefaid. That the Colleftor and Naval Officer, and each of them, is, and are hereby forbid to admit any VeiTel to an Entry, until fuch Bill of Health and Permit, figned by the Commander of Fort Jobnf.on for the Time being aforefaid, be delivered to him or them by the Maf- ter (() The loth Seftion, for Pilots Negligence, .altered by Ai:1 Nov. iy66, Chap. 23. L A ^ S o/' North-Carolina. 331 td with Brim- Itfr fcr- "•13 Q^i^ittn- t n; CI .iff t-i li» ad- tcr of fuch Vefiel, or fome Perfon on his Behalf, under the Penalty of One Hun- dred Pounds, Proclamation Money ; to be recovered by Aftion of Debt, in any Superior Court of Juftice in this Province, by the Commilioners of the faid Fort for the Time beino-, to be applied towards keeping the faid l^ort in Repair. XVII. AND he it further Enabled, by the Authority^ aforefaiJ, That where any ,„ItSith Vt! Veffcls fliall have performed Quarentine, the Mailer of fuch VefTcl fhalJ, before he "^g'^ be permitted to enter his faid Veffel, wafh the Hold of the faid Veilel with Vinegar, ^ .„e" and fmoke the fiime with Brimftone. ^ '"''' XVIII. AND whereas feveral of the Inhabitants of Cape-Fear, River, and j,'."!,' ManJts J Pilots, hive been ffreatly injured by Mailers of VeiTels carrying Negroes and Ser- Vcflu^ B>n^.n.c vants out ot this Province, and by departing themfelves without paying tneir I not- serva,us«' Ton be, and is hereby laid on all Veiicls coming into Dity b-dfor e- the Port of Brunfivick to unload Goods, other than iuch as belong to an Inhabitant a' h-^Mtulh of of this Province, for and during the Term of Three Years, next after the palTing t^c ;<..««. this A61 ; which Duty John Paine, Efq-, is hereby impoweredto receive, after ha v- p^,,,^„^j. ins; Lnven Bond, with funicient Securities, to the Governor or Commander in Chief pomled? for tTie Time being, in the Sum of One Tiiouland Pounds, Proclamation Money, conditioned, that he will well and truly account with, and pay to the laid Commif- fnners, or their Order, when thereto required, all fuch Sums ot Money as he ihall receive by Virtue of this A61, iiril deducting Five/«- Cent, for receiving the iame; and in Cafe of a Breach of the Condition of the faid Bond, the fame may be put in Suit, and the Monies recovered thereon fhall be applied to the Purpofes for which the above Duty is laid -, which Bond iliall be recorded and lodged in the Secretary's Ox'iice ; and the faid Monies arlfing on the Duty aforcfaid, fnall, by the faid Com- niiiTioners, be applied to the creeling Beacoris and Buoys as aforeiaid. XX. AND whereas it happens that VeiTels bound into the River aforefaid, the surety of Vef. often come on the Coall in thick Weather, and frequently fire Guns to acquaint the Pilots of their being on the Coaft: Be it therefore EnatJed, I'hat the Coir.mander Weather. of the faid Fort for the Time being, fliall, and he is hereby required to anfv/er ilich VefTels, by firing one or more Guns, not exceeding Three ; and the Commamler of the faid Fort ihall forthwith give Notice to the Pilot or Pilots, of fuch Veifcl being on the Coail -, and if fuch Pilot lliall nut forthwith go out to fuch Veifcl (Win. I and Weather permitting) fuch Pilot fnall forfeit and pay the Sum of Five Pounds, Proclamation Money, for every Neglect -, to be recovered before any Jurifdidlion, having Cognizance thereof, by the Commander of the Fort; one Half to the Informer, the other Half to the Commillioners of the laid Fort ; to be applied to the Ufe of the faid Fort. XaI. and belt further Enabled, ly the Authority afovefaid. That in Cafe of the Death, Refufal to Ad, or 'Removal out of the County, or other pliability of -any of the faid Commiirioners, it ihall and may be lawful for the remaining Com- miiTioners, or the Majority of them, and they are hereby directed to elet:;t another in tjie Room of fuch Comn^i.Tioner, having due Regard to his Place of Rcfidence, fo as one Half of the CommiiTioners be on the Eail Side of the River, and the T t 2 other fels coming "h 'he Ciiaft 'm thick ^■lcc Con.niiiii. »•; 332 LAWS of North-Carolina. j1. D. 1764. other Half on the Weft Side; which Commiflioner fo elefted fhall be, and is *-'"'*v—*^ hereby invefted with all the Power and Authority of any Commiffioner herein be- fore named. Repealing ciaufs. XXII. AND be it further Enacted^ by the Authority aforefaid^ That fo much of an Aft, intituled. An Atl for regulating the Pilotage of Cape- Fear River, and to impower the Captain of Fort Johnfton, at the Mouth of the faid River, to examine all Veffels entering the f aid River concerning the Health of their Cre\sos on Board the faid Vef- fels, as is within the Purview of this A61, is hereby repealed and made void. CHAP. VII. An AEI for regulating Proceedings in the Court held for the Borough ^ RnaJ to in Repair 1764. jc kept VI. AND be it further EnaSied, by the Authority aforefaid. That as foon as the ■^. -D faid Road is well and compleatly fini.lied, and Bridges built as atbrelaid, the faid IVtUiam Dry, his Heirs or Affigns, ftiali, from Time to Time, forever thereafter, at his or their own Expence, keep the faid R.oad and Bridges in lufficient and conftant Repair ; and in Cafe the laid IVilliam Dry, his Heirs, Executors, Admlnillrators, or Affio-ns, Ihall fail or neglect fo to do, he or they fliall be liable to the fame Pains and Penalties for fuch Failure or Negleft, as the Overfeers of any Public Road are liable to by Virtue of any Ad or Afts of Aflem.bly of this Province. VII. AND be it further Ena^ed, That if any Perfon or Perfons fhall, for Fee t-en f.r KeepTn.» or Reward, contrary to the Intent and Meaning of this Ac"t, tranfport or carry any l^^^C" " '''" Perfon or Perfons, their Horfes, Carriages, or Effcdls, over either of the Branches o(Ca^c-Fear River, in Order to his or their palTing through or over the faid Illand, fuch Perfon or Perlljns fo offending fliall, tor every Oftence, forfeit and pay the Sum of Twenty Sliillings ; to be recovered by a Warrant I'rom any Juflice of the Peace; one Half to be paid to the Informer, and the other Half to the laid lVillia;n Dry, his Heirs or Afligns. VIII. AND be it further Enacted, by the Authority aforefaid. That it fnall and may be lawful for the laid IVilliam Dry to make Uie of any Timber on either Side of the faid Road that may be neceflary for making and finifhing the fame. IX. AND be it further Ena'^^ed, by the Authority aforefaid. That the faid TFilliam cn-d Boats to b« Dry, his Heirs, Executois, Adminiftrators, or Afligns, fliall, as foon as the faid ^"videa. Road is finiflied, provide good and fufficient Boats, and other proper Craft, for the tranfportinq; of all Travellers and their Effefts, and for ever hereaiter iTiall keep the fame in fufficient and conftant Repair, and well and properly attended, under the Penalty of Twenty Pounds, Proclamation Money, lor every Negled ; one Half to the Perfon fueing for the fame, and the other Half to be applied for and towards leflening the County Tax ; to be recovered in any Court of Record within the Coun- ties of Erunfxvick or Neiv-Hanover, wherein the fame is cognizable. Tlnilier may te ufc:J. CHAP. XII. An Act to confirm the Veflry already chofen for the Pariflo of St. John, in the County of Bute ; and to liable the Freeholders of the ParifJoes zvithin the Counties of Pafquo- tank, Anion, and Currituck, to elect Vejlrics. I. TT 7 HE RE AS it hath been reprefented that the Manner of carrying on P""'«' yy and conducing the Eleftion of the Vefl:ry in the Parifli of St, John afore- faid, was irregular, and not agreeable fl:ridtly to the Words of the Ad of Affembly appointing Veftries -, by which Means its Exiftence as a Vefl:ry has been called in Qiieftion, fo that much Difquiet and many Law- Suits may arife, unlefs timely prevented : II. BE It therefore Enacted, by the Governor, Council, and Affembly, and by the Authority of the far.ie, and it is hereby Declared, That the Veitry already chofen, elect- ed, and iworn, for the faid Parifli of St. John, in the County of Bute, be deemed, taken, and efteemed, a true and lawful Vefhy, and veftcd with all Powers oi other Veftries duly chofen under an Ad, intituled, An Act concerning Veflries. III. AND whereas the Law concerning Veftries, did not come in Time to the Hands of the Sheriffs oi Pafiuotank, Anfon, and Currituck, to enable them to fum- mons the Freeholders to elect Vefl:ries in each of the Parlflies within the laid Coun- ties ; by which Means Parochial Bufinefs remains wholly llifpended therein •, Be it therefore further Enabled, by the Authority aforefaid. That the SlierifTs of Pafquotank, Anfon, and Currituck, on Eqfer Mcnday ttcxt, fhall proceed, after having given the Freeholders of their feverai Counties Thirty Days Notice, to eled and choofe * ' ' Twelve Vtrftry declared Cniinties to eleft Valriei. 33^ LAWS of North-Carolina. ji. D. 1764. Twelve Veftrymen, according to the Rules, Limitations, and Reftridions, of an Aft, intituled, An AEl concerning Vejlries ; and when the Veftries fhall be accordingly chofen and fworn, they fliall be deemed, taken, and efteemed lawful Veftries, until a Re-eledion, according to the Direftions of the aforefaid Aft. Piivats. CHAP. XIII. An A5i to prevent the unreafonahle Bejlruolion of Fijh in the Rivers Meherrin, Peedee, and Catawba. H E R E A S many avaricious Perfons, by fifhing with feveral Seins at yy the fame Fifhing- Place, and by keeping Nets extended acrofs the Rivers Meherrin, Peedee^ and Catawba^ prevent the Fifli from pafiing up the faid Rivers, fo that the Inhabitants living on the upper Parts of faid Rivers are deprived from the Benefit of catching Filh therein : P ftruftiin I Filh prevented. II. B E it therefore Enacted, by the Governor, Council, and AJfembly, and by the Authority of the fame. That it (hall not be lawful for any Perfon or Perfons whatfo- ever, from arid after the pafling of this Aft, to draw or fifh with more than one Sein at any one Fifhing-Place, or within One Eighth of a Mile of each other, on the faid Rivers, at a Time, during the Seafon for fifhing, or to keep a Net or Seiri extended and fixed acrofs either of them, or to make any Hedges, Stops, or Dams on the fame, to hinder or prevent the Fifh from pafling up the faid Rivers -, and if any Perfon or Perfons fhall offend herein, he or they fhall, for every fuch Offence, forfeit and pay the Sum of Ten Pounds, Proclamation Money ; to be recovered by the Informer, in any Court of Record, with Coils, by Aftion of Debt. CHAP. XIV. An A51 for altering the Boundary Line between the Counties of Northampton and Hert- ford. I. TT THE RE AS by the Act of AfTembly for eftablifhing the County of y Y Hertford, it hath by Experience been found not fo convenient for Ibme of the lower Inhabitants of Northampton County as was by the faid Act intended : For Remedy whereof, II. BE it Enacted, by the Governor, Council, and Affembly, and by the Authority of the fame. That from and after the Firfl Day of March next, the dividing Line between the faid County of Hertford and Northampton fhall be altered as followeth, to wit. Beginning on Kirbfs Creek, where the dividing Line joins the faid Creek, running thence up the Creek to the Fork thereof; then up Turky Creek to Maple Fork ; thence by a direct South Courfe till it interfects the prefent dividing Line. commimonerafor HI. AND be it further EnaEfed, by the Authority aforefaid. That ^ofeph Sikes, running it. William Murphrcy, and Benjamin JVynns, or the Majority of them, are hereby ap- pointed Commiffioners to run the faid Line •, which fhall be done at the proper Coft and Charges of the County of Hertford: Private, DA'iding Line, Sheriff to diftrain «s before the Di- Yiiioo, IV. PR VI D E D neverthelefs. That nothing herein contained fhall extend to debar or hinder the Sheriff of Northampton County from collecting all the Public, County, and Parifh Taxes, due within that Part of the faid Northampton County, which is hereby intended to be Part of Hertford County, after the faid Firfl Day of March next ; any Law, Ufage, or Cuftom, to the contrary, notwithflanding. This Aft had it« mtdtd C H A F. XV. An A5t to continue an Act therein-mentioned. CHAR LAWS of NoilTH-CAROLINA. 337 '" CHAP. XVI. A. D. 1764. An A5i for the Relief of Abraham Jones, Efq; former Sheriff of Edgcomb County. This Aft had it* CHAP. XVII. An A5i to increafe the Salary of the Reverend Thomas Burges, Minijler of Edgcomb Pariflj^ in the County of Halifax. I. TT 7" HERE AS by the Ad of Afifembly, for confirming an Agreement P''"tc. VV "lade by the Churchwardens and Veftry oi Edgcomb Parilh, in Halifax County, with the Reverend Thomas Burges^ the Veftry of the faid Parifh are re- ftrained from levying and paying a larger Sum of Money than One Hundred Pounds per Annual, to the iaid Thomas Burges, which is much lefs than the Salary allowed by Law to other Miniftcrs within this Province : II. B E it Enacted hy the Governor, Council, and /ffemhly, and by the Authority of S the fame. That Irom and alter the palTing of this Ad the laid Veftry of Edgcomb Pariih Ihall levy and pay to the faid Thomas Burges as much Money per Annum as other Minifters within this Province ftiall continue to have, by Virtue of an Adt of Aflembly, for making Provifton for an Orthodox Clergy ; any Law, Ufage, or Guftom, to the contrary, notwithftanding. SIGNED by Arthur Doebs, Efq-, Governofs James Murray, Prefident, John Ape, Speaker. Read Three Times, and ratified in open Affemh'y, the 2']th Day of Nov. 1764. ala:y increals^t U u ANNO 338 LAWS of North-Carolina. A. D. 1765. ^ 4^4^ '^■^ 4"^ -^-^^ -^'"^ -^^ •*• •$•'$• •^i!*'i^* *$*•$• -^4* *^i5>.^ -^^ ^ ^ 4^4* •^'^ 4"^ ^i^^* 4"^ '^•^ * 4*'^ •$*•$• *$"^ 4*4' 4*4* 4*4* ^ ANNOREGNI G E O R G I I III. REGIS, MAGN^ BRITANNIA, FRANCIS, & H I B E R N I iE, Q^ U I N T O. WILLIAM At an ASSEMBLY, begun and held at Wilmington^ the Third Day Efq; Lieutel ^^ February^ in the Fourth Year of the Reign of our Sovereign Lord nant- Gover- nor. GEORGE the Third, by the Grace of God, of Great-Britain, France, and Ireland, King, Defender of the Faith, &c. and in the Year of our Lord One Thoufand Seven Hundred and Sixty Four ; and from thence continued, by feveral Prorogations, to the Third Day of May^ in the Fifth Year of the Keign of our faid Sovereie-n Lord GEORGE the Third, &c, and in the Year of our Lord One Thouflind Seven Hun- dred and Sixty-five J to be then held at Neivbcrn-, being the Third SeiTion of this prefcnt Affembly. CHAP. L An ASi for Efiahlijlo'mg an Orthodox Clergy, (a) L TTTHEREAS making a reafonable and certain Provifion for an Ortho- Preambie. W ^^°^ Clergy, may tend 10 encourage pious and learned Minifters ol the Gofpel to fettle in the feveral Parifhes in this Province : II. BE it Enacted by the Lieutenant Governor, Council, and /£emhly, and by the Mimfter's Salary. Authority of the fame. That every Minifter now, or hereafter to be preferred to, or recfeived into any Parifli within this Province, as Incumbent thereof, fliall have and receive a Salary of One Hundred and Thirty-three Pounds Six Shillings and Eight Pence, Proclamation Money •, to be paid bv the Churchwardens and Veftrymen on or before the lad Day of June, Annually : And every Minifter may take and receive, for the Services herein after mentioned, the following Fees, to wit. FOR (aj See Acl Nov. 1768, Cliap. i, for amending and explaining this Aft. L A i^' S of N O it T H - C A R O L I N A. 339 FOR Marrying, if by Licence, Twenty Shillings ; if by Banns, Five Siiillings. ^^- -0- i7^S- FOR publiilung Banns, and granting a Certiiicate thereof. One Shilling and ^iTVi^C^'^ Six Pence. FOR preaching a Funeral Sermon, if required, Forty Shillings, Proclamation Money. And may demand and receive the faid Perquifites, if he Tnall not refufe or negled to do the faid Services, although fuch Services Ihall be performed by any other Perfon. III. ANB le it further Ena5ted, by the Authority aforejaid. That in every Parifli ^''"^^ to be fur- of this Province, where a Glebe is not already purchaled and appropriated, a Trad ot good Land, to contain Two Plundred Acres at leail, fhall be purchafed by the Veitry, as a Glebe for the Ufe of the Incumbent of fuch Parilli for the Time be- ing, and his Succeffors for ever ; and until fuch Glebe fhall be purchafed, and Buildings ereded thereon, in Manner herein after mentioned, the Minifter of fuch Parifli fhall have and receive the Sum of Twenty Pounds, Proclamation Money, Annually. And where a Manfion-Houfe and convenient Out-Houles are not al- M.nCon - Houfa ready erefted, for the Ufe of the Minifter, // is hereby Enabled^ That the Veftry of '" ^^ ''"'''• every fuch Parifh are hereby authorized, impowered, and required, to caufe to be credted and built on fuch Glebe, one convenient Manfion-Houfe, ol: Thirty-eif^hc Feet in Length, and Eighteen Feet in Width, a Kitchen, Barn, Stable, Dairy, and Meat-Houfe, with fuch other Conveniences as they fhall think necef]ary. Buildings on Glebes to bi kept iii Kepiit, IV. AND to the End that the Buildings already ereded, or hereafter to be ereded upon every Glebe, may be kept in good Condition •, // is hereby further Ena5ied, That the Minifter of every Parifh Vv'ithin this Province, fliall, during the Time of his being Incumbent of the x-^arilh, keep and maintain the Manfion-Houfe the Out-Houlcs, and other Conveniences eredcd, or to be ereded on his Glebe in tenantable Repair, and fhall lb leave the lame at his Removal from his Parifh, or Death (Accidents by Fire or Tempeft only excepted:) And in Cafe any Minill:er fhall fail fo to do, luch Minifter, his Executors or Adminiftrators, fhall be liable to the Adion ot the Churchwardens of the Parifh for the Time being, wherein the Value of llich Repair fhall be recovered, and Damages, v/ith Cofts of Suit ; and the Damages fo recovered, lliall be applied and laid out in necefTary Repairs upon the Glebe ; and every Veftry of a vacant Parifh, is hereby impowered and required to put all the Buildings upon the Glebe of their Parifh, into iuch good and fufEcienc Repair that they may be fit for the Reception of the fucceeding Minifter. V. PRO FID E D neverthekfs, that any Veftry who fhall judge that the Mi- Vc-(?ry mny m^ke nifter has not wilfully committed any Wafte on his Glebe, fliall make fuch neceflary ""'^'^^^J '^"-t*'"' Repairs, at the Charge of the Parifii, as they fliall think proper. propc VI. AND be it further Enacted, by the Authority aforefaid. That if any Clergy- Minifter guilty of man, prefented to any Parochial Living within this Province, fliall be guilty of any JnXn7ed"7 grofs Crime or notorious Immorality, it fliall be lawful for the Governor, or Com- the clllL.. ^ -mander in Chief for the Time being, by and with the Advice of his Majefty's Council, to fulpend the faid Clergyman from ierving the Cure of fuch Pariflx whereof he was Incumbent -, and fuch Sufpenfion fliall be deemed good and valid, until fuch Time as the Biflioji of London fliall either reftore, or pafs Sentence of Deprivation on him, by notifying the fame to the Governor, or Commander in Chief for the Time beinu;. VII. AND be it further Enabled, by the Authority aforefaid. That every Parifli, Minifter fnfpcnd. the Minifter whereof fliall be fufpended as aforefaid, fliall be entirely difcharged ^'l.^f;,!!,.'!,: irom the Payment of the Salary and Provifions by this Ad allowed and made lor the Minifler thereof, for all fuch Time as the faid Sufpenfion fliall remain in Force. ment ol ih- U U 2 VIII. ANB 340 LAWS of North-Carolina, A. D. 1765. Repealing Claufe. VIII. AND be it further EnaEled^ by the Authority afore/aid. That all and every Aft and Ads heretofore palled, relative to the making Provifion for an Orthodox Clergy, and all and every Claul'e and Article contained in any fuch A6t or Afts (except one A6t of Affembly, intituled, yf« yJct to confirm an Agreement made by the frejent Churchivardens andVefiry e/Chnll-Church Parijh, in Craven County, with the Reverend James Reed ; and alio one other Ad:, intituled. An Act to confirm an Agree- ment made by the Churchwardens and Veftry of Edgcomb Parifid, in Halifax County^ with the Reverend Thomas Burges) from hencelorth ftiall be repealed and made void. sheriff to give B ;nd ti) colUa tl'e Rii (h Ti!t, and f..vi htrmlefs the Veftry. Jurlgment miy be enrcrt-d ag.iuift hni, on failing to ace. unt for the Taxes, IX. ANT) be it further Ena^ed, by the Authority aforefaid. That every SherifT, and other Parifh Collettor, Ihall, on his Appointment to the faid Office, enter into B ind, with fufficient Securities, to the Churchwardens and Veftrymen of the Parifh whereof he fliail be fo appointed Collcdor, with Condition, that he will well and truly colleCl and pay to tne faid Churchwardens and Veftrymen the Taxts by them aflelfed, for the Ule of the Parifh ; and alfo fave harmlels, and keep indemnified, the faid Churchwardens and Veftry, Irom all Suits, Coft^ and Damages, which they Ihall fuftain, if the faid Collector fhall fail to make iuch Colledtion and Pay- ment. X. AND belt further Enabled, by the Authority aforefaid. That if any Parifh Coliedtor fhall fail or neglect to collect and pay to the Churchwardens and Veftry of the Pariih whereof he is Collector, on or belore the Thirtieth Day of June afore- faid, all fuch Parifh Taxes as he fhall or ought to have collected, after deducting the Commiffions by Law allowed him, and the Sums chargeable to Perfons who have no vifible Eftate in his Pariih, it fhall and may be lawful for the Superior Court of the Diftrict, on Motion of the Churchwardens and Veftrymen, to give Judgment againft fuch Collector, and his Securities, for all the Money wherewith he IS or fhall ftand chargeable as aforefaid, with Cofts, and to award Execution. Provided, That fuch Collector have Ten Days previous Notice of fuch Motion. XL AND be it further EnaHed, by the Authority aforefaid. That the Churchwar- fJens and Veftry of each Parifli fhall pay and latisly to tiie Miiufter thereof the Sa- lary by this Act allowed him, on or beiore the Full; Day ot Augufi in every Year; and in Cafe of Neglect or Refufal, the Minilfer Ihali and may, by Motion in the Superior Court, have the like Remedy, Proceedings, and Relief, againft fuch Churchwardens and Veftry fo neglecting or refufing, as is or may, by Virtue of this Act, be had againft any Parifh Collector, for Taxes by him to be collected and paid to the Churchwardens and Veftry. Minift to preach XII. AND be it further Ev.acted, by the Authority aforefaid. That the Minifter ^pointl''' ^'"'^ of every Parifh fhall preach at the Churches and Chapels which now are, or hereafter Ihall be erected, in the Pariih whereof he is Minifter, and at fuch other fuitable Places as the Veftry for the Time being fliall direct. Minifter's S.i to lit filft yearly. paid by the Auguft, Preamble CHAP. II. An Aol for opening and cutting two Roads from the Ferry on the Northweft River, oppoftte Eagle'i Ifiand, in Brunfwick County, and other Purpofes. ■ H E R E A S by an Aft of AfTembly lately palTed at Wilmington, William Dry, tfquire, is impowered to make a public Road through the great Iftand oppofite the Borough of Wilmington, which faid Road is nigh opened ; and as it is neceflary that two Roads fhould be laid off and made from the Ferry on the Northwefi, River, leading from the faid new Road, one towards Brunfwick, the other upwards into the main Road ; II. BE LAWS of North-Carolina. ;4f Roads to be laid out. II. BE it therefore EnaSied, by the Lieutenant-Governor, Council, and /Iffenibly, ^- D. 1765 and by the Authority of the fame, Thac the Interior Court of BruufvAck County lliall, within Three Months after the pafTing this Atl, nominate and appoint Twelve Men to lay out the faid Roads ; and the Tcrfons fo appointed, or the Majority of them, fhall, within Two Months after their Appointment, lay out the faid Roads, from that Fart of the Northivejl River oppofite the Road through Eagle's, Ifland j one Road leading towards Brunfzvick, the other towards Bladen County, each to in- terfeil the main Road the belt and nearcil Way : And il any Perfon appointed to lay out the faid Roads fliall rcfule or neglc(lt to perform the fame, he Ihall forfeit and pay the Sum of Five Pounds, Proclamation Money ; to be recovered by any Perfon who fhall fue for the fame, by Aftion of Debt, brought in the Name of the Chairman of the Inferior Court of Brunfuuick County ; which Money, when reco- vered, fhall be paid to the Chairman of faid Court, and by him be applied towards m-ikino; the faid Roads. Hen, for Neolcft. III. AND be it further Ena5fed, by the Authority aforefaid. That the faid Inferior Court fliall, within i>ix Months after the paiTing of this Ad, appoint an Overicer or Overfeers, as they fhall think requifite : And in Cafe the Perlons liable to work on the faid Roads in the Diftrid where the fame is to be made fhould not be luiR- cient to make and finifh the fame, the faid Court is hereby impowcred and diredtcd to order any Number of Hands they Ihall think neceffary, out of any other Diflrid or Diltricls within their County, to afhlt in making and finifhing the fame, under the Penalty of One Hundred Pounds, Proclamation Money ; to be recovered by and paid to any Perfon fuing for the fame ; one Half to his own Uje, and the other- Half to be by him applied tor and towards making the faid Roads ; and the Over- feer or Overfeers appointed by the laid Court fhall, and are hereby veiled with the fame Powers and Authorities, and liable to the fame Penalty, as any Overfeers of Roads are vefted with, or liable to : And the Overfeer or Overfeers fo appointed, fhall, within Eighteen Months after their Appointment, make and finifli, or caufe to be made and finilhed, the faid Roads, with all Bridges that may be neceffary under the Penalty of Fifty Pounds, Proclamation Money, each, to be recovered by any Perfon fuing for the fame ; one Half to his own Ufe, and the other Half to be paid to the Chairman of the Inferior Court of Brunfwick County, to be by him applied for and towards compleating the faid Roads. IV. AND be it further Ena^ed, by the Authority aforefaid. That no Perfon whatever refiding, or to refide on the faid ifland, fhall be licenced to keep any Ta- vern, Ordinary, or Tippling-Houfe thereon, within one Mile of the faid Road, other than at the Ferry Houies. V. A N D to enable the faid William Dry to make a good and fufHcient Caufe- way through the faid Ifland, oppofite to Wilmington ; Be )t Enacfed, by the Authority aforefaid. That the faid William Dry, his Servants or Slaves, fliall and may, at all Times hereafter, make Ufe of any Earth, Dirt, or Sand, neceflary in making and repairing the Caufeway aforefaid, from off any Perfon's Land adjacent thereto, without any Let, Hinderance, or Moleflation whatever. Overfeer to be a^ir.O]ntr(l. T'erfc ns in the D ftr.ft iinahle to nuke l.iid R^^% ^% ^% f'^ f?% ^% ANNO REGNI G E O R G I I III. REGIS, MAGN^ BRITANNI.^, FRANCIiE, & H I B E R N I JE, S E P T I M O. WILLIAM At an ASSEMBLY, begun and held at Newbern the Third Day TR YON, ' & y non ^°^^^' ^^ November, in the Seventh Year of the Reign of our Sovereign Lord GEORG Elht Third, by the Grace of God, of Great-Britaiji, France, and Ireland, King, Defender of the Faith, &c. and in the Year of our Lord One Thoufand Seven Hundred and Sixty-fix : Being the Firil Seffion of this prefcnt Affembly, C H A P. L An A^for appointing a Public Treafurer in the Room of John Srarkey, Efq;, deceafed. REP. Prcanr.ble. CHAP, II. Ah A5f for ereSling a convenient Building within the I'own of Newbern, for the Re/l- dence of the Governor or Commander in Chief for the Time being. I. T T 7" H E R E A S it is necelTary that a convenient Edifice, for the Refidencc y Y of ^^^ Governor or Commander in Chief for the Time being within this Province, be erefted j ^^J^^""^' '^" II. Be it therefore Enactedy by the Governor, Council, and Affembly, and by the Au- chafe Lots, ana thority of the famc, That his 'ExceWtncy William Tryon, Efq; Governor and Com- fof him" a^nf hh ^T^^^^er in Chief in and over this his Majefty's Province of North-Carolina, be, and is SiiccLflbrs. hereby authorized and impowered to purchafe any Number of Lots of Land, not exceeding Twelve, lying within the Limits and Boundaries of the Town of Nezvbern, in any Part of the faid Town he Ihall think moll proper and convenient ; and to take and receive one or niore Deed or Deeds, Jufficient in Law for the conveying the LAWS of N o R T li - C A K o L I :i A. 343 the fame to himfelf and his Succeflbrs, Governors and Commanders in Chief of this ^^ ^- i?^'^. Province ; and upon fuch Conveyance and Conveyances, his Excellency the Cover- V— — v"^-' nor is hereby requcfted an J impowered, as foon as may be, to contrad and agree with proper Perfons for defigning, erefting, and completely finifliing a good Dwell- inor-Hjufe, with all neceiTary Offices, for the Ufe of himlelf, and his Succefibrs, Governors and Commanders in Chief, in and over this Province; and that the plan- ninfT, defigning, building, and finifliing the faid Edifice and Offices, fhall be under x^i\t lole Direction and Management of his E::cel!ency the Governor, or fuch Perfoa or Perfons as he fhall appoint, till the fame is completely built and finilhed : And the faid Lots of Land, with the Houfes, Buildings, and other Edifices thereon to be erected, fhall, and is hereby directed to be for the Ufe of his Excellency the Gover- nor, and his Succeffors, Governors and Commanders in Chief in and over this Pro- vince, for ever. III. AND belt further EnaHed, hy the Authority aforefa'td^ That his Excellency imprwerfd to the Governor, as otten as he fhall haveOccafion of JVloney for the Purpofes afore- f,reTs"fo'r''M^ney' faid, may, and is hereby authorized to ifTue his Warrant to one or both of the Trea- ' "^ ^^ the school furers of this Province, requiring him or them to pay fo much Money as he fhall "" * have Occafion for, not exceeding the Sum of Five Tlioufand Pounds, Proclamation Money; which the faid Treafurers are hereby required to pay to his Excellency the Governor, upon his Warrant, out of the Money appropriated by Act of AfTembly for erecting of Public Schools, and purchafing Glebes. IV. AND for replacing the faid Sum of Five Thoufand Pounds into the Hands t.-x hid for re. of the Treafurers of this Province by the Time appointed for the finking of the fame; t>'"'"£ '''^ ^^"'^' Be it Enacted^ by the Governor^ Council., and AJfembly, and by the Authority of the fanie^ That an Annual PoU-Tax of Eight Pence, Proclamation Money, be levied on each taxable Perfon in this Province, for and during the Term of Two Years, from and after the Firft Day of January next; to be collefted by the Sheriff of each refpe6tive County, on or before the Firft Day of March in each Year : And that all and every j.^^^ c ii a J Perfon negleding to pay the faid Tax at the faid Firft Day of March, fhall be liable and paid. ' to fuch DiftreJs, to be made by the Sheriff, as for Non-Payment of other Taxes ; and the Sheriff of each refpedtive County fliall, on or before the Tenth Day of June^ Yearly, pay into the Hands of the Public Treafurer of the Diftri6t, all fuch Sums of Money as each and every one of them fliall have received in Virtue of this A6t, under the fame Regulations and Directions, and like Fines and Penalties, as are direfted and inflicted in other Acts for coilefting of Public Taxes. V. AND be it further Enar.ed, by the Authority aforcfaid. That an additional ^^^'f'-^l^'^^y Duty of Two Pence, Proclamation Money, be paid for every Gallon of Wine, Rum, qunrs'toithsume and diililled Liquors, imported into this Province, either by Land or Winter, from ^"'fJ^^' any Port or Place whatfoever (Great-Britain^xcepted) after the Firft Day oi Janua- ry next, for and during the Term of Two Years next enfuing ; which faid additio- nal Duty fhall be colledted by the fame Olncers, and accounted for in the fame Ti,r. ciaj'iEx ' Manner, and under the fame Regulations, as other Duties on Wine, Rum, and dif- tilled Liquors imported into this Province, are directed and paid into the Hands of the Treafurers, towards raifmg the faid Sum of Five Thoufand Pounds, for the Ufes and Purpofes as in this A6t direfted. CHAP. m. An AB appointing the Method of dlfiributing Intejlates Efiates. I. T3 -E '^t Enabled by the Governor, Council, and Ajfembly, and by the Authority of inff^-t" t:citej _£3 the fame. That all and every Perfon or Perfons to whom Admini ft ration on "^^ •''•'^" • the Eftate of any Perfon deceafed fhall hereafter be granted, fhall diftribute the Sur- plus of fuch Eftate in Manner following ; that is to fay. One Third Part of the faid Surplus to the Wife of the Inteftate, and all the reft by equal Portions, to and amongft 244 LAWS of North-Carolina. yf. D. 1766. amongftthe Children of fuch Perfon dying Inteftate, and fuch Perfons as legally re- '^—''-'^r-^ prefent fuch Children, in Cafe any of the faid Children be dien dead, other than fuch Child or Children (not being Heir atLawj who fhall have any Ellate by the Settle- ment of the Inteftate, or Iliall be advanced by' the Inteftate in his Liietime, by Por- tion or Portions, equal to the Share which fliall by fuch Diftribution be allotted to the other Children to whom fuch Diftribution is to be made : And in Cafe any Child, other than the Heir at Law, who ftiall have any Eftate by Settlement! rem the faid Inteftate, or ftiall be advanced by the faid Inteftate in his Lifetime, by Portions not equal to the Share which Iball be due to the other Children by fuch Diftributions as atorefaid, then fo much of the Surplus of the Eftate of fuch Inteftate to be diftri- buted to fuch Child or Children as ihall have any Land by Settlement from the In- teftate, or were advanced in the Lifetime of the Inteftate, as fhall make the Eftate of all the laid Children to be equal, as near as can be eftimated ; but the Heir at Law, notwithftanding any Land that he ftiall have by Defcent, or otherwife, from the In- teftate, is to have an equal Part in the Diftribution with the reft of the Children, without any Confidermion of the Value of the Land v/hich he hath by Defcent, or otherwife, from the Inteftate : And in Cafe there fiiouki be no Children, nor any leo-al Reprefentatives of them, then one Moiety of the faid Eftate to be allotted to the "Wife of the Inteftate •, the Reftdue of tiie faid Eftate to be diftributed equally to every of the next of Kin of the Inteftate who are in equal Degree, and to thofe who leo-ally reprefent them : Provided^ That there be no Reprefentatives admitted amongft tollaterals after Brothers and Sifters Children. And in Caie 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 Reprefentatives as aforefaid, and in no other Manner whatfoevcr. And if after the Death of the Father, any of his Children fhall die inteftate, without Wife or Children, in the Lifetime of the Mother, every Brother and Sifter, and the Reprefentative of them, Ihall have an equal Share with the Ma- ther of the Eftate of the Child or Chftdren fo dying Inteftate. p. fcaiing Claud's. jj^ ANT) he it further EnaEled^ by the Authority aforefaid. That fo much of an Adt of Aflcmbly, intituled, An A£l concerning proving IVills, and granting Letters of Admnifration, and to prevent Frauds in the Management of Inteftates Ejiaies, as is within the Purview of this Aft^ is hereby repealed and made void. CHAP. IV, An A5lfor the Relief of fuch Perfons as have fid^eredy or may fiffer, by not having had their Deeds and Mcfne Conveyances proved and regijiered 'within the Time heretofore appointed for fuch Purpofcs. Fre..nnble. j^ T 1 7 H E R E A S by an Aft pafTed at Neivhcrn, in the Year of our Lord One VY Thoufand Seven Hundred and Fifty Four, intituled, An An for the Re- lief of fuch Perfons as have fuffered, or may fifcr, by not having had their Deeds and Mefne Conveyances regiftered and -proved within the Time heretofore appointed for fuch Purpofcs, and to prevent Difputes and Lazvfuits concerning Lands, all Deeds or Mefne Conveyances for any L,ands, Tenements, or Hereditaments, within this Province, were to be acknowledged or proved according to the Direftions of that A6t, and delivered to the Regifter of the Counties wherein they are refpeftively fituated, within the Space of Two Years from the refpedive Dates thereof-, and many Per- fons, through Ignorance of the Purport of the faid Law, or other Caufes, have negleded to have their Deeds and Mefne Conveyances proved and regiftered, ac- cording to the Directions of the faid AB: : For Remedy whereof, F.irthcrr.meai. H. BE it Endctcd, hy the Governor, Council, and Affemhly, and by the Authority inwed^ or prov.ng ^j ^1,^ j-^„jg^ -pi^.^^ all Deeds and Mefne Conveyances of Lands, Tenements, and Hereditaments, not already regiftered, acknowledged or proved, ftiall and may, within Eighteen Months after the pafting this Aft, be acknowledged by the Grantor or L A tV S of North-Carolina. 345 tho' n'jt and vjiid, pr'.vcil, w;rh n r:, goud or Grantors, his or rheir Agents or Attornies, or proved by one or more of the ^' D. 1766 fubicribing WitneflVs to the lame, and tendered or delivered to the Regiilers o\ the Counties whereof fuch Lands, Tenements, or Hereditaments, are refpeftively fitu- ated : And all Deeds and Melne Conveyances vvhatlbever, which (hall be acknow- ledged or proved according to the Diredions of this Aft, and alfo fuch as have been heretofore proved or recorded by the Clerk, and rcgiftered by the Regifter of any County wherein the Lands and Tenements mentioned in the fame lie or are fituate, though not within Two Years after the Date of the refpeftive Conveyance, fhall be goo-l and valid in Law, and fhall enure and take Effedt as fully and efTeiSualiy, to the Ule and Behoof of the Grantees, their Heirs and Affigns, and thofe claiming under them, as if fuch Deeds and Conveyances were acknowledged, or proved and regilL-red, agreable to the Direftion of any Ad of Aflembly heretofore made. CHAP. V. An Act for reviving and re-enacting the fever al Acts of AffemUy reJatinT to the Inflection of Tobacco. EXP. CHAP. 6. An Act to amend and continue an Act., intituled.. An A<5t for appointing a Militia. EXP. 7. Ayi Act to amend an Act., intituled., An Ad for rendering more effec- tual the Laws making Lands, and other real Eftates, liable to the Payment of Debts. EXP. Port Roanoke, and Port Beau- CHAP. VIII. An Act for facilitating the Navigation of Port Bath, fort, (a) L TTTHEREAS confiderable Injuries have frequently happened to divers Preambiei Y Y Merchants who have fent their Ships and Velfels to Baih, Edenton., and Newbern, by Reafon of the Badnefs of the Channels leading to the faid Places, the Inlufficiency and Negligence of the Pilots, the Want ot ftaking out the faid Chan- nels, and making the Navigation more eafy, whereby the Trade of thofe Parts of the Province is greatly impaired : For Remedy whereof, (b) IL B E it Enacted, by the Governor^ Council, and Affembly, and by the Autho- rity of the fame. That the Honourable Robert Palmer, Efq; Thomas Refpifs, IVyriot Ormond, and Peter Blinn, Efqrs. be, and are hereby appointed Commiffioners for Port Bath ; the Honourable Henry Euflace M'-Ctdloch, Elq-, and John Campbell, Jo- feph Blount, Edivard Vail, Jofeph Hewes, John Hodgfon, WiUiarn Low t her, and Cullen Pollock, Efqrs. be, and they are hereby appointed Commiffioners for Port Roanoke ; and Gabriel Cathcart, Samuel Cornell, Thomas Hafiin, Thomas Clifford Howe, John Smith, and JVilUam JVi^ton, be, and are hereby appointed Commiffioners for Port Beaufort \ to contrad with proper Perfons to examine, from Time to Time, the Situation of the Swatch, and to keep the fame, and all other Channels leading from Occacock Bar to Bath, Edenton, and Newbern, well and fufficiently ftaked our, and to ered Beacons at Occacock, Beacon Jfland, Core Banks, and all other fuch Places as the faid Commiffioners (hall think moil convenient for the Safety of Vcfiels. (c) IV, AN D be it Enacted, by the Authority aforefaid. That the faid Commiffion- ers, or the Majority of them, in each refpedive Port, (hall have full Power and Authority to examine Pilots touching their Qualification, and upon their Appro- X X bation, (a) See A'ils 1768, Chap. 12, Dcc. 1770, Chap. 26, for amending and further continuing this Acl. (b) Some of the Commifiioners altered, by Aft Dec. 1770, Chap. 26. (c) The 3d Sedicn, for taxing Ve/fels, altered, by Act 1768, Chap. 12. Commiffioneri appointed. Comin'ninners to exaininc Pilots, and crant thsnti Cert ficatu to ilie G veinor, whj miy grant th:ni a WjifJUt, 346 jl. D. \j66. Ven. on them for piloting without a Warrant. LAWS of North-Carolina. PrAvifo, to retain a Certifiotc in 4 Pilots B.nd. to £ive Their Ftcs, Over the Bar. bation, to grant them a Certificate or Certificates, to be produced to the Governor or Commander in Chief for the Time being, in order to obtain his Warrant to pilot VefTels in all or any of the refpeftive Ports aforefaid : And in Cafe any Perfon fliall pretend to pilot or take Charge of any Ship or Vefiel without having pafTcd an Examination as aforefaid, and obtained a Warrant for fo doing, and alfo given Bond, in Manner as is hereafter directed, Ihall forfeit and pay, lor each and every Offence, the Sum of Twenty Pounds, Proclamation Money. V. PROVIDED never thelefs. That no Perfon fhall be fubject to the faid Penalty, who fhall obtain a Certificate of his Qiialification as aforefaid, within Four Months from and after the pafTing of this Act. VI. AND he it further Enacted, by the Authority aforefaid. That all Pilots al- ready appointed, or that fliall be hereafter appointed, fhall give Bond, in the Sum of One Hundred Pounds, with Two good Securities, to the refpective Commifli- oners of the feveral Ports before-mentioned in which they fhall act as Pilots, con- ditioned for the true and faithful Difcharge of their Duty. VII. AND he it Ena5fed, hy the Authority aforefaid. That there fhall be paid and allowed to every Pilot who Ihall take Charge of any Ship or VefTel, the follow- ing Pilotage i that is to fay, (d) For every Ship or Veffel from the Outfide of the Bar of Occacock into Beacon Ijland Road, Two Shillings, Proclamation Money, per Foot, for every VelTel that drav/s Nine Feet V/ater, or lefs •, and for every VelTel that draws more than Nine, and under Ten Feet Water, Two Shillings and Six Pence, Proclamation Mcney, per Foot-, and for every Veflll drawing Ten Feet, and upwards, Three Shillings per Foot •■, and that the faiiK Sums be allowed to Pilots for Pilotage outwards as inwards. ToE.uh. And for every VelTel from Beacon Ifland Road, that draws Six Feet -Water, or lefs, to Bath Town, Thirty Shillings, Proclamation Money •, and for every VelTel that drav^^s above Six Feet Water, Six Shillings, Proclamation Money, per Foot. To E.ienton. And for cvcry VefTel from Beacon Ifland P.oad, that draws Six Feet Water, or lefs, to Edenton, Three Pounds, Proclamation Money -, and for every Ycfftl that draws above Six Feet Water, Ten Shillings, Proclamation Money, per Foot. ToNewbern. And fot evcry VefTel from Beacon Ifland Road, that draws Six Feet Water, or lefs, to Ne-zvhern, Thirty Six Shillings, Proclamation Money ; and for every VefTel drawing above Six Feet Water, Seven Shillings ^^'r Foot. Pilots going over And whcH any Vellel whatfoever fliall be bound over the Bar of Occacock afore- VcVd/ in" Su faid, whether fuch VelTel fhall make a Signal for a Pilot or not, any Pilot who fliall tied .0 Half Fees, go ovct the Bat afortfaid to pilot fuch VefTel into Port, and offer his Service for that Purpole, fhall be intitled, although the Mailer of fuch VefTel fliall refufe to employ him, to Half the Fees which he would have been intitled to if he had taken Charge of, and piloted fuch VefTel over the Bar aforefaid ; and the Maflrer fliall be obliged to pay the fame accordingly : And any Pilot appointed as is herein before- mentioned, who fliall demand or exaft any larger Sums of Money than is by this Aft direftcd and appointed, fliall forfeit and pay Ten Pounds ; provided that Suit lawful Fees. Is bvought or profccutcd within One Year after fuch Demand or Exaftion made, and not afterwards. Pen. taUii n tnem for more than ciicaor to jrive VIII. AND he it further Enacted, hy the Authority aforefaid. That each of the Security, orCum- f^^j Colkdors hctein appointed for the feveral Ports aforefaid fliall, before he enters on (cl) 'Thz Pilotage for thofc Pilots that have decked Boats, altered, by Aft Dec. 1770, Chap. 26. L A I'/ S of N O X T H - C A R O L I N A. ^7 app-ini C<:iv;.r3. inay let \U. on the faid Oftice, give Security, in the Sum of Three Hundred Pounds, to the ^. D. 17C6. Commiirioners herein appointed ibr each of the faid Ports refpedtively, for the due Performance of the Truil repofed in him, and for his accounting with, and paying to the faid Commifiloners, as often as required, all fuch Sum or Sums of Money as fhall be, from Time to Time, by him received ; and if either of the faid Colieftors fliall refufe to give fuch Security, it is hereby Enafted, That the faid Commifiionei-3 of that Port fhall and may appoint another Receiver or Receivers in his or their Place and Stead, who fhall have full Power and Authority to receive the faid Tax^ riving fuch Security to the Commiffioners of the Port where he is fo appointed. IX. AND he ii further Enaaed^ by the Authority af ore/aid^ That each Receiver Rpceu-rs Pow-r fhall, in his Port, have full Power and Authority to go on Board any VelTel, in "> meafuit v.f. order to meafure and afcertain the Burthen of fuch Veflcl -, and fliall likewife have '^'''' Power and Authority to examine, on Oath, the Matter of any Veffel for that Pur- pofe. X. AND he it further Ena^hd, ly the Authcrity aforefnid. That from and after the paffing of this Act, no Collector of either of the faid Ports fhall clear out any VelTel till the Mailer lliall have produced to him a Certificate from the Receiver of the faid TaXj of his having paid the lame, under the Penalty of Twenty Pounds, XI. AND be it further EnaSled, by the Authority aforefaid. That the Expence of Epoint.d. may be greatly facilitated for the Benefit of the l rade of feveral Parts of this Pro- vince ; Be it therefore Enameled, by the Authority aforefaid, That JVilliam Cole, John Eafon, and Robert Read, of Carteret County, be, and are hereby app<;inteii Ccni- miflioners for the Navigation of Old-Topf ail Inkt ; and from faid Inlet through Core- i^af'nsV.vfflj;'^ 6V.W-/to Harbour-Ifuind; and are hereby authorifed to contraft with proper Peiilni'i .agihccha;u:h, to cteft onc or more Beacon or Beacons, for Old'^I'opfail Inlet; and for flraking out '^•' the Expence cf ptir- LAWS of North-Carolina. 349 the Channel from faid Inlet, through Core- Sound, to HarboHr-If.and; and from Time ^. D. to Time, to keep the fame in Repair, as Need may require. 766. T.xhld en V.f- fcls. XXI. AND for defraying the Expence of eredling one or more Beacon or Beacons, and flaking the Channel aforefaid, and keeping the fame in Repair; Beit further Enabled, by the Authority aforefaid^ That the Ibllowing Taxes fhall be paid by the Mafter or Owner of each Veilel, of the Tonage and Draught of Water hereafter mentioned, coming in at O'.d-Topfail Inlet, or going either Way, through Core-Soimd, froiii Harhotir-Ijland to Harkerh-Ijlandy or further ; tiiat is to lay, All Veflels of Thirty, or under Fifty Tons, coming in at Old-Topfail Inlet, fhall O'^oiJTopf.a. pay Ten Shillings, Proclamation IMoney. Every Veff^l of Fifty, and under One Hundred Tons Burthen, or upwards, com- ing in as aforelaid, lliaii pay l~wenty Shillings, like Money. And every Craft or VelTel going either Way through Core-Sound, to or from ILir- Through Ccte* hour-Jjhndio Harker"s-TJlan\ or further j and drawing Three, and under Four Feet ^'"'"'^' Water, fliall pay Four Shillings. Every Craft or VeiTel drawing Four, and under Five Feet Water, fhall pay Six Shillinss and Eight Pence. And every Craft or VeiTel drawing Five Feet Water, and upwards, fnall pay Ten Shillings, Proclamation Money. XXII. AND he it further Enabled, by the Authority aforefaid. That the faid Com - commifii.nen to milTioners, or their SuccefTors, fhall, from Time to Time, as they feem meet, ap- ai'pointi'-"'-'vers. point Two R?ce>jrs of the aforefaid Taxes ; and take fuificient Bond and Security of x\\tm, for the faithful Dilcharge of their Trail \ one Receiv.T relldino-in or near t!ie Town of Bca-fort, and the otlier on iraiz convenient Part of Core-Sound: And the faid Receivers, or Commiflloners themiclves, are hereby impowered to flop or retain any VefTel or VelTcls coming in at Old-'Topfail Inlet, or going through Core- Sound, until the Mafter or Owner of the fime fliall pay the above rated Taxes : And in Cafe the Mafter or Owner of any Veilel or Craft, fhall endeavour to efcape, and evade Payment of the above-mentioned Tax, the Conin^iiTioners or Receivers may through o purfue fuch Veftels, and put Men on Eoard of them, and charge the Expence to the oirxopfni! m Mafter or Owner of iuch VeiTel ; who Ihad be obiigtd to pay the fame. the Tax paid'. An! may ftnp More- over XXIII. ANT) be it further Enacted, by the Authority aforefaid. That if any VefTel fhiU efcape, or go out at the Inlet, or pafs through Core-Sound, without payino- the aforementioned Tax, that the Mafter or Owner of fuch Craft or VefTel ihall forfeit and p'\y Twenty Pounds, Proclamation Money; to he recovered at tlie Suit of the CommilTioners, with Cofts, in any Court of Record in this Province ; the one Third to be paid to the Informer, and the other Tv/o Thirds to be applied, with the Tax, lor the Improvement of tlie Navigation. XXIV. AND be it further Enacted, by the Authority aforefaid. That this Tax (hall not effe»51: the Inhabitants oi Core-Sound, Jiving between Harboi.r-Ifand auABcau- fort, at the firft tranfpoiting of their Naval Stores, or any Produce of their Planta- tiGn>--, to Market. Pen. on \fa(ler3 rf VciTels n't p.iyiiig ihe lit.. Not to efF=a the Hlantcrs, carryirrj their Produce to Market. Cartprct County kept up. XXV. AND be it further Enabled, That in Cafe of the Death, Refufal to a6l, Nu'ii^erofcom, or Removal of any of the above named Commifiioners out of Carteret County, the '""^' "'" '" remaining CommifTioneror Commiflloners fliall, from Time to Time, choofe another Comminioner or CommilTioners, in the Room and Stead of him or them fo dyinp- refufmg to a'fl, or removing; who fhall he vefted v/ith the fame Powers and Autho- rities, as if he had been exprefsly named in and by this Acl. XXVI. AND 35^ L A IV S of North - C a r o l i n a. A. D. 1766. C .Mr.rriifTi incrs to g.ve Q.ni. XXVI. AND he it further Ena5fed, hy the Authority aforefaid. That the afore- faid Commiflloners (hall give Bond of Three Hundred Pounds, Proclaniation Mo- ney, to the Governor or Commander in Chief for the Time being, for the faithful Difcharge of their Trull, and proper Application of the faid Taxes, according to the Intention of this Aft ; and the faid Bond to be renewed as often as a new Commif- fioner is chofen, and acknowledged in the Inferior Court of Carteret County ; and to be there lodged in the Clerk's Oflice. Powder Money XXVII. AND whcteas there is fome Powdef-Money, formerly received of 'ejjpikX ' ." ' VefTcls that have come in at Old-Topjail Inlet, ftill remaining unapplied, in the Hands of Robert Read; Be it further Ena5fed, That the faid Commiflioncrs {or Old- 'TopfaillnltU and Core-Sound, are hereby impowered to fue for, recover, and receive the fame ; to be applied for facilitating and improving the aforefaid Navigation. M F-'rtthn'itTn* XXVIII. AND whcrcas the Fee allowed to the Captain of Fort Johnfton, from fr "f RM 'of all Mafters of Veflels comihg into the River of Cape-Fear, is found, from Experi- ence, not to be adequate to the Services he is obliged to perform ; Be it therefore further Enailed^ hy the Authority aforefaid. That from and after the pafTing of this AcfV, the Captain of the faid Fort fhall and may have and receive, from the Mafler of every VefTel coming into the faid River of Cape-Fear, the Sum of Ten Shillings, Proclamation Money, for adminiltering the Oath prefcribed by Law, and figning a Bill of Health ; any Law to the contrary notv/ithllanding. Hilth. Cintinu.ince the Aa. . XXIX. AND he it further Enabled, hy the Authority aforefaid. That tliis A6b fiiall continue and be in Force, for and during the Term of Five Years, and from thence to the End of the next SefTion of Afiembly, and no longer. C HAP. IX, Preamble. M-irrlages by DiT- lenting Citrgy- valid. dfchrcd Pen. for marrying without publiHi- ing Binns, or Li- cence. An Act to aracnd an Act, intituled. An Aft concerning Marriages. HERE AS by an Aft, intituled. An Act concerning Marriages, it is En- afted, That no Minifter, or Juftice of the Peace, Ihall celebrate the Rites of Matrimony between any Perfons, or join them together as Man and Wife, with- out Licence, or Certificate of Publication, as m.entioned in the faid Aft: And whereas the Prefbyterian, or difTenting Clergy, conceiving themfelves not included in the Reftiiftion of Minifters mentioned in that Aft, have joined many Perfons toge- ther in Holy Matrimony, without either Licence or Publication •, whereby the Pay- ment of the juft and legal Fees to the Governor on fuch Occafions, has been eludcdy and the Validity of Marriages may be endangered : II. BE it Enacted hy the Governor, Council, and /ffemhly, and hy the Authority of the fame. That all Marriages that have been, or fliall be folemnized, before the Firft Day of January next, by any of the Diflenting or Prefbyterian Clergy, in their ac~ cuftomed Manner, fhall be, and are hereby declared to be as valid, legal, and effec- tual, to all Intents and Purpofes, as if performed by any Minifter of the Church of England, under a Licence taken and granted according to the Direftions of the afoVefaid Aft. III. AND he it further Enabled, hy the Authority aforefaid. That from and after the Firft Day of January next, no Minifter of the Church of England, or any Juftice of the Pence wifhin this Province, fhall, under the Penalty of Fifty Pounds, Procla- mation Money, for every Violation of this Aft, perform, celebrate, or folemnize any Marriage, or the Rites of Matrimony, between any Perfons whatfoever, or join them together as Man and Wife, without Certificate of thrice Publicadon of the Banns, according to the Direftions of the faid Aft ; or Licence firft had and obtain- ed, under the Hand and Seal of the Governor or Commander in Chief for the Time beinir. L A JV S of North -Carolina. Z5^ being -, who is hereby authorized to grant the fame, on Certificate from the Clerk of the County Court, of his having taken and filed in his Office, the ufual Bond, in the Penalty of Fifty Pounds, Proclamation Money ; with Condition, that there is no lawful Caufe to obftruct the Marriage for which fuch Licence is dcfiied. (a) V. AND be it further Enacted^ by the Authority aforefaid^ That the Governor or Commander in Chief for the Time being, for each Licence of Marriage granted as aforefaid, fliall be mticleJ to take and receive Twenty Shillings, Proclamation Money. . VI, AND he it further EnaEled^ by the Authority aforefaid^ That all and every Certificate or Certificates to the Governor or Commander in Chief, for obtainino- Licence as aforefaid, and Bonds aforciaid, fliall be iisade ar.d taken by the Clerk of that County in which the Feme refides ; and fuch Clerk is hereby direfted to make fuch Certificate under the Reftriiftion, in Relation to Perlbns under Age, as menti- oned in the aforefaid Aft ; for which faid Service of taking the Bonds, and n-ivino- A. D. 17(6. T;e to till vernur foi cence. Go- fuch Certificates, faid Clerk is hereby auchorized to take and receive Five Shillings, Proclamation Money, and no more : And if any Clerk fhall alk or demand any irger Sum for filling up the Licence, and other Services by him to be done, by ''irtue of this Aft as aforefaid, he fliall, tor every Oflence, forfeit and pay the Sum ly '-iciiv mail aiK or oemano any lar< Virtue 01 ttus J\ci as aiorciiiiu, iic juiiii, lui cveiy wiicnce, lorieit ancl pay of Forty Siiillings, Proclamation Money ; to be recovered by a Warrant from a Jufl:ice of the Peace ; to the Ufe of the Party grieved. Licence to b; i b- t lined in the County v.lure tl»e Feme lelidcs. Clerk's Fee, :ind Pen. fir taking greater Fees. Prefintcrjan Cler- gy to celebrate the Rites of Ma- tiimony, VII. AND be it further Enacted, by the Authority aforefaid. That irom and after the Firft Day of January next, it Ihail and may be lawful for any Prefbyterian Mi- niflier, regularly called to any Congregation in this Province, to celebrate the Rites ot Matrimony between Perlons, and join them together as Man and Wife, in their ufual and accuflromed Manner ^ under the fame Regulations and Refl:riftions, as any lawtul Magiftrate in this Province might celebrate and folemnize the fame. VIII. PRO FID ED always. That all fuch Marriages fo folemnized by any By Dcnce, 33 Prefbyterian Minifter as aforefaid, fliall be under a Licence, firfl: had and obtained '^'' ^^ dircfls. from the Governor, or Commander in Chief for the Time being, or by Licence in fuch Manner as direfted by this Aft ; and that all Marriages iolemnized as afore- faid, without fuch Licence firit had, Ihall be, and are hereby declared ille^-al and void. IX. AND be it further Enarted, That any Prefbyterian Minifter, folemnizing the Rites of Matrimony as aforefaid, without fuch Licence fiiit had, fliall, for every fuch Offence, forfeit and pay the Sum of Fifty Pounds. X. PROVIDED alirays. That the Minifl;er of the Church o{ England, ferv- ing the Cure of any Parifli, fliall have the Benefit of the Fee for all Marriages in the faid Parifli, if he do not refufe to do the Service thereof, although any other Perfon peribrmed the Marriage Ceremony. Pen. for marry, inj; othcrwile. M!n-ftcr rf the VifAh ta have the Frc, if he don't refufe to ptiforia the Service, i the of the Gove: no Fies on Ucecccs, XI. AND for compelling the Clerks of the Inferior Courts to account with Method of p.o. the Governor, or Commander in Chief ibr the Time being, for any Fees that may ^"''^"g ag^'nt be received by Virtue of this, or any other Aft of Afl^embly ; Be it further Ena^ed, peiT'the 'A/mTn; by the Authority aforefaid. That when Motion fhall be hereafter made againfl: any Clerk for Fees, which fuch Clerk ought to be accountable for, to the Governor or Commander in Chief, the Sum fuppoled to be due fliall be fpecifted in the Notice ferved on iuch Clerk, at leafl; Ten Days before fuch Motion ; who, on appearino- thereto, fhall render an Account, on Oath, lor all Iuch Monies as he hath, or ouo-h't to have received, for fuch Governor or Commander in Chief, and pay tiie fame ; and on Failure fo to do, the Court fliall give Judgment for the whole Sum men- tioned in fuch Notice, and award Execution thereon. XII. AND (a) Tiie 4th Claufe repealed, and provided for, by Ad Dec. 1770, Chap. 28. 352 LAWS of North-Carolina. 1766. XII. AND he it further Ena^ed, by the Authority aforefaid^ That the feveral Fines and Forfeitures by this Adl inflided, for which no Method of Recovery or Application is herein before direfted, fliall and may be recovered by Adtion of Debt, with Cofts, before any J urifdidlion having Cognizance thereof ; one Half to the Ufe of the Profecutor, and the other Flalf to the Farilh wherein fuch Penalty fhall be incurred j to be applied by the Churchwardens towards lefTening the Parifh Tax. R.-peaiingCbure. XIII. AND be it further EnaHed, by the Authority aforefaid^ That fo m-uch of the before recited A6t, as relates to the granting or obtaining a Licence, taking the Bond, or making Certificate, contrary to, or in any other Manner than direfted by this Act, fhall, from and after the Firil Day of January next, be repealed, and made null and void. CHAP. X. An ASf for a further Allowance of Commifjions to Sheriffs, and ColleElors of Taxes, and other Purpofes therein-mentioned, (a) Rules of N^w- V. A N D as many Doubts and Difputes have arifen relative to the Limits of Bounds afceruin" jLA. '■'"'^ Priion Bounds for the Gaol of New-Hanover County, Be it Enabled, "^- ^ by the Authority aforefaid. That the Inferior Court for the County oi New-Hanover, to be held next after the pafiing of this Aft, fliall nominate and appoint Two of the Juftices of the faid Court, who, with the Sheriff of the faid County, Ihall fee the Prifon Bounds run off agreeable to Law, and make a due Return thereof to the next Inferior Court ; and the fame fliali be recorded in the Minutes of the faid Court, and be and ftand as the Rules and Limits of the faid Gaol ; any Law, Ufage, or Order, to the contrary, notwithftanding. C H A P. XI. An A5i to lay a Tax on Pedlars, and other iti?ierant Traders, coming into this Pro- vince. EXP. CHAP. XII. Provi^cd^^f^T^ by _^^ jc^ iQ amend an A£i, intituled. An Adi to prevent the Exportation of unmer^ Aft, paffcd Dc. chantable Commodities. 1770, Chap. 7, CHAP. XIIL An A5i for appointing a Printer to this Province, (b) Preamble. I. TTTHEREASitis neccffary that a Printer be appointed to print the Laws, y Y Journals, and other Public Bufinefs of this Province: Printer appomted H. Be it therefore Enacted, by the Governor, Council, and Affemhly, and by the Au- init""ihe" Lawr, thority of the jayne. That James Davis, of the Town of Newbern, be appointed '"• Printer to this Province, for and during the Term of Three Years from and after the pafTing of this Adl, and from thence to the End of the next SefFion of Affembly ; and that the faid James Davis, at every Seflion of Affembly, print the Speeches, Addrefles, and Journals thereof, and deliver a Copy of them to his Excelltncy the Governor, and to each Member of his Majefty's Council, and of the Affembly ; alfo that the faid James Davis, within Three Months after he ftiall have received from (a) This Aft, all but the 5th Seftion, repealed by the Sherifis Ad, 176S, Chap. 6. (b) This AQ. further continued, by Aft Dec. 1770, Chap. 8. L A IV S of North-Carolin A. >> from the Secretary attefted Copies of the fevcral Afts of Affembly that may be /^. D. 1766. paflcd at every Seffion, print and tranlmit one Copy of them to his Excellency the y-'^-y'"-^ Governor, one Copy to each Member of his Majeity's Council, one Copy to every M:-mber of Aflembly, one Copy to the Clerk of each Houfe of Aiicmbly, one Copy to the Clerk of each Superior Court, one Copy to each Clerk of the Inferior Courts ; and one Copy to each and every Jullice ot the Peace in every County in this Province i and aifb'a Copy of the Journals of the Aflembly to the Clerk of each Houfe. III. AND be it further Ena5led^ by the Authority aforefaid. That the fiid James Ai;«, th.mto (hall not deliver the fame when demanded, at his Office, to the Perfons intitled to '''^ >*'"'• them, he or they fo oltcnding, Iliall lorfeit and pay the Sum at Ten Pounds ; to be recovered before any Court of Record within this Province, having Cognizance of the fame ; one H.ilf to the Informer, and the other Half to the f'oor of the Parilli wh?re the Offence Ihali be committed : And if the faid James Davis ihall fail or p>n.f„r^-^ttnr,^ negletft to tranfmit any of the Afts of Aflembly as atorefaid, he fliall, for each Fai- '^'"^"e '^'^m w lure or Negleft,^ forfeit and pay the Sum of Fiity Pounds; to be recovered and '^''^''"'"• applied as atbrefaid. IV. AND he tt further Enaled, by the Authority aforefaid. That the faid James p^im,,., Sa],ry, D'lvis, for and in Co/.fideration oi his doing and paiorming the Services aforelaid, be allowed and paid the Sum of Two Hundred and Fifty Pounds per Annum ; to be paid him m Half Yearly i-'ayments, by a Warrant from his Excellency iheGover- iior, directed to either of the Public Treafurers of this Province. V. ^IND be it further Emcfed^ by the Authority afcrcfaid. That a Tax of Four t« inij rrpsy. Pence be laid on every taxable Pcrlon within this Province, for and during the Term "'8 ""^ S'-'^'y* of Three Y'ear^, for paying and fitisfying the faid Salary to the faid James Davis^ '*' ""' ''"'"^ °°* and that the Overplus thereof be paid into the Public Treafury, to be applied to and for the Contingencies of Government ; which laid T«x Ihall be coUedted by the feveral Sheriffs, and accounted for and paid in the fame Manner, and unuer the fame Pains and Penalties, as other Public Taxes. j;:o^>tiiiCcUa C HAP. XIV. An Ail to prevent the LihaUtants of South Carolina driving their Stocks of Cattle from thence to range and feed in this Province, and other Purpofes. I. T T 7 H E R E A S of late Years many of tlte Inhabitants of South CcroUna have FreamMs. Y Y made it a Pradlice to fix Cowpens, and fettle People with large Stocks of Cattle (though they are not Owners of any Land) in this Province, which de- fliroys the Range, and greatly injures the poor Inhabitants of feveral of the Counties bordering on South Carolina : II. B E it therefore Enacted, by the Governor, Council, and Afembly, and by the p.rfon,nofrnt,3. Authority of the fa-Me, That from and after the palling of this AA, it fhall not be p/„\7,'^/^ '*).'^ lawful tor any Perlbn, who is not an Inhabitant of this Province, to fix any Cowpen, ^'l^ZTcmZZ or fettle or range any Stock or Number of Cattle in this Province; nor fliall any ijjs Si.cks ihe.c Inhabitant, on any Account whatever, take Charge of, or receive under his or her Care or CuiT:ody, in order to range or raife Stock, any Number of Cattle belonging to an Inhabitant of any other Province, or wherein a Refident of any other Province hath any Siiare or Interefl, unlefs iuch Owner or Keeper fhall be legally poflefl~ed, in his or her own Right, of a fufficient Qiiantity of L^.nd for feeding'^the faid Cattle on, allowing One Hundred Acres of Land for every Ten Head of Cattle : And that the Owner or Keeper ot fuch Cattle fiiall record in the Inferior Court of the County where he or flie intends to ran.n;e Cattle, the Nun^ber of Acres lie or flie is Y y legally 2^^ L A fV S of North-Carolina. /!. D. 1766. legally pofTefled of, and whether it is by Patent, Will, Deed, or otherwife, with ^— "V"*-^ the Date of fuch Patent, Will, Deed, or other Inftrument ; and on any Trial for a Breach of this Law, fuch Record Ihall be deemed good Evidence againlt the Ow- ner or Keeper of Cattle, as to the Number of Acres fuch Perfon pofieffes : And if Pen. for B" each any Pcrfon contrary to this Ad fliall prefume to range, or keep a larger Number of /InSertfReco'! fuch Cattle than 'I'en Head to every Hundred Acres of Land he, flie, or they, *«y- fhall be legally poflcfTed of as aforefaid, and fo in Proportion •, all the Cattle ex- ceeding that Proportion ihall be forfeited and fold by the Sheriff of the County wherein the faid Cattle were ranged or kept, on legal Proof made to the Inferior Court ol the fame County, by any Freeholder thereof j the faid Freeholder giving the Owner or Keeper of the faid Cattle Five Days previous Notice, that at the next Inferiour Court to be held for the faid County, he intends to lodge a Complaint againfl: fuch Perfon, for ranging or keeping a greater Number of Cattle than he is by Law intitled to range or keep in the faid County •, and on Proof of Service of the faid Notice perfonally, or by having a Copy of the fam.e left at the Place of fuch Perfon's Rtfidence, the faid Inferior Court fhall, without Delay, proceed to hear the Complaint in a fummary Way, without the Solemnity of a Jury, and de- termine according to Evidence, and the Right of the Matter before them : And if Judgment pafs for the Complainant, the Clerk fhall forthwith iffue an Order to the Sheriff for the Sale of all fuch Cattle, agreeable to the Judgment ; which Sheriff fhall, without Delay, either by himfelf or Deputy, execute the Command of the faid Order, and return the Money to the next Court-, one Third thereof to be paid to the Complainant, one third Part thereof to be paid to the Churchwardens of the Parifh, for the Ufe of the Poor (being Parifliioners) and the remaining third Part to be paid to the former Owner of the Cattle, if called for within Twelve Months, otherwife to be applied towards the contingent Charge of the County. p.tfonj having III* A N T> hc it furthcr Enacted^ by the Authority aforefaid^ That any Perfon now the Care of a l^jj^jng the Carc of any Stock or Number of Cattle, the Property of an Inhabitant f,rc!uie oTany of any other Province, or wherein an Inhabitant of any other Province hath any Aa' a'lhw " "'to Share or Interefl, exceeding Ten Head of Cattle to every Hundred Acres of Land remove the Over- fuch Owncr or Ktcpcr Ihall be pofTefTed of as aforefaid, the Perfon in whofe Care the plus Cittie. |-^- J Cattle are, fhall, within Six Months next after the paffing of this Ad, remove, or caufe the faid Overplus Cattle to be removed out of the faid County i under the Penalty of forfeiting the fame, by Judgment of the Inferior Court of the County ; under the fame Rules and Regulations aforefaid. Drivers of Cattle JV. AND whcrcas much Lofs or Damage has often enfued to the Inhabitants r.'m.'ringdift^r of this Provincc, from diflempered Cattle being drove through the fame ; For Re- pered Cit.k. fHcdy whcreof, Be it EnaEled^ by the AtUhority aforefaid. That from and after the pafTing of this Ad, no Perfon or Perfons whatever, fliall drive any Cattle into this Province, or from one County to another, without having with him or them a Certi- ficate or Certificates, under the Hand and Seal of a Juftice or Juftices of the Peace of the County where the Cattle were feveraliy and refpedively purchafed or brought-, fettino- forth, that Oath had been duly made by the refpedive Owners, that fuch Cattle, at the Time of the Purchafe or Removal, were found, and free from any Diflemper or Infedion ; and that no Difttmper or Infedion were known to be among Cattle at that Time within Five Miles from the Place whence they came; and fhall likewife mention the Mark and Brands of the faid Cattle. Pen for driving V. yfiVD ?V /V /ar/i't'T £77i2^^i/, That cvcry Perfon ot Pcrfons who fliall, after c-"ifi«te''as this *^'^ pafTing of this Ad, drive any Cattle into this Province, or from one County to Aft'di'reas!' another within the fame, without fuch Certificate or Certificates as aforefud, fhall forfeit and pay, for every Stter, Bull, Cow, Calf, or Heifer, refpedively, for which he fhall have no Certificate, the Sum of Forty Shillings; to be recovered by a Warrant before any Juftice of the Peace of the Couty where fuch Cattle fhall then be, and be levied on the Body, Goods and Chattels of the Delinquent or Delinquents, for the Ufe of the County : And every Perfon driving Cattle as aforefaid, is hereby required L A PV S (?/■ N O R T H - C A R O L I N A- ^X.^ iicd. required and direded to produce a Certificate or Certificates ar? aforefaid, at the Re- d. D, 1766. qued of any Perlbn, a Ucfidenc in the County wherein fuch Cattle are; and upon ^ff^C^ji^ his Refufal io to do, on Complaint thereof made to any Juftice of the Peace in the .;• c n? faid County, fuch Juftice is hereby impowered and diredcd, to ifiue a Warrant to "''' brino- fuch Drover or Drovers before him ; who, for every llich Refufa], fliall forfeit and pay the Sum of Twenty Shillings-, and till the fame is paid, the faid Juftice fnall commit the Offender to the Gaol of the County, or iffue an Execution againft his Goods arid Chattels, as fuch Juftice thinks moft expedient; which Forkuure iTiall be applied to the Ufe of the County, and accounted for at the next Inienor Court. VI. AND it is hereby further Ena'?ed, That in Cafe any Cattle hereafter (haW be ^Z^;,^'';^';^"^ fufpeaed to have any Diftcmp.r, any Two Juftices of the Peace, and one Freeholder, ^^^ZL^ (ot'^X are hereby impowered and directed, to enquire into the lame; and on due Proof ;"■'"« 't» thereof made, ihall make iuch Order therein, as may bcft tend to prevent the inl-cc- • tion fpreading. CHAP. XV. Jn A5i to amend an Act^ intituled. An A61 for eftablifhing a Town on the Land for- merly granted to JFitliam Cburtcn^ Gentleman, lying on the North Siac ot the Enoe River, in the Cwunty of Orange. I. TTTHEREAS the erefling and eftablifhipg a Town in the County of p.ivnei YY Orange, has been found lerviceable, in promoting inlanJ Trade and Com- merce jn the F/eJlern Part of this Province : And whereas the Ad 01 Affembiy pai- fed at Newbern, in the Year of our Lord One Lhouland Seven Hundicd and Fi^y- feven, for eftablifhing the fame, is found to ftand in Need of many Alterations and Amendments : IL B E it therefore Ena^ed,, by the Governor, Council, and AffemUy, and by the Hi'Kbnrough e- Aiithority of the fame. That the Fcur Hundred Acres of Land by laid Ad conftitut- ^^^''^• ed, eretted, and eft.biifhed a Town, and Town Common, by the Name of CMry^ bari, fiiall, from and aficr the palling Q>i this Ad, be kuown and called by the Nun.e of Hillfboroiigh. III. AND be it further Ena^ed, by the Authority aforefaid. That forever, after c mfs.^-c. toi.a the paffiag of this A6t, the Courts of the County ot Orange, the Election ot Repre- "'''''" ^"''"* Jentatives, and the Election of Veftrymen, fliall be held in the Town o\ Hilljhorotigh-, and at no other Place : Any Law, Ufage, or Cuftom, to the contrary notwith- ftanding. IV. AND be it further EnaP.ed, by the Authority aforzfaid^ That no Suit, Writ, NoSmtto .bite or other Procefs that is, or ftiall be made returnable to the next Inferior Court of ["h^ n !!■"' oi" ii^e Pleas and Q^iarttr ScfTions, to be held for the County of Orange, after the paliing I'cwa. of this Ad, Ihall be abated or vacated ; or any B^^il Bond, Recognizance, or other Inftrumenc of V/riting, become void or invaiijdated ; but the fame fnall be good, available, and effedual in Law, to every Intent and Purpofe whatfoever, as it the Alteration of the Name of the laid Town, and Town Common, had never been made. V. AND be it further Enabled, by the Authority afcrefaid. That fo much of the ^a of the f.mi before recited Act (except as hereafter excepted) Ihall be, and is hereby oeclared to makinj thu Act. bj of the Ua- Porz'::, ErL'd, and Validity, in Relation to the laid ToNvn and Town Common, as if the fame had originally been called by the Name of liiUjlorough. VI. AND be it further Ena^.ed, by the Authority aforefaid. That it fcall and ,^; i;^",^'; ^""*: may be lawful for the Treaiuier of the laid Town, and his Succeflors in Ofilce, for wis. the Confideration oi Twenty Shillings, Proclamation Money, to make an Entry of Y y 2 . any 35^ I#^i^/^S(?/ North-Carolina. A. D. 1766. any Lot of Land therein lying vacant or unimproved (except thofe Lots referved by *"'**^*''***^ the aforefaid A6t of Aflembly to William Cburton^ Efq^ and fuch Spring Lots as the Diredors and Truftces of the faid Town, and their Succeffors, (hall think fit and convenient to be referved and left free to the Inhabitants of the faid Town, to be fupplied with Water •, and the Lot No. I. in the Plan of the faid Town, which is hereby referved for the Ufe of the Public, as a Place for Market- Houfe, Court- Houfe, Priibn, Pillory and Stocks ; and alio, fuch Lots as fhall or may be thought neceffary, to be referved by the Diredlors of faid Town, and their Succeffors, for ere£ting thereon a Church and School Houfe, and for a Church- Yard :) And the faid Directors and Truftces, or a Majority of them, fhall, at the Expiration of Two Years from the Date of making the Entry with the Treafurer as aforefaid, make and execute a Deed for granting the fame, to the Perfon making the Entry, his Heirs and Affigns, for ever, at the Coils and Charges of the Perfon to whom the fame fliall be conveyed •, he paying, over and above the Entry Money, Eight- Pence, Proclamation Money, annually, for each and every Lot that fhall be fo conveyed ; which fhall be applied by the faid CommifTioners, and their Succeffors, to the Payment of the Quit-Rents due, or hereafter to be due to the Earl of Gran- ville, his Heirs and AfTigns ; and if any Overplus be remaining, the fame fliall be laid out for the Benefit and Improvement of the faid Town ; and every Perfon claiming any Lot or Lots by Virtue of any fuch Conveyance, fhall and may hold and enjoy the fame, in Fee-Simple. Time of fiving VII. PROVID EB 7ieverthekfs, That all and every Perfon who heretofore ^^^•'"' has, or hereafter may make an Entry of any Lot or Lots in the faid Town, fliall, within Two Years next after the Day of entering, and taking up of the fame, erect, build, and finifh, on each Lot fo entered, one Brick, Stone, of framed Eloufe, at lead Twenty Feet long. Sixteen Feet wide, and Nine Feet Pitch in the Clear, with a Brick or Scone Chimney, or proportionable to fuch Dimenfions, if fuch Perfon fhall have Two Lots contiguous : And if the Owner or taker up of any Lot, fliall fail to purfue and comply with the Directions in this Act prefcribed, for building and finifhing a Floule thereon, then the Property of fuch Lot, upon which fuch Houfe fhall not be built and finifhed, fhall be and continue in the faid Directors and Truftees ; or a Majority of them may, and are hereby impowered and autho- rized, to fell fuch Lot, by public Sale, or otherv/ife, for the bell Price that can be had ; and the Purchafer of any fuch Lot or Lots complying, in all Things, with the Directions and Regulations before in this Act prefcribed, with Refpect to build- ing and finirtiing of a Houfe or Houfes on the faid Lot or Lots ; otherwife the fame may be fold to any other Perfon or Perfon under the Like Conditions : And. D r-.n^rs may in Cafe of the Ref ufal or Neglect of any Perfon who fhall or may take up any Lot, n'e"i!rrf i-lurhYie "^^ purchafc any Ground in faid Town, to pay the Sum agreed for, the faid Direc- Muney Lr Ljts. tDrs, or their SuccefTors, fhall and may commence and profecutea Suit in their ov/n Names for the fame, and recover Judgment therein, with Cofts. VIII. AND whereas by the Plan of the faid Town, Thirty Three Feet fquare, or Two fquare Poles of Ground, are taken from the Front Corner of each Corner Lot at the Crofling or Interfedlon of each main Street in the faid Town -, and as it can be of no public Ufe or Benefit v\/hatfoever, to have that Quantity of Ground taken as aforefaid from each Corner Lot ; Ground to be IX. B E it Enacted hy the Governor, Council, and AJfemhly, and hy the Authority of f..iH by the Di- the f aim. That the Direftors and Truftees of the faid Town, or the Majority of them, are hereby authorized, impowered, and required, on or before the Fourteenth Day of January next after the paHing this Ad, to fell, to the higheft Bidder, not exceeding Ten Pounds, Proclamation Money, each and every one of the faid Pieces of Ground of the Dimenfions of Two fquare Poles, which, according to the Plan of the faid Town, were taken from the Front Corner of each Corner Lot (Ten Days previous Notice being given of fuch Sale) and the faid Direftors and Truf- tees, or a Majority of them, are hereby authorized and required, to make and ex- ecute L A ^y S of North-Carolina. S7 ecute one or more Deed or Deeds, for granting and confirnning the fame to fuch ^- D. Purchafcr or Purchafers, his or their Heirs and AfTigns for ever, at the Coft and Charc-es of the Grantee or Grantees to whom the fame fhall be conveyed. 1766. Pfivilege of pur- ch.ifing certain Wcces of Gn.und. Lota refetvcrl to WlliamChDit n, not to be fold. Hogs not to ion at laig;. X. PROVIDED always. That in the Sale of the Two fquare Poles of Ground adjoinino- the Lot Number Twenty-fix, the Preference Ihali be and is hereby al- lowed to Mr. William Nunn, in Cafe he will give as much as any other Bidder, not exceeding Ten Pounds, Proclamation Money ; the fame Privilege is granted to iVIr. James Toung, in the Sale of the Square adjoining the Lot Number Twenty-five j and alfo the like Privilege is granted to Mr. Edmund Fanning, in the Sale of the Square adjoining the Lot Number Six in the Plan of the faid Town. XI. PROVIDED, That it fhall not be lawful for the faid Direaors and Truftees of the faid Town to fell or difpofe of the Front Corner, or any Part of the Lots referved to the aforefaid William Churton, or to the Ufe of the Public, by this or the before recited A6t, or the Corner of any Lot hereafter to be taken up in faid Town ; but that the Two fquare Poles of Ground be deemed Part of the laid Lot to which it joins. XII. AND whereas the allowing of Hogs and Geefe to run at large in the faid Town, is found to be a great Nufance to the Inhabitants ; Be it EnaSied, by the Authority aforefaid. That none of the Inhabitants of the faid Town fhall, on any Pretence whatlbever, fuffer any of their Hogs or Geefe to run or be at large within the Bounds of the faid Town ; and any Hog or Hogs, Goofe or Geefe, running at large in the faid Town, fhall be forfeited to any Perfon who (hall feize or kill the fame. XIII. AND le it further EnaEied, by the Authority aforefaid. That from and after Overfeertobsap- the Ratification of this Aft, it fliall and may be lawful for the Juflices of the County ^°"""'* of Orange, yearly, to appoint Ibme proper Perfon, Inhabitant of the faid Town, Overfeer of the fame ; whicii Overfeer fo appointed fliall, as often as there fhall be Occafion, fummons the Male Taxables, Inhabitants of the faid Town, to clear and repair the Streets thereof, and remove any Nulance or Nufances within the fame ; and if any fucii Male Taxable (except fuch as are exempted by Law from working on Public Roads) fhall fail or refufe to appear on fuch Summons, and work in the faid Town, at fuch Times and Places as the Overfeer ihall direft (Two Days Notice being given before the Day appointed for working) fuch Perfon fo neglecting or refufing, or the Mafter or Miftrels of fuch Perlbn, fliall forfeit and pay the Sum of Tv/o Shillings and Eight Pence, Proclamation Money, for every Day he fliall fo neglect or refufe ; to be recovered by a Warrant from any Juftice of the Peace of the faid County, and applied to the Ufe of employing Perfons to work and keep the Streets of the laid I'own clear and in good Order. XIV. AND le it further EnaMed, by the' Authority aforefaid. That the Inhabitants Tnfiaw.arti tx. ol liillfooroirgh fhall be, and are for the future exempted from working on any of l"^*" on"'pubiie the Pubhc RoaJs within this Province. \<^i^u XV. AND he it further Enacted, by the Authority aforefaid. That the Sheriff of the County of Orange, the Clerk of the Court of the faid County, the Regitter of the faid County, and their Succeffors, fhall, during their Continuance in Ofrice, hold and keep their refpeftive Offices in the faid Town oi Hillfl-'orough; and that if any of the fai'i CfRcers fhall negltft or refufe fo to do, each of them fo neglefting or refufing fhall, for every Month he fliall fo fail, forfeit and pay the Sum of Twenty Shillings, Proclamation Money, to be recovered before any Jurifdiiftion having Cognizance thereof; one Half to the Informer, and the other Half to the Diredors of the faid Town -, to be applied to the Ufe and Benefit of the faid Town. P-jbllc Offices to I.C kept in Town, XVI. AND 358 L A PV S of North-Carolina. Town CItrk to be appointed. XVI, AN D be it further Enacted^ by the Authority aforefaid. That the Dlreflors af)d Truftees for the Time being, or a Majority of them, fhall, and are hereby im- powered, to pafs any Order they may judge proper, for preventing Mortar, CLiy, or Wooded Chimnies, being built, and pulling down fuch are already built (if thought to be a Nufance) for making the People keep their Chimnies clean, and raifmg them to a proper Height, for obliging all Perfons to clean the Streets before their Houfes, and for all other Things for the Good and Safety of the faid Town, and the proper Regulation of it, conliftently with the Laws of this Province ; and to enforce fuch Orders, by laying a Fine, not exceeding Forty Shillings, Procla- mation Money, on all Perfons neglefting or refufing to comply therewith. XVII. AND be it further Enacted, by the Authority aforefaid^ That the DiredoVs and Truftees of the faid Town, or a Majority of them, fhall, as often as thty fliall think proper, appoint a Town Clerk, and fhall keep a Town Book ; in which fhall be entered the Time of taking the Entries of Lots, and the Orders they may niake, the Account of the Monies they have received, or hereafter may receive, the Man- ner of applying fuch Money, and the Sums remaining in Hand, under the Penalty of Fifty Pounds, Proclamation Money •, to be recovered by any Perfon who fhall or may fue for the fame, in any Court in this Provice having Jurifdidtion thereof j one Half to the Prolecutor, the other Half to the Ufe of the faid Town, XVIIL AND bi it further Em 5! cd^ by the Authority af or ef aid. That all the Monies arifing by the Sale of any Ground, or taking up of any Lot in the fi\id Town, or any other Way, by Virtue of this or the before recited Aft, be appro- priated, laid out, and applied to fuch Ufe or Ufes as the faid Diredors, or a Ma- jority of them, fhall think convenient, for the better Encouragement of the faid Town. Minles appropri- ated. Repeaiing ciaufc. XIX. A N D be it further Eha5!ed, by the Authority aforefaid. That the Sixth and Seventh Seftions, and fo much of the Second and Third Sedions, of the before recited A6t, as is repugnant to this A61, be, and is hereby repealed, and made null and void. CHAP, XVI, An A5i to continue an A5f^ intituled. An Aft to fupprefs excefTive and deceitful Gaming. EXP. Preamble. A£l continued. CHAP. XVII. An Auf for further continuing an A51, intituled. An Aft for the Reftraint of Vagrants, and for making Provifion for the Poor, and other Purpofes. (a) I. XT THERE AS an Aft, pafTed at Newbern the Twenty Fifth Day of YY September, in the Year of our Lord One Thoufand Seven Hundred and Fifty Five, intituled. An A£i for the Reflraint of Vagrants, and for making Prorifion for the Poor, and other Purpofes, v/as continued by one other Aft, pafTtd at JVil- mington, the Thirteenth Day of November, in the Year of our Lord One Thcufarid Seven Hundred and Sixty, intituled. An ASt for the Reftraint of Vagrants, for mak- ing Provificn for the Pocr^ and other Purpofes ; which faid lafl mentioned Aft will expire at the End of the prefent SeiTion of Affembly ; and whereas the before r-ecited Aft hath been found ufeful and convenient : II. B E it therefore Enacted, by the Go'vernor, Council, and AJfembly, and it is hereby Enabled by the Authority of the fame. That the faid firft recited Acft ifiall further con- tinue and be in Force for and during the Term of Four Years, from the paffing of this Aft, and from thence to the End of the next SefTion of AfTembly. (a) This At\ further continued by Ad, Dec. 1770, Chap. 29. Laws of N O K T H - C A R O L I N A. 359 f ■ — - CHAP. XVIII. An AEl to -prevent hunting for ^ and killing Beer, in the Manner therein mentioned. aT'd-c' i' o^ Chiip. lO, CHAP. XIX. An A5i for eflaUifhing a Sckool-Houfe in the Town o/Newbern. I. TT 7 HERE AS a Number of well-difpofed Perfons, taking into Confidera- PreamUe, y Y ti^n the greu Neceflicy of liaving a proper School or public Seminary of Learning eltablilhcd, whereby the rifing Generation may be br^ ught up and in- ftructcd in the Principles of the Chriflian Religion, and fitted for the leveral Offices and i^urpofes oi^ Life, have, at a great Expence, creeled and built, in the Town of Newbcrn, a convenient Houie for ths Purpolcs afore/aid ; and being defirous that the lame may bi eilabliihed by Eaw on a permanent Footing, lb as to anlwer the gojd Purpoics oy the laid Perlons intended : II. B E it Enacted, by the Governor, Council, and Affemhly, and by the Authority Direaors of th| of the fa.ne. That the laid Perfons, or other Contributors to laid School-Houfe, or the SchooKkaed, Majority of them, are hereby authorized, required, and directed, to meet at the Court-Houfe in Neivbern on the Firft Tuefday in April next, and then and tliere to elect and choofe, out ol their Number, Eleven of the molt able and dilcrect Perlons to be Truftees or Directors of the faid School ; and that alter th,- laid Election which is to be m.ade before the Sheriff', and a due Return thereoi made to the faid Directors, they fhall be, and are hereby incorporated into a Body Politic and Cor- porate, by the Name of the Incorporated Society for promoting and efiabhfhing the pub- lic School in ^f^htxxx; and by that Name to have perpetual SuccelTion, and a Common Seal ; and that they, and their SuccefTurs, by the Name aforefaid, fliall be able and capable in Law to have, purchai'e, receive, enjoy, poflefs, and retain, to them and their Succeflbrs, for ever, in Truft and Confidence for the faid School, any Lands, Rents, Tenements, and Hereditaments, of what Kind, Nature, or Quality foever ; and alio to fell, grant, demife, alien, or difpofe of the fame ; and aiio to receive and take any Charity, Gift, or Donation whatfoever, to the faid School ; and by the fame Name to fue and implead, be fued and impleaded, anfwer and be anlwered, in all Courts of Record whatfoever; and from Time to Time, Their Pow-r to under their common Seal, to make fuch Rules, Regulations, and Ordinances, for ^'•'^^ ^^^ ^•'"'' the AdmiflTion or Difmiirion of the feveral Mailers of the faid School, and the better regulating and well ordering the fame, as to them fliall feem requifite and necelTary, .and bdl anfwer the Purpoles intended : Provided the faid Rules correfpond, and be as near as may be, agreeable to the Laws of Great Britain and this Province. III. PROVIDED always^ That no Perfon fhall be admitted to be Maftcr of Mafier to be li- the faid School, but who is of the eftabliflied Church of England; and who, at the 'q^^L.u ""'' Recommendation of the Truftees or Direftors, or the Majority of them, fhall be duly licenced by the Governor, or Commander in Chief for the Time being. And iftcorporaj-; IV. AND he it further Enacted, by the Authority aforefaid. That one Lot of Land Lctof L-n^ rcft- in the Town of Newbern, lately purchafed from IVilliam Baflin Whitford, by the "eU" '*"" ■^'"^' Proprietors of the aforefaid School-Houfe, and whereon they have erefted the fame, be from henceforth veiled in the Trullees by this Adl incorporated, and their Suc- celTors, for ever, in IVuft and Confidence, to and for the Ufes and Purpofes by the faid Society intended. V. AND he it further Enacted, by the Authority aforefaid. That the faid Truf- Trufices to take tees, before they be deemed cjualificd to enter on the Execution of the Trull repofed vetnmclt?^^"' in them by this Aft, do, before fbme Magiltrate, take the feveral Oaths of Govern- ment, fubfcribe the Tell, and alfo take the following Oath, to wit. 360 LAWS of North-Carolina. j1. D. 1766. ■«■ A. B. do [wear that I will duly and faithfully^ to the heft of my Skill and Abilityy aTw'^TT^ jL ^^^^^^^ ^^^^ difcharge the feveral Powers and Authorities given me by an Att of Af~ Jembly, for eftablfoing a School- Houfe in the Town of Newbern ; and that in all Things for the well ordering and good Govermnent thereof I will do equal and impartial Jufiice^ to the Extent of my Undcrjtanding. SO HELP ME GOD. To »ppoint a VI. AND belt further Enaoled, by the Authority aforefaid^Thzt the {a\dTrv.i\:ee$, iTto'gWe'B.ndl'" or the Majority of them, after their QuahHcation, fliall meet at the faid School- Houfe, and eled, out of their Number, a fit and proper Perfon to be Treafurcr to the faid Society ; which Treafurer fhall be annually elefted on the Firil Tuefday ia April -^ into whofe Hands fliali be paid all Monies of or belonging to the faid School, he firil giving Bond and Security, in the Sum of Two Thoufand Pounds, Procla- mation Money, to the Truftecs, for the faithful Difcharge of his Office, and the iiis Duty. Truft repofed in him ; and that the faid Treafurer ftiall annually, on the f^d Firft Tuefiay in April., fettle his Accounts with the Truftees, of all Dilburfemerits, Do- nations, Gitts, Bequefts, or other Charities, that may belong or accrue to the faid School the precceding Year : And upon the faid Treafurer's Negled: or Refufal to lettle and pay over to the lucceeding Treafurer what Money may be in his Hands belonging to the faid Society, the lame Method of Recovery may be had againft him, as is provided for the Recovery of Monies from Sherifls, or other Perfons chargeable with Public Monies. 'O" Succcfrnn rf the VII. AND whcrcas it will be neceflary that a regular Succeflion of the faid Ttuihc«. Truftees ih .uld be kept up, Be it Enatfed^ by the Authority aforefaid. That on the Death, Rcfulal to qualify, or Removal out of the Province, of any of the faid Trullees, the remaiuing Truftees, or the Majority of them then in Office, ffiall cleft and choofe, out ot the Number of Contributors, other Truftees, in the Room and Stead of thofe dead, removed, or refufing to qualify as aforefaid ; who ffiall be invefted with the fame Powers and Authorities as the other Truftees, firft taking the feveral Oaths appointed by this Aft for their Qualification. Lands veiled the Truftees. Aft repealed, H VIII. AND he tt further Ena^ed^ by the Authority aforefaid., That an Aft of L3n,h v.fted in p^^^^^'^\^ ^^{Xtdi at IVUmington^ in One Thoufand Seven Hundred and Sixty Four, intituled. An Act for building a Houfe for a School., and the Rcfidence of a Schoolmafter., in the Town of Newbern, be, and is hereby repealed; and the Piece or Parcel of Ground mentioned in the faid Aft, being Half of Two Lots known in the Plan of the faid Town by the Numbers F'ifty Nine and Sixty, beginning at the Corner of Craven and Pollock Streets^ and running along Pollock Street Six and a Half Pole ; then acrofs faid Two Lots Fifty Nine and Sixty, in a parallel Line with Craven Street, Thirteen Poles to the North Side of Lot Number Sixty ; then along the faid Lot, Six and a Half Poles, to Craven Street \ then along Craven Street, Thirteen Poles, to the Beginning : Alfo Two Lots of Land in the faid Town of Newbern^ adjoining the faid School-Houfe, known in the Plan of the faid Town by the Num- bers Three Hundred and Thirteen and Three Hundred and Twenty Seven, which are hereby vefted in the Truftees by this Aft to be appointed, and to their Succcffors, for ever, ia Trull and Confidence^ to and for the Ufe of the faid School. One, laid on Li- jx. AND whercas the aforefaid Contributors being defirous that the Benefits c«ing ro'7r ciu Arifing from faid School may be as extenfive as poffible, and that the Poor, who may di=n.° l^g y t^able to educate their Children there, may enjoy the Benefits thereof: Be it Enakt* ed, by the Authority aforefaid., That a Duty of One Penny per Gallon on aH Rum, or other fpiritous Liquors imported into the River Neufe., be paid, for and during the Space of Seven Years, from and after the palling of this Aft, by the lunporters there- of, for and towards raifing a Fund tor the Education of Ten poor Children in the faid School (to be chofen by the Truftees) whofe Parents may be unable to pay for the fame -, and that the faid Duty be Part of the common Stock of the faid School, and to be appropriated as aforefaid, and towards giving a Salary of Twenty Pounds per Year L A IV S of Nokth-Carolina. 361 Year to the Mailer of the faid School, towards enabling him to keep an Affiflant-, /^. D. 1766. which faid Dutv fliall be colleded, accounted for, and paid to the 1 rcaiurer of the s»-"v~"~' faid School, in the fame iVIanner, and under the fame Penalties and Rcftrictions, as the Duty of Four Pence per Gallon on fpiritous Liquors is now paid and col- leded. CHAP. XX. y^n Act to impower the Jujlices of Beaufort County to build a Court-Houfe^ Prifon^ and Stocks, in Bath Town, for the Ufe of the faid County. I, "TX^HEREAS the Court-Houfe and Prifon in the faid County are in great Preamble^ yy Decay, and in lb ruinous a Condition, that the Courts cannot be held therem, nor Prilpners detained ; and the Lot whereon the fame Hands is very low, funken, and inconvenient : I'herefore, II. B E it Enacted, by the Governor, Council, and ^ffemhly, and by the Anther Ity of Commi the fame, i'hat tiie Honourable Robert Palmer, Ei'q-, 'John Barrow, Thomas Rcfpfs, bu';'!