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Colonial and State Records of North Carolina
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Acts of the Albemarle County General Assembly
Carolina. Albemarle County. General Assembly
January 20, 1670
Volume 01, Pages 183-187

[B. P. R. O. Col: Ent: Book. No. 20. P. 48.]
ACTS OF THE ASSEMBLY OF ALBEMARLE RATTIFIED AND CONFIRMED BY THE PROPRIETORS THE 20th JANry 1669 (-70).

AN ACT PROHIBITING SUEING OF ANY PERSON WITHIN 5. YEARES.

Whereas there hath not binn sufficient Encouragement hitherto granted to persons transporting themselves and Estates into this County to plant or inhabit. For remedy whereof be it enacted by the Pallatine and Lords Proprietors by and with the advice and consent of this present grand Assembly and the authority thereof that noe person transporting themselves into this County after the date hereof shall be lyable to be sued during the terme and space of five yeares after their Arrival for any

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debt contracted or cause of action given without the County and that noe person liveing in this County shall on any pretence whatsoever receive any letter of Atturney Bill or account to recover any debt within the time above mentioned of a Debtor liveing here with out the said Debtor freely consent to it.

AN ACT CONCERNING MARRIAGES.

Forasmuch as there may be divers people that are minded to be joyned together in the holy state of Wedlock and for that there is noe minister as yet in this County by whom the said Partyes may be joyned in Wedlock according to the rites and customs of our native Country the Kingdome of England that none may be hindred from this soe necessary a worke for the preservation of Mankind and setlement of this County it is enacted And be it enacted by the Pallatine and Lords Proprietors of Carolina by and with the advice and consent of the Present Grand Assembly and authority thereof that any two persons desiring to be joyned together in the holy state of matrimony takeing three or fower of their Neighbours along with them and repairing to the Governor or any one of the Councell before him declaring that they doe joyne together in the holy state of Wedlock And doe accept one the other for man and wife; and the said Governor or Councellor before whom such act is performed giveing Certificate thereof and the said Certificate being registered in the Secrytary's Office or by the Register of the Precinct or in such other Office as shall hereafter for that use be provided It shall be deemed a Lawfull Marriage and the partyes violating this Marriage shall be punishable as if they had binn marryed by a minister according to the rites and Customs of England.

AN ACT CONCERNING TRANSFERRING OF RIGHTS.

There being divers persons who resort into this County and perhapps iu a short time leave it againe yett neverthelesse whilst they are here, they make sale of their Rights to land which thing may prove very prejudiciall to our Lords Proprietors and to the speedy setlement of this County be it therefore enacted by the Pallatine and Lords Proprietors by and with the advice and consent of this present Grand Assembly That noe person or persons whatsoever shall make sale of their Right or Rights to land untill he hath binn two compleate years at least an inhabitant in the County.

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AN ACT EXEMPTING NEW COMMERS FROM PAYING LEVYS FOR ONE YEARE.

Bee it enacted by the Pallatine and Lords Proprietors and with the advice and consent of the Grand Assembly and the authority thereof that any person or persons transporting themselves and Families into this County to plant and here seat themselves shall be exempted from paying levys for one whole yeare after their arrivall. Provided always there be noe emergent charge which the Vice Pallatine Counsell and Assembly shall judge extraordinary.

AN ACT AGAINST INGROCERS.

Whereas divers adventurers have transported Commodyties into this County which hath binn engrosed by some particular persons to retaile again at uureasonable rates to the Inhabitants of this County to prevent which inconvenience for the future It is enacted and be it enacted by the Pallatine and Proprietors by and with the advice and consent of this present Grand Assembly and the authority thereof that any person whatsoever within this County that shall after the Publication hereof presume to engrose any quantity of goods from any adventurer to sell and retaile againe at unreasonable rates to the Inhabitants shall forfeit for every such offence tenn thousand pounds of tobacco, the one halfe to the informer, the other halfe to the use of the Lords Proprietors.

