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Acts of the North Carolina General Assembly, 1715 - 1716
North Carolina. General Assembly
November 17, 1715 - January 19, 1716
Volume 23, Pages 1-96

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1715
(2 GEORGE I.)
("The Six Confirmed Laws.")

CHAPTER I.
An Act concerning Marriages.

I. For as much as there may be divers people that are minded to be joined together in the Holy Estate of Wedlock & for that there is yet no Minister in this Country by whom the said persons may be joined in Wedlock, according to the Rites & Customs of our natural Country, the Kingdom of England; that none may be hindered from so necessary a work for the preservation of Mankind & settlement of this country.

II. It is enacted, & Be it Enacted by the Palatin & Lords Proprietors of Carolina, by & with the consent and Advice of the present Grand Assembly & the authority thereof, that any two persons desirous to be joined together in the Holy Estate of Matrimony, taking three or four of the neighbours along with them & repairing to the Governor or any one of the Council, before him declaring that they do join together in the Holy Estate of Wedlock & do accept one the other for Man & Wife, and the said Governor or Councellor before whom such Act is performed, giving certificate thereof & the said certificate being registered in the Secretary's office, or by the Register of the Precinct or in such office as shall hereafter be appointed for that use, It shall be deemed a Lawful Marriage & the persons violating that marriage shall be punished as if they had been married by a Minister according to the Rites and Customs of England.

CHAPTER II.
An Act for Transferring of Rights.

I. There being divers persons who resort into this Country & perhaps in a short time leave it again; Yet, nevertheless, while they are here they make sale of their Rights & Lands, which thing may prove very prejudicial to our Lords Proprietors and to the speedy settlement of this Government.

II. Be it therefore Enacted by the Palatin & Lords Proprietors by & with the consent of this present Grand Assembly and the authority thereof, that no person or persons whatsoever shall make sale of their Rights until they have been two compleat years at least and Inhabitants in the Country.

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CHAPTER III.
An Act concerning the Defraying the Charge of the Government & Council.

I. Whereas there hath never been any course taken for the defraying the necessary Charge of the Government & Council in time of Court, And forasmuch as the Grand Assembly do think it unreasonable that they should spend their time in the service of the Country & not have their charges borne.

II. Be it therefore Enacted by the Palatin & Proprietors by & with the advice & consent of the present Grand Assembly and the Authority thereof that there be Thirty pounds of Tobacco levied upon every Action that comes into Court from him that is Cast & that it be levied & collected by the Sheriff with his Fees & disposed of by the Order of the Governor and Council for defraying their ordinary charge.

CHAPTER IV.
An Act prohibiting Strangers Trading with the Indians.

I. Forasmuch as there is often recourse of strangers from other parts into this Country to truck & trade with the Indians which is conceived may prove prejudicial, wherefore,

II. Be it Enacted by the Palatin & Lords Proprietors by & with the advice & consent of the present Grand Assembly & the Authority thereof, that if any person or persons of what Quality or Condition soever they be, shall presume to come into this Country to Truck & Trade with any of our Neighbour Indians belonging to the Country, or 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 Town or Elsewhere within the Country, which is hereby left for the Majistrate to judge, It shall be lawful for any person or persons to apprehend any such person or Foreigner that shall be found amongst the Indians or elsewhere within the limits of the Country and him or them bring before the Governor or any one of the Council, who shall hereby have power to commit them to prison there to abide until they have paid Ten thousand pounds of Tobacco & Cask; otherwise to stand to the censure of the Governor.

III. And it is further declared that whatsoever Trade is found with the person apprehended one half thereof & one half of the Fine shall belong to the Apprehender & the other half to the Lords Proprietors.

CHAPTER V.
An Act for the Speedy Settlement of Lands.

I. Whereas there are several of the Inhabitants within this Country that formerly did clear some small quantity of Land & built some Houses thereon which they have forsaken; especially on the South Lancaster side & the West side of Chowan, and other parts of the Country. And forasmuch as the Land lyeth void & unplanted; which proves an hindrance of the settlement of the Country:

II. Be it therefore Enacted by the Palatin & Lords Proprietors by & with

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the consent & advice of the present Grand Assembly and the Authority thereof, that any person or persons that have.

(The rest is lost.)

[Full text of this chapter is available at vol. 25, p. 121.]

CHAPTER VI.
An Act exempting New-Comers from Paying Levies for one Year.

(Missing.)

NOTE.—The above six acts were enacted prior to 1715 and confirmed anew at that session.—EDITOR.

[Full text of this chapter is available at vol. 25, p. 159.]

CHAPTER VII.
(Repealed by Act 4 April 1741.)
An Act for the better observing the Lord's Day called Sunday, the 30th of January, the 29th of May & the 22nd of September; And also, for the suppressing Prophaneness, Immorality, & divers other vicious & Enormous Crimes.

I. Forasmuch as by the great neglect in keeping Holy the Lord's Day & the little regard had to all other days & times appointed to be kept religiously, Impiety is likely to grow to a very great height, if not timely prevented, to the great Dishonour of the Almighty and scandal of this Province, Wherefore for the Speedy & Effectual Redressing thereof,

II. Be it Enacted by his Excellency the Palatine and the rest of the True & Absolute Lords Proprietors, by & with the advice & consent of the General Assembly now met at Little River for the North-East of the Province of Carolina,

III. And It is hereby Enacted by the Authority aforesaid, that from & after the Ratification of this Act, all & every person and persons whatsoever shall on every Lord's Day apply themselves to the holy Observation thereof by exercising themselves publickly & privately in the required duties of Piety & true Religion & that no Tradesman, Artificer, Workman, Labourer, or any other person or persons whatsoever shall do or exercise any Worldly Labour, Business or work of their Ordinary Callings, or shall employ themselves either by Hunting or Fishing on that Day or any part thereof (Works of Necessity & Charity only excepted,) and that every person being of the Age of fourteen years or upwards, Offending in the Premises, shall for every such offence forfeit & pay the sum of Tenn Shillings.

IV. And Be it Further Enacted by the Authority aforesaid, that the 30th of January, being the Day whereon the late Royall Martyr & sovereign King Charles I. was barberously murthered; And 22nd of September being the Anniversary of the late barbarous massacre committed by the Indians on the Inhabitants of Bath County in the year 1711, are & shall be hereby appointed to be kept & solemnized, annually, as Days of Humiliation, with Fasting & Prayer; And the 29th of May being the Day of the Birth & happy Restoration of the late King, Charles II of Blessed Memory shall be yearly celebrated as an Holy Day & that if any person or persons shall be found Gameing, Drinking or Working or otherwise Using and doing any Act or Deed on the said 30th of January, 22nd of September, or not celebrating the said 29th Day of May as an Holy Day, contrary to the true Intent & Meaning of this Act (Works of Necessity & Charity only excepted) he, she, or they, so offending shall be fined the sum of Five Shillings.

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V. And Be It Further Enacted that no Planter, Merchant, their Servants shall cause or encourage or permit any Servant, or Servants, Slave or Slaves to work on the Lord's Day or any of the other Days appointed by this Act to be kept Holy every such Master, Mistress or Overseer shall for every Servant or Slave forfeit & pay the sum of Five Shillings for every such offence.

VI. And be it Further Enacted that no Planter, Merchant, their Servants or Slaves, nor any other person or persons whatsoever shall Use, Employ, or Trade with any Boat, Cannoe, or Periauguer, on the Lord's Day (except in cases of Necessity or to attend the Publick Worship) upon Pain that every person so offending shall forfeit & pay for every offence the sum of Ten Shillings.

And if any Ordinary or Punch-House Keeper shall sell any Wine, Beer, Punch or other Liquors on the Lord's Day, the 30th of January, or the 22nd of September aforesaid (except it be for necessary occasions, for Lodgers or Sojourners) every person so offending shall for every such offence forfeit & pay the sum of Ten Shillings.

VII. And Forasmuch as Prophane Swearing & Cursing is forbidden by the Word of God, Be it therefore Enacted by the Authority aforesaid that no person or persons shall prophanely Swear or Curse, upon pain of forfeiting & paying the sum of Two Shillings & six pence for every Oath or Curse if a private person; But if any person in Office, shall prophanely swear or curse, then such person shall forfeit & pay the sum of Five Shillings. And further, in case any person or persons shall prophanely swear or curse in any Court-House Sitting the Court, He or She shall upon Conviction, Immediately pay the sum of Five Shillings or be set in the Stocks for the space of three Hours by order of the Court before which the Offence was committed.