^ing'' ^ IVyriot Ormond, and Tho.nas Bonner, Efqrs. are hereby appointed Commiffioners ; """'"'^. &<:. and they, or the iVIajonty ol tiiem, fhail and may, and tiiey arc hereby required, within -Six Months alter the pafiing of this Aft, to agree and contraft with Work- men for the buildirig and erecting a new Court-Houfe, Prifon, Pillory, and Stocks, in Bath Town, tor the Lfe of tne faid County, fof Court. C'^mrti'iTiinerS Jm|)owt-teJ to fell the old Coutt- Hcufs. Tay laid huililing the Cuurt- Koafe, for III. AND he it further Enabled, by the Authority af or ef aid. That the faid Com- milTioners, or the Majority ot them, are hereby impowered to fell the old Court- Hou!'e and Prifon, together with the Lot thereto belonging-, and the Money there- from arifing, to be expended and laid out towards the ereding the aforefaid Build- ings, for the Ufe of the County as aforefaid. IV. A ND be it further Ena"ed, by the Authority aforefaid. That a Poll-Tax of Three Shillings be levied on each taxable Perion in the faid County, for Two Years next enfuing; which Tax fhall be coUeded by the Sheriff of the faid County, in the fame Manner, and at the fame Times, as Public Taxes are by Law direded to be colleded, and by him accounted for and paid to the Commiffioners, or the Ma- jority of them ; and fhall by them be applied to defray and pay for the building and ereding the faid Court-Houfe, Prifon, Pillory, and Stocks. V. AND be it further Enacted, by the Authority aforefaid. That the faid Commif- fioners, after the Building aforelaid fhall be ereded, built, and finiflied, fliall render an Account of the Monies by them received by Virtue of this Ad, together with that of their Difburfements, to the County Court of Beaufort j and the Overplus (if any) to be applied towards leffening the County Tax. VI. AND be it further EnaBed, by the Authority aforefaid. That fo foon as the faid Court-Hou*e, Prifon, Pillory, and Stocks, fhall be. ereded, built, and finifhed, the Juftices of the Court of the faid County (by their Order) Ihall, and are hereby diredted and required, to adjourn the faid Court from the old Court- Houfe where the fame is now held, to the new Court-Houfe fo to be ereded and / built by Virtue of this Ad-, and all Suits, Adions, Plaints, Pleas, and other Mat- ters and Things, before the faid Court then depending and undetermined, fhall ftand adjourned and continued accordingly •, and all and every Perfon and Perfons having Day in the faid Court, and all Witnefles, bound and obliged to appear at the fame, according to fuch Adjournment. VII. AND be it further Ena5fed, by the Authority aforefaid. That all and every Repealing cLdfa* Ad and Ads, Claules, Article and Articles thereof, for any Matter or Thing within the Purview of this Ad, fhall henceforth be repealed and made void. 7. 7. C H A P. Commifnonors to accrunt for the Co'jrt to be ad- j.'urncd frcm the k\A to the nev7 Court Hcul'e, 362 LAWS of North-Carolina. A. D. 1766. CHAP. XXI. ^An Aul to prevent the unreafonahle Dejirw^ion of Fi/b in Neufe River, Tar River^ Fifhing Creek, Rockey River, the South Fork of Catawba River, the South Fork of the Yadkin River, and Cotentney Creek. EXP. CHAP. XXII. An ASl to amend an A5f, intituled. An A6t for eftablifhing the Titles of the Free- holders in Edenton, for laying a Tax for finifhing the Church begun in the faid Town, and for the further Improvement and better Regulation thereof. Private, j_ -^YTPIEREAS fincc the paffing of the above mentioned Ad, feme of the Y y Commiffioners hereby appointed and nominated have removed themfelves, and others are dead •, by which Means it becomes neccllliry that others fliould be appointed, in order that a Succeffion of them may be continued, to anfwcr the Pur- poles of the afore-mentioncd Ad: : Corr.niJmaners H. j5 E it therefore Enabled, hy the Governor, Council, and Affemhly, and hy the appointed. Juthority of the fame. That from and after the paffing of this A61, Jofeph Blount, JVilliarn Lowther, Samuel Jobnfion, Jofeph Hewes, and George Blair, Gentlemen, and every of them, be, and are hereby conftituted and appointed Commiffioners for the Tov/n of Edenton atorelaid, who fhall have, exerciie, and enjoy, the fame Powers, Rights and Privileges, as the Commiffioners by the before recited A6t did or might have exercifed and enjoyed ; and that in Cafe of the Death or Removal of the Treafurer, or any of the Commiffioners, out of the County oiChciz'an, the elded Commiffioners lliall ilicceed to the faid Office of Treafurer, and other Commiffioner or Commiffioners fhall be chofen, in Manner as by the faid Ad is direded. Lotstobedejiv, HI. AND he it further Enabled, hy the Authority aforefaid. That every Grantee of a Lot or Lots heretofore granted, fhall, within Four Months after the paffing of this Ad, clear and grub up fuch Lot or Lots, under the Penalty of Ten Shillings for each and every Lot which by that Time fhall not be cleared or grubbed up ; and that the Grantee of every Lot hereafter to be granted fliall alfo, within Four Months from the Date of his Deed, alfo clear and grub up his Lot or Lots, under the Penalties aforefaid •, to be recovered and applied in fuch Manner as Penalties by the afore-mentioned Ad are recoverable and applied. Hogs and Oecfe IV. AND whereas the fuffering of Hogs and Qtt^t to run at large in the faid not to go at large. 'j-Q^^p, jg found to bc ipjurious to the Properties of the Inhabitants thereof. Be it therefore Ena£fed, hy the Authority aforefaid. That none of the Inhabitants of the faid Town fiaall, within Two Months after the paffing of this Ad, fuffer any of their Hogs or Geefe to run at large within the Bounds of the faid Town ■■, and any Hog or Hogs, Goofe or Geefe, running at large, fhall be forfeited to the Commiffiioners •, and the lame, by an Order from one of them, under his Hand, direded to the Conftable, be by him fold to the higheil Bidder, for the Benefit of the faid Town. ciiimnies to be V. AND fot the Prevention of Fire in the faid Town, Be it EnaHed, hy the '*'P'* Authority aforefaid. That every Houfekeeper fhall fweep, or caufe to be iwept, the Chimnies of his Dwelling- Houfe, Store, and Kitchen, at leafl once in every Month, between the Months of October and April, under the Penalty of Twenty Shillings for every Chimney fo unfwept within the Time aforefaid ; to be recovered by a Warrant from under the Hand of any one of the Commiffioners, and applied for the Benefit of the faid Town : And in Cafe the Chimney of any Dwelling-Houfe, Store, or Kitchen, Oiall catch on Fire through Negled in Manner before direded, in the faid Town, the PoiTefTor of fuch Houfe, Store, or Kitchen, fhull pay to the Commiffioners of the faid Town the Sum of Five Pounds j to be recovered and applied in Manner as before direded. VI. AND L A IV S (5/' • N O R T H - C A ?. O L I N A. 3^3 VI ing to the /V N D whereas it frequently happens that Mafters of Veffels, not belong- le Province, bring their Veffels to the Public Wharfs already eretted in the faid Town, and there vend and retail their Cargoes, and have the Benefit of the faid Wharfs ; Be it therefore Enaskd, by the Aiubortty aforefaid. That every Mailer of a Vefiel not belonging to the Province, or directiy from Great Britain, ihall, for each and every Day he Ihall lie with his faid VeiTcl at any one of the faid Wharfs, pay to the Comnilfioncrs of the faid Town the Sum of Two Shillings per Day ; and in Failure of Payment thereof, the fame fliall and may be levied upon the Bo- dy, or Goods and Chattels, of the Delinquent, by a Warrant from under the Hand of any one CommilTuner, directed to a Conitablc ; and the Money be applied as before direfted. J. D. I-/ 66. Maficr? . f Ve.T^'s to pay Whitfa^e. VII. AND be it further Enacted by the Authority aforefaid. That within Two Hiufekecpers Months after the palTing ot this Ati, any Occupier of any Lot or Lots whereon now ''".- ^^'^'^•'^ isj or Ihall be built, any habitable Ploufe, Ihall have a Ladder, of a proportionable '" ""'''' Length to the Height of his Houfe ; v/hich faid Ladder fliall be conltantly kept up againll his Houie, that in Cafe of Fire, Relief may be immediately afforded, under the Penalty of Twenty Shillings ; to be recovered and applied as aforefaid. CHAP. XXIIL An A^ to amend an Act, intituled. An Aft for regulating the Pilotage of Cape Fear River, and for other Purpoies. L T^THERE AS the Rates allowed for Pilotage by the before recited Aft, Preamble y y are inadequate to the Expence of Boats and Hands proper to be em- ployed in fo material a Service : II. B E it therefore Enacted, by the Governor, Council, -and AJfembly, and by the Authority of the fa.ne. That from and after the pafling of this Art, all Pilots duly authorized by a Branch from the Governor, or Commander in Chief for the Time being, may take and receive the following Rates for each VcfTcl they ihall pilot oVer the Bar to Brunfivick, and back again to Sea, to ivit. For a VefTel when loaded, drawing Six Feet Water, the Sum of Two Pouads Ten Shillings. For a Velfel when loaded, drawing Seven Feet, Two Pounds Fifteen Shillings. For a Veffil when loaded, drawing Eight Feet, Three Pounds. For a VefTel when loaded, drawing Nine Feet, Three Pounds Ten Shillings. For a VefTel when loaded, drawing Ten Feet, Three Pounds Fifteen Shillings.' For a VefTel when loade 1, drawing Eleven Feet, Four Pounds Ten Shillings. For a VefTel when loaded, drav/ing Twelve Feet, Five Pounds Ten Shillings. For a VefTel when loaded, drawing Thirteen Feet, Six Pounds Ten Shillings. For a VefTel when loaded, drawing Fourteen Feet, Seven Pounds Ten Shillings. For a VefTel when loaded, drawing Fifteen Feet, Eight Pounds Ten Shillings. For a VefT.4 when loaded, drawing Sixteen Feet, Nine Pounds Ten Shillings. For a VefTel when loaded, drawing Seventeen Feet, Eleven Pounds. For a VefTel when loaded, drawing Eighteen Feet, Thirteen Pounds, III. AND be it further Enacled, by the Authority aforefaid. That any Pilot ap- pointed to pilot Vefiels from £n/«/«-7V-^ to fFilmington, and back, fhall and may receive one Half the aforefaid Rates ; and if only to the Flats, and back to Brunf- wick, then one Fourth of the faid Rates ; Relpeft being had to the particular Draught of Water fuch VefTel fhall draw. IV. AND whereas by the before recited Aft, it is Enafted, that before any Perfon obtain a Branch to be a Pilot, fuch Perfon mull give Bond, Avith Two M- ficient Securities, to the Governor or Commander in Chief for the Time being, in Z z 2 . ■ the Pilots Frt3. Their Fees from B unfvvick t«> Wilinipgton, anJ the Flats. 3^4 LAWS of North-Carolina. A. D. 1766. Pilots tn five Bond in 200 1. only. Pen. on Pilwts neglr,e IV", AND hc it furthdT Ena5fed, hy the Authority aforefaid^ That nothing herein. feft'ng TaTesIs containcd Ihall be conftrued to debar the Sheriff ot New Hancvcr County, as the befnre the Divi- fame now (lands, to m.ike Diftrefs for any Levies, Fees, or other Du.s, that are "'"'• due, or that fhall be due the Tenth Day of March next, from the Inhabitants of the faid County of New Hanover •, but that he may make Diftrefs in the fame Man- ner as by the Law the faid Sheriff could or might have done, if the faid dividing Lines had remained witholU Alteration • and the faid Levies, Fees, or other Dues,- fli.dl be colle6ted and accounted for in the fame Manner as if this Ad had never been made ; any Thing herein contained, to the contrary, noiwithftanding. CHAP. XXVIII. An Act to encourage Benjamin Heron, £/^-, to build a Bridge over the North Eaft Branch of Cape Fear River^ at or near the Place where the Ferry is 7%ow kept by Edward Davis, Private, I. 'ITTHEREAS a Bridge over the North Eaft Branch of Cape Fear River, YY at or near the Place where the Ferry is now kept by Edward Davis, would be much for the Conveniency of all Travellers ; and as the Land on both Sides the River belongs to Benjamin Heron, Efq; the i^\A Benjamin Heron is defirous of building a Bridge there at his own Expence, on Condition that the Benefit thereof be vefted in him, his Heirs and Afiigns, for ever : BnJgetobt'ouiif, II. BE it therefore Enacted, by the .Governor, Council, and Affembly, and by the Authority of the fame. That it ftiall and may be lawlul for the iaid Benjamin Heron, his Heirs, Executors, Adminiftrators, or Affigns, toereft and build a good, ftrcng, and fubftantial Bridge, over the North Eaft Branch of Cape Fear River, as near as he conveniently can to the Place where the Ferry is now kept by Edward Davis ; which Bridge ftiall have one wide Arch of Thirty Feet for Ratts and Pettiauguas to pafs through, and Six Feet high above high Water Mark, and be made to draw up occafionally, for the Navigation of Veflels of larger Burthen ; and after building and ereding the faid Bridge as aforefaid, it ftiall and may be lawful for the faid Ben- jamin Heron, his Heirs, Executors, Adminiftrators, or Afligns, to keep a fufficient Gate thereon, and take and receive from all Perfons that ihall pafs over the fame Rates of Toll. the following Rates, that is to fay: For every Man and Horie, Six Pence j for every four Wheel Carriage, drawn by Two Horfes or Oxen, Two Shillings ; and for every two Wheel Carriage, drav/n by one or two Horfes or Oxen, One Shilling ; and for every Florfe or Ox more. Four Pence each •, and for every Head of neat Cattle, Three Half Pence ; and for every Twenty Hogs or Sheep, Eighteen Pence, and fo in Proportion for a greater or lefter Numiber of Hogs or Sheep ; and for all Travellers on Foot, Four Pence each. kept wiihin fix Miles. No Ferry to b= HI. /J N D be it furthc/ EnaHcd, by the Authority aforefaid. That after the faid Bridge is fo built and completely eredled as aforefaid (provided it ftiall be compleated within Four Years after the pafling this Act) it ftiall not be lawful lor any Perfon whatfoever to keep any Ferry, build any Bridge, or fet any Perfnn or Perfons, Car- riage or Carriages, Cattle, Hogs, or Sheep, over the laid River, for Fee or Reward, within Six Miles of the fame, under the Penalty of Twenty Shillings, Proclamation Money, for each and every Offence -, to be recovered by a Warrant by the faid Ben- jamin Heron, his Heirs, Executors, Adminiftrators, or Affigns, before any Magif- trate L A JV S o/' N O R T H - C A R O L 1 N A, 369 trate of the County of New Hanover ; to be applied to the Ufe of the Proprietor of ^- D. 1766. th'e faid Bridge, at the Time of the Offence being, committed. w^-v-— ' IV AND be it further Ena^ed, by the Authority aforefaid^ That when the faid nndse to be kept Brido-'e fhall be built and ereded as aforefaid, the faid Benjamin Heron, his Heirs, '° ^'P'"' Exec^utors, Adminiftrators, or AiTigns, Hiall for ever thereatter keep the fame in fTood Order, and fit for paffing over •, and in Cafe of any Negleft, fhail be fubject fo the fame Pains and Penalties as other Keepers of Public Bridges and Femes are liable to by the Laws of this Province. CHAP. XXIX. Jn Act for confirming a Leafe made by the Tufcarora Indians to Robert Jones, Jm. William Williams, and Thomas Pugh, Efqidres. I T^THEPv-EASa Number of the Tufcarora Indians, being defirous of re- Private, YY moving themfelves from.their Lands on lioanoke River, in Bertie County, in this Province, and fettling and incorporating themielves with the Nations of In- dians on the Jxiver Sufqjiehannah ; and whereas the faid Tufcarora Indians, in order to defray the Expence of removing themfelves and their Euects from this Province to the Settlements on the faid River Sufquebannah, did, on the Twelfth Day of Julyy in the Year One Thoufand Seven Hundred and Sixty Six, for the Confideraticn of Fifteen Hundred Pounds, Proclamation Money, before that Time paid and ad- vanced to them the faid Tufcarora Indians, by the faid Robert Jones, miliam mili- ars, and Tho:r,as Pugh, by an Indenture, under the Hands and Seals of James Allen^ John IViggins, Bi'ly George, Snip Nofe George, Billy Cain, Charles Cornelius, Thomas Blount, JohnRoiers, George Blount, Wimoak Charles, Billy Be Jket, Billy Owen, Lewis Tuffdick, Ijaac Miller, Harry, Samuel Bridgcrs, Thomas Seneca, Thomas L owit, Billy Sockt;, ^Biily Cornelius, John Seneca, Thomas Bajket, John Cain, Billy Dennis, miliam Taylor, Owens, John l^Falker, Btlly Mitchell, Billy Netop, Billy Blount, 1cm Jack,. John Ll^htwood, Billy Roberts, James Mitchell, Captain Joe, and William Pugh, Chieftains and Headmen of the faid Nation of Tufcarora Indians, for and on Behalf of themfelves and the Reft of the Indians of the faid Tujcarora Nation, on the one Part, and the faid Robert Jones, miliam r/iUia-ms, and Thomas Pugh, of the other Part' did demife, grant, and to Farm let, a certain Dividend of Land, fituate and lying on Roanoke River, in the County aforefaid, containing about Eight Thoufand Acres, be the fame more or lefs, and bounded as follows, to wit. Beginning at the Mouth of Deep Creek, otherwife called Falling Run •, thence running up the faid Creek to the Indian Head Line; thence by the laid Line, South Fifty Seven De- grees Eaft, One Thoufand Two Hundred and Eighty Poles ; thence a Courfe pa- rallel with the general Current of the faid Creek to Roanoke River aforefaid, and up the River to tlS Beginning; together with all Trees, Timber Trees, Woods, Un- derwoods, Ways, Waters, and Appurtenances whatfoever to_ the faid Dividend, Traa or Parcel of Land, be-longing, or in any-wife appertaining: To have and TO HOLD the faid Dividend, TraCt or Parcel of Land, with all and fingular the Ap- purtenances, \xnio\\\t {i\\<\ Robert Jones, William IFilliams, and Thomas Pugh, their Executors, Adminiftrator?, or Afiigns, without Impeachment oi Wafte, to be by the faid Robert Jones, miliam IViiliams, and Thomas Pugh, refpedively, their Exe- cutors, Adminiftrators, and Afligns, held and enjoyed in Severalty; that is to lay. One Thid Part of the laid Dividend, Trad or Parcel of Land, into Three equal Parts to be divide."!, unco the laid Robert Jones, his Executors, Adminiftrators, and Africans; one other Third Part thereof, the fame into Three equal Parts to be divided, unto°the faid IVilliam mUliams, his Executors, Adminiftrators, and AfTigns ; and the remalnincr I'hird Part thereof, the fame into Three equal Parts to be divided, unto the {Mlhomas Pugh, his Executors, Adminiftrators, and Afligns ; from the faid Twelfth Day of July, in tlie Year aforeiaid, for and during the Term of One Hundred and Fifty Years, I'rom thence next enfuing, and fully to be compleated and ended, the faid Robert Jones, William Williams, and Thom.as Pugh, their Execu- A a a tors, 370 LAWS of North-Carolina. A. D. i-jSG. tors, Adminiftrators, and Afligns, yeilding and paying therefore yearly, and every u»«=»v"*~-^ Year, during the faid Term, to the laid Tiijcarora Indians, and their Afligns, one Pepper Corn, if demanded, at or upon the Feaft of St. Michael the Archangel. II. AND whereas the faid Nation of Tufcarora Indians are dtfirous that the Indenture of Leafe made between the faid James /illen, John Wiggins, Billy George^ Snip Nofe George, Billy Caifj, Charles Cornelius, Thomas Blount, John Rogers, George Blount, Wineoak Charles, Billy Bajket, Billy Owen, Lewis Tvffdick, Ijaac Miller, Harry, Samuel Bridgers, Thomas Seneca, Thomas Howit, hilly Sockey, Billy Cori:elius, John Seneca, Thomas Bajket, John Cain, Billy Eennis, W'dliam Taylor, Owens, John Walker, Billy Mitchell, Billy Net op, Billy Blount, Tom 'jack, John Lightwocd, Billy Roberts, Ja^nes Mitchell, Captain Joe, and William Pugh, Chiei tains and Headn.en of the laid Nation of Tufcarora Indians, and the laid Robert Jones, William Williams, and Thomas Pugh, Ihould have the Force and Validity of an Ad of Allcmbly ; and that it Ihall be lawful for the faid Robert Jones, William Williams, and 1 hotnas Pugh, their Executors, Adminiftrators, and Afligns, to enter upon, occupy, pofleis, rnd enjoy the faid Dividend, Tradl or Parcel of Land, demiied as aforefaid, witliuut the Let, Hinderance, or iVIoleftation of any Perfon or Perfons whatlbcver, arid without incurring any Penalties whatfoever, by Rcafon of their fo entering upon, occupying, poflefllng and enjoying the faid Trad or Parcel of Land, and Vvithouc Impeachment of Wafte. III. AND whereas the faid Robert Jones, fince the faid Twelfth Day oi July, in the Year aforefaid, hath departed this Lite, having firft made his lafl Will and Teftament, and therein and thereby bequeathed his Propcrtion and Share of laid Trad or Parcel of Land, dtmifed as aforefaid, unto his Sons /Jlen Jones and Willie Jones, their Executors, Adminiftrators, and AfTigns : inirnture ratifi- IV. _g ^ // therefore Enacted, by the Governor, Council, and AffemUy, and by the Authority of the fame, and it is hereby EnaSed, That the faid Indenture of Demife is hereby ratified and confirmed ; and that it fliall and may be lawful for the iaid Allen Jones and Willie Jones, in Right of the faid Robert Jones, the faid William Wil'mms, and T^homas Pugh, their Executors, Adminiftrators, and Afligns, to enter upon, occupy, poffefs, and enjoy the faid Dividend, Trad or Parcel of Land, ac- cording to the Form and Efied of the faid Indenture of Demife; that is to fay. That it fhall and may be lawful for the faid Allen Jones and Willie Jones, their Exe- cutors, Adminiftrators, and Afligns, to enter upon, occupy, poflTcis, and enjoy, one Third Part of the faid Dividend, Trad or Parcel of Land, the fame into Thire equal Parts to be divided, for and during the Term aforefaid ; the faid Wilham Williams, his Executors, Adminiftrators, and Afligns, to enter upon, occupy, pofTefs, and enjoy, one Third Part thereof, the fame into Three equal Parts to be divided, for and during the Term aforefaid ; and the faid Thomas Pugh, his Exe- cutors, Adminiftrators, and Afligns, to enter upon, occupy, poflTefs, and enjoy, the remaining Third Part thereof, for and during tlie Term aforefaid. rrpf'from the V- AND be it further EnaJ^ed, by the Authority aforefaid. That the {aA Allen I'c.i.uie. „f an Jones, Willie Jones, William Williams, and Thomas Pugh, their Executors, Admini- Aao/Airembiy, ^^^^^^.g^ ^^j Afligns, are hereby exempted from the Penalties of an Ad of Afiem- bly, pafied at Ncwbern the Fifteenth Day of OHober, in the Year of our Lord One Thoufand Seven Hundred and Forty Eight, intituled, An A£i for afcertair.ing the Bounds of a certain Tract of Land, formerly laid out by Treaty j or the Ufe of the Tufca- rora Indians^ fo long as they, or any of them, fhall occupy or 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 tnade, or that fJoall be made, from the faid Indians : And that it fhall and may be lawful for the faid Allen Jones and Willie Jones, William Williams, and Thomas Pugh, their Executors, Admini- ftrators, and Afligns, to occupy, poflefs, and enjoy, the laid Dividend, Trad or Parcel of Land, demifed as aforefaid, during the Term aforefaid, without Impeach- ment L A IV S of NoitTH-CAROLINA. 37I ment of Wafte, and wichout the Let, Moleftation, or Hinderance, of any Perfon '^^ D. 1766. or Perfons whatfoever. w-*v->*a> VI. PRO FI DEB always, and he it EnaSled, hy the Authority aforesaid. That Not to;rv3!idit6 n 'thing herein contained fliall be conltrued io as to invaUdate the Title or Titles of m',drbc?,r?Oii! any Perfon or Perfons who have obtained any Grant or Grants for any Trafts or n> 1748. Parcels of Land within the Limits or Buundaries of the Land of the faid Tufcarora Lidians, before the faid Fifteenth Day oi October., One Thoufand Seven Hundred and Forty Eight. VII. PROVIDED alfo, and it is hereby Enacted, hy the Authority aforefaid^ Qu^trentu ie'av» That the faid allien Jones and IVillie Jones, IViiliam Wtlliams, and Thomas Pugb, "** their Executors, Adminiftrators, and Affigns, (hall yearly, and each Year, during the Term aforelaid, on the Twenty Firtl Day of March, pay to the Rio-ht Honour- able Earl Granvi'le, his Heirs and Affigns, a Quitrent §f P'our Shillings, Procla- mation Money, for every Hundred Acres of Land contained within the Limits or Boundaries of the Lands demiied as aforeiaid : And in Cafe the faid Quitrents fhall be in Arrear at any Time within the Term aforefaid, that then it fhall and may be lawful for the faid Earl of Granville, his Heirs and Affigns, to ilie for and recover all fuch Arrearages of Rent, of and from the iaid Allen Jones, Willie Jones, William Williams, and "Thomas Pugh, their Executors, Adminiftrators, and Affigns bv all lawful Ways and Means whatfoever. S 1 G.N E D by William Tryon, Efq; Governor, James Hafelt, Prefident. John Harvey^ Speaker. Read Three Times, and ratijiedin open AJfemhly, 1 the iji Day of Dec. 1766. J A a a 2 ANNO 372 LAWS of North-Carolina. jS. D. 1768. %# %^ %# %# kj %#;r-^%# %# %^ %.# ij %'# #% #% #% #% #% ^%5«LJ«(^^ ^% ^ ^^ ^ §% ANNO REGNI G E O R I I III. REGIS, MAGN^ BRITANNIiE, FRANCItE, & H I B E R N I iE, OCTAVO. wn^LlAM ^j an ASSEMBLY, begun and held at h^ewhern the Third Day non °^"' of November, in the Seventh Year of the Reign of cur Sovereign, Lord GEORGEthQ Third, by the Grace of God, of Great-Britain France, and Ireland, King, Defender of the Faith, &c. and in the Year of our Lord One Thoufand Seven Hundred and Sixty-fixj and from thence continued, by Prorogation, to the Fifth Day of De- cember, in the Year of our Lord One Thoufand Seven Hundred and Sixty-fevcn : Being the Second Seflion of this prefent AfTembly. preamble. C H A P. I. An Act for dividing this Province into Six fever al Bifricts, and for efiabliping a Superior Court of Juftice in each of the faid Dijlricts, and regulating the Proceedings therein ; and for providing adequate Salaries for the Chief Jujtice, and the JJfociate JujUces of the f aid Superior Courts, (a) L TT 7HEREAS the eflablifhing Superior Courts of Juftice within this Pro- Y V vince, cannot but be productive of Eafc and Convenience to the Inhabi- tants thereof, and muft neceffarily tend to a due and regular Adminiflration of pri- vate as well as public Juftice : SSied.^""" II. BE it therefore Enacted^ by the Governor^ Council^ and AffembJy, and by the Authority of the fame., That from and after the paflingof this Act, this Province be, and Hand divided in Six feveral Diftncts ; that is to fay. The Wilmington^ Newbern^ Edenton, Halifax, Hillfhorough, and Salifbury Diftricts ; in each of which a Court tor (a) See Ad Nov. 1768, Chap. 5, for amending and explainig this Aft. LAWS of North-Carolina. 373 it6S. Their Power, for the Tryal of Caufes, Civil and Criminal, fliall be eftablifhed, by the Name of ^^- D the Superior Court of Juftice for that Dillrict in which the fame fhall be held ; which Courts fhall confift ot the Chief Jultice for the Time being, and Two Aflb- ciate Juitices, Men of Ability, and learned in the Law, whom the Governor or Commander in Chief for the Time being fhall conftitute and appoint, who fhall have Cognizance and legal Jurifdictipn of all Suits and Fleas, real, perfonal, and mixt ; and alio, of all Suits and Matters relative to Legacies, filial Portions, Eflates of Inteftates, all Pleas of the Crown, whether for Treafons, Felonies, Breaches of the Peace, or other Crimes or TranfgrefTions, of what Nature or Degree foever, whether brought before them by original or niefne Procefs, or by Writ of Error, or Appeal from any Inferior Court, or by any other Means or Procels whatfoever ; and they are hereby declared to have full Power and Authority to give Judgment therein, and to award Execution, and all neceffary Procefs thereupon ; and to make Orders for iffuing Letters Teftamentary, and Letters of Adrrtiniflration ; and fliall have, ufe, exercife, and enjoy, the fame Powers and Authorities, Rights, Privile- ges, and Preheminences, as are had, ufed, exercifed, and enjoyed, by the Chief Juftice, or any of his Majefty's Jullices of the Courts of Weftminjkr in England: And in Cafe of the Death or Abfence of the Chief Juflice, or either of the other Juftices, it fhall and may be lawful for any one or more of the faid Juflices, by himfelf or themfelves, to hold any of the faid Courts- and to take Cognizance of all ^^'= ""» Matters in the fame depending, and give Judgment and award Execution, in the fame Manner as might have been done in Cafe the Chief Juftice, and the Two other Juftices, had been all prefent in Court. III. AND he it further Enacted, by the Authority (jforefaid. That the Chief Juf- Th^ir Power to tice, or either of the AfTociate Juftices, may, as well within Court as without, take o'^'j/"'^^^"'* °^ the Probate or Acknowledgment of Deeds, or Letters of Attorney, and the private ' ' Examination of Feme Coverts, as hath heretofore been done by the Chief Juftice in the like Cafes -, and fuch Alfociate Juftice is hereby authorized, to take and re- ceive the fame Fees and Perquifites, as the Chief Juftice is incitled to for the like Services -, which Proof fhall be deemed equally good and valid in Law, as if taken in any Court of Record ; any Law or Ufage to the contrary notwithftandino-. One of tlie Ji- di- ce', tn hiilH 0..urt in the Ahfcnce of Ot th/" Diatf) of A'.rxistcs, Go- vemor may ap« point others. IV. AND he it further Enabled, by the Authority aforefaid. That on the Death or Removal of any of the Aflbciate Juftices of the Superior Courts, it fnall and may be lawful for the Governor or Commander in Chief for the Time beino;, to conftitute and appoint another or other Juftices, qualified as aforefaid, in the Room of fuch Juftice or Juftices lb dead or removed. V. AND be it further Enacted, by the Authority aforefaid. That the Chief Juf- '^''''" '" ''^!p- tice is hereby impowered to appoint experienced and difcreet Clerks of the Superior BrdT and "tike Courts; wh J fhall, each of them, give Bond, with good and fufficient Security, theoathscf Go- to our Sovereign Lord the King, his Heirs and SuccefTors, in the Penalty of Two Thoufand Pounds, for the Safe keeping of the Records, and faithful Dilcharge of his Duty in OfHce ; and alfo, fhall take the Oaths by Law appointed for the (Qua- lification of public OlBcers, repeat and fubfcribe the Teft, and alio take an Oath, honeftly and truly to demean himfelf in Office during his Continuance therein ; and likewife the following Oath, to wit, A. B. do fivear, that by my f elf , or any other Perfon, I neither have, nor will give to AndihisOatb. _ any Perfon -zvhatfoever, any Gratuity, Gift, Fee, or Rezvard^ in Confideration of my Appointment to the Office of Clerk of the Superior Court, for the Diflri£i of Which faid Bond fhall be lodged in the Secretary's OfHce-, and in Cafe of a Breacli of the Condition thereof, may be put in Suit for the Benefit of, and at the proper Coft and Charges of the Party or Parties injured, and fhall not become void upon the Firft Recovery, or if Judgment fhall be given againft the King ; but may, from Time to Time, be put in Suit by Adlion of Debt, or Scire Facias, until the whole Penalty fhall be recovered ; and when any Judgment fhall be obtained upon fuch Their DjnJ may bd lucd. 374 LAWS of North-Carolina. A. D. 1768. fuch Bond, the Damages aflefled fhall, by Order of the Court, be paid to the Per- ^— ""V— ^ fon or Perlbns injured, (a) \"Tt b^L'^f ^lll' A ND be it further EnaSfed, by the Authority aforefaid. That the refpeflive upincv'erycierks Clcrks of cach and every Superior Court of Jullice, Ihail, within Six Months after ^'^'^=- the pafTing of this A6t, affix, and keep in fome pubhc Place in his Office, to which all Perfons may have Accels, one true and perfect printed Copy of all fuch Fees as the Chief Juftice, and the Clerks of the Superior Courts are, or may be intitled to, under the A6t of Aflembly in that Cafe made and provided : And eve- ry Clerk failing or negleding fo to do, fhall forfeit and pay, to any Perfon that will fue for the fame, the Sum of Twenty Pounds, Proclamation Money, for every Six Months fuch printed Copy fhall be wanting-, to be recovered by Aftion of Debt, in any Court of Juftice, wherein the Onus Probandi fliall be on the Defendant. Amiwanc/'Mr"' ^^' ^^^ ^^ ^^ further Enacted, by the Authority aforefatd. That each of tlie hoiZg every Affociate Jufticcs of the Superior Courts of Juftice, liiall, for his Trouble and Ex- '^''""' pence in travelling to, and holding the laid Courts, have and receive for each and every Court he fhall attend, out of the public Treafury of this Province, by half yearly Payments, the Sum of Forty-One Pounds Thirteen Shillings and Four Pence, Proclamation Money, (b) Wheel caniages XIII. AND be it further Enacted, by the Authority aforefaid. That an annual Duty of Ten Shillings, Proclamation Money, be, and is hereby laid on each Coach, Chariot, Poft-chaife, Phjeton, Curricle, alid Chair Wheel-, and alfo, each Wheel of every other Vehicle ufed, or intended to be ufed in the fame or a fimilar Manner to the Ufe and Intention of either of the above named Carriages, which now is, or hereafter fhall be witiiin this Province. Method of Co!- XIV. AND for the more certain Colledlion of the faid Duty, Be it further jeftion afctiuin- Enacted, That each and every Perfon in this Government, being pofTcffed of any Coach, Chariot, Poft-chaiie, Phaston, Curricle or Chair, or any other wheeled Ve- hicle ufed, or intended to be ufed in the fame or a fimilar Manner to the Ufe and Intention of either of the above-named Carriages, fhall, annually, at the Time of giving in a Lift of the Tythable Perfons in his or her Family, alio, return on Oath, the Number of Wheels belonging to any of the Vehicles above-mentioned, which fuch Perfon or Perfons may be pofTcfTed of: And if any Perfon ftiall fail or neglect fo to do, he or fhe, for each and every Offence, fhall forfeit and pay the Sum of Ten Pounds, Proclamation Money. To be coi'eaed ^^ ' A N D be it further Enacted by the Authority aforefaid^ That the Duty and p^id by the hcteby laid on Wheels, by Virtue of this Ad, fhall be collefted, accounted for, and paid into the public Treafury by the Sheriffs of the refpedlive Counties within this Province, in the fame Manner, and under the fame Rules, Penalties, Reftric- tions, and Allowances, as other public Taxes are colle6led, accounted for, and paid. Courts powpr to XVI. AND be it further Enacted, by the Authority aforefaid. That the faid Su- hite' of wlh'or perior Courts fhall and may, each of them, refpectively, by Summons, or other Tcft..ment. legal Proc. fs, upon Application made, compell any Perlbn or Perfons whatfoever, having in their PofTcfllon or Cuftody any Will or Teftament of any deceaied Per- fon, to exhibit the fame to the Court, in order to a legal Probation thereof-, and alfo, to receive the Probate of Wills, and order the fame to be recorded -, and the Clerk. F... aUer. Clerks fhall and may take Two Shillings and Eight Pence, Proclamation Money, 1770, '" c^^,^Z f^i- recording each Will. XVII. PROVIDED (a) Seftions 6th and 7th, relating to Clerks taking exorbitant Fees, repealed and provided for by Aft Dec. 1770, Chap. 19. fb) Seftions 10, 11, and 12, relating to taxing Suits, repealed, and provided for by Aft Dec. 1770, Chu^;. 19. LAWS of N O K T H - C A R O L I N A, 37 .3 / > XVil. PROVIDED always. That any Perfon who hath a Right to execute a Will, or to adminilter on the Eltate of any Intellate, who fhall think himftlf in-^ jured by fuch Order, may enter a Caveat in the Court wherein fuch Order fnall be made, againft the Perfon obtaining the fame-, in which Cafe, the Cierk of I'uch Court (hall not grant any Certihcate of fuch Order till Twenty Days'aftcr pafling the fame; and the Secretary and his Deputy Ihall forbear to feal and counterfign Letters Teltamentary, or of Adminiii:ration, till the Matter in Controverl'y fhall be re-heard and determined beiore the Governor or Commander in Chief for the Time being, and Council. XVIII. AND for the better preferving of Wills proved before the faid Courts, wiiis to be kp; Beit Enacted, by the Authority aforefaid. That all original Wills lliall remain in the |."^«heCktksO{. Ckrks OiHce, amongll the Records of the relpcctivc Superior Courts where they fhall be proved, and be recorded by the Clerk of iuch Court, in Books to be kt-pt for that Purpose ; whereunto any Perion may have Recourfe as to other Records, except for the Time the fa.iie Ihall or may be removed before any other Court, up- on the Decermination of any Controverly ; for which Service, the Clerk fhail re-- ceive the fame Fees as by Law the Secretary was intitled to. XIX. AND be it further EuaHed, by the Authority aforefaid. That the Clerk of cie^ks to tranf, every Superior Cr-urt'ai(;refaid, in the Month of Ot/cZ'^r, annually, Ihall return to [^Ij-V 'office'^a the Secretary's Office, a Lift of all Certificates for obtaining Probates, or Admini- i-;iuf tr^-bates. ftrations, granted by their refpeitive Courts, from Time to Time, containing the Na.nts of the Teftators^ or Inteftates, their Executors or Adminiftrators, and the Names of the Securiiie:; ; which Lift the Secretary is hereby required to caufe to be recorded in his Omce, alphabetically, in the Books for that Purpofe •, and fhall and may take and receive. Two Shillings and Eight Pence, Proclamation Money, tor every fuch Order tlierein mentioned. (a) XX. AND be it further Ena^ed, by the Authority aforefaid. That the Chief chief joft-ce and Tuftice, for his Trouble and Expence in a tending the laid Courts, fhall have and '^f'?,'!'^ ^'T *'., r-T-- r ■ ■% \ I- 1-1 rdl5Ali wance foj receive the Sum of Twenty-hx Pounds for each of the Courts he ftiall hold, ac- every cmrt. cording to the Directions of this Aft ; and the Attorney Central fliall likewife be allowed and receive the Sum of Sixteen Pounds for each of the laid Courts he fhall give his Attendance at by himfelf, or Deputy j to be paid out of the public Trea- fury, by half yearly Payments. XXI. AND be it further F.na^ed, by the Authority aforefaid. That the Chief chur j„mceanrcd to be the proper Pnfon ''''^• for I'uch Comn.itment, for Want ot Bail, the Plaintiff may enter the Defendant's Appearance, and he fhail be at Liberty to plead, as if fuch Appearance had been ^ entered by himfclf, and the Plaintiff may proceed to Judgment as in other Cafes in this Act direfted ; neverthelefs the Defendant fhall not be difcharged out of Cultody, but by putting in Bail, or Rule of Court. B b b XXXIIL AND 378 L ji W S of North-Carolina. XXXIII. AND he it further Ena^ed., hy the Authority nf or efaid^ That if the Sheriff fliall negledt to return any Writ or Writs iffuing out of any of the faid Courts, which Ihall be delivered to him Twenty Days before the fitting of the Court to which fuch Writ or Writs fhall be returnable, the Sheriff, for every fuch Negleft, on iMotion of the Plaintiff, and Proof of fuch Delivery, fliall be ordered and obliged to pay the Party aggrieved the Sum of Five Pounds, Proclamation Money, and be ™d^c?'by''the further liable to the Adion of the Party injured, unlefs the Sheriff can fliew fuffi- A^if.r appoint- cient Caufc to the Coutt froui whcncc iuch Procefs iffued, at the next fucceeding '"^ '' ' Court after fuch Order. G.1.1, an.l Hricecdingotheis- upon. All Ciii tik-n XXXIV. . AISID be it further Ena^ed, That all Bail taken according to the ipeci3i, an.i wh-n Direftions of thls Aft, fhall be deemed, held, and taken to be fpecial Bail, and as i^nbi. to Recove. ^^^^^ ^^^^^^^ ^^ ^^^ Rccovcry of the Plaintiff; but the Plaintiff, after final Judgment, fliall not take out Execution againft fuch Bail, until an Execution be firfl: returned, that the Defendant is not to be found ; and alio fliall take out a Scire Facias^ re- turnable to the faid Court, which fliall be made known to the Bail ; and that after the Return of fuch Execution againft the Principal, and Scire Facias aforefaid againft the Bail, tlxecution may iflue againft the Principal and Securities, or either of them, or either ot their Eftates, unlels the Bail fliall lurrender the Principal at or before the Return of the firft Scire Facias; any Law, Ufage, or Cuftom, to the contrary, notwithftanding. Provif,. where XXXV. PRO VI DEB ne'verthekfs. That if any Sheriff fliall return on a Scire the i>r,nc-,pai ,, p^^^^^ j.^ j^jj^ diretlcd that the Principal is imprifoned in the Prifon of his County, or any other, by Virtue of any Procels in any civil A6lion, the Court to which fuch Scire Facias is returnable fliall, on Motion of the Plaintiff or Bail, order and direct that fuch Principal be retained in Gaol where he or flie fliall be a Prifoner, until he or flie fliall have paid the Plaintiff's Judgment and Cofts, or be otherwife difcharged by due Courfe of Law -, a Copy of which Order being ferved on the Gaoler of fuch Prifon, before fuch Prifoner's Releafement, fhall be a fufficient Authority for him to retain fuch Prifoner until fuch Order fliall be complied with, and alfo fliall be deemed a Surrender of fuch Principal, and as fuch difcharge the Bail. pr-.cee.iint;?where XXXVI. A N D fot the better afcertaining what Procefs fliall iffue, when the 'thJ"'^Hh.nrff",Kt Sheriff fliall return that the Defendant is not to be found in his Bailiwick, Be it to be f.und. EnaJ7ed, That when the Sheriff fliall make fuch Return in any civil Adtion, the Plaintifi or Plaintiffs, at his or their Eledion, may fue out an Attachment againft the t^ftate of fuch Defendant, or an Alias, or Pluries Capias, until he be arrefted, returnable as herein before diredted for the Return of original Procefs : And if the Sheriff fliall return any Goods by him attached, and the Defendant fliall fail to plead within the Time herein direfted, the Piaintiff fhall be intitled, if in an Action of Debt, to final Judgment, and if in an Aftion on the Cafe, a Judgmicnt by Default, and a Writ of Enquiry of Damages to be executed at the next Court ; and the Goods lb attached, if not replevied or fold, according to the Dire6tions herein after men- tioned for Goods attached on original Attachments, fliall remain in the Cuftcdy of the Sheriff till fuch Judgment obtained, and then to be difpofed of in the fame Manner as Goods taken in Execution on a Writ of Fieri Facias -, and. if the Judg- ment fliall not be fatisfied by the Goods attached, the Plaintiff may have Execution for the Refidue. whfre Attach. XXXVII. A N D he it further Emctcd, hy the Authcrity afcvefaid. That it fnall Zl ""'' ''' ''" be lawful for the Chief Juftice, or the Juftices of the faid Superior Courts, or any Juftice of an Inferior Court, upon Complaint made by any Perfon, his Attorney or Agent, on Oath, that his Debtor has removed, or is removing himfelf out of the County privately, or abfconds or conceals himfelf, fo that the ordinary Procefs of Law cannot be ferved upon him ; and alfo further fwear to the Amount of his or her Debt, to the beft of his or her Knowledge, fhall thereupon grant an Attachment againft the Eftate of fuch Debtor, wherever the fame m.ay be found, or in the Hands of L A ^V S c/ N O R T K - C A R O L I N A. 3^9 A. D. 17O8. of any ?>^rfon or Perforis indebted to, or having any of the Eneds of the Party ab- fcondin-'^- or (o much thereof as Ihall be of Value lufiicient to iatisfy the Debt and — » '- C'-jlls oMuch Complaint; whicli Attachment (hail be returned to the Court where the Debt or Matter is cognizable: And luch Atcachaient Ihali be dtemed the lead- as J'roc« D. iy63. That when final Judgment fliall be obtained, the Clerk fhall allow a Lawyer's A^.Z^Zfr^.e Fee in the Execution, if the Party -employed one j which is hereby declared to be 50; iivAMDec. Thirty Shillings, Proclamation Money. 1:70, np. 5. That no Plea in Abatement ihall be received in any of the faid Courts, unlels the Party offering the fame Ihall, by AiHdavit, or otherwile, prove the Truih of luch P:ea. That where a Plea in Abatement fhall be pleaded in any oi the faid Courts, and npon Argument the fame ihall be adjudged inluflicicnt, the PlaintilT or Piainjiffs ihall recover againlt the Defendant full Colts to the Time of over- ruling ilu ;h Plea, including the Cods of that Court, a Lawyer's .Fee only excepted •, and the Claintiir in Replevin, or Defendant in any other A6tion, may plead as many ftvcral M;itters as may be necefiary for his Defence, fo as he be not admitted to plead and demur to the whole. Pt,,hu.5 of jeo. XLV. AND be it further EnaHed, by the Authority aforefaid. That all the Statutes 01 Jeofails and Amendments, which nov/ are in Force in England^ are hereby declared to extend to, and be in l^orce in this Colony ; and Ihall be duly obferved by all Judges and Jullices of the feveral Courts of Record within the lame, according to the true Intent and iVIeaning of the laid Statutes. XLVI. ANB be it further Ena5ied, by the Authority af or ef aid. That the fol- lowing Orders, Rules, and Methods, for caking the Teilimony of Witnefies, in all Caufes to be depending in the faid Courts, be obferved and put in Pradtce, to cov'/, R'lH for w;t. That in all Caules where WitnelTes are to appear at either of the faid Courts, a Subpcena Ihail be illued by the Clerk, direded to the Sheriff of the County where fuch Witnefs or Witneffes rcfide, mentioning the Time and Place for their Appear- ance, and the Names of the Parties to the Suit wherein they arc to give Evidence, and at whole Inftance they are fummoncd. That every Subpoena, returnable immediately, flial! be perfonally fcrvcd on the Witnefs or Witnelies therein named. That a Copy of every Subpcena iffued by the Clerk in Vacation Time, and re- turnable to any Day of the next Term, in Cafe the Witneffes thereby to be fum- moned are not to be found at home, may be left at the ufual Place of Rcfidence of fuch Witnefs or Witneffes, and leaving fuch Copy as aforefaid Paall be a good and legal Service; and the Perfon or Perfons thereby fummoucd arc bound to appear, under the hke Penalties as if perionally fummoncd. r-'?d.nce"°" '^'' XLVII. AND be it further EnaBed, Iry the Authority aforefaid. That if any ^' •'" Perfon, iummoned to attend as aforeiaid, lliall fail to appear accordingly, every fuch Perfon fo failing Ihall forfeit, to the Perfon or Perfons at whole Inllance the Subpoena was iffued, Tv*enty Pounds, Proclamation Money, and ffial! be further liable to the A6lion of the Party endamaged for Want of fuch Witnefs's Teilimony \ who ffiall recover his full Damages and Cofts. Provifii for Inca . pacit-y to atli:iiJ, To attend till dif- clidrgtd. XLVIII. PROVIDED ahmys. That if fufncient Caufe be fiiewn by the Perfon fo fumrnoned, or for whom Jiich Copies ihall be io left, and failing to appear, of his or her Incapacity to attend at the Time he or flie ought to have appeared, tlien no P'orfeiture or Penalty fhall be incurred by hich Failure •, but if fufficient Caufe be not fliewn at the next fuccctding Term after fuch Failure, on Notice given, it fhall and may be lawful for the Court, on Motion, to grant Judgment for the Forfeiture before mentioned, againlt the Perfon or Perfons fo fumrnoned and tailing to appear as aforefaid. XLIX. AND be it further Ena^ed, by the Authority aforefaid. That every Wit- nefs being fumrnoned to appear in any (jf the laid Courts in Manner as herein before direded, fhall appear accordingly, and continue to attend from Court to Court, until LAWS of N O K T H - C A R O L I N A. until difeharged by the Court, or the Party at whofe Inftance he was fummoned ; and in Default thereof, fhall be fubjeft to the Fains and Penalties herein before mentioned ; any Law, Ulage, or Cuftom, to the contrary, notwithftanding. L. AND be it further Enacted^ by the Authority aforefaid. That if any Witnefs by Sicknefs, Age, in Gaol, or any other Caule, Ihall be incapable of attending Court to give Evidence, or Ihall rclide out of i\\t Province, on Oath made thereof^ or the Truth of the lame otherwife fufficientiy appearing, the Judge, or Juftices of the Court wherein the Suit is depending, fhall and may, by Commiffion, as from Time to Time may be nrceffary, impower luch and fo many Perlbns as they fiiall think neceffary to take and receive the Depofinion of fuch Witnefs ; v/hicli, when duly returned, fhall be received as legal Evidence. 3^3 /*'. D. 1763. Where D?p"fiti- ons may be taken. LI. PROVIDED ahvciys. That the Party praying fuch CommiiTion as afore- faid, fliall give fuch Notice to the adverfe Party, of the Time and Place when and where fuch CommiiTion is to be executed, as the Court fhall think proper ; and the adverfe Party fhall have Leave to crofs examine any Witnefs or WicnefTes whofe Depofuion fhall be fo taken -, and all Depoficions otherwise taken than is herein di- reded, unlefs by Confent of Parties, Ihall be void, to all Intents and Purpoles. LII. AND be it further Ena^ed^ by the Authority aforefaid^ That if any Perfon or Perfons, who may be a Witnefs or Witnefles in any Caufe depending in any of the faid Courts, fhall be under a NecefTity of dep.irting this Colony before the laid Caufe is to be tried, that upon Oath made thereof before the Chief Jullice, or any one of the Juftices of the Superior Courts, and the Caufe of Excuie approved by him, the laid Chief Juftice,. or other Julcice, is hereby impowered to iliue a Corn- million to one or more Perlbns to take the Depofition of fuch Witnefs, Ten Days Notice being previoufly given to the adverfe Party, or his or her Attorney, of the Time and Place when fuch CommifTion is to be executed ; which Depofition, when returned, fliall be received as legal Evidence. LIII. AND be it further Enacted, by the Authority aforefaid. That if any Perfon who fha'l be fummoned as a Witnefs in any of the Superior Courts, or before any Perfons appointed to take Depofitions, fliall refue to give Evidence, on Oath, fuch Perfon fo refufing fhall be committed to the common Gaol, there to remain without Bail or Mainprize, until he or fhc be willing to give Tellimony, in fuch Manner as the Law now doth, or fhall hereafter direA. Provided, That the People called Quakers fliall have the fame Liberty of giving their Teltimony, by Way of folemn Arfirmation, as by Aft of Parliament made la the Eighth Year of the Reign of his M.ijefty King George the Firft, intituled. An /Lt for granting the People called 'Quakers fuch Terms of /iffirniation or Declaration as may remove the Difficulty which many of them lie under; and that ail Negroes, Indians, Muiattoes, and all of mixed Blood def- cended from Negro or Indian Anceftors to the Fourth Generation, bond or free, fnall be de.^med and taken to be incapable in Law to be WitnefTes in any Cafe whatfoever, excepting againft each other. LIV. AND be it further Enacted, by the Authority nforefaid, Thr.t during the Attendance of any Perfon fummoned as a Witnels to a Superior or Inferior Court, and as fuch Perfon is going or returning from the Place of fuch Attendance, allow- ing one Day for every Twenty Five Miles fuch Perfons Refidence fhall be diftant from the fame, no Sheriff or other Officer fhall ferve or execute on any Perfon fb attending, going to, or returning from luch Court, any Writ, Procefs, \Varrant, Order, Judgment, or Decree, in any Caufe ; and if any fuch fliall be fcrved or ex- ecuted, the fame fhall, and is hereby declared to be null and void. LV. rlND be it further Enacted, ly the Authority afcrefaid. That for every Mile any W^itnefs fliall travel, either going to, or returning from the Court to which fuch Witnefs fnall be fummoned to appear, there fnall be paid to him, by the Party at Prnvir>, for the ^d^/er^e i-*arty to have Notice. Ptrf.ins leaving the Province, thtir Depofitions may be taken. Pen. for Refufal to givt Evidence, Prr,v:fo for Qua- kers. Neproe?, &c no Eviilcncr, rxcrpC agair.ll each o- tner. VJitncffcs Piivi- lege. Th'ir Allowince for Aileniiiince. 384 LAWS of North-Carolina. A. D. 1768. at whofe Inftance the Subpoena ifilied, Three Half Pence, Proclamation Money, ^-"•"^f"-^ .per Mile, together with the neceffary Charges of Ferriage ; and Three Shillings like Money tor every Day's Attendance, from the Time appointed for the Appearance, until the Time fuch Perlon ihall have given Evidence, or fhall be dilbharged. Provided, That in any Bill of Cofts, there fhall not be allowed the Charge of more- than Two WitnelTes to any one particular Matter of Fact. w.its of Enor LVI. A N B he it further Enacfed, by the Authority aforefaid. That the Superior granted. Courts fliall have Power and Authority to grant Writs of Error for correcting the Errors of any Inferior Courts, where the lame fhall be neccfiary; and the l^arty prayino- fuch Writ of Error, before the lame fhall iffue, fhall afhgn Error, and give liond and Security, to be approved of by the Court, to abide by, perform, and fuliil the Judgment which ihall be given thereon by fuch Court : And if upon Ar- gument of any Writ of Error, or Trial of any Appeal from any Inferior Court, the Judgment or Decree ot the inferior Court fliall be reverfed, the Superior Court fhaii o-rant Judgment, or make luch Decree ihcixupon as Ihould have been entered or made up in luch Inleiior Court, and fliall and may ifi'ue Execution thereon, without granting a Writ oi Procedendo ; and to prevent the obtaining Writs of Er- ror by Surprize, the Party praying luch Writ, m a civil Caufe, fhall give Notice to the auverlc i'arty ol his moving tor fuch Writ, at leall Ten Days before fuch Motion i and no luch Writ fhall be granted without an Affidavit of fuch Notice. tiabas c-rpus LVII. AND for preventing long and opprefTive Imprifonmenf^, Be it Ena^ed, rny !e grant. rt, ^ ^^^ Authority aforefaid. That when any Perion fhall be committed, in any civil ]j'.c»yTThe sl' Adtion, to tiie Gaol ot any County, by Procefs illuing out ot any Inferior Court, pcnor Cou.t. ^^^ ^^^y Matter cognizable in the Superior Court, it fhaii and may be lawful for the Superior Court ot the Diftrid in which fuch Pcrlon ihall be imprifoned, upon Pe- tition, and Caufe fhewn by the Perion fo imprifoned, to ifTue out a Habeas Corpus cum Caufct, to re.hove the Body of luch Defendant into the Gaol of fuch Superior Court, and the Caufe of Commitment into the fame Court ; and the Clerk of fuch Suponor Court is hereby authorized, directed, and required, by Order of the Court, to ifTue fuch Writ accordingly •, and the Court fhall and may proceed therein, and bail, difcharge, or retain fuch Prifoner, as the Right of the Cafe may require. caof.st.nnfpofea LVIII. AND be it further Ena^ed, by the Authority aforefaid. That all Caufes, to the sui-crirr ^^,^| Writs, Suiis, Plainis, Procefs, Recognizances, Indidments, and Preient- Court Dotkets. ii<->.«""-'5 7 ■> ^ ,, , , , • r 1 1 o • /"• ,„»„ ments whatloever, that are, or fhall be depending in any ot tlie late Superior Courts of Juftice within this Colony, or fuch as fhall be returnable to, or had, or fhall have Day or Days in any ot the faid late Superior Courts, or other Matters or Things in them depending, and not fully determined, ihall be transferred and put on tlie Dockets of the relpeftive Superior Courts hereby eftablifhed, in the fame Order they (liall then fland in the Duckets of the faid late Superior Courts refpec- tively -, and fliall be proceeded in by the faid Superior Courts hereby eftablifhed, according to the Method by this Ad direded, as if the fame had bten originally commenced in any of the fame, due Regard being had that fuch Courts take Cog- nizance of fuch Suits, Matters and Things, the Caufe or Caufes whereof arofe, or is fucro-efted to have arilen, within their reipedive Diftrids. AO-.on gwrn m LIX. A N D bc it further EnaElcd, by the Authority aforefaid. That in all Cafes the G.rTcai ,t whcrcln by any Ad of AiTembly heretofore made, Adion is given, or Recovery Courts'T.rm.y dircdcd to be had in the General Court, or any of the Supreme Courts of Juftice, Ihe f 'm '' m the Q)'^'" ^"^^ "terminer, and General Gaol Delivery, or in any of the late Superior Courts JrcienTamt's.' within this Colony ; in every fuch Cafe, after the palTing of this Ad, Suit may be brought for the fame Caufe of Adion, and Recovery had in fome one of the Supe- rior Courts of Juflice hereby eftabliflried, and Judgment and Execution fhall be en- tered as in other Cafes by this Ad direded. LX. AND L A iV S cf N OR T H -C A R O L I N A. 385 LX. AND be it further Enacted^ by the Authority aforefaid^ That all Writs and A. D. 1768. othrr Procefs, and all Suits, Appeals, and Proceedings whatfoever, ifTued, oranted, ^— -r^r"*— ^ or profecuted in the late Superior Courts, wherein Judgment hath been entered, or theVte 'c.l'.u.- Decree made, (hall and may be taken Cognizance of by the Siiperior Courts ot the "'/'' '"' *"''":" relpeclive Diftricts hereby ellabiilhcd, wherein the Caule of A6lion did ariie, or thf'p.cfcnt"' '" was fuggefted to have arifen ; and fuch Courts may refpeftively award Execution, ^'"°'^^- or other neceflary. Proceeding?, on fuch Judgment or Decree, in the fame Manner as if fuch Suit had been originally commenced in fuch Court; any Law, Ufage, orCufton, to the contrary, notwithftanding. LXI. AN D be it further EnaHed, by the Authority aforefaid^ That wherein any of FnrfeiteH Recog- the late Superior Courts, any Recognizance has been forfeited, or Fine impofed, urc"«.t"hJv* and not hithi'rto paid, it fhall and may be lawful lor the Superior Courts hereby ''•vi'-'i- cftablifhz^d, of the Diftrifl in which fuch Recognizance was or fliall be forfeited, or F'ine impofed, to iffue Execution, for levying the fame, after the Party lliaii be lerved with a Writ of Scire Facias, and fails to fliew fufficient Caule to the contrary ; and in all Recognizances which [hall hereafter be forfeited, or Fines which fhall be hereai'ter impofed, in any of the Superior Coutrs, the fame Procels Ihall ifTue, and the Forfeitures be levied in the fame Maijner, unlefs lufficient Cauie be fhewnj on the Return of a Scire Facias, why fuch Forfeiture fliould be difcharged or miti- gated by the Court. LXir. AND whereas many of the Prifons within this Province are infufficient commiirnn of for the Retention of Perfons who may commit capital and other Offences againft n!rm"''b'?iira- his Majefty, his Peace and Government; therefore for the fpeedy Trial of fuch 7L""^ Oifenders, Be it Enaded, by the Authority aforefaid. That the Governor, or Com- mander in Chief for the Time being, fo often as he fhall find it necelTary, is hereby impowered and authorized to ifTue a Commiffion of Oyer and "Terminer, and General Gaol Delivery, under the great Seal of the Province,"^ direded to the Chief Jullice, and his AlTxiates, or either of them, for the Trial of any fuch Offenders ; and the fdid Juftices fo commiffioned, or either of them, after Receipt thereof, are hereby impowered to hold a Court, within the Time limited by fuch CommifTion, for the Trial of every fuch Offender ; and to hear and determine all Treai'ons, Murders, Burglaries, Felonies, Trefpiffes, Crimes, and Mifdemeanors, of what Nature or Kind fjever, wherewith fuch Offender or Off«;nders is or fhall ftand charged ; and give Judgment, and award Execution thereon. XLIII. AND be it further Ena^cd, by the Authority aforefaid. That the Chief Jurors appomtedi Juftice, and other Juftice or Juftices fo commiffioned, or either of them, on receiving fuch CommuTion, fhall order the Clerk of the Court for the Diflriil where fuch Court of Oyer and Terminer is to be held, to iffue Writs of Venire Facias, direfted to the Sheriff of the refpeftive Counties within fuch Diftricl, to ferve as Grand and Petit Jurors at fuch Court; which Writs the laid Clerks is hereby impowered and required to iffue, Ten Days at leafl before the Day of holding every Court of Oyer anj Terminer, to iummons Six good and lawful Men as Grand Jurors, and Six other good and lawful Men as Petit Jurors, for every County within fuch Diftridl", being Freeholders, to appear and attend at fuch Court; which Perfons fo fummoned as Grand Jurors, or fo many of them as fliall appear (together with other good and lawful Freeholders of the By-fVanders, if neceffary, to add to fuch to make a fufficient Number of Grand Jurors) flmll be a Grand Jury ; and it fliall be lawful for fuch Grand Jury to enquire of, and prefent, all Treafons, Felonies, and other Offences, cognizable in the laid Court, which fhall have been committed or done within any County or Counties within fuch Diftrift ; and the Freeholders lb fummoned as Petit Jurors, or io many of them as fliall appear (not being challenged) together with fo many other good and lawful Freeholders of the By- (landers, as"^ fhall niake up the Number of Twelve, fhall, and are hereby declared to be a lawful Jury, for the Trial of any Perf )n or Perl()ns indifted of Treafon, Felony, or other Crimes or Mif- demeanors, before the faid Court of Oyer and Terminer: And if any Perfon lb fum- C c c moned 386 LAWS of North-Carolina. A. D. 1768. Pen fir non at- tendance. Surplus of Dutiei appr^'priated. moned to ferve on the Grand or Petit Juries before fuch Court, fhall fail to appear and attend, it Ihall be lawful for the faid Court to fine every fuch Perfon fo tailing Three Pounds, to the Ufe of the County whereof he is Refident. LXIV. AND be it further Enabled, by the Authority aforefaid^ That fo much. of the Money as fhall arife from the Duties hereby impofed on Law Suits and Car- riage Wheels, as Ihall remain after paying the Salaries herein provided for the Chief. Juftice and AlTociate Juftices, Ihall, and is hereby applied to the Contingencies of this Government. Pcmltics how rc- coveied anJ ap- plied. LXV. AND be it further Enacted^ by the Authority afcrefaid. That all Penalties and Forfeitures arifing by Virtue of this Aft, for which no Mode of Recovery is provided, or of which no Application is herein before made, Hiall be recovered by Aftion of Debt, in any Court of Record in this Province, Refpeft being had to the Diftrid and Jurii"di<5tion of fuch Court •, and applied, one Half to the Perfon or Perfons who Ihall fue for the fame, and the other Half to the Contingencies of Go- vernment. Whit Procefs to ifVii on a Non fft for filial Woiii- ons. Continuance of the Aa, LXVI. AND whereas Doubts have arifen as to what Procefs fhall ifTue, when any Sheriff fhall return that any Defendant or Defendants, in any Suit in a Superior Court for the Recovery of Legacies, filial Portions, or diftributive Shares of Intef- tates Eftates, cannot be found-, for Remedy whereof, Beit EnaSJed, That in all fuch Cafes, the PlainrifT lliall be intitled to an Attachment againft the Goods and Chattels, Lands and Teneinents, of fuch Defendant or Defendants ; and upon the Return of fuch Attachment executed, if the Defendant fhall fall to reply, plead, anlwer, or demur the fame Term, the Plaintifl^ fhall be intitled to a conditional De- cree or Judgment, purfuant to the Prayer of the faid Petition, which fhall be final at the next Court, unlefs fuch Defendant or Defendants fhall then appt-ar and give Security, and plead, anfwer, or demur to fuch Petition ; and the fume Method fhall be obfcrved as to Garnilhees, as in other Cafes of Attachment. LXVIL AND be it further EnaHed^ by the Authority afcrefaid. That this Aft, and every Claufe, Ardcle, and Thing therein contained, fhall continue and be in Force for the Space of Five Years, from and after the pafTing thereof, and to the End ot the next SefTion of AlTembly, and no longer. C H A P. IL An A^ to amend and continue the feveral A"s for efiablifhing Inferior Courts of Pleas and garter Sejfwns in the feveral Counties in this Province, (a) Printed Copy of Fees to be fer up in Clerks Office, IV. ND be it further Ena^ed^ by the Authority aforefaid., That the refpeftive ^ ^ Clerks of each and every Inferior Court in this Province fhall, within Six Months after the paffing of this Aft, affix and keep up in fome public Place in his Office (to which all Perfons may have Accefs) a true and perfeft printed Copy of all fuch Fees as the Clerks of the Inferior Courts arc, or may be intitled to ; and Pen forNegiea. cvcty Clerk failing or neglefting fo to do, fhall forfeit and pay, to any Perfon that will fue for the fame, Ten Pounds, Proclamation Money, for the firft Six Months fuch printed Copy fhall be wandng, and Five Pounds a Month al'terwards for each and every Month fuch Fee Bill fhall be neglefted to be kept up as aforefaid ; to be recovered by Aftion of Debt, in the Inferior Court of the County where fuch Of- fender refides. Clerics to tranf. V. A N D bc it furthcr Enacted^ by the Authority aforefaid. That the Clerk ^■rnor" a^Lift of ©^ ^ach and every Inferior Court in this Province fhall, within Six Months next after Taxdbies. the (a) The ift, 2d, 3CI, 6tli, 7th, Stli, and 9th Claufes of this A^, provided for by Act Dec. 1770, Chap, 19. L A i^ S oj Nokth-Carolina. 387 the Courc to which the Lifts of Taxables are returned, in every Year, tranfmit to ^. D. 1768. his Excellency the Governor, a true and fair Copy of the Lilts of Taxabks of the ^""V""-^ County whereof he is Clerk j and the faid Clerk, Ihall refpedively tranlmit to the Governor an exai5t Account ol the Number of I'axabies iettled for by the Sheriff, with the Inferior Court of the County, and alio the Number cf Iiifolvents allovv'ed ^ fuch Sheriff ac fuch Settlement, and the Names of the Juftices fettling fuch Account, within Six Months next after fuch Settlement. X. AND whaeas the Days heretofore appointed by Law for holding the Infe- o-.nty courti rior Courts for the Counties of New Hanover^ Ovjlow, Duplin^ Cu>yiberland, Bladen, '^ =" ^ • Pitty Craven, Lobbs, Currituck, Paf que tank, Chowan, Tyrrell, Hertford, Northampton, Edgcoinb, Bute, Orange, Granville, Rowan, Meckltnbv.rg, and johnjton, have been Ibund inconvenient for thofe whofe Bufinels it is 10 attend fuch Courts : Be it there- for EnaJed, by the .htthority aforefaid. That from and after the paffing this A6t the Inferior Courts of Tleas and Quarter Seilions for the fcvcral Counties aiorefaiu fliall be held on the Days following, inftead of the Days heretofore appointed for holding fuch Courts, to wit. New Hanover, tlie Firft Tiiefday •% Onflov), the Second Tuefday It'v j -i <-i i a n>trt l ^•^ ,. ' , T ,. , ,- -^ -^ > In January, April fiih, and 05fober. Duplin, th^-i hwd 'lucjuay | -^ -'^ r ■> j j-> C'onberknd, the Fourth Tuefday J Bla.ien, tne Firit Tuejdr.y in February, May, Av.guft, and November. Pitt, the F'ourth Tucjdcy in January, Afril, July, and Ottober. Craven y the Second '■iuffday m March, J<^ne, September, and December. Dobbs, the Firft Tuefay in January, April, July, and Otiober. Currituck, the Firll T,.ejday t Paf quo lank, the Second -luefday J- In March, June, September, and December. Cboi^an, the Third Tuefday J Tyrrell, the Second Tuejday in February, May, Augujl, and November. * Granville and Hertford, the Firft TuCjday in February, May, Augufl, and November. ^ Bute, the fccond Tuefday y * Halifax, the Third Tuefday > In February, May, AicguJi, and November. Edgcomb, the Fourth Tuefday } Mecklenburg, the Second Tuefday t * Rowan, the Third Tuefday > In January, April, July, and October. Orange, the Fourth Tuefday J Northampton, the Firft "iuefdny in March, June, September, and December. And Johnflon, the Fourth Tuefday in February, May, Aiigufl, and November, in * every Year. XI. AN D be it further Ena5fed, by the Authority aforefaid. That all Aftons, pmcefa began in Suits, Writs, Proccfs, Petitions, Indiftments, Informations, and Prefentments *''',.'""''" ^""'''* ' ' ' ' ^ ^ * ' i*r(^* Cfintiniita to trie vvhatfoever, heretofore commenced in, ilTued from, or returnable to the refpective prefcnt courts. Courts, the Time for holding of which is altered by this Ad, (hall be, and are hereby continued to the particular Days and Times hereby appointed ; and all Sub- poenas for Witnefles, and Recognizances for the Appearance of Perfons at the faid Courts, as eiTedlual as if the particular Day for holding any of the faid Courts had been mentioned therein ; and the Perfons fummoned as Witnefles, and entering into fuch Recognizances, bound to appear accordingly. XII. AND be it further Enacted, by the Authority aforefaid. That fo much of Afl. continued, an A61 of Aflembly, intituled. An Act to ejlablifj Inferior Courts of Pleas and garter C c c 2 SeJfions • The Court Days for the Counties of Granville, Hertford, H any Thing in the faid recited Ads contained to the contrary, notwithftanding. Fireimble. Jurrrj hew ap- pointed. Tfot to ferre two C urtJ, "I when th?y have Afti- ine depeniJing, Numfcer ft Ju- lois tor the feve- ral Ccuntiei to $>e appointed. Pen. for non- At. ItuiiJiits. CHAR III. An AU directing the Method of appointing Jurymen in aU Catifes criminal and' civil I. ^"^TFIEREAS a juft Decifion of Suits and Controverfies in the feveral y y Courts of Juftice in this Province greatly depend on the Integrity and Capacity of Jurymen : IL B E it Enacted, hy the Governor, Council, and AJfemhly, and hy the Authority of the fame. That no i-'erlon Ihall be a Juryman in either of the Superior Courts of Juftice within this Province, who Ihall not be nominated, fummoned, and qualified, as is herein alter dircdcd, that is to fay ; the Juftices of the Inferior Courts within the Diftrid of each relpedive Superior Court within this Province fliall, and they are hereby ciircded, btiore the Sitting of any Superior Court, to non inate Twenty Four Freeholders to fervc as Grand Jurymen, and Twenty Four Freeholders to fcrve as Petit Jurors, at fuch Superior Lourt. • III. PROVIDED alivays. That no Inferior Court Ihall, knowingly, nomi- nate any Pcrlon tp ferve as a Grand or Petit Juror, at I'wo Courts fucceflively ; nor any Perfon to ferve on the Petit Jury, who fhall have an Adion or Suit to be tried in the Superior Court, at the Term to which he Ihall be nominated. IV. AND be it further Enacted, by the Authority aforefaid. That the Number of Freeholders to be nominated for each County to fcrve as Jurors as aforefaid, Ihall be proportioned as follows, to wit, New Hanover County, 1 welve. Bladen County, Eight. Onflow County, Eight. Duplin County, Eight. Cumberland County, Six. And Brunfuvick County, Six, for the Diftrid of Wilmington. Craven County, Eighteen. Carteret County, Four. Beaufort County, Six. Hyde County, Four. (a) Dobbs County, Ten. And Pitt County, Six, for the Diftrid of Newlcrn. Northampton County, Twelve. Halifax County, Fourteen. Edgcomb County, Ten. (b) Johnjlon County, Six. And Bute County, Six, for the Diftrict of PIcUfax. Chowan County, Ten, Perquimons County, Six. Pafquotavk County, Eight. Car- rituckCo\JinVf, Four. Tyrrell Coumy, Six. Bertie County, Eight. And Hertford County, Six, for the Diftrict of Edenton. (c) Rowan County, Twenty 1 wo, (d) Anfon, County, Ten. And Mecklenburg County, Fourteen, for the Diftrict of Salifbury. (e) Orange County, Thirty Six. And Granville County, Twelve, for the Diftrict oi Hillflorough. A Lift of which Jurors fo nominated, fliall be delivered by the Clerk of each Inferior Court of Pleas and Quarter Stflions to the Sheriff, who fhall, and is hereby required, to fummon the Perfons fo nominated to ferve as Jurymen at the Superior Court: And if any Juryman fo fummoned fhall fail to appear, he fhall be fined Five Pounds, Proclamation Money, unlcfs he can fhew fufficient Caufe to the next Court to excufe his Non-Appearance ; which Fine fhall be (a) Number of Jurors for DoLls altered to 6, by A&. Dec. 1770, Chap. 22, (i>J Number for 'Johnjiun altered to 4, by the fame Aft. (c) Jurors for Roivati 12, by Ad Dec. 177c, Chap. 42, (ti) jurors for An/on 6, and for Mecklenburg 6, by Ad Dec. 1 770, Chap. 24. CeJ Jurors for Orange 22, by Ad Dec. 1770, Chap. 27. L A iV S of North-Carolina. zh be applied to the Payment of fuch Jurors as Ihall attend from the faid County, and A. D. 1768. thereby leffcn the County Tax. W — y .. ^ V. P ROFIDED always, That if any of the faid Inferior Courts of Pleas Bvft.nJerstobe and Qiurter Seffions lliall fail or negled to nominate Freeholders to lerve as Grand ' '"^"^"""i. t - be and I'ctit Jurors as aforefaid, or the i-'erfons fo nominated fhall iail to attend, it Ihail andpjn fm cun* and mjy be lawful for fucii 'Superior Court to order and dire(5t the Shenfi to fum- ■^"^^'^^nte. mons other Freeholders of the iiy-llanders to icrve as Jurymen, for either Grand or Petit Jurors; and the Perfons lo lummoncd, fhall be d.emtd and held as lawful Jurymen. Provided^ That fuch By-ftanders as Ihall be fummoned to ferve on the Jr'etit Jury, fliail and may, every Day, be ddcharged, and the fucceeding Day, and /o from Dr/ to Day, during the Continuance oi the Court, the Sheriff fliail fum- mons of tiie By (landers fo many as fliali be neceffary : And every ii^erfon fo lum- moricd oi the i3y-ltanders, v/ho fliall not appear and ferve as a Juryman, fliall be fined the Sum oi Three Pounds, Proclamation Money, uniefs he can fhew fufficienc Caufe, to be admitted by the Court ; to be applied as before diredfed. VI. AND that the Fines may be applied according to the Diredions of this rmes how i=vw; Act, Be it Enacted, by the Authority aforejaid, I'hat the i^'ines herein impoied fliall be levied by the Sr.erilTof each rclpedive County wherein each Perfon Ihail reiide, who Oiail be lummoned as a Juryman as is herein direded, and fhall fail to appear and ferve as fuch ; and fuch Sheriff fhall be accountable for the fame to the Inlerior Court of his County. VII. AND be it further Ena£led, by the Authority aforefaid. That the Sheriff of Time and Man- each refpechve County fhall, and is hereby required, "to fummons the Freeholders [„' w"'""'""* in the Liit to be delivered to him by the Clerk of die Interior Court of his Coupty, at leaft Ten Days b-rfore the Sitnng ol the Superior Court at which luch Freeholders are to attend as Jurors, which he may do perionally, or by leaving a Note or Sum- mons, in Wriung, at the Dwelling-Houle of luch i'reehoider fo to be nominated as aforefaid. , VIII. AND be it further Enabled, by the Authority aforefaid. That the Clerk cf m nncrofdraw. each Superior Court Ihall, every Day, during the Continuance of iuch Court, write i"^ J^'.y''' '" "«- the Names of all Petit Jurors appearing, on Scrolls, or Pieces of Paper, which '' fhall be put into a Box, and on every liilie in every Suit, where it is not otherwife agreed by Confenr, a Child, under Ten Years old, in open Court, fhail draw out of the laid Box Twelve of the faid Scrolls or Pieces of Paper ; and the Perfons whofe Names (haJl oe on the faid Scrolls or Pieces of Paper, drawaas aforefaid, fhall be the Jurors to try fuch Iffue, provided that they ail do appear; and in Cafe of De- faulters, other Scrolls fhall be drawn, till a luliicient Number fhall appear to make a compleat Jury. IX. PR FIDE D akvays. That if any of the Jurors, whofe Names fhall be pro^!faforClla». drawn as is herein before directed, fhall be lawfully challenged, other Scrolls fhall ''"6^- be drawn, in Manner aforefaid, as Occafion may require, till a complete Number of Jurors fhall be made out. X. AND whereas the attending the Superior Courts will be very expenfive to . urors; tor Remedy whereof, Be ^t Enacted, by the Authority aforefaid. That each fcrAttcn£*wc and every Juror who fhall attend either of the Superior Courts to which he fhall be nominated as aforefaid, and fummoned in Virtue of this Ad, upon producing a Certificate from the Clerk of the Superior Court of the Time of his Attendance, to the Inferior Court of the County where he refides, fhall have and receive Three Shillings, Proclamation Money, for every Day he fliall travel and attend as afore- faid ; and an Allowance for fiis Ferriages, if certified as aforeiaid, to be paid out «f the County Tax, XI. AND 390 LAWS 0/ North-Carolina. Special Juries fiuy be appjuit- A. D. 1768. XI. AND be it further Enacted^ by the Authority afcrefaid^ That from and after the pafling this A<5t, in all Suits depending or profecuted in any of the Superior Courts of Jullice within this Province, wherein the Title or Bouncs of Lands fhalJ come in Queltion, if it fhall appear to the Court that it will be neceflary that the Jurors who are to try the Iffue joined m any iuch Suit, fhould have a View of the Mcffuages, Lands, or Place in Q^ieftion, in order to their betier undcrflanding the Evidence that will be given upon the Trial ol Iuch Iflue ; in every fuch Cafe, the Court in which fuch Suit ihaii be depending, may (on Reafons being fliewn, and approved by the Court) order fpeciaJ Writb of Venire Facias^ ox Habeas Corpora, to ifluf, by which the Sheriff, or lucn other Officer to whom the faid Writ Ihall be direcled, Ihall be commanded to have the Jurors numed in fuch Writ, or Six of them at leaft, at the Place in Qiieftion, fome convenient Time before the Trial of fuch Caufe, who then and there mail have the Matter in Qiiefton fliewn to them by Two Perfons in the faid Writ named, and to be appointed by the Court; and the Sheriff, or other Officer, Ifiali certuy un the faid Writ what Proceedings have been had thereon. Manner of ftrik- iMg them. ■Number of ihcra M b* I'wora. Sarvevor to at- tend the Jury. Time of fum- monng the Jury, anH Hen. for non- Attendance. Jurors, Shetiffs, and Surveyor's Allowance. ^ XII. AND be it further Ena'Ted, by the Authority aforefatd^ That where a View fhall be ordered as aforefaid, the Jury appointed for that Purpofe fhall be ftruck in Manner fol. owing, to wit, 1 he Plaintiff and Defendant, or their Attornies, fhall deliver to each other a Lilt, containing the Names ol Twelve good and lawlul Free- holders, inhabiting within the Dittritt ot the Court ordering Iuch View ; and each Party having ftruck out Six of the Names on the iaid Lift, the Perfons whofe Names are remaining thereon fhall be the Jurors to have fuch View ^ and if either Party fhall refufe to comply with the Direttions of this Ad, in ftriking fuch Jury, the Court fhall ftrike Six Jurors in the Stead of him fo rcfufing. XIII. A N D be it further EnaHed, by the Authority aforefaid. That when a fpecial Jury fhall be allowed as atoielaid. Six of the Jurors named in the Pannell, or more, who have had fuch View and appear, fhall be firft fworn on the Trial of the IfRie joined in the Caufe before any others fhall be ballotted; and fo many only fhall be bailotted and added to the Viewers who appear as, after all Defaulters and Challen- ges, allowed, make up the Number of Twelve to be fworn. XIV. AN D be it further EnaEfed, by the Authority aforefaid. That when any fuch View fhall be ordered as aforefaid, the Court allowing the fame may, if it fhall appear neceffary, order any Surveyor to attend the fame, and to run out and furvey the Lands and Lines in Difputc, in fuch Manner as each Party and the Viewers Ihall dire(i:t, and to make Three accurate Plans of fuch Surveys, and return the fame to fuch Court ; which Order fuch Surveyor is hereby required to obey. XV. AND be it further Enacted, by the Authority aforefaid. That the Sheriff, or orfier Officer to whom fuch Writ of Dijlringas or Habeas Corpora fhall be direfted, fhall fummons the Jurors theiein named to appear at the Place to be viewed, at leaft Five Days before fuch View is to be had ; and every Juror being fo fummon- ed, and failing to attend and take fuch View, or to attend the Court to try the Iflue in 'the Caufe, ftiall be fined by the Court for every fuch Negledl, a Sum not ex- ceedino- Five Pounds, Proclamation Money, to be levied as other Fines fet on Ju- rymen, and appied to the Ufe of che County wherein the Lands in Difpute are fituate •, unlefs the Perfon fined fhall, on Oath, fhew to the Court fufficient Reafon for fuch Failure or Negled. XVI. AND be it further EnaHed, by the Authority aforefaid. That the Jurors attending fuch View, and at the Court in the Trial of fuch Iffue, fhall have the fame Allowance as other Jurors are intitled to who attend at the Superior Court of Juftice ; and the Sheriff ihall be allowed Ten Shillings per Diem for attending at fdch View, to remove Force, if any fhould be offered ; and the Surveyor fhall have and receive Twenty Shillings, Proclamation Money, per Diem, for travelling to and L A IV S of North -Carolina. and from, and attending at the Place of fuch View, and difcharging his Duty as by ^. D. this Aft required j which feveral Allowances fhail be taxed and aiiowed in the Bill ofCofts. ' *^*^''"'- \9i i;63. • ' » Was uiir.e- Ctffi.y. Grind and Petit Jntr.5f. rthrln- leri, r Ci utts to Le fummcned. XVII. PROVIDED al-vjays^ That if it Ihall appear upon the Trial of any fuch Caufe, that the ftriking of a fpecial J ury was altogether unnecefiarj^ the Party who applied for the fame Ihall pay all the extraordinary Expences occafioned by ftriking I'uch a Jury ; and fliall have no other Allowance of Coft?, than he would be inticleJ to if the Caufe had been tried by a common Jury.- - ' , XVIII. AND he it further Enacted^ hy the Authority afhHfaid, Thit'the Sheriff of each refpe6tive County of this Province fhall, Five Days at ieaft before the fitting of each relpeftive Inferior Court to be held after the paffing of this Aft, fummon Twenty Four Freeholders to ferve on the Grand Jury, and Twelve Freeholders to ferve on the Petit Jury, to attend at fuch Courts refpeftively; which faid Jury fhall appear and give their Attendance accordingly, rill discharged by the Court: And that there may not be a Default of Jurors, it fnall and may be lawful during tbe fitting of the Inferior Court, for the Sheriff, by Order of the laid Court, to fummon of the By-ftanders other Jurors, being Freeholders, to lerve on the Petit jury fron\ Day to Day, and on any Day of the faid Court the Juftices may difcharge thofe who have ferved the preceeding Day. XIX. A N D to enforce the Attendance of Jurymen at the faid Inferior Courts, Be it Ena^ed^ by the Authority aforefaid^ That every Perfon who fhall hereafter be fummoned in Virtue of this Aft, to appear either as a Grand or Petit Jurymen at any Infe'"ior Court, and fhall fail to appear, or to give his Attendance, till dilcharged by Order of the Court, fuch Perfon, fo failing to appear or give his Attendance till dif- charged, fliall be fined Forty Shillings by the Juftices of the Inferior Court ; to be applied towards defraying tlie Charges of the County, and leffening the County Tax; unlefs he fhall fhew fuiBcient Caufe to the next fucceeding Court for fuch Failure. XX. AND he it further Enacted^ hy the Authority rforefaid. That no Sheriff or jurots Privilege; other Ofhcer fhall ferve or execute any Writ or other Procefs on the Body of any Juror during his Attendance on, or going to, and returning from any of the faid Courts ; and any fuch Service fnall be void, and the Defendant may, on Motion, The-rAttendance infaictd. be difcharged XXI. AND he it further Enacted, hy the Authority aforefaid^ That this Aft ^cnr„.u fliall continue and be in Force for and during the Space of Five Years, from and ^^'^ ^^ after the paffing of this Aft, and from thence to the End of the next Seflion of Affembly, and no longer. Continuance of CHAP. IV. An Aolfor vefting certain Lots in the Town of Newbern in his Excellency the Governor^ and his Succefjors. I. TTTHEREAS by an Aft paffcd at Neivhern the Firft Day of Dcccmhcr, in i», VY the Year of our Lord One Thoufand Seven Hundred and Sixty Six, in- tituled. An A:l for ere^ing a convenient Building within the Town ^/Newbern, for the Refilence of the Governor or Cora. nander in Chief for the Time beings his Excellency VVilliam Try on, Elq-, then and now Governor and Commander in Chief of this Province, was authorized and impowered to purchafe any Number of Lots of Lands, not exceeding Twelve, lying and being vv'ithin the Limits and Boundaries of the Town of Newbern, in any Part of the Town he fliall think moft proper and conveni- ent; and to take and receve one or more Deed or Deeds, fufncient in Law for the conveying the lame to himfelf, and his Succeffors, Governors or Commanders in Chief of this Province •, and upon fuch Conveyance, to contraft and agree with proper '.Me. 392 LAWS of NoRTH-CAROLiWA. A. D. 1768. proper Perfons for defigning, ere£ting, and compleatly finifhing, a convenient Dwel- ^-""^^r"'^ iing-Houle, with all necellary Offices, for the Ule of hiiTilclf and hiS SuccLlTors^ Governors and Commanders in Chief of this Province: And whereas, purfuant to the Power and Authority of the faid Ad:, his Excellency has thought it mod proper and convenient that a Square in the faid Town, containing Twelve Lots, bounded by Eden $treet, PoUock Street, Metcalf Street, and Front Street, Vv'ith ihc Water Fronts belonging thereto, fliould be purchafed for the faid intended Building, and hath agreed with proper Perfons for defigning, erecting, and finifhing the faid I Joufe and OlHces •, but the legal Title to fome ol the faid Lots being vefttd in Perfons out of the Province, or Infants or Truftees, or Perfons at prefent unknown, his Excellency hath not yet been able to make a Purchafe, or obtain proper Convey- ances for Ibme of the laid Lots : For effecting therefore a full, complete, and ab- folute Title to the Whole of the faid Lots and Water Fronts, and veiling the fame according to the Intention of the faid A6t of AlTembly •, M-nncr of veft- jj^ . y[ ^ Y It plesfc your Excellency that it may be Enabled, And le it EnaTed^ the Goveinur. "' hy the Govemor, Council, and /ijjhnbly, and by the Authority cj the fa..'te. That it fliail and may be lawful to and for the Inferior Court oi Craven County, and the faid Court is hereby impowered, authorized, and required, at the Firfl Court to be held for the faid County alter the Firfl Day of March next, to iffue a Warrant or War- rants, Precept or Precepts, direded to the Sheriff ol Craven County alorefaid, who is hereby authorized, direded, and required, accordingly to fummon, impanncl, and return to the faid Court, a competent Number of lubftantial diiintereiled Per- fons, qualified to ferve on Juries, and not lefs than Twenty Four -, and out of fuch Perfons lo to be impannelled, fummoned, and returned, a Jury of Twelve Perfons fhall be drawn by lome Perlon by the faid Inferior Court to be appointed, in fuch Manner as Juries for the Trial of Caufes in the Superior Court, by the A<51 of Af- fembly now in Force, are diredled to be drawn •, which Perfons fo to be impannel- ed, fummoned, and returned as aforefaid, are hereby required to come and appear* before the faid Court, at fuch Time and Place as in fuch Warrant or Warrant.', J'recept or Precepts, fhall be directed and appointed •, and to attend there, from Day to Day, until difciiarged by the faid Court -, and all Perfons concerned fhall have their lawful Challenges (but not challenge the Array of the Pannell) againfl any of the faid Jurymen when they come to be Iworn : And the faid Court is hereby autho- rized and impowered, by Precept or Order, from Time to Time, to require the At- tendance of all and every Perlon or Perfons whatever who Oiall be thought neceffaiy to be examined as Witneffes before them, and to examine them on their Oath or Oaths touching and concerning the Premifes : And the faid Court may likewife, if the Jullices prefent ihall think fit, authorize the faid Jury to view the fevcral Lots contained in the faid Square and Water Fronts, in fuch Manner as they fhall dirtd ; and fuch Jury, Witnelfes, and Parties, Ihall attend until all fuch Matters for which they were fummoned Ihall be concluded : And faid Jury, upon their Oaths, fhall enquire of the Value of fuch Lots of Land, with the Appurtenance , which is here- tofore mentioned as necelfary to be purchafed, and of the refpedlive Ellate and In- tereft of every Perfon feized, poffeffed of, or interefled therein, or in any Part thereof-, and fuch Jury fhall affefs the Sum or Sums to be paid to every fuch Perfon or Perfons, for the Purchafe of fuch their Ellate and Intereft which fliall be neceffary to be purchafed : And the faid Court fliall record the Verdicl of tlse Jury, for fuch Sum or Sums of Money fo to be afft-ffed ; which faid Verdidl or Verdifts, and the Judgment, Decree, and Determination thereon, lliall be binding and conclufive, to all Intents and Purpofes whatfoever, as well againfl the King's Majelly, his Htiis and Succeffors, and all and every other Perfon and Perfons, Bodies politick and corporate, claiming any Ellate, Right, Title, Trull, Ufe, or Intereft, in, to, or out of the faid Lots of Land, either in Polfcffion, Reverfion, Remainder, or Ex- peftancy, as well Infants as Iffue unborn, Lunatick, Idiot, and FemeCovtrt, and Perfons under any other legal Incapacity or Difability ; and all other Cejim qu^ Trulls, his, her, and their Heirs, Succeffors, Executors, and Adminillrators, as againfl all other Perfons whomfoever ; and the faid Verdid, Judgment, and Decree, and L A IV 8 of N OK T H -C A RO L J N A. 393. and all other Proceedings of the iaid Court and Jury fo to be made, given, and ^. D. 176J. pronounced as atorefaid, ihall be fairly written on i-'apcr, and fignea and leaied by w--v*— ^ the Cleric ot the Court for the Time being: And luch Judgment, Verdict, and Decree, and other Proceedings as relate to the faid Lots of Land, or the Value of them, as apprailed, fliall be entered, hied, and kept amongll the Records of the faid Inferior Court, and ihall be deemed and taken to be Records, to all Intents and Purpjics whatfocver-, and the fame, or tome Copy thereof, Ihall be deemed and taken to be good and effeitual Eviacnce and Prool, in any Court of Law or Equity whatiocver v and all Pcrfons may have Rccouric to the idint gratis, and take Copies thereof, paying for every Copy, as in Calc ol Copies ot any uther Record ot the laid Court. III. A N D be it further Enatted, by the Authority aforefaid^ Thai fuch Sum cr Vaiu? of L^t? to Sums of iMonc-y lo to be aifcilcd and decreed as aiorclaid, ihall be paid into the v>'i'f\\'r''u}'„ Hands of Samuel Cornell, Eiq; who is hereby authorized and impowcrcd to receive m^n". the fame, and to give a Receipt or Receipts, mentioning and Ipccifying for what Premifes, and for what Ulc the laid Money is received ; which Receipt ur Receipcs fliall be entered on Record, and regiftcred in the Oliice of the Clerk of the faid in- ferior Court of the County of Craven, with the Verdict, Judgment, and Proceed- ificrs to be had as atorelaid ; which laid Sum and Sums oi iMuney Ihall be to the Ule and Benefit ot fuch Perlbn or Perfons as may appear by luch Vcrdift to have anv Right, Title, Interelt, or Claim, in, to, or upon the laid Lots of Land, or • any Part tnercof, according to their refpective Eftates and Interelt therein ; and Ihall by the faid Samuel Cornell, Elq-, be paid to fuch I'crlon or Pcrlons mentioned in fuch Verdift : But if the faid Jury fnall return a Verdict, tiiat any Part of the faid Lots or Water Fronts belong to Perfons unknown, or that the '1 itie is in Uilpute, then, and in luch Cafe, the laid Sum or Sums of JVIoney affclTed as the Value of fUch Lands, whereof the Owner is unknown, or the Titie in Difpute, Ihall, at any Time, by Order of the faid Inferior Court of Craven, be paid to luch Perlbn or Pcrlons as fhall appear to the faid Court to be intitled thereto, according to their reipedtive Claims and Interelt in the laid Premifes : And the laid Inferior Court of D:fputM of Craven is hereDy authorized and impowered, by Petition, in a iuvnmary Way, to he'!"? ^n^" Lou hear and determine all Difputes and Claims ot any Perions interclled in any Part of vj 'edintheCo. fuch Money ; and immediately after luch Receipt and Regiitry as aforefaid, and the "''"""* whole abk)lute Fee-Simple Inheritance and Poifcllion of fuch Lots of Land, and Water Fronts, fo to be valued as atorelaid, fhall, and is hereby declared to vcit in his laid Excellency the Governor, and his Succelfors, to the Lie of himfelf and his SucceflTors, Governors or Commanders in Chief of this Province, for the Purpofes mentioned in the faid recited Aft, as fully and effeftually, to all Intents and Pur- pofes, as if every Perlbn, having any Eftate in the Premilts, had adualiy conveyed the fame by Leafc and Releafe, Bargain and Sale, inrolled Feoffments, with Livery and Seifin, Fine and Recovery, or any other legal Conveyance whatibever : And fuch Valuation, Proceedings, and Payment as aforefaid, Ihall not only bar all Right, Title, Claim, or Demand, of the Perlbn or Perfons having any Eltate in the Pre- mifes, but fliall allb extend to, and be deemed and conftrucd to bar the Dower of the Wi'e or Wives of fuch Perfons -, and all Eltates Tail, or Reverfions or Remain- ders, as effrftually as a Fine or Recovery would do, or would have done, if levied or fuflered by the proper Parties according to Law. rV. A N D be it further Enacled, by the Authority aforefaid. That it fhall and may Vn on offirfrs be lawful for the Inferior Court of Craven Couniy, from Time to I'imc, to impole ^^^^^ ^l\^\ "^ any reaionable Fine, not exceeding Three Pounds, Proclamation Money, on the Sheriff, or his Deputy or Deputies, who fnall make Default in the Premifes, and on any Perfon, who, on being fummoned and returned on any fuch Jury as afore- fud, ihall fail to appear •, and alfo on any Witnefs or Witnefies who fliall not attend, or who fhould refufe to be fworn, or being fworn, fliall refufe to give his^r their Verdifu^ T"""°' of the Lots herein before mentioned to have been made by his faid Excellency, as Part of the Twelve Lots mentioned in the faid Ad, is hereby ratified and confirmed -, and the Poffeffion, and abfolute Fee-Simple and Inheritance of and in the faid Twelve Lots, Streets, and Water Fronts, are hereby declared to be fully vefted in his Excellency IVilliam Tryon, Efq; and his SuccefTors, for the Purpofes and Ufes in the faid Ad mentioned, againli: the Claim of all Perfons whatioever. CHAP. V. ^" ^ch '^ "' "^'^ additional A£l to an Aof^ for ereSling a convenient Building within the Town of Newbern, for the Refidence of the Governor^ or Commander in Chief for the Time being. Preamble. j_ "¥ T 7 H E R E A S the Provifion made in the faid Ad hath been found to be Y Y infulRcient for compleating and finifhing the faid Building and OfRces -, and whereas the Fund out of which the Money granted for building the fame hath proved infufficient : in""tL"Gove.I II- -S-S ^'^ therefore Enacted, by the Governor^ Council, and Affcmbly, and hy the s H^ufd and Authority of the fayne. That the further Sum of Ten Thoufand Pounds, Proclama- tion Money, fhall, and is hereby granted to his Excellency the Governor, for and towards finifhing the faid Edifice and Offices; for raifing and levying whereof, an annual Poll-Tax of Two Shillings and Six Pence, Proclamation Money, fhall he levied on each taxable Perfon in this Province, for and during the Term of Three Years, to be colleded by the Sheriff of each refpedive County, on or before the Firft Day of March in each Year ; the firft Colledion thereof to be made in the Year One Thoufand Seven Hundred and Sixty Nine ; and that all and every Perfon neglediflg to pay the faid Tax, on or before faid Firft Day of March, fhall be liable to fuch Diitrcfs as for non-Payment of other Taxes ; and the Sheriff of each ref- pedive County fl:iall, on or before the Tenth Day of June yearly, pay into the Hands Offices. L A IV S of North-Carolina. ?95 Hands of the Public Treafurer of the Diftrifl, all Aich Sums of Money as each and every of them Ihall receive in Virtue of this Aft, under the fame Rfgulations and Directions, and like Fines and Forfeitures, as are direded and inflidted by other Acbs lor the coHeding of Public Taxes. III. AND be it further Enabled, by the Authority aforefaid^ That a-; foon as the faid Tax fhall be collected, or any Part thereof, the Treafurers, or either of them, fliuU pay to his Excellency the Governor, for the Purpofes aforefaid, the faid Sum of Ten Thoufand Pounds, Proclamatioit Money j and in Cafe of any Surplulage, the fame Ihall be applied for and towards defraying the contingent Charges oi Go- vernment. /f. D. J 768. To be paid to r\\e. SurpSuli'gc ap[ili^ IV. AND whereas there may be Occafion for Money for carrying on and com- pleating the faid Edifice before the faid Tax can be colletted. Be it further Enailed, by the Authority aforefaid^ That in fuch Cafe, it fliall and may be lawful for his Ex- cellency the Governor, and he is hereby requefted, to borrow as much Money as he IhdU think neceffary (not exceeding the faid Sum of Ten Thoufand Pounds, Pro- clamation Money) and to give one or more Receipt or Receipts under his Hand, in Sterling Mjney for the fame, fpecifying the Ufe for which fuch Monty fliall be received ; which Jaid Receipts (hail bear Intereft, at the Rate of Eight /e? Cent, per Annum, and Ihall be paid by the Public Treafurers, or either of them, in Sterling Money, or in Proclamarion Money at the current Exchange, as foon as luHicient of the faid Tax Ihall be received lor that Puipofe. V. PROVIDED always. That no Perfons poflefled of fuch Receipts Ihall receive Intereil thereon for more than Three Y?T of 3p • puintirighhcTitti. No Sheriff, to ferve more than two Years, un» lefs heaccounts. Pen. on Juftices for reccimmend- iog any luch' Sheriff not com- pelled to f.rve more than OiiS Ywr. C H A F. VI. An Act for appciniing Sberijs, and directing their Duty in Office, (a) I. TT7HEREAS the Laws now in Force for appointing Sheriffs, and dircdt- VV '^g ^^^^^ Duty in Office, have been found greatly deiedive ; and there is at prefent no Law whereby thofe who have been invefted with the Power of ap- plying Public Money, or Colkdors of the fame, can be compelled to a fpeedy Exe- cution of the faid Trufts j by Occafion whereof the Public hath been greatly de- frauded, and the Faith thereof much depreciated : For Remedy whereof, II. B E it Enacted, hy the Governor, Council, and AffiemUy, and by the Authority of the far." e. That every Liferior Court of this Government fh'all, annually, between the Firft Day of March and the Firft Day of June, recommend to the Governor, or Commander in Chief of tiiis l:rovince. Three iuch Perlons as they fiiall think nxift fit, being Freeholders ot lufficicnt Circumilances, to execute the Office of Sheiifi~; one of which Perfons lb recommended, Ihall thereupon be commifTioned by the Governor, or Commander in Chief, to execute the Office of Sheriff for that County, for the then next cnfuing Year : But if at any Time any Inferior Court ffiall neglfd or rcfule to make fuch Kecommendation, or if the Perfons fo recommended fhall refufe or negleft to produce a Certificate thereof to the Governor, and apply for a Commiffion thereon, within Six Weeks after fuch Recommendation Ihall be made, or cannot find fufficient Security, in either of thofe Cafes, it fhall and may be law- ful for the Governor, or Commancier in Chief, and he is hereby authorized and required to appoint, and by his Commiffion conltitute any Freeholder of fuch County, having Circumftanccs of Ability as aforcfaid, to be Sheriff' thereof •, or if no Perfon of fufficient Abilities within the faid County ffsall apply for fuch Com- miffion before the next iucceeding Inlerior Court after that in which fuch Recom- mendation ffiall be made as aforelaid, that then it ffiall and may be lawful for the Governor, or Commander in Chief, and he is hereby authorized and impowered, to conftitute and appoint any Perion, of fufficient Abilities and Circumilances, to be Sheriff of fuch County, although fuch Perion may not be a Kefidcnt therein: And if any Sheriff appointed, upon Recommendation as aforefaid, fnall happen to die in the Time of his Sheriffalty, the Governor or Commander in Chief may, and is hereby impowered, to appoint one of the Survivors, recommended with the Perfon decealed, to be Sheriff in his Room; and when any Shif.ff appointed, upon Neg- left of Recommendation, happens to die in Office, any Freeholder, of fufficient Circumflances, may, and ffiall be commiffioned in his Stead. III. AND be it further Enacted, by the Authority aforefaid^ That from and after the paffing of this Ad, no Inferior Court ffiall recommend to the Governor, any Perfon for his Appointment to the Office of Sheriff, who ffiall have ferved Two Years fucceffively in the faid Office, unlels fuch Perfon ffiall produce a Certificate, from the Treafurer of the Diftridt, of his having fully accounted for, and paid all the Public Taxes which he hath, or ought to have received by Virtue of his faid Office : And if any Inferior Court ffiall recommend any fuch Perfon contrary to the true Intent and Meaning of this A6f, each and every Judge or Juftice thereof, who ffiall join in fuch Recommendation, ffiall forfeit and pay Fifty Pounds, Proclama- tion Money, to any Perfon who ffiall fue for the fame \ to be recovered by Adion of Debt, in any Court having Jurifdiftion thereof. IV. jNDbe it further Enacted, hy the Authority aforefaid. That no Perfon ffiall be compellable to ferve as Sheriff longer than One Year, and until the next fucceeding Court after Expiration thereof, and no longer : And every Perfon accept- ing a Sheriff's Commiffion ffiall, before his entering into, or executing his Office, publicly, before his County Court, take the Oaths appointed, or which ffiall be appointed (a) See Adls Nov, 1768, Chap. 7, Dec. 1770, Chap. 6, for amending this A61. L A IV S cf North-Carolina. 