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Colonial and State Records of North Carolina
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Report by George Burrington concerning acts of the North Carolina General Assembly
Burrington, George, 1680-1759
1731
Volume 03, Pages 175-179

[B. B. R. O. North Carolina. B. T. Vol. 8. P. 189.]

These following are the Acts that were past in November 1729 after the King had purchased the Government of the Lords Proprietors, about the Validity of which Laws there has been such debates vizt Whither they had then any Power of making Laws in the Name of the Palatine & Lords Proprietors of Carolina where there was none such they having before surrendered. And whither such Acts as affected the Publick Rights and Dues of the Proprietors could be of any force without being approved at home, the Government here having been restrained in such Cases by the Powers granted them for making Laws by the Late Lords Proprietors but this hath been fully set forth in the Journalls & my Report.

An Act for the making and emitting the Summ of forty thousand pounds Publick Bills of Credit of North Carolina.

An Act for the more quiet settling the Bounds of the Mehorin Indians Lands.

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An Act to make Hyde Precinct separate from Beaufort Precinct with power of erecting a Court house and holding Courts.

An Act to appoint that part of Albemarle County lyeing on the south side of Albemarle Sound & Mooratuck River as high as the Rain bow banks to be a Precinct by the name of Tyrrell precinct.

An Additional Act of explantation to an Act for appointing Tole Books and for preventing People from driving Horses, Cattle or Hoggs to other Persons Lands.

An Act for the more effectual and speedy putting in execution the Act for settling the Title and Bounds of Peoples Lands.

An Act to confirm Bath Town Common.

An Act to repeal the Act entituled an Act for encouragement of Tanning Leather in this Province.

An Additional Act to the Act for the Tryall of small and mean Causes.

An Act for regulating Vestrys in this Government and for the better inspecting the Vestrymen and Church Wardens Accounts of each and every Parish within this Government.

An Act to regulate the Act for appointing indifferent Jurymen, and to repeal that Part thereof that referrs to Precinct Courts.

THE SIX CONFIRMED LAWS.

These Laws following called the Confirmed Laws had been out of use and lost for above 20 years when upon a revival of the whole body of Laws in 1715 an old copy was produced and transcribed into the Law Book the original of them are entirely lost and they are become quite obsolete.

An Act concerning Marriages.

An Act transferring of Rights

An Act concerning the defraying the charge of the Governor & Councill

An Act prohibiting Strangers trading with the Indians

An Act for the speedy settlement of Lands

An Act concerning Escheat Lands and Escheators

This is a very old Law and not altered at the revisal in 1715. I am told that there are laws of this kind in most of His Majty's Colonies But whither two pence per acre will be thought for the future a Compsition sufficient is submitted. The Law otherwise being very fittfor the Purpose.

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An act for the more effectual preserving the Queen's Peace and establishing a good and lasting foundation of Government in North Carolina.

This was a Law after there had been Comotions in the Country and People in Armes which was called Cary's Rebellion and after the Government was settled this Act was made for securing the same and by the manner of wording of it referring to the then present Government establish'd, hath been held by some to be a Law made for that time only but by being confirmed in 1715, And having been put in practice several times since It should seem to be the better received Opinion that it is sitll in force and in so turbulent a Place is a Law not ill suited for the purpose, and that part of it declaratory of the Laws of England being in force here seems well Provided.

An Act to regulate divers abuses in the taking up of Lands and to ascertain the method to be observed from henceforward in taking up & surveying of Lands.

This Law was generally called the Lapse Act, and indeed that part of the Law wch directs how Lands to be lapsed for want of the Lords Proprietors purchase being paid is the only material part of it But is since His Majesty's Purchase entirely out of use. The other Part of this Law which directs the manner of takeing up and surveying Lands was the Antient custom & manner of doing it, & was found so good a method that about the year 1713. it was establish'd by this Law.

An Act for raising the summ of twenty four thousand Pounds in Publick Bills of Credit for paying the remaining Debts of the Government and for sinking the remaining part of the sum of Twelve thousand Pounds publick Bills of Credit with two years Interest.

Be it enacted &c.