VIII. And whereas the odious & loathsome Sin of Drunkenness is of late grown into common Use within this Province & being the Root & Foundation of many Enormous Sins,

IX. Be it therefore Enacted that all & every Person & persons that shall after the Ratification hereof be drunk upon the Sabbath Day, the 30th of January, the 22nd of September, shall forfeit & pay the sum of Ten Shillings, if on any other day the sum of Five shillings for every such offence.

X. And be it further Enacted that if any person or persons shall offend in any of the aforesaid premises in the presence of any Justice of the Peace of the Precinct where the Crime shall be committed & shall thereof be convicted by him or by his own confession or by the proof of any one or more witnesses, upon Oath before any other Justice of the Peace for the said Precinct, or before any Justice of the Peace of the Precinct where the party so offending had or hath at the time of conviction, his usual Residence & Aboard, then the said Justice, who is hereby impowered to give & administer the said Oath before whom such person or persons shall be convicted, shall give & issue out a Warrant under his Hand & Seal to the Marshall or Constable of the Precinct where the Offender shall be convicted, thereby commanding him (upon non-payment of the Fines & Forfeitures aforementioned) to Levy the same by way of Distress & Sale of the Goods of every such Offender—rendering to the Offender (after the Charges of Makeing Distress as aforesaid are first deducted) the overplus of the money raised thereby & in default of such Distress or in case of Insufficiency or Inability of the said Offender to pay the said Forfeitures & Penalties, Then set him, her, or them publickly in the Stocks by the Space of Three Hours.

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XI. And Be it Further Enacted that all Forfeitures ariseing by Virtue of this Act shall be delivered by the Justice (before whom he shall be convicted) to the Church Warden of his parish wherein the Distress shall be made to be paid, one half to the Informer & the other to the Use of the poor, and the said Church Warden to be accountable to the Vestry for the same: Provided that nothing in this Act contained shall extend to the prohibiting of Dressing Meat in Families or Dressing or Sellng Meat in Publick Houses for such as cannot otherwise be provided for; And Provided also, that no person or persons shall be prosecuted or molested for any offence before mentioned in this Act, unless he or they be prosecuted for the same within Ten Days after the Offence committed.

XII. And be it Further Enacted by the Authority aforesaid, that every person who shall be convicted of fornication in the Precinct Court where he or she shall be so convicted, shall for every time so offending be fined the sum of Fifty Shillings, one half for the Informer & the other half to the Church Wardens for the use of that Parish or precinct or to receive Corporal punishment by being publickly whipped at the Discretion of the Court, not exceeding One and twenty lashes; And that every person that shall be convicted of Adultery shall be fined the sum of Five pounds to the uses aforesaid, or to receive corporal punishment as aforesaid. And for the preventing of Charges accruing to the parish or precinct wherein any Bastard Child or Children shall be born.

XIII. Be it Further Enacted that any two Justices of the Peace, upon their own knowledgement or Information made to them, that any single woman is bigg with child may cause such woman to be brought before them & examine her upon her Oath concerning the Father & to cause the man whom she shall accuse to be brought before them & to enter into Bond payable to the Justice of the Precinct Court, for the time being & to their Heirs & Successors, with condition that he shall discharge the precinct or parish of & from the said child & shall also observe & keep such further orders for the maintaining the said Child as the said Court shall see convenient & agreeable. But in case any woman shall obstinately refuse to confess who is the Father of such Bastard Child, or any man so accused shall deny to enter into Bond for discharging the precinct or parish, & for maintaining the said Child as aforesaid, then it shall & may be lawfull for the said Justices before whom he or she are brought, to commit him or her to the safe Custody of the Marshall or his Deputy untill such time as he or she shall be discharged therefrom by the Precinct Court, the Justices whereof are hereby authorized & impowered to inflict such Corporal or other punishment as to them shall seem most reasonable for such contempt.

XIV. And Whereas to the Great Scandall of this Government, many persons from Foreign Parts have come & settled themselves here as man & wife, when by their Actions & Behaviour, or by some knowledge of others, they appear not only to be unmarried to each other, but too often are the husband & wife of others, Wherefore for the further prevention thereof,

XV. Be it Further Enacted that whatever man or woman shall hereafter come into this Government from Foreign Parts & shall here live together as Man & Wife & shall be accused by credible report or Common Fame that they are not lawfully married, such Man & Woman shall be convened before the next Magistrate & by him compelled, within twelve months after, to produce a sufficient Certificate of their marriage, or, at least, that they have been taken & reputed to be Man & Wife in the Government where

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they last resided; otherwise, to be treated as Vagabonds & expelled the Government.

XVI. And It Is Also Enacted that this Act shall be read publickly by the Minister of every parish immediately after Divine Services at least twice every year, viz., on the first Sunday in the months of March & October, & for want of such Ministers by the Clerk of every Precinct Court, at the Courts holden in the months of April & October, yearly during the times of the Court sitting, under the penalty of paying Twenty Shillings for every Default & Neglect

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN'S FOSTER,
T. KNIGHT.

CHAPTER VIII.
(Repealed by Act 4 April, 1741.)
An Act for Establishing the Church & Appointing Select Vestrys.

I. This Province of North Carolina being a Member of the Kingdom of Great Britain; & the Church of England being appointed by the Charter from the Crown to be the only Established church to have Publick encouragement in it; We, therefore to express our gratitude to the Rtt. Honble, the Society for promoting the Christian Religion in Foreign parts, and their Zeal for the promoting our Holy Religion by making such provisions for the building of Churches & Chappels & Maintainance of the Clergy as the Circumstances of this Government will admitt Do pray that it may be enacted, and

II. Be it Enacted by his Excellency the Palatine &c. It is hereby Enacted that this province of North Carolina be divided into parishes according to the Divisions & precincts hereafter mentioned that is to say—Chowan precinct into two parishes, to be divided by Albemarle Sound & Chowan River & shall be distinguished by the names of the Eastern parish of Chowan & the South West parish: Pasquotank precinct into two parishes to be divided by Pasquotank River & shall be distinguished by the names of the North East parish of Pasquotank & the South West parish of Pasquotank. Perquimins, Carrituck & Hyde to be parishes & bounded by the Limits of the several precincts: the remaining part of Pamlico River and the Branches thereof, commonly called Beaufort precinct to be one parish by the name of St. Thomas Parish: And Neuse River & the Branches thereof by the name of Craven parish to which all the Southern settlements shall be accounted a part of the same parish until further Divisions be made.

III. And Be It Further Enacted by the Authority aforesaid that there shall be a Vestry in each & every of the aforesaid precincts & parishes consisting of the Minister of the parish, when any such shall be there resident, & Twelve men whose names are hereafter mentioned.

EASTERN PARISH OF CHOWAN PRECINCT.
The Hon. Chas. Eden, Esq., Mr. Jas. Tayloe,
Col. Edw'd Moseley, Capt. Henry Bonner,
Capt. Fred'k Jones, Mr. John Blount,
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[EASTERN PARISH OF CHOWAN PRECINCT.]
Maj. Thos. Luten, Mr. Saml. Padget,
Capt. Nich. Crisp, Mr. Thos. Garrett,
Mr. Thos. Bray, Mr. John Jordan.

SO. WEST PARISH OF CHOWAN PRECINCT.
Col. Thos. Pollock, John Worley, Esq.,
Col. Wm. Maul, Mr. Lewis Bryant,
Wm. Duckenfield, Esq., Mr. John Holbrook,
Maj. Robt. West, Maj. Robt. Lanier,
Capt. Jno. Bird, Mr. Len'd Sarson,
Mr. Jno. Hardy, Mr. Lewis Williams.

PERQUIMINS PARISH.
Francis Foster, Esq. Mr. Henry Clayton,
Col. Maurice Moor, Mr. Jos. Jessop,
Col. Jno. Hecklefield, Mr. Saml. Phelphs,
Thomas Hardy, Esq., Mr. Rich'd Whidby,
Capt. Rich'd Sanderson Mr. Wm. Kitchmy,
Mr. Jas. Mings, Mr. John Stepney.

SO. WEST PARISH OF PASQUOTANK PRECINCT.
Nathl. Chevin, Esq., Mr. Antho. Hatch,
Col. Thos. Boyd, Mr. Jonathan Jacocks,
Tobias Knight, Esq., Mr. Jno. Palin,
Mr. Jno. Jennings, Mr. Wm. Norris,
Mr. Richard Warren. Mr. Robt. Lowry,
Mr. Edm'd Gale, Mr. — West.