397 appointed by A(5t of Parliament, for the Qualification of Public Officers, repeat ^' D. 1768. and fubfcribe the Teft ; and alio take the following Oath, to wir, *— —v-— i* IA.' B. S folemnly /wear, 'That I "jjHI truly and faithfully execute the Office of Sheriff His Oath. of the County of to the hefi of my Knoivledge and Ability^ agreeable to Lazv ; a/id that I will not take, accept, or receive, directly cr indirectly, any Bribe, Gift, Fee, or Reward, whatfoever, for returning any Man to Jerve as a Juror on any Jury, or for making any falfe Return of Procefs to me diretied, during my Continuance in my faid Office: SO HELP ME GOD. And alfo fhall enter into one Bond, before the Juftices of his Inferior Court, with To gWeSond. Two or more good and fufficient Securities, in the Penalty of One Thoufand Pounds Sterling ; with Condition in Form following, to wit, THE Condition of the above Obligation is fuch, That whereas the above Tie Condition. named A, B. is confticuted and appointed Shcr-itf of ihc County of during Pieallire, by a Commiflion from the Governor, under the Seal of this Pro- vince, dated the Day of lail paft : If therefore the faid A. B. fhall well and truly exrcute, and dufe Return make, of all, Procels and Precepts to him dire(^ ed ; and pay and fatisfy all Fees and Sums of Money by him rec.ived, or levied by Virtue ot any fuch Procels, into the proper Office by which the fame, by the Tenor thereof, ought to be paid, or to the Perlbn or Perfons to whom the fame are due, his or their Executors, Adminillrarors, Attornies, or Agents ; and in all other Things well, truly, and faith: uliy execute the faid Office of Sheriff, during his Continuance therein ; then the abjve Obligation to be void, otherwile to remain ia full Force and Virtue. And alfo fhall enter into one other Bond before fuch Court, and with the like Secu- Aifo ar.oths rity, in the Sum o ing Form, to wit. rity, in the Sum of One Thoufand Pounds Sierling ; with a Condition in the loliow- "^ ' i THE Condition of the above Obligation is fuch. That whereas the above bound The condition, A. B. is conftituted and appomted Sheriff of the County of • by Commiffion from the Governoj, under the Seal of the Province, dated the Day of laft paft : It therefore the faid A. B. ffiall well and truly collect and receive all fuch Public Taxes and Dues as are, or which lliali be appointed l^ Adt of Affembly, to be paid by the taxable Perfons within his Bailiwick, during his continuing Sheriff thereof •, and duly account for and pay the fame to fuch Per- fon or Perlons, and at fuch Times, as by Law are or Ihall be limited and diredled ; then the above Obligation to be void and of no Effefl, othervvife to remain in full Force and Virtue. Which faid Bonds and Securities every Inferior Court refpei^lively is hereby impow- Ccurttot.kethe ered and required to demand and take, and caufe to be acknowledged berore them Br'Uh*cf'\hc in open Court, and recorded ; the firft of which faid Bonds fhall be made payable '■• ''''on. «"■*» to his Majefty, his Heirs and Succeffors, and that in the Name of his Majefty and his Succeffirs, any Pcrfon or Perfons injured may and fhall, at his, her, or their proper Cofts and Charges, commence and profecute a Suit or Suits on the faid firft mentioned Bond, againlt the Parties therein bound, their Executors or Adminiffra- tors, and ffiall and may recover all Damages which he, ffie, or they, may have fuf- tained, by Reafon of the Breach of the Condition of fuch Bond : And the faid lalt mentioned Bond ffiall be made payable to the Governor, or Commander in Chief for the Time beina, and his Succeffors -, and that in the Name of the Governor, cr Cominander in Chief, and his Succeffors, the Treafurer of the Diilrid may and ffiall commence and profecute a Suit on fuch lafl mentioned Bond, againfl ti.e Par- tits therein bound, their Executors or Adminiftrators, and ffiall and may recover, for the Ufe of the Public, luch Damages as the Public ffiall or may have fultained by Meana of a Breach ot t::e Condition of fuch Bond. And fuch Bonds Ihall not become 398 LAWS of North-Carolina. ^. D. 1768. become void upon the firft Recovery, or if Judgment fhall be given againft the Plaintiff or Planitiffs who fhall I'ue on fuch Bonds relptdtively, but may be put in Suit, and prolecuted from Time to Time, for the Bentfir ot tlie PubUc in the one Cale, and for the Benefit, and at the proper Cofts and Charges, of any Party in- jured in the other, until the whole Penalty of the B jnd lued fhall be recovered. Verdift for the ShsrifF, Plaintiff to pay Cofti, Sheriff in Office on the Firll of March, to give Bond. Pen nn Perfons appninted Sheriff, lefufing to a£l. And «n t^ fe in Offir-- r.luting to give Bond. V. Provided always. That if any Verdid or Judgment Ihall pafs for fuch Sheriff, or his Securities, the Perfon at whofe Inflance fuch Suit fhall be com- menced, fhall pay fuch Sheriff, or his Securities, their Cofls ; and the Court before which fuch Suit ihall be brought, fhall and may award Execution for the fame. VI. JND he it further EnaSled, That every Sheriff who fhall be in Office on the Firft Day of March next after the paffing of this Aft, fhall at the Firft Court to be held for his County thereafter, enter into fuch Bonds, with Securkies, as by this Aft is direfted to be given by a Perfon accepting the Office of Sheriff, upon Recommendation of the County Court, or otherwife; and if any Perion who fliall hereafter be appointed Sheriff purfuant to this Aft, fhall refufe to accept and execute fuch Commillion to him direfted, he fhall forfeit and pay the Sum ot Ten Pounds, Proclamation Money, to the Ufe of the Public ; to be recovered in the Name of the Governor or Commander in Chief, with Cofts, by the Treafurer of the Diftrift wherein the Perfon fo refufing fhall refide, by Aftion of Debt, Bill, Plaint, or In- formation i and every Sheriff who fhall be in Office on the alorelaid Firft Day of March, that ftiall negleft or retul'e to give Bond, with Security, as herein before direfted, fliall incur the like Penalty, to be recovered in the fame Manner, and to the fame Ufe as aforefaid. Provifo, where they, cannot gi.t Security. A!fi for thofe in Office. VII. PROVIDED neverthelefs. That if any Perfon hereafter appointed to execute the Office of Sheriff of any County in this Province, fhall be wiUing to ex- ecute the fame, but cannot give fufficient Security as by this Aft is required, and fhall make Oath in' the Court of the County for which he fhall be appointed Sheriff, that he hath ufed his beft Endeavours, without Fraud or Collufion, to get fuch Se- curity, that then fuch Perfon fliall not incur the Penalty aforefaid ; any 1 hing herein contained to the contrary notwithftanding. VIII. PROVIDED alfo. That any Sheriff who fliall be in Office on the afore- faid Firft Day of March, and fhall be willing to give fuch Security as aforefaid, and cannot procure the fame, and fhall make Oath thereof in Manner herein before men- tioned, that then fuch Sheriff fhall not be fubjeft to the faid Penalty ; any Thing herein contained to the contrary notwithftanding. Memb. cf Coun- cil exempt from fcrvingas Sheriff, Method of Reeo- ■"try of Public Taxes agiioft Sheiiffs, IX. PROVIDED likewife. That no Member of his Majefty's Council fhall be obliged to execute the Office of Sheriff j any Thing in this Aft contained to the contrary notwithftanding. X. AND he it further Enabled, That if any Sheriff hath neglefted or refufed, or fhall hereafter negleft or refufe, to account for and pay the feveral Public Taxes that have been, or hereafter fhall be impofed on the taxable Perfons of the County of fuch Sheriff, and wherewith he fhall be chargeable according to the Direftions of the Act of Affembly impofing the fame, after deducting the Commiffions allowed him by Law, and the feveral Sums chargeable to Perfons who have no vifible Eftate in his County, it fhall and may be lawful for the Superior Court of the Diftrict wherein fuch Sherifl fhall live, upon Motion of the Treafurer of the Diftrict, to give judg- ment againll fuch Sheriff for all the Money whereof he is or fhall be chargeable, by Virtue of any Act or Acts of Affembly as aforefaid, with Cofts ; and thereupon to award Execution againft the Goods and Chattels, Lands and Tenements, of fuch Sheriff. Provided, That fuch Sheriff have Ten Days previous Notice of fuch Motion. XI. AND L A IV S O/' N O R T H - C A R O L I N A. 399 XL AND be it further EnaSfed, by the Authority aforefaid^ That upon the -^- D- 1768. Trial of any Caufe on the faid laft mentioned Bond, wherein Ilfuc (hall be joined ^^TTT^'^'i n. upon Performance of the Condition thereof, or where a Writ of Enquiry of Da- shentts TrJa. mages iliall be executed upon any Breach of the fame aifigned, or where a Motion ^'Jid'eroMhi.- La fhall be made agtiinfl: the Sheriff as aforetaid, it Ihall be fufficienr, to afcertain the ot T^xibies, Sum wherewith the Sheriff ftands chargeable, for the Treafurer to give in Evidence an atcelled Copy of the Lid of Taxables in the County of the Sheriff lo fued or moved againft-, and fhall recover the whole Taxables contained in fuch Lift, de- duJrling only the Commiffions by Law allowed him, and for fuch Perfons who have no vifible Eftate in his County ; any Law^ Uiage, or Cudom, to the contrary, notvvithftanding. Xn. P RO FIDED always. That if fuch Sheriffs fhall before the Commence- Pffvifn, where ment of fuch Suit, or hearing fuch Motion, have fettled with the Court of his ^v.th I'iH-'com't, County for the County Tax, and obMined an Allowance for fuch Perfons who have '" ^'"^ ^"'^ -"-^t- no vifible Eftate therein, certified by Five Juftices at lead, an atteded Copy of fuch i^ndT '" ■Settlement may aUb be given in Evidence by the Defendant. XIIL AND be it further EnaBed, That the Clerk of each Inferior Court fhall, inferior court on or before the Fird IJay of March, annually, tranfmit to the Treafurer of the fhe'Tr-*f.u/r''a Didrifl whtrein fuch Clerk fhall live, a true Copy of the Lid of Taxables of the luui Tax.bies. faid County, filed with him, alphabetically digefted ; for which Service he fhall be paid by the laid Treafurer the ufual Fee, which fhall be by him charged to the Public in his Account : And every Clerk failing or negledting to perform his Duty Pen.forNesica. herein, fhall, for each Offence, forfeit and pay Twenty Pounds, Proclamation Money ; one Half to the Informer, and the other Half to the Governor or Com- mander in Chief, for the Uie of the Public ; to be recovered by Aftion of Debt, Bill, Plaint, or Information, in any Court ot Record, with Cods ; any Law, Uiage, or Cudorn, to the contrary, notwithftanding. XIV. AND be it further Enabled, by the Authority aforefaid. That every Sherid' ^'^X&\t. 'tn'"!'! himfeif, or by his lawful Officers or Deputies, Ihall, from Time to Time, execute ccute i*.. cfA, cr all Writs and other Procefs to him legally iffued and diredted witliin his County, or ""'""8'^''"'i^'=- i urri' tl till fliall return upon any Writ, that the Defendant is not to be found within his Baili- sheriff L% b^.n wick, uniefs iuch Sheriff Hiall have aftually been at the Houfe or Place of Abode „ o^endjnrs of fuch Defendant: And where any Defendant fhall be a known Inhabitant of any Truth of the other County than thit of the Sheriff to whom Iuch Procefs ihall be diredfed, the n,'nrd ^i.trf oe" Sheriff fhall return the Truth of the Cafe; and thereupon an Alias fliall iffue, di- <'""''"« ' "" '" reAed 19 th.' Sheriff where fuch Defendant rcfides, if the original Procrfs fhall iffue '"""'" '^'""'^• from a Superior Court; atjd no Variance of the Addition of the Place of Abode of the Defendanc fhall be deemed Error or Matter of Abatement : And in Cafe at any Comncr to ?ft Time there fhall be no Perion properly qualified to ad; as Sheriff in any County in this Province, that then it fliali and may be lawful for the Coroner of fuch Countv, and he is hereby required, to execute all Procefs within the fame, until ibme Perfon fiiail be appoinred, and properly qualified, to ad as Sheriff ni the fiiid County ; and fuch Coroner Ihall be under the liime Rules and Regulations, and fubjed to the fame Fines and Forfeitures, as Sheriffs are by Law, in Relation to the executing and returning of any procefs to them direded. XV. PRO- Whcic llO Sll'--!.tf. 400 L A IV S of I>Iorth-Carolina. J. D. 1768. Provifo, to ex- empt Perfons from Procefs. Sheriff's Duty on ferving Executi- oai. XV. PROVIDED always. That it fhall not be lawful for any Sheriff, or other Officer, to execute any Writ or other Procefs upon a Sunday, or upon any Perfon attending his Duty at a Mufter of the Militia, or any Ekdion of Burgefs or BurgefTes, or Veftrymen, or any Perfon funimoned to attend as an Evidence or a Juror -, and all fuch Services of Procefs is hereby declared illegal and void, unlcfs the fame be iffued againft any Perfon or Perfons for Treafon, Felony, Riot, Ref- cous. Breach of Peace, or upon an Efcape out of Prifon or Cuftody ; and fuch Procefs fhall and may be executed at any Time or Place. XVI. AND be it further Ena5fed, by the Authority aforefaid. That from and after the Firft Day of June next, each and every Sheriff within this Province fhall, on levying any Execution for any Debt, Damages, or Cofls, make out, if required, aiBill of his Fees due on fuch A6fion or Suit-, and let down, under the faid Bill, a true Copy of the Clerk's, Attorney's, and other endorfed Fees, feparately and dif- tindly, and give a Receipt for the fame to the Party againft whom fuch Execution Ihall iffue, and alfo fhall endorfe the Amount of his own Fees he fhall fo take on fuch Execution, to be entered by the Clerk on the Execution Docket ; for which Copy the faid Sheriff may demand and receive One Shilling of the Perfon requeflincr the fame : And if any Sheriff or other Officer, impowered to levy any Extcution, fhall fail fo to do, fuch Sheriff or other Officer fhall forfeit and pay Ten Pounds, Proclamation Money, to any Perfon who will fue for the fame. To take PaU- Bonds payable to thfrnlelves, dif- cliaigealilc ' n Prifoner's Ap- pearance, Ti) taks no other F.'e for Pulilic Servici^siban joi. Uniiilifted Tax. alil-s t' hi ac- counted for. GofiHs and Chat- tels mav he Hif. trained f,,r Pay. ment of Taxss. Method of Sale, XVII. AND be it further Enacted^ by the Authority aforefaid. That it fhall not be lawful for any Sherifl^', or his Ofhcer or Deputy, to take any Obligation of or from any Perfon or Perfons in his Cuflody, for or concerning any Matter or Thing relating to his Office, otherwife payable than to himfelf as Sheriff, and dif- chargeable upon the Prifoner's Appearance, and rendering himfelf at the Day and Place required in the Writ whereupon he v^as, or fhall be taken or arrefted (and his Securities difcharging themfelves therefrom as fpecial Bail of fuch Prifoner) or fuch Perfon or Perfons keeping within the Limits and Rules of any Prifon •, and every other Obligation taken by any Sheriff in other Manner or Form by Colour of his Office, fhall be null and void, except in any fpecial Cafe any other Obligation is, or ffiall be by I,aw particularly and exprefsly diredted : And that no Sheriff fhall demand, exaft, take, or receive, any greater Fee or Reward whatfoever ; nor fhall have any Allowance, Reward, or Satisfa6i;ion, from the Public, for any Service by him done, other than the Sum of Ten Pounds, Proclamation Money, for ex-cffuio Services, and the Allowances given and provided, or which fhall be from Time to Time given amd provided by Law. XVIII. AND whereas Sheriffs, and other Collectors of Taxes, have difcovered fome Taxables not inlifled, and have demanded and received the Taxes from them, and retained the fame to their own Ufe ; Be it therefore EnaSled, by the Authority aforefaid. That all Sheriffs and Colleftors fhall hereafter account, on Oath, for all fuch Taxes by them received, to the refpedtive Treafurers, Inferior Courts, or Veflnes, as the Cafe may be, which fhall be applied to the Ule of the Public, County, or Parifh refpedlively. XIX. AND be it further Enabled, That where any Perfon or Perfons, charge- able with any Public or County Taxes, fbiall not difcharge the fame on or before the Tenth Day of March in each Year, it fhall be lawful for the Sheriff to diflrain any of the Slaves, Goods and Chattels, belonging to, or in the Polfeffion of, the Perfon owing or chargeable with fuch Taxes ; and if the Owner thereof ffiall nor, within Five Days after fuch Diftrefs, pay and fatisfy the Taxes due, fuch Sheriff fhall and may lawfully fell, by Auftion, the Slaves, Goods and Chattels, diflrained, or fo much thereof as ffiall be fufficient to fatisfy the faid Taxes, and the Charges of Diftrefs and Sale, but ffiall give Notice of the Day and Place of the Sale, at the Court-Houfe of the County vv'htrein fuch Diftrefs ffiall be made, by fetting up an Advertifement thereof; which Sale fhall not be in lefs than Three, nor more than Ten LAWS o/'North-Carolina. 40 i Ten Days after Notice fo given ; and {hall be good and effedual in Law againfc all /*'. D. 1768. ian-1 every Perlbn and JPerlbns whatloever, claiming or pretending to claim any Riohc, ^— -V-*^ I'uk', or Intereit, in or to any of the faid Slaves, Goods, or Chatties. XX. AND be it further Enacted^ by the Authority afore/aid. That where the ,;(,■ ^^ Sheriff of any County Ihall be removed from his Oflice, or his Time of Service hirr.wcrTf coi. therein lliall expire, before he Ihall have compleated his Colledion of Public, 'j^furfucd ^ "'' County, and Parilh Taxes, his Power of collecting fuch Taxes, and making Dif- trcls for the fame, (hall continue as fully as if he had not been removed from his faid Office of Sheriff, or his Time therein had not expired ; and where any Sheriff ihall die before he hath finilhed his Collcftion, his Executors or Adminiftrators fhall, and are hereby invefted with the like Power and Authority to compleat and finiih the Colleilion of Public, County, and Parilh Taxes, as the Teftator or Inteltate had, or was intitled to ; and to fettle and account for the fame, in the like Manner, and under the fame Regulations and Rcitrictions, as the Teftator or Inteftate would have been fubject to, had he lived to finifh his Colledion, and fettle for the fame. XXI. AND whereas it hath fo happened, that many Perfons who heretofore '''''. ''""'p'^te have aded in the Office of Sheriff, have not tully compleated the Colledion of luhu^°'',emr.d Public, County, and Pariih Taxes, in their refpedive Counties ; Be it therefore fur- ^^"'" 'i^^'f "*- ther Enas.'ed, by the Authority aforejaid. That it Ihall and may be lawtul for fuch Perfons, whole Time of Sheriffalty hath expired, and who have not tuily finilhed the Colledion of fuch Public, County, and Parilh Taxes, as by Law required, to continue to colled and make Diftrefs tor the lame, in the lame Manner as iuch She- Tiff mio-ht or could have done, had the Time of their Continuance in Office not ex- pired j any Law, Cullom, or Ufage, to the contrary notwithfranding. XXII. PROVIDED always^ That no Sxheriff fhall, at any Time, make or ^rov-.h, to pre- take unreafonable Diftrefs, or fcize the Slave or Slaves of any Perlbn for any Public "Cwn-Z'X""'" or County Taxes, or for Officers Fees, if other fufficient Diitreis can be had ; upon Penalty of being liable to the Adion of the Party grieved, grounded upon this Adi, wherein the Plaintiff fnall recover full Cofts, although the Damages given do not exceed Twenty Five Shillings, Proclamation Money. XXIII. AND be it further Ena5fed, by the Authority aforefaid. That if any Per- Proceed;^?, in fon committed, rendered, or charged in Execution, or upon JVIefne Prccefs, to any ^rclping.^"^"""' Prifon, fhall thence efcape, it ihall and may be lawful to and for any Juftice of the ^eace of the County where fuch Prifoner was in Cuftody, upon Oath of fuch Efcape made before him by the Sheriff, Under-Sheriff, or Gaoler, or other credible Perfon, to arant to any Pe>fon demanding the fame one or more Warrant or Warrants, under his Hand and Seal, direded to all Sheriffs, Bailiffs, and Conftables, within this Province, reciting the Caufe of fuch Perfons Commitment, and the Time of his or her E''"cape, and commanding them, and every of them, in their refpedive Counties and Precinds, to feize and retake fuch Prifoner fo efcaped, or going at larore ; and being fo taken, forthwith to convey to the Prifon where Debtors are ufually kept, in the County where fuch Retaking fhall be, there to be kept in fafe Cuftody, until he or fhe be thence difcharged by due Courfe of Law ; which War- rant the Sheriff is htrcby required to obey, and receive the Prifoner into his fafe Cuftody, and to give a Note to the Perfon or Perfons delivering him, her, or them^ certifying his Receipt of fuch Prifoner -, and fnall alfo make Return of the Execution of fuch Warrant to the Court of the County where fuch Prifoner efcaped •, and if he or fhe was there in Cuftody, charged in Execution, then the faid Sheriff (hall fafely keep him or her without Bail or-Mainprize, until he or (he (hall have made full Pay- ment and Satisfadion to the Plaintiff or Plaintiffs, Creditor or Creditors, in whofe Name fuch Execution was iflued out, or until the Judgment or Judgments obtained againft him or her ihall be reverfed or diibharged by due Courfe of Law : And if any iuch Prilbner fhall have been in Cuftody upon Mefne Procefs in any Adion of Debt, or upon the Caic, the Slieriff to whom he or fne iliall be fo committed, fhall, E e e in 402 LAWS of North-Carolina. A. D. 1768. in like Manner, keep fuch Prifoncr in his fafe Cuftody, and make Return of the Ex- *— -^r'"*rf ecution of the Warrant by which he or fhe was retaken, to the Court of the County wherein he or fhe was firit arrefted ; and thereupon it fhall be lawful for the faid Court, upon the Plaintiff's filing his Declaration, and entering the Defendant's Ap- pearance, to proceed to give Judgment thereon, in the fame Manner as if the De- fendant had appeared in Court and refuled to plead, unlefs fuch Defendant fhall caule fpecial Bail to be entered in the faid Court, and Ihall immediately plead to Iffuei and thereupon a Certificate, under the Hand of the Clerk of the laid Court, that fuch Bail is ^iven, and delivered to the Sheriff in whofe Cuftody fuch Defendant Ihall then be it ftiall be lawful for him to fet at large fuch Prifoner, and not otherwife : But where any Prilbner efcaped, and retaken upon fuch Warrant as aforefaid, fhall thereafter be charged with Treafon, Felony, or other capital Crime, in Behalf of his Majefty, or his Succeffors, for which he or fhe ought to be tried in one of the Superior Courts of this Province, and fhall be for fuch Caufe removed to any Gaol of fuch Court, every fuch Prifoncr fliall be charged in fuch Gaol with all the Caufes wherewith he or fhe ftood charged in the Gaol from whence he or fhe efcaped, or was removed, until he or fhe be thence delivered by due Courfe of Law ; any Law, Ufage, or Cuftom, to the contrary, notwithftanding. VLtmtij againft XXIV, AN D he it further Enacted, hy the Authority aforefaid^ That If any She- S'to py'Mo- riff or other Officer hath made, or fhall make any Return upon any Writ o{ Fieri nies by them re- Padds^ OX Venditioni Exponas^ that he hath levied the Debt, Damages, end Cofls, of^In5'pr"ecTp""o or Fce's, as in iuch Writ required, or any Part thereof-, and hath not, or fhall not them direfltd ; j-j^g j-^j^g 5nto thc ptopcr Office, or to the Party to whom the fame is payable, or^fuffering Ef- ^^ ^^.^ Attorney, at the Return of fuch Writ ; or hath, or fhall return upon any Writ of Capias ad Satisfaciendum, or Attachment, for not performing a Decree in Chancery, for the Payment ot any Sum of Money, or other Matter, that he hath taken the' Body or Bodies of any Defendant or Defendants, and hath the lame ready to fatisfy the Money, or other Matter in fuch Writ mentioned, and fliall have adu- ally received the Money, or other Matter, from the Defendant or Defendants, or any Part thereof; or fuffcred him, her, or them, to efcape, with Confent of fuch Sheriff or Officer-, and hath not, or Ihall not pay the fame into the proper Office, or to the Party to whom the fame is payable, or his Attorney ; that then, and in cither of the faid Cafes, it fhall and may be lawful for the Creditor, at whofe Suit of Fieri Facias Venditioni Exponas, Capias ad Satisfaciendum, or Attachment, hath, or fliall iffue, upon Motion made in the Court from whence fuch Writ iffued, or in the Superior Court of the Diftridl wherein fuch Sheriff fhall refide, to demand Judg- ment againft fuch Sheriff, or other Officer, for the Money, or other Matter, men- tioned in fuch Writ ; and fuch Court is hereby authorized and required to give Judgment accordingly for the fame, with Cofts, and to award Execution againft the Goods and Chattels, Lands and Tenements, of fuch Sheriff, provided fuch Sheriff have Ten Days previous Notice of fuch Motion : And where it fhall fo happen that the Time of any Perfon's Sheriffalty ffiall be expired, or he fhall be removed from his Office, before fuch Motion made by the Creditor or Creditors, the fame Re- medy, Proceedings, and Relief, fhall and may be had againft him, as if fuch Perfon was adualTy in Office ; any Thing herein contained, to the contrary, not- withftanding. Method of Re- XXV AND be it further Enacted, by the Authority aforefaid. That where :Spi: ^^ any Sheriff fhall have taken the Body of any Debtor in Execution, and fiiall wilfully the Plaintiff or „/nealicTently fuffer fuch Debtor to efcape, and fuch Sheriff, or Perfon luing out shenflf deliver to their CiHittsfuch ftated Accounts , XXX. AND be it further Ena5fed^ That in both the aforefaid Cafe?, the Moi^ey when recovered and received, fhall be applied and laid out to and for the feveral refpedive Ufes and Intents to which the fame is, or fhall be by Law direftcd to be applied, or as the General Affembly fhall order and appoint, (a) XXXII. AND whereas many Sheriffs of this Province have heretofore applied to their own private Ufes, or otherwife embezzled confiderable Sums of the Public Monev, in Hopes of replacing the fame when called for, and by Reafon thereof have been rendered unable to come to any regular Account with the Public Trea- furers v;ithin the Time appointed by Law, to the great and manifeil Prejudice of the Public Interell, of their Securities, and of their own Eilates : For Remedy whereof, and to the End that the Public Money coUeded from the People may be faithfully applied and appropriated to the feveral Puipofes for which it was intend- ed ; Be it Enabled, by the /iuthority aforefaid. That fronr and after the lafl Day of December, in the Year of our Lord One Thoufand Seven Hundred and Sixty Eight, all Sheriffs, and other CoUedors of Public Taxes in this Province, fhall annually exhibit and deliver into the Firll Court to be held for their refpedive Counties after the Firft Day of January, in each Year, a regular and fair ftated Account, figned or attefted by the Public Treafurer of the Diftrid, afcertaining the Amount of what Public Money each of them refpedively had received for the Year preceeding, to- gether with the Amount of what each of them had paid or difburfed, and the Ba- lance (if any there be) due by them •, which flated and figned Account fhall be forthwith entered on the Record or Minutes of that Court to which it is exhibited by the Clerk of fuch Courts refpedively, who for his Trouble therein fhall be in- titled to a Fee of Five Shillings, Proclamation Money, and every Sheriff, or other CoUedor of the Public Taxes, who fhall fail or negledf to obtain, exhibit, and de- liver, fuch ftated and figned Account, or to have the fame put upon the Minutes of the Court at the refpedive Times, and according to the Diredions by this Ad prelcribed, fhall forfeit all fuch Commiffions as he or they Ihould by the Laws of this Province be intitled to, as Colledcrs of the Public Taxes for the preceeding Year ; and after fuch Failure or Negled, it fliall not be lawful for the Public Treafurers to allow of fuch CommiiTions to the Party negleding j any Law, Ufage, or Cuftom, to the contrary, notwithftanding. XXXIII. AND be it further EvaEled, That from and after the pafTing of this Ad, all Sheriffs, and other Colledors of the Public Taxes, who fliall be fufpended or removed from their Offices otherwife than by Death, fliall immediately after their Succeffors in Office are qualified, obtain from the Treafurer of the Diftrid a regular, fair, and ftated Account, figned or attefted by fuch Treafurer, afcertaining the Amount of all the Public Money by fuch Sheriff or Colledor refpedively received or colleded during the Time he was in Oflice, together with all the Payments by fuch Sheriff or Colledor refpedively made or dlftDurfed, and the Balance due ; which ftated and figned Account Ihall, by all Sherifts and Coikdors refpedively, be likewife exhibited and delivered into the Courts of their refpedive Counties, to be held immediately after their Succefibrs is commiffioned and qualified, and forth- with entered upon the Records or Minutes of the faid Court in Manner herein be- fore prefciibed ; and every Sheriff or other Colledor, fo removed or fuperfeded, who (a) The 3iftScaion, relative to the Time of fettling Sheriffs Accouats, repealed, and provided for, by Ad Nov. 176S, Chap. 7. LAWS of North-Carolina. 405 who {hail fail or negleft to obtain, exhibit, and deliver fuch ftated and figned Ac- '^- ^- »768. count, or to have the fanae put upon the Records or Minutes of the Court, at the *— "V*— ^ refpeitive Times, and according to the Diredion by this A61 prefcribed, fliall for- feit all fuch Commiffions as he or they fhould by the Laws of this Province be in- tided to, as Collector of Public Taxes, from the laft Settlement of Account between the Public Treafurers and them refpeCtively, and after fuch Failure or Negleft, ic IhiU not be lawful for the Public Trealurers to allow of fuch Commiffions. XXXIV. AND be it further Enacted, by the Authority aforefaid. That from ^'"'',', '"J,^^""!"* and after the pafling of this Aft, the Ckrk of each and every Inferior Court of this vemor futh ac Province (hall, within Forty Days next after recording the feveral ftated Accounts '°"""' between the Treafurers and the SherilFs, and other Colledors of tlie Public Taxes by this Ad direded, tranfmit to the Governor, or Comm.,nder in Chief lor the Time being, an atcefted Copy of all fuch ftated and figned Accounts, under the Penalty of Five Pounds, Proclamation Money, to be applied for the Purpofes by this Ad direded, and recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record, brought in the Name of the Governor for the Time being-, wherein no Elfoin, Protection, or Wager of Law, fliall be allowed or admitted. Ni') Member of AfT^mb'y to att as Sher iff. XXXV. AND be it further Enacted, by the Authority aforefaid^ That from and after the paffing of this Act, no Perfon duly elected and chofen a Reprelentative for any Counry or Town within this Province, to fit and vote in the General Af- fembly, Ihall, during his continuing a Reprefentative thereof, be commiftioned to act as Sheriff in or for any County within the fame. XXXVI. AND be it further Enabled, by the Authority aforefaid. That all and RepeaiingChufe. every Act and Acts of AfPembly relating to, or concerning Sheriffs, are hereby re- pealed and made void. C H A F. VII. An Aol to appoint a Public Treafurer of the Northern Dijlri5f, and other Purpofes. \. W 7 HERE AS by an Act of General Affembly, paffed at Wilmington, in the Preamble.- yY Fifth Year of his prcfent Majefty's Reigh, intituled. An Act J or appointing Public "freafurers, JofeuhMontfort, Efq-, was appointed PublicTreafurer for the North- ern Diftnct, which faid Act is now near expiring : And vs^hereas by another Act of Affembly, paff:^d at Newbern, in the Seventh Year of his Majefty's Reign, intituled. An Ail for appointing a Public Treafurer, in the Room of ]o\\n Starkey, Efq^; deceafed, John Afhe, Efq-, was thereby appointed public Treafurer for the Southern Dift-rict, in the Room of the faid John Starkey, Efq-, deceafed; which faid Act was to be and continue in Force, for and during the Term of Three Years, and from thence to tiie End of the next Seffion of Affembly ; and it being thought convenie-nt, that all Acts heretofore made in Relation to the Appointment of public Treafurers, and di- recting their Duty in Office, Hiould be reduced to, and comprized in one diftinct Act: II. B E it therefore Enacted, by the Governor, Council, and Affembly, and by the RepeaiinECUufe. Authority of the fame. That the faid Acts, and all and every other Act and Acts of Affembly, and every Claufe of any Act or Acts of Affembly, heretofore made with- in the Purview and Meaning of this Act, Ihall be, and are hereby repealed. III. AN D be it further EnaEied, by the Authority aforefaid, ThzX. J ofeph Mont- fort, Efq-, be, and is hereby appointed public Treafurer for the Counties of Curri- tuck, Paftiuctank, Perquimans, Chowan, Bertie, Tyrrel, Northampton, Edgcomb, Gran- ville, Orange, Hertford, Bute, and Halifax; and that John Afhe, Efq; be, and is hereby appointed public Treafurer for the Counties of Anfon, Beaufort, Bladen, Lrunfwick, Cumberland, Craven, Carteret, Duplin, Dobbs, Hyde, Johnflon, Mecklen- burg, T'eafureis pointed. 4o6 LAWS of North-Carolina. To give Bjnd, TreafurTs to re- ceive I'ublic Mo- Treafurers ioviance. Al- Sheriffa Bv>nd': to be Indeeii with she Tisafurtis. A. D. 1768. burg, New-Hanover, Onflow, Pitt, and Rowan', which faid Treafurers ftiall, im- mediately after the Ratification of this Act, give Bonds rtfpectively, with good and fufficient Securities to our Sovereign Lord the King, his Heirs and Succeflbrs, in the Sum of Ten Thoufand Pounds lawful Money of Great-Britain, each, with Condition that he will diligently and faithfully collect from the refpective Sheriffs, Receivers, and Collectors of Duties, and other Perfons charged with public Monies within his faid Diftrict ; and well and truly account for, and pay to the General Affembly of this Province when thereto required, all public Monies which he now hath, or hereafter Ihall receive, and for the faithful and regular difcharge of the Duties of his faid Office ; which Bond fhall be lodged in the Secretary's Office, and in Cafe of Breach of the Condition thereof, may be recovered in any Court of Law in this Province, having Cognizance thereof. IV. AND he it further EnaSfed, hy the Authority aforefaid. That the faid Trea- furers, and each of them is, and are hereby impowered, authorized, and required, to receive all public Monies and Taxes payable m the feveral Counties within their refpective Diftricts, and the Sheriff of each of the faid Counties, and other Collectors and Receivers of public Monies within any of the faid Counties, are hereby directed and required, on or before the Tenth Day of June Yearly, to account with, upon Oath, and pay into the Hands of the Treafurer of his refpective Diftrict, all publfc Monies which the faid Treafurers, or either of them, are by Law impowered and required to receive. V. AND be it further Enacted, by the Authority aforefaid. That an Allowance of Five ^^r Cent, fhall be made to the laid Treaiurers, on all Monies by them re- fpectively received, accounted for, and paid into the General Affembly as aforeiaid. VI. AND he it further Enacted, hy the Authority aforefaid. That the Clerk of each County in this Province, fhall, within Six Months after the Ratification of this Act, lodge with the pubhc Treafurer of the Diftrict wherein fuch County lies, all and every Bond now in his Poffeffion, heretofore given by any prefent or former Sheriff of the faid County, for the well and truly collecting, and duly accounting for, and paying the public Taxes of fuch County •, and the faid Clerk fhall alfo lodge with the faid Treafurer, all fuch Bonds as fhall at any Time hereafter be entered into, and given by any fucceeding Sheriff of his County for the Purpofes aforefaid, within Nine Months after the Time of executing fuch Bond or Bonds, the faid Clerk firft recording fuch Bond or Bonds at large, among the Records of his Court, an atiefted Copy whereof, under the Hand of the faid Clerk, in Cafe of the Lofs of the original Bond, and due Proof thereof made, fhall be as good and valid in any Court of Law in this Province, againft any fuch Sheriff and his Secu- rities, their, or either of their Heirs, Executors or Adminiftrators, as if the origi- nal Bond was there to be produced ; and if any Clerk fhall fail or neglect to record fuch Bond or Bonds, and lodge the fame with the Treafurer of his Diftrift within the Time afore-limited, fuch Clerk fliall be liable to a Sufpenfion from his OfEce, on due Proof thereof made to the inferior Court whereol he is Clerk •, and fuch Sheriff ihall pay to the Clerk the accuftomed Fees for recording the fame. VII. AND he it further EnaMed, hy the Authority aforefaid. That the faid Treafurers are hereby authorized, impowered, and required, to fue and profecute all fuch SheritTs, Receivers of Duties, and other Perlons, and the Security or Se- curities of any fuch Perfons, their, or either of their Fleirs, Executors, or Admi- niftrators, who heretofore have received, or fliail hereafter receive any public Mo- nies, and have, or ftiall negledl to account for, fatisfy and pay the fame : And in Cafe of Neglcft or Failure of either of the faid Treafurers to commence Suit againft, or otherwife profecute any Sheriff, or other Perfon now in Arrear to the Public, within Six Months after the Ratification ot this Act, and Receipt of fuch Bond fo received as aforefaid, or thofe hereafter falling in Arrear to the Public, within Six Months after the Time by Law appointed for collecting of, accounting for, and paying Treafurers oblig- ed to fue PilfudS neglefting to p.iy Public Monica in their Hanss. L A IV S of North-Carolina. 407 paying of Public Taxes and other Duties, and Receipt of fuch Bond or Bonds fo ^- D. 1768. to be received as afore directed, within the Time hereby limited and directed for commencing Suit againft fuch delinquent Sheriff, and other Receivers of Public Monies, and their Securities -, that then, and in fuch Cafe, the faid Treafurer Ihall be liable to, and ftand chargeable with, all Arrearages due the Public from faid Sherifi", and other Receivers of Public Money within his refpedive Diftrift. Accounts with Sher.fts, to be infiiedtcd by the Governor, VIII. jiND he it further Ena5fed, by the Authority aforefaid^ That the Public To keep regular Trealurers in this Province fhall keep an Account with the feveral Counties of their refpeftive Diftrid, and therein debit the Sheriff for the Year, with the Number of Taxables, as per Lift returned by the Clerk, and give fuch Sheriff' Credit for all Infolvents allowed by the Inferior Court agreeable to Law, and alfo for the feveral Sums he ftiall receive from fuch Sheriff; which Accounts, and all others relative to the Receipt and Dilburfement of Public Monies, fhall at all Times be open for the Infpeftion and Perufal of the Governor, or Commander in Chief for the Time be- ing ; and fhall, by the Public Treafurer of each Diftridl, together with the Number of Taxables for each County, be laid before the General Affembly for their Exami- nation, Approbation, and Allowance ; and that the Governor, or Commander in Chief for the Time being, may be the more readily informed of the State of the Public Accounts, the Treafurer of each Diftrid fhall tranfmit to him fuch Tranf- cripts or Information as he fhall from Time to Time require. IX. AND be it further Enacted^ ly the Authority aforefaid^ That this Aft fhall be and continue in Force for and during the Term of Five Years, from and after the paffmg thereof, and from thence to the End of the then next Seffion of Affembly, and no longer. Continuance of ths Aft. CHAP. VIII. An A51 for regulating Ordinaries^ and Refiraint of "Tippling Houfes. ^ H E R E A S the Laws now in Force have been found ineffedual fc due Regulation of Ordinaries, and Reftraint of Tippling Houfes j II. B E it therefore Enacted^ by the Governor, Council, and AJfembly, and by the i-wanner of cb. Authority of the fame. That every Perfon defirous of fetting up, or keeping an Or- «a''""S3Lkenc8i dinary, or Houle of Public Entertainment, fhall exhibit a Petition to the Inferior Court of that County wherein fuch Ordinary, or Houie of Public Entertainment, is intended to be kept, for obtaining a Licence for keeping the fame ; and the Juf- tices of the Court to whom fuch Petition fhall be exhibited fhall thereupon confider the Convenience of the Place propofed, and the Ability of the Petitioner, to keep good and fulHcient Houks, Lodging, and Entertainment for Travellers, their Ser- vants and Horles ; and if fuch Petition fhall appear reafonable, and the Perfon pe- titioning be thought to be of good Charadler, and fufhcient Abilities, fuch Court is hereby authorized and impowered to grant the Petitioner fuch Licence, he firft, with one or more fufficient Sureties, entering into Bond of the following Tenor, to wit, NOW all Men, by thefe Prefents, That w? A. B. and CD. are held and firmly Bond to be giveai bound unto the Governor and Commander in Chief in and over the Province of North Carolina, in the Sum of Pounds, Proclamation Money, to be paid to the faid or his Succeffors, Governors, or Commanders in Chief fcr the Time being. To which Payment -xell and truly to be made, we hind ourfelves, and every of us, our and every of our Heirs, Executors, or Adminiftrators, jointly and feverally, by thefe Prefents. Sealed with our Seals, and dated this Day of THE Condition of .his Obligation is fuch, that whereas the above bounden A. B: hath obtained a Licence to keep an Ordinary at in the County The Conditi««, 408 LAWS of NORTH-C AROL I N A. A. D. 1768. County of if therefore the faid J. B. doth conftantly find and provide *— ''v— — ' in his or her faid Ordinary good, wholefome, and cleanly Lodging and Diet for Travellers, and Stabling, Fodder, Hay, Corn, Oats, or Pafturage, as the Seafon Ihall require, for their Horfes, lor and during the Term of One Year, or to the Court of faid County next fucceeding, between the Firft Day of March and the Tenth Day of June^ from the Day of and ihall not fuffer or permit any unlawful Gaming in his or her Houfe, nor on the Sabbath Day fuffer any Perfon to tipple or drink any more than is neceflary ; then this Obli- gation to be void, otherv/ife to remain in full Force and Virtue. In Witnefs whereof, Wh-ch, m Cafe And in Cafe of the Breach of, or not complying with the Condition of the faid be fllif'' ""'^ Hond, it ihall and may be lawful for any Perlon, m the Name of the Governor, or Commander in Chief for the Time being, to fue for, and recover the Penalty of the faid Bond •, and apply one Half thereof to his own Ufe, and the other Half to the Ufe of the PariQi wherein the Cauie of Adion Ihall arife. Clerk to g-Tc cut III. JND he it further Enacted^ by the Authority afore/aid^ That when fucK '''"'""'■■ Order ^^^"^ ^"lair have been given and lodged in the Clerk's Office, the Clerk of fuch of thc'c'^lerrion Court fhall prepare a Licence for the Perfon to whom ordered ; which Licence fhall by the Clerk be counterfigned, and direded by a Perfon to be thereto commiffioned and appoiitted by the Governor, or Commander in Chief for the Time being. IV. PROVIDED alivaySt That if the Governor, or Commander in Chiefj x'T 'govU't Ihall fail or negled to appomt a Perfon lor that Purpole, that then the firft Juftice ncii.as. -^^ j.j^g Commiliion of the Peace for that County, is hereby impowered, authorized, and required, to counterfign and diredt the fame -, which Licence Ihall continue in Force One Year, or to the next Inferior Court to be held in faid County between , the Firft Day of March and the Tenth Day of "June •, for which Twenty Shillings ckirL-i jfee. ftiall bc paid to the Governor, or Commander m Chief for the Time being •, and the Clerk (hall receive to his own Ufe, for the Licence, Order of Court, and Bond^ Five Shillings. Pen for Weeping V. AND be it further EnaHed, by the Authority afcrefaid. That no Perfon (hall Tppi.ns H.uia.. pj-gi^f^g j-q ^.^ep a Tippling lioule, or retail Liquors, or fell by Retail, any Wine, Ale, Beer, Cyder, Brandy, Rum, or other Spirits, or any Mixture of luch Liquors, in any Houfe, Booth, Arbour, Stall, or other Place whatfoever, without Licence firft had and obtained as aibrefaid, in fmaller Quantities than by this Aft permitted and direfted ; under the Penalty of forfeiting, for each and every Offence, Ten Pounds, Proclamation Money. Provifofr Mer- VI. PROVIDED oltioays^ That nothing herein contained Ihall be conftrued, Mtrchan s. deemed, or taken, to prohibit or reftrain any Merchant, or other Perfon, to fell by Retail, Wine, Brandy, Rum, or other Spirits, in any Qiiantity not lefs than a Quart, or Ale, Beer, or Cyder, in any Quantity not lefs than a Gallon, if none of the faid Liquors are allowed to be tippled or drank out at the Houfe, Store, or Plantation, where the fame are fold. "en. fr f.mng VII. A N D be it further EnaSfed, by the Authority af ore faid. That all PerfoftS bv unfeaisd Mea- j^^^eafter retailing Liquors, (hall fell the fame by lealed Meafures, according to the Direftions of an Aft of AiTembly, intituled, An A£i for regulating IVeights and Mea- fures ; and any Perfon felling or retailing by any other Meafures, (hall for every Of- fence forfeit and pay Ten Pounds, Proclamation Money. Pr-v^fo, to f.ii VIII. PRO VI D E D always. That it (hall and may be lawful for any Ordinary in B.uies, fcc. j^e^p^r^ licenced agreeable to the Direftions of this Aft, to fell Liquors in Bottles, Bowls, or Muo;s, fo as they charge for no more than the Qiiantity of Liquor the faid VefTel (liall contain. A IX. AND L A iV S of Nokth-Carolina. 409 IX. 1'i.n for fufFcring D:unkennt(s on ihe Sabbath, or felling Liquor ro Sjilcir!, beivants, ut i^laves. ^.^. A N D be it further Enacted, by the Authority aforefaid. That if any Or- A. D. 1768. dinary Keeper fhall fell to any Perlbn in his or her Houle immoderate Quantities of ftrong L'.qu jrs, whereby iuch Ferfon may be intoxicated, on the Suboath Day j or encercai.i Servants or Slaves, againit the Will of their Malter or Miftrefs ; or common Sailors, againll the Direction of the Captain or Malter of the Vcflcl to which they belong-, every Ordinary Keeper lo ohcnding Ihall and may, by Order ot Two Jutlices before whom (uch Oifence Ihall be proved, be from thenceforth fufpended, and as entirely difabled irom keeping an Ordinarj^ 3s '\i lienor Ihc had never obtained a Licence for that Purpofe. ,?,-, . yor-r X. P ROVI D ED 7ievsrthelefs, That fuch Ordinary Keeper may be heard by Frov;f>. forOr. the JuiVices at the next Court, or any fucceeding Interior Court of the County ^ n=/>^K.etpers w wherein the Licence was granted ; wlio, if they think proper, may reltore fuch Ordinary Keeper, by granting him a new Licence. P?n. for felling L'.qii T after Sul- peiili jn« Cniiifs to rat* L (juors, & Ratti ti. I)e kept up ini Taverns, Clerks Kates. Fee fof XI. AND be it further Ena5led^ by the Authority aforefaid. That if any Perfon #hich, after being iufpended and dilabied Irom keeping an Ordinary, according to the Direflions of th's Adt, fhall lell or retail Liquors, until he or Ihe Ihall obcain anotner Licence tor fuch Furpole, fliall be liable to the tame i''enalties as if a Li- cence had never been granted to him or her. XII. AND belt further Enabled, by the Authority aforefaid. That the Juflices of each County fhall, at the Court to be held ior each rclpettivc County, between the Firft Day of March and the Tenth Day of June, annually (at which Coun all Ordinary Licences are hereby diredled and required to be renewed, if intended to be renewed or continued) Ihall let the Rates and Prices to be paid at Ordinaries for Liquors, Diet, Lodging, Corn, Oats, Provender, Stciblage, Fodder, and Pallurage, Under the Penalty ot lorleiting Five Ps>unds for each Neglcdt ; and every Ordinary Keeper fhall, within One Month after the Rates fliall be fet by the County Court where his or her Licence fhall be granted, obtain of the Clerk a true and fair Copy of iuch Rates, ior which ihe Clerks may take Two Shillings and Six Pence, Pro- clamation Money, and no more; which Copy fhall be oprnly fet up in fome con- venient Place in the common entertaining Room of fuch Ordinary, and there kept till the Rates are again let by the L ourt, and then another Copy thereof fhall be again fo obtained, and kept irom Time to Time, under the Penalty of forfeiting for each Negiecl, in obtaining and keeping \ct up fuch Cx)py, Five Pounds, Pro- clamation Money. XIII. AND be it further Enacted, by the Authority cforefaid. That every Or- p^"- f-"- f="'"R dinary Keeper who lliall charge, aflc, or desnand, a greater Price for any Drink, Diet, Lodging, Fodder, Provender, Corn, Oats, or Pafturage, than rated by the Judices, according to the Direftions of this Aft, fhall, for every Offence, forfeit Ten Shillings j to be recovered by the Informer, to his own Ule, by a Warrant from a Jufticc of the Peace of the County v/here fuch Offence fhall be committed. XIV. AND be it further Enabled, by the Authority afcrefaid. That no Ordinary ^'"t '" f^" Li- Keeper fhall fell or credit Liquors to any common Sailor, without Leave of the n"r"to'ary'ot'htr Malter of the Ship or other VeiTel to which he belong^% under the Penalty of lofing ''•=''^""-'" ^^"^^^'"- tht Money which othcrwi'e he or fhe might recover for the Liquors fo fold on Credit to fuch Sailor-, nor fell Drink upon Credit to any other Pcribn to a greater Sum than Five Pounds, unlefs fuch Perfon fhall fign a Book in Acknowledgment of the fiid Drbr, under the Penalty of lofing the Money for the whole of the Liquor fo credited •, and in :'.n Action broufuht for the Recovery of fuch Debt, the general Iffue may be pleaded, and this Act gif en in Evidence. XV. AN D be it furthsr Emcted, by the Authority aforefaid. That from ind after ^"""y ^"i:"' " the patTing this Ait, all Keepers ot Public Ferries or Bridges within this Province, tamn^.itfuiru- where 'the Ferriage or Bridge Toll is above Four Pence, Proclamation Money, for "■"'■■'•• for more tlian the Rates allow. l^crfun on Crfdit, lor abuve 5 U 4IO L A fV S of North-Carolina. A. D 1768. a Man and Horfe, fhall be obliged to furnifh all Travellers with Entertainment at Tavern Rates, and Ihall take out Licence for that PurpoJc ; and it any Kteper of any fuch Public Ferry or Bridge fhall refufe or neglett to furnifh fuch Entertain- ment, or to take out fuch Licence, fuch Ferry or Bridge Keeper fhall forfeit and pay for each Offence the Sum of Tea Pounds, Proclamation Money, to any Perfon who fhall fue for the fame. Ordinarj Keep- era to fet up Signs at their HouIls, XVL AND to the End that Ordinaries, or Houfes of Public Entertainment, may be the more readily and generally known by Travellers and others ; Be it there- fore further Enabled, by the Authority aforefaidy 1 hat every Perfon ^vho fliall cbtain a Licence agreeable to the Direftions of this A6t, from and after the Firft Day of March next, fhall, within One Month after obtaining Licence as aforefaid, fet up^ or eaufe to be fet up in Public View, at his Dwelling-Houfe, or the Houfe where fuch Ordinary fhall be kept, a Sign, with an Infcription thereon, denoting the fame to be an Ordinary, or Houfe of Public Entertainment, under the Penalty of forfeit- itig Forty Shillings, Proclamation Money, for every Month the faid Ordinar) , or Houfe of Entertainment, fhall be kept, without having a Public Sign fet up as aforefaid. Penalties and Forfeitures hnw recovered, and •ppiied'. RepealingClaufe, XVII. AND he it further Ena^ed^ by the Authority aforefaid. That all the Penal- ties and Forfeitures in this A61, the Method of recovering and applving whereof are not particularly direfted, fhall be one Half to the Governor, or Ccrrmander in Chief for the Time being, the other Half to him or them who fhall lue for the fame ; to be recovered with Cofts, before any Jurifdidtion having Cognizance thereof. XVIII. A N B be it further Enacted, by the Authority aforefaid^ That all and every Adi and A£ts, and every Claufe and Article thereof heretoiore made, fo far as re- lates to regulating Ordinaries and Reftraint of Tippling Houfes, or to any other Matter or Thing whatfoever, within the Purview of this Aft, is, and are hereby repealed and made void, to all Intents and Purpofes whatfoever. Preamble. | Exportation of Trafh Tobacco prevented. No Tobacco to be fhipped before infpefted. CHAP. IX. An Act for regulating the InfpeSfion of Tobacco, and preventing Frauds in his Majeffs Cuftoms. I. TT 7 HE RE AS the Laws heretofore in Force, refpefting the Infpeftion of y Y Tobacco in this Province, have been found inefledual to anfwtr the Pur- pofes thereby intended ; II. B E it therefore Enacted, by the Governor, Council^ and Affemhiy, and by the Authority of the fame. That for the more effedual preventing the Fxpcrtation of trafh, unfound, and unmerchantable Tobacco, all Tobaccoes, which from and after the pafTing of this A61: fnall be exported out of this Province by Sea, fhall be firfl brought to fome one of the Public Warehoufes herein after mentioned, and fhall be viewed and infpedled in Manner as herein after exprefTtd. III. AND be it further Enabled, by the Authority aforefaid. That no Perfon fliall put on Board, or receive into any Ship, Sloop, Boat, or Pettiauger, or other VelTel, in order to be exported therein, any Tobacco not packed in Hogfheads or d fks, upon any Pretence whatfoever, nor in any Flogfhead or C?.fk, to be in any Ship, Sloop, or other VefTel, exported out of this Province by Sea, before the fame fhall have been viewed and infpeded according to the Directions of this Ad ; but that all Tobacco whatfoever to be received or ta\en on Board any Ship, Sloop, or other VefTel, and to be therein exported, or carried and put on Board any other Ship, Sloop, or other VefTel, for Exportation as aforefaid, fhall be received or taken on Board at the feveral Warehoufes for that Purpofe herein after mentioned, or at fome one of them, and at no other Place or Places whatfoever : And every Mafter, Mate, or Lyf/if'5'o/ North-Carolina. 411 or Boatfwain, who fhall arrive in this Province in order to lade Tobacco, durino- ^. D. 1768. -the Continuance of this A£t, (hall, before the faid Ship or Veffcl be permitted to '^"'^ take on Board any Tobacco whatfoever, make Oath before the Colleftor of the !l^is''"n,'''^nrike -Cuftoms of the Diftrift wherein fuch Ship or VcfTel fhall arrive (v/hich Oath the "!"''""' '" "- faiJ Olficer is hereby impowered and required to adminifter) that they will not w^Vb^uTbdni'S permit any Tobacco whatioever to be taken on Board their refpedive Ships or Vef- fp-^-"^- fels, except the fame be packed in Hogfheads or Cafks, (lamped by fome Infpedor legally thereto appointed, which Oath they ihall fubicribe in a Book to be kept by the Collector of the Cuftoms for that Purpofe; and if any Mafter fhall caufe any Perfon who is not really and torn fide Mare or Boatfwain, to come on Shore and take fuch Oath, he fliiill, for the fiid Ofltnce, forfeit and pay Twenty Pounds : And if any Mafter or Commander of any Siiip or Veflel fhail take on Board, or n^n for recnr. faffcr to be taken on Board, the Ship or Veflel whereof he is Mailer or Commander, '""■« ^"^ "" ^oaTa any Tobacco brought from any other Place than fome or one of the Public Ware- Jui,iic*^''"'warc- houfcs herein after mentioned, or any Hogllieads or Cafl- 1768. and the lall Day of .du^uji, yearly, to nominate and appoint, for each of the Public Warehouies within their Counties, Two fit and able Officers of Infpeftion, reputed to be flviiful in Tobacco, for the Office of Infpedors ; which Nomination and Appointment the faid Courts lliall caufe to be entered upon Record, which fliall be a iulricient /Appointment of fuch Officers ; and alfo in Cafe of tlie Death, Reug- nation, or Removal of any Infpedor, the faid Court fliall and may noHiinate and appoint another to (ucceed him, until the next Nominatoin ot Infpedors. XI. AND be // further Ena^ed, That if any Infpedor fliall hereafter accept, P'-n on rnfpec- receive, or take, diredly or indiredly, any Fee, Gratuity, Service, or Reward B,i!,e*r!"^.i,ing whatfoever, of any Ferion for refigning or giving up his Office of Infpedor, he up th^'f office. Ihall not orily be diiabled for ever i'rom holding the like Office, but for fuch Offence fliall foiicit and pay the Sum of Fifty Pounds, Proclamation Money; to be reco- vered by At;tion of Debt, in any Court where the fame is cognizable: And every Perfon ofiliing and paying, diredly or indiredly, any Fee, Service, Gratuity, or Reward what;oever, to any Infpector, to refign liis Office, fliall, for the faid Oflfence, be for ever difabled from holding the Office of Infpector within this Province. XII. PROVID ED always. That no Jufl:ice of the Peace, being Infpector, n. ji^ice b^nj or recommended to be luch, fhall be allowed to vote in the Nomination and Ap- J^'^''.'*^* pointment 01 Perfons to be Inlpcctors as alorefaid. CilvnCC tur Iiiipeitocc. XIII. PROVID ED alfoy That every Perfon appointed, or to be appointed infpeaors to gWt an Infpector, by Virtue of this Act, fhall, before he enters upon the Execution of '^'"^• his faid Office, inter into Bond, with good Security, in the Penalty of Five Hundred Pounds, Proclamation Money, payable to his Majcfly, his Heirs and Succeffors, with Condition for the true and faithful Performance of his Duty, accordinc^ to the Directions of this Act; and fliall alfo have the following Oath adminiftercd to him, io wit, 'O U JJjall fwenr, That you will diligently and carefully view and examine all Tobacco AnJ take th>» brought to any Public War ehouje, uhereof you are appointed to be Inf-petlcr, and ^'^^"' all other Tobacco ijchich you fliall be calied upon to vieiv andinfped; and that not feparate and apart from your Fellow, but in his Prejcnce ; and that you will not receive any Tobacco that is not in your Judgment found, well conditioned, merchantable, and clear of TrafJj ; nor receive, pafs, or ft amp, any Tobacco liogfkead, or Cafi of Tobacco, prohibited by an Abl of /Iffembly, intituled. An Act for regulating the InJpection of Tobacco, and preventing Frauds in his Majcfiy's Cufloms ; and that you id II not change, alter, or give out any Tobacco, other than fuch Ilogfnead or Cajk for which the Receipt io be taken in was given ; but that you will in all Things well and faithfully difcharg^ your Duty in the Office of an Infpecicr, according^ io the Diretlions of the faid Act, without Fear, Favour, .iffiebiion, MalUe, or Partiidiiy. SO HELP YOU GOD. Which Oath fball and may be adminifliered before the Inferior Court of the County Pea. f. r aau; wherein luch Inlpector fhall refi.le f And if any Perfon fhall preiume to execute the without. Office of Infpector before he ffjall have given fuch Bond, and taken fuch Oath as aforciaid, he ihall forfeit and pay Fifty Founds, Proclamation Money. XIV. AND be it further EnaHed, That all Infpcctors to be appointed in Virtue whm to »"nd ■of this Act, fliall coiiltaiuiy attn-d tlicir Duty :u the Vv^irehoufe under thtir Charge, '''■ w»rciK.ufcs. •from the Tenth Diy of Otiobtr to the Tenth Day of 7«/y, yearly, unlefs otherwife directed by the Inferior Court of the County ; and at other Times they, or one of them, fliall attend to delivtr out Tobacco for Exportation till all the i'obacco re- maining there on the faid Tench Day o^ July fhall be pjy ilisit. Notes. Not to m'r leaf and llcQi'd Tob. Tobacco infpefl- ed, liilptdtj^ to deliver tfie Own- er Receipts ttf the fame. fen f;>f ehang- ing TuOacco. Tj tike in tSsir R ■•'■pts, & g,ve ciaustec Notes. Tnb. Debt un- lawful, unltfs in I.-jpcdtors Nutei. Mixing Traih with ftem'd To- bacco, pscktd in iinfizdble Cafki, relliainedi Proceedings wl'h Tob. not pjfl'ing lnfpe£lion. Too. packed by Overfeers, burnt, they to bear the lofs. Pr. ceedings witli Tob undcmand- ed within Three Yeao. 4i6 LAWS of North-Carolina. A. D. 1768. which the fame fhall be put on Board : And if the Tobacco delivered to the fame Sloop, Boat, or Pettiauger, is intended to be put on Board feveral Veflels, then they fhall deliver fo many diftinft and feveral Lifts as aforefaid, of the Hogfheads to be put on Board fuch Ships or Veflels, refpeclively ; which Lifts every Mafter of a Ship or Veifel is required to produce to, and lodge with the Colleftor of the Cuftoms of the Diftrift where the Ship or Veftel whereof he is Mafter fhall ride, or by whom he fliall be cleared, fome Time before her Clearance: But whereas it may happen that the Ship in which fuch Tobacco contained in fuch Lift cannot receive the fame on Board, in fuch Cafe it ihall and may be lawful to ftiip the faid Tobacco, or any Part thereof, on Board any other Ship or Ships, where the Owner thereof fhall think fit ; the Mafter of fuch Ship endorfing on the faid Lifts the Marks and Numbers of the refpeftive Hogftieads by them taken on Board, and giving Notice to the Infpec- tors of the Warehoufes from whence the fame was brought; or if there be no Ship to receive the faid Tobacco, then it (hall be lawful for the Mafter of the firft mentioned Ship or VeflVl to put the faid Tobacco into any Warehoufe in the Diftrift where fuch Ship (hall ride, giving Notice thereof to the Infpeftors who ftamped the fame ; and the Infpeftors of that Warehoufe where fuch Tobacco fhall he landed Ihall give a Receipt for the fame, and fhall caufe the faid Tobacco to be fafely Lxiged and de- livered to the Order of the Owner whenever he IhaJl think fit to (hip it off, and that without Fee or Reward. XXIL' J N D he it further Ena^ed, That if any Perfon whatfoevcr (hall forge or counterfeit the Stamp, Note, or Receipt of any Infpcftcr, to tender in Payment any fuch counterfeit or Ibrged Note or Receipt, knowing it to be fuch ; or export, or caufe to be exported, any Hogfliead or Cafk (jf To- bacco, ftamped with a forged or counterfeited ftamp; or demand Tobacco of any Infpeftcr upon fuch forged or counterfeited Note or Receipt, knowing fuch Not?, Receipt, or Stamp, to be forged ; or Ihall put or pack into any Hogftiead or Cafk of Tobacco, ftamped by the faid Inlpeftor, any Tobacco whatfoever ; or take out any Stave, Plank, or Heading, fo ftamped as aforefaid, of any Hogfhead or Cafk of Tobacco, after fuch Hogfliead or Cafk of Tobacco fhall be delivered out of any of the Public Warehoufes aforefaid ; every Perfon T//^^>-i?««^<'y, That any Juftice of the Peace of any County, near the Pl.-sce Proceedings on where_any Sh-p or other Veflel fhall 'ride, .upon Complaint made to him by any Perlon that fufoed? Information of Hi pping lining fpetlcd Tobacco, an his County ; and ta: Sheriff, Under Sheriff, or C'onftnbie, fhall have full Power and Authority, and hs is her. by require.!, to enter and go on Board fuch Ship or other V^effel, to fearch for and leize fuch Tobacco ; and the fame fo fpizcd fhail. be brought on Shore, and carried befDre the fame or any other Jufiice, who fhall caufe the fame to be immediately burnt by fuch Sheriff or other Officer : And if the fVlr.ller or Commanding Officer of any Ship or Vefiel, or any other Perfon whatfoever, fhall reful the Sheriff, or other OlFicer, in the Execution of any fuch Warrant, every fuch Mailer or Commandin-:' Officci- fliall forfeit antl pay the Sugi of J^ifty Pound:, Piotlaniation Money ; and every Skipper'^ Sail.>r, or other Pt-rfon fo refilling, fhall foifoit and pay the Sum of Ten P.iunds, like Money : And in Cafe any Action fhall be brought againfr any of the fiid Officers, for doing any Thing in Execu- tion of thi.s Ad, t!>e Dwfendant may plead the general (ffue, and give this Ad in Evidence; and if t!;e P!aiin:a";h';ll be r.oti-fniteJ, or Judgment pafs a-ainst him, upon a Verdid or Demurrer, the Defendant lliaii recover double Celts. f-evtr; und..T the Penalty of forfeiting Tv.cnty Shillings, Proclamation Money, for everv Hundred Weight of Tobacco fo bought or received. XXXIf. T^O/ /Z)i7/).fl/rt,vi),f, That nothing herein contained fhall be Con flrued to hinder any Pr-^vifo, to te- Infpede.f fn m recf!v:tu; his It. 1,1 1 in Tobuco, wnich ihall have been firil viewed, examined, and ceivc their Rems. ftaiiipcd, ace ;!ding 1,1 ifie 1), ^'niisAd. a'ccc XXXlft. AND b: it fu'tbir Enacl:J,ly the Authority aforcfaid. That no Infpedor (hall take l*'^"- fo"- f^'^'"? »v.c<:pt, orrectue, duediy or indirbdly, any Fee, Gratuity, or Reward, for any 'J'hing by him to "'''-'■ ^" '^'"^ be done by Virtue of this Ad, other than the Salary and other Allowances herein before mentioned • '''^'^ Silarui. unucr the Penalty of Fifty Pounds, Pioclimation Money; to be recovered with Colts, by any Perfon ' who (hall fue for the fame, by Adion of Debt, Bill, Plaint, or Information, in any Court of Record • having C(jgniz-nce thereof; and moreover, fh.dl be difablvd from 'holding the fiid O/nce during the Ccniinuance of this Ad : And th-; Perfon or Perfbns giving or ofJlring any fuch Bribe, fhall, in IWce <-' g S Mannery 4i8 LAWS of North-Carolina. A. D. 1768. Method where Tobacc.) tendered bj iMfptflors in Dilcliarge of their Notes, isiefufed. Proceedings when new lui'ptitors fiJccecd Infpefl'rsto per- iTiit Own ts of lij:bt Tobacco to reprize it. Samples of Tob. t'(. ■ be returned iiitg the C. iks To make all Hc'giheadj wei(:h I coo Iba. . Owners rray mark H'-iflieads for fati'.fving transfer Notes. Infpeftors to lay b(foie their Courts Account of transfer Notes, To accoont with their Courts for all Mur.ies in (itir H^tnds, Manner, forfeit and pay the Sum of Five Pounds, like Money ; one Half to the Informer, and the other Half to our Sovereign Lord the King, for fupporting the contingent Charges of this Province. XXXIV. AND he it further EnaSfed, That when any Perfon fhall be intitled to receive any Hogftiead of Tobacco, by Virtue of any Infpeftors Notes or Receipts, the Infpetflors fhall be obliged to open the Hogniead, and fliew fuch Tobacco to the Perfon demanding the fame, if required, whe- ther the fame be Crop or Transfer; and if fuch Perfon (hall refufe to accept of the Tobacco offered or tendered him jn Payment, as bad, unfcund, and unmerchantable, fuch Perfon fo refufing, fhall make immediate Application to any Three Juftices, near or neareft, whhin the fame County; and the faid three Juftices fhall. take an Oath, before fome other Jullice of the faid County (which Oath the faid Juftice is herc'by impowered to adminifter) carefully to view and examine the faid Tobacco, and, to the heft of their Judgment, pafs or rejeft the fame ; and that they will therein do their Duty, accord- ing to their' Judgment and Confcience, without Favour, or Afteflion : Which faid three Juftices {o fworn, are hereby diretiled and required to repair to the Warehoufe where fuch Tobacco Ihall be oU-ered, and carefully to view the' fame, in fuch Manner as they fliall think fit; and if any two of them fliall judge the fame unfound and unmerchantable, to caufe the fame to be immediately burnt, without being picked and feparated ; and for their Trouble therein, the faid Juftices fliall receive, and be paid by the Infpedors who oft'ered the fame in Payn.tn.t, Five Shillings, Proclamation Money, each ; but if by the faid Juftices the faid Tobacco fo tendered in Payment fliall be adjudged good and merchantable, according to the Diredlions of this Aft, the faid Juuices fliall be paid by the Party de- firing fuch View, Five Shillings as aforefaid: And when any Tobacco fliall be tendered or differed in Payment by any hilpcdlor, and refufed, the faiil Infpcdtor fliall not be at Liberty to tender or offer in Payment, nor the Ptrfon demanding the fame to leceive any Tobacco in Lieu thereof, before or after the fame fliall have been viewed as aforef'.id ; but the Perfon refufing fliall immmediately mark the fame : And if any Infpcftor fliall offer, or tender in Payment, any Tobacco in Lieu of the Tobacco fo refufed, before the fame fliall have been viewed as aforefiid, or fliall'not produce the fame Tobacco fo refufed to the faid Juftices, in either Cafe, it (hall be taken for a Conviclion, that the faid Tobacco firft tendered was bad and unmerchantable; and moreover, the faid Infpedtors fliall forfeit and pay Ten Pounds for every fuch Offence : And every Perfon accepting any Hogfliead of Tobacco in Lieu of Tobacco fo refufed, before the fame fliall be viewed as afotefaid, fliall forfeit and pay Ten Pounds for every fuch Offence. XXXV. AND be it further Ena8ed, That when any new Infpeftor fliall be appointed at any of the faid Warehoufcs, fuch new lufpedor or Infpedlors fliall, and they are hereby required, to give to the Perfofi or Perfons whom they iTiall fuccced, a Receipt, with h's or their Hands fubfcribed, con- taining the Number, Marks, Tare, Grofs, and Nett Weight, of every Hogfliead of Tobacco which iliall be then at the fai 1 Warehoufe ; and Ihall be thenceforth charged with the Delivery and Payment thereof; but fliall not be accountable for the Lofs of Weight or Quality of Tobacco therein contained : And all Infpeftors delivering out ?ny Tobacco in Difcharge of fuch Notes, fliall be, from thenceforth, difcharged and acquired thereof, or any Thing relating thereto ; any Thing herein* contained to the contrary notwithltanding : And when any light crop Tobacco fliall be hereaftef broiight to any of the faid Warehoufes, the laid Infpeftors, if required, fliall permit the Owner, or other Perfon, to make Ufe of one or more of their Prizes, for the Repacking and Prizing the fame, without Fee or Reward : And for all Tobacco repacked or prized by the Owner, there fliali be paid to the Infpertors thereof. Three Shillings for Stamping ; and for all Tobacco repacked and reprized by thclnfpedors, Five Shillings for each Hogfliead; and alfo. Six-pence for Nails ; unlefs the Proprie- tor fliall provide them : And no Infpeftor fliall take or convert to his own Ufe, or otherwife difpofe of, any Draughts or Samples of Tobacco ; but the fame (if fit to pafs) fliall be put again into the Hogfliead out of which it was taken ; under the Penalty of Twenty-Shillings for every Draught fo converted ; to be recovered before any Juftice of the Peace for the County wherein fuch Offence was committed : And all Infpeftors, when required, fliall be obliged to prize any Hogfliead of Tobacco under One Thou- fand Weight, fo as to make it up that Weight ; and fliall receive the fame Fee therefor, as for tranf- fer Tobacco, arid make lawful Abatement for the Tobacco prized in ; and the faid Infpeftors, for all Tobacco- by them paffed, fliall give a Note as aforefaid, in the Name of the Owner, and of no other Perfon whatfjever. XXXVL A N D he it further Enabled, That the Owner of any transfer Notes may, at any Time before the Firft D.ay oiOS-oher, in every Year, receive and mark Hogflieads of Tobacco, for fatisfying fuch Notes ; and the Infpedors fliall take in iheir fo/nier Notes, and deliver crop Notes for the fame; and fliall be anfwerable for the fafe-keeping thereof ; and the Infpeilors thereof fliall be intitled to receive Five Shillings and Si.x-pence for the Infpedion thereof, and finding Nails ; Two Shillings and- Six- pence down, and Three Shillings when the faid Tobacco fliall be delivered : And the Infpeflor* fliall, at the Cc urt to be held hv their County next after the Firft T>^' oi Oiloher^ Yearl), lay before the Court, an Account, on Oath, of all transfer Notes that were not by them taken in before the faid' Firft Day.of O.'/c/f/- ; and alter fuch Account fo exhibited, fliall fell the Tobacco in fuch Notes con- tained, dediiiting for Shrinkage and V/aiieage, at public Auction, before the Door of the Court- Houfc, between the Hours of Twelve and Three; and the Jnfpectors fliall pay the Money arifing by- fuch Sale, in Satisfaftion of their faid Notes, from Time to Time, to the Proprietors demanding ther fame : And all Infpeflors in the faid .Account, fliall account for all Tobacco gained or faved, upon; the Allowance of Siuinkage of transfer Tobacco, in the fame Manner as before directed ; and fli.ill account with the Court for the Money received for fuch Tobacco fo gained, in their Yearly Accci.nt. XXXVII. AND he it further Enaaed, That all Infpectors fliall, Annually, at the next Court held for their County after the firft Day oi Oiighcr, account with the faid Court,^ upon Oath, for all Monie* L A }V S of North-Carolina. 419 1768. Monies by them received by Virtue of this Act (except for Nails) In which Account, they (hall be A. D. allowed their Salaiics, and other neceflary DilburfementSj in Purfuance of this Act. XXXVIII. J ND be it further EnaBed, by the Authority afortfaid, That any Two Juftlces of the Peace, fnall have full Power to hear all Complaints againil any Infpectors within their County, and to take Depofitions of Witnefles on both Sides ; which they (hail tranihut to their County Court for their Determination ; and alfo to vifit all Warehoufes within thdr Counties, and certify Sll Neglects and Breach-^ of Duty in Infpectors, unto their faid C( urt : And all Infpectors fo found guilty of a Breach of Duty or Neglect, he or they Ihall he forever removed from the laid Office ; and, moreover, fliail pay unto the Infcrmer or Prcfecutor, his full Colls; and be further liable to the Action of the Party endamaged by fuch Neglect. XXXIX. -^ N D be it further Enabled, That all Penalties and Forfeitures ill this Act contained, and not herein before particularly appropriated, fhall be, one Half to our Lord the King ; to be ap- plied towards defraying the Charges of the Execution of this Act, and the other Half to the Peifon wholhall inform or fue f,r the fame ; to be rtcovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record having Cognizance thereof ; except where the faid Forfeiture (hall not exceed Forty Shillings ; and in (uch Cafe, the fame m.ay be recovered by Warrant before any Juitice of the Peace. XL. AND he it further Ena^ed, That when any Artion fhall be commenced or profecuted againft Matlner fned m* any leafaruig Perlon, founded on tliis Ai;t, fuch Perlbii iliill be compelled to gi^e Bail to the She;iJf, tV-is Aa, to give or other Oliicer, as if fuch Action had been founded on a Contract ; and (hall not be admitted to apl ^^''■ pear and plead until Bail be fo given j any Law, Ufage, or Cuilom to the contrary notwiihltanding. Two Juftic^s to hear CctrpliinU aeainft Inljiec tors. Fines anti FotfeJ- tuj^s h'W ttco« verable ] and ap- plied. XLI. AND he it further EnaSied, That the Infpectors of the feveral V/arehoufes^ fo often inf-flfrr-tn S Nved fliall require, (hall appoint one or mere Picker or Pickers ; who, before entering on the Ex- point Vckera-" cution of their laid 0(iice, (hall take the following Oath j which any Jullice of the Peace may admi- ifter, to lOit. T>i take Oath. YO U Pmllfiijear that you nvill iveU and faithfully pick and feparate all fuch 'tobacco as Jhall be teiikr- ed you for that Purpafe, at the Warehouje ivhire yon are appointed Puker ; that you iviil not demand vr receive any other or greater Allowance for your Ser-vices as PicLr than tbofe direiled by Law ; and that you ixill honrftly demean yourjelf in your Jaid Office, and execute the fame --without Fa-vour, Affection, or Partiality. SO HELP YOU GOD, And fuch Picker h appointed and fworn, (hall and may take and receive One Shilling and Eirrht His Fee Pence for every carted Hoglhead ; and Three Shillings for every roiled Hogihead which he ihall open '* **' and bring to View ; and one Eighth Part of all Tobacco he (hall fave for the Owner in picking ; and no morecr other Allowance whatever. '^ thii XLIL the Infrectio Void ; Term AND be it further EnaSied, That all and zvtry Act and Acts heretofore inade, concerning c ion of Tobacco within this Province, (hall be, and they are henceforth repealed and maue t and that this Act, and every Part thereof, (hall be and continue in ForcCj for and during th of Seven Years, and no longer. Continuance the A«. CHAP. X. An AEl for ejiaUijhing fuhlic tPWehcnfes in the Toi^ns of Halifax aftd Campbletonj/^r the Infpe'aion of Hemp and Flax, (a) i. 'ITT 7 HE RE AS it has been reprefented to this Aflembly, that there are nO PreamSie, yV public Warehoufes in the Tovfmoi Halifax and Camphlelon^ for the Safe- keeping of Hemp and Flax infpefted at thofe Places; and that it would be greatly bentficial to the Merchants and Planters in thofe Parts of the Province, that Ware* houfes Ihould be eredcd for that Purpofe : II. BE it Enacted^ hy the Governor, Council, and Ajfemhly, and by the Authority of Warc houfes «« the fame. That it fliall and may be lawful for the Juftices of the Inferior Courts for ^' '"''''• the Counties of Halifax and Cumberland, and they are hereby required, at their firft Sitting after the palTing of this A61:, to agree with any Perfon or Pcrlbns, for ereft- ing and building in the Town of Halifax, on the Lots where the Tobacco Ware- houfes now ftand ; and in the Town of Campbleton, fuch a Warehoufe in each, and other Conveniences as fliajl be neceffary ; and to take Bond, with good Security, from each Undertaker of fuch Buildings, for performing fuch Agreement j and fhall G g g 2 provide (ttj SeeAftNoY. 1768, Chap. 8, for amending thii Acl^ 420 LAWS of North-Carolina. ^. D. 1768. provide and keep at each of the faid Warehoufes, a good and fiifficient Pair of .^^^-'^^'^'^'^^ Scales and Weights to weigh Six Hundred Weight at leaft, and alfo a fufRcient with Scales. Numbet of Prizes or Screws -, and the faid Jullices fhall, and they are hereby authorized to levy the Expence thereof upon the Inhabitants of their refpeftive Counties -, and fhall take and receive the Rent of the Hemp and Flax which Ihall be received and infpected at the faid Warehoufes in Purfuance of this Act, for reimburfing the faid Counties the Charge of building the faid Warehoufes and other Conveniencies. infpef^ors to be HI. A N D be it further Ena5fed, That the faid Juftices fliall, once in every appoint . Year, at their Court next after the Firft Day ot O^ober^ nominate and appoint one fit and able Perfon, flvilful in Hemp and Flax, for the OfBce of Infptctor at each of the faid Warehoufes \ and in Cafe of his Death or Sicknefs, or being otherwife diiabied from attending his Duty in that Office, any Three Juftices of the County where fuch Difability happens, fhall and may nominate and appoint another to fup- ply the Place of fuch Inipector, if dead, until the next Nomination of Infptctois > and if fick, or otherwife difabled, to attend until fuch Sicknefs, or other Difability, is removed •, every of which faid Infpectors, appointed by Virtue of this Act, fliall, before they enter upon the Execution of th'-ir faid Office, enter into Bond, with good Security, in the Penalty of Five Flundred Pounds, Proclamation Money ; payable to his Majetty, his Heirs and Succeflbrs ; with Condition, for the true and faithful Performance of their Duty, according to the Directions of this Act j and fliall take the following Oath : (a) Fen for aaing Which Oath fhall and may be taken before the Inferior Court of the County, or Nf.re taking the juf^ices appointing fuch Infpedor: And if any Petfon fhall prefume to execute the faid Office of Infpeftor before he fhall have given fuch Bond, and taken fuch Oath as aforefaid, he ihall forfeit and pay One Hundred Pounds, Proclamation Money; to be recovered by Aftion of Debt, in the Superior Court for that Dif- trid ; one Half of fuch Forfeiture to be paid to any Perfon that will fue for the fame, and the other Half to be applied towards kffening the County Tax of the County where the Offence fliall be committed. This ciau'e ai. IV. AND be it further Ena^ed, That every Infpedor, appointed by Virtue Ss^cTap^'s: of this Ad, fhall conftantly attend his Duty at his faid Warehoufe, from the Firft Day of November to the Firft Day of January ; and from the Firft Day of March to t^rT an/Man' ^^^^ ^'^^ ^^X °* ^''^' Yearly ", and afterwards attend to deliver out Hemp or Fiax nar'of infpei'iing for Exportation, until all the Hemp or Flax remaining there on the Firft Day of iiempand Flax, j^^^ j|^,^jj .^^ delivered ; and for every NeglecT:, fliall be^ liable to the Adion on the Cafe of the Party grieved, for the Damages he may fultain by Reafon of fuch Neg-' led, and Cofl:s of Suit : And for all Flemp and Flax by him infpedcd and pafTed at fuch Warehoufe, he fhall deliver to the Party bringing the fame, a Promiffory Note or Notes, under his Hand, for the full Quantity of Hemp or Flax by him received; in which fliall be exprefl^ed the Weight of the Hemp or Flax, in Hun- dreds, Qiiarters, and Pounds, reckoning One Hundred and Twelve Pounds to the Hundred ; and in what County and Province the fame was cultivated, and whether the fame be Dew or Water rotted ; which Notes fhall bear Date the fame Day it is infpeded and paffed, and be transferable from one Perfon to another, in the fame Manner as Notes for Tobacco arc, by the Cufloni of this Province, and fliall be payable by fuch Infpedor, in Bales or Bundles, when demanded, not exceeding Six Hundred in a Bale; fo that fuch Demand be not made in lefs than Eight Days after the Date thereof: Which Bales fhall be well prized and bound iufficiently, with not lefs than Nine-Thread Rope ; and for every fuch Bale or Bundle by him paid away in Difcharge of any fuch Notes by him given, there fhall be paid, by the Perfon receiving the fame, for every Hundred Weight contained therein, the Sum of Four Pence for Warehoufe Rent, One Shilling for Infpection, and Ten Pence for prizing: (aj The Oath by this Ace appoiated repealed, and provided for by Act Nov. 176S, Chap. 8, L A fV S of North-Carolina. 421 prizing and Rope ; which faid Sum of Four Pence, for Warehouse Rent, fhall be ^- D. 1768- paid, annually, by the Infpector to the Juftices of his County : And if any fuch Inlpector, by whom fuch l:'romifrory Notes fhall be figned, fhall refufe or delay to pay or fatisfy the fame, when demanded as aforefaid, fuch Infpector fo delaying or rerufing (hall forfeit and pay, to the Party injured, double the Value of the faid Hemp or Flax j to be recovered, with Cofts, in any Court wherein the fame is cognizable. V. AND he it further EnaHed, by the Juthority aforefaid. That every Perfon who fhall counterfeit or forge the FromifFory Note of fuch Infpector, or offer for Sale any fuch counterfeit or forged Note ; or demand any Hemp or Flax of fuch Infpector upon any luch counterfeited or forged Notes, knowing them to be fuch, and being thereof convicted by due Courfe of Law, fhall be adjudged a Felon, and fhall fuffcr as in Cafes of Felony. VI. AND be it further Enacted, by the Authority aforefaid. That if any Infpectofs Notes or Receipts be cafually loll, mifliid, ordeftroyed, the Perfon or Perf.ns intitled to receive the Hemp or Flax by Virtue of any luch Note or Receipt, fhall make Oath before a Juftice of tne Peace of the County where the fame is payable, to the Num- ber or Date ot every fuch Note or Receipt, to whom and. where payable, and for what Qiiantity of Hemp or Flax the fame was given, and that luch Note or Re- ceipt is loft, miflaid, or dellroyed, and that he, (he, or they, at the Time fuch Note was loft, miflaid, or deftroyed, was lawfully intitled to receive the Hemp or Flax therein mentioned, and fhali take a Certificate thereof from fuch Juftice ; and upon producing a Certificate of fuch Oath to the Infpedor who figned luch Note, and lodging the fame with him, the Infpcftor (hall, and is hereby required to pay and deliver to the Perfon obtaining fuch Certificate, the Hemp or Flax for which fuch Notes or Receipts were given, if the fame, or any Part fhall not have been before by him paid by Virtue of the faid Notes or Receipts, and fhall be thereby difcharged from all Actions, Suits, and Demands, on Account of fuch Notes or Receipts : And it any Perfon fhall be convicted of making a falfc Oath, or produ- cing Certificate in the Cafe aforefaid, knowing the fame to be forged, he fhall for- feit and pay Three iPounds for every Hundred and Twelve Pounds Weight of Hemp or Flax contained in fuch Certificate ; recoverable before any Jurifdiction where the fame is cognizable ; and moreover, upon Conviction, fhall fufrer as in Cafes of Vi'i Iful and corrupt Perjury. VII. AND be it further Ena5ied, That if either of the faid Warehoufes (hall happen to be burnt by Accident, the Lofs fuftained thereby fiiall be made good to the Sufferers by the Counties in which the Hemp or Flax was cultivated, if in this Province ; any Law or Ufage, to the contrary, notwithftanding. VIII. AND whereas the Infpeiflors to be appointed by this Law are obliged to certify in the Notes by them to be given whether the Hemp by them received be Dew or Water rotted, and alfo in what County and Province the fame was culti- vated ; Be it EnaSled, That the faid Infpedors (hall have full Power and Authority, before they deliver any fucli Note, to fwear the Perlon or Perfons bringing them any Hemp or Flax to be inlpefted, whether the fame was Dew or Water rotted, and in what County or Province the fame was cultivated ; and upon Delivery for Ex- portation any Water rotted Hemp or Flax that may have been cultivated in this Province, the faid Infpeftors fhall deliver to the Perfons receiving the fame, a Lift or Manifeft of fuch Flemp or Flax, under their Hands, mentioning where tlie fame was cultivated, with the Number of Bales, and Weight of each, and to whom de- livered ; which (aid Manifeft having a Certificate on the Back thereof figned by the CoUeftor and Naval Officer, certifying that Oath was made before them of fuch Hemp being exported from this Province, in v/hat Veffel, at v/hat Time, and by whom fhipped, Ihall intitle the Perfon or Perfons producing the fame to the Bounty of Sixteen Shillings and Eight Pence, for every Hundred Weight of Hemp, and Thirteen Pen. for coon- terfeiting Iiiljjes. tois Nous. Procerd. wficrc Infpeflors Nctcl are left. Where Ware- houlcs are Isiut, Procefding.i, to he intitled to the B untjr. 422 LAWS of North-Carolina. 4. D, 1768. Thirteen Shillings and Four Pence, for every Hundred Weight of Flax mentioned in juch Manii'eft, to be paid by the Treafurers of this Province out of the Money in their Hands for Contingencies -, and Ihall be allowed them in their Accounts, agreeable to an A6t oi Aflembly, paffed in the Year One Thoufand Seven Hundred and Sixty Four, intituled, yf« Act for encouraging the Culture of hhmp and Flax, and other Purpofesi Cnnfttluatife IX. AND be it further Ena5fedy That this Adi (hall continue and be in Force for and durin» the Term of Five Years, and from thence to the End of the next SefTion of Affemblyj and no longen P?eambl8. CHAP. XI. An A£l for building a Public Gaol, and Gaoler's Houfe^ for the Diftri^l of Newbernj in the Town of Ncwbern. (a) I, "^ IT r H E R E A S the Public Gaol for the t)iftri6l of Newhern was lately con- YY Turned by Fire^ and it being neceffary that a new Gaol Ihould be erefted in the laid Diftrid 5 f rijftee^ sppciini- \\, B E it therefore j£nacted, by the Governor, Council, and Affembly, and it is Gaol' '""''^'"^ * ^^f'^^by Enaaed by the Authority of the fame. That Jacob Blount, Thomas C'l.fford Hoive, Richard Cogdell, Samuel Cornell, and John F/awks, Eiquires, be, and are hereby ap- Trufte(« aiterfd, pointed Truftccs, for defigning, contrading, building, and finiihing a good and i77of cSp"ii' fufficient Gaol, and Gaoler's Houle, of fuch Dimenfions and Materials, on the Lot of Ground in the Town of Newbern where the Public Gaol lately ftood, as to them, or the Majority of them, or their Survivors, Ihall feem moft proper and convenient ; which Gaol and Gaoler's Houfe, when fo eredcd, fliall be, continue, and remain, the Public Gaol, and Gaoler's Houfe, of the feveral Counties within the Diftricl of Newbern aforelaid. Tax laid for IfttilJsngth'.Oiol. lAexhoi of Reco- leTj hum Sheriffs failing to pay it> HI. AND be it further Enabled, by the Authority aforefahi. That there fliall be levied on each and every taxable Perfon v/ithin the feveral Counties in the laid Dif- tridl, annually, for the Term of Three Years mxt after the pafTing of this A6t, the refpeftive Sums of Money following, to vnt. On each taxable Perfon in the County of Craven, the Sum of Two Shillings, Proclamation Money •, and on each taxable Perfon within the Counties of Dobbs, Carteret, Pitt, Beaufort, and FJyde, the Sum of One Shilling and Four Pence, like Money : Which faid Taxes fliall^ by the Sheriff of the re!pc6live Counties aforefaid for the Time being, be coUeded in the fame Manner, and under the fame Penalties, for Non-Payment thereof, as is direfted by Law for the colledting other Public Taxes ; and the Monies arifing therefrom, fhall be accounted for and paid by the faid feveral Sheriffs to the Truf- tees or the Majority of them, or their Survivors, as aforefaid, and by them be applied towards difcharging the Contrails they Ihall enter into for the Buildings aforefaid. IV, AND be it further Enacted, by the Authority aforefaid. That if any She- riff", who fhall be chargeable with any of the Taxes by this Aft aireiTiid, fliall neg- led to account for, and pay to the Truflees aforefaid, or the Majority of them, or their Survivors, fuch Sums as he fhall be chargeable with in Virtue of this A6t:, after deduftincr the ufual Commiffions for collecting, and fuch Infolvents as fliall be allowed for by the Court of his County ; the faid Trultees, or the Majority of them, or their Survivors, fliall have the fame Method of proceeding againft fuch Sheriff, by Motion, as is by Law direfted againft Sheriffs for not accounting for other Public Monies by them received. V. AND (a) See Aft Dec, 177s, Cliap. jr. ac- the L A IV S of North-Carolina. 423 V. AN D be it further EnaHed, by the Authority aforefaid^ That the Truftees, or ^' J^- >768. the Majority of them, 01 their Survivors, Ihall immediately proceed to the Dif- TiTikl^TTb^^d charge of the Truft by this Aft repofed in them ; and (hail caule the laid Buildings ihe g^oI in two to be finifhed within Two Years from the paiTing of this Aft ; and fhall, imn-iedi- ^"n't' fo" arely thereafter, lay an Account of their Proceedings herein, upon Oath, oi all t.«>. Monies they fhall receive and pay on Account of the laid Buildings, before the Court of each of the Counties herein named for their Approbation j and the Sur- plufage of the faid Tax, if any, fhall be by them paid to the Juftices of the faid fe- veral Counties, in Proportion to the Number of Taxes collefted in the faid Counties refpeftively j to be applied towards the contingent Charges of the laid Counties. VI. AND ie it further Ena^ed^ hy the Authority aforefaid^ That after fuch Prironers to be Gaol ihall be erefted, when any Perfon or Perfons (liall be apprehended for any '^,°^^^i"'<5 1"'-* O.Tence committed within the Diilrift aforefaid, it (hall and may be lawful for ihe Magiftrate Or Magitlrates before whom fuch Offender fhall be examined, if he or they think it necelfary, to.commit fuch Offender to the aforefaid Gaol j and the Sheriff of -the County for the Time being, where fuch Offender fhall be apprehend- ed, is hereby authorized and required to convey fuch Offender to the laid GadI, and deliver him or her to the Sheriff or Keeper thereof, and take a Receipt of luch Sheriff or Keeper-, which fhall be his Difcharge for fuch Prifoner. VII. AND be it further Enacted^ by the Authority aforefaid. That after the Gaokr to be em- faid Gaol, and Gaoler's Houfe, fhall be built as aforefaid, the Sheriff of the Co inry p'''^^'*' oi Craven^ for the Time being, is hereby direfted and required to employ fome Perfon of Integrity to be Keeper of the faid Gaol ; who, during the Time any Per- fon committed for a capital Offence (hall be in the faid Gaol, fhall conftantly rcfide in the laid Gaoler's Houfe, and take all lawful Ways and Means for preventing the Efcape of fuch Offender. CHAP. XII. An ASl to amend an A5f, intituled^ An Aft for facilitating the Navigation of Port Bath, Port Roanoke, and Port Beaufort, I. TYTHEREAS it is found, by Experience, that the before recited Aft is Pfeimbie. y y iniufficient to anfwer the falutary Purpoies intended: II. B E it Enacted, hy the Governor, Council, and Affemhly, and by the Authority Tax on Vefftis of the fame. That the following Tuxes (hall be paid by the Mafter or Owner of "^c^!