And it is hereby enacted by the authority of the same that Collo: Cristopher Gale, Collo. Edward Moseley, Tobias Knight and Daniel Richardson Esqrs are hereby appointed and impowered to make out Publick Bills of Credit to the value of twenty four thousand Pounds in manner following That is to say three hundred of twenty pounds, three hundred of fifteen pounds, four hundred and eighty of ten pounds, four hundred and fifty of five pounds, three hundred of three pounds, three thousand of twenty shillings, three thousand three hundred of ten shillings, one hundred and fifty of eight shillings, three thousand of five shillings and seven hundred and twenty of two shillings and sixpence which said publick Publick Bills be made without Interest on them or

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time of payment mentioned therein for which they shall be allowed, and paid out of the Publick Treasure the sum of two hundred pounds which Bills when made shall be signed by Christopher Gale, Edward Mosely, Tobias Knight and Daniel Richardson who are hereby commissionated thereto, and sealed with the Collony seal and then delivered into the hands of Edward Mosely on or before the 25th day of March next in order that the said Edward Moseley may pay unto the Treasurer of each Precinct the balance due to the Persons who have had claims allowed on the same Precinct which he is hereby required and impowered to do.

And be it further Enacted by the authority aforesaid that all such publick Bills of Credit as are now outstanding shall not receive or have from the Publick or any other Person or Persons whatsoever any further Interest than two years which will be compleat and ended the 25th of March next within six months after which time all Persons whatsoever are required and commanded to exchange the same with the said Edward Mosely for such Bills as are to be made by virtue of this Act The said Edward Moseley or his Deputy being hereby empowered & required to exchange the same and to allow two years Interest thereon.

And be it further Enacted by the authority aforesaid that all such Persons who shall refuse or neglect to bring their Bills to be exchanged before the 25th of August next shall not have nor receive any Interest on the said Bills, and such as shall refuse or neglect to change the same Bills before the 25th of March 1716. the same shall adjudged, held & taken to be of no value.

And be it further Enacted by the authority aforesaid that as often as the said Edward Moseley or his Deputy shall have exchanged so many of the said Bills of Credit as shall amount unto the sum of three hundred pounds, the said Christopher Gale, Tobias Knight and Daniel Richardson or any two of them are hereby required to examine the same and having compared the same with the Counter part & taken an account of them and entered them in a fair List to pass a receipt for the same and publickly to burn them, for all which charge and trouble the said Edward Moseley shall be allowed one per cent for changing the said Bills.

And be it further Enacted by the authority aforesaid that the said Bills shall be reckoned and taken to be a good payment and Tender in Law for any of the rated Commodities of the Country or other Money allowing 50. per cent between the same and sterling, he or they so refusing shall forfeit double the value of such Bills so refused, one half toward defraying the contingent Charges of the Government and the other to

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him or them who shall sue for the same to be recovered by action of Debt Bill Plaint or Informac̄on in any Court of Record in this Government wherein no Essoin Protection Wager of Law or Injunction shall be allowed or received.

And be it further Enacted by the Authority aforesaid that if any Person or Persons shall counterfeit any of the said Bills or knowing any of the said Bills to be false or counterfeit or any other aiding & assisting him as well as the Utterer or Disposer of the Bill or Bills being thereof duly convicted shall be punished as guilty of Felony without the benefit of Clergie.

And be it further Enacted by the authority aforesaid that in case any member of either house of Assembly shall hereafter make any moc̄on which shall be judged by the House to which he belongs to be derogatory and prejudicial to the publick Credit of the said Bills, such Member of the Upper House shall be represented to the Proprietors as an enemy to their Lordships Interest & Country and unworthy of their Service and be suspended the Councill till their Ldps pleasure be known and fined the sum of twenty pounds for such his moc̄on and if a Member of the Lower House he shall be expelled the house and fined the like summ of twenty pounds and be forever after uncapable as serving as a Member of the House the fines to be appropriated for the payment of the Publick Charge.

And be it further Enacted by the authority aforesaid that for the faithfull discharging of the Office of Treasurer the Treasurer of each Precinct shall on or before the first day of February next give bond with good and sufficient security in the sum of two thousand pounds, the said Edward Moseley in the sum of twenty four thousand pounds to the honble Charles Eden Esqre Governor his Heirs & Successors with the condition for the faithfull performance of their severall Offices under the penalty of one hundred pounds, for every month he or they shall continue to officiate without giving such Bond with Security to be levyed by a Warrant from the Governor on the Goods and Chattels of such Person or Persons neglecting to give such bond & security, to be appropriated for and towards the defraying the Contingent Charges of the Government.

And be it further Enacted by the authority aforesaid That the Treasurer of each Precinct shall depute such Person to be Deputy Treasurer in there Precinct as shall be nominated by the Justices of that Court so as that the Number do not exceed Two.