NO. EAST PARISH OF PASQUOTANK.
Thos. Miller, Esq., Mr. Gabl. Burnham,
Mr. Jno. Solley, Mr. Thos. Sawyer,
Mr. Jno. Relfe, Mr. Henry Sawyer,
Mr. Jno. Bell, Mr. Alexr. Spence,
Mr. Saml. Bernard, Mr. Robt. Sawyer,
Capt. Jno. Norton, Mr. Jno. Upton.

CORRATUCK PRECINCT PARISH.
Rich'd Sanderson, Esq., Mr. Foster Jarvis,
Col. Wm. Reed, Mr. Benj. Tull,
Wm. Swann, Esq., Mr. Jos. Sanderson,
Thos. Vandermulin, Mr. Jos. Wicker,
Mr. Thos. Taylor, Mr. Wm. Luffman,
Mr. Wm. Williams, Mr. Wm. Stafford.

ST. THOMAS'S PARISH.
The Hon'ble Chas. Eden, Esq., Capt. Jno. Drinkwater,
Col. Christopr. Gale, Capt. Jno. Clark,
Tobias Knight, Esq., Mr. John Adams,
Mr. Jno. Porter, Mr. Patrick Maule,
Daniel Richardson, Esq., Mr. Thos. Harding,
Mr. Thos. Worsley, Mr. Jno. Lillington.

HYDE PARISH.
Col. Eml. Cleeves, Mr. Wm. Barrow,
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Mr. Jno. Jordan, Mr. Jno. Proctor
Mr. Saml. Slade Mr. Robt. Spring,
Mr. Rich'd Jesper, Mr. Richd. Dane,
Mr. Wm. Cording Mr. Richd. Harvey,
Mr. Henry Slade, Mr. Robt. Green.

CRAVEN PARISH.
Col. Wm. Brice, Mr. Jno. Smith,
Maj. Wm. Hancock, Mr. Jno. Mackey,
Mr. Jno. Nelson, Mr. Thos. Smith,
Mr. Jno. Slocumb, Mr. Jos. Bell,
Capt. Rich'd Graves, Mr. Martin Frank,
Mr. Danl. McFarlin, Mr. Jaco. Sheets.

IV. Which said Vestrymen are to be summoned by the Marshall or his Deputy in each precinct or parish to meet together at the Church, Chappel or Court-House in every precinct, or if there be none, then at such other place as the Marshal shall appoint within forty Days after the publication of this Act. Or if any person or persons appointed by this Act to be a Vestryman shall fail to meet as aforesaid, upon such summons, he & they shall forfeit & pay the sum of Three pounds. And if the Marshal shall refuse or neglect to summons the Vestryman as is before mentioned & appointed he shall forfeit the sum of Twenty Shillings for every Vestryman not summoned.

V. And Be It Further Enacted, by the Authority aforesaid that all & every person or persons who by this Act are appointed Vestrymen within any parish or precinct within this Government shall on or before the Easter Monday next ensuing the Ratification of this Act; and all & every persons who at any time hereafter shall be elected a Vestryman or become a member of any Vestry within the Government, shall within one month after his becoming a Vestryman, or member of any Vestry, before some one or more Justice or Justices of the Peace within that parish or precinct besides taking the Oaths by Law enjoyned make & Subscribe the Declaration following, viz. I, A. B. do declare that it is not lawfull upon any pretence whatever to take up Arms against the King & that I will not apugne the Liturgy of the Church of England as it is by Law established.

VI. And that all & every person who shall neglect & refuse to do the same within the respective times aforesaid shall be deprived of such his place of Vestryman & of being a member of such Vestry to all Intents & purposes, & such places shall be actually void; & if such person is not a known & publick dissenter from the Church of England, he shall also forfeit the sum of Three pounds.

VII. And that from & after such Neglect or refusal it shall be Lawfull for the remaining part of the Vestrymen to proceed to the election or nomination of some other discreet Freeholder of the respective parish, in the Room of such persons so neglecting or refusing as aforesaid. And if such person so to be elected in the Room of such person so neglecting or refusing, shall also neglect or refuse to Make & Subscribe the Declaration & Acknowledgement in Manner & Time aforesaid, In such Cases, if the Vestry shall Not proceed to Election within one month after such Vacancy, then it shall be Lawfull to & for the Present Incumbent (if any) & for want thereof, the Commander in Chief of the Government for the time being, under his hand & seal to select & nominate a discreet Freeholder of the parish in such

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vacant Room, which person so to be elected & nominated, after his making Subscription in manner & time aforesaid, shall be deemed & taken to be a Vestryman or member of such Vestry, as if he had been expressly nominated by the Act.

VIII. And Be It Further Enacted, by the Authority aforesaid that the Vestrymen of every Precinct or Parish, or the greatest part of them shall choose two persons who are Vestrymen to be Church Wardens, who shall continue in that Office one year & no longer unless he or they shall be willing, & then two other Vestrymen shall succeed in the same office for the next year & so, successively, until every Vestryman hath served in the Office aforesaid.

IX. And Be It Further Enacted by the Authority aforesaid that if any person who shall be chosen Church-Warden shall refuse to execute that Office without Lawfull cause, he shall forfeit & pay Thirty Shillings to be levied upon the Estate of the person refusing by Order of the Vestry or greater part of them, to be disposed of for the Use of the parish, upon which such person shall be excused untill his turn come again in course. And the Church-Wardens in each respective parish and their Successors shall have full power to call the Vestrymen together & to appoint the time of their meeting, & in case of their neglect so to do, when Occasion shall so require, it shall be Lawfull for three or more of the Vestry to do the same. And if any Vestryman shall fail to give his Attendance at such time of meeting without Lawfull cause to be allowed & approved of by the Vestry or the greatest part of them, shall forfeit & pay Ten Shillings for every such Default to be Levied & disposed of in manner aforesaid.

X. And Be It Further Enacted by the Authority aforesaid, that the Several Church-Wardens & Vesteries or the greatest part of them shall use their best & utmost endeavour to procure an able & Godly Minister qualified according to the Ecclesiastical Laws of England, & a person of a sober life & Conversation to be Clerk, & to raise for him or them, such Stipends yearly as they shall think convenient, so as such sum or stipend for the Minister be not less than Fifty Pounds yearly; & that in the raising thereof & all other parish charges, the whole do not exceed five shillings per Poll on all the Taxable persons in the parish. Provided allways that such Minister for whom such moneys are to be raised yearly be constantly resident in the parish & do not omit officiating at the Church or Chappel within the parish above One Sixth part of the Sundays in the Year, unless permitted by the Church-Wardens & the Vestry to officiate in the Neighboring vacant parishes.

XI. And Be It Further Enacted, by the Authority aforesaid that the Church Wardens & Vestrymen, or the greatest part of them, in each respective precinct or parish aforesaid & their Successors forever shall have full power & Authority to purchase Land for a Glebe to build one Church & one or more Chappels in every respective precinct or parish aforesaid, as they or the greatest part of them shall think necessary, & the same as often as need shall require to repair & also to provide & take care to satisfie & pay all Parochial Charges out of such Gifts, Goods, & Chattels as shall come to their hands for the Church or parishes Use; towards the payment of which parochial Charges all the Fines & Forfeitures of this Law incurred shall be Levied by the Church-Wardens in each respective precinct or parish & by them accordingly applied.

XII. And Be It Further Enacted by the Authority aforesaid that for the defraying or paying whatsoever charges shall or may from time to time

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arise by force of this Act, or which shall properly be a parish charge, altho' not mentioned in this Act, It shall & may be Lawfull for the several Church-Wardens & Vestryman or the greatest part of them & their Successors in every respective precinct or parish aforesaid to raise & levy money by the Poll so as the same do not exceed Five Shillings by the Poll per Annum: which sum or sums of money so laid equally by a Poll-tax, shall after Twenty days notice given by the Church Wardens to the parishioners be paid by the time appointed for the payment thereof, either at the Glebe Church, Chappel, or at such other place as by the Church-Wardens shall be appointed, under the Penalty of Double Distress to be made by the Church-Wardens on the Goods of such person refusing or neglecting to bring the same by the time appointed.