^ " ^"'" each and every Veffel that (hall come in at the Inlets of Occacock and Roanoke, and enter in the Port of Currituck, to the Colleftor of the faid Port, that is to fay : For every VelTcl of Fifty Tons, or u.uler, Ten Shillings ; for every VelTel above Fifty Tons, and under One Hundred Tons, Twenty Shillings; and for every Veffel above One Hundred Tons, Thirty Shillings ; to be applied towards defraying the Expence of erefting Stakes and Beacons in the Diftrift of Port Roanoke. III. A N D be it further Enacted, by the Authority aforefaid^ That the Collector of cS"" *' Port Currituck, for the Time being, (hall give Securi'^ty, in the Sum of Three Hun Bond."" '***"* drcd Pounds, to the Commiffioncrs appointed by the before recited Act for Port Roanoke, for the due Performance of the Truft repofed in him, and for his account- in-^ with, and paying to the faid Commiffioners, as often as required, all fuch Sum or Sums of Money as (hall be, from Time to Time, by him received ; and if the faid Collector Ihall refuTe to give fuch Security, it is hereby Enacted, that the faid CommuTioners of Port Roanoke Ihall and may appoint another Receiver in his Place and Stead, who fhall have fuil Power and Authority to receive the faid Tax, aiv- ^ng Security to the faid CommifTioncrs. ■IV. AND 424 LAWS of North-Carolina. A. D. 1768. Impowered to meafure Vcfftls, IV. JND be it further Enabled, by the Authority nforefaid. That the faid Receiver of Port Currituck (hall have lull Power and Authority to go on Board any VtHel in his Port, in Order to meafure and afcertain the Burthen of fuch Vefiel •, and fhali likewile have Power and Autiiority to examine, on Oath, the Mailer of any Veflcl for that Purpofe. tax on VefTeis V. AND whcrcas the Taxes on VefTels in the before recited Act, for defray- ^uring m Bath, j^^g ^.j^^ Expence of crecting Stakes and Beacons, are found, by Experience, to be jnlufficient j Bt it therefore Enatled^ by the Mthority aforefaid, . That the following Taxes fhall be paid by the Mafter or Owner of each Velfel that fhall enter into either of the Ports of Bath, Roanoke, and Beaufort, to the Colledlors of the refpec- tive Ports, in Lieu of thole heretofore paid, that is to fay r For every Vefftl of Fifty Tonsj or under. Ten Shillings ; for every Veflel above Fifty Tons, and under One Hundred Tons, Twenty Shillings; and for evefy Veflel above OnC Hundred Tons, Thirty Shillings. NoVfffa! to be cleared, till Tax (>aid. VI. AND be it further Ena^ed, hy the Authority afore faid. That frorh and after the pafTing of this A6t, no Colledor of either of the aforefaid i^orts Ihall clear out any Veflel till the Mafter fhall have produced to him a Certificate from the Re- ceiver of the faid Tax of his having paid the fame, .under the Penalty of Twenty Pounds -, to be recovered'and applied in the fame Manner as is diredcd in the be- fore recited Ail. Commiflioncrs to vil. AND whereas the Commiflloners appointed by the before recited A61 to If unmmiflloncrs for the Na- vigation •, and for the Benefit of the Public, to allot and lay off a Part to every Branch Pilot who may hereafter attend to pilot and conduct Vcflcls into Occacock inlet, by a Leafe for fuch "Lot as is aliigned him during the Time of his Relidencc, and no longer-, and the CommifTioners, or a Majority of them, may remove any Pilot, difqualified, from any Lot or Houfe they ei-ect on the Ground leafed to fuch Pilot, and leafe the fame to other Pilots : And lor defraying the Expence of pur- chafing the faid Lands, and Ccmmiflioners Expence, the leveral Ports of Roc.ncke^ ,Bath, and Beaufort, Ihaii pay their reipective Quotas as in oth'^T Matters is directed ; and the faid Twenty Acres of Land, lo laid out by the Commiflioners, is hereby declared to be vefted^in the Commiflioners for the Time being, in Fee-Simple, to and for the Ufes, Intents, and Purpofes, before mentioned. PreamWe* Dl(r.>lute Pcrlons not to bs fiar- touted, CHAP. xni. Ah A51 concerning idle and dijfoliite Perfons. I. TT 7 H E R E A S in feveral Parts of this Province there are idle and difiblutc YY Perfons, that frequently commit atrocious Crimes, fuch as ftealing Hof- fes, robbing Floufes, and the like, to the great Injury of boneft and induftrious Inhabitants ; and as fuch Perfons are frequently harboured, maintained, and en- couraged, by fom^ Houfckeepers in this Province : For Remedy whereof, II. BE it Ena5fed, by the Governor, Council, and /'■Jfemhly, and by the Authority of the fame. That from and after the pafling this Act, no Perfon or Peribns what- foever Ihall harbour or maintain ia or about his or their Houfe or Plantation, or knowingly iuffer to refide on their Land, any loofe or diforderly Perfon, who has not any vifible Way of Maintenance, or is of a difhoneft Character, under the Pe- Baky of Twenty Pounds, Proclamation Money, for every fuch Offence ; to be re- covered' LAWS of North-Carolina. 425 covered by Action of Debt, in the Inferior Court of the County where the Offence <*• -O. ly^^^- is committed ; one Half of which Sum (hall be paid to the Perfon informing againft ^*^ir -* fuch Offender, and the other Half to be applied to the contingent Charges of the County ; and liich Offender fhall be further liable to be bound over to appear at the next Superior Court of the Diftridl where fuch Offence is committed, there to abide the Determination of the faid Court. III. AND be it further Enabled, by the Authority aforefaid. That on an Infor- Pmccedrngs on mation being made to any Magillrate in this Province, of any Perfon or Perfons, gafnftTny'perfon knowingly, entertaining in or about his Houfe or Plantation, or fuffering to refide barb^unng then.: on their Land, fuch loofe or diforderly Perfon, that it Ihall and may be lawful for fuch Magiftrate to iffue his Warrant againll fuch Offender, diredled to any lawful Officer within the County, commanding him to take the Body of fuch Cffender or Offenders, and to bring him or them before him, or fome other Magiftrate of the County j and further, command the faid Officer to fummon fuch Witnefs or V/it- neffes as may be thought neceffary for the Convidtion of fuch Offender : And on hearing and examining fuch Perfon or Perfons, and the Witntffes fo fummoned, he fhall, if it be requifite, bind fuch Perfon or Perfons to appear at the next Superior Court of the Diftriiii5 ap- m. AND be it further EnaSlcd, by the Authority aforefaid. That from and after the pafling of thi» liainted. p^^^ Culltn Pollock, and fohn Davifon, Efquires, Thomas Ballard, William Williams, and Daiid Stanley, Gentlemen, be, and they and every of them, are hereby conlli:uted Dircdors and TruHees, for dcfigning, building, and carrying on the faid Town ; and they fhall ftand feized of an indefcafible Eftate, in Fee-Simple, of and in the faid One Hundred Acres of Land, laid off as aforefaid, to and for the Ufes, Intents, and Purpofes, hereby expreffed and declared ; except Four Lots, known and defcribed in the aforefaid Plan by their refpedive Numbers Eleven, Twelve, Eighty Four.and Eighty Six, which are hereby referved, to the only Ufe and Behoof of the faid William Gray, his Heirs and Afiigns, for ever : And the faid Diiedors, or any Three of them, fhall have full Power and Authority to meet as often as they fhall think neceffary ; and to appoint a public Quay, at fuch Place on the faid River, within the Bound* of the faid Town, for a public I.anding, as to tiiem fhall feem meet. IV. AND LAWS of North-Carolina. 431 Lots to be drawn for. IV. AND whereas Subfcriptions have already been made for the greateft Part of the Lots laid ofF A. D. 1768 in the faid Town ; Be it Enaiied, by the Authority afore/aid. That the iaid Direftors, or a Majority of them, within Six Months after the pafllngof this Adt, fhall appoint a Time, and give public Notice thereof, for meeting the Subfcribers on the faid Land, for determining the Property of each particular Lot, which fhall be drawn by Ballot, in a fair Manner, by the Diredion, and in the Prefence of a Majority of the faid Direftors at leaft ; and each Subfcriber (hall be intitled to the Lot or Lots which fhall happen to be drawn for him, and correfpond with the Number contained in the aforefaid Plan of the faid Town : And the faid Direftors, or a Majority of them, Ihall make and execute Deeds for granting and conveying the faid Lots contained in the faid Town, to the refpedive Subfcribers for the fame, their Heirs and Afligns, for ever ; and alfo to every other Perfon and Perfons who fhall purchafe any other Lot or Lots in the faid Town, at the proper Cofts and Charges of the Grantee or Grantees to whom the fame fhall be conveyed ; and every Perfon claiming any Lot or Lots in the faid Town by Virtue of any fuch Conveyance, fhall and may hold and enjoy the fame in Fee-Simple. V. PROVIDED neverfhele/s. That the Grantee or Grantees of any Lot or Lots in the faid Town fo conveyed, iliall, within Three Years next after the Date of the Conveyance for the fame, erect, build, and finifh, on each Lot fo conveyed, one well fiamed or Brick Houfe, Sixteen Feet fquare at the leaft, and Ten Feet Pitch in the Clear, or proportionable to iuch Dimenfions, if fuch Grantee or Grantees fhall have two or more Lots contiguous : And if the Owner of any Lot in the faid Town fhall fail to purfue or comply with the Directions by this Act prefcribed, for building and finifhing a Houfe thereon, then fuch Lot upon which fuch Houfe fhall not be built and finifhed in Manner aforefaid, fhall be reverted in the faid Directors ; and the faid Directors, or the Majority of them, may, and are hereby impowered and authorized, to fell fuch Lot for the bell Price that may be liad, to any other Perfon or Perfons applying for the fame, in fuch Manner, and under fuch Reftric- tions, as they could or might have done if fuch Lot had not before been fold or granted. Vr. AND be it further EnaBed, by the Authority aforefaid. That the refpective Subfcribers for the faid Lots fhall, within one Month after it fhall be afcertained to whom each of the faid Lo^s doth be- long, in Manner herein before mentioned, pay and fatisfy to the faid Directors the Sum of Forty Five Shillings, Proclamation Money, for each [,ot by them fubfcribed for; and in Cafe of the Refufal or Neglect of any Subfcriber to pay the faid Sum, the faid Directors fhall and may commence a Suit for the fame, in their own Names, and therein fhall recover Judgment, with Colls. VII. AND be it further Enabled, That all Monies which fhall arife by a Difpofal of the faid Lots, granted by the faid Directors and their Succeflbrs, in Execution of this Act, fhall be received by the faid Directors ; and after their reafonable Charges and Expences are deducted, fliall be by them paid to the faid William Gray, his Executors, Adminillrators, or Affigns. VIII. AND for continuing the Succeffion of the faid Directors, until the faid Town (hail be in- corporated, Beit further Enafied, by the Authority aforefaid. That in Cafe of Death, Refufal to act, or Removal out of the Country of any oi the faid Directojs, the furviving or other Directors, or the Ma- jority of them, fhall aflemble, and are hereby impowered, from Time to Time, by Inftrument in Writing, under their refpective Hands and Seals, to nominate fonie other Perfon, being an Inhabitant or Freeholder of the faid Town, in tlie Place of him fo dying, refufing to act, or removing out of the Country; which new Directors, fo nominated and appointetl, (hall, from thenceforth, have the fame Power and Authority, in all Things concerning the Matters herein contained, us if he had been ex- prefsly named and appointed in and by this Act. VI hen to be fay- ed. Price to thfi Pro- prietuit. Moniei appropti* ated. Direftors contia nueJ, CHAP. XXVII. An A51 for vacating the Title of certain Perfons to Three Hundred Acres of Land^ fittmte on the lower Part of Cape Fear, and adjoining Fort Johnfton ; and for revefting the fame in the Crown^ for his Majefly's Service^ and the Benefit of the faid Fort and Garrifon. ^- '1X7' HERE AS by an Act of the General AfTembly, pafTed at Nexvbern, on the Twentieth Ttinttl VV T)Ay o{ April, in the Year of our Lord One Thoufand Seven Hundred and Forty Five, * intitled, An Aa for ereaing a Fortif cation on the loiver Part of Cape Fear Ri'ver, for applying thereto the Powder Money already arijen, or ixjhich fiall arife, by Shipping coming into the Port o/^Brunfwick ; certain CommifTioners were appointed, a Majority of whom were, by faid Act, inverted with full Power and Authority to erect and build a Fort or Battery in fuch Place on the lower Part of Cape Fear River, as to them rtiould feem mort convenient, for the Defence of the faid River ; in Virtue whereof, a PL-ice for erecting a Fort was agreed on by the faid Commiffioners, and a Fortification, by the Name of Fort Johnjion, was raifed, and hitherto has been guarded and maintained at a confiderable Charge and Expence to the Public ; and the Neceffity of guarding and maintaining of the faid Fort ftill con- tinuing for his Majefty's Service, and the Defence of this Province: And whereas a Patent for Part of the Land adjoining thereto has been furreptitioufly, and without the due Knowledge and Information of the Officers of the Crown granting the fame, obtained : And whereas from the Nature of its Situ- ation it is abfolutely nectfTary, for the Safety and Security of faid Fort and Garrifon, as well as foe the repairing and maintaining of the fame, that Three Hundred Acres of the faid Land, adjoining »he faid Fort, bounded as follows ; beginning at a Bridge the Mouth q{ Btnnet'i C^cck, running NortH 432 LAWS of North-Carolina. A. D. 1768. Title to Lands vacated. To be valued by North Sixty Seven Degrees Weft, Three Hundred and Thirty Two Poles, to a Creek called JiiJa''i Creek, running down the various Courfes of the faid Creek to where it empties itfeif into a Creek, called the Duuhman& Creek ; thence down the faid Creek to the Mouth thereof, in Cape Fiar; then up Cafe Fear River to the Beginning, including Fort -Johnjlon, and containing Three Hundred Acres, more or lefs ; fliould be revelled in the Crown, and remain for his Majefty's Service, towards repair- ing and maintaining of the faid Fort, and the Uie of the faid Garrifon, for ever. II. B E it therefore Enaaed, by tht Governor, Council, andJJJembly, and by the Authority of the fame. That for fo much Land as is contained within the Limits by this Ad fpecified, each and every Patent or Deed heretofore made or executed, io far as relates to the Land above fpecified, is hereby declared to be null and void, and of no Force, Validity, or EfFed whatfoever ; but that the abfolute Right and Fee-Simple of faid Three Hundred Acres of Land, be and remain in his Majelly, his Heirs and Suc- ceflbrs for ever, for and towards the repairing of faid Fort; and to fuch other Ufes and Purpofe* as his Majelly fliall diredl. III. AND that equal Right and Juftice may be done to the Patentees, their, and each of their Ju7yrand"the Heirs and AiTigns ; Be it Enaaed, by the Authority oforefaid. That a Jury of Twelve Freeholders, Fn^prietor paid, vvithin the County of BrunJ--wick, be appointed by the J uftices of the Inferior Court of the faid County, at the next Court to be held for faid County after the Firll Day of March next ; which Jury fliall be fummoned by the SheriiF of faid County, to view the afore mentioned Lands and Premifes, at fome Day between that and the then next fucceeding Court for faid County ; and Ihall take an Oath before fome Juftice of the Peace for the faid County (who is hereby authorized to adminiller the fame) to value and appraife the faid Three Hundred Acres of Land and Improvements, and make Return of fuch Valuation and Appraifement, and the Names of Perfons claiming the fame, under their Hands and Seals, to the next fucceeding Court for the faid County ; which faid Valuation Money the Public Treafurer'of the Southern Diftrift is required to pay to the firtt Patentees, or their legal Reprefema- tives, an4 to take one or more Receipt or Receipts for the fame ; which, with the Valuation returned by the Jury as aiorefaid, Ihall be recorded among the Records of the faid Inferior Court of Brun/ivick County, and be regiftered in the Regiller's Office of the faid County ; which Inqueft fo taken and re- turned fliall, and is hereby declared to be a perpetual Bar to the Claim, Right or Title, of any Subjeft whatfoever, to the faid Three Hundred Acres of Land and Premifes. IV. AND be it further Enabled, by th/ Authority aforefaid. That the Sheriff of Brunfwici Coaniy fliall fummons the Jurors appointed by the Inferior Court of the faid County, for the Purpofes in this Aft directed, at leail Five Days before the Day appointed for valuing and appraifing the faid Land and Premifes: A'nd every Juror being fo fummoned, and failing to attend and take fuch View of, and value and appraife fuch Land and Premifes, fliall be fined by the faid Inferior Court of Brunfwick, for each Neglect, Three Pounds, Proclamation Money ; to be levied as other Fines fet on Jurymen, and ap- plied to 'the Ufe of the faid County of Brunfwick ; unlefs the Perfon fined fliall, on Oath, fliew to the next Court fufficient Reafon for fuch Failure or Neglect. Tnror« to be fum» inoned. SIGNED by William Tryon, Eq-, Governor James Hafell, Prefident. John Harvey, Speaker. ANN O X,-^^5o/ North-Carolina. 433 A. D. 1768. • •4^'0* •^••^ "^^^ •§••$• •4s-$' •$*'^ 4- •$•*$• •C^'^^ls* •«^'$* •$•'$• 'C^*'^ '^'^ Y' •$••$• "^"^ "^"^ '^'^ "^'^ '^^ "9" *^*^i^ "^"^ ^"^i^ "^'^ ^"^ '^''i^ ^ % ANNOREGNI G E O R G I I III. REGIS, MAGN^ BRITANNIi^, FRANCIS, & HIBERNIi^i:, N O N O. At an ASSEMBLY, begun and held at Newkrn, the Third Day William T R Y o N , of November, in the Seventh Year of the Reien of our Sovereign Lord ^^'^' ^^''"^'■- " ° nor. GEO RGE the Third, by the Grace of God, of Great-Britain, France, and Ireland, King, Defender of the Faith, &c. and in the Year of our Lord One Thoufand Seven Hundred and Sixty Six 3 and from thence continued, by Prorogation, to the Seventh Day of November, in 'the Year of Lord One Thoufand Seven Hundred and Sixty-Eight : Being the Third SefliDn of this prefent AfTembly. CHAP. L An Act, to amend and explain an A5f, intituled. An Ai5l for cftablifhing an Orthodox Clergy. L \KJ H E R E A S by an A6b of AfTembly pafled at Nev}hern, on the Third Pr«.T,bi.. VV Day o{ May, in the Year of our Lord One Thoufand Seven Hundred and Sixty-five, intituled, An All, for eftahhjhing an Orthodox Clergy, it is amcn':^ other Things, Enadied, That if any Clergyman, prefented to any parochial Liv*^ ing within this Province, ihall be guilty ot any grofs Crime, or notorious Immora- lity, it (hall be lawful for the Governor or Commander in Chief for the Tin-e beirn-, by and with the Advice o^ his M:ijefty's Council, to fufpend the laid Clcraymrn from ferving the Cure of fuch Parifh whereof he was Incumbent; and ihS fuch Sufpenfion fhould be deemed good and valid, until fuch Time as the Bifhop of London Hiall either reftore or pafs Sentence of Deprivation on him. IL AND whereas no Provifion is made in the afore-mentioned Aft for fun o-- s..fprnf,.n of porting fuch Clergyman as may be appointed to officiate during the Sufpenfion of tTv "nrv'Ve' '^f any Minifter from ferving the Cure ot fuch Parifli whereof he was incimbcnt- Be •°«'<' •''= "■"'- it therefore Enacted by the Governor, Council, and Ajje^nbly, ard hy the Av.tkcrity of tke "■"'^"'^'"'"^• I i i fame. 434 LAWS of North-Carolina. A, D. 1768. fame. That when the Incumbent of any Paridi fliall be fo fufpended, that it fhall and may be lawful for the Churchwardens and Veftrymen of fuch Parifli, to allow any deferving Miniiler appointed and received to officiate in iuch Parjfh during the Sufpenfion of the Incumbent as aforefaid, the whole or any reafonable Part of the Proclamation Money, and of the Pcrquilues, as fuch Incumbent might or could have been allowed or intitied to in the Jaid Parifh, if no fuch Sufpenfion had hap- pened i any Law, Ufage, or Cuftom to the contrary notwithftanding. Preamblf, Where Vcftries have been c Icited end nivc qunhhed, other Vcftries I0 be ckacd. I'en. on Veftiv- men not qualify- ingt Continuance tie A£l. C H A P. II. An A£i to amend and continue an A£i^ intituled. An Ad concerning of Veftries. I. T Y r HER E AS the fald Ad of AfTembly, pafled at Wilmington, the Thirtieth y Y D y oi January, in the Fifth Year of his preicnt Majelty's Reign, was to contiraie and be in Force for and during the Term of Five Years, from and after the paiTing of the fame, and no longer ; which Term is now near expired ; and it being found necefTkry, in order to make Provilion for the Clergy, and for the tak- ing Care of the Poor, and Uie due Management of parochial Afiairs, that the fame Ihould be amended and continued : II. BE it Enacted^ by the Governor, Council, and Affemhly, and by the Authority of the fame. That where there hath bten an Fledion of Veftrymen, and the Veflrymen lb elcded have neglcded or refufed to qualify, agreeable to the before mentioned Ad, that the Freeholders of every fuch Parifh are hereby direded to meet at the ufual Place of eleding Veftrymen in every fuch Parilh, on Eafter Monday, next after the paffing of this Ad ; and then and there to chule and elcd Twelve Free- holders to ferve as Veflrymen -, which Veftrymen fo chofen, fhall be fummoned by the Sherifl", to appear and qualify, in the lame Manner, and fubjed to the fame Fines and Penalties, and be veiled with the fame Powers and Authorities as other Vcilrymen are by the before recited Ad ; and the Vcftry fo eleded, fhall ferve until the next general Election of Veftrymen, to be had on Eafter Monday, in the Year of our Lord One Thoufand Seven ilundred and Seventy ; any Thing in the before recited Act to the contrary notwiihflanding. III. AND whereas by the before-mentioned Act, known Diffenters from the Church of England only are lubject to a Fine of Three Pounds, Froclamation Mo- ney, for neglecting or refufmg to qualify when chofen Veftrymen, agreeable to the Directions ot the laid Act; Be it therefore Enaoied, by the Authority aforefaid. That every Perfon hereafter chofen as a Veltryman in any Parifh, and fummoned as by fold Act directed, and refufmg or neglecting to qualify agreeable to the Directions of the laid Act, fhall forfeit and pay the Sum of Three Pounds, Proclamation Money; to be recovered and applied as other Fines in the aforefaid Act directed. IV. AND be it further Enacted, by the Authority aforefaid. That this and the afore-mentioned Act, fhali continue and be in Force for and during the Term of Five Years, from and after tiic palling of this Act, and from thence to the End of the next Seflion of AfTembly \ any Thing in the aforefaid Act to the contrary notwithilanding. C H A P. III. An Act for efiablifAng a Militia in this Province, (a) w H E R E A S a Militia may be neceflary for the Defence and Safety of this Province : II. B E (a) See Act Dec. 1770, Chap. 4, for amending this Act. L A V/ S of North-Carolina. 4^5 II. B E it Enacted, by the Governor, Coundl, and Ajfembly, and hy the Authority ^' I>- i;g3. ^/ the far,ie. That all Freemen and Servants within this i'rovince, between the Age V"^'' — ~^ of Sixteen and Sixty, fhall compofe the Militia thereof; and that the leveral Cap- ed.' ""' ^ "^'^ tains of the lame lliall enroll the Names of all fuch Freemen and Servants of which their feveral Companies confift ; and iTiall, at their rcfpective General Mufltrs, return a Copy thereof to the Colonel of their refpective Rcgimi^nts ; under the Pe- nalty of Five Founds, Proclamation Money ; to be levied by a Warrant of Diftrefs from the Colonel of the Regiment, directed to the Sheriff oi the County to which thefaid Regiment belongs •, which Sherifl' fhall be paid out of the faid Penalty the Sum or Ten Shil'ings : And in Cafe any Sheriff ihall neglect or refufe to lerve fuch Warrant, he (hall forfeit and pay the Sum of Five Pounds ; to be recovered by- Action oi Debt, in any Court of Record, and be applied as herein after directed : Which Copy fo returned, fliall, by every Colonel, be returned to the Governor or Commander in Chief for the Time being -, under the like Penalty : And that all I'pn. f»r not zp. Perfons, after being fo enrolled, who fhali at any Time (unlefs rendered incapable y!.'"",^,„''^,j'^"c' by Sicknefs or other Accident) negled or refufe, when called upon, to appear at cout'ied/"^""* fuch Times and Places where ordered by the Colonel or Commanding Ofnccr, there to be muftered, tiained, and exerciled in Arms ; and be provided with a well fixed Gun, fliall forfeit and pay, if at a private Mufter, Five Shillings, if at a General Mufter, Ten Shillings ; and fhall alio be provided with a Cartouch Box, Sword, Cutlafs, or Hanger, and have at leaft Nine Charges of Powder, made into Car- tridges, and fizcabie Bullets or Swan Shot, and Three fpare Flints, a Worm and Picker ; under the Penalty, it at a private Mufter, the Sum of Two Shillings and Six Pence, if at a General Mufter, Five Shillings; to be levied by a Warrant of Dulreis, rrom the Captain of the Company, dirc^ed to the Serjeant of the fame; viho is hereby impowered to execute the faid Warrant, and diftrain for the faid Fines and Penalties, in the fame Manner as Sheriffs are impowered to difbrain for public Taxes, and fhall make Return thereof to the Captain ; which Serjeant fhall dedu'51: One Shilling and Four Pence, out of every Fine fo levied : And in Cafe fuch Serjeant or Serjeants fliall neglcft or refufe to ferve any Warrant or Warrants to him or them fo diredled, he or they for fuch Negledl or Refufal, fhall be fined Twenty Shillings ; to be recovered by a Warrant from the Captain, din ded to any other Serjeant ; under the fame Penalty ; to be accounted for, and applied as other Fines in ihis Act direded. III. PROVIDED always. That every Abfentee Hiall be allowed till the frov^f-, for Ab. r !• iv/r n i i • t^ - . . fentets to maks next fucceeding Mufter to make his Excule, before the Captain fhall iffue his ibciiExcuic Warrant ; unlcfs againll fuch Defaulters as he may fufpcft are about removing themfelvts out of the County before fuch fucceeding Mufler ; in which Cafe it fliall and may be lawful for the Captain to iffue a Summons to caufe llich fufpedled Per- fon to appear before him, to make his Excufc for fuch Abfence ; and upon hearing the fame, or upon the Perf(;ns refufing to obey fuch Summons, the Captain fhall then proceed as to him fliall fecm jufl : And every Perfon that fhall be fined by Virtue of this Aft, an-d fliaM think himfelf injured by his Officers, may appeal to the R'^ht of Appeal. next Court Marfhal ; fiift giving Security m the Sum of Twenty Shillings, Pro- clamation Money, to appear and abide by the Jut'gment of the laid Court; and if Judgment fliall be againit him, that he will then and there pay the Fine, with Two Shillings Coft. IV. PROVIDED alfo. That no Member of his Majefly's Council, no f^'^""' """p' Member of the Affembly, no Minifter of the Church of England, no PreJIyterian ^"'" ">"«'■•""»• Minifler regularly called to any Congregation in this Province, no Juftice of the Superior Courts, Secretary, pradifing Attorney, no Man who has bore a military Commiffir.n as high as tlut of a Captain, or commifT.oned Officer who has ferved roners, Conflables, Overfeers of public Roads, Searchers, or Branch Pilots, Iq I i i 2 lono- Pen onOvcrfcers appearingat Maf- ters, 436 LAWS of North-Carolina. A. D. 176S. long as they continue in OiBce, fhall be obliged to inlift themfelves, or. appear ^i fuch iVIufters. V. P ROF ID E D neverthelefs^ That in Cafe any fuch Overfeer, ha^-ing the Care of Six taxable Slaves, fhall be feen in the Mufter Field on the Days of gene- ral or private Mufter^ they Ihall be liable to a Fine of Forty Shillings ; to be levied by a Warrant from the Colonel or Commanding Officer, and applied as other Fines in this Ai5t directed. p> tfons incapahie VI. AND be it further Efiacted, by the Authority aforefaid. That if the Captain, rxJmrt' r'rn^X Lieutenant, or Enfign, or any Two of them, Ihall adjudge any Perfon or Perfons, Pm 'and to le gnrollcd 35 aforclVid, to be incapable of providing and furnifhing him or themfclves Kinw.""' ° with Arms, Ammunition, and Accoutrements, required. by this Aft, every fuch Perfon fhall be exempt from the Fines and Forfeitures impofed by Virtue of tins A61:, until fuch Arms, Ammunition, and Accoutrements, fhall be provided for and delivered him by the Court Martial ; to be paid for out of the Fines already collect- ed, and that may hereafter be coUeftedj fuch Court Martial firfb taking Security tor the fafe-keeping, and returning fuch Arms, Ammunition, and Accoutreaienrs, when required. Clerk, s .jMnt-s yjj_ AND he it further Enacted^- by the Authority aforefaid. That the Captain' Corporals, ann . 1 - 1 • 1^ • in 1 i i l • 1 1 - Drumn.er, to be of cvcry Company within this Province, ihall, and they are hereby required to chu!e r^''rom'tn'°"^' a Clcrk, three Serjeants, three Corporals, and a Drummer, for the (aid Company: ''^ '° ' Which faid Clerk fhall give his Attendance, with his Sword by his Side, on every Clerk's Duty. Muiler Dav, and call over the Roll of the Company, and take Notice of the Per- fons who are abfent on each of the faid Mufter Days -, and return, upon Oath, a true Lift of the Abfentees to his Captain •, and fball alfb, before the Company pro- ceed to their Exercife, read diftinftly, and with an audible Voice, at the Head of his Company, this Aft, and if the Clerk, Serjeants, or Corporals, or any of them fo chofen, (hall refufe to aft in the Oflice he is appointed to, he Ihall forfeit and pay the Sum of Forty Shillings. jnCafe^ofinva^. yjjj_ ^ j<[ J) beAt furthsT Efia^cd, by the Authority aforefaid. That in Cafe r!,"y' raiTrX' of any Infurrcftion within this Province, or Invafion, it fhall and may be lawful ^''"''' for the Governor or Commander in Chief for the Time being, or any Field Cfficer by him direfted, to raife all, or fo many of the Militia as ftiall be thought neceffary for oppofing fuch Infurreftion or Invafion •, and the Militia fo raifed, lliall perform fuch Duty or Service as they fliail be required to do by their Commanding Ofiicerj and it is he:.°by required and direfted, that the faid Militia fhall appear furnifhed with Arms, Ammunitian, and Accoutrements as aforefaid. p^n. fcrn.gieft- j^. AND bc it furthcr Enabled, by the Authority afcrefaid^ That every Perfon AWn/KTr who ftiall nealeft or refufe, on Call or Alarm given, to appear at fuch Times and to march ngaimi pi^^es as fhall be appointed by his Captain or other Oihcer, fliall forfeit nnd pay t e -nemy, &c. ^^^ Pounds, Proclamation Money -, to be levied by a Warrant from the Colonel or Commanding Officer, for that Service, directed to the Sheriff of the County where the Offender re fides : And fuch Sherift", who is hereby required and directed to ex- ecute the fame, fliall, for every Neglect or Refufal, forfeit and pay the Sum of Ten Pounds Proclamation Money ; to be recoveied by Action of Debt, in any Court of Record in this Province : And any Perfon who fliall refufe to march againft the Enemy when commanded -, or refufe or neglect to do his Duty, or perform the Service he is put upon by fuch Captain or other Officer ; or fliall quit his Poft, defert his Colours, or Mutiny, it fliall and may be lawful for One Field Offict r, or more, three Captains, three Lieutenants, and three Enfigns, or the Majority of them, openly to hold a Court Martial ; lirft taking the following Oath : coort Martial's "^ OXJ pall fivear^ well and truly to try and determine^ according io your Evidence^ in ^^"»' I the Matter novo before you, between our Sovereign Lord the King, and the Prijcner to be tried. SO HELP YOU GOD. A N D L A PV S of North-Carolika. 437 AND on Try al and Convidtion, to punilh the Oftxaickr according to martial '^< />• '7<58. Law, as the Nature of the Offence may require (Death excepted) and tor Want of fuch Number of Officers to compleat a Court Mart?^J, the Ofiender fhall be put under a Guard, until fuch Time as there are a fufficicnt Number to hold a Court Martial as aforefaid. To puniili Oi?,/i- ders. X. AND be it further Enacted, hy the Authority aforefaid. That the refpcftive Officers of the Militia, and the private Men, when in adual Service, fhali, from the pay they are ordered on Duty, be paid accordmg to the Rates following, to wit. C f d, 6 A Colonel ^fr Day, — — A Lieutenant Colonel per Day^ A Major, per Day, • A Captain, per Day, An Adjutant, per Day, — A Lieutenant and Chirurgeon, each, per Day, An Enfign, per Day, A Serjeant, per Day, '— — A Corporal and Drummer, each, per Day, Every private Man, per Day, 12 lO ID 7 7 5 4 4 3 2 Pay nftli* Mill, tia, when in ac. tual ^jcrrice. C.ip'i'n? to n-.of. ter their CoEipa- nics, And Ei.j-ht Penc be it further EnaSled, by the Authority aforefaid^ That the Colonels of each and every Regiment, fhal^, once in every Year, cauie a general Mufter t-o be made of their relpective Regiments, at the Court Houfe of their County -, which, if any of theni (hall fail or neglect to do, and fail to appear at fuch Mufters (Sick- nefs or Accident excepted) he or they fo offending fhall forfeit and pay the Sum of Twenty Pounds •, to be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record within this Province; one Half thereof to fuch Perfon who fliall fue for the fame, and the other Half to be applied as other Fines in this Act directed. Cmrt Miiitial to ht held. Ciiurt Miitial m?y ciil t ' Ac co«'it!'ci f'n<; c>w- jng ihcm M.'nies. Pen on Officers nCjjleflinp to ap pear at Myrters atri Court Mar-, tuls. XVII. A N D be it further EnaHed, by the Authority aforefaid^ That it (hall and may be lawful for the Field Officers and Captains of every County, or the major Part of them, whereof the Colonel, Lieutenant-Colonel, or Major, Ihall be one ; and they are hereby directed and required to meet at the Court Houfe of their re- fpeCtive Counties, on the Day next following their refpective general Mufters which Ihaii be in their Counties ; then and there to hold a Court Martial ; which faid. Court fnail have full Power to enquire into the Age and Abilities of all Perfons inlifted, and to exempt fuch as they Ihall judge incapable of Service ; and of all Neglects and OmilTions, as well by any Officers as Delinquents-, and to hear and determine all Appeals which fhall be made to the Court from any Officer or Soldier who may think himfelf unjuftly fined by his Captain, and to order and difpofe of all Fines -, in thefiril Place for buying Drums, Colours, and other NecelTaries for the Ufe of the Company from whence the fame fhall arife, and afterwards with fupplying the Mili- tia with Arms ; and the faid Court is hereby directed and required, to keep a Regif- ter of all their Proceedings -, and for that Purpofe to appoint a Clerk, and to allow him a reaibnable Salary out of tiie Fines. XVIII. A N D be it further Enacted, by the Authority aforefaid. That the Court Martial of every County fhall have full Power, from Time to Time, to call the She- riff, or any other Perfon or Perfons whatloevcr, to account, on Oath, who lliall pay to them the Monies in the Hands of him or them belonging to their relpective Regi- ments, ^that have accrued, or ftiail or may become due by Virtue of this or any former Militia Adt : And if any Sheriff or other Perfon fhall refufe or negledt to appear, account, and pay as aforefaid, he fliail forfeit and pay the Sum of One Hundred Pounds-, to be recovered with Cofts, by the Colonel of the Regiment to which fuch Money is or may become due, by A6lion of Debt or Inforniaticn, in any Superior Court; and to be applied to the Life of the Regiment: And vi/hcn any Suit fliall be brought by the Colonel, and he fhall happen to die, or be fuper- ceeded before fuch Suit fnall be determined, tiie lame fhall and may be carried on by the fucceeding Colonel, in the Name of his Prcdeceifor who brought fuch Suit ; and the Death of the Colonel, or his being difplaccd, fhall not be pleaded in Abatement of iuch Suit, nor be deemed Matter of Error ; any Law or Ufage to the contrary notvvithftanding. XIX. AND be it further Enacted by the Authority aforefaid. That every Colo- nel failing to appear at fuch Court, and every Lieutenant Colonel or Major failing to appear at the general Mufter, or fuch Court as aforefaid, for every fuch OfFtnce, fhall forfeit and pay the Sum of Five Pounds, Proclamation Money ; and every Captain LAWS C/' N O R T H " C A R O L i N A. 43 9 Captain failing as aforefaid, Ihall forfeit and pay Three Pounds •, and every Lieu- ^- ^- ^7^^- tenant or Enfio-n failing to appear at the General Mufter, Forty Shillings -, uiiids ^-•■*V**'-«f they (hall make fuch Excuie for their Abfence to the next fuccceding Court as the find Court fliall judge fufficient : An.l every Captain, or in his Abknce the caprain to return Clerk of the faid Company, iliall return, on Oath, an exafl Lid of the Ftrions =^;J''f^ "[hfiX^' who iiave been fined, and whether for Abfcrxe or Want ot Accoutrements •, and n?es, every Captain fliall then and there pay into the Court all fuch Fines as he lliall have received, under the Penalty of Fiity Pounds, to be levied by a Warrant from the Colonel J which faid Fine fhul! be applied as oth:;r Fines by this Adt are direded. XX. AN D he ii further EnaHed., by the Authority aforefaid. That €ach and every Captains tu pm. Captain fhall piocure a Copy of this Act, and lodge the lame with the Cleik of his [11"/^.^'^'' *' Company, and be allowed for the iame out of the Fines. XXI. AND be it further Enabled, by the Authority aforefaid. That no Officer M\\t>^ .exempt or Soldier ordered and directed by this i\St to appear at Mufter as aforelldd, fhall Mal« oljt °" .be liable to be taken or arrefled by any Oificer in any civil Adion or Procefs what- •foevcr, on the Day fuch ferfon is dircdted to appear, in any realbnable Time, either in oo'xnrr to, continuing at, or returning home irom the Place appointed to mufter, but every fuch Arreit is hereby declared to be if)fo fat'/o void ; and all Ollicers are hereby required to take Notice thereof; any Law, UTage, or Cuftom, to the con- trary, notwithflanding. XXII. AND be it further Enacted, by the Authority aforefaid. That every Per- Ard to, af Ferry fon liable to appear or mufter, going to, or returning from any Mufter, fhall be ''*' '" '^'"''e". fuffered to pafs over any Bridge, and jhall be put over any Ferry, without Delay, free from any Charge v,?hatfoever : And if any Ferryman lliall demand, delay, or refufe, to put fuch Perlbn or Pcrfons over, he fhall forfeit and pay for every fuch Offence the Sum of Twenty Shillings ; to be recovered by a Warrant from a Juftice of the Peace-, one Flalf to the Informer, the other iialf for the Ufe of tiie Parifh wherein the Offence was committed. t^iin nfpy ^i- n\\n a.i ail Oath. XX III. A N D be it farther Enaficd, by the Authority aforefaid. That when it c fhall be thought reqnifite to fwear any Perfon or Perfons upon any Trial before any "' Captain, about any i'uies or Venakies in this AiSl diredted, it fhall and may be law- ful for the fiid Captain to adminifter any fuch Oath. XXIV. AND be it further EnaFfed, by the Authority aforefaid. That this AcH: ront:nuanc!if ihall be and continue in Force for and during the Term of Five Years, and no '''* ''^^' Ion tier. C H A P. IV. Att Act to direH Sheriffs in levying Executions, and the Difpofal of Lands, Goods, and Chattels, taken thereon. E X P. C H A P. V. An A5i to am^nd and explain an Act, intituled. An A(5t for dividing this Province into Six feveral Diftrids ; and lor eftabliOiing a Superior Court of Juftice in each of the faid Diftrids, and regulating the Proceedings therein; and for pro- viding adequate Salaries for the Chief Juftice, and Aflbciate Juftices of the faid Superior Courts, (a) IV, A N D ^(? it further Enaiicity hy the Authority afarefaicl. That it fliall and may be lawful for any AfTociitcj Kcoj X \. AiTociate Jullicc of the faid Superior Courts to receive the fame Fees and Perquifites which <"of Sftviccs dor.f {1^2 out ot' Coutt, (a) The f.rft three i>(.'t^lons of this hiX, for allowing a iiabrj- to the AfTociates, expired. 440 LAWS of North-Carolina. Method o feruting wh»re I lives out Hruvince. A. D. iy68. the Chief Juftice might take, or would be intitled to receive, for taking the Probate or Acknowledg- W ii ^/■iiiiM^ ment of any Deed, Letter of Attorney, Private Examination of Feme Coverts, making Orders, tak- ing Affidavits, admjniftering Oaths, ^ and granting Certificates, or any other cuflomary IVlatter or Thing, which the Chief Juilice of this Province may or can lawfully do out of Court by Virtue of his faid Office. Nt Clerk to hjld V, /i N D ie if further EnaSe(f, hy the jiuthority afore/aid. That no Clerk of any Inferior Court two Arpo.nc- lliall be appointed to, or hold the Office of Clerk of any Superior Court in this Province, f pM- VI. AND whereas a Number of litigious Su'ts have been commenced and profecuted in the dif- Suits, ferent Courts in this Province, by Perfons Inhabitants of, and Rcfidents in neighbouring Colonies ; iaintiff wliich Suits the Plaintiff, after occafioning great Charges and Expence to the Defendant, either neg- '^^ ''"^ Icdl to profecute, or are caft in, from the Want of a fufficient Caufe of Aftion ; and being out of the Jurifdidion of the Court, the Defendant is witliout Remedy for fuch his Cofts and Charges : Be it therefore Enafted, by the Authority aforefai^. That no Council, or Sollicitor, or Attorney, fhall, for the future, commence or profecute any Suit or Adlion for any Perfon or Perfons, Inhabitants nf, or Refidents in any other Province, againll any Inhabitant or Refident of this Province, until he fhall have firft filed in the Clerk's Office of the Dillrift or County a Bond, with fufficient Security, payable to the Defendant ; with Condition for the Payment and Satisfadion of all fuch Sums of Money as the faid Plaincif}" fhall be chargeable with by Rcalbn of the Profecution of the faid Suit, whether the fame be due to the Defendant, Officers of the Court, Jurors^ Witneffes, or Surveyors ; to be recovered on & Sciri Facias, in the fame Manner as Judgments are recovered on Bail Bunds: And in Cafe any Councillor, Sollicitor, or Attorney, fhall bring any Suit, without taking and lodging fuch Bond as aforefaid, he fhall be liable to fuch Colls and Charges as may accrue or arife in the Inflances afbrefaid. R p'-allnjClaufe. VII. ji N D he it further Enabled, by the Authority aforefaid. That from and after the pnfTing this Aft, fo much cf the before recited A^t as comes within the Purview and Meaning of this Ad, is hereby declared to be henceforth null and void, to all Intents and Purpofes whatlbever. Preamble. Sales of Lanta fold 'in E)£ir>j'.i./H declired good. C H A P. VI. An A5f to relieve fuch Perfons uoho have purchafed Lands fold hy Execution^ and have not obtained 'Titles to the fame. HERE AS by an Aft of the General AfTembly, pafTed at Wilmington, in the Year One Tiioufaud Seven Hundred and Sixty Four, declaring Lands, and other real Ellate in this Province, liable for the Payment of Debts, and fubjcd to be taken in Execution and fold for that Purpofe, and Conveyances under fuch Sale to be made by the Sheriff' felling the fame ; and in Cafe of his Death, or Removal from Office, the Conveyance to be made by his Succefibr in Office : And wliereas many Trads of Land, in Virtue of the faid Ad, have been formerly taken in Execution and fold ; but by Reafon of the Death of the SherifrTL-lling the fame, and the Doubts of the fucceeding Ones, Titles have not been made to the fair and open Purchafers, who have paid the C'onfideration of fuch Sales at the Time of felling, which Doubts have aiifen from the Publication here of his Majelly's Royal Difallowance of that Ad : I'hat tliC f .ir Purchaler may be remedied herein, II. B E it Er!.iSlcd, by the Governor, Ciiiiuil, and AJfembly, and by the Authority of the fame. That any Perfon or Perfons who heretofore, and until the Publication of the Difallowance of the Ad afore- faid, have adually purchafed any Lands fold by any Sheriff" as aforefaid, and have bona fide paid th2 full Confidcration Money Tir the fame to the SherilF, for the Purpofes for which the fame was fold, and hath not, from the Oblbudions aforefaid, obtained a proper Conve\ance of the Title of fuch Lands from the Sheriff", according to the Diredions of the faid Ad, may, and are hereby authorized, to dfi^iand of the Sheriff now in Othce, or the Shcrift'for the Time being, of the County wherein fuch Lands lie, a proper Deed of Conveyance for the fame Lands : And fuch Sheriff is hereby autho- rized and requiied, on Application of the Purchafer as afrufaid ; and in Cafe of his or her Death, on the Application of the Heir, Executors, I.egatce?, or Affignees of faid Deceafed (where of Right it ou.u aiivi miy^'Tfy.,^^, lu opj^u.iii, aiiu \jy iii;> \-ujiijiiiiiiuii, lo conuuuce any I'reenoicier or fuch County, of fufficient Circumftances and Abilities, Colledor of the Public and Cc unty Taxes, of fuch County as have been, or hereafter (hall be deftitute of a Sheriff, to colled the Public Taxes now due, or that hereafter may become due from fuch County ; fuch Colledor firft entering into Bond, and fufHcient Security, for the true and faithful colleding of, and accounting for, the Public and County Taxes by him to be colleded, in the fame Manner, and under the fame Regulations, as by Law ading Sheiift's are required to do. V. A 'ND be it further Enaaed, ly the Authority aforefaid. That fuch Colledor Ihail have, ufej Their Powet and and exercife, the fame Power and Authority, to make Diftrefs for Levies, and be intitled to the fame AUowdnce, Coiiimifiions and Allowance, as by Law Sheriffs may have or are intitled to. CHAP. VIII. M /I 61 to amend an Ad, for eftahlijhhig Public IVarehoufes in the Totvns of Halifax and Campbleton, for the Injpetiion of Hemp and Flax, and other Purpofes. I "IT 7 HERE AS by the above-mentioned Ad it is, amongft other Things, direded, that the •''"'"'''*• VV Hemp and Flax to be received by the Infpedors Ihall be prized into Bales or Bundles, and in that Manner delivered out to tlic Exporter; and the Oath in the fame Ad enjoins them, amongft other Things, " That they ihall not change, alter, or give out, any Hemp or Flax, other than that •• for which the Receipt to be taken in was given ;" which Diredions and Reftridions have, on Ex- perience, been found very inconvenient and ufclels : II. BE it therefre Enclied, by the Governor, Council, and AJfemhly, and by the Authority of the fatne. Manner of prlx. That from and immediatL-ly after the paffing this Ad, the Inlpedor at each of the faid Warehoufes ing Hemp, ftiali, and is hereby direded, to prize all Ikmp and Flax by them received, and all fuch as they ihall hereafter receive, into good, fubftaiitial, and well hooped Hogflieads, of not more than Four Feet in Length, and Thirty Inches in Diameter at the Heads within the Croze ; which Hogfheads, when prized, ftiall be well lined and nailed, fit for Exportation : And tlie fiiid Infpedors, in Difcharge of ti.eir Notes, as by the Rules in the faid Ad prefcribed, Ihall pay out the lame in Hogftieads as afore- faid, of Six Hundred Weight netc each at Icaft, if required of that Weight by the Owner or Exporter : And the Perfon receiving out any fuch Hogftieads of Hemp or Flax lor Exportation fhall, for each Fees to the In- H^glhead, pay to the Infpedor delivering the fame. Six Shillings and Three Pence, Proclamation ^F'^flof. Money, for the Calk ; and alfo, for eVery Hundred Weight of Hemp or Flax therein, the Sum of Two Shillings, like Money, for Infpcdion, Prizing, and Nails, and Four Pence per Hundred for Warehoufe Rent ; which laft Sum of Four Pence per Hundred, to be paid by the Infpedor to his County Court, as by faid Ad is direded ; and inftead of the Oath by faid Ad direded, the faid In- fpedors fhall take tiie Oath following, lo zvit, YOU Jhall f'wear that you ivill car fully njievj and examine all Hemp and Flax brought to the It^are- ^'^^i^€\.ot* 0»tb.^ houje ix-'here you are appointed lifpedor ; that you ivill not recei-ve any Hemp or Flax that is not in your Judgment bright, clear, and merchaniable % but that you ivill, in all Things, ixiell and faithfully dif- charge your Duty in the Ojfice of an Infptdor, according to the beji of jour Skill and Judgment, and accord- ing to Law, 'without Ftar, Favour, Affeaion, Malice, or Partiality ; and that you ivill take no Fee or Rfwardfor any Thing done by you as Infpeaor, other than the Fees appointed by this Aa. SO HELP YOU GOD. K k k m. AND 442 L ji IV S of North-Carolina. A. D. 1768. , III. AND whereas the Aft for granting a Bounty on Hemp and Flax cultivated in this Province V.,— -^, — -.^ is now near expiring, and it being greatly to the Advantage of this Province to encourage the raifing Aft continued. thofe valuable Articles of Commerce ; Be it Enaaed, That the faid Aft, intituled, An Ail to encourage the Culture of Hemp and Flax, and other Purpo/es, or fo much thereof as remains unaltered by fubfequent Afts, Ihall be and remain in full Force for and during the Term of Four Years, to be accounted from the Time at which, by the Tenor thereof, it would otherwife expire. Repealing Chufe. IV. AN D be it further Enailed, That fo much of the Aft firfl: above mentioned, as is within the Purview of this Aft, is, and Hands hereby repealed and made void. Preamble. Stone Horfcs un dcr 14 Hand: not to run at CHAP. IX. An ASl to amend an A£l^ intituled. An A61 to reftrain the keeping of too great a Number of Horfes and Mares, and for amending the Breed. I. "WJ H E R E A S by an Aft of AfTembly, pafTed at Edenton, on the Twenty Third Day of No- YV member, in the Year of our Lord One Thoufand Seven Hundred and Twenty Three, inti- tuled. An Act to reftrain the keeping of too great a Number of Horfes aud Mares, and for amending the Breed; it is Enaftcd, among other Things, that no Perfon whatfoever fhall fufter, or let go at laige, any Stone Horfe or Horfes, of Two Years old, unlefs fuch Horfe or Horfes (hall be at leall Thirteen Hands in Height, under certain Penalties and Forfeitures in faid Aft fpecified : And whereas the fuf- fering Horfes of that Age and Size is found prejudicial to the Breed ; II. B E it Enailed by the Governor, Council, and AJfembly, and by the Authority of the fame. That from and after the paffing of this Aft, no Perfon whatfoever in this Province ihall fuffer, or let go at large, any Stone Horfe or Horfes, ol Two Years old or upwards, unlefs fuch Horfe or Horfes fliai'l be at leaft Fourteen Hands in Height, upon Penalty of forfeiting fuch Horfe or Horfes, or the Sum of Twenty Shillings, to the Taker up of every fuch Scone Horfe, provided the lame be found running at large not within the Confine of any Fence, Water, Marlh, or Swamp j any Thing contained in the aiorefaid Act, to the contrary, notvvithllanding. CHAP. X. An Act for dividing the County c/" Mecklenburg, and other Purpofes. Preamble. I. "^TTHEREAS by Reafon of the large Extent of the County of Meckhnburg, it is greatly in- VV convenient for the Inhabitants to attend the Courts of the aforelaid County, and other public Duties by Law required : Mecfelen'orR di- II. BE it therefcre EnaBed by the Governor, Council, and Affembly , and hy the Authority of the fame, vided, andTryon That from and after the Tenth Day of ^/r;7 next, the faid County of Mffi/^w^wr^ (hall be, and is County ercacd. jiefgby divided into Two diftinct Counties and ParKhes, by a Line beginning at Earl Granville^ Line, where it crofles the Catawba River ; and the faid River to be the Line to the South Carolina Line; and that all that Part of the faid County which lies to the Eallward of the fiid dividing Line ihall be a diftinct County and Parifh, and remain and be called by the Name oi Mecklenburg County, and St. Martin's Parifli'; and that all that Pan of the County lying to the Weftward of the fiiu dividing Line fhall be one other diftinct County and Parifh, and be and remain by the Name of Tryon County, and St. Thomas's Pari(h. Courts when III- AND be it further EnaSled, by the Authority aforefaid. That after the faid Tenth Day of held. April next, the Court for the faid County of Mecklenburg fliall be conftantly held by the Juftices thereof at the Court-Houfe in the faid County, on the i hird 1 ucjday in April, July, Odober, and January ; and alfo that the Court for the faid County oi Tryon (hall be conltantly held by the Juilices thereof at ftfch Place as Jhall be laid off and agreed upon by the Commiffioners herein after named, for the di- refting and agreeing with Workmen for building the public Buildings for the faid County oi Tryon, upon the Fourth Tuefday in April, July, Oilober, and January, in every Year, as by the Laws of this Province is or (liall be provided, and by CommifTion fhall be directed to the Juftices of the faid Coun- ties refpectively. Curt- Hod ff, IV. AND whereas the Court-Houfe of the faid County of Mecklenburg already built is not central, Ptifon,& Stocks, Be it further EnaRed, by the Authority aforefaid. That it (hall and may be lawful (at any Time after to be built. j^^ Expiration of Seven Years from the paffing of this Act) for the Juilices, with the Confcnt of the Majority of the Freeholders of the faid County, to fell and difpofe of fuch Court-Houfe, Piifon, and Stocks, already built, and to erect and 'build another Court-Houfe, Prifon, and Stocks, at any other Place in the faid County more central : And the Juilices of the faid County are hereby authorized and impowered to apply the Money arifing from the Sale of the old Court-Houfe, Prifon, and Stocks, to- wards building fuch new Court-Houle, Prifon, and Stocks ; and alfo to lay a Tax on each and every taxable Perfon in the faid County, fufficient to erect and finifh fuch new Court-Houfe, Prifon, and Stocks ; to be collected by the Sheriff of the faid County, and accounted for and paid to the JufticEs of the faid County, in the fame Manner as he is by Law to account for and pay other County Taxes ; to L A JV S of North-Caroliha. 443 to be applied by the JulHces of the faid County towards erecting and building the faid Court- Houfe, Prilbn, and Stocks, according to the true Intent and Meaning of this Act. V. AND be it further Enaiied, by the Authority afcrefcud. That nothing herein contained (hall be con ft rued to debar the Sheriff of the faid County of Jitt^-/i/;i^^;_g-, as it now ftands undivided, to make Diftrefs for any Levies, Fees, or other Duties, that (hall be due from the Inhabitants of the faid County on the faid Tenth Day q{ April, in the fame Planner as he might have d.^ne by Law, if the faid County l'..id reniaii.cd undivided J and the faid Le\iLS, Fees, and other Duties, fhall be accounted for in the ianic Manner as if this Act had never been made ; any Thing herein contained, to the contrary, notwithllanding. V/. P ROVII) E D al-n:ays. That nothing herein contained (hall be conftrued, deemed, or taken, r,, jip, to alter or derogate trom the Right and Royal Prerogative of his Mi.jelty, his Heirs and Sacce(fors, of of incorp-r!ti'ng granting Lette-s of Incorporation to ihe faid County of 'TTj'o^z ; and of ordering, appointing, and di- the County faved A. D. 1768. Sheriff to make D ftrtfs for Thxc! as before the Di- v.fi.n of the Cuunty, to bis Majifly. Comirifli.incrs appninted for fcuiiiling a Vixiaa, Ac. granting J_.ette.s 01 Jnco^p „.. .„ ...^ .„.„ ^„„.i., «, ^..ju,^, .i.,v. w. v.,vavi..ig, ajji^viuimj^, ai,u ui- recliue, the Ejection of Member- to reprefent the fame in Alllmbiy; and granting iVlarkets and Fairs tj be kept an; of Two Shillings. ^^^ ^''"* '"°' *•"* Proclamation Money, per Annum, Ibail Oe levied on each taxable Pcribn in the (aid County of T,yon, for Two Years, next after the faid PernhDay of April : And that al! Peribns who (hall neglect to pay the faid Tax till after the Tenth Day oi March, in each Year, (hall be thereafter liable to the fame Diftrefs as for Non-P.-^yment of Public Taxes} and the Sheriff" of the faid County is hereby required and direcled, on or beloie the 1 enih Day oi June in the faid Years, refpedlively, to account for, and pay the Money fo by him collected, to the CommiiTioners aforefaid, after deducting Eight per Cent. for his Trouble in collecting the fame ; and in Cafe of Failure or Negleft therein by tiie Sheriff, he Hiail be liable to the fame Penalties, as by Law may be had againft Sheriffs who neglect or refufe to account for and pay Public Taxes. ^ — _^ IX. PROVIDED neiierthelefs. That if the Money fo to be collefled (hall be more than fulficient to anfwer t^e Purpofes aforefaid, the Commiihoners (hall account for, and pay the Overplus thereof to ^"7 the Jullices of the faid County oi Tryon, to be applied towards defraying the contingent Charf^es of die faid Cuunty. Surplus appropri' X. AND be it further Enailed, by the Authority aforefaid. That the SherilFof the County of Try en for the Time being, after the faid 1 enth Day oi April, fliall account with, and pay to the public Treafurer of the Southern Diftrict of this Province, all Public Taxes by him collected j under the like Rules and Rellridicns, Pains, Penalties, Procefs, and Remedy, as other Sheriiis are by Law fubjeft to in like Cafes. XI. AND be it further Ena^td, by the Authority aforefaid. That after the faid Tenth Day of A'iril the County oi Tryon (hall be, continue, and remain Part of the Diffrid of the Superior Court for the 'D\Q.n&. oi Salijbury : And the Juftices ot the faid Inferior Court ot Trjc/; (hall, and they ate hereby diredled, before every Superior Court held for the Diffrift aforefaid, to nominate and appoint Six Freeholders to ferve as Grand and Petit Jurors at fuch Superior Court; a Lilt of which Jurors fo no- minated, (hall be delivered by the Clerk of fuch Court to the ShcrilF, who (hall, and is hereby re- quired, to fummon the Perfons fo nominated to ferve as Jurymen at the faid Superior Court; which jurymen lb nominated, (hall have and receive the fame Allowance, and fhall be under the lame Rules Fines, and Rellriftions, as other Jurymen in the refpedtive Counties of this Province. XII. AND whereas the Number of Jurors to (ervQ at the Superior Court in Salijhury, for the County oi Mecklenburg, vvcre formerly Seven Grand and Seven Petit Jurors; Be it Enaiied, by the Au- thority aforefaid. That the Jullices of \.\,^ QovkHty oi Mecklenburg HiynW, for the future, appoint only Four Perfcns to ferve as Grand Jurors, and Four Perfons to ferve as Petit |urors, at the faid Superior Coari oi Sail fury ; any Law, Ufage, or Cuftom, to the contrary, notwithllanding. XIIL AND be it further Enaffed, by the Authority aforefaid. That the Freeholders of the faid Pariihes o( St. Martin and St. Thomas, refpedively, fhall, on next Eafer Monday, meet at the Places where the Inferior Courts of the Counties oi Mecklenburg and Tryon aie held, then and there to choole and elect Veftrymen for the faid Parifltes of 6'/. Martin and St. Thomas ; which Vellrymen (hall be chofen, and in\ efted with the fame Powers and Authorities, and liable to the fame Rules, Reftriftions and Penalties, as the \ellries are by Law fubjedted to : Which Vellrymen (b chofen and eleded, (hall be and lemain the Vellries of the faid Pariihes of St. Martin and St. Thomas, until the Time by Lav/ appointed for the Ekdioii of Vellrymen throughout this Province. SherifF of Tryoa when to a^ ciunt for the Taxes, Tryon Part of S..L'jbury DIftrift, Jurymen to ai,>l>oinc<;d. Number of Jtirois fur Mccklciiburgt Vtftrics to Ic rhvfn for the Paiifhes of Sr. Martin and St. Thomas. Kkk z CHAP. 444 LAWS of North-Carolina. Prf«mble. ^- D. 1768. CHAP. XL Jh A^ for eJlabliJJjtng a fown in Mecklenburg County L tT THERE AS it hath been reprefented to this Aflembly that Three Hundred and Sixty Acrei VV of Land was gr;.nted to John Frohock, Abraham 4.txander, and Thomas Pulk, as Commif- fioners, in Truft for the County aforcfaid, for erecting a Court Ho ufe, Prifon, and Stocks, for the Ufe of (iiid County ; which faid Three Hundred and Sixty Acres of Land was afterwards by them laid cfF into a Town and Conimon ; and that Part of the fiid Three Hundred and Sixty Acres of Land bath likewifc been laid out into Lots, of Half an Acre each, on fome of which good habitable Houfe» have been cncled ; and that by Reafbn of the Hoalthincfs of the Piace aforefaid, and convenient Situ- ation thereof for Trade, the (aine might foon become eonfiderable, if it was erected ii.to a Town by lawful Authority ; to which tlic faid John Frohock, Abraham Al.xundi^r, and Thomas Po.k, Ccmmiffi- oners aforeHiid, who are now kizcd in Fee of the laid Three Hur.d.ed and Sixty Acres, and thofe who claim under them, having confenied : If. BE it therefore EnaSicd, by t be Governor j Council, and Ajjlmhly, and by the Authority of the fame. That the faid Three Hundred and Six'ty Acres of Land, fo laiu vtt ly the Commilfioners or Ti ullees a» aforefaid, be, and the fame is iiereby conlHtutcd, crect-d, and eliabliihcd, a Town and Town Com- mon, and (hall be called by the Name oi Charlotte. point- III, AND be it further EnaSed, by the Authority aforefaid. That John Frohock, Abraham Alexan- der, Thomas Polk, Richard Berry, ETquircs, and George Allen, and evc;y of them, be, and are hereby appointed Directors and TruUees, for directing the building and ca'r>i,,g on the faid Town ; and they ♦h :f ill ill be and remai 1 for a C m- iiion thereto; and that the (aid F-iircctfrs lliall infert a Murk or Num er on each Lot ; which faid Plan fnail be kept in fume convenient Piace in the faid Town, for the View of fuch Fufons who have, or incline to have a Lot or Lots in the fame. Town of Char- lotte tftibliiJu-d. Trnneef a tc tor builii Tr> excute Deds for L Its theiein. Provifn, f r f.iv. ing L'jis in fii.d fyyvn. IV. AND whereas Eighty Lots, already laid off In the faid Town, have been purchafed ; Beit iheicfre EnacJjd, by the Authority aforefaid. That the faid Directors, or* the Majority of them, ihqll jnake and execute Deeds for granting and conveying the f.iJ Eiglity Lots to the Purchaf.-rs, their Heirs and A..T!gns, lor ever ; and alfo to every other Perfon who ihall purchafe any other Lot or Lots in the faid Town, at the C( ft and Charges of the Grantee to whom the fmie fnall be conveyed, he or they paying to the Treafurer herein after appointed, the annu.'l Rent of One Shilling, for each and every Lot ; and every PerLn claiming any Lot Of Lots by Virtue of any fuch Conve)'ance, fliall and may hold the fame in Fee- Simple. V. PRO FID ED iicvirihelf. That every Grantee of any Lot or Lots in the fiid To>x n To con- veyed, or hereafter to be conveyed, fhall, within three Years next after the Date of the Conveyance Tr-afur^r rf the To*ii aipiiLiittil. SareefTi^n of Di- ndiuxi Itept lip. iin» riLi picii-iiuLu, iv.)r ouijuing ana nniming a nouie tneieon, men fhall not be built and finifhtd, ftall be revelled in the faid Directors; and they, or tiie Majoiity of them., may, and aie hereby impowered and auihoiized, to foil fuch Lot for the belt Price that can be had, to any Perf n appl)ing for the fame, in fuch Manner, and under fuch Rillriflions, as they could or might have dene il /uch Lot had not before been fold or granted ; and the Monty arifng by fucli Sale to be applitd as the Diredlors, or the Majority of them, fliall tliink proper, Lr the Ufe of the Town. VI. AND be it further EnaSed, by the Authority aforefaid. That Thcmcts Polk be, and is hereby appointed Treafurer of the faid Toun ; who fliall enter into B.ud, with fuflicient Security, to the Di- redcrs of the faid Town, in the penal Sum of Five Hundred Pounds, that he will well and truly ac- count with and pay the Monies he ll.ail iecei\e in Virtue oi his Ofhce, to fuch Perfon or Porfons as by this AiX he is directed ; And on the Death, or Removal out of the County cf the faid Trtafnrer, the remaining Diiedtors, or the Ma'ority of them, by Certi.lcate under their Hands and Seals, fliall no- minate and appoint one other of the faid Diredors to be Treafurer of the faid Town ; and fo in like Manner, from Time to Time, as often as the faid Office fliall become vacant as aforefaid ; and fuch Tieafurer or Treafurtrs fr,all enter into Bond, with ' ecurity, in the fame Manner as the Treafurer by this Ad appointed. VII. AND be it further Enaaed, by the Authority nforefaid. That in Cafe of the Death, RefuOd to ad, or Removal out tif the County, of any of the faid Direftors, the furviving or other Dircdors, cr the Majority of them, flial!, and are hereby impowered, fiom Time to Timo, by Inllrument of Writing, under their refpeclive Hands and Seals, to nominate fome other Perfon, being an Inhabitant or Freeholder in faid "i'own, in the Place of him {o dying, or refufing to ad, or removing out of the faid County; which Diredor fo nominated and appointed fliall, from thtncef rth, have the like Power and Authority, in all Things in the Matters herein contained, as if he had been cxprcffed by Name, and appointed by this Ad. CHAP. L A iV S of NoxTH -Carolina. 445 CHAP. XII. ^, D. 1768. An A^ for eftablijhing a 'Town on the Land of Benjamin Wynn?, on Chowan River » 1. TTTHEREAS ic hath been reprefentcd to this Aflembly, that the Land preamble, y Y of Benjamin IVynns^ lying on the Soutbiveft Siue of Cbotvan River, in Hertford County, where the Court inoufe and other public Building are credlcd, is a healthy, pleafant Situation, well watered, and commodius for Commerce; and the faid Benjjriiin IVynns having fignificd his free Confenc, by a Certificate, under his Hand and Seal, to have One Hundred Acres of the faid Land laid off for a Town and Fifty Acres for Town Common ; which will greatly promote the Trade and Navigation of the faid River : II. BE it therefore Enacted, hy the Cover 7tor, Council, and JJfembly, and by the TwnsfWinton Authority of the fame. That the Directors or Truftces hereafter appointed, or the "^^t)i.ft.d. Majority of t!;em, Ihall, as foon as may be, after the paffing of this Ad, caulc the faid One Hundred Acres to be laid oif in Lots of Half Acres each, w.th conveni- ent Streets, Lanes, and A) eys ; which Lots fo laid off, according to the Diredti- ons of this A6t, is hereby conltituted, erecled, and eftabiifned a lown; and (hall be called by the Name ol" JVintoH. III. AND be it further Enabled, by the Authority aforefaid. That from and after TiuUse, for the paffing of this Act, Henry Hill, IVdliam Murfee, 'John Baker, Maihias Brickill, 'vl!tn\l'f)Mti. Jofeph Liikenjon, Henry King, and Benjamin PFynns^ be, and thcy^ and every of them, are hereby conftitutcd Directors and Truitce-^ for the defigning, buiii.,ing, and carrying on the faid Town ; and they ihall Hand ftized of an indtfeafible Eftate, in Fee-Simple, of the faid One Hun..red and Filty Acres of Land, to and lor the Ufes, Intents, and Purpofes, hereby expreffed and dtcLred ; and they, or any Four of them, fnall have full Power and Authority, to meet, as ol'ten as they ihall think neceffary, and caufe a Plan thereof to be made, and therein to iniert a Mark or Nuraber to each Lot ; and as foon as the laid Town fhail be laid off as aforelaid, they, and each of them, ffiall have Power to take Sublcriptions for the faid Lots, of fuch Perfons as are willing to fubfcribe for them : And when the faid Directors ^o tafce FuIj- have taken Sgbfcriptions for Eighty Lots, or upwards, they Ihali appoint a Day, f'ripti..nforiMf, anl give public Notice to the Subicnbers, of the Day and ir lace appointed for the TLif^L ''"by drawing of the faid Lots ; which ihall be done by Ballot, in a fair and open Man- i^^""'- ner, by the Diredicn, and in the Prefence ot the Majority of the faid Diredors, at leaft ; and fuch Subscriber Ihall be intitled to the Lot and Lots which ffiall happen to be drawn for him, and correlpond with the Mark or Number contained in the Plan of the faid Town : And the faid Directors, or the Majority of them, Ihall make and execute Deeds for granting and conveying the faid One Hundied Acres of Land, in PI alf Acres as aforelaid, to the Subfcribers, their Heirs and Affigns, for ever •, and al'b, to every other Ptrfon who ffiall purchafe any other Lot cr Lots in the laid Town, at the Coll; and Charges of the faid Grantee to whom the faid Lot or Lots ffiall be conveyed; and every Perion claiming any Lot or Lots by Virtue of any fuch Conveyance, Ihall and may hold and enjoy the faa.ein Fee-Simple. IV. PRO V ID E D neverthikfs. That every Grantee of any Lot or Lots in Provifo, tot fav. the laid Town fo conveyed, fhall, within Three Years, next after theD.te of the '[iJa^ '" '^"^ Conveyance for the fame, ered, build, and finifh, on each l.,ot fo ccnveyed, one well framed, or Brick Houfe, Sixteen Feet fquare at the leaft, and Ten Feet Pitch in the Clear, or proportionable to fuch Dimenficns, if fuch Grantee fhall have two or more Lots contiguous : And if the Cwner of any Lot cr Lots Ihall fail to com- ply with the Directions in this Ad prefcribed, for building and finilTiing a Houfe thereon, then fuch Lot or Lots upon which luch Houfc ih:;li not be built and f^nilh- ed as aforelaid, fhall be revefted in the faid Djredors ; and the faid Diredors, or a Majority of them, may, and they are hereby impowcred and authorized, to leil fuch Iy;)t or L )ts fv!t'ucut wife, or drive or kill any Deer or Game on any Perfons Lands, v/ithout Leave of Leave, the Owner of fuch Land ; under the Penalty of Five Pounds, Proclamation Money, for each Offence; to be recovered by Aftion of Debt, in the Inferior Couitof the County wherein die Offence fhall be committed, by the Owner of the faid Land. CHAP. 448 LAWS of North-Carolina. A. D. 1768. CHAP. XIV. y?» //f/ for preventing the frequent Abufes in taking up and fecreting of Stray Horfes, in the Counties of Orange, Granville, Bute, Rowan, Anion, Mecklenburg, John- fton, Dobbs, Halifax, Edgcomb, Northampton, Hertford, Tyrrel, Craven, and Pitt, (a) Preamble. Method to be ta- ken with ftray H>rfee, when ta- ken up. I. TTTHEREAS it Is common for Horfes to ftray away from their refpeftive yy Owners ; by Reafon whereof the Owners are often lubjeft to much Lois, Difficulty, and Expence, before they can regain the Poffeffion ot luch Horfes : StTjyi after 10 Djyr, may be uled Method to be ta- ken with Srays after Apptaife- mcnt. II. B E it therefore Enacted, by the Governor, Council, and JJfembly, and by the Authority of the fame. That every Freeholder withm the Counties bclore-mentioned, who, irom and after the paffing of this Adf, (hail take up any ftray Horfe, iVIare, Gelding, or Colt, fhall, within Ten Days after the taking up of luch Stray, the Owner of fuch Stray being unknown to him, lead the fame before the Ranger of the County, appointed by his Excellency the Governor or Commander in Chief for the Time being, where taken up, and make Oath belore fuch Ranger to the Time of taking up the fame, and that it was taken up on his Land ; and alfo, to the Marks and Brands it then had, and that the fame have not been altered or defaced lince the taking up thereof i whereupon fuch Ranger is required to ifTue his Sum- mons to any Two honeft Freeholders of the Neighbourhood, who, after taking an Oath before the Ranger to that Purpofe, who is hereby authorized to adminifter any Oath by this Aft directed, Ihall view and appraife luch Stray ; which Appraift ment, with a particular and exadl Defcription ot the Marks, Brands, Stature, and Age of fuch Horfe, Mare, Gelding, or Coir, together with the Time of taking up oi i'uch Stray, and Place of Abode of the Perfon taking up the fame, fhall, by fucn Ranger, be entered in a Book to be by him kept for that Purpofe ; and thereupon the faid Ranger fhall have paid to him by the Perfon taking up the Stray, Five Shillings, Proclamation Money : And the Perfon taking up luch ftray Horfe, Mare, Geiding, or Colt, for his Trouble and Expence in taking the fame to the Ranger, and pay- ing as aforefaid, for the Services to be done by the Ranger, may demand, take, and receive, of the Perfon claiming the Property of the faid Horfe, Mare, Gelding, or Colt, Ten Shillings, Proclamation Money. III. AND be it further Enacted, by the /Authority aforefaid. That it fliall and may be lawful for the Perfon taking up any Stray, to keep PolTefTion of the fame; and at the Expiration of Ten Days, after Appraifement as aforefaid, a':d no Property proved by the Owner thereof, moderately to ufe the fame -, provided the faid Horfe, Mare, or Gelding, fhall not be fent or rode at any Time out of the County where taken up. IV. AND be it further Ejtacted, by the Authority aforefaid. That the Property of every ftray Horle, Mare, Gelding, or Colt, alter luch Appraifement, fhall be deemed to be vefted in the Perfon taking up the fame -, neverthelefs, it fhall and may be lawful for the former Owner thereof, at any Time within Twelve Months after fuch Appraifement as aforefaid, on proving his Property to fuch Stray, by his own Oath, or otherwife, either to demand and recover fuch Stray, or the Valuati- on Money, at the Eleftion of the Owner, deduding therefrom the Reward hereby allowed for taking up the fame, and the Money by him paid the Ranger for his Services : And in Cafe the former Owner (hall not, within Twelve Months from the Time of taking up of the fame, make Claim to fuch Horie, Mare, Gelding, or Colt, and prove, on Oath, or otherwife, the Property therein, the fame fhall be- long to, and is hereby declared to be the abfolute Property of the Perfon taking up of fuch Stray -, but it fhall, in like Manner, be lawful for the former Owner there- of, at any Time afterwards, upon proving his Property by the Oath of One or more indifferent WitnefTes, to demand and recover of the Perfon taking up the fame. ^aj See Act Nov. 1771, Chap. 6, for amending and further continuing this Act. LAWS of North-Carolina. ^9 rrovifc) where th'y i!ie (tfore being claiiTiCd. fame, the appraifed Value of fuch Horfe, Mare, Gelding, or Colt, dedufting ^' ■^• therefrom the Ranger's Fee, and the Reward for taking up of the faid Stray. V. P ROV 1 D ED always. That if after the Appraifement of any Stray, and Entry made thereof, with the Ranger aforefaid, fucii Stray ihoukl happen to die before the Owner thereof fhall make Claim, and prove his or her Right, the Per- fon taking up fuch Stray lliall not be anfwerable for the fame, unlefs fuch Death appears to have been occafioned by ill Ufage or Abufe. VI. AND he il further EnaSfed, hy the Authority aforefaid. That if any Perfon ^'"" ,° j^^' '/^"J' not being a Freeholder, lliall prefume to take up any Stray; or if any Freeholder (hall take up any fuch Stray, at any other Place than on his own Land, he or flie fo offending, fhall, for every fuch Offence, forfeit and pay Five Pounds, to the O'A'ner thereof; to be recovered with Colls, before any Jurifdiction, havmg Cogniz- ance tliereof, and be further liable to the Action of the Party grieved. hflti. rs, liking uu Sciays. VII. Provif.v P ROV ID E D nevertbekfs. That nothing herein contained fhall extend to prevent any Freeholder, or otiier Perfon, from taking up any ftray Horfe, iVlare, '5''"^ ^l"'" i Gelding, or Colt, and carrying the fame immediately io the Owner thereof, (a) OwnctV/ " r-r car- m- bcir Proref(1in!!S with Strays taken up wilhin three Yiars. IX. AND to the End that Horfes heretofore fbrayed away may be recovered by their refpective Owners •, Be it further Ena5ied, by theAiithority aforefaid. That all and every Perfon who iiath at any Time within Three Years before the paflino- , of this Ad, taken up any ftray Horfe, Mare, Gelding, or Colt, and hath not as yet difcovered tlie Owner thereof, and returned the fame; fuch Perfon fhall, within Three Months after the pafTmg of this A61, take fuch Stray before the Ranger of the County where taken up; and thereupon the fame Proceedings fhall be had, and the like Rules obferved, under the fame Rewards, and liable to the fame Forfeitures, as in and by this A61 is directed to be had and obierved concerning of Strays here- after to be taken up. X. AND he it further Ena-led, Jiy the Authority aforefaid. That for the more fpeedy Recovery of Strays, it lliall and may be lawful for any Perlon, at all Times hereafter, to look over and fearch the Entry Book, by this Adl direded to be kept by the Ranger of each County in this Aft named, for Iniormation of any Horfe Mare, Gelding, or Colt, which heretofore has, or hereafter may ftray away from the Owner thereof; the Perfon requefting fuch Search firft paying Eight Pence, Proclamation Money, therefor, to the Ranger keeping fuch Book. XI. AND he it further Ena^ed, by the Authority aforefaid. That every Ranger Rangers to adver- appointed in Virtue of this Act, within the Counties aforefaid, fhall, immediately L'i!c."' ''''^"'"'" after his appointment to faid Office, advertif^ the fame at the Door of the Court Houfe, and at each Church and Chapel within the County whereof he is appointed Ranger. XII. AND be it further Ena5?ed, hy the Authority aforefaid. That all and Repealing cUufc.-. every Adl and Acts iicretofore macie concerning taking up of ftray Elorfes, within Petfons may ftarrh I. - Kin- gei's • ■ • k for Int rmation Strays, of the Purview of this Act, is, and ftands hereby repealed. XIII. AND be it further Enacted by the Authority aforefaid. That this Act Si^Aa fhall continue in Force, for and during Three Years, from and after the pafTmg thereof, and till tiie End of the next Seflion of Affembly, and no longer. Cont;rii?.nce cf CHAP. XV. An AB to encourage the Importation of Britifh Copper Halfpence, and for making them u\i\^ a Tender for the Payment of f, nail Debts. Repealed l>y h;» in CoL.n- cii.' L 1 1 CHAP, (a) Section 8, rel-itive to the Penalty, for ufing Strays, altered, by Act Nov. 1771, Chap. 6. 450 LAWS of North-Carolina. A D. 1768. Preamble. Commiffipners appointed for building Prifon, ftc. Monies apprcipri- aud. Cnmminioners to account for the Monies they re- ceive. CHAP. XVI. yln A£l to appoint Commijfiomrs to build a Prifon, Pillory, and Stocks, on the Lot whereon the Court-Houfe now Jiands, in Duplin County. I. TT THfiRE AS the Prifon in the County o{ Duplin being lately burnt down, and it being ne- V V ceflary a new Prifon fhould be erei5led in faid County ; II. B E it EnaBed, by the Go'vernor, Council, and AJJ'embly, and by the Authority of the fame. That theHon. ^o^«5fl/«/_/c«, Efquire, Felix Kennan, Efquire, andMv. Da'vidThompfon, be, and are hereby appointed Commiffioners ; and they, or the Majority of them, fhall and may, and they are hereby required, within Six Months after the pafling of this Adl, to agree and contraft with Workmen for the building and erefling a new Prifon, Pillory, and Stocks, in and for the Ufe of the County afore- faid, on the Lot whereon the Court-Houfe now Hands : And if any of the Commiffioners appointed by this Aft Ihould die, remove out of the County, or refufe to act, the remaining Commiffioners Ihall appoint another Commiffioner or Commiffioners, in the Room or Stead of fuch Commiffiuner or Commiffioners fo dying, removing, or refufing to act ; and the Commiffioners fo appointed Ihall have the fame Powers as the Commiffioners appointed by this Act; III. AND whereas there is a confiderable Sum of Money belonging to the faid County in the Hands of the Sheriff, unappropriated ; Be it further Enailed, by the Authority afore/aid. That the faid Commiffioners fhall and may demand and receive, of and from the Sheriff of the County oi Duplin, fo much Money, not exceeding One Hundred and Twenty Pounds, as they Ihall think necefl'ary, for compleating the Buildings aforefaid ; and fhall by the faid Commiffioners be applied to the Difcharge of their Contracts for the building and finilhing the fame. IV. AND be it further EnaHed, by the Authority aforefaid. That the faid Commiffioners, after the Buildings afoiiefaid Ihall be erected and finilhed, Ihall render an Account of the Monies by tiiem received of the Sheriff by Virtue of this Act, together with that of their Dilburfements, to the Inferior Court oi Duplin County, for the Infpection and Approbation of the Juftices thereof. CHAP. XVIL An A51 to continue an A5f, intituled. An Act to amend an Act, intiuled, An Act for the Regulation of the Town o/" Wilmington. EXP. Rep. by his Ma- CHAP. 1 8. An Act for declaring certain Lots in the 7 own of Newbern, taken up jefty in Council. j^y fjyg '^ruftccs for promoting the Public School in the faid Town, faved and improved according to Law ; and to impower the faid Trujlees to collect the Subfcriptions due to the faid School. 19. An Act for defraying Crows and Squirrels in the feveral Counties therein mentioned, EXP. CHAP. XX. An Act for altering the Times of holding the Inferior Courts of the Counties therein men- tioned. PreamHe, I. "TT 7 HERE AS the Days heretofore appointed by Law for holding the Inferior Courts in the VV Counties of /JoTifl», /njcn, Gratifillc, Halifax, anA Hertford, have been found inconveni- ent for thofe whofe Bufinefs it is to attend fuch Courts : Courts when H- B E it therefore Enaded, by the Governor, Council, and Affembly, and by the Authority of the famBf held. That from and after the paffing of this Act, the Inferior Courts of Pleas and Quarter Seffions for the feveral Counties aforefaid fliall be held on the Days following, inftead of the Days heretofore appointed for holding fuch Courts, to nvit, Anfon, on the Second Tuefday in January, April, July, and OBcber; Granniille, on the Third Tuefdtiy in January, April, July, and Oiiober ; Roivan, on the Second Tuef- day in February, May, Au^ufl, and No-vtmber ; Hertford, on the Third Tuefday in February, May, Aiiguft, and November ; Hal fax, on the Third Tuefday in February, May, Augujl, and November, in each Year, for and during the Space of Four Years, and from thenre to the End of the next Seffion of Affembly, and no longer; any Thing contained in any Act of Affembly, paffed this prefent, or any former Seffion, to the contrary^ notwithftanding. Proeefs contrrned III. A N D be if further Enabled, by the Authority aforefaid. That all Actions. Suits, Writs, Procefs, to the Court Days Petitions, Indictments, Informations, and Prefentments whatfoever, heretofore commenced in, iffued in this Aamen- ^ ^^ returnable to, the refpective Courts aforefaid, the Time for holding of which is altered by tic;.,ed. ^ jljjg LAWS of North-Carolina. 45 f i7ov>. this Act, fhall be, and are hereby continued to the particular Days and Times hereby appointed : A. D. And all SubpcEnas for WitneiTes, and Recognizances for the Appearance of" Fei fons at tlie faid Courts, ihall be as effectual as if the particular Days for holding any of the faid Courts had been mentioned therein ; and the Perfons fummoned as WitnefTes, and entering into fuch Recognizances, ihjll be bound to appear accordingly. IV. AND whereas fome Doubts have arifen whether certain Inferior Courts within this Province^ Curts not men- not named in an Act, intituled. An jjii to amend and continue an ^il, intitttkd. An 4St to ejlablilh In- ti.ned in the In- ferior Courts of Pleas and i^arter SeJ/ions in the feveral Counties in this Pro-jince, are continued by tiie ^" '"■ Court Ad>j faid Act ; Be it thcrrfo. e Enailtd, by the Authority aforrjaid, and it is hereby declared. That the faid Jn- dechrcd valid. Inferior Courts of Pleas and Quarter SefTions witnin this Province, not named in the aforefaid Act, and all Pxocefs, Pleas, and Proceedings tlierein, of what Nature or Kind foever, are, and Ihall be continued to the rcfpective Days and Times for holding the fame, fpecified in an Act, intituled, Ait A3 to ejlablijh Inferior Courts of Pitas and Stuartcr Scjjioits in the federal Counties in this Pro-vince, fcr and during the Continuance of ihe faid Act herein lalt mentioned : And that all Proceedings heretofore had in fuch Iiiiericr Courts, held on the refpective Days and Times fo fpecified as aforef-iid, arc hereby declared valid, to ail Intents and Purpofes, as if the fame Courts had been exprelsly mentioned in the faid Act heiein firft mentioned. V. JKD be it further Enabled, by the Authority aforefaid. That fo much of an Act of Aflembly, R'pfalingClaufc, intituled, An AEi to ejlablijh Inferior Courts of Pleas atid garter Scficus in the fcveral Counties in this Profi'ice; and of another Act, intituled. An Act to amend and continue an Act, intituled. An Act to cjlablijh Inferior Courts of Pleas and i^arter Stj/ions in the Je-vei al Counties in this Province ; as comes wiihin thePur\ie\v of this Act, is, and fliall be from henceforth repealed and made void. CHAP. XXI. Ptcamble. An AB for making Provifton for the Payment of the Forces raifcd to fupprefs the late In- furretlion en the Wefi^Fn Frontiers^ providing for the Public Claims y and for the more eafy collecting the annual Taxes oj Government. HERE AS from a late dangerous Infurrection in the Weilern Frontier Counties in this Province, for the SupprefTion vvhereof his Excellency the Governor was obliged to raife De- tachments of the Militia, a lar^e Debt is become due for the Payment and Subfillence of thcfe Troops ; .and the great Scarcity of Money rendering it impoflible to raife a fuflicient Sum to pay ofl' that Debt, or to difcharge the large Sums due from the Public, for running the dividing Line between this Pro- vince and the Indian Hunting Grounds, and other Claims on theTreafury; it is but jull and equitable that thofe Troops, as weli as the other Creditors of the Public, Ihould have their Demands fecured by Certificates on the Public Treafury. II. B E it therefore Enaiiei by the Co'verncr, Council, and Affemhly, and by the Authority of the fame, Notes on tfie That the Perfons herein after named may, and they are hereby authorized and inipowered, to make Treafury to be and fign Certificates or Notes, on the Public Treafury, of fuch Denominations as they fhall think '*f""'' convenient, not exceeding the Amount of Twenty Thoufand Pounds, Proclamation Standard. III. AND for difcharging the fame. Be it EnaBed, by the Authority aforefaid. That a Poll Tax of t^x laid to ear Two Sli^Uings, P.otlamation, fliall be levied on each taxable Perfon in this Province, to commence them cfl". fi r the Year One Thoufand Seven Hundred and Seventy One, and continue until the Sum for the above mentioned Certificates be fully raifld ; which Tax fhall be paid into the Public Treafury, an- nually, by the Sheriffs ; under the fame Penalties, Rules, and Reftriftions, and with the fame Allow- ances, as for other Public Taxes, either in the C' mmodities as herein after rated. Proclamation Bills, cr Gold and Silver; and the Produce of the faid Tax fliall be applied in Payment of the faid Certifi- cates ; which Certificates fhall be in the Form following, 1,7's;. Form Notes. of ifie " ' I "^H E Province of North Carolina is indebted to the PofTelTor hereof Proclamaticti X. " Mon'y, to be j)Hid out of the Public Treafury, on Demand, at any Time after the Tenth '• Day of June, One Thoufand Seven Hundred and Seventy Two, according to Ad of Aflembly, " pa/Ted December, 1768." IV. AND be it further Enacted, That the Honourable Ja/Bw f/a/-//, ?LnA Leivis De Rojett, Efqrs. Comm^flloncra Richard Cafv;ell, and Thomas Clifford Hoixe, Efqr: . fhall make and fign the Certificates, in the Form app'intcd to ifiue aforefaid, to the Value afore- mentioned ; for vshicn they fhall be allowed One /^/- CV///. and after '*'^™. '° ''^^ making and figning the faid Ceitificates, they fliall forthwith deliver the fame to the Public Treafu- '^'"'"'•='^1 ^^'"^ rers ; who are hereby ordered and impoi\ercd to give and deliver to fuch Ferfon or Perfons refpeilively, ^^^ "the^'VubUc to whom the Public fhall Hand indebted at the 'Fime of paffing this Ad, fo much in Value in the faid Cieditors. Certificates as flrill amount to their rcfpective Demands, to Serve as a Teilimony and .--ecurity of the Debt fi) due, till the f.ime ihall be paid oif and difcharged, by the Taxes as herein ordered to be levied and collected for that i'uipofe. V. AND the better to enable the induflrious Poor of this Province to difchar£;c their annual Taxes Tjxes to b (except the (inking Taxes heretofcie laid) Be it Enacl^d, by the Authority aforejaid. That Jiifjiectors '" C mmm Promillijry Notes or Receipts for the following Commoduies, being good'and merchaucuble, and in- ^^'^. '^'"''" i- 1 1 2 fpceled ''^^''" paid ihcp.i. 452 LAWS of North-Carolina. A. D. 1768. fpefted and pafled as fuch, at the Infpeflions by Law eftablifhed, /hall be received by tlie SherifFs, or ^^,,-1^— ,_/ other Colleftors of the Public Taxes, in Difcharge of fuch Taxes, at the Rates following, yiz.. To- bacco, at Fifteen Shillings /^r Hundred Weight} Hemp, inthled to a Bounty, at Forty Shillings /)^r Hundredweight; Rice, at Twelve ShIiJings *^r Hundred ./'eight; Indigo, at Four Shillings per Poutid; Bees Wax, at One Shilling /ifr Pound; Myrtle Wax, at Eight Pence /if/- Pound ; Tallow, at Six Pence /fr Pound ; Lidum dreffed Deer Skins, not weighing lefs than One Pound each, at Two Shillings and Six Pence /cr Pound. And all Sheriffs, and other Colledors of Taxes, are hereby re- quired to receive fuch Infpedors Notes, from any Perfon offering the fame in Payment of Taxes (ex- cept on the finking Taxes herein before excepted) at the Rates above fpecified, fo that they be ten- dered between the Firll Day oi January and the Tenth Day oi March, in each Year, and not after; and fo that the Commodity for which the Infpedors PromiiTory Note, fo tendered, was given, fhall have been duly inTpedcd and pa/TeJ within three Months of the Time of tendering the lame to the Sheriff or Co]le«5i. .i^-iiis. *^ .!J5.-8i. ^^ -a. ^^ ^^ ^^ .i:..gs» ,45.^ ,*,^ ^ ^ ♦••••''■■ ^ ' ' ' jw ANNO REGNI G E O R G I I III. REGIS, M A G N ^ B R I T A N N I /E, FRANCIS,, & H I B E R N I iE, N O N O. At an ASSEMBLY, begun and held at Newbern^ the Twenty-third Day of OSfoher^ in the Ninth Year of the Reign of our Sovereign Lord G EO RG Ethc Third, by the Grace of God, oi Great-Britain, France y and Ireland, K.ing> Defender of the Faith, &c. and in the Year of our Lord One Thouland Seven Hundred and Sixty- nine : Being the Fir ft SefTion of this prefent AfTembly. WILLIAM T R Y O N, Efq; Gover- nor. C H A P. I. An A£i for appointing an Agent to folicit the Affairs of this Trovince at the feveral Boards ?■« England. EXP. CHAP. 2. An A51 for confirming the Ratification of Henry Lockey, Sheriff Had its T-kia, of Beaufort County. CHAP. III. An A£i to encourage the deflroying of Vermin in the feveral Counties therein mentioned, (a) L T T 7 H E R E A S the Counties oi Mecklcnhurgh, Rowan, Tryon, Carteret, Bute, Y Y zT\d Granville, are much infefttd wich Wolves, and other Vermin, to the greac Prejudice of the Inhabitants : n. B E it Enacted, by the Governor, Council, and AffemUy, and by the Authority of the fame. That every Perfon who Ihall kill any of the Vermin herein after- mention- ed, within Ten Miles of any fettled Plantation in any of the laid Counties, fliall be entitled to a Claim on the County where fuch Vermin ihall be killed, to the leveral Rewards as follows ; For every Wolf, Seven Shillings and Six-pence. And fur every Panther, Seven Shillings and Six-pence ; to be be paid as herein after directed. III. AND he it further EnaUed, by the Authority afcrefaid. That any Perfon who fhall have a Claim for killing any ot the aforefaid Vermin, are hereby directed to produce the Scalp of the aforefaid Vermin, with both Ears, before a Magiftrate, who is to adminifter an Oath to fuch Perfon claiming the iame, that it was taken and killed within the Bounds of fuch County v/here the Claim ihall be made : And if any Slave or Indian that fhall kill any Vermin, of which the Head or Scalp lliall be produced as aforefaid, the Marter or Owner of fuch Slave or Indian, or he that makes Claim for fuch Scalp or Scalps, in Behalf of any Slave or Indian, fliall make Oath before fuch Magiftrate, that he verily believes the iame was taken and killed v/ithin (a) This Adl further continued by Ad Nov. 1771, Chap. 13. Preamble. Prfmium for kil- ling Vermin. How Tccovcrftl. 454 L A JV S of North-Carolina. A. D. 1769. And paid. within the County wherein the fan:ie was claimed •, which Oath being adminiftered, the Magiftrate is hereby direfted to give a Certificate for the iame, and immediate- ly caufe fuch Scalp to be deftroyed, IV. AND be it further Enactedy by the Authority aforefaid. That any Perfon having a Certificate Irom any fuch IVIagiftrate, fhall, upon producing the fame to the Court of the County where fuch Certificate was obtained, be entitled to the Sum or Sums due upon fuch Certificate -, which fcveral Sums fo paid, fhall be allowed by the Court, out of the County Tax. Jn'^ih^uZ '"''' ^- AND he it further Enacted, by the Authority aforefaid. That the feveral Juf- tices of the Inferior Courts of Pleas and Quarter Scflions within the faid Counties^ are hereby required, authorized, and impowered, to lay a Tax on the ieveral taxa- ble Perfons within their refpective Counties for difcharging the faid Claims. Continuance the Aa. of VI. AND be it further Ena^fed^ by the Authority aforefaid. That this Aft fhall be and continue in Force, for and during the Term of Two Years, and from thence to the End of the next Seffion of Aflembly, and no longer. Preanrjblc, Ferries and T^ill BriJges to be free. CHAP. IV. jin A£l to impozver the Jujiices in the feveral Counties therein mentioned^ to ejlablijhing free Ferries and Bridges in their refpective Counties , ajtd lay a 'Tax for defraying the Charges thereof. I. IT THERE AS by Reafon of the feveral Rivers running through tlie Counties of Hertfordt Y y Pafquotank, Rowan, MeckUnbwg, Pitt, and lyrrel, the Ferries and Bridges over which it is neccflary for many of the Inhabitants to pafs, to attend tiie Courts and other public Meetings at the Court Houfes in the faid refpeftive Counties, are expenfive and burthenfome to fuch Inhabitants : II. BE it therefore Ena£ied hj the Governor, Council, and AJfembly, and In the Authority of the fame. That the JulHces oi the laid refpedtive Counties, or any Seven or more of them, be, and are hereby impowered to agree with the Owner or Ownersj Keeper or Keepers of any Ferry or Ferries, Toll Bridge or Bridges, within their refpeftive Counties, as they (hall think necefl'ary, for fuch Sum or Sums of iVloney as fli»ll appear to them reafoiiable, to fet over fuch Ferry or Ferries, or let pafs over fuch Toll Bridge or Bridges, any of the Inhabitants of the faid refpeftive Counties requiring the fame, iree from any Charges whatfoever, on any of the Days of the Sitting of the Courts, Eledion of Mem- bers of Aflembly, or Velbymen, Meeting of the Veftry, or General Mufters of the faid Counties. III. A N D be it further Enadcd, by the Authority aforefaid, That the Juftices of the faid Counties are hereby authorized and required, yearly, and every Year, at the fame Time that they lay the Coun- ty Levy, to lay a Tax, not exceeding bix-pence, Proclamation Money, on each and every taxable Perfon in their refpeftive Counties ; to be colledled and accounted for by the Sheriffs with the Juftices of the refpedive Counties, in the fame Mannei as other County Taxes, and by them applied to the Difcharge of the feveral Contradts to be made in Virtue of this Ail ; and the Overplus (if any) to the contingent Charges of the County. * IV. AND be it further EnaBed, by the Authority aforefaid. That each and every Ferryman, Owner or Owners of any fuch '^1 oil Bridge or Bridges, with whom the juftices fhall agree as aforefaid, Ihall be, and they are hereby obliged to fct over. Ferriage free, or fuffer to pafs over fuch Toll Bridge or Bridges, without Toll, any of the luhabiiants of the refpedive Counties, on the Days and Times aforefaid; under the Penalty of Twenty Shillings, Proclamation Money, for every Offence ; to be recovered by the Party grieved, before any juftice of the Peace, and applied to his own Ufe. Bond to be given. V. AND be it further EnaSed, by the Aifthority aforefaid. That it fhail and may be lawful for the Juftices of the faid refpedive Counties, to take Bond and Security of all fuch Ferry keepers or Owners of any Toll Bridge or Bridges, with whom they ibaU agree as aforefaid, in the Sum ofl wenty Pounds, for the due and faithful Performance of the Duty enjoined them by this Ad. Tax laid for ply- ing the Owners. Pen. for Neglcft to fet over Vir- ions, Public Ferry ap- j)oinlcd. Continrance tlie A«, VI. AND be it further Enacted, by the Auihority aforefaid. That the Ferry crofting the 7'adkiM River, where the Trading Path croftes below the iftand, where tlie Ferry is new kept in Rozvan Coun- ty, be, and is hereby declared to be a public Ferry ; and that no other Ferry fhall be kept on the faid River within Four Tviiles above or below the fame. VII. AND be it further Enaded, by the Authority aforefaid. That this Ad fliall be and continue in Force for and during the Term of Ten Years, after the paffmg thereof, and from thence to the End ot the next Sefiion of Affembly, and no longer. ANNO LAWS of North-Carolina. 455 yf. D. 1770. ANNO REGNI G E O R G I I III. REGIS MAGNiE BRITANNIiE, FRANCIS, & HIBERNl^, U N D E C I M O. At an ASSEMBLY, began and held at Newberny the Fifth Day William of December^ in the Eleventh Year of the Reign of our Sovereign T r y o n. Lord GEORGEihQ Third, by the Grace of God, o( Great-Britain, l^^ ^°'"" France^ and Ireland, King, Defender of the Faith, &c. and in the Year of our Lord One Thoufand Seven Hundred and Seventy j being the Firft Seffion of thisprelent Aflembly. CHAP. T. An /i£l for preventing Tumults and riotous /l£emblies^ for the more fpeedy and effeEfual puniflnng the Rioters^ and for rejloring and prefcrving the Public Peace of this Pro- vince. EXP. C H A P. 2, An ASl to encourage the further Settlement of this Province. Reppaled by Pro- claniation. 