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Bill by the North Carolina General Assembly concerning quit rents and the fees of government officials
North Carolina. General Assembly
1731
Volume 03, Pages 157-168

[B. P. R. O. North Carolina. B. T. Vol. 8. P. 23.]
A BILL FOR AN ACT ENTITULED AN ACT TO REGULATE AND ASCERTAIN THE PAYMENT OF QUIT RENTS & FEES OF THE OFFICERS OF THIS GOVERN MENT.

This was the second Draft of the Bill about the Fees and Quit Rents which the House declared was the furtherst they would go in the matter & the Council declared they would not consent to it. Bills at 150. per cent being not near the value in Proclamation money, and to this New Draft I objected that the Lower House in their last Amendments to the first Draft engaged to allow the table of Fees as they formerly stood but instead of that they now make a new regulation of them that reduces several of the Fees from what by law they had been establish'd at as may be seen by comparing this with the Tables of Fees in the Acts of Assembly, & I further declared that the statemt in this last draft of the Bill of Tobacco and rice for the payment of His Majesty's Quit Rents, and the suspending the payment of the Quit Rent so long was what I could not presume to allow off as will be seen more at large in the Journal: Had they valued the tobacco & rice at an equivalent & I had been permitted by the Instructions I should not have been induced to allow the payment of Quit Rents in those Comoditys because we have yet no Acts to regulate the makeing of them good and merchantable and till then any Trash might have been put upon the Receiver without remedy.

The King's Most excellent Majesty as a Mark of His Royal Bounty and Fatherly indulgence to the Inhabitants of this Province having been graciously pleas'd to signify his pleasure to remit all arrears of Quit

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Rents due from such Persons holding lands in this Province as had not paid the same on or before His Majesty's purchasing the sovereignty of this Province which was the 25th day of July 1729, and His Majesty having allso signified His pleasure that in the same Act to be pass'd for remitting the said Arrears all Persons should be obliged to register their Grants whereby they claim lands in the Office of His Auditor General or Deputy, and that the Quit Rents reserved upon such Grants respectively shall hereafter be paid in Proclamation Money and Fees payable to all Officers in this Government likewise to be paid in Proclamation Money.

Be it Enacted by His Excellency the Governor Council and General Assembly of North Carolina

That all and every His Majesty's subjects of this His Province of North Carolina shall be and are hereby acquitted, released and discharged against the King's Majesty His Heirs and Successors and every of them of and from all rents and arrears of rents which were due & owing to His Majesty the 25th day of July in the year of Our Lord 1729.

And for the better ascertaining the Quit Rents due and payable hereafter to His Majesty His Heirs & Successors Be it Enacted by the authority aforesaid that all and every person and persons whatsoever hereafter taking up Lands in this Province shall within after his receiving any Grant for Lands out of the Secretary's Office tender the same Grant to the Auditor of this Province or his Deputy that it may be registered in the Auditor's Office under the penalty of and that the said Auditor be oblig'd to keep a Deputy in every Precinct in this Province

And Be it further enacted by the Authority aforesaid that for the future the Quit Rents that shall become due to His Majesty his heirs and successors by virtue of any Grant from the late Lords Proprietors, or by virtue of any Grant to be issued in this Province by His Majesty's Governor in Chief or Lieutenant Govr the same shall be paid in Proclamation Money as mentioned in an act of Parliament made in the sixth year of the Reign of Queen Anne Entituled an Act for ascertaining the rates of foreign Coins in Her Majesty's Plantations in America, or in such equivalent as is hereafter in this Act mentioned.