XIII. And Be It Further Enacted, by the Authority aforesaid, that the Church-Wardens of every precinct or parish aforesaid shall take due care & order that all such sum or sums of money as vestry shall order & appoint be duly raised & applyed & payed to such Uses as by the said Vestry shall be directed for which the Church Wardens shall be allowed on their Ac'ts the sum of Three pr. cent & no more. And if any Church-Warden shall refuse or Neglect to perform his duty therein he shall be obliged to make good & pay all such sum or sums so ordered by the said Vestry to such person or persons as should have had the same had the Taxes been duly levied & paid, excepting Insolvents. And to prevent Illegal & Unlawfull Marriages not Allowable by the Church of England but forbidden by the Table of Marriage.

XIV. Be It Enacted by the Authority aforesaid that no Minister, Priest, or Magistrate (who is hereby impowered to join persons together in Marriage in such Parishes where no minister shall be resident) either upon Licence, or after the persons intending to marry have had the Banns of Matrimony published Three times by the Clerks at the Usual place of celebrating Divine service, by affixing such their intentions at the Court-House door two distinct Courts, shall presume to join together in marriage any person whatsoever contrary to the Table of marriages which the Church-Wardens & Vestry are hereby to cause to be set up in all Churches & Chappels under the penalty of Five pounds: Nor shall any persons forbidden to further marry by such Table of Marriages presume to be joined together in Marriage under the like Penalty of Five Pounds & that no Lay person in any parish where a minister or Priest is resident shall join any persons in Marriage under the Penalty of Five Pounds: One half to the parish for the Use of the poor & the other to the Minister resident or incumbent: And that it shall & may be Lawfull for every Minister to take & receive of every person or persons by him married the sum of Five Shillings & no more. Provided such persons izing such Marriage.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

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CHAPTER IX.
(Substantially re-enacted by Act 16 Oct., 1749.)
An Act for Liberty of Conscience & that the Solemn Affirmation of the People called Quakers shall be accepted instead of an Oath in the usual form.

I. Be It Enacted by His Excellency the Palatine & the rest of the True & Absolute Lords Props. of Carolina, By & with the advice & consent of this present General Assembly, now met at Little River for the North East part of the said province.

II. And It is Hereby Enacted that all Protestant Dissenters within the Government shall have their Meetings for, the exercise of their Religion without Molestation. Provided that the same be Publick & subject to such rules, regulations & restrictions as by the several acts of Parliament of the Kingdom of Great Brittain relating to Protestant Dissenters are made & provided.

III. And whereas divers Dissenters commonly called Quakers refusing to take an Oath in Courts of Justice & other Places are lyable to be imprisoned & their Estates sequestred by Process of Contempts Issuing out of such Courts to the Ruin of themselves & familyes:

IV. Be it Therefore Enacted by the Authority aforesaid that from and after the Ratification of this Act every Quaker within this province who shall be required upon any lawful occasion to take an Oath in any case where, by Law, an Oath is required, shall instead of the usual form, be permitted to make his or her solemn affirmation or declaration in the words following, viz.: I, A. B., do declare in the presence of God, the witness of the truth of what I say. Which said solemn Affirmation or Declaration shall be adjudged & taken to be of the same force & effect to all intents & purposes in all Courts of Justices or other places where, by Law, an Oath is required within this Province as if such Quaker had taken an Oath in the usual form.

V. And Be It Further Enacted by the Authority aforesaid that if any Quaker making such solemn Affirmation or Declaration shall be lawfully convicted wilfully, falsely, & corruptly to have affirmed or declared any matter or thing, which if the same had been in the usual form would have amounted to wilful & corrupt perjury, every such Quaker so offending shall incurr the same penaltyes & forfeitures as by the laws & statutes of the Kingdom of Great Britain are enacted against persons convicted of willful & corrupt Perjury.

VI. Provided & Be It Enacted that no Quaker or reputed Quaker shall by Virtue of this Act be qualified or permitted to give evidence in any criminal causes, or to serve on any Jury, or bear any Office or place of profit or Trust in the Government—anything in this Act contained to the Contrary, in any wise, Notwithstanding,

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

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CHAPTER X.
(Repealed by His Majesty's Order.)
Act Relating to the Biennial & Other Assemblys & Regulating Elections & Members.

I. Whereas His Excellency the Palatine & the rest of the true & Absolute Lord's Proprietors of Carolina, having duely considered the priviledges & immunities wherewith the Kingdom of Great Brittain is endued & being desirous that this their province may have such as may thereby enlarge the Settlement & that the frequent sitting of Assembly is a principal, safeguard of their People's priviledges, have thought fit to enact. And Be It Therefore Enacted by the said Pallatine & Lords Proprietors by & with the advice & consent of this present Grand Assembly now met at Little River for the North East part of the said province:

II. And it is Hereby Enacted that for the due election & Constituting of Members of the Biennial & other Assemblys it shall be lawfull for the Freemen of the respective precincts of the County of Albemarle to meet the first Tuesday in September every two years in the places hereafter mentioned—That, is to say the inhabitants of Chowan at the land laid out, for a Town on the fork of Queen Ann's Creek, The Inhabitants of Perquimans at the upper side of the mouth of Sutton's Creek; the Inhabitants of Pasquotanck at the plantation now in the possession of Mr. Joseph Glaister on New Begun Creek; The inhabitants of Corratuck at the plantation of Mr. Thomas Vandermulin; The inhabitants of Beaufort in Bath Town; The inhabitants of Hyde precinct at the plantation of Mr. Webster's on the West side of Matchapunga River; the inhabitants of Craven at Swift's Plantation at the mouth of Hancock's Creek; The inhabitants of New Bern at the Town so called; And then & there to choose such members as are to sit in the Assembly which shall be Five freeholders out of every precinct in Albemarle County aforesaid.

III. And Be It Further Enacted that it is & may be lawfull for the inhabitants & freemen in each Precinct in every other County or Counties that now is or shall be hereafter erected in this Government aforesaid to meet as aforesaid at such place as shall be judged most convenient by the Marshall of such county, unless he be otherwise ordered by the special commands of the Governor or Commander in Chief to choose two freeholders out of every precinct in the county aforesaid to sit & vote in the said Assembly.

IV. And Be It Further Enacted that the Burgesses so chosen in each precinct for the Biennial Assembly shall meet and sitt the first Monday in November then next following, every two years, at the same place the Assembly last satt except the Pallatines Court shall by their proclamation published Twenty days before the said meeting appoint some other place and there with the consent & concurrence of the Pallatine Court shall make & ordain such Laws as shall be thought most necessary for the Good of this Government. Provided allways & nevertheless that the Powers granted to the Lord's Proprietors from the Crown of Calling, proroguing & dissolving Assemblys are not hereby meant or intended to be invaded, limited or restrained.

V. And It Is Hereby Further Enacted by the Authority aforesaid that no person whatsoever Inhabitant of this Government born out of the allegiance of His Majesty & not made free; no Negroes, Mulattoes, Mustees or

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Indians shall be capable of voting for Members of Assembly; & that no other person shall be allowed or admitted to vote for Members of Assembly in this Government unless he be of the Age of one & twenty years and has been one full year in the Government & has paid one year's levy preceding the Election.

VI. And Be It Further Enacted that all persons offering to vote for Members of Assembly shall bring a list to the Marshall or Deputy taking the Pole containing the names of the persons he votes for & shall subscribe his own name or cause the same to be done: And if any such person or persons shall be suspected either by the Marshall or any of the candidates not to be qualified according to the true intent & meaning of this Act, then the Marshall, Deputy Marshall, or other Officer that shall be appointed to take & receive such votes & list—shall have power to administer an oath or attestation to every such suspected person of his qualification & ability to choose Members of Assembly & whether he has not before given in his list at that Election.

VII. And Be It Further Enacted that Every Officer or Marshall which shall admit of or take the vote of any person not truly qualified according to the purport & meaning of this Act (provided the objection be made by any candidate or Inspector) or shall make undue return of any person for Member of Assembly shall forfeit for such vote taken, so admitted & for such Return Twenty pounds to be employed for & towards the building of any Court House, Church or Chapel as the Governor for the time being shall think fitt; but if no such building require it then to the Lord's Proprietors and Twenty Pounds to each person which of right & majority of votes ought to have been returned: to be recovered by Action of Debt, Bill, Plaint or Information in any Court of Record in this Government wherein no Essoign Wager of Law or Protection shall be allowed or admitted.