3. An Act for foundings ejlablifloing^ and endowing of Queen's College, in Repealed by Pro- the Town of Charlotte, in Mecklenburg County. damation. CHAP. IV. An ASf for an Addition to, and Amendment of an Acf, intituled. An Ad for infi a Militia. ippomt- I. ■fT 7" HE R E A S there are in divers Parts of this Province feveral of the People called Ql.gcd to muft.r, mufter at any general or private Muder within this Province, nor be liable to any Fines or Penalties for not appearing and jnullerint; ; any Law, Ufage, or Cullom, to the contrary, notwithftanding. HI. PRO. 456 LAWS of North-Carolina. Jt. D. 1770. III. PROVIDED nenjerthelefs, and he it EnaSicd, hj the Authority aforefaid. That the Colonel, V»»— v"*—^ or chief commanding Officer of the Militia in every County, Ihall lilt all Male Perfons of the People But to be irilifted called Quakers, between the Age of Sixteen and Sixty, within his County, under the Command of under a Captain ; ^^.j^ Captain as the Govemor, or Commander in Chief for the Time being, fhall think fit: And if, turns obliged to "pon any Invafion or Infurreclion, the Militia of the Counties to which fuch Quakers belong fliall be feive, or find drawn out into aftual Service, and any Quakers fo inlifted fhall refufe to ferve, or provide an able and Subftitiitcs, on fufficient Subllitute in his Room, if thereto required by the Colonel, or chief Officer of the Militia of I'en. ofiol. his County ; in fuch Cafe, every Quaker fo refufing to ferve, or provide a Subflitute as aforefaid, inall forfeit and pay Ten Pounds ; to be recovered before any Juflice of the Peace of the County, upon Complaint of the Colonel or chief Officer ; and to be levied by Dillrefs and Sale of the Eftate of the Quaker fo refufing ; which Sum fhnll be applied, by the faid Colonel or chief Officer, towards pro- viding a Subllitute in the Room of fuch Quaker, upon whom the fame fhall be levied as aforefaid. Not to exceed jy. /* iJ O /^/D iTZ) fl/ii'^j/, That the Number of C^akers required by the Colonel or chief Officer the I'.oportiun ^f g^y County to ferve, or find SublHtutcs as aforefaid, (liall not exceed the Proportion the whole Oink^""b'" w Number of Quakers bear to the whole Number of Militia upon the Muller Rolls of the faid County. the whole Mili- tia. V. P ROVIDED alfo, and be it further Enabled, hy the Authority aforefaid. That no Man under K.ir exempt (torn ^y^g Denomination of a Quaker fliall be exempted from Muilers and bearing Arms, or from paying mui eimg ^wn^j^ fuch Fines and Forfeitures as by Law inflifted, in Cafe of Refufal or Ne^led, without producing, if of hii bein" a required by the Colonel or chief Officer of the Militia, a Tellimonial or Certificate from the Monthly Quaker. Meeting, that he is confidered and accepted as a Member of that Society. Fathers or Mo- Yj_ WHEREAS by the before recited Aft, fundry Fines are direfted to be paid by Perfons who ''^T' ^^'*r\r nsgl^*^ o"" J'efufe to appear at Mufters, or on Call or Alarm given, to appear at fuch Times and Places ior thcFme^ ''"'^ P'*'- dities within his Dilirid ; and flirdl provide an Iron to b'and any of the Commodities, bearing the ^'^e a Brdnd. Name of the Infpector, and hi:. Place of Refidcnce : And if any infpeclor, fo appointed and fA'Orn, pj„_ for N glcft fhall negled his Duty, or brand or llamp any of the Ciinniodities contrary to this Ad, or brand any cf Duty or empty Barrel, or lend his Brand to any Pcifbn or I'trfuns v^hatloevcr, he fhall forfeit and pay, lor brand ng unmer- every Calk of Flax Seed, and fnr every Barrel, Box or Cafe of Indigo, Five Pounds; for every Barrel «hantabl<: Com- of Pork, Beef, P>.ice, Flour, Cafk or Firkin of Butter, Three Pounds; for every Barrel of Tar, ^,uJy'^''Barr«> Pitch, or Turpentine, Ten Shillings; and for brandin;; any empty Barrel, or lending his Brand, or leiiaing his Forty Pounds, Proc'nmation Money ; to be recovered by Action of Debt, before any Juriididion Brand. having Cognizance thereof, with C(;ils, by the Informer : And every other Perfcn or Perfons that fhall, by any Ways or Means, brand, or procure to be branded, any Caflr of Flax Seed, or Barrel, Half Barrel, Caflc, Firkin, HalfFiikin, Box or Cafe as aforefaid, than by the Infpedor, or by his Aflif- io',r'Li'aud'. tant. he or ihey fo olfending, ihall forfeit and pay for fuch Oilence, the fame Fines and Penalties as Infpedors are by this Ad liable to pay for Breach of their Duty or Miltehaviour; X. /] N D be it further Enabled, by the Authority aforefaid. That all Pork rr Be»f, packed within Guage snd Qn.i- this Province for Sale or Expc rialicn, fhall be put in good and fufficient new White Oak Cafks, which '''«> • ' R«* ^i"! fhall no- contain more than Thirty One Gallons and an H ilf. Wine Meafure, each Barrel, and Fif- ^'^''^ Bantls. teen Gallons and Three (.Quarts each Half Barrel ; and all Barrels and Flalf Barrels Ihail be made of Timber fcafoned at lealt Six Months after the riving; the Staves not lefs than Half an Inch thick in the Bilge when wrought ; the Heading not lefs than Three Quarters of an Inch thick, and well dow- elled ; Twelve good fubf!antial Hoops on each Calk, and the whole to be ti^-ht, f.t to hold Pickle, and Workman like, and fliall contain at leall Two Hundred and Twenty Pounds cf good, clean, found, and merchantable Meat, properly forted, and will faked, with at leaft H.df a Buihel of Salt o.nntliy ani to each Carrel, and nailed and packed ; and no more than two Heads in one Barrel of Pork, and nut Q^-twy i.f Moat any Boars Flefh in any Barrel of Pork ; or any Heads, Bulls Flefli, or moie than two Shanks, in any "; ''= f-"'-»'^J in Barrel of Beef: .^nd every Cafk of Rice fhall be filled with found and well cleaned Rice; and after ''"■'"'■ the fame has been infpedcd, found good and merchantable, and paffed by the Infpedor, every fuch Barrel fhall be by him branded as aforefaid, and a Certificate or Certificates thereof '-iv en to the Owner, ^" ^'^ branded, bearing Date in V/ords at Lenijth, the fame Day fuch Commodity or Commodities^vere impeded :::\a. *"^^^„ ih^'ulil^ner" pafTcJ; I'cn fi r roun« t'.rleitint; Inlpec« 460 LAWS of North-Carolina. ^. D. 1770. Commodities, after lying 60 Dj^s, to be re« infpcfied. Ptn. for (hipping them otheiwife, Guage of Pitch snd Tuipentine Barrels, Fraiidulent Pitch forfeited. Gtiage of Tar Barrels. Makers of Tar, &c to brand their Barrels, Infpeflnis to keep a Book for Commodities, His Fee for branding Makers Bdriels. Provlfo, for Tar, &c. to be rein- fpeflfil, after ly- ing 20 Days* pa/Ted; and every Hogfliead of Flax Seed fhall hereafter contain feven Bulhels and one Eighth of a Bufhel of well cleaned and merchantable Flax Seed. XI. AND whereas Pork, Beef, Rice, Flour, and Butter, may, by Reafon of its being long kept, become not good, found, and merchantable ; Be it further Enaded, hy the Authority aforefaid. That none of the faid Commodities fhall be laden or put on Board any Ship or Veffel, if the fame have been kept Sixty Days after they have been infpefted, until the fame fliall have been again in- fpefted and pafled by the Infpedlor, and Certificate or Certificates granted, in the fame Manner as if fuch Commodities had never been infpefted ; any Thing herein contained to the contrary notwith- ftanding : And every Perfon who (hall prefume to lade or put on Board, or caufe to be laden or put on Board, any Ship or Veffel, any Pork, Beef, Rice, Flour, or Butter, for Exportation as aforefaid, any Time after the Expiration of Sixty Days from the Time that the fame Ihall have been viewed and infpefted as aforefaid, fhall forfeit and pay the Sum of Three Pounds, Proclamation Money, for every fuch Barrel of Pork, Beef, Rice, Flour, and Cafk or Firkin of Butter, fo laden or put on Board any Ship or other Veffel ; to be recovered by Aftion of Debt, with Coftsj one Half to the Informer, and the other Half to the Ufeof the Parifh wherein fuch Offence fhall be committed, before any Jurifdic- tion having Cognizance of the Sum or Sums fo forfeited ; and the Mafter or Commander of fuch Ship or Veffel fhall be liable to the fame Penalty as for lading Pork, Beef, Rice, Flour, or Butter, without being branded ; and the Juftices and Colleftor fhall, and are hereby required, to ufe the fame Method of Proceeding, to compell the Payment of the faid Penalty, as in that Cafe is before direfted to be ob- ferved. XII. AliD he it further EnaSled, hy the Authority aforefaidt That every Barrel of Pitch or Tur- pentine fhall contain Thirty-two Gallons, and be well filled, free from any fraudulent Mixture, and in good and fufiicient Cafks, made of good feafoned Staves, at leafl three Quarters of an Inch thick, and not exceeding four Inches in Breadth ; and in Turpentine Barrels there Ihall not be any Sap in the Staves, and each to be hooped with twelve good Hoops at leaft, and before it be branded by the In- fpeftor fhall be weighed in his Prefence; and every Three Hundred and Twenty-two Pounds Weight of fuch Pitch or Turpentine, including the Cafk, and fo in Proportion, fliall be counted a lawful Barrel of Pitch or Turpentine : And if any Pitch or Turpentine fhall be found by the Infpeftor to be fraudulently mixed, the fame fhall be condemned, and forfeited to the Ufe of the Parifh where the fame fhall be, and may by the Churchwardens thereof be cleanfed and fold for fuch Ufe : And every Barrel of Tar fhall be the Guage of Thirty-two Gallons, Wine Meafure ; and every Barrel of Tar of lefs Size, or in bad or infufHcient Cafks, fewer than Twelve Hoops, fhall be put in merchantable Order, at the Expence of the Owner j and when full bound, no more than one third Part of the Staves fhall be left bare ; and every Barrel of Tar, Pitch, and Turpentine, after the fame ihall be in- fpefted, guaged, found clean, well filled, and truly made merchantable, and paffed by the Infpeftior, fhall be by him branded. XIII. A N D he it further Enaded, by the Authority aforefaid, That every Maker of Pitch, Tar, or Turpentine, fhall mark or brand, or caufe to be marked or branded, every fuch Barrel of Piccli, Tar^ or Turpentine, with the initial Letters of his or her Name, not lefs than one Inch long, and Breadth in Proportion ; under the Penalty of One Shilling, Proclamation Money, for every Barrel as may not be fo branded, to be paid to any one who may demand the fame, or, on Refufal, to be recovered by Warrant before any fingle Magiftrate; and that no Infpeftor fhall pafs or brand any Barrel or Barrels of Tar, Pitch, or Turpentine, that does not contain full Thirty-two Gallons Wine Meafure, and in every other Manner agreeable to the feveral Rules and Reflriftions, and under the feveral Penalties, as are provided for in this Aft : And every Infpeftor fhall keep a Book for Beef, Pork, Rice, Pitch, Tar, and Turpentine, in which fhall be fairly entered the Maker's Name and Mark, the Number of Barrels landed, the Number of Barrels infpefted of the fame Mark, the Merchant or Sliipper's Name caufing the fame to be infpefted, and the Time of Infpeftion ; and fhall give a Certificate of any Parcel to any Perfon requiring the fame, on Payment of One Shilling : And any Perfon failing or neglefting to mark or brand his, her, or their Cafks, according to the Direftions of this Aft, fhall pay One fialfpenny per Barrel to the Infpeftor for marking the fame with the initial Letters of the Maker's Name ; which Fee fhall be paid by the Perfon paying the Fees of Infpection, and by him may be charged to the Maker. XIV. PROVIDED always. That if any Tar, Pitch, or Turpentine, fhall remain Twenty Days, or more, after the fame has been infpefted and paffed, in Manner aforefaid, before the fame fhall be laden or put on Board fome Ship or Veffel for Exportation, it Ihall not be lawful for the Ex- porter to lade or put the fame on Board any Ship or Veffel as aforefaid, until the fame fhall have been again infpefted and paffed by the Infpeftor, and Certificate or Ceriificates granted for the fame, in the fame Manner as if fuch Commodities had never been infpefted ; any Thing herein contained to the contrary notwithflanding. And every Perfon who fhall prefume to take or put on Board any Ship or Veffel, any Tar, Pitch, or Turpentine, for Exportation as aforefaid, at any Time after the Expira- tion of Twenty Days from the Time that the fame (hall have been viewed and infpefted as aforefaid, fhall forfeit and pay the Sum of Ten Shillings, Proclamation Money, for every fuch Barrel fo laden cr put on Board any Ship or other Veffel ; to be recovered by Aftion of Debt, with Colls ; one Half to the Informer, and the other Half to the Ufe of the Parifh wherein fuch Offence Ihall be committed, before any Jurifdiftion, having Cognizance of the Sum or Sums of Money fo forfeited: And the Mafter or Commander of fuch Ship or Veffel fhall be liable to the fame Penally as for lading Beef, Pork, Rice, I ar. Pitch, or Turpentine, without being branded ; and the Juftices and Colleftors fhali, and are hereby required, to ufe the fame Method of Proceeding to compell the Payment of the faid Penalty, as in that Cafe is diretled to be obferved. XV. AND LAWS of Noxth-Carolina. 461 XV. AND FORASMUCH as it is difficult in warm and rainy Weather to feparate Tar A. D from Water, It is hereby declared. That Water ihall not be accounted a fraudulent Mixture in any Tar; but that in fuch Cafes, the Barrel fliall not be branded by the Infpcftor, until the iame is as W^ter free from Water as it can be madej any Thing herein contained to the contrary notwithftanding. 1770. in T.ir. nor a fraudulent Mixiiire, XVI. AND whereas alfo it is difficult for Merchants, and other Perfo'ns, buying Quantities of c^ Pork, and Beef, to get good Calks to put it in ; It is hereby Ena<3ed, That from and after the paffiiig of agi this Aft, no Cooper, or other Perfon whatfoever, making Calks, (hall expofe to Sale any Barrel or ^" Half Barrel, for the holding of Pork or Beef, other tlian fuch as are by this Ad direfted to be made '"^ for that Ufe. And every Cooper, or other Perfon, making Barrels or Half Barrels, before they deliver g_ or expole the fame to Sale, fliall fet his or her proper Brand upon every Barrel or Half Barrel ; which Brand he or they (hall caufe to be recorded in the Oflicc of the Clerk of the Court of the County where he or they (hall rclide. And every Cooperj or ocher Perfon, expofing to Sile any Calk not agreeable to the Directions of this Act, (hall, for every fuch Cafk, forfeit and pay Six Shillings and Eight-pence, Proclamation Money ; and for not recording his Brand, the Sum of Five Pounds, Proclamation Mo- ney, one Half to the Churchwardens^ for the Ufe of the Parifh where the Offence (hall be committed, and the other Half to him or them who (hall fue for the fame ; to be recovered befure any Jurifdicti- on having Cognizance thereof, with Cofts, provided the fame be fued for within (ix iVlonths after the Oh-ence committed; an- every Barrel for Tar, Pitch, and Turpentine, fliall be branded in Man- ner alorefaid, by the Cooper, under the Penalty of Five Shillings. flc! to be mala rtcabte to Law', i C'>' pers to and thenn, a A c td theic and. Exporter pfCotri- mo.lities to pro- duce lufpeQorJ C-rtificate, nn O th, to Maftei* of v<.(r=i3. XVII. J N D be it further Enaded, by the Authority afore/aid. That every Seller or Exporter of Flax Seed, Pork, Beef, Rice, Flour, Butter, Tar, Pitch, or Turpentine, packed or (iiled in this Province, and branded, (hall produce the Certificate of the Infpector who infpected the fame, and make Oath (or if one of the People called Quakers, then an Affirmation) if required, before a Juf- tice of the Peace, on Delivery of the Goods (old or exported, that the feveral Commodities intended by him to be fold or exported are the fame that were inlpected and pafTed, and do contain the full Quantity mentioned in fuch Certificate, without Embezzlement, to his Knowledge ; which Oath or Affirmation the Jullice (hall, and is hereby required to certify on the Back of fuch Certificate, whicfi Certificate the Seller (hall deliver to the Buyer, if fuch Commodities be fold ; and the Perlon ex- porting fuch Commodities (hall deliver fuch Certificate to the Mailer of the Ship or VelTel on Board which the fame (hall be (hipped or laden : And if fach Seller ot- Exporter (hall neglect or refufe to make Oath or Affirmation, if required, he (hall for every fuch Ofi-'ence forfeit and pay the Sum of Ten Pounds Proclamation Money, to the Informer ; to be recovered with Colls, in any Court of Re- cord, by Action of Debt, Bill, Plaint, or Information. XVIII. AND be it further EnaSlcd by the AiithcrUy afore/aid, That it may be lawful for every Warehnnfes niiy Inferior Court within this Province, wherein there are not public Warehoufes by Law erected, for be rtnt-j, or e- the Reception and Infpection of Tobacco, at the Expence of fuch County, to erect or rent a Ware- reiled, houfe at or near fome public Landing, on a navigable River or Creeki for the Infpection, Recepti- on, and Safe keeping of all Indico, at any Time after to be paid, or tendered in Payment of Public, County, or PariOi Taxes; and (hall appoint and direft at what Time the Infpeftor or Infpeiftors fhall attend to infpedt and receive the fame : And every Infpeftor that (hall be appointed by Virtue inf.ea)-s to find of this Ai\, (hall find Labourers equally with the Owner, to aflill in weighing the feveral Commodi- Labourers, and ties he (hall infofvEt and weigh; and alfo, ihall find and provide proper Steelyards or Scales, of the provide Scales. lawful Standard, for that Purpofe. XIX. AND be it further EnaHcdi by the Authority dfortfaid. That all Indico paid in Difcharge cf Public, County, or Pari Ih Taxes, by Virtue of any I/aw of this Province, (hall be firit brought to one of the public Warehoufes appointed by A£t of Adembly for the Infpcdlion of Tobacco, to be treified or rented by Virtue of this Ad as alorefaid, and there infpedcd : And any Infpedor of the County wherein fuch V/arehoufes are appointed, or faall be erecled or rented as aforefaic, on Notice given, fnall attend according to the Direclions of the Inferior Court, and carefully view and examine all fuch Indico; and if it is dry, free from Dufr, Sand, and every fraudulent Mixture, and is, in the Opinion of fuch Infeftor, good and merchantable, and fuch as will intitle the Exporter thereof to the Bounty allowed by Act of Parliament, fuch Infpecr'ji- (hall wcigli the fame, and be obliged to de- liver to the Perfon or Pcrfons bringing ihe f.ime, as many Pronullbry Notes, under the Hand of fuch Infpector, as fhall be required, lor the full Quantity of Indico received by him ; which Indico fuch Infpector Ihall carefully fecure in Barrels, Boxes, or Cafes ; and tlie faid PromilTory Notes are hereby declared to be current and transferrable in Pavment of all Public, County, and Parilh Taxes, at the Rate or Price of Four Shillings, Proclamation Money, per Pound, and lliall be paid and fatis- ficd by fuch Infpector who figned the fame, upon Demand : And every fuch Infpector ihall be oblig- ed, and is hereay required, to pack and fecure all Indico by him received, in Barrels, Boxes, or Ca- fes ; and for every Barrel, Box, or Cafe, by him paid away in Difcharge of any PromilTbry Note or Notes by him given, and containing Two Hundred Pounds Weight Nett, and branded with the Grofs, Tare, and Nett Weight, and Name of the Infpector, and nailed and fecured fit for ihipping ; there Ihall be paid by the Pcilbn receiving the iame, the Sum of Five Shillings and Sixpence, to the Ufe of fuch Infpector, and fo proportionably for Barrels, Boxes or Cafes, containing lefs ; and fuch Infpector ihall alio have an /illowa.Tce of Three /■cr Cent, (or all Indico he ihall pay away in Difcharge of any fuch Note or Notes for Shrinkage and Walte : And if any Infpector by whom iuch Note (hall be given, (h ill refufe or delay to fatisfy the fame when demanded, he (liall forfeit and pay for every fuch Refufal or Neglect, the double Value of fuch Indico i^^ rcfuibd or neglected to be paid; to be recovered before any Jurifdiction having Cognizance thereof, with Colls, to the Ufe of the Party . grieved; N n n XX. AND Indiro pi!d for Taxes, to be in- fpefled. Infpeflors to give Notes for it ; wh;ch (hall be carrent in Pjy» ment of Taxes. Infpeflor to fe- cure it in Cafe?, &c. His Fee for the fame. Allowed 1 per Cent, for bhnn^ k.^ge. Hen. on bin for rerufine to pay his Note, 462 LAWS of North-Carolina. A. D. 177c Payment cif Taxes in Indico, to be in InTpeflors Niites, tendered by loth March. Iridico rcfofcd. Owner to fort it at the Ware- ht'ufe. Pen. on Infpec- tor ncgleftiiig to attend. Difpiite about any Coniiad\ fjr Indite, neareft Ii.fpeftor to be called to irifpeft the fame. His Fee. Pen for counter- friliPji Infpcftors Notes, export- ing Cumni'id.fies with frgcd Bian-i, or pack- ing th-^m in branded Barrels. Proceed, where Inlp'-'^'irs No tes are kft. Dimenfions of Lumberia£}ed, That no Tender of Public, County, or Parifli Taxes, in In* dico, fliall be accounted lawful, unlefs the Payment of the fame be tendered in Infpedlors Notes as aforefaid ; and fuch Payment be tendered on or before the Tenth Day of M«rf/&, in the Year that they are or fliall be payable. XXI. JN D he it further Enabled, That when any Indico fhall be brought to any Infpeftion, and fhall be refufed by the Infpector there oifficiating, the Owner Ihall immediately fort and feparate the bad and unmerchantable from fuch as is by this Aft declared to be good and merchantable, at the Warehoufe where the fame was refufed ; and the Infpedlor ihall receive fo much thereof as in his Opi- nion is good and merchantable, and give a Note or Notes for the fame. XXII. AN D he it further EnaSled, That every Infpedlor who Ihall be appointed by Virtue of this AiS, to infped Indico, fliall give conftant Attendance at the Times and Places by the Inferior Court ordered and apoin ted ; under the Penalty of forfeiting, to the Party grieved. Five Shillings Procla- mation Money, lor every Day he fliall negledt or fail to attend j to be recoved by a Warrant, with Colis, before a Juftice of the Peace, unlefs good Caufe fliewn for fuch Negleft or Failure. XXIII. AND he it farther EnaSIed, That if any Perfon or Perfons fhall fell or contraft for any Indico, as good and merchantable, according to the Diredions of this. Aft, and any Difpute ihall arife between the Buyer and Seller, concerning the Quality of the Indico offered or tendered in Dif- charge of fuch Contraft, it ihall and may be lawful for the Parties, or either of them, to call the nearefl InfpeClor of the County wherein fuch Indico is tendered, or offered as aforefaid ; who is hereby required to obey fuch Call, and infpcft the fame, and if it is, in the Opinion of fuch Infpeftor, good and merchantable, and of Quality to entitle the Exporter to the Bounty allowed by Act of Parliament, he fliall pafs the fame, or otlierwife refufe it ; and fuch Infpector (hall be paid for his Trouble, by the Party againft whom he fliall give Judgment, Five Shillings and Fourpence, Proclamation Money, XXIV. AND be it further EnaSied, by the Authority aforefaid. That if any Perfon whatfoever fhall forge or counterfeit any Note of any Infpector, or tender in Payment, or expofe to Sale, any fuch forged or countejfeit Note, knowing the fame to be fuch ; or caufe to be exported any Hogfhead bf Flax Seed ; or Barrel of Pork, Beef, Rice, Flour, Butter, Tar, Pitch, or Turpentine ; or Barrel, Box, or Cafe of Indico, or expc)fe the fame to fale Sale, knowing the Brand thereon to be forged or counterfeited ; or fliall put or pack any Pork, Beef, Rice, Flour, Butter^ Tar, Pitch, Turpentine, or Indico, into any Barrel, Fiikin, Box or Cafe, branded by any Infpeftor as aforel'aid, on Purpofe to evade this Aft, and to fell or export fuch Commodity without being infpefted, every Perfon fo ofiending, and being thereof lawfully convifted before any Court of Record, having Cognizance thereof, fliall, for the firfl Offence, by Order of fuch Court, have and receive, on his or her bare Back, Thirty-nine Lafhes, well laid on, and fliall fuffer one Month's Imprifonment, without Bail or Mainprize ; and for the fccond Ofi^^nce fnall be adjudged guilty of Felony. XXV. AND he it further Enaded, by the Authority aforefaid. That if any Infpeftors Note at aforefaid, fliall be cafually lofl, miflaid, or dellroyed, the Peribn or Perfons intitled to receive the In- dico by Virtue of any iueh Note, ihall and may go before any Juftice of the Peace, and make Oath, in the Manner by Law direfted conccring Ini'peftors Notes or Receipts for Tobacco being loft, mif- laid, or deftroyed ; and thereupon ihall have the like Remedy and Relief, and be fubjeft and liable to the fame Penalties and Punilhments for making falfe Oaths therein, or producing forged Certifi- cates knowing the fame to be forged, as Perfons in the like Cafes are by the faid Law made liable and fubject to. XXVI. AND he it further Enaded, by the Authority aforefaid. That all Staves, Heading, Shin- gles, Boards, Plank, Joifts, and fquaie Timber, which iliail be fold, or fliipped on Board any Ship or Vefl'el for Exportation, ihall be of the following Dimenfions; otherwife ihall not be deemed mer- chantable, and fliall be forfeited to the Ufe herein after mentioned, to luit, Butt Staves fliall be five Feet nine Inches long, four Inches broad, and an Inch thick on the Heart or thin Edge, and clear of Sap. Pipe Staves, four Feet eight Inches long, four Inches broad, and three quarters of an Inch thick on the Heart or thin Edge, and free from Sap. Hogfhead Staves fliall be three Feet fix Inches long, four Inches broad, and three quurters of an Inch thick on the Heart or thin Edge, and free from Sap. Barrel Staves fliall be two Feet nine Inches long, four Inches broad, and three quarters of an Inch thick on tlie Heart or thin Edge, and free from Sap, for the European Market ; and thofe to be exported to the Northern Colonies, only thirty Inches long, and of the fame Breadth and Thick- nefs with thofe for the European Market. White Oak Hogfhead Heading fliall be thirty-two Inches long, fix Inches broad, and one Inch thick on tlie Heart or thin Edge, and clear of Sap. Barrel .Heading fliall be nineteen Inches long, fix Inches broad, and three quarters of an Inch thick on the Heart or thin Edge, and clear of Sap. Shingles fliall be eighteen and an half Inches long, five Inches broad, and five eighths of an Inch thick ; which faid feveral Sorts and Kinds fhall be of the Dimen- fions aforefaid, at the leaft, and well got of good, found, and merchantable Timber: And every Board, Plank, Piece of Scantling, or other fqaare Timber, being marked with the Number or moi-e Feet than they contain, fliall be forfeited to the Churchwardens, for the Ufe of the Parilh : And no Boards or Plank fhall be deemed merchantable, or pafli;d by any Infpeftor, that is not free from any Split twelve Inches long, hath no Edge lefs than half an Inch thick, and is not irte from Holes : That all Deer Skins that fliall hereafter be expofed to Sale, fliall be clean and free fiom Fleih, and the Claws and Skulls taken therefrom, and otherwife merchantable. XXVII. Timber, or PR OVID ED ne--verthelef. That no Staves, Headind, Shingles, Boards, Planjv, fquar« Deer-Skins, Ihall be infpccted, unlefs required. XXVIII, PRO. LAWS of North-Carolina. 4<^3 XXVIII. PROVIDED alfo. That when any DIfpute arifes between the Seller and Purchafer of any Boards, Plank, or other Lumber intended for x.\\t EiigHjh Market, the Infpeetor fhall infpect the fame, agreeable to the Englijh Act of Parliament, if called on for that Purpofe. XXIX. AND he it further Enabled, That when any Difpute (hall arife between the Buyer and Seller of any Staves, Heading, Shingles, Boards, Scantling, Plank, or Timber, or Deer Skins, as aforefaid, in Refpett of the Quality, Dimenfions, and Quantity thereof, it (hall and may be lawful for either Party to call on the nearell Infpeftor of the County ; which Call he is hereby required to obey, to view, infpeft, and meafure the fame, and to pafs {q much thereof as he (hall be of Opinion is good and merchantable, according to the Direi^ons of this Aft, and refufe the reft. XXX. A N D be it further EnaBed, by the Authority nforefaid. That if any Infpeftor to be appointed by this Aft, (hall receive or take, direftly or indireftly, any Fee, Gift, Gratuity, or Reward vvhat- foe^er, of any Perfon for refigning or giving up his Oiiice of Infpeftor, he (hall not only be for ever thereafter difabled from holding or executing thefaid Office, but for fuch Oll^ence (hall foifeit and pay the Sum of Forty Pounds, Proclamation Money; to be rt-covered with Colts, in any Court of Record, to the Uie cf the Informer, by Afticin of Debt, Bill, Plaint, or Information : And every Perfon offer- ing and paying, direftly or indireftly, any Gratuity or Reward whatfocver, to any Infpeftor to refign or give up his laid Office, (hall, for his faid Offence, be for ever difabled from holding the faid Office of infpeftor in this Province. XXXI. AND be it further Ena^ed, by the Authority aforefaid. That no Perfon holding any Pod or Place of Profit by Deputation, or otherwife, (hall be appointed to the Office of Infpeftor, or (hall, during his Continuance therein, be capable of being elefted Member of the AfTembly: And if any Member of Affcmbly fliall accept of the faid Office during his being fuch, he (hall be, and is hereby declared, from thenceforth, to be difabled to ferve as a Member of Aflembly, and (liall not fit, vote, or aft in Aifembly ; but (hall be, to all Intents and Purpofes, incapable, as if he had never been re- turned or elefted a Member of AfTembly : And if any Pcrlbn fhall be appointed to fuch Office, and fhall accept of any Poft or Place of Profit after fuch Appointment, he (hail be rendered incapable to hold his faid Office of Infpeftor; and the Court (hall proceed to appoint another Infpeftor, in the Room of fuch Perfon taking upon him fuch Poft or Place of Profit, according to theDireftions of this Aft. A. D. 1770 Lumber to be in fpeded aprt-eabl to the Engl.fh AO. of Pailia- nient. Nearert Infpee- tor to be cal.'ed, n but under D.'eds, to give a Title, 472 LAWS of North-Carolina. A. D. 1770. Burying Ground ic/erved. Lots to be faved ■within 3 Ytars, Number of Com- mifliuner* kept up. Their Oath. Free acrcfs to the Springs in Town. And to the Wood growing on the Common. Mai ket Place re- f^rved • Fitiet and for- feitures how re- cuvcicd. XV. AND heitJurtherEnaBed, by the Authority af or ef aid. That the aforefaid Lot, teferved and known by the Name of the Burying Ground, be for ever hereafter referved for that Ufe only j and the Title thereof veiled in the Commiffioners of the faid Town, for the Time being, for the Ufcs and Purpofes aforefaid. XVI. Al^D hi it further Enabled, hj the Authority aforefaid. That each and every Poffeflbr of any Lot or Lots, or Fart of a Lot, within the original Plan or Map of the faid Town, and adjoining either Side of the two Streets called Corbin and Innis Street, who (hall not, within the Term of Three Years after the paffing of this Aft, ereifl and build, or caufe to be erefted and builc, aHoufcofthe Dimenfions of Twenty-four Feet by Sixteen in the Clear, of Brick, Stone, Frame, or hewed Logs, with either a good Brick or Stone Chimney, fhall forfeit. the faid Lot or I,ots, or Part of a Lot: And that every Pofieffor of any Lot or Lots adjoining the two Streets, running parrallel with the faid Streets called Corbin and Innis Street, and within the faid Plan, who fhall fail to build and eredl; a Houfe of the Dimenfions aforefaid, with fuch Chimney, within the Space of Four Years, fhall like wife forfeit fuch Lot or Lots ; and the Commiffioners aloiefaid Ihall, andtaftre hereby impowered and authorized, to enter upon and feize fuch forfeited Lot or Lots, or Part ofTuch Lot, and to fell the fame to any other Perfon who fhall purchafe the fame: And the faid Commiflioners, or the Majority of them, are hereby invelled with full Power and Authority to convey the fame to fome Purchafer; which Sale fhall be good and valid in Law to fuch Purchafer, his Heirs and AfTigns, for ever. Provided airways. That nothing herein contained fhall be conihued, deemed, or taken, to afFeft or invalidate the Claim or Title of any Infant or Feme Covert. XVII. AND be it further Etta£led, by the Authority aforefaid. That in Cafe of the Death or Re- moval of any of the CoriimifTioners heretofore in this Ait mentioned, that then it fhall and may be lawful for the Juftices of the Inferior Court oi Rowan County, to appoint one or more Commiflioner or Commiffioners, in the Room of him or them fo deceafed or removed ; which CommifTioner or Com- miffioners, fo appointed as a-forefaid, fhall, and is hereby declared to have as full Power and Autho- rity, as the Commiffioners appointed by this Aft. XVIII. AND be it further EnaSied, by the Authority aforefaid. That the faid Commiffioners ap- pointed by this Aft, or to be hereafter appoin:ed, before they enter in and upon the Execution of their Office, fhall take the following Oath, to ivit, I A. B. do fivear, that I iviil execute the Office of a Commiffioner for the Tonjun of Salifbury, faithfully and truly, ^vithout Favour or Prejudice, and in all Things a£l for the Good of the faid Toitin, and the ivell governing thereof, to the hejl of my Skill and Judgment^ according to Laiv. SO HELP ME GOD. XIX. AND be it further Enaffed, by the Authority aforefaid. That the feveral Inhabitants of the faid Town, their Servants and Slaves, Travellers and others, fhall have free Accefs to all Springs, and natural Fountains of Water within'the faid Town, and Town Common, without the Hinderance, Let, or Interruption of the Owner or Owners of fuch Lot or Lots or Common, whereon fuch Springs or natural Foutains of Water are fituate ; and that the faid Springs and Fountains of Water be, and are hereby declared to be free to all Perfons, to fupply themfelves with Water therefrom, to fupply their feveral Ufesj and that it fhall and may be lawful for the Inhabitants of the faid Tov\n, their Ser- vants or Slaves as aforefaid, to cut, fell, and appropriate, to his or their own Ufe, for Fire Wood or Timber, for building in the faid Town, any Tree or Trees now Handing or being on the faid Town Common, without the Hindrance of any Perlbn whatever. XX. AND be it furter EnaSied, by the Authority aforefaid. That the faid Commiffions or the Majority of them, or their Succeflbrs, are hereby impowered, to lay out, and appoint a proper Place in the faid Town, for erefting and building a Market- Houfe, or other public Buildings in the faid Town. XXI. AND he it further Enabled, by the Authority aforefaid. That all Fines and Forfeitures that Ihall hereafter be recovered in Virtue of this Aft, the Method whereof is not herein before exprtfTed, fhall be by Warrant from under the Hands and Spals of the faid Commiffioners or the Majority of them, and applied as in this Aft diretled. CHAP. XVIII. jin Act to amend an Act., intituled., An Act to impower the Inferior Courts of the feveral Counties in this Province, to order the laying ovit of Public Roads ; and to eftablifh and fettle Ferries ; and to appoint where Bridges Ihall be built, for the Ufe and Eafe of the Inhabitants of this Province i and to clear navigable Riveis and Creeks. Preamble, j_ "w X T H E R E A S by the before recited Aft, among other Things therein contained, it is enafted, y y that upon Application made to any of the Inferior Courts in this Province, for clearing navigable Rivers .and Creeks, in their r!;fptctiVe Counties, it fhall and may be lawful for the faid Courts, >?■ LAWS of Nokth-Carolina. 47; » Courts, and they are hereby direfled and required, to appoint fuch Overfeers .of the Roads as live moft A. D, 1770. -convenient to fuch Rivers and Creeks, with their Companies, to do and perform the fame : And whereas the faid Aft hath been found, by Experience, not to anfwer the falutary PurpofeG intended thereby ; Overfeffs of Koada t'l cU-ar P.ivers tc Creckf , Navigjtion of Little Rrver not to he interrupt- ed. II. BE it therefore EnaSied hy the Governor, Council, and J/Jemhly, 'and hy the Authority of the fam^ That each and every Overfeer of any Road in any County in this Province, whofe Diftrift is moft convenient, or adjoins any navigable River or Creek, fliall, is, and are hereby direded and required, to clear and work on fuch River or Creek, with his Company, without any Order of Court ior that Purpofe, not exceeding Six Days in every Year : And every Overfeer fo failing or negieding to work on fuch River or Creek, agreeable to the Direflions of this Aft, fhall be liable to the fame Pains and Penalties, and fubjeft to the fame Recoveries, as is direfted to be had againft Overfeers by the before recited Aft. III. AND whereas x!at Xawtr Littl^^Hver , in Cumherland Coanty, has been found, by Experi- ence, to be navigable ; and that Lumber, and otlier Commodities, have been rafted down the faid River; and that it is prafticable for Boats to pafs up the fame a cenfiderable Diftance, the fa'd River being cleared of Logs and Rafts, near Twenty Mihs from the Mouth thereof': Be it Enaffed, by the Authority afore/aid. That any Perfon who hath^uilt any Miil-Dam, or that may hereafter build, or caafe to be built, any Kind of Dam or Bridge acrofs the faid River, that may obftruft or prevent the free Paffage of any fuch Produce for the future, and fhall not make, or cauie to be niade, a proper Slip, or other Convenience, in fuch Manner that any Produce may be carried fafely, and without Da- mage or Prejudice to the Owner ; fuch Perfon fo offending fliall,. for every Oflencej" forfeit and pay to the Party injured, all fuch Damages fts he fl»all fullain thereby; to be recovered, with Colls, before any Jurifdiftion having'Cognizance thereof. *■■■-•- IV. PROVIDED neverthilefs. That no fuch Owner or PofTeflbr of %h Mill-Dam or Bridge Damn not to b^ Ihall be obliged to make fuch Slip, or other Convenience, till after theFirfl Day oi November next. rectmvpd till ift of Nov. next. V. PROVIDEDalfo, That this Aft, nor any Thing herein contained, fhall not extend and Counties m bein Force in the Counticis of C)7ii/f», Edgcomb, Halifax, Pitt, Hyde, Currituck, Duplin, Pafquotank, which this kO. Carteret, Bute, Choivan, Hertford, and Granville; any Thing herein contained, tc^he contrary, not- is not in Force. withltanding. CHAP. XIX. j^n additional and explanatory Act to an /let, intituled. An Act for regulating the feveral Officers Fees within this Province, and afcei^S^qg the Method of paying the famel and for taxing Law Suits. I. TTrHEREAS frequent Complaints have been made that the Fees of the Clerks of the Supe- Preamble. W '■'or and Inferior Courts,- as regulated by former Afts of AfTemblyj are doubtful and am- biguous :'"For Explanation whereof, 11. B E it Enabled, by the Governor, CourciJ, and Af'embly, and hy the Authcrity cf the fame. That Clert:'! Fees for the future the following Fees only fhall be received by the Clerks cf the Superior and Inferior gulatcd. Courts ; and no other or greater Fees or Charges whatfoever fhall be deemed or conftrued to be allow- td by the former Afts of AfTembly, to v;it, FOR every Writ or leading Procefs returned to the firft Court ; and all fubfequent Procefs, Ap- pearances, Pleas, Rules, Orders, and other Services necefTary thereon, until the making up an IlTue inclufive; and alfo, fnr Difmiflion, or final Judgment, where either happens; or for Confellion of Judgment, to the Clerk of the Court, Fourteen Shillings. FOR every Continuance, or Reference of every Caufe after the fecond Court, including all Fees for every Service necefTary thereon. Four Shillings. F O R the Court at which the Caufe is determined, including all Fees for every necefTary Service thereon, and entering final Judgment inclufive, Eighteen .'-hillings. FOR every Subpoena, mere than thfee different and diftinft Subpoenas, in any Caufe, the Clerk fhall be allowed, by the Party praying fuch Subposna, Two Shillings . Provided clvcays. That the Parties taking out any one of the Five Subpoenas intended by this Aft to be ifTued without Fee, may beat Liberty to infert in each Subpoena, any Number of Witneffes, not exceeding Four, Two Shillings. When necefTary, for every Execution, or Order of Sale, ifTued and returned, including all Services thereon, with taxing Colls, and Copy, and enstring Satif- faftion. Five Shllings. p OK cvexy Scire Facias a'gainft Bail, with making up an Iflue thereon, or entering Judgment without Plea, including all Fees for every Service necclTary thereon ; provided that the Piirty paying Cofls (hall not be fubjeft to this, unlefs the Scire Facias is rcquifite, and required by the Plaintift j Eight Shillings. FOR giving a Copy of the Record of any Caufe when demanded by either of the Parties, Sir Shillings. ^. ^^ FOR every Order or Rule of Court, made on MiMfes.- foreign to the Suits dspendir^^^n Ctur", and Copy thereof when demanded, Two Shjllipcs and Ei^ht Pence. l)|||w^{!s anc FOR 474 LAWS of Nor T H -Carol I N A. A. D. 1770. FOR entering on the Minutes the Probate of a Will, qualifying Executors, making Certificate, ^ -^- 7 recording the Will, and giving Copy thereof. Ten Shillings and Eight Pence. FOR granting Adniiniftration, taking Bond, and all other Services thereon, Ten Shillings and Eight Pence, FOR all Services neceffary to be done by the Clerk of the Court, towards procuring Letters of Adminiftration, or Letters Teftainentary, if he furnifhes the faid Letters, including the Governor's, Secretary's, and private Secretary's Fees, Twenty Six Shillings and Eight Pence. FOR all Services in proving, recording and filing an Inventory, Account Sales, or Account cur- rent exhibited by an Executor, Adminillrator, or Guardian, or for Search, Copy and Certificate of the fame, if the Eftate be under one Hundred Pounds, One Shilling and Four Pence; if above one Hundred Pounds Value, Four Shillings. FOR every Marriage Licence and Bond, and all the neceflary Services thereon. Five Shillings. F O R an Ordinary Licence and Bond, and all the Services neceflary to be done thereon. Five Shillings. FOR Tavern Rates, Two Shillings and Six-pence. FOR fearching a Record out of Court, Eight-pence. FOR proving or entering Acknowledgement of a Conveyance of Land, or other Eftate, and cer- tifying the fame, with the Order for Regillration, and Examination of a Feme Covert without Com- ' miflion, Two Shillings and Eight-pence. FOR a Coi^jmifiion to take the Examination of a Feme Covert, or Witnefles in any Caufe de- pending in the Superior Court, the Return thereon, entering, and all other Services neceflary thereon. Three Shillings. • . ' . FOR Guardian and other Bonds taken in Court, and for all neceflary Services thereon, every Fee relative thereto included. Eight Shillings. FOR Indentures for binding out Apprentices, making Order thereon, and for filing and record- ing the fame, including all Fees for every Service neceflary. Five Shillings and Four-pence. F O R a fpecial Venirt Facias in an Adlion of Ejedlment, or where the Bounds of Lands ihall come in Queition, when the faid Writ fliall be iflfued. Eight Shillings. FOR a fpecial Verdid, Demurrer or Motion in Arreft of Judgment, and Argument thereon. Four Shillings. FOR Writ of Error or Appeal, with a Tranfcript of the Record, and all Services thereon. Ten Shillings. FOR making out Certificates of Witnefles or Jurymens Attendance, Eight-pence. . FOR recording a Mark or Brand, and granting Certificate thereof, if required. One Shilling and Four-pence. Cletks allowed III. A'ND be it further Enaaed, by the Authority aforefaid. That all the Services neceflary to be no other Fees done by ihe Clerks of the Superior and Inferior Courts within this Province, for which P'ees are noc than by this Aa, provided in this Adt, fliall be deemed and conftrued to be ex-ofiicio Services, for which the Clerks ferior cluits. " ^^^ demand no Fee or Reward whatever, except what fliall be allowed fuch Clerks by the Inferi-.r Court of their relpedive Counties for fuch Services. Clerks may iftue Executions tor their Fees. When Continu- ance of a Caofe is granted, Party praying th? fame to pay all CoUs. Proceed, where Clerks charge more Fees than is allowed by this Aft. IV. AND be it further Enabled, by the Authority a/ore/aid. That it fliall and may be lawful for the Clerks of the Superior or Inferior Courts on the Fees not being paid by the Party from whom they are due, to make out Execution, direfled to the Sheriff^ of the County where the Party refidcs ; and the faid Sheriff fliall levy the fame, jn Virtue of the faid Execution, as in other Cafes ; and to the fa d Execution fhall be annexed a Copy of the Bill of Cofts of the Fees on which fuch Execution fliall iffue, wrote in Words at length, and without any Abbreviation whatfoever ■ and all Executions iffu- ing without the Copy of fuch Bill of Cofls annexed, fhall be deemed illegal, and no Sheriff fhall ferve or execute the fame. V. AND be it further Enailed, by the Authority aforefaid. That whenever it fliall be the Opinion of the Court, that the Party praying a Continuance, fhould not obtain it wiihout Payment of all Cofts attending the fame, the whole of thefe Cofts fliall be' paid before the Continuance is granted ; and the Party paying fuch Cofts fhallnot be intitled to recover them, although the Judgment of the Court fliould finally be in his Favour. VI. AND be it further Enaded hy the Authority aforefaid. That if any Perfon fliall hereafter con- ceive himfelf aggrieved by any Clerk of the Superior or Inferior Courts, in taxing or charging other or greater Fees than by this Ad are allowed, it fliall and may be lawful for fuch Perfon fo aggrieved, either by himfelf or his Attorney, to complain to the Court where fuch Offender is Clerk ; and the faid Court fhall, in a fummary Way, take the Matter under their Confideration ; and if it fliall appear to them that fuch Clerk hath taxed and charged other or greater Cofts or Fees than are by this Adl allowed, tijen the faid Court fliall not only order immediate Reftitution to be made to the Party in- jured, together with all Cofts and Damages, but alfo may, and they are hereby required, to fet foch Fine as they fhall think proper on fuch Clerk, not exceeding the Sum of Five Pounds ; and the Court fhall commit fuch Clerk to Gaol if he refufes or delays to obey their Judgments, there to remain until he has fatisfied the Party injured, agreeable to the Judgment of the Court, and alfo paid tiie Fine in- flided on him to the Sheriff"; which Fine fhall be applied towards defraying the contingent Charges of the County where fuch Court fhall be held, and fliall be accounted for by the Sheriff, at the fame Time as he accounts for the County Tax : Prouided, that fuch Clerk fhall have Ten Days Notice in Writing, previous to the fitting of the Court where fuch Complaint is intended to be made ; and that there fhall be at leaft five Juftices on the Trial of fuch Complaint, if in the Inferior Couit ; and the Notice fhall be in thefe Words, or to this Efi^eft : L A IV S of North-Carolina. 475 I INTEND to complain of you to the next againft than the Law allows. 'Court, for taking more Fees io the Suit of A. D. 1770. And a Copy of this Notice, direfted to the Clerk, and figned by the Complainant, proved by the Oath of the Perfon who ferved it, with a Copy of the Jill of Colts, from the Officer who levied the fame, ihall be fufficient for the Court to judge upon, without any other or further Procefs. VII. JND be it Enaaed, hy the Auiharity aforefaid. That if arty Cleric (hall, during the fitting Of the Court whereof he is Clerk, demand other or greater Fees than by this Aft allowed, the Court Ihall immediately, on Complaint being made thereof, determine what Fee or Fees fhall be paid to the faid Clerk by the Party complaining. VIII. ^iVD be it further Enaaed, hy the Authority aforefaid. That if any Clerk of any Court in this Province Ihall hereafter be guilty of any Breach or Negleft of Duty 'enjoined by this Art, fuch Breach or Negleft of Duty Ihall, on a fecond Conviction, be adjudged and ueemed a Miibehaviour in Office, lor which fuch Clerk Ihall be fufpended by the faid Court, on Complaint. IX. PRO VIDEO ne-verthelefs, That in Cafe the Clerk fliall be difiatisfied with the Determina- tion of the Inferior Court, he may appeal to the Superior Court of the Diihict, in which Cafe there fhall be a Trial de Novo; where, if the Sufpenfion of the Inferior Court Ihall be confirmed, the iaid Clerk Ihall ever after be rendered incapable of ading as Cierk in any Court of Juftice in this Province. X. PROFIDED airways. That no Clerk fhall be liable to any Penalty or Sufpenfion for failing to conftrue and comply with the Diredions of this Ad, in Relation to his making out and taxing Jiis Bills of Colls, until Six Months from and after the pafiing of this Ad. CIctka (icm'nd* ing greater Fees thdn the- ?re al- lowed, during ths fiuing of Cnurt, to be flt- termined by the Cult. Second Convic- tion of Ntgleft of Duty in any Clerk, A Misbe- hivf ur in Office, Right of Appeal. Clerks n t Ila- bl'.-, till Six Mi.nth- aff-T palling this Afti XI. Al^D he it further EnaS^sd, hy the Authority aforefaid. That there (hall be paid to the Clerk l^^j-^jj^ ^^^j^j^ at the Time of iffuing any Writ, or any other leading Proctis, by the Perfon fuing out the fame, re- turnable to the Superior Court, the Sum of Twenty Shillings ; and if returnable to the Inferior Court, the Sum of Five Shillings, for the Ufe of the contingent l-und j to be recovered by the Party call, in the fame Manner as other Colls. XII. AND he further it Enaaed, hy the Authority aforefaid. That the Clerk of each Superior Court (hall account for, and pay to the Treafuier of his refpedue Diltrid, at the fitting of the Supe- rior Court whereof he is Clerk, or in One Month after, all Monies received by him for the contingent Fund, in Virtue of this Ad ; and ihall make and deliver therewith an exad Liil, on Oath, of every leading Procefs iffued by him, or returned by the Court whereof he is Clerk: And the Clerks of the Inferior Courts Ihall, at the Superior Courts of their refpedive Diflrids, or in One Month after ths fame, account lor and pay to the Treafurer of their refpedive Diilrids, all Monies received by them for the Ufe of the contingent Fund, in Virtue of this Ad ; and Ihall alfo make and deliver therewith an exad Lill, on Oath, of every leading Procefs by them iffued or returned to the Court of which they are refpedively Clerks ; which Lilt Ihall be certified by a Magiftrate, at the Court of the County whereof he is Clerk, immediately preceding the Superior Court at which he is to account. X'lII. PRO FIDED nenjerthelefs. That where any Suit (hall be brought by an Executor, Admi- niftrator, or Guardian, and no Recovery is had on the Trial, the Tax fhall be returned to the Party paying the fame ; and alfo, when a Writ or other leading Procefs cannot be executed, and the Plain- tiiFor Plaintiffs fhall difmifs the fame, he or they (hall receive from the Clerk, the Tax paid on fuch Wiit or leading Procefs ; which Sums fo repaid (hall be allowed to the Clerk on his Settlement with the Treafurer, on his producing a Lill of fuch Suits, certified by the Court of which he is Clerk; any Thing herein contained, to the contrary, notwithftanding. XIV. AND he it further Enaaed, hy the Authority aforefaid. That the Clerks of the refpedive Courts (hall tranfmit to the Clerk of the Affembiy, at each Seflions of A(rembly, Copies of the Ac- count fettled with the Treafurer, preceding fuch Seflions of Affembiy, provided fuch Copies were not before tranfmitted ; and fhall be allowed by the Treafurer the Sum of Eight /f/- Cent, on all Monies paid by Virtue of this h.&., out of the contingent Fund ; and the Money received by the Treafurer in Virtue of this Ad, (hall be by him accounted (or as other Monies received for the Ufe of the contin- gent Fund. XV. AND he it farther Enaaed, hy the Authority aforefaid. That, the Clerks ' and Wake, to nominate and appoint the following Number of Freeholders, to fcrve as Grand and Petit ^' Jurors, at the rcfpedive Diftrids aforefaid ; that is to fay, ]ohnJlon four Jurors, and Wake llx Jurors ; any Law, Ufage, orCuftom, to the contrary, notwithftanding: A LilL of which Jurors fo nominated, (hall be delivered by the Clerk of the refpedive Counties to the Sheriff, who (hall, and is hereby re- quired, to fummons the Perfons fo nominated to ferve as Jurymen at the Superior Court of tlie refpec- tive Diftrid ; which Jurymen fo nominated (liall have and receive the fame Allowance, and (liall be under the fame Rules, Fines, and Refttidions, as other Jurymen are in the rcfpedive Counties of this Province. R r r XT. A N D rsrs to be ap. intcd for J i!ji.- in and \S An- Dunties. 478 LAWS of North-Carolina. ^. D. 1770. Jurors for Dobbs County. Veftry of St.. Ste- phen's Parifli dif- iolved. Veftryrren for the I'arilhes of St. Mjigaret and St Stephen to be chofen. XI. AND whereas by the Laws now in Force, Ten Jurors are fent to the Superior Court of the Diftrift of Newbern for the County of Dobbs, and it being now thought unneceflary that the fame Number be hereafter fent ; Be it Enaiied, by tbe Authority afore/aid. That from and after the pafling of this Aft, fix Jurors only be fent to the Superior Court of the Diftrift of Ne'iobeni for the faid County ; any Law, Ufage, or Cuftom, to the contrary, notwithftanding. Xn. AND be it Enaaed, by the Authority afore/aid. That the Veftry of tlie Parilh of 5/. Stephen, in John/Ion County, as the fame now ftands undivided and entire, fhall from henceforth be, and is hereby diflblved and made void, to all Intents and Purpofes. Provided ne'vtrthekfs. That all Ads of the faid Veftry, heretofore legally made and done, are hereby declared to be as good and valid, as if this Ad had never been made. Xin. AND be it further EnaBed by the Authority aforefdidi That the Freeholders of the Parifli of St. Margaret, in the County of Wake, fhall, and they are hereby impowered, required, and directed, to meet at the Place to be appointed by the Commiflioners, for appointing a proper and convenient Place for building a Court-Hoafe, Prifon, and Stocks, in the faid County oi Wake, on Eajier Monday next after the pafling this Aft, then and there to eleft and choofe Twelve Freeholders of the faid Parilh to ferve as Veftrymen for the faid Parilh of St. Margareth : And that the Freeholders of the Parifh of St. Stephen, in the County of JohnJI on, fhall, and they are hereby impowered, direfted, and required, to meet- at Capt. John Smith's aforefaid, on Ea^er Monday next after the pafling hereof, then and there to eleft and choofe Twelve Freeholders of the faid Pariih to feive as Veftrymen of the faid Parifh ; which Eleftions Ihall be made by the Sheriff of yohnj^on County, as the fame ftands now undivided; under the li-ke Rules and Reftrictions, Pains and Penalties, as well in Rcfpect to the faid Sheriff as the Freeholders of the faid Parifhes, as other Elections of Veftries in this Province are by Law ap- pointed to be made : And the Freeholders fo elected Veftrymen for the faid Parifties refpectively, after taking the Oaths by Law appointed for their Qualification, ftiall be, and they are hereby declared to be from thenceforth the Veftries of the faid Parifties refpectively ; and are hereby required to exercife and ufe the fame Powers and Authorities, as other Veftries in this Province raay^ can, or ought to exercife. Commiflioncrs appointed to run the Line between Johnfton &Wake Counties, XIV. A N D be it further Enaded, by the Authority aforefaid. That Joel Lane, John Smith, Theo- philus Hunter, Farquard Campbell, anA Walter Giifon, or any Three of them, be, and they are hereby appointed Commiflioners, and impowered and required to run the faid dividing Line between the Counties aforefaid, agreeable to the Directions of this Act ; which faid Lines when run by the Com-, miflioners aforefaid, or any Two of them, ftiall be by them entered on Record in the Court of each of the faid Counties of Johnjlon and Wake, and Ihall thereafter be deemed and taken to be the dividing Lines between the faid Counties. Tix laid for de- fraying the Ex- pence of it. Royal Preroga- tive of Incorpo- ration, (aved to his Majefly, XV. AND for defraying the Charge of running the faid Line, Be it further EnaBed, by the Au- thority aforefaid. That the Inferior Courts of each of the faid Counties of Johnjlon and Wake ihall lay fuch a Pcll-Tax on the Inhabitants of their rcfpective Counties (which ftiall be levied in the fame Manner as other Public Taxes) as ftiall be fufficient to pay and fatisfy their refpcctive Commiflioners for the Charge and Trouble in running the aforefaid Line, XVI. PROVIDED alivays. That nothing herein contained fliall be conftrued, deemed, or taken, to alter or derogate from the Right and Royal Prerogative of his Majefty, his Heirs or Succef- fors, of granting Letters of Incorporation to the faid County of Wake; of.ordering, appointing, and directing, the Election of Members to reprefent the fame in Aflembly ; in granting Markets and Fairs to" be kept and held in the faid County of Wake ; but that the faid Right and Prerogative ftiall and ftiay, at all Times hereafter, be exercifed therein by his Majefty, his Heirs or Succeftbrs, in as full and ample Manner, to all Intents and Purpofes whatfoever, as if this Act had never been made. CHAP. XXIII. rreauiWe. School Houfe vefled in Truf- tees. An Act for vcfting the SchooUiioufe in Edenton in Trujlees. I. XT T HER E AS the Inhabitants of the Town of .fisVw^ow, for the promoting the Education of y V Youth, and Encouragement of Learning, have by voluntary Subfcription purchafed two Lots, and erected a convenient School-Houfe thereon, in an agreeable and healthy Situation in the faid Town : Therefore, for the rendering more ufeful and effectual fo laudable an Undertaking ; II. B E it EnaBed, by the Governor, Council, and Affembly, and by the Authority of the fame. That the faid Houfe, with the faid Two Lots of Land, be, and arc hereby veft'ed in Jofeph Blount, Jofepb Heivcs, Robert Hardy, Thomat Jones, George Blair, Richard Broiunrigg, and Samuel Johnjlon, E(qrs. and their Succeftbrs, for ever, as Truftees for the feveral Purpofes herein after mentioned ; and on the Death or Removal out of Cho^van County of any of the faid Truftees, it ftiall and may be lawful for the Majority of the remaining Truftees, to eleft and choofe another Truftee or Truftees, in the Room and Stead of him or them fo djing or removing. Impowered to re feive Donations, III. A N D be it further EnaBed, by the Authority aforefaid. That the faid Truftees, or a Majority of them, are hereby impowered to receive and take all fuch voluntary Subfcriptions or Donations as "nd^'make Rules any Pcrfon or.Pcrfons may think proper to bcftow, for enlarging, improving, and endowing the feid for the School. School ; LAWS of North-Carolina. 479 1770. School ; and alfo to agree with, and employ one or more Perfon or Perfons, of approved Morals, and A. D. well inftrufted in the Languages, to prefide in, and keep the faid School ; and on the Miibehaviouf of the faid School-Mafter or School-Mailers, to remove him or them, and to appoint another or others in his or their Stead ; and, from Time to Time, to make and ordain fuch other Rules, Orders, and PvCgulations, for the well ordering and good Government of the faid School, as to them fhall'feem r-icct and convenient ; provided the faid Rules correfpond, and be, as near as may be, agreeable to the Laws of Great Britain and this Province. IV. PROVIDED ahvays. That no Perfon Ihall be admitted to be Mafter of the faid School, Provifo for Maf- but who is of the eltablilhed Church oi England ; and who, at the Recommendation of the Trufteet, "f to be of th» or a Majority of them, ihall be duly licenced by the Governor, or Commander in Chief for the Time ««-»'>li_L.i-:.__.. _r D._. „f o /^ __j .i_ _ 1 , ■• ° ^. Preambles I. .,_ Attenaance of the Inhabitants of Part of Roiuan County, and the Inhabitanirof the upper Part of Orange County, to do public Duties in their refpcftive Counties, extremely diificult and ex- penfive : For Remedy whereof, II. B E it EnaSled, hy the Governor, Council, and JJcmbly, and hy the Authority 0/ the fame, That GuUford County a Line beginning at a Point Twenty Five Miles due Weft oi Hilljborough, running thence North to erefled. the Firgir.ia Line, then Weft to a Point due North cf the Painted 6f rings, then South to Jnfon Line, then along An/on and Cumberland hines, to a Point due South of the Beginning, then North to the Be- ginning, be ereded into a diftinft County, by the Name oi Guilford, and Unity Parilh, III. AND for the due Adminiftration of Jnftice, Be it Enaiiei, by the Authority afore/aid. That Courts for fvd from and after the Firft Day oi April next, an Inferior Court of Pleas and Quarter Seflrons be con- County when ftantly held for the faid County, on the Second Tuejdays in February, May, Augujl, and No-uember, at the Honfeof Mr. Robert Lind/ay, by Commiffion to the Juftices, in the fame Manner as other Inferior "Courts of Pleas and Quarter Seflions are held within this Province ; and the faid Inferior Court ihall take Cognizance of all Matters, Suits, and Things, and is hereby vefted with the fame Powers, Ju- rlfdidlions, and Authorities, as any other Inferior Court iliall or can have within this Province. held. IV. AND be it further Enaiied, by the Authority aforefaid, That the faid Juftices to be appointed luft: for the County of Guilford, are hereby direited to meet on the Second Tuej'day in May next, at the Cou Houfe of Mr. Robert Lindjay aforefaid, and take the Oaths appointed for their Qualilicaiion; and the Juftices of the faid County oi Guilford, or any Three of them, after being fo qualified, Ihall hold an Inferior Court cf Pleas and Quarter Scfiions, at the Times and' Places herein before appointed : And the faid Juftices of the Peace, and every of them, at ail Times during their Continuance in Office, as well within the Inferior Courts of Pleas and Quarter Seffions as without, Ihall have and exercife the f;ime Powers and Authorities, and be fubjeft to tae fame Forfeitures and Penalties, as other Juftices of the Peace of the fe\'eral Counties within this Province are liable. ces tj hoW Court, V. AND be it further EnaHed, by the Authority aforefaid. That a Poll-Tax of Two Shillings be laid on each taxable Perfon of the faid County of Guilford, for Three Years, for building a Court- Houfe, Prifon, and Stocks, in the iaid County ; which faid Tax ftiall be collefted by the Sheriff of the faid County, at fuch Times, and in the iame Manner, as other Taxes are collected, and ihall be ■paid to the Perlon or Perlons who Ihall be impowered to receive the fame. VI. AND he further Enabled, by the Authority aforefaid. That nothing herein contained fliall be xonfirued to debar tJie Shenlr of the County of Rcwan, or the Sheriff of the County of Orange, as the faid Counties ftand refpeitively undivided, to make Diftrefs for any Taxes, Levies, F^es, or other Dues, that fhail be due from the Inhabitants of the faid Counties on the Firft Day oi April next, in the fame Manner as by Law the faid Sheriffs refpec^ively might or could do if the faid Counties had remained undivided ; and the faid Taxes ihall be collected and accounted for in the fame Manner as if this Act had never been made ; any 'I ning herein contained, to the contrary, notwithftanding. VII. AN D to the End that no Action commenced in Ronvan Coartty, or Orange County, be de- feated by the Divifion aforefaid ; Be it Enabled, by the Authority aforefaid. That where any Action al- ready commented in Rowan County, or Orange County, and the Parties or Evidences fliall be Inhabi- tants of Guilford Coixniy, all fubftquent Procefs againft fuch Parties or Witnefles ihall be directed to ■be executed by the Sheriff of ^or running the Lines, and build- ing a Court Houfe, &c. Rnyal Preroga- tive or Incorpo- ration favcd to his Majefty. Vdftry for Unity Pari(h to be e- le£led. held for theDiftria oi Salljbury ; and the Juftices of the faid County oi Guilforii Ihall, and are hereby direded, at the Court to be held for the faid County next preceeding evety Superior Court, to nomi- nate fix Freeholders to ferve as Grand and Petit Jurors at fuch Superior Court, a Lift of fuch Jurors fo nominated fhall be delivered by the Clerk of fuch Court to the Sheriff, who fhall, and is hereby re- quired, to fummon fuch Perfons fo nominated to ferve as Jurymen at luch Superior Court of Juflice held for the Diftrid oi Salrjbury ; which Jurymen fo nominated Ihall have and receve the fame Allow- ance, and fhall be unjfier the fame Rules, Fines, and Reftridions, as other Jurymen are in the re- fpedive Counties in this Province. And the Sheriff of the faid County oi Guilford (hall from Time to"Time, acount for and pay to the Public Treafurer of the Southern Diftrid of this Province, for the Time being, all Public Levies by him coUeded, or wherewith he fliall fland chargeable, in the fame Manner, and under the fame Pains and Penalties, as other Sheriffs of the faid Diftric^. IX. AND whereas the Jurors appointed by Law to ferve at the Superior Court for the Diftrid of Salijbury, were limited to ten for Anjon County, eight for Mecklenburg, and fix for 7ryon County ; Be it EnaSled, by the Authority afore/aid. That the Jurors attending the faid Superior Court after the pafT- ing of this Ad, ftiall be only fix for the County of A7ifon, and fix for the County of Meckhnburg ; any Thing in any former Law contained to the contrary notwithftanding. X. AND he it further Enaded, by the Authority afore/aid. That the feveral Sheriffs to be com- mifhoned for the County of Guiljord fhall be in the fame Manner as is direded for appointing and commifhoning Sheriffs in the other Counties in this Province j which Sheriffs fo commiffiontd fh;ill account with, and pay to the Treafurer of the Southern Diftrid, all Monies which he fhall or ought to receive, in the fame Manner as other Sheriffs, and fhall have the fame Powers and Authorities, and be liable to the fame Fines, Forfeitures, and Penalties, as are direded and inflicted by feveral Acts of Aifembly of this Province. XL AND be it further Enaded, by the Authority afortfaid. That the Commiflioners, or the Majority of them, hereinafter appointed, are hereby impowered and direded to employ Workmen for building a Court-Houfe, Prifon, and Stocks, in the faid County, for the Uie of the faid County of Guiljord ; and the faid Court, and all Caufes, Matters, and Things, in the fame depending, after fuch Court-Houfe fhall be built, fhall ftand adjourned from ihei'lace where the Court ftiould before have been held, to the Court-Houfe. XIL AND be it further Enaded, by the Authority aforefaid. That ]ohn Pryor, Edtnund Fanning, Alexander Mauin, Matthew Locke, ]ohn Dunn, Griffith Rutherford, and ]ohn Campbell, Efquirs, or the Majority of them, be, and they are hereby appointed Commiffioners for laying oft' and appointing a Place, and thereon erecting the Court-Houle, Prifon, and Stocks, for the laid County of G«/7- ford, and for running the dividing Lines between the faid County of Guilford and the Counties of Rovjan and Orange, agreeable to the Directions- in this Act before mentioned; which faid Com- miffioners fhall be paid their neceffary Expences for running the faid Lines by the County of Guilford, out of the County Tax. XIIL P RO VID E D alvuays. That nothing hererein contained Ihall be conftriied, deemed, or taken, to alter or derogate from the Right and Royal Prerogative of his Majefty, his Heirs and Suc- ceffors, for granting Letters of Incorporation to the faid County of Guilfcrd, and the Direction of a Member or Members to reprefent the faid County in the General Aflembly of this Province, of granting Markets and Fairs to be kept and held therein ; but that the Right and Royal Prerogative ihall and may at all Times hereafter, be exercifed therein by his faid Majefty, his Heirs and Suc- ceffors, in as full and ample a Manner, to all Intents and Purpofes whatlbever, as if this Act had never been made. XIV. AND be it further Enaiied, by the Authority aforefaid. That the Freeholders of the faid Parifh of Unity fhall, on next Ea/ter Monday, meet at the Place where the Inferior Court of the County oi Guilford \s held, then and there to choofe and eled Veftrymen for the faid Parifli of Unity ; which Veftrymen fo chofen fhall be invefted with the fame Powers and Authorities, and liable to the fame Rules, Reftridions, and Penalties, as other Veftries are by Law fubjeded to ; which Veftrymen fo thofen and eleded fhall be and remain the Veftry of the faid Parifti of Unity, until the Time by Law- appointed for the Eledion of Veftrymen throughout this Province. Repealed by Pro- clamation. CHAP. XXV. An A51 for auihorifing Prefbyterian Minifters^ regularly called to any Congregation within this Province^ to folemnize the Rites of Matrimony, under the Regulations therein mentioned. Preamble. CHAP. XXVI. An ASi to amend and continue an A51, For facilitating the Navigation of Port Bath, Port Roanoke, and Port Beaufort. !• TT /"HERE AS many Ships and Veffels bound into Occacock Inlet are frequently detained on Vy the Outfide of the faid Inlet by the Negligence of the Pilots, to the great Injury of the Perfons L j4 f^ S of North -C a k o l i n a. 481 Perfons concerned in the faid Ships and Ve/ll'!s : And whereas the Rates allowed for piloting Vefiels A. D. 1770. into the iaid Inlet, by the before recited AA, are inadequate to the Expence cf Boats and Hands pro- u«*-~v~~^ per to be employed in fuch Service : II. BE it there/Sre Enabled hy the Governor, Council, and /IJfembly, and by the A.tthority of the fame, " Rates of Filot- That from and after the Firlt Day of A/arc^ next, there Ihall be paid and allowed to every Branch age Pilot, who (hall be provided with a good decked Boat, well fitted with Siils and i'^ig^ing, and who Ihall take Charge of any Ship or Veflel at Sea, the following Pilotage ; that is to fay, FOR every Ship or Veflel that draws Nine Feet Water, or lefs, from the Outfide of the Bar of Occacock into Beacon liland Road, or any other Harbour where V'eflcls ufually anchor at. Four Shil- lings, Proclamation Money, per Foot. And ■ FOR every VefTcl drawing Nine Feet Water, or upwards. Five Shillings, Proclamation Money, per Foot ; and that the Pilotage outwards be and remain the fame as mentioned in the before recited Aa. III. A N D for the further Encouragement of Pilots to board Veflels at Sea, Be it further EnaSied, Pi'<'t» fensuJinj hy the Authority afore/aid, .That when 3ny Pilot fliall offer his Service to any Mafter of a Ve/Tel, bound ^e"^'^ ^'^ ^^^' into the faid Inlet o\ Occacock, he fhall be intitled, although the IVlalter of fuch Vellti Ihall refufe to employ him , to the fame Fees which he would have been intitled to if he had taken Charge of the faid VefTcl, and the Mailer iliall be obliged to pay the fame accordingly : And if any Ship or Vcffel, com- ing into the faid Inlet cf Occacock, and taking a Pilot on Board, ihall be by contrary Winds, or other- wife, drove off the Coaft, the Mafter or Owner of fuch \''eflel fhall allow and pay the laid Pilot Two Shillings and Eight Pence, for each and every Day he Ihall be on Board the faid Vefl'el, over and above his Pilotage. • ^ lowcJ t'ilotagL Allowance to I'i- lots carried to Sea in any Vef« fd. IV. A N D he it further EnaHed, by the Authority aforefaid. That when any Branch Pilot fhall fee Pen. on Pilots any Veflel on the Coaft, having a Signal for 5 Pilot, and ihall negled or refufe to go to the AfTiftance ncgkaing to go of fuch Vcfil-1, on proper Proof bein? mac'e of fuch Nepleft or Refui'al, fliall forfeit and pay the Sura °"f * ," 1*" r rr. I. 1 - I'i « -!■ r IN I • ^ V. 1 • , • ,, • > "''« made tor ol 1 wenty l-'ounds ; to be recovered by Attion of Debt, in any Court of Record in this Piovyice ; the tliera. one Half to the Informer, the other Half to the Mailer or Owner of fuch Ship or Vcffel. V. AND be it further Enaiied, hy the Authority aforefaid. That when any Ship or Veflel, bound Vcffeli havJn" to cither of the Ports o{ Roanokt, Bath, -or Ban fort, having the Smallpox, or any ocher jnfcdious inlcdlionj D 1 - Diilemper on B3?lrd, the Mafter and l^ilot of fuch Ship or Vellel fhall give immediate Information fmpcrs, oblig- thcreof to the Comniiffioners of (he Navigation of the Port they are bound to ; and the laid Cominif- ^'^ ''^ perform fioners, or any l'hre?of them, aie hereby inrpowercd and dircilled to order and command the faid Q^^""'""'' Mafter of fuch Ship or Veifcl to perform Quareniine with hi,s liiid Veffel, at fucii Place, and Nunnber of Days, i^ they fliall think' necefi'ary : And if the faid Mafter or Pilot fhall negleilt or refufe to give fuch Information, ihey fliall forfeit and pay the Sum of One Hundred Pounds, Proclamation Money; to be recovcrecLand applied in the fame Manner as other Fines and Forfeitures aie diiccled in the before recited Act. . VI. A N D be it further EnaSed, hy the Authority aforefaid, "thztChrifepherNeale, Jacob Si/epard, Commiflioners and Richard Ellis, Efquires, be appointed Commiifioners for the Port of Beaifrt, in ihe Room of f"' ''"" Bcau- Gabriel Cathcart, Thomas Clifford Hoive, and John imith, deceafed j and Daniel Maxwell iot the Port *""' of Bath, in the Room of Peter Blinn, deceafed. VII. AND be it further Enaiied, by the Authority aforefaid. That the CommifTioners of Port I'^mplico RJvcr Bath be, and they are hereby authorized and impowered, to order and diredt the Perfons appointed by to be ftjjccd out. them to flake out the Channel leading from Occacock to the faid Port of Bath, to put and keep up Stakes, at neceifary Places in the River Pampluo, to the Mouth of Tranter's Creek j any Tiling in the before recited Aft to the contrary notwithftanding. VIII. AND be it further EnaBed, by the Authority aforefaid. That this, and the before recited" Continuance Acl, fhall continue and be in Force for and during the Term of Ten Yea/s, from tke pafling of this the Ad. Acl, and from thence to the End of the next Seflion of AfTembly. of CHAP. XXVII. An Act for efiabliJJoing a new County between Campbleton and Hillfborough, hy taking the Southern Fart of the Inhabit anis oj Orange County, and by erecting the fame into a diftinct County, by the I^J ante cf Lhjithm-] County, and St. Batholomcvf l^arifb. I. iTl 7 HERE AS the great Extent of the County of Orange render the Attendance of the Inhabi- Preimbi-, W tants of the Southern Part thereof to do public Duties extremely diliicult and expcnlive; For Remedy wjicreof, II.' B E it Enaiird, by the Governor, Council, and Affcmbly, and hy the Authority of the fame. That c;,j(hatn. C mntv from and aiter the Fi, it Day cf yy/>;/ next, the Inhabitants ol the County of Oz-a/z^f, lying to the South trctlcd. of a. Point Sixteen Miles due South oi HUlfliorough, ar.d bounded as follows, to ivit. Beginning at the • S f f albicfaid 482 LAWS of North-Carolina. A, D. 1770- aforefaid Point, running thence due Weft to Guilford County Line; thence South along Guilford County Line to Cumberland County Line ; thence along Cumberland and IVake County Lini^s to a Point due Eaft of the Beginning ; thence due Weft to the Beginning ; be erefted into a diftinft Coun- ty, by the Name of Chatham County, and St. Bartholomeuu Farifti. Courts for Chat- ham when heU. Juftice: Court s to hold Tax laid for building a Court- Iloufe, Sec, Sheriff of Oran?: to diftrain for Taxes as before thfe Divilion. Suits commenced |l*iii Orange, She- riff, of that County to exe- cute all fubfe- quent Procefs. Chatham Part of HiilfboroughDif tria. Jurors for faid C JUDty. Sheriff to account with the North- ern Treafurer. Jurors for Orange County, Sheriffs for Chat- ham how ap- pointed. in. AND for the due Adminiftration of Juftice ; Be it Enaiied by the Authority aforefaid. That from and after the faid Firft Day of April next, an Inferior Court of Pleas and Quarter Seffions be conftantly held for the faid County of Chatham, on the firft Tuefdays in February, May, Auguft and November, f\x\ every Year, at Capt. Stephen Poe's Houfe, by Commiflion to the Juftices, in the fame Manner as other Inferior Courts of Pleas and Quarter Seflions are held within this Province ; and the faid Inferior Court ftiall take Cognizance of all Matters, Suits and Things, and is hereby veiled with the fame Powers, Jurifdiftions and Authorities, as any other Inferior Court ftiaU or can have within this Province. IV. AND be it further EnaSled, by the Authority aforefaid. That the faid Juftices to be appointed for the County of Chatham aforefaid, are hereby direihted to meet on the Firft Tuefday in May next, at Stephen Poe's aforefaid, and take the Oaths appointed for their Qualifications ; and the Juftices of the faid County of Chatham, or any Three of them, after being fo qualified, (hall hold an Interior Court of Pleas and Quarter Seflions, at the Place and Times herein before appointed ; and every of them, at all Times during their Continuance in Office, as well within the Inferior Court of Pleas and Quarter Seifions as without, ftiall have and exercife the fame Powers and Authorities, and be fubjeft to the fame Forfeitures and Penalties, as other Juftices of the Peace within the ieveral Counties in thii Province are liable to. V. AND he it fiifther EnaSed, by the Authority aforefaid. That a Poll-Tax of Two Shillings, be laid on each taxable Perfon of the faid County of Chatham, for Three Years, for building a Court- Houfe, Prifon and Stocks therein ; which Tax Ihall be collefted by the Sherift"of the County afore- faid, at fuch Times, and in the fame Manner as other Taxes are eoUefted ; and Ihall be paid to the Perfon or Perfons who fliall be impovvered to receive the fame. VI. A N D be it further Enai}ed, by the Authority aforefaid. That nothing herein contained (hall be conftrued to debar the Sheriftof the County oi Orange, as the faid Counties ftand undivided, to make Diftrefs for any Taxes, Levies, Fees, or other Dues that ftiall be due from the Inhabitants of the faid County, on the firft Day of April next, in the fame Manner as by Law the faid Sheriff might or could do il the faid Counties had remained undivided ; and the faid Taxes fliall be colleded and accounted for in the fame manner as if this Act had never been made : Any Thing herein contained to the contrary notwithftanding. . VII. A N D to the End that no Aftion commenced in Orange County be defeated by the Divifi- on aforefaid ; Be it Enabled, by the Authority aforefaid. That where any Adlion is already commenced in Orange County, and the Parties or Eviaences fhall be Inhabitants of Chatham Courfty, all fubfe- quent Procefs againft fuch Parties or WitnefTes, fhall be diredled to be executed by the Sheriff of Orange, to the End and final Determination of faid Caufes : Any Law, Ufage, or Cuftom to the con- trary, notwithftanding. VIII. A N D be it further Enabled, by the Authority aforefaid. That from and after the pafling of this Ad, the faid County oi Chatham fliall be and continue Part of the Diftrid of the Superior Court of Juftice held for the Diftrid of HiUfiorough, at the Town of Hillfhorough ; and the Juftices of the faid County oi Chatham fhall, and they are hereby direded, at the Court to be held for the faid County, next preceeding every Superior Court, to nominate Eight Freeholders, to ferve as Grand and Petit Jurors at fuch Superior Court ; and a Lift of fuch Jurors fo nominated, fhall be delivered by the Clerk of fuch Court to the Sherift"; who fhall, and is hereby required, to fummon fuch Per- fons fo nominated to ferve as Jurymen at fuch Superior Court of Juftice to be held for the Diftrid of Hillfhorough ; which Jurymen fo nominated, fhall have and receive the fame Allowance, and be un- der the fame Rules, Fines and Reftridions, as other Jurymen are in the refpedive Counties in this Province: And the Sheriff of the faid County of C/6^/2'«w fhall, from Time to Time, account for and pay to the Public Treafurer of the Northern Diibidofthis Province, for the Time being, all Public Levies by him colleded, or wherewith he ftiall ftand chargeable, in the fame Manner, and under the fame Pains and Penalties, as other Sheriffs of the faid Diftrid. IX. AND whereas the Jurors appointed by Law to ferve at the Superior Court for the Diftrict of Hillfhorough, were limited to Thirty-fix for Orange County ; Be it Enacted, by the Authority afore- faid. That the Jurors attending the faid Superior Court, after the paffing of this Act, fliall be only Twenty-two for faid County : Any Thing herein contained to the contrary notwithftanding. X. AND be it further Ena^ed, by the Authority aforefaid. That the feveral Sheriffs to be commilfi- oned for the faid County of Chatham fhal! be in the fame Manner as is directed for appointing and commiffioning Sheriffs in the other Counties in this Province ; which Sheriffs fo comniiflioned fhall account with, and pay to the Treafurer of the Northern Diftrict, all the Monies which he fhall or ought to receive, in the fame Manner as other Sheriffs, and fliall have the fame Powers and Authorities, and be liable to the fame Fines, P'orfeitures, and Penalties, as are directed and inflicted by the feveral Acts of Affembly in this Province. XL AN 9 LAWS of North-Carolina. 483 XI. AND he it further Enaded, by the Authority aforefaid. That the Commiffioners, or a Majority A, D. lyjo. of them, herein afcer appointed, are hereby im powered and directed to employ Workmen to build v.— "-v" .»> a Court- Houfc, Prifon, and Stocks, in the (aid County, for theUfe thereof; and the faid Court, and Commiflionfrs to all Caufes, Matters, and Things, in the fame depenaing, after fuch Court-Houfe (hall be fo built, ''"''''^ " ^o"''* fhall (land adjourned from the Place where the Court fiiall before have been held, to the Court- "-'"''•■***=* Houfe. XII, AND he it further EnaBed, hy the Authority afore/aid, That Edmund Fanning, Mark Mor- And apooint the gan, Richard Parker, Stephen Poe, and Richard Cheek, or a IVl .jority uf them, be, and they are here- l''^"''" building by appointed Commiffioners to lay off and appoint the Plav.e where the Court-Houfe, Prifon, and iivfa"„ "! '""'*** Stocks, for the Ufe of the faid County of Chatham, fliali be built, and there to erect, or caufe the fame to be erected, and to run the dii/jding Lifie between the County of Orange and the faid County of Chatham, agreeable to the Directions in this Act before mentioned ; which faid Commiffioners fhall be paid their neceffary Expences for running the faid Lines by the faid County of Chatham, out of the County Tax. XIII> PROVIDED always. That notl)ing herein contained (hall be conftrued, deemed, or Royil Premga- taken, to alter or derogate from tlic Rigiic and R i>al i'rercgiuive of his Majefty, his Heirs and Sue- ''"^ of Incnrpo- cefibrs, for granting Letters of lncorp< ration to the laid County of Chatham, and the Direftion of a Jf'")/! /^'^<* w Member or Members to reprefent ciic faid Cjunty in tlie General Alfembly of this Province, and of *■*'■ ^" granting Markets and Fairs to bt; kept and held therein ; but that tne Right and Royal Prerogative (liail and may, at all Times hereaiter, be txercilcd therein by his iaid Majefty, his Heirs, and Suc- ceffors, in as full and ample a Manner, to all intenti> and Purpofes whaifoever, as if this act had ne- ver been made. XIV. AND he it further EnaHed, by the Authority cforefaiJ, That the Veftry ofthe Parilh of Veftry of St, St. Matthew's, in Orange County, ui the fame now Hands undivided and entire, Ihall from henceforth Matthew'i dit* be, and is hereby diilblved and made void, to all Intents and Purpofcs. Uved. XV. PROVIDED neverihelefs. That all Afts of the faid Veftry heretofore legally made and Their Afts d(- done, are hereby declared to be goud and valid, as if this AH had never been made. "ared valid. XVI. AND he it further EnaiJed, by the Authoity aforefaid. That the Freeholders of the Pari (h Veflnes for the oi St. Matthew, in the County of Orfl«_g?, ftiall, and tiiey are hereby impowered, required, and di- '^^'fA'^s °f St. refted, to meet at the Town of Hiilljhorvugh, on Eajhr Monday next after the paffing of this Ad, jg^rthdnmew ^*' then and there to eled and choofe 1 weive freeholders of the faid Parilh to ferve as Veftrymen of the be eleflei. faid Parifti of St. Matthew ; and that the Freeholders of the Parifti of 5/. Bartholomew, in the iZoanty of Chatham, fhall, ai.d they are hereby impowered, diieCted, and required, to meet at the Hl ufe of Captain Stephen Poe, on Eafer Monday next afier the paffing hereof, to eledt and choofe Twelve Freeholders of the faid Parilh to ferve as Veftrymen of the faid Parilh ; which Eledlions fhall be m.ade by the ShcnK oi Orange County, as the lame now ftands undivided, under the like Rules and Reftrictions, Pains and Penalties, as well with Refpect to theSnerift'as the Freeholders of the faid Parilhes, as other Elections of Veftries in this Province are by Law appointed to be made. And the Freeholders fo elected Veftrymen for the faid Parifhes refpectively, after taking the Oaths by Law appointed for their Qualificaiion, fhall be, and they are hereby declared from thenceforth to be Veftiies of the faid Parilhes ref^-cctively ; and are hereby required to exercife and ufe the fame Powers and Authorities, as other Veftries in this Province, may, can or ought to exercife. XVn. AND whereas the Days heretofore appointed by Law for holding the Inferior Courts in Several Court the Counties of Graww//^, Rowan, Tyrrel, and Hyde, have been found inconvenient to thofe whofe Dajj altered. Bufinefs it is to attend fuch Courts ; Be it therejore Enaded, by the Authority aforefaid. That from and after the paffing of this Act the Inferior Courts of Pfeas and Quarter Seffions lor the feveral Countiei aforefaid ihail be held on the Days following, to wit, Granniille, on the Third Tuefdays in February, May, Augujl, and No'vember; Rowan on the F'u A Tue/days in February, May, Au^uji, and Ncvember ; Tyrrel on the Fourth Tuefdays in February, May, Augujl and No-vember ; and Hyde on the Firft Tuef- days in March, June, September, and December. XVIII. AND be it further Enaded, by the Authority aforefaid. That all Actions, Suits, Writs, Suits eontinaed to Proccfs, Petitions, Indictments, informations, and Prefentments, whatfoever, heretofore commenced the Djys altered in, i/Tued from, or returnable to, the refpedlive Courts, the Time for holding of which is altered by ^y 'his Aft, this Ad, fhall be, and are hereby continued to the particular Days and Times hereby appointed ; and all Subpoenas for Witneffes, and Recognizances for the Appearance ofPerfons at the faid Courts, as eiFeftual as if the particular Day for holding any of the faid Courts had been mentioned therein ; and the Perfons fummoned as Witneffes, and entering into fuch Recognizances, bound to appear accordingly; any Matter or Thing in any other or former Ad, to the contrary hererof, notwith- ftanding. CHAP. XXVIII. An Act to regulate the ijfuing of Marriage Licences. l.TT 7 HE R E A S a Pradice has prevailed among fome ofthe County Court Clerks of this Pro- preamWej YV vince, of writing and Cgning Marriage Licences themfelves, under Pretence of not being furnifhed 484 L ^ H^ S of North-Carolina. ^. A. D, 1770' furniflied with any Blank Licences from the Governor, contrary to the true Intent and Meaning of an A&., intitued An A^, to' amend an Ad, intituled, ' An AiX concerning Marriages :' For the Pre- vention whereof, and that his Excellency the Governor, or Commander in Cheif for the Time being, may not be deprived of the juft Emoluments intended to be referved to him by the aforefaid Aft; Marriage Licen- ces how obtain- ed. II. BE it Enaded, by the Governor, Council, and AJfetnbly, and by the Authority of the fame. That all Marriages by Licence, fhall be by Licence under the Hand and Seal of the Governor or Com- mander in Chief for the Time being, and not otherwife : And each and t\t'!y Perfon folemnizing the Rites of Matrimony between any two Perfons in Virtue of a Licence otherwife granted and ob- tained than under the Hand and Seal of the Governor or Commander in Chief for the Time being, Ihall incur the like Penalty as if he or they had celebrated fuch Marriage without any Licence for fo doing ; any feeming or apparent Permiffion or Authority in the aforefaid Aft to the contrary here- of, notvvithftanding. III. AND for compelling the Clerks of the Inferior Courts to account with the Governor or Commander in Chief for the Time being, for any Fees that may be received for him by Virtue of this, or any other Aft of AfTembly ; Be it further Enaiicd, by the Authority aforefaid. That when Motion fliall be hereafter made in any Court having Jurifdiftion thereof, againlt any Clerk for Fees, which fuch Clerk ought to be accountable for to the Governor or Commander in Chief for the Time being, the Sum fuppofed to be due fliall be fpeciiied in the Notice ferved on fuch Cieik, at lealt Ten Days before fuch Motion ; who, on appearing thereto, fliall render an Account on Oath, for all fuch Monies as he hath or ought to have received lor fuch Governor or Commander in Chief and pay the fame J and on Failure fo to do, the Court fliall give Judgment for the whole Sum mentioned in fuch Notice, and award Execution thereon. Repealing Claufc, IV. AND be it further Enaiied, by the Authority aforefaid, That fo much of the above recited Aft, and fo much of any other Aft or Afts as comes within the Purview of this Ad, fliall, from and after the palling hereof, be repealed and made null and void. Clerks compelled to account for the G'lvetnor's ■fees on Licences. CHAP. XXIX. An Act, for further continuing an Act, For the Reftraint of Vagrants, and for nuking Provifion for the Poor ; and other Purpofes. Preamble, I. "1 T 7 H E R E A S the Aft for the Reftraint of Vagrants, and for making Provifion for the Poor, YV and other Purpofes, made in the Year of our Lord One Thoufand Seven Hundred and Fifty-five, and continued by two fubfequent Afts, is now near expiring j and the fame being found, by Experience, to be of general Utility ; Afla contiaued* IL BE it Enabled by the Qo'vertwr, Council, and Ajprnhly, and by the /Authority of the fame. That the before recited Afts, and every Claufe and Article of them, and each and every of them, continue and be in Force, from and after the pafTing of this Aft, for and during the Space of Five Yearj, and from thence to the End of the next Scflion of AflTembly, and no longer. This Aft had its CHAP. XXX. An Act for appointing and impowering Mr. William Moore, of Tryon County, to collect and receive the Taxes which were due from the Inhabitants of the faid County for the 2' ear One Thoufand Seven Hundred and Sixty Eight. CHAP. XXXI. Preamble. Truftees appoint- ed fir buikihg the Gaol, An A£l for appointing Trufiees, in the Room and Place of thofe heretofore appointed by an A£i of Ajjembly, paJJ'ed in the 2'ear One Thoufand Seven Hundred ami Sixty Eight, intituled. An Adt tor building a Public Gaol, and Gjaoler's Houfe, for the Dif- trid: of Newbern, in the T "own of Newbern. ' I. X T 7" H E R E A S the Truftees appointed by the before recited Aft have not proceeded to the Y y Difcharge of the Trull rcpcfed in them, within the Time limited by the faid Ad : II. BE it therefore Enaiied by the Governor, Council, and Affemhly, and by the Authority cf the fame. That x}s\^Wono\iXzWi^ Samuel Cornell, Efquire, Nir. Jacob Shepard, and Mr. Richard Bicckled^e, be, nnd are hereby appointed Truftees (in the Room of thofe appointed as aforefaid) to agree and contrad with any Perfon or Perfons for defigning, fuperih tending, building, and finifhing the faid Gaol, and Gaoler's Houfe, in Manner as in the faid recited Ad is mentioned, with the fame Powers, and under the fame Reftridions, as the former Truilees by the before recited Ad appointed. IIL AND LAWS of North-Carolina. III. AND be it further EnaSed, by the Authority afcrefaid. That the Truftees by this Ad ap- pointed (hall, and they are hereby impowered and requiied, to receive into their Hands all Monies heretofore coUecled and paid for the Pnrpofes in the faid Ad mentioned, or that hereafter may become due or arifing from the Taxes within ihc Diltriil of Ne-wbern, for building the faid Gaol and Gaoler's Houfc ; and on Negled or Kefufal, to proceed againlt fuch Delinquents in the iVianner prefcribed in the faid recited Ad. 4^5 A. D. 1770. IiT.piwerfd to r?. ceive the M nics due Ui the Ume. Preamble. Minnpr of faklp* L ^Is.fiheTovrn Taxable. CHAP. XXXII. • ^n AEt for obtaining a true and diftinct Lift of the taxable Perfons in the Town of New- bern, and to impower the Sheriff to collect the Town Taxes due from the inhabitants of the faid Town. I. T T 7H E R E A o there 3$ not any Provifion made in the Laws now in Force for obtaining a true YV and dirtind Lilt of Taxables in the faid Town, which has rendered the colleding of the Town Taxes very difficult and uncertain : For Remedy whereof, II. BE it EnaSled, by the Gciernor, Council, and AJJlmbly, end by the Authority 'of the fame. That at the firlt Meeting of the Ccmmilfioncrs of the faid Town after the pafling Of tr.is Act, an;J thereafter, at the firll Meeting after their Eledioh, annually, they Ihall, and arc hereby impowered and lequired, to appoint one of the faid Ccmmiffioncrs to take a Lilt of all the Male Taxables refiding in the iaij Town ; and the Commilfioner fo appointed is hereby impowered to adminifter an Oath, to the Truth of all fuch Lifts : And the faid Commiflioners fhall immediately give Notice, by Advertifements, or otherwife, to the Inhabitants of the faid Town, to appear before fuch CommilTioner fo appointed, and give in a Lift of all the Male Taxables in their refpeilive Families, within Twenty Days after fuch Notice ; and on Negled or Rcfufal, the Perfon or Perfons fo negleding or refufing, Ihall be fubjed to the fame Penalties as for negleding to inliit their Taxables with a Magillrate for the County, which fhall be recovered in the fame Manner, and to the like Ufes, as the aforefaid Penalties : And the faid Commiffioners fhall caufe a fair Copy of the Lifts by him taken as aforefaid, to be delivered immedi- ately to the Shcrifiof the County oi Craven; who Ihall, within One Month after, proceed to colled the Taxes laid on the faid Inliabitants by the Conimiinoners of the faid Town ; and Hiall account for, and pay the fame to the faid Cnmmillioncrs, on or before the loth Day of June, yearly; under the fame Rules, Rcllridicns, and Penalties, and intiiled to the fame Emoluments, and fubjed to the fame Method of Recovery, as tor Non-Payment of Public Taxes. III. AND whereas the Taxes laid by the Commiflioners of the faid Town on the Inhabitants sheriff to collfft thereof, for feveral Years paft, remain iincolleded ; iind the late and prelent Sheriffs are in Doubt the Town Tax ej. whether they aie, by the Laws now in Force, enabled to diftrain for the fame : Be it Ena^ied, by the Authority aforejcud. That the prtfent and late Sheriffs of tiie County of Craien, are hereby declared to have the ianse Power to make Dillrcfs on all Perfons who are in Arrear for Taxes to the faid Town as they are intitled to in colleding other Taxes. iV. PROVIDED neverthelefs. That fuch Sheriffs fhall not take and receive any Fees for Dif- Not to take Feei trefs for fuch Arrears of Taxes, unkfs the Perfon or Perfons fo in Arrear fhall negled to pay the fame "" '^e Arrears, within Three Months after palling ol this Ad. V. AN D be it further Enabled, by the Authority aforefaid. That no Perfon in the faid Town fhall No Perfon to pay hereafter be fubjed to the Payment of the Town Tax* until he hath refided Three Months in the faid Town Tax, tiil Town; 3 Months K.eii- diioce. CHAP. XXXIII. An Act to direct Sheriffs in levying Executions, and the Difpofal of Lands., Goods, and Chattels, taken thereon, '• TIZHERE AS great Injuries havearofe from difpofing of Lands, Goods, and Chattels, taken ., YV on Executions, from the great Scarcity of Currency : For Remedy whereof, freambie. IL BEitEnadcd, by tie Co-vemor, Council, and Afimbly, and by the Authcrity of the fame. That Executiont not from and alter the palling ol this Ad, no ;;herifFor Other Cflicer within this Provinie, to whom Exe- to be k*ied o« cuuon Ihnil be dircdtd, ll.all levy the fame on Lands or Negroes, where ether fuhicient Diftrefs of Lands or biavej. Commodities fit for Expoitaiicn is flicwn ; and every Sheriff or other Oftker, who, by Virtue of an *''"= <"*>«' '^''- Execution, ll.all expole to Sale any Lands, Goods, or Chattels, of what Kind or Nature foever, «'=''"''"=*'>• where the Sum levied for dots exceed the Sum of Five Pounds, Ihall f.rft fummons one Juftice of the Peace, and two Freeholders of the Ct.unty, cne to be named by the PhiintifF, and the other by the Defendant; and on their Ntgli-d, to be named by the Sherifi", to appear at a particular Day and Place, to infped and value the lame, or fo much thereof, at two Thirds of the Value, as may be fufticient to pay the PkuntifFhis Debt and Ccfts ; and the faid Juftice and Freeholders ftall render in Wruing, under their Hands and Seals, the Boundaries, Quantity, Situation, and Value of the faid Lands, to the Sheriflof the County, who is hereby required to admHuller the following Oath : Manner >A Vjlu- atio*. TOV 486 LAWS of North-Carolina. A. D. 1770. "\7^ O f/, and each of you, do fnuear, that this Injlrument of Writing by you froduced, contains a true Va- Vw^—v/— -«,> X luation of one or more (as the Cafe may be) Trad or Tracts, Part or Parcels of Land, filiate in the Valuers Oaih. County of , on , or Goods (as the Cafe may he) and taken by Virtue of an Execution, at the Infance of • -, and that you ha've proceeded in fuch Valuation, upon a careful Vieiv, and according to Laiu, to the bejl of your Knoivledge and Information, -without Favour or Difike to cither Party. SO HELP YOU GOD. Nnt to be fold Which faid Inftrument of Writing, with the Certificate, fhall be by them delivered to the Sheriff, t'.r lefs than two who Upon expofing iuch Lands, Goods, or Chattels to Sale, fhall not difpofe of them for a lefs Sum ""' '" ' '"" than two Thirds of fuch Valuation, under the Penalty of One Thoufand Pounds ; to be recovered by Aftion of Debt, in any Court within this Province having Cognizance thereof, by and for the Ufe of the Party grieved. Thirds Value, of the PhintifF to take Goods at two Thirds Value. Not to extend to D bts to the King, &c. Lands fold by former Sheriffs, fucceeding She- tiffs t" make them a Title. Sheriffs Fee for fummoniug Free- holders, and Hen, for negl'.fling to attend. Ci^nt'nuance the Aa. of III. AND he it further EnaBed, by the Authority aforefaid. That if any Lands, Goods, or Chat- tels, be fet up for Sale as aforefaid, fhall not be difpofed ot^ the Plaintiff fhall take the faid Goods and Chattels, and may take the Lands at two Thirds of the Value thereof; in which Cafe the Sheriff, or other Officer, is hereby impowered and direfted to give fuch Plaintiff a Deed or Bill of Saie for the fame, in the fame Manner as he might have done had the Lands, Goods, or Chattels, been fold at Public Vendue. Provided, That Lands fhall not be taken on any Execution^ when there fhall be Goods and Chattels fuflicient to fatisfy the fame. IV. PROVIDED alivays. That nothing in this Aft contained fhall be deemed, or conflrued to extend to any Execution of Executions, for any Debt or Debts payable to his Majefty, to this Province, or to Merchants in Great Britain. V. AND be it further Enailed, by the Authority aforefaid. That .where any Sheriff 01^ Coroner has heretofore fold any Lands under a late Aft of Affembly, intituled. An Acl to direil Sheriffs in le-vying Executions! and the Difpofal of Lands, Goods, aud Chattels, taken thereon, and hath negleited to make a good and fufficient Title thereto, either to the Perfon purchafing at Vendue, or to any Plaintiff", who under the faid Aft has been obliged to take fuch Lands at two Thirds of the Value, fuch Sheriff' or Coroner, though he may be out of Office, fhall, and is hereby required, to feal and execute a Deed of Bargain and Sale for fuch Lands, to fuch Plaintiff or Perfon who hath purchafed at Vendue as aforefaid ; and in Cafe any Sheriff or Coroner, having fold any Lands as aforefaid, who is dead or removed out of the Province, his Succeffor in Office is hereby impowered and required to make fuch Conveyance as herein next before is direfted. VI. AND be it further Enaaed, by the Authority aforefaid. That the Sheriff or other Officer fhall be, and is hereby intitled to receive the Sum of Two Shillings and Eight Pence, for every Juflice and Freeholder fo fummoned ; and every Jullice and Freeholder that fhall negleft or refufe to attend, un- lefs pevented by Sicknefs, oV fome other fufficient Caufe, he or they fo neglefting or refufing fliall forfeit and pay the Sum of Five Pounds ; to be recovered in the Infeior Court of the County, by Ac- tion of Debt, and applied to the Ufe of the Parifh. VII. AND he it further Enabled, by the Authority aforefaid. That this Act fhall continue and be in Force for and during the Term of Two Years, and from thence to the End of the next Seflion of Affembly, and no longer. I'rcJroble. CHAP. XXXIV. An Act for the more advantageous and eafy Manner of obtaining Partitiom of Lands, in Coparcenary^ Joint Tenancy, and Tenancy in Common. I. "^T 7 HE RE AS the Proceedings by the Common Law upon Writs of Partition between Co- VV parceners, Joint Tenants, and Tenants in Common, are tedious, chargeable, and often ineffeftual ; and whereas the Lands belonging to Coparceners, Joint Tenants, and Tenants in Com- mon, frequenly lie in different Counties and Diftrifts, and great Part of the Lands in this Province are fo extremely poor and barren that they will not admit of a minute Partition, as in England, where every fingle Acre is feparately of real Value, by Reafon of which divers Perfons having undivided Parts or Purparts are greatly oppreffed and prejudiced; and the Premifes are frequently wafted or deftroyed, or lie uncultivated and unmanured, fo that the Profits of the fame are totally, or in a- great Meafure loft ; For Remedy whereof. Manner of ob- H- BE it Enaded by the Governor, Council, and Affembly, and it is hereby EnaBed by the /Authority of taining Partitions the fame. That from and after the paffing of this Aft the Demandant for the Partition of any Lands, in Coparcenary, Tenements, or Hereditaments, fhall file his or her Declaration in the Office of the Superior Court where the Suit fliall be brought; whereupon a Summons or Summonfes, together with a Copy or Copies of fuch Declaration, fliall be ifTued by the Clerk of fuch Court, direfted to the Tenant or Tenants to the Aftion, and returnable to the Court from whence the fame iffued, commanding him, her, or them, to appear thereat ; and if upon the Service of fuch Summons or Summonfes, the Tenant or Tenants to the Aftion fhall fail to appear or plead, the Court may proceed to examine the Demand- ants Title and Quantity of his Part and Purpart, and accordingly as they fhall find his rioht Part and Purpart to be, they fliall for (o much give Judgment by Default, and award Partition to bo made, according LAWS of North-Carolina. 