And be it Enacted by the Authority aforesaid that none of the Officers or other persons that now do or hereafter shall belong to or officiate in any of the Offices or Imployments in this Act mentioned and expressed either by themselves, Deputys, Clerks or servants shall after Publication hereof neglect, refuse or delay to give due dispatch to the business of their respective Office for want of immediate payment when required by any

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Freeholder or receive or take directly or indirectly any other Fee or larger summ than in this Act directed for dispatch of business in their respective Offices or any other pretence whatsoever under penalty of forfeiting and paying the summ of fifety Pounds Proclamation money or Commoditys or Bills of this Province to the value thereof according to the rates or allowance in this Act ascertain'd, the one Moyety thereof to be paid to the Publick Treasurer for the time being and for the use of this Province and the other moiety to him or them that shall inform or sue for the same in any Court of Common Pleas in this Province and the Party grieved left to his Action at Common Law to recover his Damage on such Officer or Officers for such his Offence. And the said Officer shall further losse his or their Office or Offices, Imployment or Imployments.

And Be it further Enacted by the authority aforesaid that every publick Officer in this Government that shall have, take or demand any Fees in this Government from any Person or Persons whatsoever such Officer so taking or demanding shall be oblig'd immediately (if ask'd) or thereto required) to make out a ticket of the several Articles of such his Fees so taken, received or demanded and subscribe his name thereto and deliver the same to any person or persons from whom such Fees shall be taken, received or demanded under the penalty of Pounds one half to the Church Wardens & Vestry for the use of the Parish where such Officer shall reside, the other half to him that shall sue for the same, to be recovered by Action of Debt, Bill, Plaint or Information in any Court of Record in this Government wherein no essoign, Protection or Wager of Law shall be allowed or admitted of.

Provided that if the Person injured doth not complain or prosecute within one month after such offence shall be committed any other Person may complain or prosecute the Offendor—Provided it be done within eighteen months.

And be it enacted by the authority aforesaid that the respective Officers belonging to the Offices hereafter mentioned do forthwith after Publication hereof cause their Fees with the prises thereof according as they are in this Act sett down to be fairly ingrossed and set up in a Publick Place where their Offices are kept & the business belonging to the said Office is done and not to be from thence at any time under the penalty of forfeiting and paying the summ of ten pounds Proclamation Money or Commoditys or Current Bills of this Province to the value thereof according to the Rates or Allowances in this Act ascertained the one Moiety to be paid to the Treasurer for the time being for the use of the Province and the other moiety to him or them that shall informe or sue for the same in any Court of Common Pleas in this Government.

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Provided Information be made within six months after such Offence shall be committed, and also the Clerks of the several Courts of this Government are hereby directed and required to keep a list of all Fees contained in this Act respecting their several Courts set up in some Publick Place in their respective Court Houses, and there constantly kept during the sitting of the Courts, under the like penalty.

And Be it Enacted by the authority aforesaid that every Officer hereafter mentioned who shall make out an exact account or list of his Fees and shall attest the same upon Oath before some Magistrate to be justly due and agreable to the following table and shall deliver the same to the Provost Marshall or His Deputy where such Fees shall become due on or before the 14th day of December yearly, that then and in such case the Provost Marshall or his Deputy shall and they are hereby obliged to collect, receive and pay the same at the rate of Tenn per cent. And Be it Enacted by the authority aforesaid that if any person or persons shall refuse to pay the said Marshall or his Deputy all such Fees as are or shall become due to the several and respective Officers so attested & delivered as aforesaid, that then and in such case it shall and may be lawfull for the said Marshall or his Deputy at any time betwixt the 15th day of December and the last day of March yearly to levy the same by way of Distress and sale of the Goods of every Person so refusing.