VII. And be It Further Enacted that every Marshall or Officer whose business & duty it is to make returns of Elections of Members of Assembly, shall attend the Assembly the first Three days of their sitting (unless he have leave of Assembly to depart) to inform the Assembly of all matters & disputes as shall arise about Elections & shall show to the Assembly the List of the Votes for every person returned & have made complaints of false returns to the Assembly; every Marshall or other Officer as afores'd which shall deny or refuse to attend as afores'd shall forfeit the sum of Twenty pounds to be recovered & disposed of in such manner & form as the Forfeitures before by this Act appointed.

IX. And Be It Further Enacted that whatsoever Member or Representative so elected as afores'd shall faile in making his personal appearance & giving his attendance at the Assembly precisely on the day limited by the Writt (or on the day appointed for the meeting of the Biennial Assembly, when the election is for the Biennial Assembly) shall be fined for every day's absence during the sitting of the Assembly (unless by disability or other impediment to be allowed by the Assembly) Twenty Shillings to be levied by a Warrant from the Speaker & to be applied to such uses as the Lower House of Assembly shall think fitt.

X. And be It Further Enacted that every member of Assembly that shall be elected as aforesaid after the Ratifying of this Act shall not be qualified to sitt as a Member in the House of Burgesses before he shall willingly take the Oath of Allegiance & Supremacy the Adjuration Oath & all such other Oathes as shall be ordered & directed to be taken by the Members of Parliament in Great Britain.

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XI. And Be It Further Enacted that the quorum of the House of Burgesses for voting & passing of Bills shall not be less than one full half of the House & that no Bills shall be signed & Ratified except there be present Eight of the Members whereof the Speaker to be one. And in case that eight Members shall meet at any Assembly those eight shall have full power to adjourn from day to day till a sufficient number can assemble to transact the Business of the Government.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER
T. KNIGHT.

CHAPTER XI.
Coroners Appointed.

I. Be it Enacted by His Excellency the Pallatine & the rest of the True & Absolute Lords Prop's of Carolina by & with the advice & consent of this present General Assembly, now met at Little River for the No. East part of the said province.

II. And It Is Hereby Enacted that there shall be one able & substantial Freeholder appointed to be Coroner in every precinct which now is or hereafter shall be laid out within this government which Officer the Governor & Commander in Chief is hereby Desired, Authorized & Empowered by Commission under his hand & seal to Commissionate & appoint who shall by Virtue of this Act & such Commission granted yr. upon be fully invested with all such powers & Authorityes as to the office of a Coroner by the Laws & Customs of the Kingdom of Great Britain do of right belong or appertain.

III. And Whereas by reason of the distance of Places & difficulties of Passages such charge may accrue to the said Coroner in execution of the powers & Authorityes reposed in him.

IV. Be It Further Enacted that every Coroner so appointed & he is hereby Impowered to take & receive for every Inquest by him made Taken & returned into the Secretary's office (which he is hereby required, directed & commanded within three Months after the date thereof to do) the sum of Sixteen Shillings & Eight Pence for his own Fee.

V. And Be It Further Enacted that each Juryman shall be paid the sum of Twelve Pence pr. Diem & the Constable who summoneth the Jury the sum of one Shilling for every Juryman: the whole to be levied by a Warrant from the Coroner upon the Estate of the party on whose body an Inquest shall be taken if any such can be found otherwise such Charges to be paid out of the Public Treasury.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

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CHAPTER XII.
An Act for Qualification of Public Officers.

I. Whereas many Inconveniences may arise for want of Security being given by persons holding Offices in this Government for the faithful discharge of their Offices:

II. Be It Enacted by His Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of Carolina by & with the advice & consent of this present General Assembly now met at Little River for the No. East part of said province & the authority of the same.

III. It is Hereby Enacted that no person or persons other than such as are Commissionated by the True & Absolute Lords Proprietors of Carolina shall execute all or any the Offices of Profit or Trust within this Government till he has given Bond with sufficient Security within this Government for the faithful discharge of his Office which shall be taken payable to the Lords Props. their Heirs, Successors or Assigns & shall be entered upon record in the Council Book & the Original lodged in the Secretary's Office for the time being.

IV. And Be It Further Enacted by the Authority afores'd that whosoever shall after the Ratification of this Act execute any Office or place of Proffit or Trust within this Government contrary to the true Intent & meaning of this Act or without having first taken & subscribed the several Oaths which by the Laws & Statutes of the Kingdom of Great Brittain are & ought to be taken by all persons qualifying themselves for Post of Proffit & Trust within the said Kingdom shall forfeit & Pay Twenty pounds current money of this Province for each Month he shall so execute the same, to be recovered by Bill, Plaint, or Information, in any Court of Record within this Government one half to the Informer & the other half to the Vestry for the use of the Precinct or Parish where such default shall happen to be wherein no Essoign, Protection, Injunction or Wager of Law shall be allowed or admitted of.

V. Provided allways that this Act shall not be construed, adjudged & taken to debar & hinder any Officer or Officers lawfully possessed of his Office & otherwise qualified so to do from constituting one or more Deputies as the nature of the Office may require; Anything herein before to the contrary Notwithstanding.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. WRIGHT.

CHAPTER XIII.
(Repealed by Act 4 April, 1741.)
An Act to Appoint Constables.

I. Whereas the regular appointing of Constables within the province is a matter of considerable consequence not only for the speedy & due performance of the several trusts reposed in them by the Acts of the General Assembly of this province but also for the more effectually preserving the King's peace & the better executing of all laws & Statutes made in order thereto.

II. Be It Enacted by His Excellency the Pallatine & the Rest of the

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True & Absolute Lords Propriets. of Carolina by & with the advice & consent of this present General Assembly now met at Little River for the No. East part of the said Province & the Authority of the same.

III. And It Is Hereby Enacted that the Justices of the Several Precinct Courts which now are or hereafter shall be Commissionated & Appointed within this Province shall yearly, & every year, at the next Court following after the first day of January make choice of so many discreet men of the same precinct to be Constables for the year Ensuing as they shall think necessary according to the bigness of the precinct: to which said constables so nominated & Appointed shall be administered all the necessary Oaths for the Qualification of Publick Offices together with the Oath next following, viz. You shall swear that you will keep the Peace of our Sovereign Lord the King well & loyally to your power, & that you will arrest all those that make Contest, Riott, Strife or Affray in breaking of the said peace; that you will faithfully & without delay Do & Execute all lawful Precepts to you directed, & to the best of your Knowledge demean yourself as by the Laws & Statutes of the Kingdom of Great Britain & the Acts of Assembly of this Province you shall be required.

IV. And Be It Further Enacted by the Authority Aforesaid that each & every Constable so nominated, elected & sworn, shall be & he is Hereby invested with all such Power, authority & immunities as to the same officer within the Kingdom of Great Britain does of right belong or appertain.

V. And Be It Further Enacted that upon the Death or Removal of any Constable out of the precinct where he was so nominated & appointed the said Justices or any two of them may elect & swear another new one to continue till the next Court after such death or removal, at which Court the said Justices are hereby required & directed to make choice of another or continue him that was so before appointed.

EDW'D MOSELEY Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. WRIGHT.

CHAPTER XIV.
>(Repealed by Act 5 Dec., 1746.)
An Act relating to the Justices Court of Pleas, & to prevent the Commissioners & other Inferior Officers of the said Courts pleading as Attorneys.

I. It Enacted by His Excellency the Pallatine & Lords Proprietors of Carolina by & with the advice & consent of this present General Assembly now met at Little River for the No. part of the said province.

II. And It is Hereby Enacted that from henceforward there shall not be at one time more than one of the Lords Proprietors Deputies Commissionated to sitt as Judge or Justice in the General Court nor more than one of the said Deputies or Justices of the General Court commissionated to sitt or Act in any of the Precinct courts of this Government.

III. And Be It Further Enacted by the Authority aforesaid that no Commisrs, Sheriffs, Under-Sheriffs or Clerks of any Court within this Colony shall be permitted to plead as an Attorney in the Court where he officiates under pain of being fined the sum of Ten pounds—one half to the informer

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& the other half to the use of the Publick (except it be in his or their own Cause or as Genl. Attorney, for persons out of the Government.

III. And Provided Also that this Act nor any thing therein contained shall not be construed or Adjudged to prevent or hinder any one of the Commrs. of any Court being assigned by the Court to plead the cause of any person hereafter to be admitted to sue in forma pauperis—such Commr, or Comrs. not giving judgment in the said cause, any thing herein before contained to the Contrary Notwithstanding.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRANCIS FOSTER,
T. KNIGHT.