487 according to the Rules hereafter mentioned, whereby fuch Proportion, Part and Purpart, may be fet A. D. 1770' out feveraily ; which having executed, after giving Ten Days Notice to the other Parties, or if they v_, -\— .J cannot be found, to the Occupiers or Tenants in adual Poffeffion of the Premifes (where fuch Occu- pier or Tenant in Pofieflion is not Demandant in the Aftion) and returned, and thereupon final Judgment entered, Ihall be good, and conclude all Perfons whatfoever, after Notice as aforefaid, whatever Right or Title they have, or may at any Time claim to have, in any of the Meffuages, Lands, Tenements, and Hereditaments, mentioned in the faid Judgment and Writ of Partition, al- though all Perfons concerned are not named in any of the Proceedings, nor the Title ot the Tenants truly fet forth. III. PROF IDED always. That when the Tenant or Tenants to the Aftion live out of this Tenants out of Province, that then and in fuch Cafe a Service of the Summons, with a Copy of the Declaration, upon the Prc-vince, the lawful Attorney of fuch abfeiu Tenant or Tenants; (hall be deemed a good Service j ^nd provided Jmp"lj'n« to ba al/o, that in all fuch Cafes when the Tenant or Tenants to the Action live out of this Province as aforefaid, the Court ihali, before any Judgment by Default be entered as aforefaid, allow an Impar- lance to the next iuccceding Term, or funher, as the Cafe may reafonably require, in Order that fuch abfent Tenant or Tenants may have Notice to appear and defend the Aclion, if they think fit. IV. P^ Or/£)£Z> in which Cafe the Court fhall make Partition in the mofl equitable Manner they can. Vr. A N D he it further Enaffed, hy the Authority aforefaid. That where it fhall be found necelTary, Where they are in Order to make a more equal Partition, that any of the Lands, Tenements, or Hereditaments, _ to be ilividi^d in mentioned in fuch Judgment, ihould be divided into two or more Parts, the Court fhall order a Writ j*" " ™°** or Writs of P.irtition to iffue to the County or Counties where fuch Lands, Tenements, and Heredita- ""* ments are fituated, commanding the Sheriff or Sheriffs of fuch County or Counties to make Partition of fuch Lands, Tenements, and Hereditaments, into fuch Proportions and Value only as fhall be ne- ceflary to make, as near as may be, an equal Partition of the whole MefTuages, Lands, Tenements, and Hereditaments, mentioned in fuch Judgment, and order the Sheriffs of fuch Counties refpedively to put the Demandant in Pofiefiion of his or her particular Part, Purpart, or Share thereof ; which Valuation and Partition fhall be returned by the Sheriff or Sheriffs as aforefaid, to remain among the Records of the Court, • D be it further Ena^ed, by the Authority aforefaid. That where the Lands, Tenements, Where they lie ments, mentioned in any fuch Suit, lie in different Diftridls, the Court to which fuch '". <^ ff'^teni D.f- VII. AN and Hereditame...., ... _..^ . ^„,,, „^ ... ^.„^.w..w ^.....^»-, ...- — .-^.. Suit fhall be brought may, and they are hereby authorized and required, to proceed in hearing and determining the Demandant's Title and Claim, in the fame Manner as if all the Lands, Tenements, and Hereditaments, were fituated vvitliin the DiRrift of the Court in which fuch Suit fhall be com- menced ; any Law, Ufage, or Cu (lorn, to the contrary, in any-wife, notwithftanding. VIII. P ROVIDED ah-ays. That no Suit for Partition of Lands, Tenements, or Heredita- ments, fhall be commenced in any Superior Court of this Province, unlefs Part of the Demandant's Claim lie within the Diftrid of the Court in which the Suit is brought. N be broutiht before fuch Court or Magillrate, before whom Int'.rmation ihall be made, to be examined on Oath concerning the faid Offence ; which Osth or Oaths the faid Court or Juftices^ is hereby ini- powered to adminiUer, as alfo to examine any V/itnefs or Witnefl'cs concerning the fame : And if ic Ihall appear that fuch Perfon or Perfons fhall have won at any Kind of Game or Games, or by betting or wagering in any Manner whatfoever, more than Five Shillings in Twenty Four Hours, or the Va- lue thereof in any Goods, Commodities, or other Article or Ariicles, to award Execution againll the Body, or Goods and Chattels, Lauds and Tenements, of fucli Perfon or Psrfons fo cunvitlcd, for fuch Sum or Sums of Money, Goods, Commodities, or other Article or Articles, which ihall have beea won, over and above the Value of Five Shillings in Twenty Four Hours. IV. A N D be it further Ertaaed, That all t)eeds, Mortgages, Bills, Bonds, Notes, AfTumptions, n.^ed? or Morf- S-ecia'.ty or Specialties, Inltrument or Inftruments of Writing, which fliall be hereafter given for the t-as'e . &c f. r p'ryrnent, Security, cr Difcharge, of any Sum or Sums of Money, Goods, Commodiaes, or other a"y Thinz wjn A..,;,.I„«- li-Mz-loo Tklr. .■ <• r 'PKinnc lull d r C ,f upr Icift nf anv C^^mc or G;imes. nr hv hettiiiff or wa. ^' gamiiTL', de- ciared will. ..r.'iT. loiU and Pryi, ,_..-, v.v^„...,, V. g-, „. _..,. -. ,, , Article or Articles, Thing cr Things, whatfoever, loft at any Game or Games, or by betting or wa- g ring, upon due Proof thereof, fliall be deemed null and void. V. AND whereas there are many idle, diforderly, and evil-difpofcd Perfons, who are frequently found I'Mti-ring, gaming, and mifoehaving theaif^rlvss, within this Province ; Be it therefore Enadleo, by the Adhority oforefaid. That it Ihall and maybe lawful for any Jullice of the Peace, and he is hereby diredea and rcqaireci, either on Information or Notice given him, or on his own View, to "'' '^' iftue his V/arrant, and caufe fuch Perfon Or Perfons to be apprehended, and, on Convidion, to com- mit fuch Offender or Offenders to Gao!, until he or they fo committed find fufficient Security, in t!.:: Sum of Twenty Pounds, fcr his or their good Behaviour, during the Term of Twelve Months; and if any fuch OlTender or Offenders fhall be nccutl-d and convicted a fccond Time, or oftener, of loiter- ing, gaming, or milbehaving themfelves as aforefaid, he or ihey fo offending fhall forfeit and pay for each and every fuch Offence the Sum of Six Pounds ; one H:df to the Ufe of him (r them who fhall fue for the fame, and the other Half to the Churchwatdens, for the Ufe of the Parilh where fuch Of- fence was committed ; to be recovered by Aftion of Debt, Bili, Plaint, or Information, in any Court of Record within this Province having Cognizance thereof, wherein there fiiall be no Elfom, Injuncli- on, Proieclion, or V/ager of Law, allowed or admitted of. VI. P ROVl D ED always. That any Perfon or Perfons aggrieved by the Judgment of any Infe- Right of Appeal* rior Court may, and are hereby intitled to an Appeal to the Superior Court of the Dillrift to which . fuch Inferior Court fhall belong ; and any Peifon aggrieved by the Judgment of any Jullice of the Peace, upon Conviction for any of the Offencos in this Aft cognizable before him, may appeal to the next Coui-t to be held for the County wherein futh Perfon fhall be convifted, but Ihall give Notice in Writing of fuch Appeal tc the Appellee, and fliall alfo enter into Recognizance, with two Securities, before any Jullice of the County wherein the Judgment was given, on Condition to try luch Appeal at the next enfuin^ Court heid for the fame County, waich fhall be by the faid Court then heard and finally determined. VII. PROVIDED alfo, That no fuch Judgment obtained before any Juftice of the Peace fhall No Jadgmfnt to be fet afide for Want of Form, wherein it ihall appear to the Court that the Fadt was funiciently b- i<;c aTiJe Us proved at the Trial ; nor fhall any fuch Judgment be removed by any Appeal, V/rit, or ProceL what- ^^^'^ '-^ ^"'"'• foever, to any Superior Court. VIII. AN D be it further EnaSed, ^y /,?.? ^«//;-or/V_)i«/«r^_/2jiV, That this Aft fhall be and continue Continuance of in Force for and during the Term of Five Years, and from thence to the End of the next Scffion of the '•-^^ Affembly, and no longer. CHAP. XXXVt. /in A£l to indemnify the feveral Sheriffs who have not coUe£led the One Shilling Tax pef Poll, for Jinking the Twelve Thoiijand Pounds granted in the Tear One Ihoufand Seven Hundred and Sixty, and the Tax of Two Shii'ings per Pel!, for finking the Twelve Thoufand Pounds granted in the 7'ear One Thoufand Seven Hundred and Sixty One ; and to direct fuch Sheriffs who have received the faid Taxes, to refund the fame to the People from whom they received the faid Taxes. I. WHEREAS it was refolved in the Affembly in D^«^i/^(?r, One Thoufand Seven Hundred Preamble* and Sixty Eight, that the Tax of One Shilling;)^/- Poll, for finking the Twelve Thoufand in the Year One Thoufand Seven Hundred and Sixty, and the I'a.x: of Two Shillings Pounds granted m the Year One 'ihoufand Seven Hundred and bixty, and tiie la.x: ot I'wo tjhillrngs per Poll, for finkinj the Twenty Thoufand Pounds granted in the Year One Thoufand Seven Hundred &nd Sixty One, have had their Effect, and ought not thencefoith to be collected j and it being doubt- U u u ful 49° LAWS of North-Carolina. jS. D. 1770. Taxes not to be solh&ed. Whire they have been colle£ltd, to bs refunded. To be (lifconnteij In the Tax of X770. Treafurers torfif. count, where faid Tax has been paid them, Taxes to ceafe. ful whetlier the ShcrifFs are not liable to account for, and pay th? faid Taxes, into theTreafury, not- withftanding the faid Refolvc : For Remedy whereof, II. BE it Enabled, by theXSovernor, Council, and AJfetribly, and by the Authority of the \fame. That no Sheriff, or other CoUeftor of the Public Taxes, (hall be liable to account for, and pay into the Treafury, any Fart of the One Shilling /^r Poll, for finking the Twelve Ihoufand Pounds granted in the Year One Thoufand Seven Hundred and Sixty, or any Part of the Tax of Tw o Shillings ftr Poll, for finking the Twenty Thoufand Pounds granted in the Year One Thoufand Seven Hundred and Sixty One, which hath become due and payable fince the laft Day qi December, One Thoufand Seven Hundred and Sixty Eight, for or on Account of any Colledion of Taxes; any Law, Ufage, or Cuf- tom, to the contrary, notwithftanding. lil. AND wheireas fome Sheriffs hath proceeded and coUe£led either the Whole, or Tome Fartj of the faid Taxes, fince the pafling the faid Refolve, alledgihg that they would be liable to account for the fame with the Treafurer: Be it EnaSed by the Authority afore/aid. That where any Sheriff, or other Colleftoi- of Public Taxes, hath received from any Perfon or Pcrfons whatfoever, any Part, or the whole of the aforefaid Taxes, on the Colleftion of any Taxes becoming due fince the laft Day of December, One Thoufand ieven Hundred and Sixty Eight, fuch Sheriff or Colleftor ftiall on Requeft of fuch Perfon or Perfons, at any Time after the Tenth Yi^y oi March next, refund and pay to the Perfon or Perfons from whom he received the faid Tax, or any Part thereof, the whole Sum which he ftiall have received, on Account of the One Shilling and Two Shilling finking Funds aforefaid ; to be recovered by Warrant, from any Juftice of the Peace, on the Plaintiff's producing a Receipt from fuch Sherift" or Colledor, and it appearing tb the juftice that the faid Taxes, or anjr Part were adtually received by fuch Sheriff or Colleftor. IV P RO V ID E D neverihelefs. That where any Sheriff or Colleftor who hath received the Whole, or any Part of the faid I'axes, and is continued in Office to colleft the Taxes for the Year One Thoufand Seven Hundred and Seventy, may retain fuch Sums as he hath received on Account of the aforefaid Taxes, until he doth receive the Taxes for the Year One Thoufand Seven Hundred and Seventy j and he is then direfled and required, to difcount fo much of the faid One Shilling and Two Shilling Taxes, as he hath received heretofore according to the true Intent of this Aft. And if any Sheriff or Colleftor of the Public Taxes, ftiall have paid into the Treafury any Part of the faid One Shilling or Two Shilling Taxes aforefaid, which hath been collefted on Account of Taxes becpming due fince the laft Day oi December, One Thoufand Seven Hundred and Sixty Eight, it fliall and may be lawful for fuch Sheriff or Colleftor to demand and receive of the Teafuicr or Treafurers, to whom he ftiall have paid any fuch Taxes, all Sum or Sums of Money which the faid Sheriff or CoUeftor paid him, them, or either of them; to be recovered by Aftion of Debt, in the Superior Court of the Diftrict wherein the County is fituated, of which fuch Sheriff is or was Collector. V. AND be it further EnaSied, by the Authority aforefaid. That neither of the aforefaid Taxes cfOneorTwo Shillings, ftiall be demanded, taken 6x received, of or from any Perfon or Perfons whatfoever hereafter, on any Pl-etence whatfoever. Preambles T3X laid Vears, Applied. Continuance the Aft. Thi-; Aa had its Etf.a, CHAP. XXXVII. An additional A51 to an Aff, intituled. An Adt, for defraying the contingent Charges of Government. I. T T 7 H E R E A S the Tax laid by the before recited Act, is not fufficicnt to dtfray the Charges W"' Government ; for , It. BE it therefch Enabled by the Governar, Council, and AJfembly, and by the Authority of the fane y That ari additional Poll Tax of One Shilling, be levied on each taxable Perfon in this Piovince for and during the Term of Three Years ; which faid Tax ftiall commence for the Year One Thoufand Seven Hundred and Seventy One, ftiall, by the feveral Sheriffs be collefted, accounted for, and paid to the Public Trtafurers, in the fame Manner, and under the fame Rules, Reftriftiohs, and Penal- ties, as other Taxes are by Law to be eccoimted for and paid. III. AND be it further EnaBed, by the Authority aforefaid. That the Monies to be raifed and paid into the Treafury, by Virtue of this Aft, ftiall, by the Public Treafurers, rcfpeftively, be applied towards paying the Claims, Wages, and other Allowances made by the General Affembly of this Province. of IV. AND be it further Enacted, by the Authority aforefaid. That the above recited Aft ftiall be and continue in Force for Three Years, from and'after the paffing of this Aft: Any Thing in the faid Aft to the contrary, notwithftanding. CHAP. XXXVIII. ^n Act, to enlarge the "Time for feveral Sheriffs, to fettle their Accounts with the Jufiicei of the Inferior Courts of Pleas and garter Sejfwns of the Counties therein mentioned. , • G H A x.i LAWS of North-Carolina. 491 CHAP. XXXIX. /f. D. 1770. I'reaable, An Act ^ for afcertaining th; Boundary Line between the County of Rowan, and the Counties of Mecklenburg and Tryon ; and for appointing ComrniJ/ioners to run the fame. I. TXrHEREAS the Boundary Line between the County of Rowan, and the Counties ol Meck- y y Itnburg and Tryon, hath not as yet been afceitained, by Reafon whereof, the Inhabitants within the difputed Bounds of the faid Counties refufe to give in a Lift of Taxables, or pay their Taxes in any of the faid Counties ; 11. B E it Enaffe^, hy the Governor, Council, and A£embly, and hy the Authority of the fame. That Commiffi'ners Thomas Neil, Thomas Polk, Mattheiu Locke, Giifith Rutherford, and Peter Johnjion, Efquires, be ap- appolntrd to run pointed Commiflioners ; and they, or a Majority of them, are hereby impowered and required, to run the di»iaingLin:. the Dividing Line between the faid County of Ro'wan, and the Counties of Mecklenburg and Tryon • beginning- at Cold Water, where John Patterfon's upper Line cro/Tis the Creek ; thence due Weft until it interf ctsthe Cherokee Indian Lire ; which faid Line, when run by the Commiftioners afore- faid, or a Majority of them, fliull by them be entered on Record in the Court of each of the faid • " Counties, and fliall hercaitcr be deemed and taken to be the Dividing Lines between the faid 5 Counties. '*•" in. AND for defraying the Charge of running the faid Line ; Be it further Enafied by the Autho- Tix laid f r pay- rity aforefaid. That the inferior Courts of each of the faid Counties, ftiall lay a fuificient Poll-Tax on '"8 Coiiimifljofl. the Inhabitants of their refpective Counties, which fhall be levied in the fame Manner as other Public "*' Taxes, as (hall be fufficient to pay and fatisfy their refpective Commiflioners, for the Charge and Trouble in running the aforefaid Line. CHAP. XL. An Act for fecuring and preferving the Titles of the Freeholders in this Province. 1. "fT /"HERE AS through the Neglecl and Mifmanagement of Perfons, who have heretofore PreamWei W been Regifters in this Province, many of the Books wherein the Conveyances of Lands within feveral of the Counties are regiftered, are fo abiifed and defaced, as to be almoft unintelligible, and in Danger of being entirely loft, find are feme of them removed to, and difperfed in otker Coun- ties, whereby the Freeliclders are in Danger of being greatly injured j II. BE it therefore EnaCted hy the Go-vernor, Council, and Affemhly, and by the Authority of f he fame. Records to be That the Juftices of the Inferior Court of any County, or any Seven of theni, at any Court held be- coUefted, and tween the pafling of this Aift and the Firft Day oi May, One Thoufand Seven Hundred and Sevetity ^>-^ Copies made. Two, may, and are hereby impowered, to appoint Tome Perfon or PerfonS to colled together all the Books or Papers, wherein are regiftered the Conveyances of Lands in their refpedive Counties, and to make a fa]r Copy of the fame into a Book or Books, well bound in Calf or Vellum; and the fame being fairly copied into the faid Book or Books, to prefent to the Court for their Approbation. III. AND the faid Book or Books being approved of by the Court, in order to prevent Frauds, Perfms to tt and corred Errors ; Be it further EnaBcd, hy the Authority aforefaid. That Six Perfons be appointed to eleded, to ror- examine and corred the fame, in Manner following, tonjoit. Two of them by the Court, Two of them "^ 'hem. by the Veftry, and the other Two of them- hy the Freeholders of the faid County, or a Majority of them: And in order that the Freeholders be properly convened for that Purpofe, the Juftices of the Inferior Court are hereby impowered, to direct the SheiifFof the faid County to fet up Advertife- iTients, appointing a Day for the faid Freeholders to meet at the Court Houfe of the faid County, to elect and choofe the faid two Perfons for the Purpofe aforefaid ; and the Sheriff is hereby direfted to attend at the Courr-Houfe on fuch Day as fliall be fo appointed for the Eleftlon aforefaid, and fhall take a Lift of the Names of the Voters, and the Votes given in by each Freeholder in his proper Per- fon, and the Poll kept open unnl Sunfet; and the Sherift" ftiall declare the Perfons who have the greateft Number of Voces duly elcttcd, and ftiall fign the Poll, and return the fame to the next Infe- rior Court, to be filed by the Clerk amongft the Records of the faid County, the Clerk having firft made an Entry of the Names of fuch Perfons fo eleiVed on the Minutes of the faid Court; and the Perfon fo appointed and eleded as aforefaid, having examined the faid Book or Books, and compared them with the Originals, and correded any Errors that they may find in the fame, ftiall certify the fame, on Oath, in open Court ; which Certificate fhail be entered on the Minutes of the faid Court, and alfo in the faid Book or Books ; which Certificate fo entered in the faid Book or Books, fhall be figned by fuch Perfons io appointed as aforefaid to exa.iiine the fame, and be attefled by the Clerk iii open Court : And all Deeds and Conveyances of Lands, inferted in the faid Book or Books as afore- faid, from the eld Rcgilters, Bo:)ks, and Papers, fhall be deemed and taken to be duly regiftered and certified Copies from the faid Book or Books, and ftiall be of equal Validity with Copies of Deeds from any other Regifters Oiiice within this Province ; any Law, Ufnge, or Cuftom, to the contrary* notwithftanding. IV. AND be it further EnaBed, by the Authority aforefaid, Tliat it fhall and may be lawful for t|,j;^ p^^^^. any Perfon or Perfons, fo appointed and eleded as aforefaid, to colied the Books and Papers wherein demand an^ic:- «ny Conveyance of Land within the faid Counties are regiftered, to demand and receive the faid Books «ivetheRecordi. and 492 LAWS of North-Carolina. A. D. 1770. •'"iJ Papers from every Perfon or Perfons who may have the fame, or any of them, in his or their Pof- i_^ ^1 . ( feflion : And in Caie of the Relufal of any fuch Perfon or Perfons, fo pofTefled as aforefaid, ic Jhall and may be lawiul for the Superior Court of the Diftrid, on Motion, after Ten Days previous Notice given to fuch Peifon or Pericns fo rtfuling, and on the faid Fads appearing fufficicntly to the Court, to order and adjudge he or they be committed to clofe Gaol, without B lil or A'iainprize, until he or they fhail caufe the faid Books and Papers by him poflelTed to be delivered to the Perfon or Perfons to receive the fame, and (hall alio pay and fatisfy all fuch Colis as may accrue by Reafon of fuch Motion. To he dtl'ivered V. A N D be it further Enafied, by the Authority aforefard. That the Inferior Court of the County to the Rcgiiler where the faid Records ihall be lb examined and compleated, ihall deliver to the Regifter of fuch of the Co.Muy. (^.Qu^ty the faid Books, to be by him kept as ufual. Allowance to VI. AND be it further Ena^ed, by the Authority aforefaid. That it fhall and may be lawful for thftn for their the Juftices of the laid Court to make fuch reafonable Allowance as may be thought necelfary to fuch T.-ouble. Perfons as fliall be appointed and eleded for the Purpofe aforefaid, to be paid out of the County Tax. C nveyances VII. AND whereas many Conveyances for Lands in the faid Counties, certified by the Regifter hav ng Ccrtifi- to have been regiftered, are not to be found in any of the Regifters Books for the refpeftive Counties; ot frobate, jj^ jt therefore Enaiied, by the Authority aforefaid. That any Perfon prodticing to the Regifter of the eregiUered. (jounty whereof he is Regifter any Deed of Conveyance for Lands in the faid County, wicii a Certifi- cate thereon indorfed, of the fame having been duly proved before the Inferior Court of tlie faid County, or the Chief Juftice, or one of the Aflbciate Jultices, fliall be inti'ied to have the fame regif- tered ; and the Regifter of the faid County is hereby required to regifter the fame, if fuch Convey- ance be not found in the Books, notwithftanding fuch Certificate of Regiftration. C H A P. XLI. An Act to alter the Method of working upon the Roads in the County therein mentioned. EXP. CHAP. XLII. An Act for dividing the northern Part of Rowan County^ and erecting a nevj County and Farijby by the iVame of Surry County and St. Jude's Parijh. r/eamblej I. '^TTHEREAS the large Extent of the County of Ro^an, renders it grievous and burthenfome Y y to many of the Inhabitans thereof to attena the Courts and General Mufters, and other Pub- lic Meetings appointed therein j ^ ^ p 11. B E it Enaiied, by the Governor, Council, and Affembly, and by the Authority of the fame. That retted. from and after the Firft Day of April next, the faid County of ^oxu«« be divided by a Line, beginning at a Point Forty-two Miles North 01 Earl Gran-uilie's Line, on Guilford County Line ; thence running North to the Firoina Line ; thence VVeftwardly along the Mountains to the Ridge that divides the Wa- ters c.il'adkin and the Cataviba Rivers ; thence along the faid Ridge to the Ncrthweft Corner i:\ Ro-Man County ; then Eaft along Rowan County Line ta the Beginning, be thenceforth ereiited into a diftinc: County and Parifli, by tne Name of Surry County and St. Jude's Parifti. Cmrts for the HI. A N D for the due Adminiftration of Juft'ce, 5# // £/i«i?^^, ^y /^£ ^a/^orZ/y ^ycr^iV, That after h\A C unties to the aforefaid Firft Day of April, a Court for the aforefaid County oi Rowan be conftanty held by the be held. Juftices thereof, at the Court-Houfe in the faid County at Salijbury, on the Firft Tucfdays in February, May, Auguft, and November, in each Year; and alfo, that a Court lor the laid County of 5«r;y, be conftantly held by the Juftices thereof, at Gidco7i Wright^s, on the third Tufdays in February, May, Augul Sit-A No-vember, in every Year, as by the Laws of this Province is provided, and fliall be by Cummiflion to the Juftices of the faid Counties reipeftively directed. Sheriff of Rowan jy J J^' D be it further EnaBcd, by the Authority aforefaid. That nothing herein contained (hall to collea Taxes, ^^ <-onftrued to debar the Sheriff" of the fiid County of Ru^^o.n, as the fame ftands now undivided, to vifi n "^ mal-e Diftrefs for any Levies, Fees, or other Dues, that fliall be due Irom the Inhabitants of the faid County on the faid Firft Day oi April, in the fame Manner as by Law the faid Sheriff could or might have done, if the faid County had remained undivided ; and the faid Levies, Fees, and other Dues, fhall be collefted and accounted for in the fame Manner, as if this Ad had never been made; any Thing herein contained to the contrary, notwuhftunding. ^""Z ^^\ -^ V AND he it further Enaaed, by the Authority af ore/aid. That after the Firft Day of April, the ^anfburyD.ftr.a ^_^.^ '^ of Wfi^all be, continue, and remain. Part of the Diftrid of the Superior Court of juftice ufually held for the Diftrid oi Salifurv ; and the Sheriff' of the faid County of Surry ihM, from Time to Time, account for and pay to tne Public Freafurer of the Southern Diftiid of this Provmce, for the Time being, all Public Levies by him colleded, or wherewith he ihrM ftand chargeable, in the fame Manner, and under the like Pains and Penalties, as other Sheriff's. \ I, r K U' LAWS of North-Carolina. 493 VI. P ROV ID ED always, That -nothihg herein contained fliall be conftrued to alter or de- A, D. 1770. fogate from the Right and Royal Prerogative of his Majeily, his Heirs or Succeflbrs, of granting v,.— v**w/ Letters of Incorporation to the faid Counties ; aqd of ordering, appointing, and diteding the Elec- R'^alk'rerogative tion of a Member or Members to reprefent them in Aflembly ; and of granting Markets and Fairs f'^j,„V""T"*^"" to be kept and held in them refpedively ; but that the faid Right and Prerogative fliall and may, .^^ at all Times hereafter^ be exercifed therein by his faid Majelly, his Heirs and Succelfors, in as full ■' * and ample Manner, to all Intents and Purpofes whatfocver, as if this Acl had never been made. VII. AND be it further EnaSed, by the Authority aforejaid^ That Griffith Rutherford, John Dunn, Matthenv Locke, Martin Armjirong, and Anthony Hampton, Kfquires, be appointed Commiflioners ; and they are hereby impowered and required to run the faid dividing Lines between the Counties ol Rowan and Surry, agreeable to the Direftions of this A&. ; which faid Lines when run by the Commiffion- ers, or a Majority of them, ftiall be by them entered on Record in the Court of each of th^' laid Counties, and fliall hereafter be deemed and taken to be the dividing Lines between the faid Counties of Roiuan and Surry, Corr.mlffiinerj appoitu'd to run the dividing Line, hy the Authority afore/aid. That xk^ {a.\d Griffith Rut h'erf or d, TH-iWaCo rniflrotig, and Anthony Hampton, the Survivor or Survivors of ''" ~> ^'^' Court urori foiRcwan, lijb E. VIII. AND he it further EnaSed, John Dunn, Matthevj Locke, Martin Armfrong, and Anthony Hampto them, be, and tlrcy are hereby impowered and dircded, to agree and funtrad with Workmen for eredling and building a Court- Houfe, Prifon, and Stocks, for the \Jk of the faid County oi Surry, at fuch Place as they, or the Majority of them, or tlieir Survivors, ihall agree upon. IX. A N D for reimburfing the faid CommiiTioners the Money they fliall expend in erefting the Tax laiJ for faid Buildings ; Be it further Enabled, by the Authority aforefaid. That a Poll-Tax of Two Shillings I'uilding Couu- Prcclamation Mi'ney, per Annum, fliall be levied on each taxable Perfon in the faid Counry of Houfe, &c. Surry, for three Vcprs next after the faid Firil Day of April : And that all Perfons who fliall ne- gled to pay the faid Tax till after the Tenth Day of March in each Year, fliall be thereafter liable to the fame Diftrefs as for Non-Payment of Public Taxes; and the SheriiFof the faid County is here- by required and dirtdcd, on or before the Tenth Day of June in the faid Years, refpedively, to account for and pay the Money fo by him colleded, to the Commiflioners aforefaid, after deduding Eight /«r Cent, for his Trouble in colleding the fame : And in Cafe of Failure or Negled therein by the Sheriff, he fliall be liable to the fame Penalties as by Law may be had againft Sherili's who neg- led or refufe to account for and pay any Public Taxes. X. AND for defraying the Charges of running the faid Lines between the Counties of ^ewa« Surry to lay • tad Surry ; Be it Enafte^d hy the Authority aforefaid. That the Inferior Court of the laid County of T".-^'".- '"?"'"' Surry, ihal! I.iy a liifHcient Poll-Tax on the Inhabitans of their faid County ; which fliall be levied in ' " "' the fame Manner ns other Public Taxes, to pay and fatisfy their faid CommiiTioners for the Carge and Trouble in ruiaiiiig the aforefaid Lines. XI. AND whereas the Number of Jurors to ferve at the Superior Court for the Didrid of Sa- y /bury, for the County of Rowan, were formerly Eleven Grand jurors and Eleven Petit Jurors ; Be it Juaffed, by the Authority aforefaid. That the Jultices of the faid County of Rowan, fhall for the fu- ture, appoint only Six icnbns to ferve as Grand Jurors, and Six Peifons to ferve as Petit Jurors, at the faid ouperior Court of Salijhury : Any Law, Ufage, or Cuftom to the contrary, notwithilainding. XII. AND be it furthtr EnaSled, by the Authority aforefaid. That the Ju.lices of the Inferior Court ]«">'• '<" Sorry, of Surry County, fliali, and they are hereby direded, before every Superior Court held for the Dillrid of Salijhury aforefaid, to nominate and appoint fix Freeholders to ferve as Grand and Petit Jurors at fuch Superior Court ; A Lilt of which Jurors fo nominated, fliall be delivered by the Clerk of fuch Court to the Sheriff, who fliall, and is herfby required, to fummons the Perfons fo nominated to ferve as Jurymen at the faid Superior Court ; which Jurymen fo nominated, ftiall have and receive the fame Allowance, and fh:u! be under the fame Rules, Fines, and Reltridiuns, as other Juiymen in the ref- pedive Counties in this Province, XIIT. AND he it further Enaiicd, If the Authority aforefaid. That the Freeholders of the faid Coun- Veftrymen ftfr ty of Surry, fliall, on Eajler-Monday iitxt, meet at the Place where the Inferior Courts of the faid the County of County arc to be htld ; then and there to choofe and eled Vellrymen : Which Veftrymcn fo chofen, Surry to be «• after taking the Oaihs hy Law appointed for their Qualification, ftiall be, and are hereby inverted ''"'='*• wiih as full Power and Authority, and liable to the fame Rules, Reftridions, and Penalties, as the \'cllrics are by Law fubjed to; and fliall be and remain the Vellry of the faid Pariih and County, until the 'lime by Law appointed for the Elediorf of Veftrymen throughout the Province. XIV. AND whereas fome Doubs have arifen, how far the breaking of the laft Superior Court Procefs in Hillf- of Juilicc held for the Dillrid of Ihlifwrough, by the Infurgents, without a regular Adjournment there- butuugli Superior of to ihc next 'Perm, may aflcd the Ojuiiation in Law of the Adions, Writs, Suits, Proceffes, and "^""^ cintinue* Recognizances, returnable to, or depending in the faid Court : For removing of which Doubts, Be it '" next Term. Enaited, by the Authority aforefaid, 'f'iiat all Adions, Suits, Writs, Procefs, Petitions, Indictments, In- formations, and Prefcntmcnts whatfoever heretofore commenced in, iffued from, or retur.iable to the faid Court, the Adjournment wliereof to the Term in Courfe was prevented as aforefaid, fliall be, and are hereby continued to the next Term in Courfe : And all Subpoenas for WitnefTes, and Recogni- zances for the Appearance of Perfons, as eficdual as if a regular Adjournment had been made of faid Court ; ana the Perfons fummonod at Witneffes, and entering into fuch Recognizances, bound to ap- pear to the next Term accordingly. ^ X X X CHAP. 494 LAWS of North-Caroli na. A. D. 1770. fream' blei CHAP. XLIII. An A£l^ for the more fpeedy Recovery of all Debts and Demands under Five Pounds^ Pro-^ damation Money, wtthin this Province, I. WJ H EREA S the Method of recovering Sums of Money above the Value of Forty Shillings, y V ^^^ under Five Pounds, Proclamation Money, by Way of Petition and Summons, as here- tofore by Lawdirefted, has riot only been frequently found to be attended with much Delay, but alfo with great Cofts and Expence to the Parties ; and whereas many Miftakes and Abufes have been com- Initted in recovering SumsAinder Forty Shillings, for Want of feme Law more explicit, with Refpeft to the Mode of recovering and obtaining Satisfaction for Sums under that Denomination : For Remedy whereof. Method of Reco. H- BE it EnaiieJ, by the Governor, Council, and AJfembly, and hy the Authority tf the fame. That very of Sums un- from and after the Firft Day oi March next from the paffing of this Ad, all Debts and Demands, not ^et 5 1. before exceeding Forty Shillings, Proclamation Money, are hereby declared to be cognizable and determin- Jufticcs. able by any one Juftice of the Peace ; who may, by Warrant under his Hand and Seal, direfted to the Sheriff, Deputy Sheriff, or Conftable of the County wherein he is a Juftice, caofe to be fummon- ed any Perfon to appear before him, or fome other Juftice of the Peace of the County, to anfwer the Complaint of a Creditor, for any Debt or Demand, not exceeding Forty Shillings as aforefaid; and alfo to iffue his Summon or Summons for fuch Witnefs or Witnefles, as Ihall or may be required by either Plaintiff or Defendant, for the better Proof of the Matter contefted between the Parties; and every Perfon fo fummoned, ftiall appear and give Teftimony, at fuch Times and Places as by the Summons direded and required ; under the Penalty of forfeiting Three Pounds, Proclamation Money, to the Party aggrieved, ' and to be further liable to his Adion for Damages, unlefs good Caufe be Ihewn to, and approved of by the Juftice before whom he, fhe, or they, were fummoned to appear, within Ten Days after the Time appoined for fuch Appearance : And after having heard the Parties, and fuch Evidences as fhall be produced by each and either of them, to give Judgment, and thereup- on to award Execution againft the Goods and Chattels, or the Body of the Debtor or Party againft whom Judgment Ihall be given, which fhall be executed and returned by the Sheriff, Deputy Sheriff, or Conftable, to whom direded, at the Inftance of the Plantiffor Complainant, in the fame Manner as other Writs o{ Fieri Facias, ot Capias ad Satisfaciendum, are to be executed and returned, exceot is by this Ad is hereafter direded for the Sale of Goods fo taken : And all Debts and Demands above Forty Shillings, and under Five Pounds, Proclamation Money, are in like Manner hereby declared to be cognizable and determinable before any Two Juftices of the Peace; who are hereby authorized and impowered, by Warrant from under the Hand and Seal of any one Juftice of^he Peace, made return- able before himfelf, and one other Juftice of the Peace, or any Two Juftices of the Peace for the County wherein he is a Juftice ; and the fame being accordingly returned to any Two Juftices as afore- faid, for them to hear the Parties, and fuch Evidences as Ihall be produced by each and every of them, for any Debt or Demand above Forty Shillings, and under Five Pounds as aforefaid, and to give Judgment, and thereupon, under their Hands and Seals, to award Execution againft the Goods and Chattels, or the Body of the Party, until Satisfadion thereof be had, with all Cofts, in like Manner as in and by this Ad is direded and prefcribed for the Recovery and Satisfadion of the Debt and Cofts of all Sums of Forty Shillings Value, and under, before a fuigle Magiftrate; and all Summonfes for Witneffes to attend before any Two Magiftrates, on the Trial of any Debt or Demand above Forty Shillings, and under Five Founds, ftiall and may be figned by one Juftice: And each and every Per- fon fummoned to appear, and give Teftimony before any Two Juftices, and failing fo to do, fl>all be l^jbjed to the fame Penalty, and liable to the like Adion, as by this Ad inflided and direded in Cafe of Failure before a fingle Magiftrate. •^itnefles may III. PRO FID ED altuays. That the Party fo failing to appear and give Teftimony, ftiall be in- fliew Caofe for titled to the like Privilege of ihewing the Caufe to the faid [uftices, and from exempting himfelf from' non-AttenJance. .inirA J^o the Penalty for non-Appearance. Stay of Execotion may be granted^ IV. PRO VIDED always. That if Judgment Ihall be given by any one or more Juftices for any Sum above Forty Shillings, Proclamation Money, the Party or Parties againft whom fuch Judgment Ihall be given, may defire a Stay of Execution for any Term of Time, not exceeding Two Months j which faid Juftice or [uftices is, and are hereby authorized, impowered, and required, to grant the Party praying fuch Stay of Execution, firft giving fufficient Security for paying the fame; which Se- curity, in like Manner as the Principal, Ihall be liable to the Execution of the Party, if not dif- charged at the Expiration of the faid Term. Manner of felling V. A N D he it further EnaBed, hy the Authority aforefaid. That all Goods and Chattels taken ii> Ooods taken on Execution by any Sheriff or Conftable, in Virtue of this Ad, ftiall be kept in fafe Cuftody Ten Days : Execution. ^p J jf jj^g Owner or Owners of fuch Goods Ihall not, within the faid Time, fatisfy the faid Debt and Cofts, the Sheriff, Deputy Sheriff, or Conftable, fliall, on the Day following (if not Sunday, and if fo, then on the Day fucceeding) between the Hours oi One and Five in the Afternoon of the faid Day, he having firft adverrifed fuch Sale Ten Days at leaft, at the Court-Houfe, Church, Mill, or other Public Place, adjacent to whete the Goods' were taken, fell the faid Goods and Chattels at Ven-' due; and after fatisfying the Judgment and Cofts as aforefaid, fhall return the Overplus, if any there fhould be, to the Owner. ConflaWeaFe*. VL AND he it further Enafied, by the Authority aforefaid. That every Sheriff, Deputy Sheriff, or Conftable, for every Warrant executed, fliall be allowed Two Shillings and Eight Pence; and for every LAWS of Nokth-Carolina. 495 every Subpoena, One Shilling; and for iM^xy Execution executed, Two Shillings and Eioht Pence; and fo at the fame Rate for t\txy Perfon where there ihall be more than one "mentioned in each War- rant, Subpoena, or Execution. A. D. 1770. ed by JuOices. Right of Appeal. On Apptals, Juf- tices that tried the Caufe, noc to fit. Judyments enter- ed on Bonds, /fee, *ir lefs than 5 I.- no more Fees to be taxed than oa Appeals from MagiftrateS4 VII. AND be it further EnaHed, by the Authority afore/aid. That all Debts and Demands arifing AH Demands un- by Bond, Bill, Note, Account, Ccntraft, Affumpfit, or otherwile, under Five Pounds, Proclamation ^ Coir.mUtee of Roffett, and Marmaduke Jones, Efquires, Richard Cafivell, John Hariiey, James Moore, Jofcpb Mont- Cu.-reipondcnte fort, Robert Hoixe, Maurice Moore, and Cornelius Harnett, Efquires, or the Majority of them, or the «PP*""t«il. Alajority of the Survivors of them, be, and they are hereby nominated and appointed a Committee, to correfpond with, and from Time to Time, during the Continuance of this Aft, to advife, direft, and inftruft, the faid Henry Euftace M'Culloch, 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 any of the Boards in England: And the faid Committee fhall, from Time to Time, when thereto required, lay before the General AfTembly of this Province the Advices they fhall receive from the faid Agent ; and alfo Copies of fuch Difpatches, Orders, and Direftions, as they fhall fend to him, IV. AND be it further EncHed, by the Authority aforefaid. That this Aft fhall continue and be in Continuaucc •! Force for and during the Term of Two Years, from and after the Second Day oi December, in the the Aft. Year of our Lord One Thoufand Seven Hundred and Seventy One, and no longer. CHAP. VI. An ASl to amend an ASl, intituled^ An A5i What Fences are fufficient -, and to amend and continue an A£f- relating to taking up fir ay Horfes. 1. "IT 7 HER E AS Difputes daily arife between many of the Inhabitants of this Province, byRea- Preamble, W fon of the Ambiguity of the before recited Aft : II. "BE it EnaHed, by the Governor, Council, and Affembly, and by the Authority of the fame, That What Fences fuf« every Planter fhall make a fufficient Fence about his cleared Ground under Cultivation, where no na- ficieat. vigable Stream or deep Water Courfe fhall be, that may be deemed fufficient, inftead of a Fence Five Feet high, and the Rails near figether until the Fence be Three Feet high from the Ground. III. AND be it Jurther Enafied, by the Authority aforefaid. That upon Complaint made by any Perfon whatfoever to any Magilfrate of the County, of any Trefpafs or Damages done by Horfes, Cattle, or Hogs, it fhall and may be lawful for fuch Magiftrate, and he is hereby authorized, im- powercd, and required, to fummon, or cauie to be fummoned. Three Freeholders, indifferently cho- fen, who, together with himlcif, fhall view and examine, on Oath, whether the Complainant's Fence be fufficient or not, and what Damages he hath fuftained by Means of the Trefpafs, and certify the fame from under their Hands and Seals ; and if it fhall appear that the faid Fence be fufficient, then the Owner of fuch Horfc-;., Cattle, or Hogs, fhall make full Satisfaftion for the Trefpafs or Damages to the Party injured ; to be recovered before any Jurifdiftion having Cognizance thereof: But if it fliall appear that the faid Fence be infufficicnt, then whatever Damages fuch Perfon fhall fullain by Means of fuch Trefpafs, the Owner of luch Horfes, Cattle, or Hogs, fhall not be liable to make Sa- tisfaftion for fuch Injury. Method of Pro- ceeding in Cafe of Trcfpifs by Horfc!, &e. IV. AND 500 LAWS of North-Carolina. ji. D. 177 1. i*en for Damage done to Hotfes, &c. Preamble, Pen. fir nfing' Strays before ap- praifed, Method where Strays are taken up. Counties where this A£i intoic* ed. ACls continued. IV. J N D be it further Enaaed, hy the Autherity afore/aid, Th^X if zx\y ?tr{on\\\\ok'P met fhsA be adjudged infufficient, fhall with Guns, Dogs, or othervvife, unreafonably chafe, worry, maim, or kill, any Horfcs, Cattle, or Hogs, or caufe the fame to be done, fuch Perfon fo oiFending fhall make full Satisfaftion for fuch Damages to the Party injured ; to be recovered as aforefaid. V. W H E R E A S an Aft, pafled at Neiubern the Fifth Day of December, in the Year of our Lord One Thoufand Seven Hundred and Sixty Eight, intituled. An Ad for preventing the frequent Ahufes in taking up and fecreting fray Horfes in the Counties of Omnge, Granville, Bute, Rowan, Anfcn, Meck- lenburg, Johnfton, Dobbs, Halifax, Edgcomb, I^orthampton, Hertford, Tyrrell, Craven, and Pitt, will expire at the End of this prefent Seffion of AfTembly ; and whereas the faid Aft hath been of great Utility, and fingular Service, to many Perfons whofe Horfes have ftrayed from them in the Counties afore mentioned, as well as in many of the neighbouring Counties, it is thought necefTary and expe- dient that the fame ftiould be amended and continued : Be it therefore Enaiied, by the Authority afore- faid, That every Perfon who fhall hereafter take up any flray Horfe, Mare, Gelding, or Colt, and fhall refufe or negleft to lead the fame to the Owner, if known, if not, then to the Ranger of the County as aforefaid, within the Time, and according to the Direftions of the faid Aft ; or fhall make Ufe of any fuch Stray, before the fame fhall be appraifed as aforefaid ; he, fhe, or they, fo offending, fhall, for every Offence, forfeit and pay, to any Perfon that fhall fue for the fame, the Sum of Four Pounds Nineteen Shillings, Proclamation Money; to be recovered by an Aftion of Debt, before any Jurifdiftion having Cognizance thereof, and be further liable to an Aftion of the Owner or Party grieved. VI. A N D to the End that Strays liiay be as publicly known as poffible, and not fecreted from their Owners by the Perfon taking up the fame : Be it further Enabled, by the Authority aforefaid, That every Perfon taking up any Stray as aforefaid, fhall, at the next fucceeding Court of the County where the fame fhall be taken Up, advertife, or caufe to be advertifed, the Marks, Brand, Stature, Age, and Appraifement of the faid Stray, together with the Time of taking up, and Place of Abode of the Perfon taking up the fame, as defcribed in the Ranger's Book; which Advertifement fhall be aflixed iip.at or near the Court-Houfe Door, during the fitting of the faid Court, under the Penalty of Four Pounds, Proclamation Money; to be recovered by any Perfon who (hall fue for the fame, by an Aftion of Debt, before any Jurifdiftion having Cognizance thereof, and be further liable to an Aftion of the Owner or Party grieved. VII. AND be it further Enabled, by the Authority aforefaid. That this Aft, together with the faid recited Aft, fhall be extended to, and be in Force in, the Counties of 7rjo«, Guilford, Surry, Bertie, Duplin, Cumberland, and Wake, in as full and ample a Manner as in the Counties mentioned in the before recited Aft. VIII. AN D be it further EnaHed, hy the Authority aforefaid. That this Aft, and the Aft before re- cited, as by this Act amended, fhall be and continue in Force for and during the Teiln of Three Years, and from thence to the next Seffion of Affembly, and no longer. CHAP. VII. An ASi to impower the Treeholders of the fever alTarijJoes therein mentiond to eleSl Vejlries for their refpehive Parijhes, Preamble. J. T T 7" HE R E A S the Veflrymen elefted for Unity Parifh, in Guilford County, and the Veflry- yV men elefted for St. Margaret's Parifh, in Wake County, neglefted to qualify agreeable to Law, whereby the faid Parifhes are without Veftries : Veftries to be e- II. B E it Enabled by the Governor, Count}, and Affembly, and by the Authority of the fame. That lefted. tiie Freeholders of the faid Parithes refpeftively fhall, and they are hereby reqired, to meet at the Court-Houfe in their refpp ftive Counties on Eajler Monday next after the palling hereof, to eleft and choofe Twelve Freeholders of the faid Parifh to ferve as Veflrymen ; which Eleftions (hall be made by the Sheriff, under the like Rules and Reftriftions, Pains and Penalties, as well with Refpeft to the Sheriffs as the Freeholders of the faid Parifhes, as other Eleftions of Veftries in this Province are by Law appointed to be made : And the Freeholders fo elefted Veflrymen for the faid Parifhes refpeftively, after taking the Oaths by Law appointed for their Qualification, fhall be, and they are hereby de- clared from thenceforth to be Veftries of the faid Parifties refpeftively, until the general Eleftion of Veflrymen throughout this Province, and fhall execute and ufe the fame Powers and Authorities as other Veftries of this Province may, can, or ought to exercife. Pen. on Veftry- III. AND be ii further Enaded, by the Authority aforefaid. That every Perfon elefted or chofen as men negkfting to a Veftryman in any of the faid Pariflies, who fhall negleft or refufe, on Notice given by the Sheriff, qualify. to appear and qualify agreeable to Law, fuch Veflrymen, fo refufing or neglefting, ftiall forfeit and pay the Sum of Three Pounds ; to be recovered before any Juftice of the Inferior Court of the County, in the Name of the Sheriff, by any Perfon who fliall fue for the fame ; to be paid to the Sheriff of the County, and to be accounted for, and paid by him, to the Inferior Court of the County, to the Ufe of the Poor of the Parifh. IV. PROriDELl L A JV S of North-Carolina. 501 IV. PROVIDED ne'verthelefs. That no Diffenter from the Church of £»^/a»'s Parilh, in the County aforefaid, refiie in the Counties of Chatham and Guilford, A. D. 1771. Dllenters not to be elcftcd. Veftry to be e- Itflcd for St. whsreby the faid Farilh is without a Veftry ; Be it further Enaaed, by the Authority aforefaid. That it Mntbew's l-a- Ihall and may be lawful for the Freeholders of the faid Parifh of St. Matthe-w, in Orange County, and ''^• they are hereby required, to meet at the Court-Houfe in HiUJborough, on Eafcr Monday next, then and there to eleft Veilr) men ; which Veftrymen fo eleded, after due Qualification, ihall be the Veftry of the faid Parifh, and ihail be intitled to the fame Privileges, inverted with the fame Powers, and fubjed to the fame Pains and Penalties, as the ether Vellries to be eletted in Virtue of this Aft. VI. AND whereas for the Want of a Sheriff in the County of 5arr>', no Eleftion of Veftrymen For St, Jdde'« was made in the Pariih of St. Judcs's en Eafier Monday laftj Be it therefore EnfBed, by the Authority Farifli, aforefaid. That the Freeholders of the faid Parifti ih«ll, and are hereby diredcd, to meet on Eafier Monday next after the palfing of this Ad, at the ufual Place of holding Courts for the faid County, and then and there choofe and eled Twelve Freeholders to ferve as Velirymen ; which Veftrymen, after dut Qualification, Ihall be, and are hereby invefted with as full Power and Authority, to ad and do in all 1'liings, as any Veftrymen elected or chofen in Virtue of any Act of Alfembly of this Pro- vince. CHAP. VIII. An Act for the further enabling Francis Locke, Andrew Allifon, Griffith Ruther- iiaditsEffia. ford, and William Temple Coles, former Sheriffs of Rowan County, to collect the Arrearages of Taxes. C H A P. IX. An Act to amend an Act, intituled. An Act for founding, eflahlifhing, and endowing, of Th& Art which Queen'j College, in the Toxvn of Charlotte, in Mecklenburg County. 'eLT"^'''' '** Preamble, CH A P. X. An A51 to indemnify fuch Perfous as have acted in Defence of Government, and for the Prefervation of the public Peace of this Province, during the late InfurreSiion, from vexatious Suits and Projecutions. I. \X Z H E R E A S during the late'lnfurrcdion, which began in or about the Mortth of December, y V in the Year of our Lord One Thoufand Seven Hundred and Seventy, divers Officers of the Militia, Juftices of the Peace, Ccnftables, and other Officers and Perfons, well afFeded to his Majefty and his Government, in Order to preferve our prefent happy Eftabliftiment and the Peace of this Colony, and to fupprefs and put an End to the faid Infurredion,' apprehended and put into Cuf- tody, and imprifoned, or caufc-d to be apprehended, put into Cuftody, and imprifoned, feveral Cri- minals, and Perfons who they fufpeded had or might difturb the Public Peace, or foment or promote Riots, Tumults, Infurredions or evil Defigns againll the Government; and alfo feized and ufed fevetal Horfes, Arms, and other Things ; and alfo prefted divers Horfes, Carts, and Carriages, .for the Service of the Public: And for the Purpofes aforefaid, entered into the lioufes and PofTeflions of fundry Perfons, and did divers Ads which could not be juftified by the ftrid Forms of Law, and yet were neceffary, and fo much for the Service of the Public, jhat they ought to be juftified by Ad of A/Tembiy, and the Perfons by whom they were tranl'aded ought to be indemnified : U. Be it therefore EnaSied, by the Go'vernor, Council, and Affcmhly, arid by the Authority of the fame. Indemnity aeainft That all perfcnal Adions and Stiti, Indidments, Informations, and all Moleftations, Profecutions, Anions tliat" may and Proceedings whailbever, and Judgments thereupon if any be, fcr or by Reafon of any Matter or !«■ brought for any Thing advifed, commanded, or appointed to be done, during the Infurredion, and until the loth Day ofju/y, in the Year of our Lord One Thojfand Seven Hundred and Seventy One, in Order to fupprefs the faid Infurredion, or for the Prefervatian of the public Peace, or for the Service or Safety of the Government, fhall be difchargcd and made void; and that every Perfon by whom any fuch Ad, Matter, or Thing, fhall have been fo advifed, commanded, appointed, or done^ for the Pur- pofes aforefaid, or any of them, before the faid Tenth Day of Ju/y, fhall be freed, acquitted, and indemnified, as well againrt the King's Mtjefly, hisTIeirs and iJuccefTors, as againft all and every other Perfcn or Perfons ; and that if any Action or Suit hath been, or fhall be commenced or profe- cuted againrt any Perfbn or Perfons, for any fuch Act, Mater, or Thing, fb advifed, commanded, appointed, or done,, for the Purpofes aforefaid, or any of them, before the faid Tenth Day of 7^ A-, he, fhe, or they, ma/ plead the General l/Tue, and give this Ad and the Special iVdaucr in Evi* Z 2 a dence: Thing done dur- ing tlie liifurri:C- tion. 502 LAWS of N ORT H -C A ROL I NA. A. D. 1771. dence : And if the Plaintiff or Plaintiffs fhall become nonfuit, or forbear further Profecution, or fufFer \_ -^ { Difcontinuance, or if a Verdift pafs againft fuch Plaintiff or Plaintiffs, the Defendant or Defendants Jhall recover his, her, or their full Colls, for which he, fhe, or they, fhall have the like Remedy as where Cofts by Law are given to Defendants in other Cafes. Not to extend to HI. PR FID ED neverthtlefs. That nothing herein contained fhall be conflrued to extendUo, B nds &c. de- Q^ debar any Perfon or Perfons, from his, her, or their Right of fuing for and recovering any Bonds, tamed. Notes, or Book Accounts, detained from them by any Perfon or Perfons whatfoever. CHAP. XI. Preamble. Pilots to take this Oath. Jn A5f to amend an 'A£fy intitkd. An A5i for regulating the Pilotage of Cape Fear , River, and. other Purpojes. I, « T r HE R E A S it has been the ufual Praflice of the Branch Pilots, for the Bar of Cape Fear Ri- W *'£'' to ^^ equally concerned in the Profits arifing from the Pilotage of Vefiels oyer the faid Bar, which has been found from Experience to be prejudicial to Trade : For Remedy whefeof, II. £ E it Enaiied, by the Goiiernor, Council, and AJfetnbly, and by the Authority of the fame. That every Pilot having a Branch for the Bar of Cape Fear River, fhall within Three Montns after the paffing of this Aft, take the following Oath before any Two Jullices of the Peace of the County wherein fuch Pilot relides, ws;. I A. B. do folemnly /wear that 1 am not at this Time, neither mjill I at any Time hereafter, during my Continuance as a Branch Pilot for the Bar of Cape Fear River, . be concerned in any Kind of Partner- Ihip luith more than Three Branch Pilots, fo as to recei've any Share or Benefit therefrom to myfelf or Family. .SO HELP ME (iOD. And the faid Two Juftlces fhall, on adminiftering fuch Oath, deliver to fuch Pilot a Certificate f Ne lea thereof, under their Hands and Seals; and every Branch Pilot refufing or negleding to take the faid or ege . q^^^^ and obtain a Certificate as aforefaid, fhall forfeit his Branch ; any Thing contained in the be- fore-recited Aft, to the contrary, notwithftanding. III. AND be it further Enabled, by the Authority aforefaid. That the Captain o^YortJohnficn •fhall, and he is hereby authorized and impowered, to order any One or more of the Branch Pilots to Sea whenever he has Reafon to believe any Veffels are on the Coaft ; and any Branch Pi lit or Pilots, refufing or neglefting to obey fuch Order (Wind and Weather permitting) fuch Difobedience or Ne- gleft fhall be certified by the faid Captain of Fort Johnfion to the Commiflioners of the Pilotage of Cutie Fear River ; who are hereby impowered to fufpend fuch Pilot or Pilots, until the Pleafure of the Governor, or Commander in Chief for the Time being, fhall be known. IV. AND whereas the keeping of decked Boats to attend the Pilotage of the faid Bar of Cape Fear River is found from Experience to be neceffary ; Be it further Enabled, by the Jlutbority aforefaid. That every Branch Pilot of the faid Bar fhall, and he is hereby required, to keep a decked Boat, or be concerned with fome other Branch Pilot who fhall have a decked Boat, under the Penalty of for- feiting his Branch ; any Thing in the before-recited Aft, to the contrary, notwithftanding. V. AND to prevent any Kind of Ballaft or Trafli being thrown into the Channel of the faid River of Cfl/^ /far ; Be it further Ena^ed, by the Authority aforefaid. That every Mailer of a Veffel cominw into the faid River fhall, upon his Arrival at Port Brunfixick, take the foUoing Oath before the CoUeftor, or his Deputy, who is hereby impowered and required to adminiller the fame, -viz. I' A. B. do folemnly fwear that I have not , nor nxiill I, direBly or indireSly, caufe or fuffer any Kind of Ballaft brought in by my Veffel to be thrown into any Part of the Channel of Cape Fear River, but that thejamejhall be landed, or thrown entirely above'low Water Mark. SO HELP ME GOD. And if any Kind of Ballall fhall after the pafTing of this Aft be thrown out of any Veffel into any Part of the Channel of the faid River, by any bailor, Marmer, or other Perfon whatfoever, the Mailer or Commander of fuch Vefl'el, upon due P.ioof being made thereof, fhall forfeit and pay the Sum of Two Hundred Pounds, Proclamation Money ; vo be recovered by any Perfon who fhall fue for the fame, by Adtion of Debt, in the Superior Court of the Dillrift of Wilmington ; One Halt to the Profecutor, and the other Half to the Commiflioners of the Pilotage qf Co/^ /Var River, to be by them applied to the Benefit of the Navigation of the faid River. VI. PROVIDED always. That no Recovery fhall be had thereon, unlefs Suit be brought wiihin Twelve Months after the Time the faid Oftence fhall have been committed. • ■ VII. AND be it further Enaaed, by the Authority aforefaid, That if any Branch Pilot of the laid River oi Cape Fear fhall knowingly fuller any Kind of Ballall or Tralh to be thrown out of any Veffel into any Part of the Channel of the faid River, and fhall not, within Ten Days after fuch Offence being committed, make Information thereof to one or more of the faid Commiflioners of the Pilotage, fuch Branch Pilot fhall, upon Proof thereof being made by one or more creditable Witneffes, forfeit hi*' Captain of Fort j hnft.in to Older l-'iluts to Sea. Pilots to keep decked Bo.to. Ballaft not to be thrown in the River. • jMafter of the Vellels Oah. Pen. for throw- ing Ballaft in the Kiver. Suittobebrnuglit within Twelve Months, Pi-n on Pilots fuffalng Ballaft to be thrown in- to the Kiver, L A IV S of N O R T H - C A R O L I N A. 503 his Branch, and be rendered for ever thereafter incapable of afting as a Branch Pilot for the faid A. D 1771 River. ' ^. '-it' VIII. AND he it further Enaaed, by the Authority afore/aid. That fo much of the before recited Repealing Claufe, Aft, as comes within the Purview of this Aft, (hall be, and is hereby repealed and made void, to all Intents and Purpofes, as if the fame had never been made. . For o o Governor's Feets lo o S o 10 o 5 4 5 4 CHAP. XII. An A51 to amend an Aci^ intituled. An ASf for regulating the fever al Officers Fees izithin this Province, and afcertaining the Method of -pacing the fame. I. TXT" H E R E A S Fees for many Services by Law enjoined to be performed by the Governor of preamble VV ihis PjGvince arc altogetner omitted in the above mentioned Ad, and others fo ambiguoully exprefled, that it is become douDtful what Fees he is legally intitled to for the Services therein menti- tioned : For Remedy whereof, • II. BE it Enaaed, by the Governor, Council, and AJfembly, and by the Authority of the fame. That from and after the palling of this Ac^, it Ihall and may be lawful ior the Governor, or Commander in Chief of this Province for the Time being, to receive and take the following Fees for the leveral Ser- vices herein after mentioned, to mail, f"A Charter, /• A Marriage Licence, An Ordinary Licence, An Attorney's Licence in the Superior Courts, " An Attorney's Licence in the Inlerior Courts, The Probate of a Will, Granting Adminiltration on an Intellate's Eftate, and qualifying the Adminiftrator, Letters of Adminillration or Tellamentary, An AfTignment of an Adminillration Bond, A Tellimonial under the Colony Seal, • 4 A Chief Juftice's CommilTion, A Chief Bar«n of the Exchequer's Commiflionj An Alfociate Juftice's Comriiiflion, A Judge of the Admiralty's Commiflion, An Altorney General's Commiflion, A Secretary's Commiflion, A Deputy Auditor General's Commiflion, A Clerk of the Plea's Commiffion, A Clerk of the Council's Commiflion, A Captain of Fort Johnfon's Commiflion, A Colleftor's Commiflion, A Comptroller's Commilfion, A Sheriff's Commiffion, A Coroner's Commiflion, A Regifter's Commiflion, A Notary Public's Commiflion, A Ranger's Commiflion, . A Naval Oflicer's Commiflion, • An Aflignment of a Ship's Bond, A Ship's Regifter, A Pilot's Branch, An undecked Veflel's Regifter, Each Patent for Land, LEvexy Hundred Acres contained in a Warrant for Land, /« C H A N C E R Yo f Signing a Decree, Every Subpoena, Signing an Injunftion, A Ne Exeat, Hearing and determining any Caufe, An Interlocutary Decree, Tor -.:n in the ianie Mann.r tliat tiiieiiiis are by Law oirected to proceed, and ihall be under tne iaiiic Rules and R.-gulat.ons, and luujed t.. tiie lame Penalt.es, that Sherilrs are uy Law liable and iuljtci to; which Vi^rit of Election lo proceeded upon, and the Return niaue by luch Coroner, Ihuil be ileemed as valid, to all Intents and Purpoles, as if perio,mca by the bhenit ; any La.v] Liage, or Cullom tJ the contrary, uo.withilanuing. Coroner maytake the t-»!l wheie no ShcijfF. CHAP. XV. An Act to enlar^ the Time for feveral Sheriffs to fettle their Accounts zvith the Juftces of HadUsEffcaj ■ the Inferior Cowrts of Fleas and. ^uritr Sejjwns oj lu Counuei liicnin mentioned. CHAP. XVI. An A^ for amending an Af, intituled. An Adf for eref^ing in the To'wn o/SaIi{bur/ a Public Goal, PiUcry, and Stocks, for the Dtjtria Oj Suiilbury, in ttAs Province. I- "1X7 HERE AS the Trunees appointed in the before-recited hSi, by Reafon of the late VV Ii^iunedtion jrevencing tlie Colledion of Taxes, have not been able to dii'cha.ge the Trull tcpokd in them vviiiiin the lime limited by the faid Ad : II. BE it there/: r-: Ena'aed by the Gcvernor, Council, and JJfembly, and by the Authority of the fame, Th&X Matthew Lecke, John Dunn, James Kerr, IViiliam Steel, 2i\A James Dobbin, be, and are hereby Appointed Trullees, in the Rccm ofihofe appoinud as alorefaid, and impowered to agree and con- trad with an) Pe.'ftn or Perfcns for fuperintcnding and fiuilhing the faid Goal, Pillory and Stocks, in Manner as hi the faid Ad is direded, with the fame Powers, and under the lame Reltridions, as 'the former Tiullees by the bcfure-recited Ad appointed. III. AND whereas the Tax heretofore Jaid on the feveral taxable Perfons in the Diftrid of Salif- lury, hath been (our.d to be iiifufiicient to finilTi and ccmpleat the faid Goal, Pillory and Stocks; lie ^^x 'aid ht it Eni.a.d, by the Authority afoiefaid. That a Poll-tax of One Shilling be laid on the taxable Perfons ''"'''''"g ^''« in the Ccunty of Rc-vjan, and Ei_ht Pence on the taxable Perfons in each of the other Counties in the '^"'^" " faid D'ltnd, for one Year ; which faid Tax fliall be colleded, and accounted for, in the fame Man- ner as in the before- recited Ad is directed. I'reamSIi. Truftccs for building a Gaol^ I\ . A^ D be ,t further EnaBed, by the Authority aforefcid. That the TruRecs by this Act appoint ed (lull be,^anil ihty are hereby inverted with full Power and Authority, to receive into their Hand ' ■ '^fc collected or received, by any Perfon or Perfons whatfoever, in Virtue of a ttnbly, or in Virtue of any Order of the Inferior Court of the County o{ Roiva^i, cting a Goal for the County, or for the Dillrict oi Salijlury ; and alio all Mon ue or arifing from the Taxes within the Dillrict oi Salijbury, in Virtue of the afo ,, A/ • , , • ., ,' — - „.uy, to receive into their Hands all Monies heretofore collected or received, by any Perfon or Perfons whatfoever, in Virtue of any A. t or /icts of Afretnbly, or in Virtue of any Order of the Inferior Court of the County oi Roiva,i, for tl). Purpoles oi erecting a Goal for the County, or for the Dillrict oi Salijhury ; and alfo all Monies inat n^y bee. me due or arifing from the Taxes within the Dillrict oi SanjOury, in Virtue of the afore- faul A.t, and this Act ; and on Neglect or Refufal, to p.cceed againlt all fuch Delinquents in the lame Manner as prefcnbcd in the faid Act. Truftees Power to tefcive Mo- nies for can ling on the Buildisgi. A a a a CHAP. 5o6 L A IV S of North-Carolina. A. D. lyji. Preamhle. Commiffionert to be elected. Comm'ffionert to lay ' ut a Street, aneal'urer and Receiver, of all fuch Sum and Sums of Money which Ihall arife by the Sale pointed, of the laid Lots, for the Ufe of the faid Richard E-vans, his Hrirs and AlTis^ns : And on the Death or Departure of the faid Treafurer, cut of the Governmtnt, the faid Commilfionerb, or the Majority of them, or their Survivors, fhall appoint fome other Perfon, in the Room of the faid Trcafurer. VL AND be it further Enabled, by the Authority aforefaid. That the Treafurer, herein appoint- pujchaf? Miney ed hy the Coirmillionersc!- ati rtfiiid, fhall account tcr ai d jay unto the faid Richard E'vans, his Heirs t" bt paid the or AfTigns, all fuch Monies as fhall be by him received, on the Sale of all and every Lot and Lots I'.'opristor. that fhall be fold in each Year, or. the Twenty Fourth Day oijune yearly. CHAP. XIX. An A^ for building a Court-Houfe in the Town of Salifbury, for the Lifirict of Salifbury. L TTTHEREAS the Court-Houfe in t\\t Town of Salijhnry, in the County of ^eiy/7«, is great- Preanble ly decayed, and in fo ruinous a Condition that Courts cannot be held therein n. BE it Enabled, by the Governor, Council, and Affembly, and by the Authority of the fame, That ■M. John Dunn, Mr. Thomas Niel, Mr. James Kerr, Mr. Thomas Polk, Mr. John Coulfon, Mr. alex- ander Martin, and Mr. Robert Lanier, be, and they are hereby appointed Ccmmifiioners ; and they or the. Majority of them, fhall and may, and they are hereby required, within Eighteen Months after the palling of this Aft, to agree and contradl with Workmen for building and ereding a new Court- Honfe in the Town of Salijhury, on the Lot of Ground whereon the Court-Houfe now llands. Iir. AND be it further EnaSed, by the Authority aforefaid. That a Poll Tax of Eight Pence be levied on eacli taxable Ptrfon in the Ccunty of Rentan, and a Poll Tax of Six Pence be levied on the taxal)le Perfons in the Counties of An/on, Aucklenburg, Tryon, Guilford, and Surry, for Two Years ; that is to fay, the Year One Thoufand Seven Hundred and Seventy Two, and the Year One Thoofand Seven Hundred and Seventy Three ; to be levied and colleded by the Sheriff of the refuec- tive Counties, in the fame Manner, and at the fame Times as Public Taxes are by Law direded to be colleded and accounted fcr ; which faid Tax fo colleded, (hall be paid to the Commiflioners, or a Majority of them, and by them ihali be applied to defray and pay for building the faid Court-houfe. IV. AN D be it further EnaSed, by the Authority aforefaid. That the faid Commiflioners, or a Ma- Commiffi-^nerj to jority of them, after the aforefaid Building fhall be ereded, built, and finifhed, fhall render an Ac- ^'t 'unt with tUe count of the Monies by them received in Virtue of this Ad, together with that of their Difbarfcments, C""''- to the Inferior Court of the County of Rowan. Comm flioncts fur building the Cuun-Hufe. Tax WA for buil-Hing a Cuurt' Ho ufe. _ V. AND be i.' further Enaaed, by the Authority aforefaid. That the Sheriff of the refpedive Coun- ties in the faid Dilirid of SaliJOury, fgr the lime being, fhall, before he or they colled or receive any Part of the Tax herein laid, enter into. Bend, with Two fufficient Securities, to the faid Commiffion- eri, for the faithful CoUedion and Payment of the aforefaid Tax. Sheiiffs to give Blind for collcft- iiig the Taxes, CHAP. XX. ^n ASf to emend an A£i^ intituled. An Act for the Regulation of the Town of Wil- m ington. H E R E A S by the before-recited Ad the Commiflioners of the Tosun.of Wilmivgton, or the „ ., Majorir/ of th'em, are direded to i.Tue their VVairanis, at leifl Twice in every Year, to warn '""^ " all 5o8 L A 1^ S of No rth-Carolina. A. D. 1771. all the Male Taxables to clear, repair, and pave the Streets, Lanes, or Allies, and to make or mend Wharfs, Decks, or Slips ; which Method have been found burthenfome and inconvenient, and not to aiifwer the Purpofes thereby intended : For Remedy whereof, II. BE it EnaSled, by the Go'vernor, Council, and AJfembly, and by the Authority of the fame. That from and after the palling of this Ad, the C'lmniiflioncrs of the laiu 7 own, or the Majority of them, flT.il], and they are heieby impowered and itquirtd, within Twenty Days after the Firll Tuejday \a Jamiaty in every Year, to lay fuch Tax as they may judge neccifary, nut exceeding Fifteen Shillings, Fioclamation Money, per Pcill, on all the Male TaxabK-s in ihc faid Town ; which Tax Ihall be col- letted by Warrant under the Hands aiid Seals of the Commiffioners, or the Majority of them, diredl- ed to any I'crfon they fliall aj^poiut to colled the fame, returnable at fuch Time as fliall be therein mentirned; w hi'. h faid C >lKdor, appointed as aforefaid, is hereby impowered to colled and make Dilhcfs for the Lmc, in like Manner as the Sheriffs, or other Collcdors of Public, County, or Parilh T.ixes, are impiuercd by Law; and the Money arifing therefrom, after deduding Five per Cent. Conimiffions, lli^ by him be paid inti; the Hands of the Commiffioners, or the Majority of them, to be by them appiitd and iaiJ out in clearing and repairing of the Public Streets, Lanes, and Alleys, an. making or lepairinc; Pijb ic Wharfs or Docks, and in any other Public Work they may judge ntceflary for tiie Benefit ol tie laid lown. III. AND be ii fu'ther EnaBed, by the Authority afore/aid, That no Perfon fhall after, the palling of this Ad, be obliged to work n the Streets, or otner public Places in the faid Town, or to pay any other Tovvn Tax, but fui.h as is herein-before-mentioned; any Thing in the before-recited Acl, to the contrary notvvithilanding. IV. AND whereas the Tnh !bit!t cf Appeil. think him or themfelves aggrieved by the Judgment or Determination of the (aid Ccmmiirnners, or the Majority of them, to appeal from fuch Judgment or Determinatijn to the Jultices of the Infe- rior Court of Pleas and Quarter SefTions of A'^zu Hanover County, liril giving Security to profecute fuch Apeal ; which faid JulHces are hereby impowered to determine the fame in a fummary Way. XIV. AND be i! further EnnQed, by the Authority aforefaid. That whefe any Perfion fhall be Perfons cliarpfd profcuted for dealin ; or trafficking with Negroes in the faid Town, not having Tickets from oalmg wiih Ne- their Maflers, Millreffes, or Ovcisceis, (uch Fcrfon fhali anfwir the lame on Oath, and on Refufal, ynoith" *' "" fliall fland convidled ; any Law, to the contrary, notwithltanding. XV. AND he it further EnaBci, by the Authority aforefaid., That it fhall and maybe lawful for the Commiffioners of the faid Town for the Time being, to call all Perfons to account for any Monies which may be in their Hands belonging to the faid Town, and to iffue V/ar.ants, under their Hands and Seals, for all Arrears which may appear to be jullly due from any Perfon whatfoever in the faid Town; under the fame Limitation as is prefcribed by the before- recited Ad. XVI. AND be it further EnaJlcd, by the Authority aforefaid. That this Art fnall be and continue Continujnce o# in force for and during the Term and Space of Two Years, from and after the Firlt Tuejday in Janu- "'^ ^^' ary next, and from thence to the End of the next Seffion of Affembly, and no longer. C;^mmi(!loners ts call Peifons f* Account for Mo- mcs in their HanJs, CHAP. XXI. An A5f for erecJing in the 1'own of Hillfborough a Public Gaol, and Gaoler^s HcufCi for the Dijlri£f ^/Hillfborough in this Province. I. \X 7" H E R E A S the Gdol formerly ereCled in the Town of Hillfborough has been lately burnt, V V atid there being no Place of fufficient Strength to fecure the Felons and other Prifoners, in the faid Diilricl of Hillfborough : F^or Remedy whereof. Preamble^ Commiffioners f. r huilding tht Gaol. tees to dcfign, contradl for, and caufe to be built and finilhed, a Aibftantial and fufficient Gaol and Gaoleri Houfe, of fuch Dimenfions and Materials, and on fuch Part of the Public Lot in the faid T(3wn of Hillforough, as to them, or the Majority of them, fhall feem moll: proper; which Gaol, fo ereded, fliall be and remain the Public Gaol of the feveral Counties now conllituting the Dilhift of Hilljborough. in. AND be it further EnaBed, by the Authoriiy aforefaid. That there fhall be levisd on each taxable Perfon within the feveral Counties within the faid Diftrid, to ivit. Orange County, One Shilling and Four Pence, Proclamation Money, and Gran'ville, th'aie, and C Ijat ham Couniici, One Shillinw like Money, annually, for the Term of Two Years next after the oaffing of this Act ; which faid refpedive Taxes fhall by the Sheriff of each of the faid Counties for the Time being be colleifted, in the fame Mnnncr, and under the fame Penalties, for non-Payment thereof, as is directed by Law for the Collection of other Public Taxes ; and the Monies arifing therefrom fhall be paid by the faid Sheriffs refpectively to the Truftees in this Aft named, to be by them, or the Majority or Survivors of them, as aforefaid, applied towards difcharging the Contracts they fliall enter into for the Buildings in this Aft directed. IV. AND belt further EnnSied, by the Authority aforefaid. That if any Sheriff who flinll be chargeable with any of the Taxes by this Aft affeffed, fhall negleft or refufe to account for, and pay B b b b " Bnto Taxss laid fot it. Mf't^Ol^ of Reco- very againft She- liffi when neglefi S^o LAWS of North-Carolima. A. D. 1771. unto the Truftees in this Aft named, the whole Sums he fliall be chargeable within Virtue of this V,^.,— v^-~__y Aft, after dedufting the ui'ual Commiffions for coliefting, and fuch Inlcilvents as lliall be allowed by to pay their tax- the Court of liis County, the faid Truftees, or a Majority of the Survivors of them, ihall have the *•* fame Method of proceeding againlt fuch Sheriffs, by Motion, as is by Law given aeainil Sheriffs for not accounting for other Public Monies by them received ; and fuch Proceedings ihall be oood and valid in Lawj in any Court of Record within this Province having Cognizance thereof. Truftfts tofin-fti ^•. ^ N D be ii further Enaded, by the Authority aforefaid. That the Truftees in this Aft named the Ganl in two ^aU immediately proceed to the Difcharge of the Trult repofed in them by this Aft, and ftiall caufa Years, and ac- the faid Buildings to be iinilhed within Two Years after the pafling of this Aft, at furtheft ; and on count for their the Expiration of that Term, they fhall lay an Accout, upon Oath, of their Proceedings therein, eroeedings. ^^j^j^ ^^ Account of all Monies they fliall receive by Virtue hereof, and the Sums paid by them oa Account of the faid Buildings, before the Court of each of the Counties herein named, for their Ap- probation, Preamble. Cofjiminioners appointed for lay- ing out the Road. Their Allow- CHAP. XXil. An A51 for laying out a Public Road from the Frontiers of this Province through the Counties of Mecklenburg, Rowan, Anion, and Cumberland, to Campbekon. WH E R E A S a Public Road from the Frontiers of this Province through the Counties of Meck- lenburg, Rowan, Anfon, and Cumberland, to Campbekon, would be of great Utility and Advantage to the Inhabitants of the Wellern Part of this Province, and others, and would tend much to the Advancement of Trade and Commerce : II. Be it therefore EnaSied by the Go'vcrnor, Council, and Affemlly, and by the Authority of the fame'. That "John Polk, William Brooks, John Dunn, Michael Monroe, James Blythe, Archibald M'Affery, and James Picket, be, and are hereby appointed Commjffioners, for laying out and eftablilhing the faid Road, and they, or a Majority of them, are hereby authorized and direfted as foon as conveniently may be after- the palling of this Aft, to, lay, mark. Hake cuti or eilablilh, or taufe to be laid, maiked, ftaked out or eflablillied a public Rpad, hom Mecklenburg Court-Houfe, in the Town of Charlotte, from Sherrell's Ford, en the Cata..i:bd River, and from the Court-Houfe in the Town of Salrjhury, refpeftively, the neareft and beft Way to the fiid Town of Campbekon ; and the faid Com- millioners, or a Majority of them, after having marked, flaked, laid out, and eftabliftied the faid Road, Ihall and are hereby impowered and direfted, to make an accurate Plan thereof; and the fame to return, with an Account of their Proceedings, to the next Inferior Court of Pleas and Quar- ter Seffions to be thereafter refpeftively held for the Counties aforefaid ; and the Juftices of the laid refpeftive Courts are hereby diredted to receive the fame, and are thereupon authorized and nquired to appoint fo many Overfecrs of the faid Road within their refpeftive Counties, as to the faid Jullices fhali, from Time to Time, appear convenient and neceffary ; and the faid Overfeers and the Inha- bitants of the faid Counties, refpeftively, fliall open, clear, and work on the fame, fo to be mark- ed, flaked out, and eltablilhed, as aforefaid, under the fame Regulations, and Ihall be liable to the fame Fines and Penalties, prefcribed and inflicted on Delinquents by an Act of Affembly, in- tituled, -'in Ad to imfoiver the Inferior Courts of the fcvcral Counties in this Province to order the laying cut of Public Roads, and fettle Ferries, and to appoint ii-here Bridges /hall be built, for the Ufe and Eafe of the Inhabit ans of this Province, and to clear navigable Rivers and Creeks. III. AND be it further Enaded, by the Authority aforefaid. That the faid Commiflioners fliall be ' allowed and paid for their Trouble and Expence in marking, flaking, and laying out the faid Road, the Sum of Five Shillings each per Day, out of the County Tax of their fefpective Counties. CHAP. xxm. An AB for appointing and impowering Francis Mofely, 0/ Anfon County^ and James M'Coy, 0/ Rowan County, to collect and receive the Taxes which are due from the Inhabitants of the faid Counties for the Tear One Ihoufand Seven Hundred and Seventy, EXP. SIGNED by JosiAH Martin, Efq-, Governor. James Hafelk Prefident. Richard Cafwell^ Speaker. AN N(> L A y/ S of N O 14 T H - C A R O I. I N A. 5 » * ^ ^^ A^. ^4- ^^ •§••$• ♦*"!^ •?- ^^^ -^J-i^ -^-^ 4^4^ 4-^> '^•** w f -*>-$. *$••$- <>-^ ••»• "^-^ '^•^ *$-^ •^i^'^ -^'^ •^'v^ J V. Z). 1773 ANNO 11 E G N I G E O R G I I III. REGIS, MAGN^ BRITANNliE, FRANCI.E, & HIBERNI7E, D E C I M O T E R T I O. At an ASSEMBLY, began and held at 'Newbern, tlie Twenty Fifth J o 5 l_A H Day of 'January, in the Thirteenth Year of the Reign of our Sovereign eV^.^GoI^' Lord GEO RG Ethe Third, by the Grace of God, of Gn^at-Britaifj, no?.' °'"- France^ dind Ire /an a, King, Defender of the Faith, &c. and in the Year of our Lord One Thoufand Seven Hundred and Seventy-Three : Being the Firfl SefTion of this AfTembly, C H A P. L j^ ASf for dividing the Province into Six fever rJ DiJlrifJs, and for cjlahlifhing a Superior Court ofjiiftice in each of the f aid Difiri^s -, and for ejlabliping Inferior Courts of Pleas and ^iurter Sejftcns in the fever al Counties in this Province., and regulating the Pro- cetdings therein. \. TT THERE AS the eflablifhing Superior and Inferior Courts of Juftice PrsamVc. V V within this Province will be produftive of Eafe and Convenience to the Inhabitants thereof, and muft necefTarily tend to a due and regular Adminiftration of Juftice i II. B E it therefore EnaSied, hy the Governor ^ Council., and JJfemhly., and by the An- sup-ri^r ccutu thority of the fame., That from and after thepafTingof this Ad, this Province be, and '-"^t-''''''^ J- Hand divided in Six fevera! Diftrids ; that is to fay, The JVihnington, JSevjbern, Edenton, Halifax., HiVfborough, and Saliflmry Diftrids ; in each ot which a Court for the Tryal of Caufes, Civil and Criminal, (hall be eftablifhed, by the Name of the Superior Court of Juftice for that Diftrid in which the fame fhall be held -, which Courts fhall confift of the Chief Juftice for the Time being, and Two AlTo- ciate Juftices, Men of Ability, and learned in the Law, whom the Gcvernor or Commander in Chief for the Time being fhall conftitute and appoint, v/ho fhall have Cognizance and legal Jurifdidion of all Suits and Pleas, real, perianal, and Their pov»et. mixt ; and alfo, all Suits and Matters relative to Legacies, filial Portions, Eftates of Inteftates, all Pleas of the Crown, of what Nature, Degree, or Denomination whatfoever, whether brought before them by original or mefne Procefs, or by Writ of Error, or Appeal from any Inferior Court, or by any other Means or Procels whar- foever; and they are hereby declared to have full Power and Authority to give Judg- ment therein, and to award Execution, and all neceflary Procefs thereupon •, and fliall have, ufe, txercife, and enjoy, the fame Powers and Authorities, Rights, Pri- vileges, and Prehcminences, as are had, ufed, exercifed and enjoyed, by the Chief Juftice or any of his Majcfty's Juftices of the Courts of IVeftminJlcr in Engknd : And in Cafe of the Death or Abfence of the Chief Juftice, or either of the other C c c c Juftices 5^2 L A W S of No R T H - C A R O L I V A. &c. j1. D. 1773. Jdftices, it fhall and may be lawful for one or more of the faid Jutliccs, by him- On<, ]»n\Z n^^f ^*^'^ """ themiclvcs, to hold any of the laid Courts, and to take Cognizance hold Court, ot all Matters in the fame depending, and give Jugmcnt and award Execution, in tlie lam.e Manner as might have been done in Calc the Chief Jultice, and the Two otncr Julbces, had been all prclent in Court. Eat-'i'Dc.'i' ^^^' ^^^ ^^ it further Ena'^d, hy the Authority aforefaid. That the Chief Jufticf, or either of the Alfociate Juftices, may, as well wuhin Courts as widiour, take the Probate or Acknowledgement of Deeds, or Letters of Attorney, and the private Examination of Feme Coverts, as hath heretofore been dene by the Chief- Juftice in the like Cafes ; and fuch Alfociate Juftice is hereby authoiizt-d, to take and receive the fame Fees and Foquiiites, as the Chief Juftice is intiruicd to for the like Services -, which Proof fhall be deemed equally good and valid in Law, as il taken in any Court of Record j any Law or Ulage to the contrary notwitii- ftanding. Chief jumre ta JV. AND for the Safety of Suitors, and to prevent Irregularities in mckinty up the Records ot the Courts; Be it Enatled, by the Authcriiy ajotefaid. That the Chiet Juftice be, and is hereby impowerered to appoint exptncnctd ar.d dilcieeC To eWe Bond, Cicrks ot the Superior Courts, who fhall each of them give Bond, with g' od ar,d lufti- ^Kiukethc cient Security, to our Sovereign Lord the King, his Heirs and Succ^ fiors, in the f e- nalty of Two Thoufand Pounds Sterling, lor the Safe keeping the R.cords, and faithful Difcharge of his Duty in hi:, Office ; and alio, fhall take the Oaths by Law appointed for the Qualification of pubHc Offices, repeat and fubfcribe the lift, and alio take an Oam, honcftly and truly to demean himfelf in Office dunn- his Continuance therein ; and likcwife the followina; Oath, to tvit^ A'f3 ihis Ojth. T "^^ ■^- do pwear^ that hy myfeJf^ or any other Per/on, I neither have, ncr uiJl give _!_ to any Pcrfon ivhatjoiver, any Gratuity, Gift, Fee, or Reward, in Ccn/ideraiion of r.iy appoint mcnt to the Office of the Clerk of the Superior Court for th Lif.nu of- T'>-5r Boni may Which faid Bond (hall be lodged in the Secretary's Office ; and in Cafe of a Breach * "' • of the Condition thereof, may be put in Suit for the Benefit oi, and at the proper Coft and Charges of the Party or Paitics injured, and Ihall not become void upon the Firft Recovery, or if Judgment ffiall be given againft the King; but n, ay, from Time to Ti;ne, be put in Suit by Adion of Debt, or Scire Facias, until the whole Penalty Ihall be recovered ; and when any Judgment fhall be obtained upon fuch Bond, the Damages afleffed Ihall by Order of the Court, be paid to the i'er- fon or Perfons injured. th= j.."itcJs%?. ^- AND be it further EnaHed, by the Auteority aforefaid. That on the Death V r.i.r .t,.y jp. or Removal of any of the Aflociate Juftices ot the Superior Courts, it ftiall aiid i...muiKrs. may be lawful for the Governor or Commander in Chief for the Time being, to conftitute and appoint another or other Juftices, qualified as aforefaid, in the Room of fuch Juftice or Juftices, chjpfj ftic. 3rd VI. AND he it frther Ena5^ed, by the Authority aforefaid. That the Chief the oau,k ot Gu! Juftice, and the AfiTociate Juftices of the Superior Courts, belore ihey aft in any of the faid Courts, fhall take the Oaths by Law appointed for the Qualification of Public Officers, aiid repeat and fubfcribe the Tvft ; and alfo take the following Oath, to -j;ity A. B. do fwear, that I ivill well and truly ferve our Sovereign Lord the Kirg and ___ his People, in the (ffice of Chief Jtifice, cr . ffcciate Jufice (as the Caje n:cy be) of the Stiferior Courts of "jufiice of the Province t/lSorth-Carolina ; and I will r.ct couniel or afjent to any Thing that may tend to the difinhetiting the Kin^ : I will do equal. l.aw and Right to all the Kings Suljets Rich cr.d Peer, without having Re^^ard to any Perjcn : I will not, willingly cr wttiingly, take ly wyjeif, cr any other Perjcn, any Lift vciiiinaiC. And this 0.\th, LAWS of N O R T H - C A 1< O JU I K t\. 5' or Rejjard wbatfo^ver, for any Mailer or "thing by 7ne to be done by Virim cfy/iy Off.cc^ ^- ^- i773« e::cepi the Fees an J Salary by La-Jo appointed : I -wiU not maintain by myjelf or any aber^ '<»-—%'- -j ■prvv.itely or openly^ any Plea or ^.arrei hanging in any of the King's Ccuris : I will not delay any Perjon of common Right for the Letter of the King^ or any other Perjcn, to me dire, ted, for any Caufe -, and in Cafe any Letters come to me contrary to Law, 1 iviil do yij thing for fucb Letters, but will proceed to do the Law, the Letters notwitkftanaing : And fi-ially in all Things belonging to my faid Office, during my Continuance therein, I will faithfully, truly, and ji'Jtly, according to the bejl of my Skill and Judgment, do equal and impartial J I' fiice. 50 HELP ME GOD. And if the Chief Juftice, or either of the Aflociates Juftices, fhall prefume to aft ''<■". f"' »o;ng irr his OiHcc; in any oi the Superior Courts, without taking the Oachs herein ap- o^'ij^jy"'"' '^* pointed and directed, and fublcribing the Teft, he I'hail torteit Five Hundred i'ounds. Proclamation Mjney ; to be recovered by Adtion of Debt, in any of the Superior Courts of Juftice-, one Half to the Ufe of our Sovereign Lord the King, lor defraying \\\- Charges of Government, and the other Halt to the Pcrlon or Perfons who Ihaii fue for the fame. VII. AN D be it further Enabled, by the /Authority aforefaid. That, the Superior SHrcror Ccuru Courts of Juftice Ihail be annually held for the icvcrai Diitricts in this Province at '*''■" '"^'<'' the following Times and Places, that is to fay. For the Diftrid of Salijbury, in the Town of Salijbury, for the Counties of Rowan, Mecklenburg, Tryon, .-w.jon, Surry, and Guilford, on the r'itth Day of March and September. For the Diftnct of Hillf- boro.igh, in the Town ot Hiljhorodgh, lor the Counties of Orange, Grawjille, Wake, and Chatham, on the Twenty Second Day ol' March and Septemuer. For the Diltridt of LLdlifax, m the Town of Hal:jax, lor the Counties of Halifax, Northamptcn, Edgcomb, and Bute, on the Eighth Day of April and O.:.ober. For the D;ltn6t of Edrnton, in the Town of Edenton, lor the Counties of Chowan, Perquimans, Pafquo- tank, Currituck, Bertie, Tyrrell, and Hertford, on the Twenty Fiitn Day of April and OJober. For the Diltrid: of Newbern, in the Town of Newbern, for the Counties of Craven, Carteret, Beaufort', Johnflon, Hyde, Bobbs, and Pitt, on the Eleventh Day of May and November. For the Dillnit oi WJmington, in the Town ot IVilmington, for the Counties oi New Hanover, Onflow, Bladen, Duplin, Cumber- berland, and Brunfwick, on the Twenty Seventh Day oi iVlny and November. And each Term ih dl continue Ten natural Days, exclufive of Sundays, by Adjournment de Die in Diem, if the Bufi-icfs Ihall require lb long a Time, otherwiic may be fooner deter.r.ined. VIII. PR OVIDED always. That if the Day by this Aft appointed for hold- Provin, f„r -h. ing any of the faid Courts fh-ill fall on a Sunday, then luch Court Ihall be held the r^nd^'']'"'^ "" * next lucceeding Day •, any Thing herein contained, to the co::trary, notwithftand- ing. IX. A N D be it further EnaHcd, by the Authority oforefaid. That all real Adions, Aai'>n« in whn Ejeilments, A6tions of Trel'pafs, ^lare Claufum Fregit, Suits on Penal Statutes, and Pieas of the Crown, fliali br commenced in the Superior Court of the Diftricft wherein the Caufe of Adion fhall have ariten, or the Offence ihall have been com- mitted, and not in any other Diltridt; and ail A.'