GOVERNORS FEES.
£
s.
d.
For a Mariage Licence
10.
For every Testimonial—Coll: Seal
10.
For ordinary keepers licence
1.
For the Master's report of every forreign Vessell.
15.
6.
For signing Probats of Wills
10.
For signing letter of Administration
10.
For signing a Register of an open Vessell
5.
For Do deckt Vessell
10.
For Letters Patents of Demigation
10.
For signing Writ of Escheat
10.
For a Pass People going out of the Country
5.
For Every elaps'd and Escheat Patent
10.
For Injunction in Chancery
5.
For Difinitive Decree thereof
5.
COLLECTORS FEES
For entring and clearing forreign Vessells all Fees included except such as are hereafter mentioned
12.
6.
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For entring & clearing open Vessells of the Country.
2.
6.
For entring and clearing dockt Vessells of the Country.
5.
For granting and recording a Register
7.
6.
For Certificate on exchange of a Master
2.
6.
For Certificate of enumerated goods.
2
6
For Certificate for the Bounty & Oath
4
For recording a Certificate for cancelling enumerated Bonds
2.
6.
For Permit from one District to another Open Vessells and Periagrs
2.
Deckt Vessells
4
NAVAL OFFICERS FEES.
For entring & clearing forreign Vessells
7.
6.
For every Vessell belonging to the Country if open
2.
6
if deckt
5.
For Bond not to carry People out without Licence
2
6.
For Certificate for the Bounty
2
6
For every other Certificate
1.
3.
For filing the Certificate to discharge the enumerated & cancelling the same
2
6
For enumerated Bond
2
6
COMPTROLER'S FEES.
3.
CHIEF JUSTICES FEES
For a Writ
3.
For Filing a Declaration, Plea or Warrant of Attorney
2
6
For Copy of a Plea attested
1.
For a subpena
1
For a Retraxit
1.
3
For a Scire Facias
2
6.
For entring Judgment in respite
1.
For entring every rule of Court
9.
For the Venire for every action that goes to the jury
1
6.
For swearing every evidence
6.
For writeing every deposition in any Criminal Cause to be paid by the party convict.
1.
For administring the oath & signing & endorsing the Certificate to the deposition
6.
For reading a Bond or other Paper
1.
For a writ of Enquiry
2.
6.
For entring an Action in the Judges book that goes to the Jury
3.
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For Execution
2
6
For every special Court and attendance thereon.
1.
For searching every Record of the Court
1.
For entring satisfaction
1.
For Copy of a Record attested
1.
For the allowance of a writ of Error
5.
For Bail taken before the Judge
5.
For confessing Judgment
1
3.
For admission of any Person to practice as an Attorney in Court
1.
For filing the writ return'd by the Marshall
1.
For filing a Bail Bond or other writeing
1
For a Bond from him who sueth by Letter of Attorney to pay Cost and Damages if Cast
2.
6.
For a Replevin Bond
3.
6.
For giving Judgment on a special pleading if the Action be above 50£
10.
For giving Judgment under
5.
For receiving & entring an Injunction
7.
10
For the Judges book for every cause entred to be try'd that Court if above tenn pounds
5
If under tenn pounds
2
6.
For return of a certiorary.
4
9
For every acknowledgmt or proof of a Deed, Lease or other Conveyance and for endorsing the acknowledgmt & proof thereof
3
4
For signing a Testimonial of a woman's examination and renouncing her right of Dower
10.
For acknowledging and proving a letter of Attorney & for all Fees incident thereto
3
4
For docketing every Appeal from the Precinct Court.
1.
For a Dedimus to examine witnesses
2
6.
For every recognizance taken in open Court for the Chief Justice & Clerk of the General Court.
2
For taxing Bill of Cost.
2
4
SECRETARY'S FEES.
For making out and recording a Patent for 640 acres and under
9.
2.
For making out & recording a Patent above 640 ac:
15.
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For making out a warrant to the Surveyor General for running out of Land
5.
For recording the Surveyors return
1.
For recording the assignment of a warrant
1.
For a Copy of a single Patent
2
6.
For a Copy of a Dubble Patent
3.
For Probate of a Will recording the same
5.
For Commission of Administration
5.
For return of every Invetory & recording
2
6
For every search
1.
For Commission of the Peace and Dedimus to be paid by the Publick
5.
For a Writ for election of Burgesses
2.
For filing and recording every Inquisition of Escheat to be paid out of the fine
1.
For recording every Coroners inquest to be paid out of the deceas'd Estate or out of the Publick Treasury.
2.
For a Copy of a Will if required
2
6.
For writeing a Testimonial
2
6
For a Copy of a Law
1.
3.
For a Supersedeas to be paid by the Person granting
2.
For drawing a Bill of Indictment to be paid to the Clerk of the Crown
2
6.
For Copy of an Information to be paid to the Clerk of the Crown
2
6
For filing an Injunction
1.
For Arreignment of Criminals to be paid to the Clerk of the Arreignment
1.
For Letters of Demigation
10.
For a Copy of a Bill of Indictment to be paid to the Clerk of the Crown
2
6
SURVEYOR GENERALS FEES
For surveying one thousand acres & under
1
13
4
For every hundred above one thousand
2.
PROVOST MARSHALLS FEES
For an arrest and return thereof
2
4
For serving subpena or summons and return thereof
2