CHAPTER XV.
(Repealed by Act 5 Dec., 1746.)
An Act Ascertaining the Time & Method for the Executing & Return of Original Writts & For the Better Regulating divers proceedings in the Court of Pleas.

I. Be It Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Proprietors of Carolina by & with the advice & consent of the Genl. Assembly now met at Little River for the No. East part of the s'd prov.

II. And It Is Hereby Enacted that the Provost Marshall or His Deputy of any County or precinct within this Governt. shall on receipt of any Original Writt or Other Legal Process to him directed, make immediate service & Execution thereof upon the body of the Defendt, wherever to be found within his Liberty & at the time of Executing such Writt or Process shall take Bond with two good & sufficient securities for double the value for which the party shall be held in arrest: And that the Defendt. shall make his appearance at the next Court ensuing the Executing of such Process, & shall then & there make answer to the Pltfs Declaration & abide by the judgment of the Court thereon & not depart the Court without License.

III. And Be It Further Enacted that if the Defendt. make Default in not appearing according to the purport of the said Writ or Process; Judgment shall then pass against the Securitys for the Thing in Suit with Stay of Execution till the next Court: And in case the said Marshall shall neglect taking such security, or shall not return the Bond so taken, or shall take Insolvent Securitys, then & in such case the Pltf. shall be at his choice either to have an Order against the Marshall with Stay also of Execution till next Court or an Attachment against the Defdts. estate as before is granted against the Securitys (if taken) & in default of Appearance the next Court the first Judgment or Order shall be affirmed.

IV. And Be it Further Enacted that in all such cases as the Pltf. shall make choice of an Order against the Marshall the said Marshall shall upon Motion have an Attachment against the Estate of the Party Not Appearing & Judgment thereupon for all Damages & Cost which shall any wayes Accrue to him by Virtue of the said Orders being Confirmed against him & also the sum of Four Shillings and Two Pence as a Fee for the said Order

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being granted against him which said fee shall be hereby charged to the Defdt. & not the Pltf as formerly.

V. Provided always & it is the true Intent & Meaning of this Act that no Judgment shall be affirmed either against the Securities taken or against the Marshall or Against the Defdt. upon Non Appearance after Attachmt. returned until the party Pltf. (if in Action by Bill, Bond conditioned for payment of Money or Book-debts or such like wherein no imparlance at any time hereafter shall be granted without special reasons to be admitted of by the Court) shall by his own Oath or the Oaths of other Evidences make sufficient proofs of the said debt, & if in any other action than a Writt of Inquiry shall be awarded returnable to the first day of the next Court which Writt so returned shall be executed in open Court & Judgment thereupon given for what shall thereby be found in Damages & for Cost to be then taxed by the Court.

VI. And Be It Further Enacted that if the Marshall or Deputy shall neglect of executing of any Writt or Writts Issuing out of the General Court which shall be delivered to him Twenty days before the Court's sitting & likewise all & every Writt & Writts issuing out of the Precinct Court which shall be delivered Ten dayes before the said Court's sitting that then the said Marshall or his Deputy to whom the same shall be delivered shall for every such Neglect at the Motion of the Pltf. proving such delivery be Amerced to pay to the party grieved all such Cost as have Accrued to Him by the taking out of such Writt or Process unless the said Marshall or Deputy shall give such sufficient reasons to the Court for such his neglect as thereby the said Court shall approve such Amerciament to be unreasonable.

VII. And Be It Further Enacted by the Authority afors'd that if any person shall abscond or withdraw himself to prevent the executing of any Writt or Process upon his Body in manner as it is before directed by this Act that then it shall & may be lawfull & the said Provost Marshall or his Deputy is & are hereby required & directed to repaire to the House or place of the Deputy's abode & there to leave a true copy of the Writt & Declaration attested by himself with any person of the same family which Writt so served & returned shall be adjudged & taken to be a Lawfull arrest & in case the party so arrested shall not appear & Answer at the next Court Attachment shall be awarded against his Estate & in default of appearance at the second to Replevin the Attachment then such proceeding may be had thereon as are before in this Act described.

VIII. And Be It Further Enacted by the Authority aforsd. that upon suspicion of any person's Intention to remove out of the Country where he dwells in order to conceal or withdraw himself out of the Country any Justice of Peace may at the prayer of any party Pltf. Issue out an Attachment against so much of the Defts. Estate as by the claim made shall appear to be due to any Creditor repleviable upon security given; which Attachment when executed shall be returned by the Officer executing the same to the Court whereof the said Justice is a Member which Return shall be the leading process of that Action. Provided always that the said Provost Marshall, nor his Deputy, nor any person or persons whatsoever shall serve or execute, or cause to be executed or served, any Writt, Process, Warrant, Order, Execution or Decree, (except in cases of Treason, Felony,, or Breach of the Peace) upon the Sabbath Day, the 30th of January & the 22nd day of September nor at the dayes of Genl. Muster or Election of Burgesses nor at any Court within this Government, during the sitting of the Court, nor the day the next preceding the Opening of the Court, or the day following its

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conclusion unless it be on the Bodys of such persons as have no business at all which may require their attendance at that Court and the person or persons so serving or Executing the same shall be Liable to the Suit of the Party Grieved & to Answer Damages to him for so doing as if he had done the same without any Writt, Warrt., Order Execution or Decree at all.

IX. And Provided Also that all Writts & Process issuing out of the Genl. Courts shall be Executed within Ten Days before the sitting of the court to which such Writts are Returnable and all Wiritts Issuing out of the Precinct Courts be Executed at least Five dayes before the Courts Sitting & Declarations delivered thereupon, otherwise such Process & service to be Void & the Action or Actions to be Dismissed with Costs.

X. And Be It Further Enacted by the Authority aforesd. that in all cases where the Pltf. shall be Non-Suite or where a Verdict shall pass for the Debt, the Pltf. except he sue as Executor or Adminr. shall pay to the Defdt. if the suit was in the Genl. Court Eight Shillings & Four Pence & if in the Precinct court Four shillings & Two pence besides all other Cost & shall be Barred all other Action or proceeding in that Case untill the same be paid.

CHAPTER XVI.
An Act to Direct the Method to be observed in the Examination & Committment of Criminals.

I. Be It Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Props. of Carolina—by & with the advice & consent of this present Genl. Assembly now met at Little River for the No. east part of the said province.

II. And Be It Hereby Enacted that from henceforward no person within this province shall be committed to prison for any Criminal Matter until Examination thereof be first had before some Magistrate, which Magistrate before he shall sign a Mittimus or shall admit the party to Baile (if Bailable) shall record the Examination of the Party & also the full matter given in evidence both against and for him with all concurring circumstances & shall take recognizance with good Sufficient Security to our Sovereign Lord the King for the Informer to appear & prosecute as the Laws of the Kingdom of Gt. Britain do direct & Likewise for all evidences for the King to appear & give evidence against the Criminal at the next General Court ensuing such Committment, which Examination & Recognizances so taken shall be returned to the Office of the Court wherein the Matter is Issuable under the Penalty of Five Pounds for every Neglect; one half to the Lords Props. & the other half to him or them that shall sue for the same to be recovered in any Court within this Government by action of Debt, Bill or Information wherein no essoign protection, Injunction or Wager of Law shall be allowed or admitted of.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

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CHAPTER XVII.
(Repealed by Act 5 Dec., 1746.)
An Act Concerning Evidences.

I. Whereas Divers inconveniences accrue to the Inhabitants of this Government for want of a due & regular method in compelling witnesses to attend & give their Evidences at the Court or Courts & at the time or times they are legally summoned to appear:

II. Be It Therefore Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Props. of Carolina by & with the Advice & Consent of the Genl. Assembly now met at Little River for the No. East part of said province, that all persons legally summoned to give evidence shall be allowed for the comeing to & going from the Court whereto they were summoned Twenty Pence per Diem (for the number of those days to be reasonably Adjudged of by the Judges of the said court) & for the time they shall attend these until they have given their evidence Two Shillings & Six pence pr. Diem for payment of which said several allowances Judgment shall be given by the Judges of the said Court against the party on whose behalf they were summoned upon Motion made to the said court for the same. And that the charge of suit may not be increased by more Evidences than are needfull there shall not be allowed in a Bill of Costs more than three Witnesses to one Action unless for several matters Incident thereto which severally may require the attestation of two witnesses.