And it is hereby further declared and enacted by the authority aforesaid that any person or persons that shall buy goods of any Adventurer and retaile the same except he cann in tenn days produce to the vallew of the said Goods so purchased of his owne proper Tobacco or Estate according to the bargaine in kinde he shall be deemed an Ingrocer and proceed against as in this act for that case is provided. Provided nevertheless that this Act shall not extend to the Prohibiting anyone that shall keep Shopp or retaile any sorte of Comodytys in any Towne that is or shall be erected by the Lords Proprietors or by their order.

AN ACT CONCERNING DEFRAYING THE CHARGE OF THE GOVERNOR AND COUNCELL.

Whereas there hath never any course been taken for the defraying the necessary charge of the Governor and Councell in time of Courte And for as much as the Grand Assembly doe thinke it unreasonable that they should spend their times in the service of the County and not have their

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Charges borne, be it therefore enacted by the Pallatine and Proprietors by and with the advice and consent of this present Grand Assembly and the authority thereof That there be thirty pounds of Tobacco levyed upon every Action that comes into Courte from him that is cast and that it be levyed and collected by the Sheriff with his fees And disposed of by order of the Governor and Councell for defraying their ordinary charge.

AN ACT WHAT LAND MEN SHALL HOULD IN ONE DEVIDEND.

Whereas there are divers men that have right to great tracts land, and not nigh people enough to manure and people the same, by which means the Country will great part thereof lye unseated and unpeopled which may prove prejudiciall to the safety and interest of the Right Honorable the Lords Proprietors of the County For prevention whereof it is therefore enacted and be it enacted by the Pallatine and Lords Proprietors by and with the advice and consent of the Grand Assembly and authority thereof that noe person or persons whatsoever he be within this County under the degree of a Proprietor, Landgrave or Cassique shall have Liberty for the space of five yeares next ensueing to survey or ley out above six hundred and sixty acres of Land in one devidend that soe the County may be the speedier seated, without express leave obtained from the Lords Proprietors.

And it is hereby further enacted that there shall not bee granted in any warrant any quantity of Land but what is allowed according to the Quality of the right and is exprest in the Proprietors Instructions, concessions or fundamentall Constitutions or forme of Government.

AN ACT FOR THE SPEEDIER SEATING OF LAND.

Whereas there are severall of the Inhabitants within this County that formerly did cleare some small quantity of Land and build some houses thereon which now have forsaken it espetially on South Lanchester side of the west of Chowan and other parts of the County And in as much as the said Land lyes voyd and unplanted which proves a hindrance to the Setlement of the County Be it therefore enacted by the Pallatine and Lords Proprietors by and with the advice and consent of this present Grand Assembly and the authority thereof That if any person or persons that have bestowed any Labour as above said on any Land within the County shall not repaire to it and seat the same within sixe months after the publication hereof that then it shall and may be lawfull for the Governor and Councell to lett it out to any other person to doe it The

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party to whom it is soe lett out paying to the first labourer so much as it shall be adjudged by fower honest men to be worth.

AN ACT PROHIBITING STRANGERS TRADING WITH THE INDIANS.

For as much as there is often recourse of Strangers from other parts into this County to truck and trade with the Indians which is conceived may prove very prejudiciall Wherefore be it enacted by the Pallatine and Lords Proprietors by and with the advice and consent of the Grand Assembly and the authority thereof that if any person or persons of what quallity or Condition soever they be shall presume to come into this County to truck or trade with any of our neighbouring Indians belonging to the County or that shall be found to have any Indian trade purchased from them or being found or appearing that they come to trade with any Indians as aforesaid Whether in their Townes or elsewhere within the County which is hereby left for the Magistrate to judge it shall bee lawfull for any person or persons to apprehend any such persons or Forreigners that shall be found amongst the Indians or elsewhere within the limitts of the County and him or them bring before the Governor or any one of the Councell who shall hereby have power to comitt them to prison there to abide till they have paid tenn thousand pounds of tobacco and caske otherwise to stand to the censure of the Vice Pallatine and Councell And it is further declared that whatsoever Trade is found with the person apprehended One halfe thereof and one halfe of the fine shall belong to the Apprehendor and the other halfe to the Lords Proprietors.

The fore going Acts weare past againe the 15th of October and sent per Mr Nixon.