^tions of Debt, other than on Pe- nal Statutes, all Adims of Detinue, Replevin, Adlons of Account Render, Adi- ons of Trefpafs, Affault and Battery, and for the unlawful taking of Goods, all Adions upon the Cale, and Suits for Legacies, or for the diftributive Shares of In- celtates Ellate-, when the PlaintitF and Defendant (liall refide in the lame Diitrid, fiiall be brought to the Court of that Diitrid where both Parlies fliall refide-, and when the Plaintiff and Defendant fhall relide in different Diftriils, Ihall be brought to the Diil:i"id in which fuch Plaintiff fhall refide; and where the Plaintiff (hall re- fide in another Province, fhall be brought to the Diftrid where the Deiendant fliall refide in thia Province -, and where any Action or Suit fiiall be brought to the Court of any other Diftrid than as herein direded, fuch Adion or Suit may be abated by the Plea of the Defendant. X. A N D Ullru-i!! tu be llcU!,l'i. 5H L A i'V a if N O R T H-C A R O L I N A. A. D. '773- Of whit Value Suits may be cnmmeoced m the Superior Couitsi CoijrH not dif. <"i.tinu-,1 by Dcj^ho Jullices, Protff«- f> bear TL-i>ofthe Chief JuMhc, and fign- e, where ihe r'rinc-pjl |3 in C.^^\, and t ri c tj ns then upon. Proceedings whero the Sh-tjff r tuiiivth- f'i;in- tit! n-[ to be 5i6 LAWS of No R T H - C A R O L I ?T A. A. D. 1773- Judgment final th- firil C.utr, E qiiirv may be CX-lllterH 3' tf) the ViMt cf th; Currency. Where AttirH- mtrt may be il- And t'roeeedinss thereon. Ri'n:l ?o be given before Aitach- insnt "ranted. Att?chment may Hfuf agiinrt the Eilites of PcrlV 05 ill nthr Govern- m.nts. J'r'^rr-rt^ng'i Attirliments. XXII. AND be it further Enafjed^ by the Authority aforefaid. That in Cafe any Plainiiif fhall obtain Judgment final in an Aftion of Debt at the fiift Court to which the Writ or Procefs is returnable, that it fhall be lawiul tor hmi to execute his En- quiry as to the Value of the Currency or Money upon which !uch Judgment is tounded, at the Term in which fucli Judgment Ihall be entered or obtained. XXIII. AND be It further EnaEfed^ by the Aiithorily aforefaid. That it Ihall be lawful for the Chief Juftice, or the Juftices of the iaid Superior Courts, or any Jus- tice of the interior Courts, upon Complaint made by any Perfon, his Attorney or Ap-ent, on Cth, that his Debior has removed, or is removing himfclf out ot the County privately, or ab conds or conceals himfelf fo that the ordinary Procefs of Law cannot be fcrved upon him, and alio further fwear to the Amount of his or her Debt, to the beft ol his or her Knowledge, fhall thereupon grant an Attach- ment againft the Eftate of fuch Debtor, wherever the fame may be Jcund, or in the Hands of any Ferfon or Perfons indebted to, or having any cf the Effcds of the Party abfconding, or fo much thereof as fhall be ofValue lulhcicnt to fatisfy the Debt and Colt of fuch Complaint ; wluca Attachment fliail be returred to the Court where the Debt or Matur is cognizable; ana fuch Attr.chment fhali be deemed the leading Procefs on luch Aftion, and the lame 1 roceedings ihall be h.,a thereon as on an Attachment on a Return of Nen ejl Inventus by the Shenfi"". XXIV. PROVIDED ah:cys^ That every fuch Juflice, before grnniing fuch Attachment, (hall take Bond and Security of the Party lor v/hom the fame fhall be ilTued, in double the Sum to be attached for, payable to the Defendant, for lati-siy- \v\o and paying all Cofts which fliall be awarded 10 the iaid Delendant, in Cafe the Plaintifif iuing out fuch Attachment thculd be c^-ft in h.s Suit, and alio all Damages which fhall be recovered againft the laid Plaintiff in any Suit or Suits which may be brought againft him for fuing out the faid Attachment, and for all Damages wrong- fully fuffered by the Perfon againft whom iuch Attachm;ent was prayed, by Realon of the Plaintiff's wrongfully fuing out the fame; which Bond ftia!l be returned to the Court to which the Attachment is returnable^, by the Juftice who fnall grant the fiime ; and every Attachment ilTuing without iuch Bond taken, and returned as aforeiaid, and Oath made as afore-mentioned, is hereby declared voifl, and fhall be abated, on the Plea of the Defendant. XXV. AND be it further Enaflcd^ That when any Perfon, Inhabitant of any other Government, fhall be indebted to, or hath done any Tort or Injury to any Pevfon, a Refident of this Province, and cannot perfonally be Jervcd with Procefs, and hath EfTecls in this Government, any of the faid Juftices may grant an Attach- ment againft the Eftate of fuch Perfon indebted, or who hath done any Tort and In- jury as aforefaid, undef the Rules, Reftri6ticns, and Regulations afore- mentioned, and the fame Proceedings may be had thereon. XXVI. AND be it further Ena5icd, by the Authority ofcrejaid^ That when any Goods, or other Eftate, fliall be attached by Virtue ot an Attachment, whether jvi- dicial or original, it fhall and may be lawful for iuch Perlcn or Perlons, his, her, or their Attorney, to replevy the famie, by giving Bond, with good Security, to the Sheriff, or other Cfhcer ferving the faid Attachment (which Bond the Sheriff or other Ofhccr is hereby impowered and required to take) to appear at the Court to which iuch Attachment is returnable, and to abide by, perform, and fatisfy the Order and Judgment of ft:ch Court ; and when the Eftate atiaclud fhall by Three Juftices of the Inferior Court cf the faid County, to i:e fumm.cred by the Sheriff for that Purpofe, be certified, on Oath, to be perifliable, if the Peifon or Ptrfons to whom it belongs fhall not, within Sixty Days after the fervir.g fuch Attachment, replevy the fame, then fuch Eftate fhall be Icld at Public Vendue, by the Sheriff or other Ofiicer ferving fuch Attrchment, having firft advertifed fuch Sale at the Court-Houfe, and other Public Places in his County, at leaft Ten Days befcre the Sale J and the Money ariftng by fuch Sale fhall be liable to the Judgment obtained upon L A V/ S 5/ N O R T K - C A R O L I M A, ^Xj upon fuch Artachment, or to be depoficed in the Hands of the Clerk of the faid Court to which tuch ir^rocels is letuniiibic, then to wait tnc Event ol" the Judgment upon fuch Attachment-, and wnere the ^iitritf, or other Ofhccr, fliall kr/c an At- tachment in the Hands of any Pcribn or ;ef ions indebted to, or having any of tiie Ei-f;.'its of the Party ab;conding, he ihall at the lame 1 ime (ammons fuch Garninite or Girnilhees to appear at the Court to vvnich the A[t..chnicnt is returnable, within the lirit Four Days iherv.of, thcr^ to antwcr,. upon Oath, what he or fl:e is indebted t.) luch Party, and what Effcds of luch l:'arcy he or ihe ii.uth in his or her Hands, and had at the Time of Icrvir.g fuch Actachmc'nt ; and where any Attachment (hall be returned lerved in tne Hands of any Garniince, in Manner atorefai ', it ftiall be lawful, upon hir. or her Appearance and Examination, and in Manner afore-menti- oned, to eater up Judgment, and a^vard Execution againit every luch Garnifhee or Garniihees, for all Sums of Money due from him, her, or them, to the Pcrlon ab- fcondi,ig, m his, her, or their Luiiody or PoiiclTion, for the Ufc ot ihe Party ob- taining fuch AttuCh r.enr, or ,0 much thereof as Ihail be ot Value iulHcient to iai::s;'y the faid Debt, and Cotb of Complaint ; and ail Goods and EfTocts whatfoever in the Hands of any Garnilhec or Gdnulhees, belonging to luch abicondirg Perlon^ ihall be liable to latisiy fuch Judgment-, and where any Garniflire fhall be returned by the Sheriff or other Officer, i'ummoned in Manner aforeiaid, and fhall fail to appear an 1 cliicover, on Oath, in Manner by this Att directed, it fhall be lawful, and the Court is hereby au::hori2ctt to enter a conditiunai Judgment againft luch Garmihee, and upon filch judgment fo entered fl-sall iffue a ^^V^ Pncias a-i^uA the laid Girniih::;e, to ihew Caule, if any he hath, at the next Superior Court, why Judgnent final ih )ul 1 nnt be entered againfl him ', and upon fuch Scire Facias bting duly executed and made known, fuch Garniniec fhall fail to appear at the next Cjurt, and difcover, onO»th, in Manner aforefaid, the Court fhall, and are hereby required, to cOnfirni fuch Ju'igment, and aWard Execution for the PlaintiiT's whole Debt or Damages, and CoiU. XXVII. AND where^J.s divers Perfons, poffefTed of Lands, Tenements, and f;!;;|^[",7J !^,]| H^rediraments, wicifm this f-'rovince, have contrafted, or v/ho may contraft Deb:s tt-'L.i..ft to the Pains and Penalties herein before mentioned j any Law, Ufage, or Cuftom, to the contrary, notwithftanding. XXXVII. AND be it further Ena^ed, by the Authority afcrefaid. That if any Perion i'ummoned to attend as aforefaid fliail tail to appear accurdirgly, every fuch Perfon lo tailing, fhall forfeit to the Perion or Perfons at whofe Inlknce the Sub- poena was ilTued, Twenty Pounds, Proclamation Money, and fhall be further liable to the Adion of the Party end imaged, for Want of fuch Witntllcs TcHinnony, who fhall recover his full Damages and Cofls. XXXVIII. PROVIDED always. That if fufficient Caufe be fhewn by the Perfon lb fummoned, or for whom .ucii Copies fhall be lo left, and failing to appear, of his or her Incapacity to attend at the 1 ime he or fhe ought to have appeared, then no Forfeiture or Penalty fhall be incurred by iuch Failure-, but if fufficitnt Caufe be not fhewn at the next fucceeding lerm alter fuch Failure, en Notice gi- ven, it fhall and may be lawtul for the Court, on Motion, to grant Judgment for the Forfeiture before- mentioned, againft the Perion or Ptrfons lo fummoned, and failing to appear as aforefaid. XXXIX. AND be it further Ena^ed, by the Authority aforefaid. That every Witnefs being fummoned to appear in any of the faid Courts, in Manner as before diredled, who by Sicknef?, Age, in Gaol, or any other Caufe, fhall be incapable of attending Court to give Evidence, or fliall refide cut of the Province, on Oath made thereof, or the Truth of the fame otherwife fufhciently appearing, the Judge or Juflices of the Court wherein the Suit is depending, fhall and may, by Con.mif- fion, as from Time to Time may be nectfiary, impower fuch and fo many Pcrfons as they fliall think neceflary, to take and receive the Depofirions of fuch Witnefs-, which, upon being duly returned, fliall be received as legal Evidence. XL. P ROV ID ED always. That the Party praying fuch CommifTirn as aforefaid, fhall give fuch Notice to the adverfe Party, ot the Time and Place when and where fuch CommilTion is to be executed, as the Court fhall think proper •, and the adverfe Party fhall have Leave to crofs examine any Witnefs or WitnefTcs whofe Depofitions fhall be fo taken; and all Depcfitions ctherwiie taken than is herein diredled, unlefs by Conient of Parties, fliall be void, to all Intents and Purpolts, XLI. AND be it further Ena"ed, by the Authority aforefaid. That if any Perfon or Perfons, who may be a Witnefs or Witneffes in any Caufe depending in any of the faid Courts, fhall be under a NectfTity or departing th.is Colony before the iaid Caufe is to be tried, that upon Oath made thereof before the Chief Joftice, or any one of the Juflices of the laid Court-;, and the Caufe of Excufe approved by him the faid Chief J u (lice, or other Judice, is hereby impowered to illue a Com~ niilTion L A JV S e/" North-Carolina. 52 [ mifllon to one or more Perfons to take the Depofition of fuch Witnefs, Ten Days ji- D. Notice being previoufly given to the adverfe Party, or his or her Attorney, of the '*-'^ Time and Place when luch CommilTion is to be executed ; which Depofition, when returned, fliall be received as legal Evidence. XLII. AN T> he it further EnaHe-U hy the Authority afore faid^ That if any Perfon Pen. f.c R,f..f.i who ih^.ll be fummoncd as a Witnefs in any of the faid Courts, or before any Per- '^ 6've Evidctc fons appointed to take Depofitions, (hall refufe to give Evidence on Oath, fuch Perfon I'o refufiag ihall be committed to the common Gaol, there to remain without Bail or Mainprize, until he or Ihe be willing to give Teftimony, in luch Manner as the Law now doth, or hereafter fliall direft -, provided that the People called Pro%ifo for quj. Qu-.ikers iliall have the fame Liberty of giving their Teflimony, by Way of folemn """' Arfirmation, as by an Ad of Parliament made in the Eighth Year of the Reign of his M.jcily King Gccrge the Firil, intituled, An A£l for granting the Peoplt called ^takers fuch I'enns of Affirmation or Declaration, as may re-move the Difficulty which many of them lie under ; and that all Negroes, Indians, Muiattoes, and all of mixed Ncrofs. &c m Blood, defcended from Negro or /;7-.-/m« Anceftors, to the Fourth Generation, bond ^^Xk'i^'h"^^ or free, fliall be deem.ed and taken to be incapable in Law to be Witnefies in any iher. Cafe v/hatloever, except againll each other. XLTII. AND he it further Ena^ed, hy the Authority aforefaid. That during the "^fn«Tcs Pr!»i- Atcendance of any Perfon fummoned as a Witnefs to any Superior or Inferior Court, ^^'' and as fuch Per.on is going ro or returning from the Place of fuch Attendance, al- lowing one Day for every Twenty Five Miles fuch Perion's Refidence fliall be dif- tant from the fame, no Sheriff, or other Olficer, fhall lerve or execute on any Per- fon lb attending, going to, or returning from fuch Court, any Writ, Prccefs, Warrant, Order, Judgment, or Decree, in any Caufe ; and if any fuch fliall be ferved or executed, the fame fliall, and is hereby declared to be null and void. XLIV. AND he it further EnaSied, ly the Authority afcrefaid. That for every ThcJr Aiowanee Mile any Witnefs Iliall travel, cither going to or returning Irom the Court to which ^'" ^'"^"*''""' fuch Witnefs fliall be fummoned to appear, there fliail be paid to him, by the Party at whofe Inllance the Subpoena iluied. Three Flalf Pence, Proclamation Money, fcr Mile, together with the neccflary Charges of Ferriages; and Three Shillings, like Money, for every Day's Attendance, from the Time appointed for the Appearance until the Time fuch Perfon fliall have given Evidence, or fliall be difchargc '. Provided, That in any Bill of Cofts, there fliall not be allowed the Ciiarge of more than Two Witneflcs to any one particular Matter of Fadf. XLV. AND be it further Ena^ed, hy the Authority aforefaid. That the Clerks ^]'^^^^ f^° «'''« of the Superior Courts are impov/ered, and are hereby direded, to take Probate of oenceXiCiuJ'* all EviJeiice Tickets, upon Oath, and to certify the laine. XLVI. AND he it further Enabled, hy the Authority afcrefaid. That the Superior ^;_J*'^ "f Error Courts fliall have Power and Authority to grant Writs of Error, for correfting the Errors of any Inferior Court, where the lame fhall be necefifary ; and the Party praying fuch Writ of Error, before th^ fame fhall ifllie, fliall affign Error, and give Bond and Security, x.o be approved by the Ccurt, to abide by, perform, and fulfil the Judgment which fli ill be given thereon by fuch Court : And if upon Argument of any Writ of Error, or Trial of any Appeal from any Inferior Court, the Judg- ment or Decree of the Inferior Court fliall be reverfed, the Superior Court fhall grant Judgment, or make fuch Decree thereupon, as fhould have been entered or made up in fuch Inferior Court, and fliall and may ifTue Execution thereon, without granting a Writ oi Procedendo; and to prevent the obtaining Writs of Error by Surprize, the Party praying fuch Writ in a civil Caufe, fliall give Notice to the ad- verfe Party of his moving for fuch Writ, at lead Ten Days before fuch Motion j and no fuch Writ fliall be granted without an Affidavit of flicli Notice. XLVIL AND granted. 522 L A IV S Cf NORT H-C A R O L 1 N A. J. D. x-jTi. H.ibeas Corjus may be granted, to remove the Body to th- Su- perior Court. Cauf?s tranfp^ fed to the Siiptnor Cuuit Dockets Afli'>n plven in the late Supeiidr Courts, Suit n.ay ba brought for the fame in the psefent Courts. XLVII. AND for preventinp; long and oppreffive Imprifonments, Be it Ena5I- ed, by the Authority aforejaid. That when any Peribn lliali be committetl in any civil Aftion to the Gaol of any County, by Procefs iHliing out of any Inferior Court, for any Matter cognizable in the Superior Court, it fhall and may be lawful for the faid Superior Court for the Diftridt in which fuch i'erfon fliall be imprifoned, upon Petition, and Caufe fliewn by the Perfons fo imprifoned, to ifilie out a Habeas Corpus cum Cauja^ to remove the Body of fuch Defendant into the Gaol of the Superior Court, and the Caufe of Commitment into the faid Court ; and the Clerk ot the faid Court is hereby authorized, direded, and required, by Order of the Court, to ilTue ilich Writ accordingly ; and the Court lliall and may proceed therein, and bail, diicharge, or retain fuch Pnfoner, as the Right of the Cafe may require. XLVIII. AND be it further EnaSfed, by the Authority afore/aid. That all Caufes, A6lions, Writs, Suits, Attachments, Plaints, Procefs, Recognizances, Indidlments, and Prefentments whatfoever, that are or fhall be depending in any of the late Superior Courts of Juttice within this Province, or fuch as fhall be rtturna- able to, or had, or fhall have Day or Days, in any of the faid late Courts, or other Matters or Things in them depending, and not fully determined, fl:all be transferred and put on the Dockets of the relpeiftive Courts hereby eftabfflied, in the fame Crder they fhall tlien ftand in the Dockets of the faid late Superior Courts refpec- tively •, and fhall be proceeded in by the laid Superior Courts hereby eilablifhed, ac- cording to the Method by this Ad direded, as if the fame had been originally com- menced in any of the fame, due Regard being had that fuch Courts take Cognizance of fuch Suits, Matters, and Things, the Caufe or Caufes whereof arofe, or is fug- gcftcd to have arifen, within their refpedive Diftrids. XLIX. AND be it further Ena£!ed^ by the Authority 'afcrefaid. That in all Cafes, wherein by any Ad of Aflembly heretofore made, Adion is given, or Re- covery direded to be had, m any of the late Superior Courts within this Colony, in every fuch Cafe, after the pafTing of this Ad, Suit may be brought for the lame Caufe of Adion, and Recovery had in the Superior Courts hereby eftabliflied, and Judgment and Execution fhall be entered, as in other Cafes by this Ad direded. Procefs bfpan in the late Ciurts, miy be talc en C gnizjiice ot in the preicnt Courts. Forfeited Rccog nizatices in the late Couitb how levied. Comm'ffi"n « Oy r and Trim' ntr may be iflucri L. AND be it further EnaSled^ by the Authority aforcfaid, Tliat all Writs and other Procefs, and all Suits, Appeals, and Proceedings whatfoever, ifiued, granted, or profecuted in the late Superior Courts, wherein Judgment hath been entered, or Decree made, fliall and may be taken Cognizance of by the Superior Courts of the refpedive Diftrids hereby eilablifhed, wherein the Caufe of.Adion did arife, or was fuggefled to have ariien ; and fuch Courts may refpedively award Execution, or other necelTary Proceedings on fuch Judgment or Decree, in the fame Manner as if fuch Suit had been originally commenced in fuch Court ; any Law, Ufage, or Cuilom, to the contrary, notwithflanding. LI. AND be it further EnaSed, by the Authority afcrefaid. That wher'='in any of the late Superior Courts any Recognizance has been forfeited, or Fine impofed, and not hitherto paid, it fliall and may be lawful for the Superior Courts hereby eflabliOied, of the Dillrid in which fuch Recognizance was or fhall be forfeited, or Fine impofed, to iffue Execution for levying the fame, after the Party fhall be ferved v/ith a Writ of Scire Facias, and fails to Ihew fufficient Caufe to the contrary; and in all Recognizances which fhall hereafter be forfeited, or Fines which fhall be hereafter imporcd, in any of the Superior Courts, the lame Procefs fliall iflTue, and the Forfeiture be levied in the fame Manner, unlefs fufBcient Caufe be flievvn, on the Return of the Scire Facias, why fuch Forfeitures fhould be difcharged, or mi- tigated by the Court. LIT. AND whereas many of the Prlfons within this Province are infuf^icient for the Retention of Perfons who may commit capital and other Offences againft his Majefly, his Peace and Government; therefore, for the fpeedy IVial of fuch Of- fenders, L A IV S of Noxth-Carolina. 523 773- fenders. Be it Enabled, by the Authority afcrcfaid^ That the Governor, or Comman- ^. D. der in Chief for the Time being, To o'ten as he fliall find it neceHary, is hereby im- powered and authorized to ifiue a CommiflTion of Oyer and Terminer and General Gaol Delivery, under the Great Seal of the Province, directed to the Chief Juftice and his Aflbciates, or either of them, for the Trial of any luch Ofienders ; and the faid Jufticcs fo commiffioned, or either of them, after Receipt thereof, are hereby inpowered to hold a Court, within the Time limited by fuch CommifTion, for the Trial of every luch Orrender ; and to hear and determine all Crimes and Mifdemean- ors, of what Nature or Kind foever, wherewith fuch Offender or Offenders is or ihall ftand charged, and give Judgment, and award Execution thereon. LIII. A N D be it further Enarred^ by the Authority aforefaid^ That his Excel- The g ,vfrnor to lency the Governor, or Commander in Chiei for the Time being, fhall by CommifTion orQ^runi!"'''" conftitute Juftices of the Peace for the feveral Counties in this Province, and in fuch Commiffion ihall tor each County nominate and appoint not more than Seven, nor lels than Five of tlie Qiiurum ; Vv'hich Juftices (hall be ftiled of the Quorum in fuch Commiflion, and Ihall be Inhabitants of the County to which they ihall be fo ap- pointed. LIV. To I? judges of the Iiirerioi Courts. . - AND be it further EnaHed^ by the Authority aforefaid. That fuch Juftices of the Qiiorum, together with others nanied in the CommifTion, (halt be Judges of the Inferior Court of Pleas and Quarter Sefiions, and have all the Powers incident to fuch Jurifdittion. Provided always, That of the Juftices fitting on the Bench, there Ihall be a greater Number of the Quorum than of the other Juftices not of the QuDrum-, which Courts fhall be called Inferior Courts of Pleas and Qiiarter SefTions, and taken and held to be Courts of Record. LV. AND be it further EnaEled, by the Authority aforefaid. That every Perfon Who^are to^ta^ke nominated and appointed a Juilice of any Inferior Court, before his entering upon and executing the faid Office, fhall publicly in the Court- Houfe of his County, on a Court Day, take the Oaths appointed, or which fhall be appointed to be taken by Aft of Parliament, for the Qiialification of Public Officers, repeat and fubfcribe the Teft ; and fhall alfo take the following Oath, to wit. the Oaths of 6..- vrniment, aiid the I A. B. do five ar. That as a Juftice of Peace in the County of in all Articles in the Commiffion to me direned, I will do equal Right and Juftice to the Poor and to the Rich, after -my Cunning, IVit, and Power, and according to Law ; and I will not be of Council in any ^tarrel hanging before me ; 1 will not let for Gift or other Caufc, but zvell and truly I will do my Office of a Juftice of the Peace, as well within the Inferior Court of Pleas and ^tarter Sejfions of the faid County as without ; and I will not take a^ Fee, Gift, or Gratuity, for any Thing to be done by Virtue of my Office ; and I will not direSf, cr caufe to be direcled, any Warrant by we to be made to the Parties, but I zvill direkt them to the Sheriff cr Conftable of the County, or other the Kings Officers or Minif- ters, or other indifferent Perfon, to do Execution thereof. SO HELP ME GOD. Oath of 3 Juftice, And if any Perfon whatfoever fhall prefume to execute the Offi.ce of a Juftice of any Inferior Court, without firft qua ifying himfelf in the Manner by this Aft be- fore required, he fhall, for every fuch Offence, forfeit and pay One Hundred Pounds, Proclamation Money ; one Moiety to his Majefty, his Heirs and Succef- fors, towards Vat Support of this Government, and the other Moiety to the Infor- mer-, to be recovered with Cofts, by Aftion of Debt, in any Court wherein the fame is cognizable. LVI. AND be it further Enabled, by the Authority aforefaid. That the faid In- ferior Courts of Pleas and Quarter Seffions fhall be conflantly held upon the Days following, to wit, Dcbbs and New Hanover, on the Firft Tucfdays in January, Ap'il, July, and October. Onftow and Anfcn, on the Second Tuefdays in January, April, F f f f July, Pen. for a fling withour tjualilj- mg. Cnurtj wlion held. r24 L A W" S of No rth-Carolina. A. D. 1773. July, and Oiiober. Perquimons, on the Third Monday in January, April, July, and ^-— 'V""^ October. Duplin and Mecklenburg, on the Third Tuejday in January, April, July, and October. Cumberland^ Pitt, and i7"r)'c«, on the fourth Tuefdays in January, April, July, and October. Bute, on the la(t Tuefdays in January, April, July, an(i October. Granv/Le, H laden, and Rowan, on the Firfl T'uefdays in February, May, Augujti and November. Chatham and iwrry, on the Second Tuefdays in February, May, Augi'ft, and November. Jchnfion, Guilford, and Hertford, on the Third T'«^ ^^jj in February, May, Augufl, and November. Edgtcmb, Orange, and Tyrrell, on the Fourth Tuefays in hebruary. May, /itigufl, and November. Northampton, fVake, Currituck, and //y^f, on the Firft Tuefdays in March, June, September, ar.d Lecem- ber. Craven, Halifax, and Pafquotank, on the Second Tuefdays in March, June, September, and December^ Carteret, Chowan, and Brimfuick, on the Third Tuefdays in March, June, September, and December. Beaufort and Bertie, on the F'ourth Tuejdays m Ahnh, June, September, and December, in each Year. And huw long to LVIl. P RO V I D ED nevcrtheUfs, That if the Bufinds of any of the faid '""• Courts cannot be determined on the Court Day^ the Jultices may adjourn from Day ro Day, not exceeding Five Days ; at the hnd oi which Time, it the Caufes and Matters deptrnding betore them ihall not be finally determined, or otherwife conti- nued in the Manner herein after dirfcdted, the lame Ihajl be continued to the next fucceeding Court. Onej.mcemny LVII.I. PROVIDED ttlfo. That if through Sickntfs, or other Inability, adi MrnffCMT. Diy B^^^-iefs of Wcathtr, or other Accidents, it fliall io happen that a fufficicnt Numttf ceedmg 3 d'/s! of JuftiCes ihali not meet for holding the laid Courts on the Days herein before ap- pointed, in iuch Lnie it Ihali and may be iawiul lor any one Jullice to adjourn the L-ourt whereof he fhall be a Member, from Day ro Day, not exceeding Three Day;^, until a iutlicient Nua^bcr of Juftices can attend to hold Court. c.uits cr Pro- LIX. AN D be it further EriaEled, by the Authority aforefaid. That none of the cdsin'he.n, net f^jfj Couits, OF Ptocefs in any of them depending, Ihall be dilcontinued for or by . . Reafon of the Juftices failing to hold Court upon the Day by Law appointed, or of any Alteration of any ot the faid Days appointed lor holding the faid Courts; but in every fuch Cafe, ail luch Frocels, Matters, and Things depending, fhall ftand eontinutd, and all Appearances upon Returns of Procefs, fhall be made to the next fucceeding Court in Courle, in the fame Manner as if fuch fucceeding Court h;d been the lame Court to which fuch Procefs ftood continued, or fhch Returns or Ap- pearances had been made ; and all Recognizances, Bonds, and Obligations for Ap- pearances, and ail Returns, fiiall be of tne lame Force and Validity for the Appear- ance of any Perlon or Perlons at fuch fucceeding Court, and all SummoiiS for VVit- neffes as effedual, as if the next fucceeding Court had been exprefsly meniioned therein. iftices Power, LX. A N D be it further Enacted, by the Authority aforefaid. That the Juftices of the faid Inferior Courts of Pleas and Qiiarter SeHions, or any Three of them. Two whereof to be of the Qiiorum, fhall and may take Cognizance of, and are hereby declared to have full Power, Authority, and Jurifuiction, to hear and de- termine all Caufes whatfoever at the common Law within their rtfpeclive Counties, where the Debt, Damages, and Caule of Adion, is above Five P(,ainds, Prccla- mation Money, and (hall not exceed Fifty Pounds, like Money (Adions of Tref- pafs in Ejedment, Formedon in Delcender, Remainder, and Reverter, Perjury and Felony, and fuch criminal Caufes where the Judgment, upon Conviction, flial! be for theLofs of Life or Member, excepted) and all Fetit Larcenies, AfTaults, Bat- teries, and TrefpafTes (other than fuch Trelpafies wherein the Title of the Freehold^ ihall or may come in Queftion) Breaches of the Peace, and other Mlfdemeanors of what Kind foever of an Inferior Nature, and all filial Portions and Legacies, and Diftributions of Inteftates Eflates, and other Matters thereto relating, for any Sum or Sums not exceeding Fifty Pounds, Proclamation Money ; and the faid Juflices of be difconiinu LAWS of North-Carolina. 52. of the Peace, and every of them, at all Times during their Continuance in their ^- D. x-j-jy Office, as well widiin their Inferior Court of Pleas and Quarter Seflions as without, »— — v~— ' (hall have full Power and Authority, as amply and as fully, to all Intents and Pur- pofes, as the Jultices 01 rhe Peace in the Counties of England, to preferve, maintain, and keep the Peace v/ithin their relpeftive Counties. LXI. AN D k it further Enacted, by the Authority afcrefaid. That the faid In- ^'"^'^ •*«"■' "> fericr Courts refpeftivtly fhall and may, by Summons or other legal Procefs, upon wii..'''^''"' "^ Application maJe to them, compell any Perfon or Peribns whacioever, having in their PofTcfrTon any Will or Tcftament of any deceafed Perion, to exhibit the lame to the Court, in Order to a legal Probation thereof, and alfo to rective the Probate of Wills, and order the fame to be recorded, and make Orders for ifiuins Letters Tellamentary and Letters of Adrniniltration ; and the Cieik fliall and may take Two Shillings and Light Pence for recording each Willi C.ivcats are cn» tcred. Clet-ks to take the Oaths. LXII. PR V ID E D ak'jays. That any Perfon who hath a Ric;ht to execute a Will, or to adminifter the Eftate of any Intcitate, who fhali thmk hinitclf irjurtd by fuch Older, may enter a Caveat in the Court wherein fuch Order fliall be made, againil the Perlbn obtaining the lame -, and the Secretary, and his Deputy, fhall forbear to feal and counterf.gn Letters Tefiamcntary or of Adminiftrarion, till the Matter in Controverly Ihaii be reheard and determined before the Governor, or Commander in Chief for the Time being, and Council. LXill. AND he it further Enacted, by the Authority aforefaid. That every PeN fon nominated and appoinjced Clerk of any Inferior Court, betore his entering upon and executing the fv.cl Omce, fhali take the Oaths by Law appointed for the Qiia- '.fication of Public Oiiicers, repeat and fubfcribe the Ttlf, and alfo take the follow- ing Oath, to wit, I A. B. do /wear, That I will well and truly execute the Office cf Clerk of the Inferior Court of Pleas and ^mrter Scjfwns for the County of according; to the befi of my Skill and Ability. SO HELP ME GOD. LXIV. A N D for the better Prefervatlon of Wills, Be it further Enacted, by win, to Krt,ain the Authority aforefaid. That all original Wills fhall remain in the Clerk's Office, j^^J^''' '-''"'''• among the Records ot the re pe6live Counties where they fhall be proved ; where- unto any Perfon may have Recourfe as to the other Records, except for the Time the fame fhall or may be removed before any other Court, upon the Determination of any Con trover fy. CV. AN D be it further Ena^ed, by the Authority aforefaid, 'That the Clerk of clerks to tr^nf- Infenor Court aforcjaid, in the Month of Oi/(?^fr annually, ffiall return to '^lll'^l^^^^f^. LXV. every the Secretary s Ofhce a Lilt oi all Certificates for obtaining Probates or Ada;iniflra- cteurj-s office, tions, granted by their refpedive Courts from Time to Time, containing the Names of the Teftators or Inteilates, their Executors or Adminilfrators, and the Names of the Securities ; which Lifts the Secretary is hereby required to caufe to be re- corded in his Office, alphabetically, in Books for that Purpofe, and fhall and may take and receive Two Shillings and Eight Pence, Proclamation Money, for every fuch Order therein mentioned. LXVI. ANT) be it further Ena!^ed, by the Authority aforefaid. That the At- torney General is hereby authorii^ed and required to appoint a Deputy in each County within this Province, which faid Deputy in.dl and may profeeute all Matters cog- nizable in the Inferior Court of Fleas and Qiiarter Stffiuns for and in Behalf ot his Majcflv, and fhall take and receive Thirteen Shillings and Ft.ur Pence, Proclama- tion Mj->ey, on each and every Bill of Indidment found, or Prcfentment made, in the faid Court, in which he or his Deputy fliall be. Attrrnfy Cf-ne- r:'l to appimt a Depiity in every C unty. LXVII. A NT) 526 L A iV S cj North-Carolina. A. D. 177J. LXVII. AND be it further Enabled, by the Authority aforefaid^ That the faid oTrTCir'a Inferior Courts of Pleas and Quarter Selfions refpedively fliall, and they are hereby Tax7.r conTin! EUthorizcd and impowered, annually, between the Firft Day of May and the Firft Ccui? "^ '''* Day of November^ to affefs and lay fuch a Tax on the taxable Perfons in their ref- peetive Counties, as fliall be fufBcient to defray the contingent Charges of the fame j which Tax fliall be collected by the Sheriff, and paid and accounted for in the fame Manner as Public and Parifli Taxes are, or fliall be by Law direded, and by him accounted for and paid to the Court, or their Order. juftice. Powff to I,XVIII. AND whereas it often becomes expedient that Court-Houfes and LSuHouLT'' Gaols fliould be rebuilt or repaired, and it being in Doubt whether the Jufl:ices of the faid Inferior Courts have any Power to rebuild or repair fuch Court-Houfe or Gaol i Be it therefore Enacted, by the Authority aforefaid. That from and after the pafllng of this Att, the Juftices of the fcveral and rclpeftive Courts in this Province have lull Power and Auihority, from Time to Tim.e, as Occafion fliall require, to agree and contrail with Workmen, ot other proper Perfons, to rebuild at the fame Place, or repair, any Court-Houfe or Gaol as alorefaid ; a .d the faid Jufl:ices fliall have full Power and Authority to lay a reafonable Tax on each taxable Ferfon in their refpetlive Counties, for defraying and paying the Charges and Expences thereof; -provided, that there fliall not be leis than Five Juftices on the Bench, Three whereof to be of the Quorum, at the Time of palling fuch Order, for build- Aii Debts of 5I ing or repairing as aforefaid : And all Debts and Demands of Five Pounds, Pro- bi7bT!LVone7uf' claniation IMoney^ or under, are hereby declared to be cognizable and determinable ^'«- by any one Juftice ot the Peace, who may give Judgment, and thereupon award Execution, againft the Goods and Chattels, or Body, of the Debtor, or Party at^ainft whomluch judgment fliall be given -, which fliall be executed and returned by the Sheriff or Conft;ible, to whom directed, in the fame Manner as other "Writs of Fieri Facias, or Capias ad Satisfaciendum, are to be executed and returned. Right of Appeal. LXIX. PROV ID ED neverthekfs. That if either of the Paraes fhall be dif- fatisfied with the Judgment given by luch Juftice, he may appeal to the next Infe- rior Court of Pleas and Quarter Scffions, firft giving Security for profecuting fuch Appeal with Effeft •, which Caufe fhall be tried, and finally determined, the fame Court, without any further Procefs, in the fame Manner as Caufes are there tried, brought by original Procefs •, and Judgment fliall thereupon be given, and the Party caft ftiall pay the Coft of all Proceedings had thereon, to be taxed by the Court. joftic.rhat trie, LXX. PROVIDED mverthelefs. That the Juflice before whom fuch Suit the c.ufe, not to was firft licard and determined, fliall not fit in Court, or give Judgment on the fit o« .he Appeal, ^rial of fuch Appeal. Attachment LXXI. AND be it further EuaSfed, by the Authority aforefaid. That it flial! glinted, return, ^j^^j ^^y bc lawful for any Creditor, where his Debt or Demand doth not exceed *bie to a juft;ce. ^.^^ Pounds, Ptoclamation Money, to go before any Juftice of the Peace, and make Oath how much is juftly due to him, and that he has Grounds to fufpect that his Debtor hath, dr intends to remove himfelf and Effects privately out of the County, or fo abfconds that Procefs cannot be ferved upon him -, and thereupon fuch Juftice, having firft taken Bond and Security as in other Cafes of Attachments, fhall iffue an Attachment againft the Eftate of fuch Debtor, returnable before any Juftice of the County, direded to the Sherifi', or any Conftable of the County, and by Virtue thereof, it fliall be lawful for fuch Sheriff or Conftable to purlue and at- tach fuch Effefts, and make due Return of fuch Attachment; and the Proceedings thereon by the faid Juftice fliall be in a fummary Way, in the fame Manner as on a Warrant, LXXII. AND be it further EnaHed, by the Authority aforefaid. That any Jufl ice fmn.tuTo cu" of the Peacc fliall and may have Power, and is hereby authorized, upon Compkmt being made by any Perfon or Perfons, for any Matter or Thing, Debt or Damage, coRnizable L A IV S o/North-Carolina. 527 cognizable in the Inferior Courts of Pleas and Quarter Seflions of this Province, to ^- D. 1773 grant an original Attachment againlt the Ellate of any Pcrion abfconding, or con- ^— -v~ -' cealing, and removing himfelf out of the County, returnable to fucli Court, ob- ferving therein the Rules and Reftridions direflcd for granting original Attachments returnable to the Superior Courts of Juftice ; and all Sherifi's, and other OHicers, fhall execute and return the fame, and obferve the Rules and Direftions appointed to be ob!'erved in executing Attachments returnable to the Superior Court, and the like Judgment, Recovery, Relief, Remedy, and Proceedings, (liall be had there- upon, as in the lilce Cales is grantable in the laid Siiperior Courts. LXXIII. JND be it further EnaSled, by the Authority aforefaid. That all ori- ^dTod rruS ginal Procefs, by NVric, or other Manner or Means, and all lubfcquent Procefs thereupon, to bring any Perfon or Perfons to anl'wer to any Action, Suit, Bill, In- form.ation or Plaint, in any Inferior Court of Pleas and Qiiarter SefTions (except Subpoenas to iuaimon Evidences, which may be made returnable immediately) fhall be ilfuid and bear Tc-il: by the Clerk of every Inferior Court of Pleas and Qiiarter Seflions refpedively, and fhall be returnable on the Eirft Day of the fining of the Court, and iliall be executed at ieaft Five Days before the Return thereof -, and if any Perfon ilfues any Writ or Procels whiifl fuch Court is fitting, or within Five Days before the Beginning of the Court, fuch Writ or Prccefs fliall be returnable to the Court next after that then fitting, or beginning to fit, within Five Days as aforefaid, and not otherwife \ and all Writs and Procels iffued, made returnable, or executed in any other Manner, or at any other Time, than is herein before direfted, miy be abated upon the Plea of the Defendant. LXXIV. P RO VI D EB always, That nothing herein contained fhall extend, Pr'-vifo in ainu- ■' . nal Giles ' or be conftrueJ to invalidate or vacate any Writ, Procefs, Warrant, or Precept, ifTued by any JulVice of the Inferior Courts of Pleas and Qtiarter SefTions, on any criminal Profecution, or in his Majefty's Behalf, but the fame may be returnable on any Day in the fitting of the Court; and the Proceedings in all criminal Cafes fhall be had according t(j the Laws and Statutes of Great Britaif!, and this Province j ,any Thing herein contained to the contrary notvvlthftanding. LXXV. AND be it further EnaSied, by the Authority aforefaid. That when any rr^r-d. wher* Writ or Procefs fhall iffue to take the Body of any Perfon or Perlbns, to anfwer fhTsM'erffui'ci- unto any Plaintifr in any civil Aition in any Interior Court of Pleas and Qiiarter v.i c^fei. Seflions, the Sheriff fhall return therewith a Bond, with Two fufhcient Securities, for double the Sum for which the Perfon fhall be held in Arrefl (Executor?, Ad- miniilrators, and Perfons fued on Penal Statutes, excepted) to the Clerk, on or before the Firlt Day of every Court; and if the Sheriff fhail not return Bail, or the B.iil fo returned Ihall be found infufficient, upon Exception taken thereto, then and in fuch Cafe the Sheriff ihall be taken and ffand Bail for the Defendant, and the Plaintiff may proceed in his Suit to Judgment, according to the Rules hereafter mentioned, and on Judgment or Recovery, may take out Execution againft the Defendant or Sheriff, or both ; any Law, Ufage, or Cuflom, to the contrary, notwithfbanding. Provided always. That if the Defendant puts in Bail before the Time to plead given him by the Rules hereafter mentioned is expired, then xhe Sheriff fhall be difcharged. Provided alfo. That the Sheriff may ilirrender the De- fendant in Difcharge ot iiimfelf, at any Time before final Judgment ubraincd againft the Defendant. LXXVI. A ND be it farther EnacJed, by the Authority aforcfiid. That where any Kverutinn tt> -r- Judgment or Decree fliall be obtained in any Inferior Court of Pleas and Qiiarter ["tJr'judcm.m!' Stffions, for any Debt, Damages, Portion, or Legacy, or Proportion of any Intef- tates Ellate, and the Perfon againfl whom fuch Decree fhall be obtained fliall re- move him or herfelf and Effects, or fliall refide out of the Limits of the Jurifdiftion of fuch Court, it (hall be lawful for the Clerk of the Court where Judgment was given, or Decree made, at the Requeft of the Party for whom the fame was ren- G g g g dered. 52! L A i4^ 8 cf NoRT H-C a r o l i n a. Non eft Inventus is returned. Proceeding' on Attachments the tame as in the Superior Cuuits J. D. 1773. dered, to iflue a Writ oi Fieri Facias, Capias ad Satisfaciendim, or other Procefs, under the Tell herein before prelcribed, anci to direct the fame to the SiierifF, or other Officer, of any County ot this Province, where the Defendant or Debtor, or his Goods, fhall be found •, which faid ShentFor other Officer, to whom the fame Ihall be directed, is hereby impowercd and required to ferve and execute the fame, and Ihall make return thereof to the Ccurt where the Judgment or Dcciee was given, in the fame Manner as if fuch Procels had ilfucd from the Superior Court of Juf- tice. LXXVII. AND for the better afcertaining what Procefs may be ifTued, where the SheriH fhail return that the Defendant is not to be found in his Baihwick •, h is hereby Enacted, That when any Sheriff fliall make luch Return, the Plaintiff or Plaintiffs, in any civil Action, may lue an Attachment ngainft the Eflate of fuch Defendant, returnable as is herein beJore directed tor the Rtiurn of original or other fublequent Procefs, thereupon to enforce an Appearance, or an Alias or Phiries Capias, until fuch Defendant be arrefled, ac the iliectiun ot the Plaintiff or Plain- tiffs-, and if the Sheriff Ihall return fuch Attachment executed, the Plaintiff Ihall file his Declaration according to the Rules of the Court, and be intitkd to a Judg- m<;nt. LXXVIII. AND he it further Fjm^ed, by the Authority aforefaid. That the fame Rules, Methods, and Proceedings, fliall be had, kept, ukci, and obiervtd, by the faid Inferior Courts of Pleas and Qiiarter Stffums, and Officers, in the granting, iffuing, executing, returning, and awarding Judgn.ent on judicial At- tachments, and the like Remedy, Recovery, and Reliei, againft Sheriff, and Bail, as in like Cafes is provided by l.-aw in Suits depending in the Superior Courts of Juftice. Rules of Court. LXXIX. A N D for thc regular Profecution and Determination of Suits, en- tering up Judgments, and Prefervation of the Records; Be it therefore Enat:ed, by the Authority aforefaid. That the following Rules and Methods fhall be oblervcd, to wity That the Plaintiff in every Suit fnall file his Declaration on the Firfl Day of thc Court, or firll calling of thc Caufe in Court; and at the fame Time ferve the De- fendant, or his Attorney, with a Copy thereof, if required. That if the Plaintiff fail to file his Declaration, or appear and prcfecute his Suit, the Defendant may enter a ISon Pros. That the Defendant (hall enter his Appearance, and file his Plea in Writing, whether general or fpecial, the firll Court ; and if he fails to to do, the Plaintiff fhall have Judgment, which in Adions of Debt fliall be final, except where Dama- aes are to be fuggeffed on the Roll ; in which Cafe, and in all others where the Plaintiff fliall recover in Dainages, a Writ of Enquiry fhall be executed the next Court. That the Defendant may plead as many feveral Matters as he fhall think necef- fary for his Defence, fo that he be not admitted to plead and demur to the whole. That all lllues, whether general or fpecial, fliall be heard and tried the next fuc- ceeding Court, unlefs lufficient Caufe is fliewn to fuch Court why fuch Caufes fliall be continued. That all Caufes at Iffue ready for Trial be firfl: heard and tried. That every Motion in Ai'refl: of Judgment fliall be argued the lafl: Day of the fame Court the Iffue is tried, the Defendant's Attorney firfl: ferving the Plaintiff's Attorney with a Copy of the Reafons in Arrefl; of Judgment; unlefs, upon fuffici- ent Reafons fhewn, and approved of by the Court, further Time fliall be allowed. That when any fpecial Verdiifl fliall be found, or Demurrer to Evi 'ence, at the Motion of either Party, Time fliall be allowed to the next fucceeding Court for hearing. LXXX. AND L^^^S of NoHTH-CAROLlti A, y2(j LXXX. AND for Prevention of Delay and Vexation by dilatory Pkas, // is ^' 1^- 1773- hereby further Enacted, That no Piea in Ab.icenient fliali be received in any Adion *^^^^^!^[^,^ or Suit, uiilels the Truth thereot be lufficiently Ihewn to the Court, by AlHdavit prtvc.uu. or othtrwiki and in all iidliuns where the Declaration ihail plainly let torth fufli- cient Matter of Subll^r-ce for the Court to proceed upon the Merits of the Caule, the Suit (liall not abate for Want of Form ; and that when any Plea in Abatemenr. ihall be pleaded in any Attionj and upon Argument thereof the fame fhall be judged inlufficiciu, the Plaintiff or Plaintiffs in luch Atlion lliall recover againfl the De- fendant or Defendants full Coifs to the Time of ov'eruling fuch Plea, including the Colls ot that Court, a Lawyer's Fee only excepted. LXXXI. AND for granting Appeals from the Inferior Coiirts of Pleas and Appeals g.anted. Qiiarter SelUons to the Superior Courts of Juflice, and obtaining Writs of Error to the laid Courts •, Be it jurthir Enacted, by ihe authority aforefaid. That when any Peribn or Peribn>, either PiaintifFor Defendant, Ihall be diffatisfied with the Judg- ment, Sentence, or Decree, of any Inferior Court, he may pray an Appeal from the Judgment, Sentence, or Decree of fuch Courts to the bupciiar Court of Jultice of the DiltriA wherein fucli Interior Court of Pleas and Qiiarter Seffions is htld ; but bcfure obtaining the fame, fhail enter into Bond, with I'wo fufficient Securities, for profecuting the fame, and for performing the Judgment, Sentence, or Decree, that the Suptrior Court Hiall enter or make thereon, in Cafe fuch Appellant (hall be call. LXXXII. i\ND becaufe it may happen that in ifTuing Prdcefs, carrying on w.its cf Errot the Proceedings, and rendering Judgments in the faid Inferioi- Courts of Pieas and a'^^'"^"*- Quirter SeiTions, there may be Error to reverie Judgments ; Be it Enacted, That when any Defendant is defirous to proiecute a Writ of Error, he Ihall move the Inferior Court of Pleas and Quarter SefTions where fuch Suit is depending, to allow a Writ of Error, he firil entering into Bond as afore-mentioned ; and the Court is hereby impowered and required to allow thereof, as if fuch Writ of Error was then and there produced. LXXXIII. AND for carrying on and profecuting fuch Appeals and Writs of h w picfecutd. Error, Be it Ena fed, by the ntthority aforefaid. That the loUowing Rules and Me- thods of Practice fhail be obfcrved, to wit. That when any Perion, either Defendant or Plaintiff, conceives he is injured by the Judgment, Sentence, or Decree, of any- Inferior Court, and fhall have appealed to the Superior Court, in Manner above diredled, a Tranfcript of the Proceedings of the Interior Court Ihall be filed by the Clerk of fuch Superior Court Fifteen Days before the fitting of the Court; and if the Trial in the Inferior Court was of an Iffue to the Country, a Trial de Novo (hall be had ; and if on a hearing on a Petition for a iiiial Portion or Legacy, or Diftri- bution of an Inttftate's Ellate, or other Matter thereto relating, a re-hearing at the faid Court, without Notice given by either Party ; and if fuch Tranfcript of the Proceedings is not filed within the Time aforefaid with the Clerk of the Superior Court, or if the Appellant fhall fail to appear and profecute his Appeal, then the Judgment, Sentence, or Decree, of the Inferior Court, fliall be affirmed, and the Appellant Ihall be adjudged to pay double Colts, provided that there fiiall be Thirty Days between the Day of Trial or Hearing in the Inferior Court and the next Supe- rior Court ; but when it fo happens that there are not Thirty Days between fuch Trial or Hearing and the Superior Court, fuch Appeal fhall be continued, and a Tranfcript of the Proceedings tranfmitted to the Superior Court next after: And where any Dc^fendant will profecute a Writ of Error, he may move the Inferior Court where the Trial is hid, and enter into Bond, with Security, as before-mentioned ; whereupon a Tranfcript of the Proceedings fhall be filed v/ith the Clerk of the Su- perior Court Fifteen Days before the Court, and the Party profecuting fuch Writ of Error fhall affign and file Error the firft Four Days of the Court; °and in Cafe fuch D.-fendant fhall negleft to file fuch Writ, and affign Error as aforefaid, or fhall fail to appear and profecute the fame, then the Judgment of the Inferior Court fhali 530 LAWS of Nor T H -C A R o L I N A. ^. D. 1773. fhall be affirmed, and the Plaintiff in Error ihall be adjudged to pay double Cods-, ^''-''-^r — •* provided that there fhall be Thirty Days between fuch Motion lor obtaining a W'ric of Error, and the Time of holding the Superior Court. On Appeals, LXXXIV. A N D bc it fuTther Etia^ed^ by the Authcrity afcrefaid. That in every rp"a*"R"coiTtf Interior Court within this Province, when an Appeal fhall be granted, or Writ of i^rocciduigs for Error allowed, the Clerk ot fuch Court fhall immediately make up a full and per- the Appaut. ^^^^ Record of all the Proceedings in fuch Caule; and fhall, within Ten Days after the Adjournment of the Court, give an attefted Copy of fuch Record, with a Tax- ation ot all Cofl:; accrued, to the Pcrlon appealing, or to whom the Writ cf Error is allowed, if recjuired ; and every Clerk negieding to do the i^ime, fhall forfeit and pay to the Perfon intitled to fuch attefted Copy, the Sum of Five Pounds, Procla- mation Money ; to be recovered by Adion of Debt, Plaint, or Information, in any Court of Record -, and the faid Clerk ihall be further liable to an Adion on the Cafe, for all fuch Damages as fuch Perion fliall fuftain for Want thereof. Aflions t.a.fp f- LXXXV. AND be it further Enabled, by the Authority afcrefaid^ That all Caufe?, cd to the prtftnt Adlons, Suits^ Writs, Plaints, Procefs, Recognizances, Indictment?, and Pro- Coun Dockets, fgntments whatfoever, heretofore commenced, and not yet determined, in either of the late Inferior Courts of Pleas and Quarter SefTions in this Province, or fuch as fhall be returnable to, or had, or fhall have Day or Days in any of the faid Courts, or other Matters or Things in them depending, not fully determined, after the pafTing of this Ad, fhall be tranlpol'ed and carried ofT the Dockets of each of the faid late Interior Courts, into the Dockets of the fcveral Courts by this Ad efla- blilhed, in the fame Order in which they fhail then ftand on the Dockets of the faid late Inferior Courts refpedively, and fhall be proceeded on by the faid Courts ac- cording to the Method by this Ad dirtded, as if the fame had been originally commenced therein. Procefs in fhe LXXXVI. AND be it further EnaSled^ by the Authority afcrefaid^ That all cogmz'ib.Tirthe Writs and other Procefs, and all Suits and Proceedings whatfoever, iflued, granted, prefeiitCoBits, q^ prolecutcd in any of the faid latfe Inferior Courts, wherein Judgment hath been entered or Decree made, fhall and may be taken Cognizance of by the faid Courts of the refpedive Counties by this Ad tflablifhed-, and fuch Courts may relpedively award Execution, or other necefTary Proceedings on fuch Judgment or Decree, in the fame Manner as if fuch Suit had been originally commenced in fuch Court by this Law hereby eftablifhed ; any Law, Ufage, or Cuflom, to the contrary, not- withflanding, Sufpendingciaufe. LXXXVII. PROVIDED, That the Execution of this Ad be fufpended and deferred, till his Majefly's Royal Will and Pleafure be known thereupon. C H A P, II. An Act for regulating the Town /?/ Hertford, and other Purpofes. Preamble. I. \"f 7H E R E A S from many unavoidable Hindrances, it hath been impradi- YY cable for the Proprietors of Lots in the Town of Hertford to complete the Buildings on the Lots in the faid Tov.'n ; Lots refted in II. 5 £ // EuaHed, by the Governor, Council, and Affembly, and by the Authority cf the Grantees. the fame. That every Lot in the faid Town, on which a Houfe fhall be ereded and built, of the Dimenfions mentioned in an Ad cf AfTembly, intituled. An Alt for efiabiiflnng a Town on the Lands of Jonathan Phelps, in Perquimons County -, or in another A6t of AiTembly, intituled. An /]5t for enlarging the Time allowed for faving Lots in the Tozvn of Hertford, and other Purpofes ; or in one other Ad of AfTembly, intituled. An Aci to continue an Atl, intituled. An A^ for enlarging the Time allowed for faving Lots in the Town of Hertford, a7ui other Purpofes, and to efiablifb a Ferry from LAWS (?/' N O R T II - C A R O L I N A. 5 ^ [ jrom the 'Town ^^'- Month after it fhall be afcertained to whom each of the faid Lots doth belong, in Manner herein before-mentioned, pay and fatisfy to the faid Diredors Forty Five Shi'lings, Proclamation Money, for each Lot ; Forty Shillings of which Sum fnall be paid over to the Heir at Law of the faid Jonathan Phelps, deceafed, in full Satif- faflion for the faid Land, and the other Five Shillings fhall be applied towards de- fraying the Expence of laying olf and improving the faid Town, as a Majority of the Diredors Ihall think proper ; And in Order to do Jullice to the Heirs at' Law of the faid Jonathan Phelps, for luch Lots as may be fold at Vendue, there fhall be paid out of the Sale of fuch Lots the whole Amount of the Sales, if not more than Forty Shillings for eich Lot, on an Average ; and that all above that Sum fhall be applied by the Dircdors for the Benefit of the faid Town, in Manner as by this Ad direded : And in Cafe of a Refufal or Negied of any of the Subfcribers or Purchafers of Lots to pay their refpedive Sums, the faid Diredors fhall and may v/arrant or fue the Perfon or Perfons (according to the Dignity of the Debt) in their ov/n Names, and therein fliall recover, with Cofls. VL AND whereas the Plan of the faid Town is thought to be incorred and Drffl-rstotnaice uncertain ; Be it Enabled, by the Authority oforefaid. That the Diredors, or a Majo- ,,i^;|;"';"[j;j: ""'' rity of them, fhall have full Power and Authority to meet as often as they fliall think H h h h nccefliiry. 532 Zr ^ ^5 f/ North-Carolina. A. D. 1773. necefTary, and caufe a Re-Survey of the faid Town, and a Plan to be made from ^-"""^f"^ the faid Re-Survey, and therein to infert a Mark or Number to each Lor, and fliall give the Courfes and Diftance of each fcveral Street and Lot in the iaid Town. Nott.,aff.ftPur. VII. PROV IDED neverthckfs. That if any Houfe hath been built on any .its. gfpgg,.^ "Lot, or Common, in the faid Town, contrary to the Intent and Meaning of the feveral before recited Ads, the Proprietor of fuch Houfe fhall not be injured by the faid Re-Survey ; but fuch Houfe, and the Ground whereon it Hands, ilial], and is hereby declared to belong to the faid Proprietor or Proprietors, his, her, or their Heirs or Afligns, any Thing in the before recited Acts to the contrary, not- withflanding; Commons to be VIII. AND whercas in the Plan of the faid Town, heretofore taken, there is *°'^" common Ground left between the Streets and the River, where Warehoufes and Wharfs might be built, for the Benefit and Convenience of Commerce; Be it Enacted^ by the Authority aforefaid^ That the Direftors, or a Majority of thtm, aie impowered and required to lell fuch Pieces of Ground as may be confidered the Com- mons of the faid Town, as lliall be by them judged conveniently fituated ior fuch Buildings and Improvements, at Public Vendue, to the hightfl Bidder, and to make proper Deeds and Conveyances for the fame ; and the Money arifing from fuch Sale, to be applied towards the Benefit of the faid Town, Lots oppohfe to j^_ PROVIDED ncvcrthekfs^ That when any Lot has been heretofore drawn, cnce, " " ' fold, or convcycd, and is now the Property of any Perfon or Perfons next cppofite to which fuch Lot or Lots belong, en tendering and paying to any One or more of the Diredlors, within Six Months after the paffing hereof, the Sum of Twenty Shillings, Proclamation Money, the Diredors fhall make and execute a Deed or ■ ■ Deeds for them, in the fame Manner as is before dirededj and the Mcney to be applied as herein before directed. Dircaorstn gife X. A N D bs it furthcr Efiactcd^ by the Authority aforefaid. That the Diredlors, S L,u.' "' or a Majority of them, fhall, on Application of any Perfon or Perfons who hath al- ready faved, or fhall hereafter fave any Lot or Lots within the faid Town, give fuch Perfon or Perfons a Certificate of the Lot or Lots having been fo faved, agreeable to Law ; which fliall be proved or acknowledged, and regiftered in the faid County of Perquimans, at the proper Coft and Charges of the Perfon or Perfons requiring fuch Certificate-, and the iaid Lot or Lots Ihall thereafter be held, deemed, and taken, to be futBciently faved, and fhall continue to be the Property of the Grantee or Grantees thereof, his, her, or their Heirs or Afllgns, for ever-, any Thing in this, or any of the before recited Afts, to the contrary, notwithflanding. Overieer of the j^I. A N D be it further Enacted, by the Authority aforefaid. That it fhall and pX^eJ.'"'"''^" may be lawful for the Inferior Court of Perquimcns County, and thty are hereby di- refted and required, within Six Months after the pafTing of this Aft, and from lime to Time thereafter, as Occafion may require, to appoint an Ovtrfeer to work en the Streets and Alleys of the faid Town, v.ho fhiall have equal Power and Authori- ■ ty, and be liable to the like Pains and Penalties, as other Overfeers -, and the Inha- bitants of the faid Town fhall, at all Times hereafter, by Order of the Overfeer, v/ork on the Streets and Alleys of the faid Town, in the fame Manner, and under the fame Penalties, as ethers are liable to, in and by an Act of AfTembly, intituled. An Act to impoiver the Inferior Courts of the fevercl Counties in this Province to order the laying out of Public Roads, and ejlablifi and fettle Ferries, and to appoint where Brid- ges floaltbe built, for the Ufe and Eafe of the Inhabitants of this Province, and to clear navigable Rivers and Creeks : And the Overfeer, and Inhabitants of the faid Town, fhall not be liable to work on any other Road hereafter j any Law, Ufage, or Cuf- £om, to the contrary, notwithflanding. Xn. AND L jI fV S of N OUT h-Caro L 1 ti A. 537 XII. AND bs it further Ena!led, by the /lutbority afcrefaid, Thzith&Ovtrktr^ A. 13. 1773. wirhin Six Months atter his Appointmenr, Ihall caufe all Fcrions liable to v/ork on J^"" ^— " the Streets and Alleys of the faid Town, to make a lufficient Fence from and to the be'Zde?"'' ^° Water, on each Side of the faid Town, in the moil convenient Place, and ihall hang a Gate or Gates at one or more of the molt Public Streets of the laid Town, as Occafun may require; and the faid Overker and Company, for the Time being, fliali, from Time to Time, and at all Times thereafter, keep the faid Fence and Gates in good and fu.Hcient Repair, under the like Fines and P'orfcitures, as for negle-ling to work on the Streets and Alleys of the faid Town. XIII. AN D be it f:{riber Em^eJ, by the Authority aforefaid. That no Inhabitant "•?' ":* »<> '»n of the f:.id I'o-.vn ihali, on any Pretence whatfoever, keep any Hog or Hogs, Shoat "'"'s J'T-^'""- or Pigs, running at large within the Bounds of the laid Town, on Penalty of for- feiting and payirg the Sum or Twenty Shillings, Proclamation Money, to the Party aggriev.-d ; asrJ lurther, that it Hiali and may be lawful for any Perfon whatfoever, after the Firlt Day oi January ntxt, to flioor, kill, or otherwile deftroy, fuch Hog ,or Hogs, Shoat or Pig, lb running at large in the faid Town. XIV. PROVIDED al-j::ays. That the Perfon or Perfons killing fuch Hog or Prpe-ty pr.rr»- Hz-gs, Shoat or Pigs, fliall not be intitled to them ; but the fame fliail continue the "'' '" mcOwncr. Pr 'pcrty of the Owner, who n^,ay take the fame to his, her, or their Ufe and Be- nt fii". XV. AND whereas feverai of the Direftors of the fiid Town are dead, whereby Dir-^ors ap. their OfHces are become vacant; Be it further Enacted., by the Authority aforefaid., P'""^='^- That from and after the paffing of this Ad, Selh Sumner., William Skinner, .'-.nareix) Knox, Nathaniel Williams, and TLomas Harvey, be, and are hereby appointed Di- rectors of the laid Town, and may ufe and cxcrcife the fame Powers and Authori- ties, as the Diredors appointed by the before recited Ad could or might have tx- ercifed, ufed, or enjoyed, by Virtue of the f:me : And in Cafe of the Death, Re- fufal to ad, or Removal out of the County, of one or more of the faid Diredors, the furviving or other Diredors, or a Majority of them, fluU, and they are hereby impjwered and required, to choo.f^e another Diredlor or Directors, in the Room of him or them fo dying, rei'unng to act, or removing out of the County, agreeable to the Directions of th. laid Act. XVI. AND whereas the Court-IIciife in Terqiiimor.s County is fituate in the --^ ''•''' f-"- a Town o\ Hertford, on the Well Side oi Per q-mnons River, and the Inhabitants on ^"'"'^'"y* the Eaft Side ot' the faid River are obliged to attend at the faid Court- Houfe during the fitting of the lofenor Court, at the Election of Members of Afiembly an.l Vel^ trymen, General Muffers, and Court Martials of the faid County, and the Act of A-ffrmbly heretofore made for defraying the Expences of fuch Ferriage is near ex- piring ; Be it therefore Ena:;eJ, by the Authority aforefaid, I'hat the Inferior Court cf the (aid County ol Perquin:ons are hereby authorized, impowered, and required, at the next Court to be held after the Firfl; Day of May, yearly, to lay a Tax, not ex- ceeding Three Pence, Proclamation Money, on each taxable Perfon in the faid County, to be collected and accounted for with the Inferior Court of the faid Coun- ty, by the Sheriff of the faid County, in the fame Manner, and under the like Re- gulations and Rcitrictions, zs ether Taxes of the faid County are to be collected and accounted for, and to be by the faid Court applied and appropriated as a Premium or Reward to fevcral Ferrymen now apjx)inLed, or hereaJtcr to be appointed by the Court of the faid County, to keep a Ferry from Hertford to Newbfs Point, and from A^r^'i^y's Point to tlcrlford; lor which they Ihall, and are hereby obliged, to fet over. Ferriage free, all i-'erfons rcfident in the faid County, going and returning from the Court or Vcftry of the laid County, Elcdion of Members of Affcmbiy and Veflrymien, Multers, and Court Martials of the faid County. XVII. AND 534 LAWS of No RTH -Carolina. A. D. 1773. Court to pay the Feirymen, I'eifons to be Ferry free. Ferrv Keepers to |ive B>nd. Fines how reco- 'terible. XVII. AND be it further Enabled, by the Authority aforefaid^ That the Infe- rior Court of the faid County are hereby authorized, impowered, and required, out of the Monies arifing by the Tax fo laid and collected as aforefaid, yearly, and every Year, to allow and pay to the feveral Ferrymen attending at the Ferry aforefaid, fuch Sums of Money as they fnall think reaionable, for their Trouble in tranfporting all Perfons who fhall or may have Occafion to attend the faid Court-Houle on the Days and Times aforefaid. XVIII. AND be it further Ena"ed, by the Authority aforefaid. That the Fer- rymen that now are appointed, or (hall hereafter be appointed by the Court of the faid County, to keep a Ferry at Hertford and Ncx-hys Point, are hertby required to ferry over the faid River, free from any Expence, all Perions refident in the faid County, during the fitting of the Inferior Court and Veftry of the County, and alfo all Perfons whatever on the Days of Ekftion of Members of Aflembly or Vefirymen, and aifo all Perfons going to, and returning from, the Mufters and Court Martials of the faid County, under the Penalty of forfeiting and paying the Sum of Ttn Shillings, Proclamation Money, for each Neglect or Refufal ; to be recovered by a Warrant, on Proof made before any Magiftrate of the faid County. XIX. A N D be it further EnaSfed, by the Authority aforefaid. That it ILall and may be lawful for the Juftices of the faid Court to take Bond and Security of the faid Ferry Keepers, in the Sum of Twenty Pounds, Proclamation Money, for their due and faithful Performance of the Duties enjoined by this Act ; and that all Fines that fhall be recovered againft any Ferry Keeper in Virtue of this Act, fhall be paid to the Juftices of the faid Court, to be by them applied towards defraying the Charges of the County ; and all other F'ines by this Adt impofed fhali be recovera- ble by the Directors, or a Majority of them, and applied towards the Benefit of the faid Town. CHAP. III. An A£i to regulate and afcertain the Fees of the Clerks of the Pleas in the Superior and Inferior Courts in this Colony^ dir effing the Method of ■paying the fame, and for taxing Law Suits. Preamble. I. ^ "¥ T H E R E A S frequcnt Complaints have been made that the Fees of the VY Clerks of the Superior and Inferior Courts, as regulated by former Acts of Aifembly, are doubtful and ambiguous : For Explanation whereof, 11. BE it Ena5ied, by the Governor, Council, and Affemhly, and by the Authority of the fams. That for the future th," following Fees only Ihall be teceivtd by the Clerks of the Superior and Inferior Courts, and no other or greater Fees or Charges what- foever Ihall be deemed or conftrued to be allowed by the former Acts of Aflembly, to ivit. Clerks Fees regu- lated. F""or every Writ or leading Procefs returned to the firft Court, and all fubfequent Procefs, Appearances, Pleas, Rules, Orders, and other Services neceffary thereon, until the making up an IfTue inclufive ; and alfo for DifmilTion or final Judgment, where either happens, or for Confeflion of Judgm.enr, to the Cltrk of the Court, Fourteen Shillings. For every Continuance or Reference of every Caufe after the fecond Court, in- cluding all Fees for every Service neceffary thej-eon. Four Shillings. For the Court at v/hich the Caufe is determined, including all Fees for every ne- ceffary Service thereon, and entering final Judgment inclufive. Eighteen Shillings. For every Subpcena, provided the Party infert no more than Four Witneffes in the lame. Two Shillings. For every Execution or Order of Sale, when necefiary, ifilied and returned, in- cluding all Services thereon, with taxing Cofts, and Copy, and entering Satisfacti- cn, Five Shillings. For L A ly S of N O K T a - C A R O L I N A. 535 For every Scire Facias againft Bail, vviih making up an IlTue thereon, or entering yf. D. 1773^ Judgmenr, without Plea, including all Fees for every Service neceflary thereon »»— -v^Ui° (provided that the Party paying Coils fhail not be fubjea to this, unlefs the Scire Facias is requilite, and required by the Plaintiff) Eight Shillings. For giving a Copy of tlie Record of any Cauie, when demanded by either of the Parties, Six Shijiings. For every Order or Rule of Court, made on Matters foreign to the Suits depend- ing in Court, and Copy thereof, when demanded. Two Shillings and Eight Pence. For entering en the Minutes the Probate of a Will, qualifying Executors, mak- ing Certificate, recording the Will, and giving Copy thereof. Ten Shillings and Eight Pence, P'or granting Adminiftration, taking Bond, and all other Services thereon, Ten Shillings and Eight Pence. For all Services neccfiary to be done by the Clerk of the Court, towards procur- ing Letters of Admiaiftration or Letters Teftamentary, if he furnilhes the laid Let- ters including the Governor's, Secretary '.s, and private Secretary's Fees, Twenty Six Shilling-s and Eight Pence. For all Services in proving, recording, and filing an Inventory, Account of Sales, or Account Current, exhibited by an Executor, Adminiftrator, or Guardian, or for Search, Copy, and Certificate of the lame, if the Eflate be under One Hundred Pounds, One Shilling and Four Pence; if above One Hundred Pounds ValuCj Four Shillings. For every Marriage Licence and Bond, i.nd all the necelTary Services thereon. Five Shillings. For an Ordinary Licence and Bond, and aU the Services necelTary to be done thereon, Five Shillings. For Tavern Rates, Two Shillings and Six Pence. For fearching a Record out of Court, Eight Pence. For proving or entering Acknov/ledgment of a Conveyance of Land or other Eilate, and cercilying the lame, with the Order for Rcgiftration, and Examination of a Feme Covert, without Commifiion, Tv/o Shillings and Eight Pence. For a CommifTion to take the Examination of a Feme Covert, or WitnelTes in any Caufe depending in the Superior Court, the Return thereon, entering, and all other Services nectflary thereon, Three Shillings. For Guardian or other Bondo taken in Court, and for all necefTary Services there- on, every Fee relative thereto included. Eight Shillings. For Indentures for binding out Apprentices, making Order thereon, and for filing and recording the fame, including all Fees for every Service necelTary, Five Shil- lings and Four Pence. For a fpecial Vemra Facias in an Aclion of Ejeftment, or where the Bounds of Land fliall come in Qu-cftion, when the laid Writ Ihall be ifTued, Eight Shillings. For a fpecial Verdict, Demurrer or Motion in Arrell of Judgment, and Argii- ment thereon. Four Shillings. For Wiit of Error or A.ppeal, with a Tranicript of the Record, and all Services thereon. Ten Shillings. For making out Cerdlicates of WitnelTes or Jurymens Attendance, Eight Pence. For recording a Mark or Brand, and granting Certificates thereof, ii' required. One Shilling and Four Pence. III. AND he it further EnaHed, by the Authority of crefaid^ That all the Ser- c!e,:r, aiWed vices neccffiry to be done by the Clerks of the Superior and Inferior Courts within ")",„ i'\"\sI:->' this Province, for which Fees are not provided in this Ad, fhall be deemed and ' vc"pH i thf in! conftrued to be tx Officio Stvvkts, for which the Clerks fliall demand no Fee or •"'"'^°"'"- Reward whatever, except v/hat fliall be allowed luch Clerks by the Inferior Court of their refpeitive Counties for luch Services. IV. AND be it further Ena^ed^ by the Authority aforefaid^ Tliat it fhall and may ^ini" marifTi be lawful for the Clerks of the Superior or Inferior Courts, on the Fees not being I i i i paid for tlitir Fees, 53^ A. D. L A JV S of No R T H - C A R O L I JJ A. 1773. paid by the Party from whom they are due, to make out Execution, direcled to the '— ~-' Sheriff ot the County where the Party refides -, and the faid Sherili" Ihall levy the fame, in Virtue ot the (aid Execution, as in other Cafes ; and to the iaid Execution fhall be annexed a Copy of the Bill of Cofts of the Fees on which fuch Execution fhall iffue, wrote in Words at length, and without any Abreviation whatlotver -, and all Executions ifiuing without the Copy ot fuch Bill of Colls annexed, fhall be deemed illegal, and no Sheriff fhall ierve or execute the fame. When C nt nu ance r petfona':, in Pcfjcffio;:, Rcverficn, or Remainder, of the Fahie of the Debt or Debts with which 1 am charged in Execution ; and that I have not, directly or indirectly, fcld^ lejfened, or othertvife dtfpofed of in I'ruft, or concealed, all or any Part of my Lands, Mo- ney, Goods, Stocks, Debts, Securities, Contracts, or Eftate, whereby to Jccurc the fame, to feceive or expect any Profit cr Advantage thereof, or to defraud or deceive any Creditor or Creditors to whsm I am indebted';, in any- wife howfoever. SO HELP ME GOD. IV. 5 £ z7/^r/,3^r £;r.-:"f.','. That if fuch Prifoner take fuch Oath, and the Court o.th tabn, be convinced of the Truth thereof, the Schedule fo fublcribed being iiled with the ![^'L-'Z,r ^^ ^'' Clerk of the Court for the better Information of the Creditors of i'uch Prifoner cr Prifoners, then, and in that Cafe, it fliali and may be lawful for the Court before whom fuch Oath was taken, by Warrrant^ to command the Sherifi^!, Gaoler, or Keeper of any Prifon, forthwith to fet at Liberty fuch Prifoner ; w-hich Warrant fhall be a fuflicient Difcharge to fuch SheriiT, Gaoler, or Keeper, and fhall indem- nity him or them againlt any Efcape or Efcapes, or Aftion or A6ticns, wharfoe- ver, which fhall or may be brought, commenced or profecuted^ againO: him or them, by Reafon thereof ; and if any fuch Adion fliall be commenced againib any Sheriff or other OfRcer, for performing his Duty in Purfuance of this 7\cl:, fuch Sheriff or other Officer may plead the General llTue, and give this Ad in Evi- dence. V. AND be it further Enacted, by the Autcrity aforefaid. That all the Lands, n.btor, ti-.^,. Tenements and Hereditaments, which fnall be contained in fuch Schedule, icr '^^■^ \]^^'^- ' f^ fuch Ufe, Interefl:, Right, or Title, as fuch Prifoner or Prifoners then fhall have I'v t Irk of'Vu in the .^ame which he or fhe may lawfully depart wiihall, and alfq all Goods and ^"'""' Chatties whatfoever in fuch Schedule alfo contained, fliall be relied in the Sherift of the County wherein fuch Lands, Tenements, Hereditaments, Goods and Chat- ties, fhall lie, or be found ; and fuch Sheriff is hereby authorized, impowercd, and required, to fell at Public Vendue, and convey the fame to any Perfon or Perlons K k k k whatfoever, 54^ L A IV S of North-Carolina. -^^^^1773 • whatfoever for the beft Price that can be got for the fame, and the Monies arifing "^""^ by fuch Sale fliall be by fuch Sheriff or Officer, upon Oath, paid into the Hands of the Clerk of the Superior Court of the Di(l:ri(ft where fuch Prifoner fhall be con- fined, for the Ufes and Purpofes hereafter Oientioned ; faving to every fuch Prifon- er his or her neceffary Apparel and Utenfils of Trade. f,Trnf"' cirj" ^^^' ^^^ ^^ it further EnaHed, by the Authority aforefaid, T'hat the Judges of ,-rcr,duors"h'' the Superior Court Ihail appoint two Commiffioncrs, who fhall have full Power I'.n' iri ,!'"'' Z '^^ examine into the Claims of all and fingular the Creditors of the Perfon or Per- thcii tiMi. fons imprilbned, as well thofe at whofe Suit he was committed, as of all others i and the (aid CommifTioneis fjiall by Advertifcment, at the Court-Houfe of the Dif- tricl, or in iome Public News Paper or Gazette, make known the Time at which they propofe to examuie fuch Claims (which fhall be within Sixty Days after their being appointed) and upon fuch Creditors, their Executors or AdminiftratoiS, Agents or Attornies, appearing before them, and faiisfying them of the Juflice of their Claims, they Hiall proceed to make Diltribution amongfl each and every of the Creditors fo appearing in Propotion to their rcfpeftive Demands -, and tile Clerk of the fiid Court is hereby direded to pay fuch Monies fo received upon the Sale of fuch Infolvents Eilate into the Hands of the faid CommiiBoners, for the Purpofes aforefaid. Dh'-rsa'-c',.rg. yil. A N D he it furthsr Ena^ed, by the Authority aforefaid. That the Perfnn of D.uts. fuch Debtor fo difcharged fhall never be arrefled for the fame Debt, but the Ju'g- ment fhail be held to be fuliy fatisiied, and no Executi-^^in whatever Ihail by Virtue thereof iffue againft any Eltace v.'hleh the iaid Infovent Debtor or Debtors may af- terwards acquire. Prncc-MWiRs Vlil. AND be it further EnaHed. by the Authority aforrfaid. That whereas it )• (ii-ney of Grr.-/ Xn'.WK each, with Condition th't he will diligently and faithfully collect from the refpeCtive Shenfis, Receivers and Collectors of Duties, and other Perfons charged with Public Monies in his Dif- tridt, and well and truly account for and pay to the General AfTembly of this Pro- vince, v/nen thereto required, all Public Monies which he fhal! receive, and for tiie faithful and regular Dilcharge of the Duties of his faid Office -, which Bonds fnall be lodged in the Secretary's Office, and in Cafe of a Breach of the Condition ih.ereof, may be recovered in any Court oi: Law in tliis Province having Cognizance thereof. in. Al-l D beit further Enacled, by the Authority aforef aid. That the faid 'JVeafu- Ti.ir rcwer to rers, and each ot them, is and are hereby impowered, authorized, and required, to receive all Public Monies and Taxes payable in the fcvtral Counties within iheir refpeclive Diilridls ; and the Sheriff of each of the faid Counties, and other Collec- tv)rs and Receivers of Public Monies within any of the faid Cc.'Untie.'^, are hereby direfted and required, on or before the Tenth Day oi June yearly, to account with, upon O-ith, and pay into tiiC Hands of the Treafurer of his refpedivc Dilbift, all Public Monies which the faid Treafurers, or cither of them, are by Law impowwr- cd and required to receive. IV". AND be it further Ena^ed, by the Aiithmity aforefaid. That nil Colledors 00 cflvsoin,. or Receivers of Duiies lliall, on or before tlie 'leith l!)ay ot fnne yearly, account i'^''., J,' j'.'i?- '' for, on Oath, and pay to the Treafurer of the refptr'clive Dillridf, all fuch Sums of Money by them collcded and received in Virtue of'Hie feveral Ads of Alfembly of this Province. V. AND 542 L A JV S cj NoRT r-C a r o l i n a. A. D. 1773. V. AND he it further End5!edy hy the Authority af or ef aid ^ That an Allowance '-y"''/'-^ of Five per Cent. Ihall be made to the faid Treafurers on all Monies by them ref- kwance'" " pedivcly receivcd, accounted for, and paid into the General Afiembly as aforefaid. sii'nft *" itfs ^^- ^ND be it further Enacted, by the Authority aforefaid. That the Clerk of wHh ihe Trea- each County in this Province fhall, within Five Months after the Ratification of ^""•' this Aft, lodge with the Public Treafurer of his Diftrift wherein fuch Counties lie, all and every Bond now in his Poireffion, given by any prefent or former Sheriff of the fiiid County, for the well and truly coUeding, and duly accounting tor and paying, the Public Taxe.i of fuch County ; and the laid Clerk fhall alfo lodge with the faid Treafurer all fuch Bonds as ihall at any Time hereafter be entered into and given by any fucceeding Sheriff of his County for the PurpoCes aforefaid, within Three Months after the Time of executing fuch Bond or Bonds (the faid Clerk fiift nj recoTjt.icn, ^^^^^^y^^^ j-^^j,]^ g^nd Of Bonds at large aanong the Records of the Court) an attefted Copy thereof, under the Hand of the faid Clerk, in Cafe of the Lofs of the origi- nal Bond, and due Proof thereof made, Ifiall be as good and valid in any Court of Law in this Province, againft any fuch Sheriff and hii Securities, their, or any of their Heirs, Executors, or Adminiftrators, as if the original Bond was there to be produced ; and if any fuch Clerk fliall fail or neglect to record fuch Bond or Bonds, and lodge the fa;-ne with the Treafurer of his Dittrict within the Time before limit- ed, fuch Clerk ("hail be liable to a Sufpenfion from his Office, on due Proof thereof made to the Interior Court whereof he is Clerk-, and fuch Sheriff iliall pay to the Clerk the accuftomed Fees for recording the fame. sh'-rfT, not p,y- yjj^ AND be it further E;:a5ied, by the Authority aforefaid. That when any h>/Tr'ai!nrs Sheriff Oiall fall to make Payment of any Public Monies by him received, at the t^.. c,.,r,p.:i them, ximc by Lav/ appointed, or ihall otherwilc incur a Forfeiture of his Bond of Office, fjvJs,'"'"^'"" that then it may be lawful for the Treafurer in whofe Diftrict fuch Sheriff (hall be, and he is hereby directed, to ilfue a Scire Fncias againll fuch Sheriff and his Securi- ties ; and in Caie of the Death of the faid Sheriff or his Securities, againft the Exe- cutors and Adminiftrators ot fuch Sheriff or his Securities, which Scire Facias fhall be returnable to the Superior Court next fucceeding -, and the faid Sheriff and his Sjcuricie?, or their Executors or Admmiftrators, Ihall appear and plead, and the Micter (hall be tried at the Court to which fuch Procefs fhall be returnable -, and the Judges of the (aid Court fhall proceed to Judgment the Firft Court, as the Right of the Matter may be, and all Matters of Law relative thereto fhall be determined at the fame Court, any Law to the contrary notwithftanding : And in Cafe of Neg- lect or Failure of either, of the faid Treafurers to commence Suit againft, or other- v/ife profccute, any Sheriff or other Perfon, now in Anear to the Public, within the Time hereby limited and directed for commencing Suit againft fuch delinquent She- riff, and other Receivers of Public Monies, and their Securities -, that then, and in iuch Cafe, the faid Treafurer ihall be liable to, and ftand chargeable with, all Ar- rearages du-' to the Public from iuch Sheriff", and other Receivers of Public Monies, withi'i his rcfpective Diftrict. Te. furors to VlII. AN D be it further EnaHed, by the Authority aforefaid. That the Public ^l^t'\^'J^fi Treafurers in this Province ftiall keep, in well bound Books, to be provided for B..ks. ■ " th^^c Purpyfc at the Public Charge, true, faithful, and juft Accounts, with the fe- veral Counties of their rcfpective Diftricts, and therein debit the Sheriff for the Year with the Number of Taxables as by the Lift returned by the Clerk, and give fuch Sherifi Credit for all Inlblvents allowed by the Inferior Court agreeable to Law, and alio for the fcvcral Sums he ihall receive from ilich Sheriff-, and alfo keep an Ac- count of all the Monev by him received from Time to Tim.e, on the rcfpective Duties, Impohtions, and Taxes, by Virtue of any Aft or Ads of Affembly •, and alio of all fuch Sum and Sums of Money as he ftiall pay out of the Treafury, pur- fuant to any Adf or Refolutipn of the General Affembly-, which Accounts fhall be lb kept as the neat Produce of the ieveral and refpedive Duties, Impofitions, and Taxes, and the Money paid out of the Treafury tor every particular Service may appear Manner cf fla r. thtin. L yi ff S of N ORTH-C A ROL 1 ti A. 54 J appear feparate and diftinft frorti each Other ; v/hich Accounts, and all others rela- ^. />. 1773. tive to the Receipt and Difburfements of Public Moneies, Ihall at all limes be ^^- ^v -" ^ open for the Infpection and Peruial of the Governor, or Commander in Chief for the Time being ; and ihall by the Public Treafurer of each Diltrict, together with the Number ot Taxables for each County, be laid before the General AOembly, for their Examination, Approbation, and Allowance : And that the Governor, or Commander in Chief for the Time being, may be more readily informed of the State of Public Accounts, the Treafurer of each Diftrift fhall tranlmit to him fuch Tranfcripts or Information as he (hail from Time to Time require, IX. A ND be it further Enabled, by the Authority aforefaid, Thzi x\\\^ kO: "^zW Cntx«race of 1>e and continue in Force for and during the Term of Two Years, from and after •'''= ^a the paOing thereof, and from thence to the End of the then next Seffion of Affem- biy, and no longer. CHAP. VI. .^ Alfar imnexing'the North Part of Rowan to the County t;/ Surry, and the furiler ejinifijhing and erecting the Parijh oj Dobbs irao a jeparatc and i.iftin.! Parijlj. 1. T ^ T FI E R E A S the Inhabitants of the North Part of Rowan County labour p.c=mWei VV U'lJ^f great Inconveniences in attending the Courts, and other Public Meetings, at the Court-Floufeof the faid County; and as it would be much more ' convtNii.nt for them to attend Public Bufineis m the County of S'.'.rry, are dcfirous "of being annexed thereto : And as by an Ad, incituled. An Act Jor erectin^/ that Part of Rowaii County, called Wachovia, into a diftinct Parifh, the Trade of "Land form.riy in the County of i?otc;<3??, called and named PFacoxia^ belonging to the Unitas Fratrum. (or United Brethren) accoraing to the known Boundaries and Li- mits thereof, was erefted into a Pariih, diftinct and leparate from the Par;fli of St. Luke, in the faid County^ and calkd by the Name of the Parifh of Dobbs, and were intended to hold, ufe, and exercife, the lii' between the Counties of Rowan and Surry fhall begin at a Point in the Line divid- ^'"'""'* ing Rowan and Gicilford Counties, Thirty oix Miles North from the South Eafi Corner of Ro'u^an, thence running a due vVett Courfe to the Ridge dividing the Waters of the Taakin and Catawba Rivers, which J.,ine is to be parallel to Earl Granville's South Boundary Line (excepting where the Bounds of the Parifli of Bobbs interfere, which Parifh is hereby intended and declared to be included in Surry County) and by the faid dividing Ridge and the Mountains to the Virginia Line; and all that Part bounded to the Northward by the Line before delcribed to be marked, fhall be, and is hereby annexed to, and made Part of Surry County. III. AND be it further EnaBed, by the Authority aforcfaid. That that Part of w,irh.vu added /?6;wv?« County, and Parifh of Dc/'/{'j, which by the Divifion of i^ow^w ?,ViA Surry '"-''*'• Counties fell into Rowan County, be added to Surry County as aforefaid ; fo that all that original Trad of Land called Wachovia, or Dobbs Pariih, according to the known Bounds and Limits thereof, be made Part of Surry County, and be and re- main One intire Pariih as before, diflind: and feparate from the Parifh of St. Jude, L 1 1 1 and 54^ LAfi^Scf ^OKT H-C A R O L I N A. ^. D. 1773. and any other Parifli whatever, and be intitied to ufe, hold, and exercife the like •Lj— v~'" ■<• Authorities and Powers, and pofTefs and enjoy the lame Immunities, and other Prii: yileges, as other Parilhes m this Province, ''"vl'd'ufT 1'' ^^" PROVIDED always. That nothing pontained in this Adl fhall be con- viiJg=5." ^" ' ftrued to deprive the Parilhes of St. Luke and St. Jude of any of their Privileges, Powers, and Authorities, exclufive of the faid Parifli of Bobbs, as they have here- tofore enjoyed them ; any Thing contained in this, or any other Law, to the con- trary, notwichftanding. Not to hirrti-r V. PROVIDED alfoy That nothing herein contained fhall be intended to Sheriffs fronitur- binder any Sheriff or Colkftor of Public I'axes oi Rowan County, from collefting ^Mim.ig cr i ■ ^^ diftraining for any Taxes, or Arrears of Taxes, now due, and which he as She- riff, or Coliedtor of Public Taxes of Rowan, is or may be accountable for, from any Perfon or Perfons within the Bounds before mentioned and defcribed. VI, AND be it further Ena£fed, by tJpe Authority aforefaid. That Griffith Rutherford, Anthony Hampton., John Braby, Robert Lanier, and Chriflian Ruiter, Efquires, are on. hereby appointed Commiffioners to run the dividing Lines, agreeable to the Direc- tions of this Adt ; which faid Lines, when run by the Commiffioners, or a Majority of them, Ihall be by them entered upon Record in the Court of each of the faid Counties, and Ihall be hereafter deemed and taken to be the dividing Lines of the Counties of Rowan and Surry, and the Expence of running the laid Lines to be paid by the Inhabitants of Surry County, out of the County Tax, to the faid Commiffi- oners, Rcpsaiingcbufe VII. AND be it further Enabled, by the Authority aforefaid. That fo much of a former Aft of Affembly, intituled. An Act for dividing the Northern Tart of Rowan County, and erecting a nezv County aJid Parifh, by the Name of Surry County, and St. Judc'j Pariflj, as comes within the Purview of this Art, is Irom henceforth repealed and made void. f ! 1 — - ." '- -»- —————— ——T—T- " C H A P. VIL An Act for building a Gaol in Beaufort County. Pieanibie. I. TTTHEREAS the Gaol in Beaufort County was lately burnt ; c< imrn im. 'n ers n„,kc nttd ; the Di t) A" Of-mmim r-ra H. £ £ j} therefore Enacted, by the Governor, Council, and Affembly, and by thg Leading ihec/oK Authority of the fawe. That iVyriot Or mend, Wiiliam Brown, and Chrijlvpher Refpfs, are hereby appointed Commiffioners ; and they, or the Majority of them, are hereby authorized and impowered to agree and contracl with Workmen and others, to build and compleat the laid Gaol ; And in Order to enable them to defray the Cods and Expenccs thereof, a poll Tax of Two Shillings, Proclamation Money, is hereby impofed on each taxable Perlon v/ithin xhe faid County for one Year, and the She- riff of the faid County for the Time being is hereby impowered to colleft and receive the fame •, and the faid Sheriff is hereby required to account for the fame to the faid Commiffioners, or the Majority of them, under the fame Rules, Regulations, and Reftridions, as Sheriffs are liable to in collefiing and accounting for Public Taxes ; and the faid Commiffioners fo afting, are hereby direfted and required to account for, and fettle with the Jullices of the Inferior Court of the laid County ; and the Overplus, if any, after the Cofcs and Expences of building and compleating the faid Gaol, fliail be applied towards leffening the County Tax. CHAP. L A JV S of North-Carolika. s^s. CHAP. VIII. An Act to exonerate John Tagert and Francis Adams, late Sheriffs of Tryon County^ from being chargeable with the Collection of Taxes taken into South Carolina. I. T^rHEREAS the dividing Line extended between this Province 2 id South y Y Carolina, by Order oi his Majefty in Council, a Number of Inhabitants that before the Divifion aforefaid were lilted and deemed Taxables of Tryon County, in this Colony, are fince fallen into South Carolina, and refufe to pay their Taxes to this Government; and there being no Law to compell them to pay the fame, by which Means John Tagert and Francis Adaws, late Sheriffs of Tryon County, will become chargeable with thofe Taxes that they have not colledted irom the Perfons aforefaid for thefe feveral Years, to their great Injury and Hurt, unlcfs timely pre- vented : Preambls, II. B E it therefore Enacted, by the Governor, Council, and Affembly^ and by the sheriff-^ i-tUrz. Authority of the fame. That from and aiter the pafling of this Adt, the faid Sheriffs of ]l ^ZT^'"^-' Tryon County fhall not be chargeable with any Taxes due from thofe Perlons that "^ •were lifted and deemed Taxables of Tryon County aforeiaid, who fince the Divifion of the (aid Provinces have fallen into South Carolina, until a Law or iome Remeav be had for that Purpofe from the Province of South Carolina aforeiaid, to compeil them to piy the fame ; and the Court of Tryon County, at any Sefiions, are hereby dir refted and authorized to give Credit to the faid Sheriffs in their Settlement of County Taxes for fuch Taxables as have fallen into South Carolina fince the runnint^ the faid dividing Line, who have not paid the fame; a Certificate of which Settlement fiiall be by the Clerk of the faid Court tranfmitced to the Treafurer of the Diitrid, by which the faid Treafurer fhall, and is hereby bound to pafs the faid Sheriffs Public Accounts, any Law to the contrary notwithftanding. III. PROVIDED never thelefs. That nothing contained in this A 61 fhall be Not tn eremp: extended to excufe the faid Sheriffs from being chargeable with the Payment of fuch x^l^s'th!;'' hi'i!! Taxes which they have received irom fuch Taxable Perfons, now Inhabitants of r«dved. '^ South Carolina, before the running the faid Line, or which they fhall hereafter receive from faid Taxables, or from the Inhabitants of laid County ; but fhall bona fide ac- •count for, on Oath, before the Inferior Court oi Tryon County, and pay the fame; any Thing herein contained to the contrary notwithftanding. CHAP. IX. An Act for laying out and eflablifhing a Public Road from Charlotte Town^ in Mecklen- burg County, to Bladen Court-Houfe. I. w HER E A S a public Road from Charlotte Town, in Mecklenburg County, Preamble through the Counties of Mecklenburg and Anfon, to IlaU\ Ferry, on Drowning Creek, and from thence the neareft and moft convenient Way into Joh7i fion's Bluff Road, leading to Bladen Court-Houfe, would be of fingular Advantaoe to the Inhabi'tants of the faid Counties, and others, and would promote the Trade and Commerce of the faid Counties : II. B E it therefore Enacted, by the Governor, Council, and /tffembly, and by the Authority of the fame. That John Polk, Adam Alexander, Robert Barnet, John Cole, Charles Robinfon, William Terry, Jun. Neil McFall, Jofcph Ford, Jofepb Rigdn, James Pig^ot, and Thomas Robinfon, Jun. Efquires, be, and they are hereby ^ap- pointed Commiffloners, for laying out and eftablifiiing the faid Road; and they, or a Majority of them, are hereby authorized and direded, as loon as conveniently may be after the pafflng this Acf, to lay off, mark, or eftablifli, or caufe to be laid ■off, marked, or eft,4bliffneJ, a public Road from Charlotte Town, in Mecklenburg County, through the Counties of Mecklenburg and Anfon^ to /M's Ferry, on Dro-joninz Coxm'Cjnneri apDt) ntfd ((ir lay- out the Kosil, * 546 LAWS of North-Carolina. A. D. 1773. Drowning Creek, and from thence the neareft and moll convenient Way to John- w*-\ ' /o»'s Bluff Road, leading to Bladen Court-Houfe ; and the laid Lommiliioners, or a Majority of them, after having marked, ftaked, laid out, and tftablilhed the faid Road, Ihall, and are hereby impowered and dirtdUd, to make an accurate Plan thereof, and the fame to return, with an Account ot their Proceedings, to the next Inferior Court of Fleas and Quarter Seflions to be thereafter relpedivcly held for the Counties aforefaid ; and the Juftices of the faid Courts are hereby direcied to receive the fame, and are thereupon authorized and required to appoint lu many Overfeers or CommiOloners of the faid Road within their refpedive Lounties, as to them fnall from Time to Time appear convenient and neceilary ; and the laid Ovcricers, and the Inhabitants of the faid Counties refpedtivelyj fhall clear and work on the faid Road, in the fame IManner, and under the fame Rules and Regulations, and kibject to the like Penalties, as is prefcribed by an Act, intituled. An Act to mpwer the In- ferior Courts of the fever al Counties in this Province to order the laying out of Public Roads, and eflablifJj and fettle Ferries, and to appoint where Bridges fhall be built, Jo, the Uje and Eafe of the Inhabitants of this Province^ and to clear n.roigable Rivers cinu Cra/cs. ThcitAiioT^rance. III. AND be it further Ena^ed, by the Authority aforefaid. That the faid Com- milTioners fhall be allowed and paid lor their Trouble and Expcnces in marking, ftaking, and laymg out the faid Road, the Sum of Five Shillings each /tr Da), out of the County Tax oi their refpective Counties. Preambls. A£l continued. C H A P. X. An Act to continue an Act,, pdffeJ the Fifteenth Day of January, in the Tear of cur Lord One Thoufand Seven Hundred and Seventy One, intituled. An Act to ait^r the iv|ethud of working upon the Roads in the County therein mentioned. H E R E A S the before recited Act is near expiring, and is by Experience found to be of Utility to the County therein-mentioned. II. B E it therefore Enacts J, hy the Governor, Council, and AJfembly, and by tht Authority of the fame. That the before recited Act be, and is hereby continued for Three Years, and from thence to the End ot the next Seflion of AlTenibly. CHAP. XI. Preimblc. Vtn rtr making St.ps Bcrors the Rivers. Continosncc the Afl. An Act to prevent making Hedges acrofs Great Cotentney Creek^ little River of Pee Deej Rocky and Uahra River. I. TTTHEREASit h.atli been reprefented to this Aflembly that the frequent y y making of Hedges and Stops acrofs Great Cotentney Creek, little River of Pee Dee, Rocky River, and Uahra River, is not only deftrudtive of Filh, but hath rendered the Navigation of the faid Creek and Rivers difficult and dangerous 3 II. B E it Enacted, by the Governor, Council, and Affembly, and by the Authority of the fame. That from and after the pafling of this Adl, it Ihall not be lawful for any Perlon or Perfons whomfoever to make, ereft, or extend, any Hedge, Stop, or Dam, in or acrols Cotentney Creek, below Stephen Cobb' % Mill, Little River, below John Smith''^ Mill, Rocky River or Uahra River, i-n Anfon County, under the Penalty of Twenty Pounds, Proclamation Money ; to be recovered by Action of Debt, in any Court having Cognizance thereof, by any Perfon who fhall fue for the fame* III. AN D be it further EnaSled, by the Authority aforefaid. That this A&. fhall continue and be in Force for and during the Term of Five Years, and from thence to the End of the next Seffion of Affembly, and no longer. CHAP LAWS of N O R T H - C A R O L I N A. 51-7 Q H A F, XII. An Act to alter the Method of working upon the Public Roads in the County of New Hanover. J. D. ,773. L TT THERE AS the Power given to Overfeers by an Adl of Aflemblyj pafTed W in the Fifth Year of his Majtfty's Reign, inutulcd, An Act to im- pozver the Inferior Courts of the fever al Counties in this Province 10 order the laying out Pub- lic Roads ^ and eftahlifo and fettle Ferries, and to appoint^ zvhere Bridges Jloall be built, far the life and Eaje of the Inhabitants of this Province, and to char navigable Rivers and Creeks, hath been found inconvenient in the County of IStw Hanover, and not to anfwer the Purpofes thereby intended : . II. B E it Enacted, by the Governor, Council, and AJfemhly, and by the Authority of the fa,He, That the County of New Uanov-r be, and ,is hereby divided into the Four following DiilricU, and that Cornelius Ilaryiett^ George Merrick, IFilliam Purviance, William Wilkinfon, and Bifjop Dudley, Efquires, be Comniiffioners of the Roads for the South Diftricl of the faid County, lying between Cape Fear River and the Sea, bounded on the North by the County of Onflow, to the Weft by Cape Fear River 2nd Smith's Creek, fo as to include all th:;- Inhabitants v/ithin Two Miles Weft of the Road leading from Wilmington to BujW?, Swamp ; and that the Honourable John Rutherford 2iX\d, Lewis DeP^ofjett, Efquires, Alexander Lillington, Frederick Gregg, nnd Thomas bifher, Efquires, be Comm.ifTioners of the Roads for the North Eaft Diftrift of the faid County, bounded to the South by Smith's Creek, to the Weft by the North Eaft River, up the faid River to the Bounds of the County, and to include all the Inhabitants within Two Miles Weft of the high Road Icadin^r irom Wilmington to BufJjy's Swamp aforefaid ; and that the Honourable Samuel Strudwick, Efquire, Samuel Ajhe, George Moore, Frederick Jones, and William Rolinfon, Efquires, be CommifTioners of the Roads for the Rocky Point Diftrift, founded to the South and Eaft by the North Eaft River, to the Wtft, by Riley's Creek, and thence North- ward by a Line parrallel to the Public Road leading from Heron's Bridge to the Bounds of the County of Buplin -, and that Colonel James Mcore, John Colvin, John Devaun, John Macdough'nell, and John Larkin's, Efquires, be Comminioners of the Roads for Black River Diftridl, bounded to the Weft by the North Weft River, to the North by the Counties of Bladen and Buplin, and to the Eaft by Riley's Creek and the Weftern Bounds of P^ocky Point Diftrid, and to the South by Negro Head Point. III. AND be it further Enacted, by the' Auttority aforefaid. That in Cafe any Commiffioner appointed by this A£t refufe or negled to take upon him fuch Office, br (Kali die or rcriiove out of his Diftrift, the remaining or furviving Commiffioners of fuch Diftrid fiiall, and are hereby required, impowered, agd directed, to appoint another in his R.oom -, who fiiall have the fame Powei-, and fliall be liable to the fame Pains and Penalties, as the Co.mmiffioners have and are liable to who are ap- pointed under this Act. IV. AND he it further EnaHed, by the Authority aforefaid. That the before i-ecited Act, and every Claufe and Article thereof, fo far as it relates to the County of New Hanover, fhall be from henceforth repealed and made void : And the Com- mifTioners appointed by Virtue of this Act, are hereby veftcd Vv'ith all the Pov/trs and Authorities, and ftiall be filbject to the fame Rules, Regulations and Reftricti- ons. Pains and Penalties, as other CommifTioners of Roads are vefted with, or fub- ject to, by an Act of AfTembly, intituled, An A5i for impowering the fever vd Com- miffioners herein after named to nuike^ mend, and repair, all Roads, Bridges, Cuts, and Water Courfes, already laid out, '.or hereafter' to be laid out,, in the feveral Counties and DiftriSfs herein after appointed, in fuch Manner ai they judge mcft ufeftil to the Public; any Thing in the before recited^ Aft. to the contrary notwithftaading. Pi'camlle, Comml/Tinnsrj of the llojilj ap< poinced. NiimSfr of Com- miirioiKts kept up. Ref.ealir CommifTisncrs Povvct, M m rn m CHAP. 548 LAWS of North-Carolina. A. D. ^ni- Preamble, Miniftcr's Atten- iiancc regulaUd. CHAP. XIII. An A5i to regulate the Attendance of the Minifter of Chrift Church PcrifJo, at the Parifb Church in the 'Town Pin. for firing Cuns in Town» V/atchmen to be ai>pointed. Xt. AND whereas fUndry idle and diforderly Perfons, as well as Slaves, and Children under Age, do make a Praftice of firing Guns and Piftols within the faid Town ; Be it Enabled, by the Authority aforefaid. That if any fuch Perfon fliall for the future fire a Gun or Piftol within the laid Town, he fhall pay a Fine of Ten Shillings for each Offence, to be recovered as aforefaid ; if the Offender be under Age, the Parent or Mafter, or Guardian, fhall pay the faid Fine; and if a Slave, fhall, by Order of the next Magiftrate, be whipped, not exceeding Twenty Lafhes, \inlefs the Mafter of fvich Slave .fliall pay the faid Fine. XII. AND be it further EnaBed, by the Authority aforcfaid. That the Com- miffioners of tlie faid Town, or a Majority of them, are hereby impowered and re- quired to appoint Two or more Watchmen, whofe Duty fhall -be regulated by the Commiffjoners, L A tV S of North-Carolina. 