For serving an Attachment, the same as for an Arrest and if further trouble to be taxed by the Court.
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For serving execution for 5£
5.
For every pound above 5.
6.
For summoning every Appraiser and Auditor or evidence to any Deed, Will or other matter
10.
For summoning and impanelling a Jury in every Cause
1.
For serving a Declaration
8
For putting into the stocks
1.
For Pillorying any person
1.
For executing a condemn'd person
2
10.
For Whiping
1.
For Committment of a Criminal
1.
For discharge of the same
5
For a Bail Bond
2
For summoning a Jury of Escheat, Survey, Writ of Dower Partition, Writ of Enquiry for Damages in the Country or Jury for view
10.
For every day attendance on such Jury.
3.
For return of such Jury's verdict if taken abroad
2.
For every Proclamation for Outlawry
2
6
For executing every writ of Possession and Habeus Corpus on Prohibition
2
6
For all Public services vizt for summoning His Majesty's Council, Publication of Writs for Burgesses, Impanelling Grand Jurys, Publishing all Proclamations and causing them to be publish'd in every Precinct for serving all publick orders of Court and other publick services to be paid annually by the Publick Treasury.
on a claim to be allow'd.
For serving every Subpeana to answer in Chancery.
2.
For serving a Copy of a Bill in Chancery
2.
For maintaining Debtors per day
1.
For maintaining every Criminal or Runaway Negroes and servants.
6.
CLERK OF THE CHANCERY'S FEES.
For drawing a Bill in Chancery if drawn by the Clerk.
5.
For filing the same
1.
For a Copy of the same
2
6.
For a Subpena for the Deffendant
2.
For drawing an Answer if drawn by the Clerk
5.
For filing the same
1
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For a Copy of the same
2
6.
For every subpena for evidence
1
For Injunction or supersedeas in Chancery.
2
6.
For Copy of the Proceedings
2
6.
For entring up the Decree
3
For Calling and Dismission
1.
For drawing an affidavit
1.
For entring & recording interogatories
1.
6
For a Copy of the same
1.
6.
For drawing, filing & recording Replication
1.
For Rejoinder Surrejoynder & Record
1.
CLERKS FEES IN THE GENERAL AND PRECINCT COURTS.
For Every Action
1.
For Every Writ and Returne
2.
For drawing every Declaration filing and Copy
3
For Demurer or Plea & filing the same
1.
For every Didamus Deposition & filing
1.
For subpaena for evidence and filing the same
1
For Venire Facias and Recording
4
For recording the Pannel of the Jury and entring the Jury's Verdict
1
For filing every Bill and Account
6.
For administring an Oath
4
For calling every action
6.
For every original Order of Court
1.
For every Copy
1.
For every Petition if drawn by the Clerk
1.
For entring up every Judgment.
1.
For searching the Records.
1.
For every Summons.
1.
For every Attachment and Return
2
For every Bond and recording
2.
For proving & recording every power of Attorney
4
For Copy if required
1.
For proving and acknowledging every Deed including the Chief Justices Fees
2
6.
For Copy of an Act of Assembly
1.
For Scire Facias and Returne
2
6.
For every execution and Returne
3.
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For entring satisfaction on the record and every Retraxit
1.
For every Discontinuance and Dismission of suit.
1.
For every Continuance
6.
For a Referrence or Imparlancy
6.
For every Certificate for proving of Right
4
For Writ of Possession, Writ of Enquiry or Writ of seizin for Dower
3.
For proving a Will and Certificate thereof to the Secretary's Office
2
6
For Order of Administration & Certificate thereof to the Secretary's Office
2
6.
For Administration Bonds.
2.
For entring every appeal and returning the Proceedings to the General Court.
5.
For filing every warrant of Attorney
6
For ordinary Keepers rates
1.
For recording every Mark or Brand
1.
ESCHEATOR'S FEES
For Inquisition and Returne
2.
ATTORNEY GENERAL'S FEES.
For every Indictment, Information Bill found in the General Court.
2.
10.
For the same in the Precinct Court.
5.
ATTORNEY'S FEES
For every Cause in the General Court
10.
For The Precinct Court
5.
PUBLICK REGISTER'S FEES
For registring Birth, Burial or Mariage
1.
For registring Conveyance
2
6.
For Copy thereof
2
6.
CONSTABLE'S FEES
For serving a warrant and Returne
2.
For Every summons
1.
For every execution
2.
For an Attachment if served by the Constable
2.
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ADMIRALTY FEES.
In Case of seizure and Condemnation of Vessells for unlawfull trade or as prize 10£ to be divided among the officers as follows. vizt.
£.
s.
d.
5/12 To the Judge
4
3
4
4/15 to the Register
2
13
4
¼ to the Advocate
2.
10.
1/15 to the Marshall
13
4
In case of open Vessells seamens Wages not exceeding 20£ to the Judge the first day.
2
For every other day
1.
REGISTER'S FEES IN THE LIKE CASE
For drawing the Lybel to be pd to the Advocate
5
For registring the same
5
For answer & register
2
6.
For affidavit, Deposition and Oath the same as in the Court of Chancery.
For a Decree
2
6.
For a Copy
2
6.
For Dismissing
1.
For Continuance
1.
For Citation
2.
For summons for each evidence
4.
MARSHALL'S FEES IN THE LIKE CASE
Serving a Citation, seizing and return
5.
Serving a Decree & return under 5. pounds.
10.
For every pound above 5.
1.