III. And Be It Further Enacted that if any Marshall or his Deputy shall come to any person's Dwelling-House or place of most usual Residence & Abode within this Govnmt. lawfully to summon him, them or any of them thereto belonging or Residing to give evidence in any Court in this Governmt. & not finding the persons at home shall at their respective Dwelling-House or place of Residence as aforesaid at least Tenn dayes before the sitting of the Court leave a true copy of the summons with any person of the Family it shall stand good in Law & the person thereby bound to appear: Provided the Officer shall declare upon his Oath his Lawfull proceedings therein.

IV. And Be It Further Enacted by the Authority aforesaid that all Subpoenas for summoning of Evidence shall have the Penalty of One Hundred Pounds for the Evidence's Non-Appearance inserted in the Same which Penalty shall be to make good all such Damages as shall be Adjudged by the Court to accrue therefrom to be immediately granted without other process by Execution & paid to the Party to whom such evidence was summoned: Provided such evidence do not within Thirty days after Sitting of the Court whereto he was Summoned give sufficient reason upon Oath to the First in Commission of the Court for such his non-appearance at Court. And Further that if any Witness being duly summoned as afores'd to give Evidence in any Cause shall refuse to declare it on Oath He or She shall be committed to the Custody of the Marshall or Dep. & here remain till such time as He or She will & shall declare it upon Oath.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

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CHAPTER XVIII.
(Repealed by Act. 5 Dec., 1746.)
An Act for the Relief of such Creditors whose Debtors having Lands in this Government depart without leaving Personal Estate sufficient to pay their Debts.

I. Whereas divers persons possessed of Estates in Lands in this Governmt. having contracted Debts depart without leaving Personal Estate sufficient to discharge the same & there not being suitable provision made whereby the Lands may be subject to satisfy such creditors: for remedying whereof & that such Lands may not lye unoccupied & the Country unsettled:

II. Be It Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Props. of the province of Carolina by & with the Advice & Consent of this present Genl. Assembly now met at Little River for the No. East part of the Province & by the Authority of the Same.

III. And It Is Hereby Enacted that in all such cases where any Creditor shall take out any process against any Fugitive Debtor & upon a “non est tnventus” returned, on the same process as Attachment shall be granted the next Court & a “Nulla Bona” returned thereon for want of Personal Estate. Upon that Return the Creditor shall proceed to prove his Debt upon Oath, Upon which Proofe so made before the Court & if the Debt shall Exceed the sum of Five Pounds the Court shall Proceed to give Judgment & Execution for the Debt with Costs of Suits & Damages.

IV. And Be It Further Enacted by the Authority afores'd that if the Marshall or his Dept. shall return “Nulla Bona” upon the Execution the Court shall nominate Six Freeholders who on their Oath shall value the Lands or Plantations of such Debtors or so much thereof as shall satisfy the debts with costs of Suit & Damages, & upon Return of such their Appraisment the Court shall order the same to the Creditor at that rate in Fee Simple which Order shall be a Good & Sufficient Title to the Creditor & his Heirs & Assigns against the Debtor & his Heirs, Any sale of such lands made in foreign parts, Act, Law, Usage or Custom to the Contrary thereof in any wise notwithstanding.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XIX.
An Act concerning Escapes of Persons under Execution.

I. Whereas divers persons under Execution are often times suffered to go at large by the Provost Marshall of the Several Countys within this Government sometimes by Mainprize or by Baile & sometimes without—with an Attendant under pretence of a keeper & to travell into the Countys Abroad about their Merchandizes & other their business without their assent at whose Suite they be in Execution & without any other agreement thereof made whereby the Law is rendered Ineffectual & the Subject deprived of his comeing to his right & Recovery against such Prisoners to the great Mischief & undoing of many people.

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II. Be It Therefore Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Proprs. of Carolina by & with the Advice & Consent of this Present General Assembly now met at Little River for the No. East part of said province.

III. And It Is Hereby Enacted that Prisoners under Execution shall be confined to the Provost Marshall's house which is hereby declared to be the County prison until sufficient Gaols are built & prepared & that from henceforward no Prisoner there being under Execution as afores'd, shall be permitted to go out of such prison further than the Limits of his fenced lands by Mainprize, Baile or with a Keeper or any other pretence whatsoever without Satisfaction first made to the party Pltf. of that whereof the Prisoner was Adjudged unless by Writt or other Commandment of the court or special Leave or Licence from the Party Pltf.

IV. And Be It Further Enacted that if any Provost Marshall or his Deputy shall from henceforwards suffer or permit such prisoner to go out at large contrary to the true Intent & meaning of this Act the Party Pltf. shall have their remedy against the same Marshall.

V. Provided Allwayes & It Is Hereby Enacted that if any Prisoner as afores'd before such sufficient Gaols are built & prepared shall make his escape from the Marshall's house & such Marshall who is hereby Impowered so to do, shall pursue such prisoner with Hue & Cry to the utmost bounds of the Government & on Recovery of him shall secure him in Irons. Or if it shall be found that such Prisoner hath actually escaped the Governmt. the said Marshall shall forthwith take out a “Fieri Facias” without any leading proceedings against the Estate of the Prisoner so escaping & the same shall Execute in behalf of the Pltf. if any Estate can be found that then & in such case the said Marshall shall be Adjudged to have done his duty therein & shall be Acquitted from any Action or Actions accruing to the Pltf. by virtue of this Act.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XX.
An Act to direct the disposal of Goods upon Execution & for the better Regulation of Distresses hereby to be made for Levys & Quit-rents.

I. Be It Enacted by His Excellency the Palatine & the Rest of the True & Absolute Lords Props. of Carolina by & with the advice & consent of this present Genl. Assembly now met at Little River for the No. East part of said province & the Authority thereof.

II. And It Is Hereby Enacted that in all cases whatsoever where any Goods & Chattels shall be taken upon Execution Granted or hereafter to be Granted out of any Court or by Distress for Taxes & Quitt-Rents the same shall remain in Custody of the Provost Marshall or his Deputy Constable or such other persons levying or making Execution or Distress for & dureing the space of Ten dayes at the termination of which time (if they are not before redeemed by the person from whom they were taken) they shall be appraised by Four Substantial Freeholders of the County; two to be chosen

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by the Party from whom they were taken & the other two by the Party that is to be possessed of the same & in case it happen that both or either Party or Partys shall not make such choice as above said then the said Marshall or his Deputy Constable or other person Levying or Making such Execution or Distress shall make choice in behalfe of him, her or them which shall so neglect to make choice & if the Appraisers so nominated & appointed (being first sworn before some Magistrate) cannot agree in their Appraism't. Then the said Appraisors or any three of them shall & they are hereby Impowered & Required to choose an Umpire who (also being sworn as aforesaid) shall Determine the Matter. And the property of such Goods so Appraised shall forthwith be in & for the Party for whom they were taken he or they returning the Overplus (if any be) to the Person whose Goods or Effects shall be so taken in Execution or Distrained upon & Appraised after the original debt with all accrueing Costs are satisfied & payed out of the same.

III. Provided allwayes that in cases where the sum taken by Execution or Distress shall not exceed Fifty Shillings there shall be only Two Appraisers to be equally elected & nominated as afores'd.

IV. And Be It Further Enacted by the Authority afores'd that the Provost Marshall or his Deputy after Execution Levied shall make Return of the Execution to the Court that granted it, there to be entered upon Record that so the Satisfaction as well as the Judgment may be Apperently proved if need require.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XXI.
(Repealed by His Majesty's Order in Council.)
An Act concerning Attorneys from Foreign Parts & for giving Priority to Country Debts.

I. Forasmuch as the Relieving & Remedying such persons as shall be Impleaded in Vexatious Actions by Virtue of Foreign procurements & the preferring & paying Country debts before others must necessarily be of great Use & Benefit to the Inhabitants here.

II. Be It Therefore Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Props. of Carolina by & with the Advice & Consent of this present Genl. Assembly now Met At Little River for the No. East part of the said Province.

III. And It Is Hereby Enacted that no Attorney shall by Virtue of any power out of any of his Magisty of Great Britains Dominions or from any other place be allowed or admitted to implead or prosecute any Action or Actions for debts contracted in Foreign parts against any of the Inhabitants of this Country until such Attorney has first entered into Bond in the Penal sum of Twenty Pounds with good & sufficient Securitys payable to the Chief Judge or President of the Court in which such suit or suites shall be commenced & to his Heirs, & Successors or Assoigns for the payment of all such Cost & Damages as the Court shall award Which said Bond & Security

-------------------- page 24 --------------------
the Clerke of that Court whereout the first process Issued is hereby strictly required & commanded before the Issuing out of such Process to demand & take & the same to produce in Court at the Tryal otherwise, & in case of his Default or neglect of taking the aforesaid Bond & Security And Judgment be given for the Dfdt. then the said Court without any leading process shall order Judgment to be immediately Entered against the said clerke & Execution taken thereupon for all such Costs & Damages as the Court shall adjudge to the said Defdt.