5SS CommifTioners, and who fh all be paid out of the Monies arifing by Virtue of this ^- ^- 1773' Ad. Fines how reco- verei. XIII. AND be it further EnaSfed^ by the Authority aforefaid^ That all Fines and Forfeitures in this Ad, the Manner of Recovery and applying whereof not herein before direded, Ihall be recovered by Warrant, under the Hands of the Commiffioners for the Time being, or a Majority of them, direded to the Sheriff of Craven County, or to the Conltabie of the iaid Town, and be levied on the Bo- dy, or Goods and Chattels of the Offender, and be applied to the common Stock of the faid Town ; and be accounted for by the Commiffioners in Manner direded in and by the Laws heretofore paffed for the better Regulation of the faid Town. XIV. A N D be it further Ena^ed, by the /Authority aforefaid. That this Ad fhall Cwtinnaace of continue and be in Force lor and during the Term ot Three Years, and from thence to the End of the next Seffion of Affcmbly, and no longer. CHAP. XX, An A^ for laying out a Piiblic Road from Dan River, through the Counties 0/ Guilford, Chatham, ^«i Cumberland, /o Campbclton ; aiid for a Public Road from the Sh2i\- low Ford, in Surry County, to join the fame. I. TT 7 HERE AS a Public Road from Z)<3« River, through the Counties of P'wmbie. Y y Guilford, Chatham, and Cumberland, to Campbelton, would be of general Convenience and Advantage to the Inhabitants of the faid Counties, and others, and would have a Tendency greatly to promote the Trade and Commerce of that Fart of this Colony : II. B E it therefore Enacted, by the Governor, Council, and Affembly, and by the Cfimmifli-nerk Authority of the fame. That Samuel Henderfon, John Campbell, Robert Fields, Joab I'lTou't'the Rolal Brookes, and Henry Bray, be, and are hereby appointed Commiffioners, for laying out and eftibliOiing the laid Road ; and they, or a Majority of them, are hereby authorized and direded, as foon as convenient after the paffing of this Ad, to lay, mark, and ftake out, or eftablifh, or caufe to be hid, marked, and ftaked out, or eftablilhed, a Public Road from Dan River, beginning near the Middle Saivra Town, in the County of Guilford, thence through the laid County, Chatham and Cumberland Counties-, the neareft and bed Way to the Town of Campbelton ; and the laid Commiffioners, or a Majority of them, after having laid, marked, and ftaked out and eftablilhed the laid Road, fhall, and are hereby impowered and di- reded to make an accurate Plan thereof, and the fame to return, with an Account Cf th'-ir Proceedings, to the next Inferior Court of Pleas and Quarter Seffions to be thereafter refpedively held for the Counties aforefaid : And the Juftices of the faid 0"»-f''"» ap refpedive Courts are hereby direded to receive the fame; and are thereupon autho- rized and required to appoint fo many Overfeers of the faid Road, within their ref- pedive Counties, as to the faid Juftices fhall from Time to Time appear convenient and neccffary ; and the faid Overfeers, and the Inhabitants of the laid Counties ref- pedively, fhiU open, clear out, and work on the fame, under the fame Regulati- ons, and ihall be liable to the fame Fines and Penalties, prefcribed and inf^idtedon DelinqU^■nts by an Ad ot Affembly, intituled, /in Act to impower the Inferior Courts of the fever nl Counties in this Province to order the laying out of Public Roads, and efta- blifj and fettle Ferries, and to appoint where Bridges fijall be built, for the life and Eafe oj the Inhabitants of this Province, and to clear navigable Rivers and Creeks ; and the Commiffioners atbrefaid fhall be allowed and paid, for their Trouble in the above Service, the Sum of Five Shillings per Day, out of the Couhty Tax of faid Coun- ties. puinud. III. AND whereas the Method of laying out and working on the Roads in th^ County of Guilford^ under the Power and Diredions of Commiffioners, hath O o been iVTann'r of ivorfc- ing en :hi; Read* 556 LAWS of North-Carolina. A. D. 1773. been found burthenfome and inconvenient to the Inhabitants of the faid County-, \^rGMU^3.\. -^^ '^ EnatJed, by the Authority afore/aid^ That all the Roads of the faid County, tered. ' after the pafTing of this Ad, fhall be laid out, eftablifhed, and worked upon, agree- able to the Regulations and Diredions of the above recited A61 -, any Law to the contrary notwithftanding. Cnmmiflionersfor the Road from the Shallow Ford. IV. AND whereas a Public Road from the Shallow Ford, in the County of Surry, through the County of Rowan, to join the Road before- mentioned and de- fcribed, would be very convenient to the Inhabitants of Surry, and the North Part of Rowan County, for the above beneficial Purpofes ; Be it therefore Enabled, by the Authority aforejaid. That Philip Hozvard, Samuel Mofeby, and John Kimbrough, be appointed Commiffioners, who fhall, and are hereby required to lay out, mark, and ftake a Road, the nearefl and befl Way to the above mentioned and defcribed Road leading to Campbelton, and eflablifh the fame-, which faid Road fhall be under the fame Regulations, and the Overfeers and Inhabitants to work on the fame, and fub- jeft to the fame Penalties and Forfeitures, in the fame Manner as the Overfeers and Inhabitants of the firfl defcribed Road mentioned in this Aft, and the faid Commiffi- oners to be allowed for their Trouble as before mentioned. Preamble. CnmmilTionnsfor laying nut the Road altered. CHAP. XXL An Act to amend an Act, faffed at Newbern, in the Tear One Thoufand Seven Hundred and Seventy One, intituled. An Aft lor laying out a Public Road from the Fron- tiers of this Province, through the Counties of Mecklenburg, Anfon, and Cumber- land. I. "^ T T H E R E A S the Commiffioners appointed by an Aft of AfTembly, inti- y y tulcd. An Act for laying out a Public Road from the Frontiers of this Pro- vince, through the Counties of Mecklenburg, Anfon, Rowan, and Cumberland, to Campbelton, have neglected to perform the Services by the faid Act required of them : IF. BE it Enabled, by the Governor, Council, and AJfembly, and by the Authority of the fame. That fo much of the before recited Act, as appoints John Polk, JVilliaa Brooks, John Dunn, Michael Monroe, James Blythe, Archibald McAffcy, and James Pickett, Commidioners, be, and is hereby repealed : And that Wuliam Moore, Mat- thew Rayford, Griffith Rutherford, Francis Locke, and Farquard Campbell, Efqviires, be, and are hereby appointed Commiffioners in their Stead ; who are hereby charged with the fame Duties, vefled with the fame Powers and Authorities, and intitled to the fame Allowance, as the Commiffioners appointed by the before recited Aft were charged with, or intitled to ; any Thing in the faid Act to the contrary, notwith- flanding. Preamble. CHAP. XXII. An Act for ejiablijhing a 'Town on the Land of Ifaac Jones, lying on the North Wefi Branch of Cape Fear River, in Bladen County. I. T "¥ TH E R E A S it hath been reprefented to this AfTembly that the Land of VV V^^'^. Jo^e^y lying on the South Wefl Side of the North Wefl Branch of Cape Fear River, in Bladen County, is a healthy pleafant Situation, well watered, and commodious for Commerce, and fundry Perfons of Note are defirous that a Town Ihould be erected thereon, for promoting the Trade and Navigation of the faid River; and the faid Ifaac Jones having fignified his free Confent thereto, by a Certificate under his Hand and Seal, to have One Hundred Acres of the faid Land laid off for a Town : II. BE, L Ji H' S of N O 4i T H - C A R O L I 557 II. B E it therefore Enacted^ by the Governor, Council, and Affembly, and by the Authority of the fame. That the faid One Hundred Acres of Land, wlien the lame fhall be laid ofi' according to the Directions oi' this A6t, be, and the fame is hereby conltituted, erected, and eftablilhed a Fown, and Ihall be called by the Name of Elizabeth Town. III. AND be it further Enacted, by the Authority aforefaid. That from and Difpftors ap. after the pafling of this Aft, Walter Gibfon, IViHiam Salter, James While^ James ^""'"^* Bailey, and Benjainin Humphrey, Iil'quires, be, and they, and every of them, are hereby conilitu ted Direftors and Trultees, for defigning, building, and carrying on faid I'own, and they fhall ftand feized of an indetealible Eltate in Fee of the laid One Hundred Acres of Land, to and for the Ules, Intents, and Purpofes, hereby exprefled and declared •, and they, or any Three of them, fhall have iull Power and Authority to meet as often as they fh.ail think neceflary, and to appoii-it a Pub- lid Quay at iuch Place on the faid River tor a Public Laiiding, as to them fhall feern convenient, and to lay out Three Acres of the laid One Hundred for a Mar- ket Place, and other Public Buildings, and the Rcfidue thereof into Lots, Street?;, Lanes, and Alleys, or fo much of the lame as will make at lealt One ilundred and Twenty Lots, of Half an Acre each, and caufe a PI n thereof to be made, and therein to infert a Mark and Number to each Lot; and as loon as the faid Town fhall be laid off as aforelaid, they, and each of them, fiiall have Power to take Subfcriptions for the faid Lots of fuch Perlbns as are willing to iubicribe for them -, and when the faid Diredors have taken Subfcriptions tor Seventy Lots or up- Lots to be dra\7n wards, they fhall appoint a Day, and give Public Notice to the Subfcribers '^"'^ of the Day appointed for the drav/ing of the laid Lots, which fl:iali be done by Ballot, in a fair and open Manner, by the Direction, and in the Prefence of the Majority of the faid Diredors at leall ; and Iuch Sublcriber fhall be intitled to the Lot or Lots which fliall happen to be drawn for him, anu correfpond with the Mark or Number contained in the Plan for laid 1 own : And the laid Uiredors, or a Ma- jority of them, ffiall make and execute Deeds for granting and conveying the faid One Hundred and Twenty Lots to the Subfcribers, their Heirs and Aiiu-rns, for lever; and alfo to every other Perfon who Ihall purchale any other Lot or J.-cts in the faid Town, at the proper Colt and Charges oi the faid Grantee, to whom the faid Lot or Lots fhall be conveyed ; and every Perfon claiming any Lot or Lots by Virtue of any fuch Conveyance, Ihall and may hold and enjoy the fame in Fee- Simple. IV. PR VIDE D neverthelefs. That every Grantee of any Lot or Lots in the T(me of Uwt faid Town fo conveyed, Ihall within Three Years next after the Date of the Con- ^''"* veyance lor the fame, ere6t, build, and finilh, on each Lot fo conveyed, one well framed or Brick Houfe, Sixteen Feet fquare at the leafV, and Nine Feet Pitch in the Clear, or proportionable to Iuch Dimenfions, if fuch Grantee (hail have Two or more Lots contiguous ; and if the Owner of any Lot or Lots fhall fail to purfue or comply with the f^iredions in this Ad prefcribed for building and hnilhing a Houfe thereon, then fuch Lot or Lots, upon which fuch Houie Ihall not be built and fi- nifhed as aforefaid, fliall be revefttd in the faid Diredors ; and the faid Diredors, or a Majority of them, may, and are hereby impowered and authorized, to fell fuch Lot or Lots for the beft Price that can be had, to any Perfon applying for the fame, and grant and convey fuch Lot or Lots to fuch Perfon or Perlons, under the like Reguladons and Reflriftions, as the fame was or were formerly granted ; -.md the Money arifing from fuch Sales to be applied by the faid Diredors, or a Majority of them, for the Benefit and Improvement of the faid Town. V. AND be it further Ena-Jcd, by the Authority aforefaid. That each rcfpedive Price rf lm? to Sublcriber, who Ihall fuhfcribe for any Lot or Lots in the faid Town, Ihall within ^"Z^^;"^ '''" ^^- One Month after it fiiall be afcertained to whom each of the faid Lots doth belvsng, in Manner herein before mentioned, pay and fatisly to the faid Directors, or to One of them, the Sum of Forty Shillings, Proclamation Money, for each Lot by him _ . fubfcribed 558 L A fV S cf North-Carolina. ^. D. 1773. fubfcribed for j and in Cafe of the Refufal or Neglect of any Subfcriber to pay the '^^-V"""— ' faid Sum, the faid Directors (hall and may commence and proleciue a Suit in their own Names for the fame, and therein Ihall recover Judgment, with Cofts of Suit: And the faid Directors fliall, as loon as they receive the laid Money, pay and iatisfy the iaid IJaac Jones, his Heirs or Afligns, the Sum of Thirty Five ShiliingSj Pro- clamation Money, for each Lot, in full Satisfaction for the faid Land ; and the other Five Shillings fhall be applied towards detraying the Expence of laying off and improving the faid Town, as a Majority of the Directors fhall think proper; i-nt^ refewd to VI. PROVIDED mverthekfs. That the faid Ifaac Jones fhall have and keep the froprietor. ^^ j^j^ ^^^ u,^. f^jj ^zci Yard, Mill and Bark Houfcs, with fuch Lots as he fhall choofe adjoining them, not exceeding Four Lots, exclufive of the faid One Hundred Acres •, and that nothing in this Act contained fliail be conibued or extend to grant Power to the laid Direccors, or their Succellurs, or any other Freeholder of the laid Town, to keep a Public Ferry at the faid Landing, fo to be appointed by the faid Directors, in Prejudice to the Ferry of the iaid Ifaac Jones, now by Law eflablifhed : His Right to the ^x\d in Caf; it fhould hereafter be found neceflary to erect a Public or other Ferry ^"''^' at the faid Landing, the Right of keeping the fame fhall remain to the faid Ijaac Jones, his Heirs or AfTigns, until he or they fhall refufe to comply with the Terms by Law prelcnbed for erecting and keeping Public Ferries. Surceffi m of Di- VII. A N D for continuing the SuccefTion of the Directors until the faid Town ieaots kept up. ^^jj ^g incorporated, Be it further Enacted, by the Authority aforefaid. In Cafe of the Death, or Refufal to act, or Removal cut of the County of any ot the faid Directors, the jurviving or other Directors, or the major Part of them, fhall affemble, and are hereby impowered, from Time to Time, by Inftrument in Writing under their ref- pective Hands and Seals, to nominate fbme other Perfon, being a Freeholder ot faid Town, in the Place of him )o dying, refufing to act, or removing out of the County ; which new Director fo nominated and appointed, fhall from thenceforth have the like Power and Authority in all Things in the Matters herein contained, as it he had been exprefsly named and appointed in and by this Act. comm-ffiarifK VIII. AND be it further Enabled, by the Authority aforefaid. That nomas Hou'fc''&? ^'"" Ow^wj, James White, William McRee, Walter Gibfon, and William Salter, or the Ma- '' ' jority of them, be, and they are hereby appointed CommifTioners, and impowered and diredled to agree and contract with Workmen for building a Court- Houfe, and finifhing the Prifon and Work Houfe, on the Lot in the faid Town allotted and laid off for the PubHc Buildings, for the Ufe of the faid County of Bladen. T«u:jforit. IX. AND be it further Enabled, by the Authority aforefaid. That a Poll-Tax of One Shilling and Four Pence, Proclamation Money, be laid on each taxable Perfon of the faid County of Bladm, for Three Years, for building the faid Court- Houfe, and finifhing the Prifon and Work Houfe therein ; which faid Tax fhall be collected by the Sheriff of the County, and paid to the faid CommifTioners, at fuch Times, and in the fame Manner, as other Taxes are collected. C PI A P. XXIII. An Ai^ to impower the Executors of John McKildo, late Sheriff of Tyrrell Cctmty, to collet the Arrears of "Taxes due for the faid County in the 2'ears therein-mentioned. Preamble, I. T T 7 H E R E A S great Deficiencies have arifen in the Colleftion of the Taxes \ Y fo"" the County oi Tyrrell, for the Years One Thoufand Seven Hundred and Sixty Five and One Thoufand Seven Hundred and Sixty Six, whereby the Se- curities of the faid John McKildo are become liable to the Payment of large Sums to the Public ; II. BE LAWS of North-Carolina. 559 II. BE it therefore Enacted, by the Governor, Council, and /iffembly, and by the A. D. 1773 Authority of the fame. That from and after the pafling of this Adt, Roi?ert Lenox and Jofeph Hewes, Executors of the faid John McKildo, Ihall have full Power and Au- thority to receive and colled the Arrears of the Taxes due for the faid County of Tyrrell, as it ftood undivided at the Time when the faid John McKildo was Sheriff, for the Years One Thoufand Seven Hundred and Sixty Five and One Thoufand Seven Hundred and Sixty Six, in the fame Manner and Form as other Taxes are by Law to be collcdled. Exi tutors of th; Vitf. Sheiiffto re. ceii'e Arrears of Taxes. III. AND be it further Enabled, by the Authority aforefaid. That the faid Robert Lenox and Jofeph Reives do colled and receive fuch Arrears of Taxes, according to the Lift and Rates for each of the faid Years rei'pedively appointed. IV. TRO VI D E D neverihelefr. That if any Perfon, againft whom any Demand for fuch Arrears of Taxes Ihail be made, Ihall produce a Receipt or Receipts of his having paid the fame, or in Cafe of the Lois or miflaying ot fuch Receipt or Receipts, Ihall make Oath before any Juftice of the Peace, within Ten Days after fuch Demand made, of his having paid and difcharged the fame, or Part thereof, or that he was not at that Time a Taxable in the faid County, and obtain a Certifi- cate of the fame from fuch Juftice, fuch Perfon fhall be exonerated and dilcharoed from the faid Demand, either in Part or Whole, as the Cafe may be. V. , AND be it further Enaffed, by the Authority aforefaid. That the faid Colleftors (hall give One Month's Notice, by publicly advertifing the fame at the Court-Houfe and Chapels of the faid County, ot the Time and Place they will attend to receive fuch Arrears of Taxes ; and all Perfons paying the fame on or before the Time ap- pointed by fuch Notice, Ihall not be liable to pay any Coft or Charge : And if any Perfon or Perfons fhall fail to pay iuch Arrears of Taxes agreeable to this Ad, it fhall and may be lawtul for the faid CoUedors, or fuch Perfon or Perfons as they may appoint, to make Diftrefs for the fame, in the fame Manner as is by Law ap- pointed for Sheriffs to diftrain in other Cafes of the like Nature. To be reofivrrl according to Lifls, Provifo fnr Per. fona to difckaige thcinfclvei. Notice to be gi- vtji, (if Time < Pct fame. That there fhall be paid out of the Public Treafury of this Province to "'"^ ^'"'' ^'''• II. of the fa ^^ the Maker or M.kers of Pot and Pearl Alli, the following Bounties, to wit. For every Hundred Weight of good merchantable Pot Afh, the Sum of Eight Shillings, Proclamation Money, and for every Hundred Weight of good merchantable Pearl Afh, the Sum of Fifteen Shillings, Proclamation Mwiey, and fo in Proportion for a greater or lefs Qiiantity : But previous to fuch Penon or Perfons being intitled to fuch Premium or Bounty, he, fhe, or they, fhall produce to the Treafurer of the Diftrid in which fuch Pot or Pearl Afh was made, a Certificate, upon Oath, figned by him, her, or them, and atccfted by fome lawful Magiftrate of the Counfy in which fuch Pot or Pearl Afli was made, aOrertaining the Qiiantity and Quality of fuch Pot or Pearl Afh, the Place where the fame was made, and by whom ; and alfo a Certificate from the Naval Ofhcer and Colledor of the Port from whence fuch Pot )r Pearl Aflr fliall have been fliipped, certifying that the fame therein- men- tioned had been duly exported, the Time when, and the VefTel's Name in which P P P P li 560 A. D. 1773. LAWS of No rth-Carolina. It was fo {hipped -, and thereupon fuch Trcafurer Ihall pay to the Maker or Makers ot fuch Pot or Pearl Afh, or their Affigns, the aforefaid Bounties or Premiums, out of the Fund for Contingencies, and the fame Ihall be allowed him in his Ac- counts. Continuance the Aft. of III, AND be it further Ena5fed, by the Authority aforefaid. That this Ad fliall continue and be in Force for the Space of Three Years, from and after the pafiing thereof, and no longer. Preamble, Jofticstosppoint l''(Ocelliuiieri, , CHAP. XXV. An Acl to amend an Act, intituled. An Aft for fettling the Bounds of Lands. I. T ^7" H E R E A S the Method prefcribed by the before recited Aft for appoint- y y ing Proceffioners hath not anfwered the Ends thereby intended, and it being doubtlul whether Proceffioners appointed in Virtue of- the laid Aft have a Right to aft : II, BE it therefore Enacted, by the Governor, Council, and AJfembly, and by the Authority of the fame. That from and after the paffing hereof, the Juftices ol the fe- veral Inierior Courts within this Province may, and they are hereby impowered, to lay off and divide their refpcftive Counties into as many different Diftrifts as to them fhall appear neceffary, and to appoint Two or more able and intelligent Freeholders in each of the faid Diftrifts to proceflion the Land within the fame, in the fame Manner as in and by the before recited Aft is direfted ; and in Cafe of Negleft or Rclufal in the faid Juftices or Proceffioners, he or they fo offending, Ihall be lubjeft to the fame Penalties as by the faid Aft is inflifted ; any Thing therein contained to the contrary notwithftanding. their AUowan-e. HI. AND be it further Ena5led, by the Authority aforefaid. That the ProcefTi- oners aforefaid fliall be allowed for their Trouble in the above Service the Sum of Two Shillings and Six Pence for every Traft of Land by them fo proceffioned, to be paid by the Owner of the faid Land. Preamble. Tax U:J on the Town f r iep.)ir- ing Stieets, &c. CHAP. XXVI. An Act to amend an Act, intituled. An Aft for the Regulation of the Town of Hillf- borough. L H E R E A S by an Aft, intituled. An Act for the Regulation of the Town of Hillfoorough, the Method of working on, and repairing the Public Streets in the faid Tov/n, therein directed, hath been found inconvenient, and not to anfwer the Purpjfe thereby intended : For Rem.edy whereof, II. B E it Enacted, by the Governor, Council, and AJfembly, and by the Authority of the fame. That from and after the paffing of this Act, the Commiltioners ot the faid Town, or a Majority oi them, (hall, and they are hereby required, within Twenty Days after the Firft Tuejclay xt^^ay in every Year, to lay fuch Tax as they rr:ay judge neceffary, not exceeding Teflrehillings Proclamation Money, per Poll, on all the taxable Perfons in the feid Town ; which Tax fhail be collecttrd by Warrant under the Hands and Seals of the Commiffioners, or a Majority of them, directed to any Perfon they fhall appoint to collect the fame, returnable at fuch Time as fhall be therein-mentioned : Which faid Collector appointed as aforefaid, is hereby impower- ed to collect and make Diftrefs for the fame, in like Manner as the Sheriffs, or other Col'eccors of Public, County, or Parifh Taxes, are impowered by Law, and the Money arifing therefrom, after deducting Five per Cent. Comrniffions, fhall by him be paid into the Hands of the Commiffioners, or a Majority of them, to be by them applied LAWS of Nokth-Carolina. S^i applied and laid out in clearing and repairing the Public Streets, Lanes, and Alleys, ^' T)- 1773- and in any other Public Work they may judge neceflary for the Benefit of the laid k-*^*'-*«' Town. III. AND be it further Enui^ed^ hy the Authority aforefaid^ That the Inha-- inhabitants ^ t? bitants of the faid Town fhall, and they are hereby required to give in a Lift of all ^'" "^ ^ " ' the taxable Perfons in each of their refpeftive Families, on Oath, to fome one of the CommiiTioners aforefaid, between the Firft and Second 'Tuefdays in May in every Year, under the Penalty of Forty Shillings for every Neglett; to be recovered by- Warrant, under the Hands and Seals of the CommifTioners of the faid Town, or the Majority of them, to be applied to the Public Stock of the faid Town. IV. A ND be it further EnaSfed, That all Perfons refiding Three Months in ''•^'^w i?m'4 the laid Town, next before the Firft Tuefday in May in every Year, lliaU afterwards ■ ''•^'"^'•^" be fubjed to pay Taxes in the faid Town. V. AND be it further Enabled, by the Authority .aforefaid. That no Perfon fliall ^^^'l^^J^^'^ °^ after the pafllng of this A6t be obliged to work on the Streets or other Pubhc Places in the faid Town, or to pay any other Town Tax but fuch as is herein before n>en- tioned. VI. AND be it further Enacted, ly the Authority aforefaid^ That this Ad (hall be and continue in Force'for and during the Term of Three Years, and from tlience to the End of the next Seffion of Aflembly, and no longer. ,Conti,nuan« thu Aa. 0* CHAP. XXVII. An 'Act to amend an Act for appointing Commiffioners to build a Prifcn, Pillory, and Stocks, on the Lot whereon the Court-Houfe now ftands, in Duplin County. I. T T 7 H E R E A S the Truftees appointed in the before recited Aft have not y Y dilcharged the Truft repofed in them within the Time limited in the faid Ad: Piesmb!;. II. BE it therefore Enacted, by the Governor, Council, and AJfembly, and by the Authority of the fame, ThziMv. Thomas Qr ay, Mr. Thomas Hix, Mr. IVilli am Dixon, Mr. Richa*-d Clinton, and Mr. Ja^nes Sampfon, be, and they are hereby appointed Truftees, in the Room and Stead of thofe heretofore appointed ; and they, or the Majority of them, are hereby inverted with the fame Power and Authority, intitlc4 to the fame Privileges, and under the fame Rules and Reftrittions, as the Truftec? by the before recited Ad appointed. ill. AND whereas by the faiJ Ad the Truftees were impowered to demand and receive from the Sheriff" of the County a Sum of Money, not exceeding One Hundred and Twenty Pounds, to be by them applied to the Difcharge of their Contrads for the building and finifhing the fame, 'Part of which Money hath been by them received from the Sherifl', and remains in their Hands unappropriated •, Be it Ena^.ted, by the Authority aforefaid. That the Truftees by this Act appointed, or the Majority of them, Ihall be, and they are hereby inverted with full Power and Authority, to receive into their Hands for the Purpofe aforefaid, all Monies here- tofore received by the Truftees, or any of them, from the Sheriff of the faid County, In Virtue of the faid Ad, and alfo all Monies in the Hands of the faid Sheriff un- appropriated -, and in Cafe of Refufal or Negled, to proceed againft fuch Truftees and Sheriff by Motion, in the Superior Court for the Diftrict ; provided that Ten Days previous Notice of fuch Motion ftiall be given to the faid Truftees, or SherifT, as the Qale may be. appointejj. ct'wi all iVIoiijjf iipptopriatcii. i\/f the Gaol, &.C. IV. AND 562 LAWS Cj NORT H-C A R O L I N A. A. D. 1773. Tax laid for the Gaul. IV. A ND he it further Ena£ied, by the Authority aforefaid^ That in Cafe there Ihall not be a fufficient Sum of Money remaining in the Hands of the faid Truftees and Sheriff, that then it fhall and may be lawful for the Court of the faid County, and they are hereby directed and required, to lay fuch a Tax on the taxable Perfons in the faid County, as (hall be fufficient to anfwer the Purpofes aforefaid -, which faid Tax fhall be collected, accounted for, and paid by the Sheriff of the faid Coun- ty, to the Truftees herein named, in the fame Manner, and under the fame Rules and Reftrictions, and fubject to the fame Method of Recovery, as by this Act Is directed to be had in other Cafes, Picamblci Continuance the A£t. CHAP. XXVIIL An Act to continue an Act for the more fpeedy Recovery of all Debts and Demands under Five Pounds, Proclamation Money y within this Province, I. TTTHEREASan Act, intituled, An Act for the more fpeedy Recovery of all y Y Debts and Demands under Five Pounds , Proclamation Money, withn this Province, will expire at the End of this prefent Seffion of Affembly i and the fame being found ufeiul and convenient i II. B E it therefore Enacted, by the Governor, Council, and Affembly, and by the Authority of the fame. That the before recited Act (hall continue and be in Force during the Term of Six Months, from and after the paffing hereof, and from thence to the End of the next Seffion of Affembly, and no longer. Preamble. Deeds miy be re- pidered within 3 Y<:ars. Deeds rrgiftered, ihi' not whhiii 2 Year*, declar- ed guod. Preamble. CHAP. XXIX. An Act for the Relief of Perfons who have, or may fiffer, by their Deeds and mefne Con- veyances not being proved and regtjiered within the Time heretofore appointed by Law. ^- W THERE AS many Perfons, through Ignorance of the Law, have neglecC- Vy ed to have their Deeds and mefne Conveyance proved and regiftered ac- cording to the Directions of the feveral Acts of Affembly in fuch Cafe made and provided : For Remedy whereof, II. B E it Enacted, by the Governor, Council, and Affembly, and by the Authority of the fame. That all Deeds and mefne Conveyances of Lands, Tenements, and Hereditaments, not already regiftered, acknowledged, or proved, Ihall and may, within Two Years after the paffing of this Act, be acknowledged by the Grantor or Grantors, his or their Agents or Attornies, or proved by One or more of the fub- fcribing Witneffes to the fame, and tendered or delivered to the Regifters of the Counties where fuch Lands, Tenements, or Hereditaments, are refpectively fitu- ated : And all Deeds and mefne Conveyances whatfoever, which ftiall be acknow- ledged or proved according to the Directions of this Act, though not within Two Years after the Date of the refpective Conveyances, fliall be good and valid in Lav/, and fhall enure and take Effect as fully and effectually, to the Ufe and Behoof of the Grantees, their Heirs and Affigns, and thofe claiming under them, as if fuch Deeds and Conveyances were acknowledged or proved, and regiftered, agreeable to the Directions of any Act of Affembly heretofore made. C H A P. XXX. An Act for repairing the Gaol for the Diftrict of Halifax, //; the Town of Halifax. I. \I r H E R E A S the Public Gaol for the Diftrict of Halifax, in the Town of VV Halifax, for want of due repairing, is greatly decayed, and very inluffi- cient for confininrr Criminals and Debtors therein : W. BE I, ^ /^ 5 (?/ N OK TH -C A ROL I N A. 5^3 II. BE it therefore Enacted^ by the Governor^ Council and /Jfembly, and by the ^" ^- i77> Authority of the fame^ ThAtMontfort Eelbcck, John Eradjord^ Egbert I layzvoody So'o- c^Tm^iTmn^f r mon IViliiams, Benjamin McCidloch^ Allen Jones, William Perfon, ami IVilliain Clark^ rPtMitu.B ih2 be, and they are hereby appointed Commiirioners ; and they, or a Majority ot them, *^^" ' Ihall and may, and are hereby required, within Three Months after the paffing ot this Act, to agree and contract with Workmen to repair the fame in the belt and inoft fubftantial Manner, as to them, or a Majority of them, Ihall feem proper. III. AND be it Enabled, by the Authority afcrefaid. That a Poll Tax of On- t^.i^uiforu. Shilling fhall be levied on each taxable Perfon in the County of Halifa'x, and a Poll Tax ot Sixpence on each taxable Perfon in the Counties of Northamptcii, Edgcomby and Bute, lor one Year, that is to fay, the Year One Thoufand Seven Hundred and Seventy Three, to be collected and accounted for, and paid by the ShtrifTs of the faid Counties refp-.-ctively, in the fame Manner, and at the fame Times, as Public TuX;s are by Law directed to be collected and accounted for; and upon Failure of accounting tor and paying the fame to the CommilTioners, the faid Sheriff's ftall bs fubject to the fame Manner of Recovery, and under the fame Pains and Penalties, as Sheriffs are for not accounting for and paying Public Money •, which faid Tax fo coliectcd, fhall be paid to the CommiiTioners aforefaid, or a M-jority.of them, and by them fhall be applied toWards defraying the Exp(^h.ce, and paying, the Workmen for repairing the laid Gaol. ; IV. AND be it further Enabled, by the Authority aforefaid. That the Commif- ^;;'^,i";'^''J'7*^^^ funers, or a Majority of them, after the Repairs of the laid Gaol fhall be made-, iToccijinas. ihall render an Account of the Monies by them received' by Virtue of this Act, to- gether with their Difburfements, to each Inferior Court in the Uiilrict of Halifax -, -and the Overplus, if any, fhall be applied tov/ards the coniingent Charges ot the faid Counties. C H A P. XXXL i^n AB to continue the Tax impofed by an AB, intitule d'f-.T^^^K^ for bV/dding a Court- HOufe in the Town oi SaliJJmry, for the Diftrid of Salifbury. w H E R E A S the Tax impofed bf the befoire'Tecited Aft hath been found F'c:rr.i!c. infufficient to ahfwer the Ends thereby intended : II. B E it therefore Enacted, by the Governor, Council, and /Iffevribly, and kj thf: Tax contir-ici.' Authority of the fame. That the faid Tax be continued on, and coileded from thft ieveral taxable Perfons in the Counties therein- mentioned, tor the Year One Thcn- fand Seven Hundred and Seventy Four, ahd no longer ; ariy Thing therein contained ' to the contrary nctwithflanding. i-'r/; fj' '' III. AND be it further Enacted, by the Authority aforefaid. That an additt- A ,. CHAP. XXXII. An Act to dijfohe the Veflry of Unity Parifa, in Guilford Counfy. I. TT THERE AS by an Aft of AfTembly pafTtrd in Newkrn,, m the Year cf, PrcanibK VV ^^^ Lord One Thou! and Seven Hundred and Seventy One, the Free^ holders within the feveral Parifhes therein mentioned were impowered to elefl Ve,K tries for their refpe6live Parifhes •, and whereas undue Meafures were made Ufe cf in the late Ekftion of Veftrymen in the Parilh ol Unityy in Guilfcrd County : Q^q q q \l. B E 564 LAWS of NORT H-C A R O L I N A. ji. D. 1773. Veftry of Unity Parifli diflblved. II. B E it therefore EnaSltdy by the Governor^ Council^ and JJfembly, and by the Authority of the fame. That the faid Veftry of Unity Parifli be hereby diffolved and fet afide, as if never elefted j and that any Tax that is laid by the Veftry aforefaid on the taxable Perfons of the faid Parifli, (hall not be chargeable upon the faid Taxa- bles, or be demanded, taken, or coUeded by the Sheriff, or any other Perfon what- foever. Preamble. CnnnmtlTiin?rs fir bu.lding the Gaol. Ta» laid for it. CHAP. XXXIII. ^n Act for erecting a Public Gaol, and Gaoler's Houfe, in the Town of Wilmington, for the Difirict of Wilmington. I. TTTHEREASno Public Gaol hath been heretofore erefbed by Law for the y y Diftrifl of Wilmington, and it being neceflary that a Public Gaol, and Gaoler's Houfe, Ihould be ereded in the Town of Wilmington, for the faid Diftridt : II. B E it therefore Enacted, by the Governor, Council, and Ajfembly, and by the Authority of the fame. That Cornelius Harnett, John Ancrum, and Robert Hogg, Ef- quires, be, and are hereby appointed Truftees, for defigning, contrading, build- ing, and finifliing a good and fufficii^nt Gaol, and Gaoler's Houfe, of good Brick or Stone, at fome convenient Place in the faid Town, as to them, or the Majority of them, or their Survivors, fliall feem moft proper; which faid Gaol and GaolT's Houfe, when ^o erefted, fhall be, continue, and remain the Public Gaol, and Gaoler's Houfe, of the feveral Counties within the Diftrid of Wilmington aforefaid. III. AND be it further EnaSfed, by the Authority aforefaid. That there fhall be levied on each and every taxable Perfon within the leveral Counties in the faid Dif- trift, annually, for the Term of Two Years next after the palTing of this A 61:, the refpeftive Sums of iVIoney following, to wit. On each taxable Perlbn in the County of New Hanover, the Sum of Two Shillings, Proclamation Money ; and on each taxable Perlbn in the Counties oi Onflow, Bladen, Duplin, Cumberland, and Br unf- wick, the Sum of One Shilling, like Money •, v/hich faid Taxes fhall by the Sheriffs of the feveral and refpeftive Counties aforefaid, for the Time being, be colledted, at the fame Times, in the fame Manner, and under the fame Penalties for non- Pay- ment thereof, as is direfted by Law for collecting other Public Taxes : And the Money arifing therefrom fhall be accounted for and paid by the faid feveral Sheriffs to the Truftees, or the Majority of them, or their Survivors, as aforefaid, and fhall by them be applied towards dilcharging the Contract they fhall have entered into for erecting; the faid Buildings. ■• "-•'' ^ Pen nn Slieriffj negleft.ng to p.iy Tummiflnners to proceed immeJi ately. Surplufjge appro- priated. IV. AND be it further Ena^ed, by the Authority aforefaid. That if any Sheriff, who fhall be chargeable with any of the Taxes by this Act affeffed, fliall neglect to account for, and pay to the Truftees aforefaid, or the Majority of them, or their Survivors, fuch Sums as hefhall be chargeable with in Virtue of this Act, after deducting the ufual CommifTions for collecting, and fuch Infolvents as fliall be al- lowed for by the Court of his County, the laid Truftees, or the Majority of them, or their Survivors, fliall have the fame Method of proceeding againft fxich Sheriff, by Motion, as is by Law directed againft Sheriffs for not accounting for other Pub- lic Money by them received. V. AND be it further Enabled, by the Authority aforefaid. That the Truftees aforefaid, or the Majority of them, or their Survivors, fhall with all convenient Speed proceed to caufe the laid Buildings to be erefted and finiflied, and fliall im- mediately thereafter lay an Account of their Proceedings herein, upon Oath, of all. Monies they fhall receive and pay on Account of the faid Buildings, before the Ge- neral Affembly •, and the Surpluflage of the faid Tax, if any, fliall by them be paid to the Juftices oi the faid feveral Counties, in Proportion to the Number of Taxa- bles LAWS of North-Carolina. S^S bles in faid Counties refpectively, to be applied towards the contingent Charges of yl- D. the faid Counties, J773' VI. AND be it further EnaEled^ hy the Authority aforefaidy That the Lot of Ground in the Town of TFilmington whereon the County Gaol now ftands, together with all the Buildings thereon, are hereby veiled in the aforefaid Truftccs, or the Majority of them, or their Survivors, to be by them fold at Public Vendue, if they fhall judge it neceflary, who are hereby impowered to make a good and lufficient Title to the Purchafer or Purchafers for the fame -, and the Monies arifing thtrefrom to be by them applied towards purchafing another Lot or Lots in the laid Town, £ox erecdnff thereon a Public Gaol for the Diftrict alorcfaid. G-ol Lot to be VIL A ND le it further Ena5fed, hy the Authority aforefaid. That after the faid Gaol (hall be finillied, it fhall and may be lawful for the Magiftrates, or either of them, within the faid Diftrict, before whom any Offender fhall be examined, if he or they think it neceffary, to commit fuch Offender to the aforefaid Gaol : And the SheriiTof the County for the Time being, where fuch Offender fhall be apprehend- ed, is hereby authorized and required to convey fuch Offender to the faid Gaol,- and deliver him or them to the Sheriff or Keeper thereof, and take a Receipt of fuch Sheriff or Keeper, which fhall be his Difcharge for fuch Offender. VIII. AN D be it further Enacted, by the Authority aforefaid, That after the faid Buildings fhall be finifhed, the Sheriff of the County of Neiv Hanover, for the Time being, is hereby directed and required to employ Ibme Ferfon of Integrity to be Keeper of the faid Gaol; who fhall conftantly refide in the faid Gaoler's I-ioufe, and take all lawful Ways and Means for preventing the Efcapc of Prifoners. Off. ndrrc; to Se c Tnmiited tu the Gaol Kepper tO be appainttU. CHAP. XXXIV. An additional Act to an Act for erecting a Court -Houfe and Prifcn for ifx Ufe of the Lijlrict of Ecienton, I, TT7"HEREAS the feveral Funds appropriated by the before recited A6V, Preamble. w have been found inadequate to the Purpofes thereby intended Tax laid for the Court Huufc. Tniflccs to tpply II. B E it therefore Enacted, Iry the Governor, Council, and Affenihly, ar.d hy the Authority of the fame. That a Poll Tax of Two Shillings be levied on each taxable Perfon within the County of ChoiJoan, and of Eight Pence on each taxable Perfon within the Counties of Currituck, Pafciuotank, Perquimcns, Bertie, Tyrrell, and Hert- ford, to be collected for this and the two next fucceeding Years, by the Sheriff of the laid Counties refpectively,. and accounted for and paid to the Truftees and Di- rectors mentioned in the before recited Act, or to the Survivors of them, at the fame Time, in the fame Manner, and under the like Penalties, as by Law is directed for collecting, accounting for, and paying Public Taxes. III. A N D he it firther Enacted, hy the Authority aforefaid. That the faid Truf- tees and Directors fhall apply all iuch Monies as fliall come to their Hands in Vir- tue of this Act, to the Purpofes directed in the before recited Act; and fhall enter into Bond, in the Sum of Two Thoufand Pounds, payable to his Excellency the ■Governor, and to his Succeffor?, with Condition for the faithful Difcharge of the Truft in them rt-pofcd by this Act; and that they will from Time to Time, and at all Times when they fliall be called upon, lay a juft State of their Tranfadlions be- fore the Afiembly, or fuch Committee as fhall be appointed to fettle and adjuft the Public Accounts ; which Bond fhall be lodged with the Clerk of the Superior Court for the Diftriiil of Edentcn. IV. AND he it further Enabled, hy the Authority aforefaid. That if the Tax s.rpiuf.r ^f'^e arifing in Virtue of this Aft fhould be more than fufRcient to compleat the Build- T.x.ppiopzUuJ. ings 566 LAWS of North-Carolina. J. D. 1773. Criminals to be connmicted to the ings as mentioned in the before recited A<5t, the Surplus thereof fhall by the Truf= tees and Directors be paid to the Court of each County, in Proportion to the SuiH coUcfted from each of the faid Counties, and paid by the ijherifl to the laid Truhtes and Directors. V: AND he it further Ena5!ed, hy the Authority aforefaid^ That the faid Gaol when fini(hed, fhall be deemed the proper Prifon ior the Commitment and Confine- rhent of all Traitors, Felons, and other notorious Criminals, who fhall be appre- hended in any of the Counties conflituting the faid Dillridt ; and the Sheriff, Loro- ner, or other Officer, who fhall have luch Criminal in Cuftody, fhall have full Power and Authority to convey him to the faid Gaol, and deliver him to the SherifT of Chowan County, or to the Keeper of the faid Gaol, with the MittimuSy, or Paper containing the Caufe of fuch Commitment; which Sheriff, or Keeper of the laid Gaol, is liereby commanded and required to receive into the faid Gaol, all fuch Frifoners delivered to him as aforefaid, and fhall give to fuch Sheriff, Coroner, or other Officer, from whom he fhall receive fuch Priloner, a Receipt, acknowledging that he has received into his Cuftody luch Prifoner and Mittimus, or Paper contain- ing and letting forth the Caufe of his Commitment -, and fhall retain all Perfons committed in Virtue of this Aft in clofe Gaol, until they fhall be rcleafed by dud Courle of J^aw. Read three Times, and ratified ^ in open AfTembly, the Sixth > "D^y oi March, A. D. 1773.-^ JosiAH Martin, Efq; Governor. James Hafelly Prefident. John Harv^, Speaker. '0^02^^^0^0.'M^M*:0^0^^u^^0^0'^^^'P\ "0.''0^^0^^0^0j0M^0^M^^^0^^0M0Si Q •■:/'■■ A JL jTIl O JU TO THE LAWS of NORTH-CAROLINA. ACTIONS. ACT for Limitation of Aftions, Page. 4, Chap. 27. Limitation of Adions, p. 5, fee. 5. In Aftions of Slander, Damages under 40 s. Plaintiff to recover no more Cofts than Damages, fee. 8. Provifo for Perfons under Age, Feme Coverts, &c. fee. 9. Actions commenced in the late Inferior Courts for above 20 i. and under 50 1. may be tried in the Inferior Courts, p. 284, eh. 3. ACTS OF ASSEMBLY. Afl to repeal the Aft appointing Delivery Ports, p. 94, ch. 4. Afts repealed, p. 128, cb. 6. Things done in Virtue of repealed Afls, declared valid, fee. 5. ■Afts repealed, p. 182, fee. 5. ADMINISTRATION. Aft for granting Letters cf Adminiftration, p. 1 3, ch. 48. Letters of Adminiftration how granted, p. 14, fee. 3. No Perfon to ad-minifter till Letters granted, fee. 4. Secretary not to ifTue Letters till Executor or Adminiftra- tor fworn, and Bond given, fee. 5. Executors or Adminiftrators what Pare of the Deeeafed's Eftate to hold, and when to deliver it, p. 15, fee. 7. Adminiftration to v^hi^ granted, fee. 8. Money in th«.Hands of Executors, &:c. not recovered, how difpofcd of, and in what Time Creditors to make . their Claim, fee. 9. Executors or Adminiftrators Duty, p. 33, ch. 10. Deceafed Perfons Eftates may be fold to pay Debts, p. 34, fee. 3. APPEAL. Rightof Appeal from Juftices Judgments, p. 495, fee. 7. Juftice that tiies the Warrant not to fit on tne Appeal, p. 495, fee. 8. ASSEMBLY. Sic Burg:esses. Aft for paying the Members of General Affembly, and compelling their Attendance, p. 119, eh. 2. , Allowance to the Members, fee. i. 'penalty for abfenting themfelves, p. if.o, fee. 2. Penalty for abfenting after Appearance, fee. 3. A T T A C H M E N T. How granted by Juftices, p. 495, fee. 10. A T T O R N I E S. Aft to afcertain At-'ornies Fees, p. 456, ch. 5. Their Fees, and Pen. for taking others, fee. 2. What Fee Clerks may tax, p. 457, fee. 3. Penalty oh Attornies f^r Negket, fee. 4. After Suit, Clients may give Lawyers greater Compenfa- tion, fee. 5. BAIL. See Sheriffs, Deer, Tobacco. B A R i<. E L S. See Inspection. BASTARDS V/omen having Baftards, how dealt with, p. 69, fee. 10. Fathers cf Ealtards to be bound to Court, p. 70, fuc. 1 1. Penalty on V/cmen Cervanis having Btflard Children, Jet SSRVANTS AND SLAVES. BATH TOWN. See Burgesses. Aft for eftabliftiing Bath Town, p. 16, ch. 52. Bath Town Common confirmed, p. 43, ch. 7. Inhabitants of tUe Town exempt from working on th« Roads, p. 54, ch. 9. Aft for fencing the Town, p. 97, ch. ii. BILLS OF EXCHANGE. Aft for afcertaining Damage upon protefted Bills of Ex» change, p. 70, ch. 16. Protefted Bills what Inlereft to carry, fee. i. Iniereft for 18 Months only allowed till prefented, p. 71, fee. 2. 1 5 per Cent, allowed for Damages, with Colls of Proteft, fee. 3. Aftion for protefted Bills may be brought againft Drawer or Indorfer, or both, fee. 4. BOATS AND CANOES. Aft to prevent taking away Boats and Canoes, p. 6j, ch 13. Penalty for taking away Boats, &c. fee. 2. Aftion maintained for Damage, fee. 3. Penalty on Servants and Slaves taking them away, p. 6?, fee. 4. Not to extend to Perfons who prefs them by Authority, fee. 5. Penalty on Mafters of SlaVcs ordering them to take thezR away, fee. 6. • BOOK DEBTS. Aft for afcertaining the Method of proving Book Debtf^ p. 177, ch. 4. Manner of proving them, p. 17S, fee 2. VVhert Copy of Books may be proved, fee. 3. Defendant may eonteft Plaiptift''s Evidence, and Execu- tors or Adminiftrators Books to go againft each other, fee. 4. Limitation of proving Book Debts, fee. 5. What Debts may be proved by Plaintiff's Oath, fee. 6. One Book Debt to go againft another, p. 179, fee. 7. BRIDGES. Aft to encourage Michael Higgini tc build a Bridge ovet Trent River, p 130, ch. 5. Aft for building Peacock's Bridge, p. 140, ch. 11. Heron\ Bridge built, p. 368, ch. 28. Smith's Creek Bridge built, p. 148, ch. 9. Tar River Bridge built, p. 302, ch. 27. B R U N S W'l C K. See Elections, Churches, ToVNS. BURGESSES. See Assembly, Bath Town, and all other Towns, having 60 Families, to fend a Curgefs, p. 19, lee. 32. Newberti to fend a Burgcis, if lefs than 60 Families, fee. 33- Fur Elefticns of Burgrfles, fee Elections. BURGESS THOMAS. His Agreement with the Vclby ccnfiriiied, p. 242, ch. 7* His Salary incrtafed, p. -537, ch. 17. BURIAL S. Private Burials prevented, p. 13, ch 47. The TABLE. GARY THOMAS. Lahd fold by him confirmed, p. 21, ch. 65. CATTLE AND HOGS. See Toll Books. Stocks not to be driven on other Peoples Lands, p. u, fee. 4. S^bcfes not to be brought into the Province to winter, p. 12, fee. 5. Ranger to make Diftrefs of fuch Stocks, fee. 6. Proceedings on diftrained Stocks, p. 41, ch. 5, fee. 2. Penalty how recovered, fee. 3. Foreign Stocks found on Lands, deemed driven there, fee. 4. No Perfon to hunt, range, or kill Cattle on others Lands, p. 42, fee. 5. No Ranger to take up unmarked Cattle, Owner of the Land to claim them, fee. 6. Aft to prevent Healing Cattle and Hogs, p. 62, ch. 8, Pen. for Healing Cattle, or altering their Marks, fee. 2. Pen. for feeing the Criine committed, and not difcovering it, fee. 3. Manner of Cohviftion, fee. 4. Perfons killing Cattle in the Woods, how to proceed, p. 63, fee. 5. Marks to be recorded, and Cattle when to be marked, fee. 6. Perfons getting Cattle by Will, to brand them, fee. 7. The Aft to be read in Court, fee. 8. Strange Cattle going to any Pen, to be advertifed, fee. 9. Penalty on Slaves flealing Cattle, fee. 10. Penalty on Perfons driving Stocks on the Indian Lands, p. 121, fee. 8. Aft to prevent Inhabitants of South Carolina driving Stocks into this Province, p. 353, ch. 14. None but Inhabitants to range Stocks in the Province, fee. 2. Surplus Cattle to be removed, p. 354, fee. 3. Diftempered Cattle not to be removed, fee. 4, 5, Diftempers among them prevented, p. 355, fee. 6. CHANCERY. Governor a Party in any Chancery Suit, any four Coun- cillors to conftitute a Court, p. 3, ch. 22. Court of Chancery's Power over Orphans, p. 291, fee. 26. CHIEF JUSTICE. Aft for allowing Chief Jultice a Salary, p. 476, ch. 20. CHURCHES. Aft for building Brunfn.vick Church, p. 143, ch. 13. Edenton Church finiftied, by a Tax, p, 197, fee. 21. Wtltnington Church built, p. 141, ch. 12. Aft for finiftiing Wilmington Church, p. 204, ch. 4. Wilmington and BrunJ'ivuk Churches finilhed by Lottery, p. 258, ch. 8. Commiffioners for finilhing Wilmington Church, p. 466, ch. 13. CLERGY. See Marriages. Clergymen guilty of Crimes mentioned in the Aft for keeping the Lord's Day, liable to Punifhment, p. 70, fee. 13. Clergymens Duty oh Marriages, fee Marriages. Clergymen to read the Aft for keeping the Lord's Day holy, p. 70, fee. 12. Clergymen to perform Divine Service in Surplice or Gown, p. 308, fee. 22. Aft for eftabli(hing Orthodox Clergy, p. 338, ch. i. Minifters Salary, Fees for marrying, fee. 2. Gkbe and Manfion Houfe to be got, fee. 3. Buildings to be kept in Repair, fee. 4. Veftry may make Repairs, fee. 5. Miniller guilty of Immorality may be fufpended, fee. 6. Minifter fufpended, Pariih difcharged from Payment of his Salary, fee. 7. Minifters Salary when paid, fee. il. To preach wheie the Veftry appoint, fee. 12. Aft to amend the Clergy Aft, p. 433, ch. i. Minifter of Chrifi Church Pariih his Duty in Netubern regulated, p. 548, ch. 13. CLERKS. 5^^ Marriages, Fees, Law Suits. County Court Clerks to read the Aft for preventing the ftealing of Cattle and Hogs, in Court, p. 63, iee. 8. To read the Aft concerning Servants and Slaves, p. 87, fee. 57. . Clerks to tranfmit the Governor Account of Marriage Licences, p. 58, fee. 8. Penalty on them for taking unlawful Fees, fee Fees. To give Treafurers a Lift of Taxables, p. 253, fee. 15, p. 399, fee. 13. _ Method of proceeding with Clerks for Fees due the Go- vernor, p. 351, fee. 11. To tranfmit to the Governor Sheriffs Accounts, p. 405, fee. 34. Clerks Duty by the Aft foi* taxing Law Suits, fee that Title. Clerks to lodge Sheriffs Bonds with the Treafurers, .p. 542, fee. 6. COLLECTOR. 5'^^ Inspection, 'I'oeacco, Hides. Colleftors Fees, fee Fees. Colleftor not to Clear VefTels importing Liquors till Duty paid, p. 160, fee. 24. CONSTABLES. Aft to appoint Conftables, p. 59, ch. 5. How appointed, and their Oath, fee. 2. Their Power, fee. 3. Penalty for not qualifying, fee. 4. Perfons exempt from ferving as Conftable, fee. 5. Juftice to adminifter the Oath to them, fee. 6. Proceedings on their Death or Removal, and Penalty for refuling to ferve, fee. 7, 8. For Want of Conftable, Precept may be direfted to any Perfon, p. 61. fee. 9. Conftable exempt from Taxes, fee. 10, p. 83, fee. 37, Penalty for refuling to convey Runaways, p. 83, fee. 35, Conftables Fees for fummoning a Jury of Inqueft, J'tt Fees. His Fees for ferving Warrants, if^c. p. 494, fee. 6. COPARCENARY. See Lands. CORONERS. Coroners how appointed, p. 2, ch. 11. Coroners and Jurors Fees on Inquefts, fee Fees. Coroners impowered to take the PoH at Eieftions, in the A bfence of the Sheriff, p. 505, ch. 14. To ferve Procefs where no Sheriff, p. 399, fee. 14. COUNCILLORS. Councillors to take an Oath before they fit and aft, p. 3, ch. 22. COUNTIES. Precinfts called Counties, p. 47, ch. 3. Hyde County ^refted, p. 40, ch. 3. Bladen Precinft fettled, p: 46, ch: 8. Boundary between 5<'fl«/£>r/, Edgcomb, and Tj'nv// Coun- ties, fettled, p: 64, ch: 9, p: 113, ch: 5. Mattamvjkeet added to Hyde, p: 96, ch: 8. Anfon County erefted, p: 129, ch: 2. Duplin County erefted, p: 129, ch. 1, Part oi Nenv Harwver added to Duplin, p: 145, fee: 6. Edgcomb Precinft fettled, p: 61, ch: 7. Granville County erefted, p: 104, ch. 3. "Johnjion County erected, p: 103, ch: 2. Bertie Precinft erefted, p: 27, ch: 5. Onjlovo Precinft fettled, p: 46, ch: 8. Tyrrell Precinft fettled, p: 40, ch: 4. Counties and Towns re-eftabliftied, p: 181, ch: 9. Counties of .^owflw, Cumberland, and Orange, eftabliflied, p: 200, ch: 22. Part of Beaufort added to Cra-ven, p: 21 1, ch. 9. Dobbs County erefted, p: 223, ch: 12. Halifak County erefted, p: 2^4, ch: 13. Hertford County erefted, p: 233, ch: 4. Pitt County erefted, p: 255, ch: 3. Part of Johnfion added to Orange, p: 27 1, ch: 1 1. Part o( Blaiien added to Cumberland, p: 298, fee: 7, 8. Mccklenbu'g County erefted, p: 293, ch: 12. Brunfwick and Butt erefted, p: 319, ch: 14. The TABLE. Part ofBlaJift added to New Hanover, p. 182, ch. 10. Boundary between Doiis and Pitt, p: 325, ch: 17. Part oi Craven added to Dohbs, p: 326, ch: 19. 'Bonnd&zy hciton ?ind Hertford, p: 336, ch: •14. Part oi Northampton added to Bute, p: 430, ch: 25. Trjon County erected, p: 442, ch: lo. IVake County ere^ed, p: 476, ch: 22. Gidlford County erefted, p; 479, ch: 24. Chatham County ereded, p: 481, ch: 27. Boundary between ^owfl« zxid. Mecklenburg, p: 49 1, ch: 39- Surrf County erefted, p: 492, ch: 42. part o[ Rowan added to Surrj, p: 543", ch: 6. COURTS AND COURT-HOUSES. Acl for fertling Courts and Court-Houfes, p: 28, cli: 8. Ad for building Court-Houfes, Prifons, and Stocks, p: 73, ch: iS. Courts to build and keep them in P^epair, fee: 2. Courts to lay off Piifon Bounds, fee: 3. Prifoners within the Rules to give Bond, and Proceedings where they break them, p: 239, ch: 14. Neivbern Court-Houfe eredted. p. 269, ch. 8. Bertie Court-Houfe built, p: 90, ch: 7. Duplin Court-Houfe built, p: 144, ch: 14, p: 163, ch: II. County Courts to appoint Patrollers, fee Servants and _ Slaves- Oijlow Court-Houfe built, p: 174, ch: 12. Grange Court-H'jufe built, p: 164, ch: 12. P.fquotaiik CcurL-PJjufe built, p:«i97, ch: 17. Superior Court held at Halifax, p: 221, ch: 9. Edettion Gourt-Houfe ereded, p: 364, ch; 24, p: 565, ch: 34. Salrfbury Couit-Houfe built, p: 507, ch: 19, p: 563, cii: ^i, Trjon Court-Houfe builr, p: 465, ch: 11. Edgcemb Court Houfe ertcled, p: 323, ch: 16. Courts granting a Continuance of any Canfe, Party to pay down the Cofts, p: 474, fee: 5. Act for eftablifliing Superior and Inferior Courts, under a fufpending Claufe, p: 511, ch. i. Dohvs Court to try all Caufes commenced before the Di- vifion, p: 231, th: 2. CRIMINALS. See Gaols. Crinninals how examined and committed, p: 2, ch: 16. Criminals unable to pay Fees, to be borne by the Public, p: 3C0, fee. 6. DEBTORS. Aft to prevent the Exportation of Debtors, p: ji ch: 34. Mailers of Vefffls not to carry off Debtors, ox Servants or Slaves, p: 7, fee: I, p; 331, fee: l8. Bond how taken, fee: 2. To be fuc-d within two Years, fee: 3. Manner of obtaining Licence from Naval OiRcer to depart tht.- Province, fee: 4, Where Naval Officer liable, fee: 5. A'il for the Rtiief of Infolvent Debtors, p; 538, ch: 4. DEEDS and CONVEYANCES. Act to prevent fraudulent Deeds and Morcgages, p: S, ch: 33. Con\'cyances of Lands how made, fee. 5. Deeds for valirable Ccniiderations, and recorded, good, p. 9, fee. 6. Deeds for Lands in this Province made in foreign Parts, attefled and regiltered, good, fee. 7. Fraudulent Conveyances good only againft the Makers, •fee. 8. Penalty on Parties to fuch Deeds, fee. 9. Not to afred biyitafJf Purchafers, p. 10, /ec. 10. If more Murtgagej than one, thofe not regiltered may re- deem thcfe that have, and Pen. for making a fccond Mortgage Firll Mortgage regiftered, good, iec. 11,12. Willow if Mortgager not barred her Dower, fee. 13. Firft Mortgager not legiiierjng his Title before a fecond, to have no Advantage of his Purchafe, fee. 14. Perfons relieved who have not had their Deeds proved, p. 74, ch. 21, p. 179, ch. 6, p. 258, th. 6, p. 315, ch. 6, p. 344, chap. 4, p. 464, cti. 9, "11^562, en. ^9- . \ Deeds for Lands in feveral Counties and Towns declared good> p. 182, fee. 4. DEER. See Fire Hunting. Aft to prevent killing Deer at unfeafonable Times, p, 48, ch. 10. Penalty on Mailers whofe Servants or Slaves kill Deer by their Command, fee. 2. Penalty on Servants or Slaves killing Deer, fee. 3. Additional Aft to the Deer Aft, p. 92, ch. 3. Penalty for killing Deer, fee. 2, 3. Wha*t Perfons allowed to hunt, fee. 4, 5. Penalty for leaving the Caicaffes in the Woods, fee. 6; Aft to amend the Deer Aft, p. 446, ch. 13. What Perfons allowed to hunt, p. 447, fee. 2. Special Bail .to be given in Aftions.on this Aft, fee. 3, 4. 6. Provifo for Overfeers to hunt, fee. 5. Penalty for hunting on any Perfons Lands, fee. 8. DISTRESS. See Sheriffs. DUCKENFIELD, WILLIAM. Decree in Chancery exhibited by him confirmed, p. 23J ch. 6. DRUNKENNE S"S. See Sunday. E D E N T O N. See Courts and Court-Howses, Towns. ELECTIONS. Aft for regulating Eleftions, p. 247, ch. i. Method of taking the Poll, fee. 2. Whom deemed Freeholders, p. 248, fee. 3. None but Freeholders to vote, or fit in Aflcmbly, (ec. 4." Eleftors Oath, fee. 5. Eleftors to be fummoned to vote, and Penalty for voting not being qualified, fee. 6. Suit brought againft Eleftor, Onus Piobandi to lie on De- fendant, fee. 7. Pen. on Perfons giving Rewards before Eleftions, fee. 84 Sheriffs to give a Copy of the Poll, fee. 9. Members to take the Oaths of Government, fee. 10. Penalty on Sheriff taking Poll contrary to Law, fee. il, Eleftions for Towns how made, p. 250, fee. 12. Qualification of Voters for .2ra«/w/fi, fee. 13. Coroners impoweied to take the Poll at Eleftions, p. 50^, ch. 14. EVIDENCE. See Cattle and Hogs. Evidence to Deeds may be compelica to prove them, p« 1 80, fee. 4 Evidence on Trials before Jufllces may be fummoned^ and Penalty for Non-Attendance, p. 494, fee. 2, 3. •execution. See Fees, Sheriffs. Manner of felling Goods taken by Execution on Juftices Warrants, p. 494, fee. 5. Execution may be liayed, fee. 4. F E E S. Aft for regulating Officers Fees, p. 107, ch. 2, p. 503, ch. 12. Aft for regulating the Fees of the Clerks of the Superior • and Inferior Courts, p. 534, ch. 3, Rcgifters Fees for regillering a Commiffion for taking the Acknowledgment of a Feme Covert, p. 137, fee. 6. A6t to obviate Doubts concerning Fees due. in the Supe** rior Courts, p. 210, ch. 7. FEME COVERTS. See Lands. FENCES. Aft declaring fufficient Fences, p. 12, ch. 45. Perfons not having lawful Fences, doing Mifchief to Horfes, to pay for it, and TrefpafTes on lawful Fence? to be made' good, fee. 2. Unruly Horfes to be kept up, fee. 3. b The TABLE. Aft for amending tlic Fence Afl, p. 499, ch. 6. F E -R R I E S. See Roads. Servants and S'aves, p. 83, fee. 37. Wantland'i t'eny, in O/r/Uw, a Public Ferry, p. 175, fee. 4. Daiv/cr's Ferry eftabliflied, p. 209, ch. 6. Ferry Keepers to provide Entertainment for Travellys, p. 409, fee. 15. Fi^ee Ferry in Perquimans, p. 439, fee. 4, 5, 6, 7. Free Ferries in feveral Counties eftablilhed, p. 454, ch. 4- FINES AND FORFEITURES. See Acts c/ Assembly. FIRE HUNTING. Fire hunting prevented, p. 552, ch. 18. FIVE POUNDS ACT. AS for Juftices to try all Sums of 5 1. and under, p. 494, ch. 43. Aft continued, p. 562, ch. 28. .FISH. Deftrudlion of Fifli in Roanoke, and other Waters, pre- vented, p. 336, ch. 13, p. 476, ch. 21, p. 546, ch. ch. II. . FORNICATION. See Bastards. Penalty for committing it, p. 69, fee. 9, 10. FORT S. Fort Johnjion erefted, p. 94, ch. 6. Money granted for building Fort Granville, p. Ii^, fee. 2. ^For erefting Top/ail Inlet Fort, fee. 4. *For Bear Inlet, lee. 6. * For Fort Johnjion, fee. 8, Money appropriated to Fort Johnjion, p. 139, fee. 7, 8. Commiflioners for finifhing Forts Johnjion and Gran-ville, p. 206, ch. 2. William Diy, Efq; impowered to finifh '?oi\- Johnjion, p. 230, ch. 8. Fee to the Captain of Fort Johnjion from Mailers of Vef- fels, p. 350, fee. 28. Aft for vacating Titles to Lands for Fort Jcbnjlon, p. 431, ch. 27. G A- M I N G. _ Aft to prevent Card playing, and deceitful Gaming, p. 488, ch. 35. Deceitful Gaming prevented, fee. 2. Manner of Recovery of Monies loft at Gaming, p. 489, . fee. 3. Deeds or Mortgages, ^c. for any Thing won at Gaming, declared void, fee. 4. Penalty on diforderly Perfons loitering about Gaming, fee. 5, 6. No Judgment fet afide for Want of Form, fee. 7. GAOLS. Aft for building and repairing Halifax Gaol, p. 299, ch. 15, p. 316, ch. II, p. 562, ch. 30. Salijhury Gaol repaired, p. 318, ch. 12, Bute Gaol built, p. 366, ch. 26. Nenubern Gaol erefted, p. 422, ch. II, p. 484, ch. 31. Currituck Gaol built, p. 425, ch. 15. Salijbury Gael built, p. 427, ch. 21, p. 505, ch. 16. Duplin Gaol built, p. 450, ch. 16, p. 561, ch. 27. Hiltjborough Gael built, p. 509, ch. 21. Beaufort Gaol built, p. 544, ch. 7. GOVERNOR'S HOUSE. 5« Palace. GUARDIAN. 5^f Orphans. HEMP AND FLA X. Aft for encouraging the Culture of Hemp and Flax, p. 314, ch. 5. Bouniy on Hemp and Flax, fee. 2. Infpeftors Fee for weighing it, fee. 3. Att for eftablilhing Warehoufes in Halifax and Camphel- toti for Infpeftitm of Hemp and Flajw, p, 419, ch. JO. Warehoufes 10 be built, fee. 2. Jnf^eftors appointed, p. 420, fee. 3,. Duty of Infpeftors, and Manner of infpefting it, fee. 4. Pen. for counterfeiting Infpeftors Notes, p. 421, fee. c. Proceedings where they are loft, fee. 6. Where Warehoufes are burnt, fee. 7. Proceedings to be intitled to the Bounty, fee. 8. Aft for amending the Hemp and Flax Aft, p. 441, ch. Manner of prizing Hemp, and Fee to the Infpeftor, his Oath, fee. 2. Aft continued, p. 442, fee. 3. HIDES. Aft to prevent the Exportation of them, repealed, p. 168, ch. 14. Duty on Exportation, Mafter of Veflels Oath, and Pen. for Non-Payment ol Duty, p. 314, fee. 4. Penalty on Colleftor clearing Veflels contrary to this Aft, fee. 5. HORSES AND MARES, i"^? Fences. Aft to reftrain the keeping too great a Number, and for amending the Breed, p. 34, ch. 11. What Perlons may keep Stallions and Mares, fee. t, 3, 4° . No Stallion under Size to run at large. Penalty to the Taker up, and Manner of proceeding, p. 35, fee. 4, S. 6. Aft to amend the Aft, p: 442, eh: 9. HUNTING AND RANGING. See Deer. IDLE AND DISSOLUTE PERSONS. ^^«' Gaming, Vagrants. I ND I A N S. Aft for reftraintng the Indians from molefting white Peo- ple, and fecuring their Lands, p: 19, ch: 59. Bounds oi Mtherrin Indians Lands, fettled, p: 39, eh: 2. Bounds oi Ttijkarora Indians Lands fettled, p: 120, ch; 3. Aft for preferving Peace with them, repealed, p: 229, ch: 19. Indians taken in War, deemed Slaves, p; 245, fee: 13. Aft to confirm a Leafe made by the TuJ^arora Indians, to Robert Jones and others, p: 369, ch: 29. INDEMNITY. Aft of Indemnity, p: 501, eh: 10. INSPECTION. Commodities to be infpefted, Infpeftor appointed, to give Bond, and take an Oath, p: 457, ch: 7, fee: i. Courts Power over them, Proceedings in Calc of their Death, fee: 2. Places of Infpeftion, fee: 3. Infpeftor called to any Landing, fee: 4. Infpeftors for Towns to relide therein, fee: ^. Penalty on Matters of Veflels taking on Board uninfpefted Commodities, fee: 6. Penalty on Colleftors entering Veflels before Mafter takes an Oath. Penalty on him for clearing Veffcls without Infpeftors Certificate. Vefl"els may be fearched, fee: 7. Colleftors to give Certificate to Mafters of Vefl'els, fee: S. Infpeftors to attend and provide a Brand.- Penalty for Negleft of Duty, or branding unmerchantable Com- modities, or empty Barrels, or lending their Brand. Penalty for counterfeiting Infpeftors Brand, fee; 9. Guage and Quality of Beef and Pork Barrels, Quantity and Quality o\ Meat in them, to be branded, and Cer- tificate given the Owner, fee: 10. Commodities after lying 60 Days to be re-infpeftcd. Pen. for Ihipping them otherwife, fee: 11. Guage of Pitch and Turpentine Barrels. Fraudulent Pitch forfeited. Guage of Tar Barrels, fee: 12. ' Makers of Tar to brand their Barrels. Infpeftors to keep • a Book for Commodities. His Fee for branding Ma- kers Barrels, fee: 13. - Tar to be re-infpefted after lying 20 Days, fee: 14. Water in Tar not a fraudulent Mixture, fee: 15. Barrels to be made agreeable to Law, and Coopers to brand them, and record their Brand, fee: 16. Exporter of Commodities to produce Infpeftors CeruS^ cace w Mafters of Veflels, fet; 17. The TABLE. Warchoufes may be rented, or built. Infpeaors to find Labourers and Scales, fee: 1 8, Indico paid for Taxes to be infpeaed, and Manner of proceeding, fee: 19, 20, 21, 22, 23. Penalty for councerleiting Infpedors Notes, exporting Commodities with forged Brands, or packing in brand- ed Barrels, fee: 24. Proceedings where Inlpedtors Notes are loft, fee: 25. Pimenfions of Lumber. Marked too much, forfeited. Quality of Lumber and Deer Skins, fee: 26. Not to be infpeded unlefs required, fee: 27. Lumber i'nfpeCted agreeable to the Englijh Adl of Parlia- mentj fee: 28. On any Diipute, neareft Infpeftor to be called, fee. 29. Penalty on Infpeftor taking Fee for giving up his Ofiice, fee: 30. ,. . . No Perlbn holding Poft of Profit to be Infpeftor. Infpec- tor incapable ol fitting in AlTumbly, fee: 31. Infpeftors Fees, fee: 32. Tobacco Warehoufes may be eredled by County Courts, ^": 33- Courts to regulate the Infpedion of Commodities not mentioned in this Aft, and Penalty on the Infpettor , neglecling fuch Regulation, fee: 34. Recovery and Application of Fines and Forfeitures, fee: 'iS- INSPECTORS. See Tobacco. Infpector appointed for the Great IJland, p: 426, ch: 16. I N r A I L S. See Lands. Act for docking the Intail of //ar^/'wj' y^aw's Lands, p: 213, ch: 13. Act tor docking Bla\e Bakers Lands, p: 272, ch: 15. Intailed Lands hew docked, p: 125, ch: 4. INTESTATES ESTATES. How dirtributed, p: 343, ch: 3. JURORS. Act for appointing Jurymen, p: 548, ch: 14. Jurors appointed, fee: 2. No Perfon to ferve two Courts, or where he has a Suit, fee: 3. Jurors for the feveral Counties, and Penalty for Non-At- tcndance, fee: 4. By-Standers may be fummoned, and Time of their At- tendance, fee: 5. Fines how levied, p: 549, fee: 6. Jurors when to be fummoned, fee: 7, Mauner of drawing them, fee: 8. Provifo for Challenges, fee: 9. Jurcrs Allowance, fee: 10, 11. Surveyors may be appointed to run cut difputed Lands, p: 550, fee: 12, 13. jurors frr the Inferior Courts, fee: 14. Their Attendance inforced, fee: 15. Exempt from Procefs during Attei;dance, fee: 16. JUSTICES OF THE PEACE. The feveral Duties and Powers of Juftices will be found under the feveral Laws that create their Power, and enjoin any Duty. One Jullice may try all Debts not exceeding 403. and two to try all above 40 s. and not exceeding 5 1. p: 494, ch: 43. LANDS. See Ik tails. Deer, Jurors, Indians. Seven Years peaceable Pofleliion of Lands a good Title, p: 4, ch: 27. Claim to be made with feven Years, fee: 3. Perfons under Age, Feme Coverts, l2c. may claim with- in three Years after Difiliility removed, fee: 4. Feme Coverts how to pafs Lands, p: 6, ch: 28. Not to cut cfFIntails, fee: 3. Act for fettling the 'j|j^es and Bounds of Lands, p: 30, ch: 4. Manner of proceflioning Lands, fee: i, 2, 3. Penalty on Perfons concerned in prcctflioning, p: 31, fee: 4. Perfons refufing to have their Lands furveyed. Court to order it, fee. 5. Perfons whofe Lands twice proceffioned, deemed Owners, p. 32, fee. 6. Not to bar Ferae Coverts, ISc fee. 7. Manner of lapfing Orphans Lands, lee. 8. Adt for putting m Execution proceflioning Aclj p. 43, ch. 6. Feme Coverts how to pafs Lands, p. 135, ch, 3. . Proceedings where the Feme lives in anotlier Country, p* 136, fee. 3. Form of the Commifllon, fee. 4. Purchafers fecured, fee. 5. Foreign Proteltants dying feized of Lands, declared na- turalized, p. 316, fee. 3. Aft to relieve Perfons who have purchafed Lands by Ex- ecution, and have got no Titles, p. 440, ch. 6. Att for obtaining Partitions of Lands in Coparcenary, pi 486, ch. 34. Att for prelerving Titles to Lands, p. 491, ch. 40. Adl to amend the proceflioning Act, p. 360, ch. 25. LAW BOOKS. County Courts to provide Law Bucks, p. 130, ch. 4. LAW SUITS. Law Suits taxed, p. 537, fee. 10, 11, 12. Clerks to account for the Tax, iec. 1 1. Where no Recovery, Tax to be returned, fee. T2. Clerks to tranfmit to the Ailembly, Copies of Accounti fettled with the I'reafurers, fee. 13. To give Bond for colJeduig tlie Tax, fee. 14. LEGACIES. Legacies and filial Portions how recovered, p. 34, fee. 4^ p. 290, fee. 23. L I Q_U O R S. Duty on Liquors, p. 15S, fee. 15 to 29. Duty on Liquors importca into Neufe River, p. 360, fee. 9- L O R D's DAY. See Sunday. MAIMING AND WOUNDING. Malicious maiming and wounding declared Feiony, p» 169, ch. 15. MARRIAGES. A^ concerning Marriages, p. 56, ch. i. No Jullice to marry when Minilter in the Parllb, fee. 2. Pen. on Miniller or JulHce marrying without Licence or Banns, and on Minilter going out of the Province to marry Perfons in this Province, fee. 3. Banns how publilhed, i^c. p. 57, fee. 4, 5. Manner of ilRiing Licences, lee. 6. Penalty for publiihing Banns between Servants, and on Servants marrying without Leave, fee. 7. Clerks to give Account of Licences to the Governor, p, 58, fee. 8. Marriage Fees, fee. g. Penalty for refufing to marry for lawful Fees, fee. 10. Penalty for refufing to publilh Banns, fee II. Minilter to have the Fees for marrying, fee. 12. Penalty on white Perfons marrying with Negroes, ah^on Miniller marrying them, fee. 13, 14. Fines how recovered, p. 59, fee. 15. Ati to amend the Marriage Act, p. 350, ch. 9. Marriages by diflenting Clergy declared good, kc. 2. Penalty for marrying without Licence or Banns, kc. 3. Governor's Fee, p. 351, fee. 5. Licence to be in the County where the Feme refides. Clerks F'ee, fee. 6. Pnjljterian Clergy to celebrate Marriages, fee. 7. 8. 9. Miniller of the Parilb to have the Fee, unlefs he refmcs to do die Service, fee. 10, Marriage Fees, p. 3-!9, fee. 2. Att for illuing Marriage Licences, p. 483, ch. 28. M A T T A M U 6 K E E T. See Counties. Mc K I L D O, J O fl N, His Executors impowexed to lective Arrears of Taxes, p. 558, ch. 2j. c The TABLE. MILITIA. Aa for appojnting a Militia, p. 434, ch. 3. Militia whom to confift of, and Penalty lor not appearing, 435, fee. 2. . Time /or Abfentees to make their Excufe to appeal to the Court Martial, fee. 3. Perfons exempt from muttering, and Penalty Oil Overfeers appearing, fee. 4, 5" Perfons exempt from Fines, p. 436, fee. 6. Clerks to be chofen, fee. 7. Invafions, Militia to be raifed, bff. fee. 8, 9. Pay, when in Service, p. 437, fee. lo. When to muller, fee. 11. Officers to be refident in the County, fee. 12. Penalty on Soldiers refilling their Officers, fee. 13. Troop of Horfe may be raifed, fee. 14. Troopers Accoutrements, p. 438, fee. 15. General Mufters when, fee. 16. Court Martial may be called, and Perfons to account with them, fee. 17, 18. _ Penalty on OiRcers not appearing at Court Martials, and Captains to return Lills of Fines, fee. 19. Captains to get a Copy of the Militia Aft, fee. 20. Militia exempt from Procefs on Mufter Days, fee. 21, 22. Captain to adminifter an Oath, fee. 23. Aft for amending Militia Aft, p. 455, ch, 4. •TVi-^kerj not to muller, fee. 2. To ferve on Infurreftions, p. 456, fee. 3, 4. Not exempt without a Teilimonial, fee. 5. Fathers, Mailers, tifc. liable for the Fines of their Chil- dren and Servants, fee. 6. Not liable to muller till an Inhabitant fix Months, fee. 7. MILLS. Aft for the Encouragement of building Mills, p. 219, ch. 5. Mills grinding for Toll Public Mills, and none to be built but by Order of Court, fee. 2. Manner of obtaining Order, fee. 3, 4. No Mill to overflow another, fee. 5. Time of beginning and finiHiing Mills, fee. 6. Provifo for Feme Coverts, &(. fee. 7. Appeal granted, p. 220, fee. 8. PeVfons who have built Mills on former Laws, fetured, fee. 9. Owners of Mills injured by building others, may have their Aftion, fee. 10. Millers to grind according to Turn, and what Tell to take, fee. 11. Provifo for Owners to grind their own Grain, fee. 12. "What Meafures to keep, fee. 13. MONEY. Aft for emitting 21,3501. p. 114, ch. 10. Where the Species of Money in any Fine or Forfeiture is not mentioned, declared Proclamation Money, p. 128, ch. 6. Aft for emitting 40,0001. p, 155, ch. 1. Method of recovering Public Monies from Perfons having it in their Hands, p. 403, fee. 27, 28, 29, 30. Aft for emitting 12,000 I. p. 244, ch. i. Aft for emitting 20,oool. p. 264, ch. i. Aft for emitting zo.oool. Debentures, p. 451, ch. 2T. Aft for emitting 6o,ogo1. Debentures, p. 496, ch. 1. NAVAL OFFICER. See Debtors, Weights and Measures, Fees. NAVIGATION. 5.^ Pilotage. .Aft for amending Neiu River Ka^'igaiion, p. 266, ch. 4. Aft for facilitating Navigation, p. 345, ch. 8. Aft t'ci amending the Aft, d. 423, en. 12, p. 480, ch. 26. Aft for joining OIJ T'cffail Navigation to Clubfoot^ Creek, p. 365, ch. 25. KEWBERN. J^'f Burgesses, Clergy, Towns, CcvRTS and Court-Housss, OATHS. Oaths to be taken by feveral Officers and others, will be found under the feveral Titles to which they belong. O C C A C O C K. See Navigvtion. Occacock Ifland annexed to Carteret, p. 470, fee. 18 ORDINARIES. Aft for regulating Ordinary Keepers, p. 407, ch. 8. Manner of obtaining Licences, and giving Bond, fee. 2, 3' 4- , Penalty for keeping Tippling Houfes, p. 408, fee. 5. Provifo for Merchants, fee. 6. Penalty for felling by unfealed Meafures, fee. 7. Provifo to fell in Bottles, fee. 8. Penalty for fuffering Drunkennefs on the Sabbath, or felling Liquors 10 Servants, iJc. p. 409, fee. 9, 10. Penalty for Idling Liquor after Sufpenfion, fee. 11. Courts to rate Liquors, and Rates to be fet up, fee. 12. Penalty for felling for more than the Rates, lee. 13. Not to fell to S.-iilors, or others, on Credit for more than 5I. fee. 14. To fet up Signs at their Doors, fee. 16. No Ordinal y to be kept on Eaglet Ifland, within a Mile of the Ferry, p. 34.1, fee. 4. ORPHANS. Aft for the Care of Orphans, p. 285, ch. 5. Fathers to difpofe of their Children, except to Quakers or Popifi) Recufants, fee. 2. Provilb tor Quakers, fee. 3. Provifo not to dlfcharge Apprentices, and to remev* Guardians abufing their Trull, p. 286, fee. 4. Courts Power over Orphans, fee. 5, 6. Guardian Bonds how given, fee. 7, 8. Duty of Guardians, and Courts Powtr over them, fee. 9, 10, II, 12, 13, 14. Orphans Court held. Guardians tb exhibit their Accounts. Abufes prevented, fee. 15. Court to enquire into Abules, fee. 16. Grand Jury to give an Account of Orphans, and Abufei of their filiates, fee. 17. Guardians Allowance to be fuitable to the Degree of the Orphan. Tkeir Ellates fmall, to be bound out, fee: 18, 19. Manner of binding them out, p. 289, fee. 20. Security to be taken of Guardians, lee. 21, 22. Court of Chancery's Power over them, fee. 26. OVERSEERS. See Servants and Slaves. PALACE. Aft for erefting Governor's Houfe, p. 342, ch. 2, p. 394, ch. 5. Lots veiled in the Governor, and annexed to the Palace, p. 391, ch. 4. PARISHES. See Vagrants. Southnveft Parifh oi Ckov:an appointed, p. 27, ch. 7. Northivejl Parilh oi Bertie appointed, p. 37, ch. 7. Agreement with the Rcv'. James Reed ?.r\d. Chrifi Church Parilh, confirmed, p. 169, ch. 16. Parilh q{ Dobbs, in Wachovia, erefled, p. 175, ch. 13. St. Patrick's Parilh, in Jobnjion, divided, p. 198, ch, 20. Parifhes of 5/. Peter and St. John, in Pafquotauk, confo- lidated, p. 200, ch. 23. Parilh of St. Marfs, in Edgcomh, erefted, p. 201, ch, 24. Parifh of Gj-^^y-D/V/^ erefted, p. 225, ch. 14. Parilh of St. George, in Northampton, erefted, p. 227, ch. 15. Parilh of Korthtveft added to Sx. George, p. 234, fee. 5. Aft for amending ihe Aft for dividing the Parifh cl St. John, in Granville, p. 271, ch. 10. St. Gabriel's Parifli, in Duplin, to fell the Glebe, p. 498, ch. 3. St. John's Parifh, in Pa/guotani, impowered to elcft a Vellry, p. 498, ch. 4. Several Parifhes impowered to cleft Vellrie% p. joo, ch. 7, The TABLE. Pan(hofZ)e^^jfeparatePan(h, p: 543, fee: 3. Veftry of t//«Vv Parifh diffolved, p: 563, ch: 32. PATENTS. Validity of Patents granted by Lords Proprietors Deputies declared good, p: 180, fee: 6. PESTILENTIAL DISTEMPERS. See Quarentine. PETERSON, JOHANNA* Impowered to fell certain Lands, p: 20, ch: 64. P I L O T A (i E. See Navigation. Aft for regulating Cape Fear Pilotage, p: 328, ch: 6. AH to amend the Adt, p: 363, ch: 23. Aft to further amend the Aft, p: 502, ch. 1 1. POOR. See Vagrants. P O P E, J O H N. Aft to relieve him, p: 230, ch: 20. POTASH. Aft for granting a Bounty on Pot and Pearl Alb, p: 559, ch: 24. PRINTER. Aft appointing a Printer, p: 352, ch: 13. Aft continued, p: 464, ch: 8. PRISON BOUNDS. See Courts ^Court-Houses. Rules of Neiv HuHo-ver Prifon Bounds, p: 352, ch: lo. PROVOST MARSHAL. Office of Provoll Marfhal ceafed, p: 47, ch: 3. PROMISSORY NOTES. Aft for Recovery c;f Monies due on them, p: 291, ch: 9. Q^U A K E R S. See Militia, Orphans. Q_U A R E N T I N E. Pcftilential Diftempers prevented, by Veflels performing Quarentine, p: 330, fee: 13, 14, 15, 16, 17, p: 481, fee: 5. RANGERS. See Cattle and Hogs, Strays, Tolls Books. . . RECORDS. Perfons relieved by the Lofs of Records in Onjioiv, p: 151, ch: 4. Perfons fuffering by the Lofs oi Bladen Records relieved, p: 467, ch: 15. REGISTERS. See Deeds and Convsyances, Fees. Public Regifters appointed, p: 8, ch: 38. Methocl of appointing them, fee: 2, 3, 4. Regifter to rcgifter Births, i^c. where no Pariih Clerk, p: 10, fee: 15. • , _ ROADS. Aft to impower thelnfeiior Courts to lay out Roads, and ' fettle Ferries, p: 310, ch: 3. Roads and Ferries eltablilhed, fee: i. Delinquents on Roads to account, fee: 2. Roads how laid out, p: 311, fee: 3. No Ferry within ten Miles of another, and Penalty for • tranfponing over fuch Ferry, fee: 4. Penalty on Ferry Keepers not keeping them well attend- ed, fee: 5. Manner of making Roads and Bridges, fee: 6. Courts to make Bridges where inconvenient to Overfeers, fee: 7. Contrafts of Juftices for Bridge? to bind their Succeflbrs, fcr: 8. t)i'erfeers appointed, p: 312, fee: 9. Overfeers not exempt from working, fee: 10. Taxables to have Notice, fee: u. Penalty on Overfeers fuffering Roads to be out Repair, fee: 12. Ferrjmen to keep their Ferries well Tltendcd, and Penal- ty (or detaining Perfons at them, fee: 13. Overfeers appointed to clear Rivers a*id Ctccks, fee: 14. To put up Direftirn FofU. fee: 16. To meafure and Mile mark Roads, fee: 17. Roads through £i7^/<'j Ifland, p: 334, eh: 11. Two Roads cut trum Eagles llland, p: 340, ch: 2. Road through Mecklenburg, Anjon, Rowan, and Bladen, to Wilmington, p: 429, ch: 24, p: 556, ch: zi. Overfeers of Roads to clesr Rivers and Creeks, p; 47 i^ ch: 18. Roads, Method of working on them in feveral Counties altered, p: 497, ch: 2. Road through the Frontiers to Campbelton, p: 510, ch: Road from Charlotte Town to Bladen Court-IIoufe, p: 545, ch: 9. Aft to continue the Brunfwick Road Aft, p: 546, ch: 10. Method of working on Ne-iv Hano-ver Roads, p: 547, ch: 12. Road from Dan River to Campbelton, p: 555, ch: 20. RUNAWAYS. See Servants a:.a Slaves. SCHOOLS. Aft for incorporating the School in Ne-wbern, p: 359, ch: 10. School Houfe Lots in Nevjbern faved, p: 552, ch: 17. School Houfe in Edenton eftabliftied, p: 478, ch: 23. SERVANTS AND SLAVES. See Deer, Cattle and Hogs, Boats and Canoes. No Slave to hunt en any Land but his Mailers, except ia Company with a whice Man ; and diforderly Perfons found in their Company, may be whipped, p: 42, fec< 7- ,. . . Slaves travelling in the Night, or found in Kitchens, may be whipped, fee 8. Proviio, to fend blaves on Bufinefs with a Pafs, fee: 9. Aft concerning Servants and Slaves, p: 75, eh: 24. No Cliriltian imported to be a Servant, unlefs by Inden- ture ; and Dihcrence between Perfons importing them, fettled by the County Court, lee: i. Penalty on runaway Servants, p: 76, fee: 2. Difobedient Servants punifhed, fee: 3. Mailers to provide them Neceffaries, and not to whip them naked, fee: 4. Proceedings on their Complaints againll their Mailers, fee: 5, 6, 7. To be heard on their Complaints for their Freedom Dues, p: 77, fee: 8. Penally on Mailers difcharging fick Servants, fee: 9. Penalty for bringing Sickneli on themfelves, p: ■j^, fee: 10. Penalty on them for making falle Complaints, fee. 11. To ferve double Time they are in Gaol for their Otlen- ces, fee: 12. Where iree Perfons are puniflied by Fine, Servants to be whipped, fee: 13. Penalty ior trading with Servantt or Slaves, fee: 14, 15. Penalty on Servants embezzling their Mailer's GooUs, L: 79, fee: 16. Penalty on Women Servants having Bafiards, fee; 17, iS- . . Penalty on Tradefmcn imported on Wages, not iinder- llanding their Trades, ice: 20, 21. Servants Freedom Dues, p: 80, fee: 22. Penalty on Perfons importing and felling ?,ny free Perfon as a Slave, and Proceedings in the Matter, fee: 23, 24. Penalty on Perfons tempting Servants- or Slaves from their Mailer's Service, fee: 25. Penalty on Overfeers leaving their Employment, p: 81, fee: z6. Penalty on Perfons carrying Slaves out of the Province, fee: 27. Rewards fcr taking up runaway Servants or Slaves, and how paid, fee: 28. Runaway Slave not telling his Matter's Name, to be com- mitted to Gaol, and Proceedings thereon, p; 82, Lc. 29' 30. 3'. 32, 33- Protccuings with runaway Servants or Slaves, p: 83, fee; 34. },S' l^> il-, Feiry keepers to give immediate Paffage to Conftable* charged with Runaways, fee: 37. Ga.'lci's Fees for Runaways, p: 84, fee: 38. Runaways fup^olcd to belong tu other v^pverRtnorfto, d The TABLE. Gaoler to fend thither Defcrjptions of them, fee. 39. Slaves not to go armed, fee. 40. One on a Plantation excepted; to carry a Certificate, fee. 41, 42, Slaves not to go off the Piantation without Leave, nor to raife Stock, p. 85, fee. 43, 44. Runaway Slaves may be outla.vtd, and if killed, to be paid for, fee. 45, 46. Ccnlpiracy of three or more Felony, fee. 47. Manner of trying Slaves, fee. 48 to 53. Slaves killed, to be paid for, fee. 54, 55. Slaves not to be fet liee, but for meritorious Services, fee. 56. An adtluional A6i to an AQ, concerning Servants and Slaves, p. 152, ch. 6. No Slave to hunt with Gun, unlefs their Owners are Se- curity for ilum, iec. 2. Nor to carry u Gun at all on Plantations where no Crop is tendtd. Pu:alty on the Mailer of fuch Slave, fee. 3. Searchers to be appointtd, their Oath, Dutj, and Privi- leges, fee. 4, 5, 6, 7. Penalty on Slaves hunting with Dogs, p. 153, fee. 8. In what Cafes outlawed or convitled Slaves to be paid for, fee. 9. Slaves not lawfully fed, committing Robberies, injured Perfon may fue their Mailers for Trefpafs, fee. 10. Mailers permitting their Slaves to hire themfelves, not to be paid for them, ihould they be punilhcd for any Crime, p. 221, cli. 7, ftc. 2. Pcrfons knowingly buying Slaves tranfported here for Crimes committed abroad, not allowed for them, if punilhed lor Crimes here, fee. 3. Sections of Servant and Slave Aft repealed, p. 332, ch. 8. Allowance for executed Slaves, fee. 3, SHERIFFS. See Servants a/i^ Slaves, Taxes, Deer, Vestries, Treasurers, Aft for appointing Sheriffs, p. 396, ch. 6. Manner ol appointing them, fee. 2. None to ferve more than two Years, unlefs they accOiitit, and Penalty for reccmmending them, fee. 3. Not compelled to ferve more than cne Year. His Oath. To give Bond, fee. 4, 5. To give Bond, and Penalty for lefufmg to nft, fee. 6, 7, 8. Members of Council exempt frrm fcrving, fee. 9. Tsxes recovered from Shenffs, fee. 10. In Suits againft them, Treafurers may-give Lifls of Tax- abks in Evidence, fee. 11. Settlements with Courts may be given in Evidence, fee. 12. Clerks to give Treafurers Lifls of Taxables, fee. 13. Penalty for neglefting to execute Prccefs, or iraking falfe Return. Manner of ferving it. Ccrcntr to aft v^heje no Sheriff, fee. 14. Perfcns exempt frcm Procefs, and not to be ferved en Sunday, fee. 15. His Duty en Executions, fee. 16. Bail how taken. His Fee for Public Serviccf, fee. 17. Unlifted I'axablts to he accounted for, fee. i8. Taxes difiraintd for, fee. 19. Sheriff removed, his Power of collcfting Tfxes, fee. 20, 21. Unrcaforable Difirefs prevented, fee. 22. Proceedings whtie Piik r.cis ekape, fee. 23. Remedy againll Si.tnhs Icr Mcnies received by Precepts, or where they lufitr Ek:,jes, lee. 24. Method of Recovery where Shtiift or FhaniifT die, fee. Method of turning Priftners <\er, f c. 26. Method cf Recovery of Mcnies l.om Ijcafurers, ard ctherr, Ice. 27, 28, 29, 30. Sheriff to deliver their Cclii.'. Hated Atccer.ts ol Tnxrs, fee. 32. Clerks to tranfmit tr Gcveirrr fuch /.ccci:ris, fee. ia. No r.Icmberof Afumbly tc ;.ft .',i t.hti;ft, ftc 55. " Further Time allowed for fettling Shciiffi Account', p.' 441, fee. 3. Where no Sheriff, Governor may appoint Collcftcrs cf Taxes, p. 441, lee. 4. Slieiiffs removing ihtmklves before finifhing their Collec- tions, their Stcurities may colleft, p. 457, ch. 6. Sherills not paying public Mcnies, Trealuitrs may ccin- pcll them, p. 542, fee. 7. S 1' R A Y S. y\a to prevent Abufes in taking up dray Ilorfts, p. 448^ ch. 14. Method 10 be taken with ftray Horfes, fee. 2. Strays may be ufed, fee. 3. Method alter Appraiiment,- fee 4w' Where they die, fee. 5. Penalty on Perfons taking up Strays, fee. 6. Provifo for carrying them to the Owner, fee. 7. Proceedings with Strays taken up within tiiree Years, fee. 9. Rangers Book rhay be fearched, fee. 10. To advertile their Appointment, lee. 11. Aft to amend the Stray Aft, p. 499, ch; 6. SUNDAY. Aft for the better Obfervation of the Lord's Day, p. 6S, ch. 14. Penalty for Working on Sunday, fee. 2. Penalty for Iwearing, fee. 3, 4. Penalty for getting drunk, lee. 5. Jullices to hear Offences againlt this Aft, fee. 6, 7. Fines how paid, fee. 8. TAXES AND TAXAi,i.ES. Free Negroes and Mulattoes deemea Taxables at twelve Years cf Age, p. 32, ch. 5. White Pcifjiii iiitcrmairying vvith them, Taxables, p. 33, fee. 3. Aft lor obtaining Lift cf Taxables, p. 250, ch. 2. Perfcns deeiTjed '1 axablej, fee. 2. Method el tiikirg Lills cl laxables, .'ec. 3, 4, 5, 6, 7, 8. Penalty for c6ncealing Taxables, fee. $. Perions when deemea Taxables. Guardians to pay ftr their Wards, fee. 10. Single Perfcns hew lilted, fee. 1 1. Idle Perfcns compelled to pay, fee. 12, 13. Pen en Jullices neglefting to retum iherr Lifts, fee. 14- Clerks to make cut Lills, fee. 15, i6. Sherills tc give Bend, lee. 17. Penalty en jullices ncgkftir.g to take it, fee. 18. UnlilUd Taxes applied, fee. 19. Sheriffs ccrrpelkd to pay the 'i axes, fee. 20. Jullices to provide Beoks, for the Acecuius ct the County, lee. 21. Sheriff to deliver Account of FuLlic Mcnies to the Trea- furer, fee. 22. Five Juflices prefent when Sheriffs Accounts are fctikd. Ice. 23. 1 axes v\ hen paid, fee. 24. Tax laid for Ccntingei.cies, p. 426, ck 18, p. 490, ch. 37. Aft Ur Lift cf Taxables in Neinicrn, p. 4^5, ch. 32. Several Public 1';ixes to ceaie, p. 4^9, ch. 36. T A G E R T, JOHN. Relieved frcni eciliftir^g 'flaxes in Tijon, p. 5/^5, ch. 8, TOBACCO. Aft to regulate the Inlpcftion cl TcLaccc, p. 410, ch. 9. Irfj-cftit n cl Tclacco in 'joJ.n/Un, p. ^tb, eh. 14 Tobacco Lurnt m Pace'i Warthcijle, Ccuniy 10 ii:al,e it gccd, p its, ch. 6. T OLE BOOKS. See Cattle aW Hogs. Aft to rf]_o)nt Toll Books, p. 11, ih. ^<^. C iiitle iiiid H and making Provifion for the Poor, p: 172, ch: 6. Penalty on Perfons hiring taxable Perfons rem.oving from one Parifh to another without Certificate, fee: 2. Perfons deemed Vagrants, fee: 3. Method of dealing with them when apprehended, fee: 4. One Years Relidence in a Parifti deemed a Settlement, fee: 5'. Method when poor People come into any Parifii, fee: 6. Proceedings againft Mafters of VeiTtls bringing poor Peo- ple into any Parifh, fee: 7. Ad continued, p: 2C3, ch: 13, p: 358, ch: 17, p: 484, ch: 29. No Perlon to harbour idle and difTolute Perfons, p: 424, ch: 13. VERMIN. Aft for deftroying Vermin, p: 453, en. 3, p: 504, cii: 13. Vermin deftroyed in feveral Counties, p: 551, ch: 16. VESSELS. See Debtors, Navigation. VESTRIES. Aft concerning Veftries, p: 304, ch: 2. Veftrymen to be eleded, and lummoned to appear, fee: 2. Manner of Eledion, p: 305, fee: 3. Qualification of Voters, and their Oath, fee: 4, 5. Attendance of Eledors inforced, fee: 6. Penalty on Perfons not being Freeholders, voting, p; . 306, fee: 7. Veftrymen to qualify, fee: 8. Veftry negleding to qualify, not to ad, fee: 10. Minifter to ad as \'eitryman, fee: 1 1. Churchwardens to be chofen, fee: 12. Members of Council exempt, fee: 13, To provide Books for Veftry Accounts, fee: 14. Veftries how called, and Pen. for non-Attendance, fee. 15. Churchwardens kept up, fee: i6. Agreements of Veftries to bind their SuccelTors, fee. 17. Succeluon of Veftrymen, fee: 18. Veftries where held, fee: 19. To appoint Readers, fee: 20. To lay Parifli Tax, fee: 21. Minifter to perform Divine Service in his Surplice or Gown, fee: 22. No Veftryman to be Clerk, fee: 23. Sheriff to colled Public Taxes, and give Bend, fee: 24, Recovery of Monies from Parifh Colleftors, fee: 26. Parifh Taxes when to be paid, fee: 27. Diftrefs not to be unreafonable, fee: 28. Veftries Power to call Magiftrates to Account: fee: 29. Provifo, if the Day of Eledion proves bad, lee: 31. Sheriff to read this Ad in Court, fee: 32. Ad to confirm the Veftry of St. Joknii Parifh in Bute, and to enable the Counties oi Pafijiuotaak, Anfon, and Currituck, to eled Veftries, p: 335, ch: 12. Veftry may make Repairs to Glebes, p: 339, fee: 5. Veftry of St. Stephen s Farilh conlirmec:, p: 426, tii: ir. Ad to amend the Veftry Ad, p: 434, ch: 2. Eledion of Veftrymen for the Panlh of Si. Martin s, p: 467, ch: 15. Veltry oi Unity Parifh diffolved, p: 563, ch: 32. Veftry oi Cumtuck Parifh to appropriate Monies, p: 301, ch: 22. WAREHOUSES. See Tobacco, Hemp and Flax, Inspection. WEIGHTS AND MEASURES. Aft for regulating Vv''eights and Meafures, p: 71, ch: 17. Weights and Meafures according to the Standard, fee: 2. Sealed Weights and Meafures to be provided, and a Kee- per appointed, fee: 3, 4. Steelyards wlien tried, lee: 5. Standard Keepers Fees, ana Oath, fee: 6, 7. His Power, fee: 8. This Ad to be advertifed in the Naval Office, p: 73, fee: 9. Juftices to take into their Poffeftion Weights and Mea- fures, fee: 10. WILMINGTON. See Churches, Towns. ^/7.W«^/o« to fend Hands on the Roads, p: 168, cli: 11. IJ'ilningion Gaol and Gaoler's Houfe erected, p: 564, ch: 33. ACTS repealed or expired the lajl SeJJion of Jffembly. The Superior and Inferior Court Ads, p: 372, ch: i, p: 3.S6, ch: 2, expired. Aft direding the Method of providing Jurymen, p: 388, ch: 3, expired. Ad to dired Sherifls in levying Executions, p: 485, ch: 33, expired. Ad to regulate Ofhcers rees, p: 473, ch: 19, repe.ilrd. Ad for Relief of Infolvent Debtors, p: 123, ch. 3, re- pealed. Ad appointing Public Treafurers, p: 405, ch: 7, exp. Ad to prevent Fire hunting, p: 464, ch: lo, repealed. / / ■0. .^A--L* II'-' •■■''■■»'■'- fit ij'M: fiSi5,$^: rW?I ''*^'"