And whereas there is not in this Province Gold and Silver Coin sufficient to answer one twentyeth part of the Quit Rents and Fees as mentioned in this Act Wherefore that a just equivalent may be settled Be it Enacted by the authority aforesaid that the Quit rents that shall hereafter become due shall be payable either in Proclamation money as aforesaid or in tobacco at 11. shillings per hundred weight or rice at 12s 6d per hundred weight at the choice of the party owing the same and all Fees which shall hereafter become due and payable by virtue of this Act, the same shall be payable either in Proclamation Money or in such Commoditys according to the Rates mentioned in this Act. vizt.

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£.
s.
d.
Tobacco per hundred
11.
Indian Corn per bushell
2.
Wheat per bushell
4
Tallow Try'd per pound
6.
Leather tann'd & uncur'd per pound
8
Beaver & Otter skins per pound
2
6.
Buck and Doe skins per pound
2
6.
Feathers per pound
1.
4.
Tarr per barrell full gage
7.
6.
Pitch per barrell
12
6.
Whale Oyl per barrell
2.
5.
Pork per barrell
2.
5.
Beef per barrell
1.
10.
Rice per hundred weight
12
6.
Turpentine per barrell
12
6.

And for want thereof in Paper currency at 150. per. cent as the partys obliged to pay the same shall think fitt. Provided that no Officer hereafter shall oblige payment of the said Commoditys to be made but at convenient landings within the Precinct where they reside, and at such times as are by the laws appointed.

And that such persons who have not or cannot procure silver or gold to pay the quit rents due to His Majesty may have convenient time to make tobacco for such payments the season for making the same for this present year being too far gone.

Be it Enacted by the authority aforesaid that no Quit Rents shall be demanded of any Person untill after the 10th day of October which shall be in the year of our Lord 1732.

This is a true copy.
WILLIAMS Clk. G. Assembly.