IV. And Be It Further Enacted by the Authority aforesaid that if any Foreign debts of what kind soever shall be sued for as aforesaid or otherwise in any Court of Record in this Government & Judgment obtained thereupon; Yet neither Pltf. in such Action nor his Attorney nor any other person for him shall have Execution granted out on such Judgment untill all Actions & Suits then depending in any of the said Courts against the same Defdt. or Defdts. at the suit of any of the Inhabitants of this Colony shall be Determined, Paid & Satisfied or Otherwayes Discharged within such reasonable Time or Times as the Court that shall have the last Determination thereof shall think fitt to order And also untill all other debts that shall within Six Months after the said Judgment Granted be Legally made appear to be actually due from the said Deft. or Defts. to any of the Inhabitants of this Colony at the time of such Foreigners commencing his suite & shall be likewise Discharged, Paid & Satisfyed according to the Clause above said And in case of any longer neglect or delay than the time to be prescribed by the Court as aforesaid or the said Six Months in any of the afores'd premises be made by the said Inhabitants Pltf. or Pltfs. Creditor or Creditors; Then it shall & may be lawfull for the said Foreigner his Agent or Attorney to take out Execution on the said Judgment & the same to be Executed accordingly: Any cause matter or thing in this or any other Act or Acts contained to the contrary thereof to the contrary notwithstanding.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XXII.
(Repealed by Act 5 Dec., 1745 , except sections 9 & 10.)
An Act concerning Appeals & Writts of Error.

I. Be It Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Props. of the Province of Carolina by & with the Advice & Consent of this present General Assembly now met at Little River for the No. East part of the said Province & by the Authority of the same.

II. It Is Hereby Enacted that from & after the Ratification of this Act where any person or persons either Pltf. or Dfdt. in any Inferior Court of this Governmt. shall give Security in the same Court for prosecuting an Appeal from the Sentence of Judgment passed against him or them, such Court shall not proceed to grant Execution but shall stop all further proceedings in the said court till the same be determined in the Superior Court to which Court both Parties are to give their attendance without any other notice or process.

-------------------- page 25 --------------------

III. And Be It Further Enacted by the Authority afores'd that upon such security given either by the Pltf. or Defdt. for prosecuting Appeals from any Inferior Court the Justices of the Court shall immediately cause the Clerke to transcribe the whole proceedings of the same Court relateing to the Cause & certifye the same to the Court where the Appeal is to be tried under the Penalty of Fifty Pounds to be paid by the Justices & the sum of Five pounds to be paid by the Clerke if he shall neglect to do his duty one half to the Church wardens & Vestry for the use of the Parish & the other Halfe to the Party injured: And if upon tryall of the same Appeals the Appellant shall not appear Or if after Appearance the Judgment of the Inferior Court shall be Confirmed the Party Appellant shall pay to the Party Injured Five per Cent over & above the Original Judgment & costs for such his Vexation.

IV. And be It Further Enacted by the Authority afores'd that where any person or persons shall sue out a Writt of Errour from the General Court to reverse any Judgment passed in any of the Inferior Courts of this Government the Party Desueing such Writt of Errour shall give security for prosecuting the suit with effect before the same is granted & shall File Errours Thirty dayes before the sitting of the Genl. Court.

V. And Be It Further Enacted by the Authority afors'd that the Defdt. to any suit commenced by Writt of Errour shall not be compelled to appear & Answer the next Court after he is served with the Writt unless such service was made at least fifteen dayes before the sitting of the Court but shall have Liberty till the next Court following. And if the Defdt. to any Appeal or Writt of Error shall faile to make his appearance after he has had fifteen dayes notice by service of the Writt the former suit or Judgment upon which such Appeal or Error is brought shall be Quashed on the Motion of the Party Appearing & requesting the same.

VI. And Be It Further Enacted by the Authority afors'd That upon any Judgment given or to be given in the Genl. Court if either Party shall think the proceedings are erroneous the Court (upon Motion) shall order a day the Court next following for hearing such errors & shall give notice of the same to both Parties.

VII. And Be It Further Enacted by the Authority afors'd that where any Judgmt. shall be given in any Court of this Government it may happen that the Marshall cannot make Execution of the Judgment within the Jurisdiction of that Court where the Judgment was given, Upon a Return of such Judgment to the Genl. Court Execution shall be granted thereon by the Genl. Court to be Executed in any part of the Government.

VIII. And Be It Further Enacted by the Authority afors'd that upon any Appeale or Writt of Error or upon any Motion in Arrest of Judgment No advantage or Exception shall be taken of or for any Imperfection, Omission or Defect but such as are especially & particularly set down as Error but the court shall give Judgment according to the very Right of the Cause.

IX. Provided that the Attorney for the Pltf. in any Action or suit shall file his Warrant of Attorney with the Clerke of the Court where the Cause is depending the Court after the Declaration is filed & the Attorney for the Deft. shall file his Warrant the same term he appears under the Penalty of Fifty Shillings.

X. And Be It Further Enacted by the Authority afors'd that in case any suit or Matter shall arise in the court of Chancery where the Governor or commander in Chief of this Govermt. for the time being may be a Party or Interested therein, It shall & may be lawfull for any Four of the Members

-------------------- page 26 --------------------
of that Court to sitt & Act therein as tho' the said Governor or Commander were present & not any wayes Interested or a Party therein.

XI. And Be It Further Enacted by the Authority afors'd that from & after the Ratification of this Act every member of the Council or Lords Props. Deputys shall upon his entering into that Office & before he Presume to give his opinion or determination in any cause that shall come before him take an Oath that he will do right to all manner of persons according to the best of his Judgment & understanding of the Laws & Usages of the Kingdom of Gt. Britain under the Penalty and Forfeiture of One Hundred Pounds for every Month he shall neglect or refuse to take the same: One half to the Lords Proprietors the other halfe to him or them that shall sue for the same to be Recovered by Action of Debt, Bill, Plaint or Information in any Court of Record in this Governmt. wherein no Essign, Injunction, Protection or Wager shall be allowed or Admitted. And whereas for want of a sufficient number of justices meeting on the last Tuesday in October last the Commission for holding the Genl. Court is become Void & unless provision be made for continuance of such suits & Actions as were Returnable to that Court divers persons may be very much injured.

XII. Be It Therefore Enacted by the Authority afors'd that all suits & Actions whatsoever which were depending in & Returnable to the Genl. Court which was to be held the last Tuesday in October the same shall be continued till the next Genl. Court to be held the last Tuesday in March next; And all persons whatsoever concerned in any suits or Actions are hereby required to give their Attendance at the, next Genl. Court any failing in the s'd Justices of the Genl. Court not meeting on the last Tuesday in Oct. last or any other defect in the said Commission notwithstanding.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XXIII.
(Repealed by Act 6 Mar., 1738, chap. 6.)
An Act to prevent the Inhabitants of Bath County bringing Actions in the Genl. Court Against One another for less than Ten Pounds.

I. Whereas to the great prejudice & utter impovishing of divers people Inhabitants of the County of Bath by means of the remoteness of their habitations very many Actions have been sued & prosecuted in the Genl. court of this Province for Matters Cognizable in the Precinct Courts thereby persons Pltf. Inhabitants of & residing within the said County whose particular Business has required their presence at the Genl. Court & consequently Their Attendance no detriment or hindrance to their private affairs, for prevention of the like malicious & unreasonable practice for the future.

II. Be It Enacted by his Excellency the Pallatine & the Rest of the True & Absolute Lords Props. of Carolina by & with the Advice & Consent of this present Genl. Assembly now met at Little River for the No. East part of said Province & the Authority of the same.

III. And It Is Hereby Enacted that no Original Action shall be admitted to be Entered, Sued or Prosecuted by any person or persons whatsoever Inhabiting

-------------------- page 27 --------------------
or Residing in the afors'd County of Bath against any Party or Partys Defts. Inhabitants likewise within the said County in the Genl. Court of this province for any sum or sums of money less than Tenn Pounds: But all & every such Action & Actions shall be Issuable, Tryable & Determinable in some one of the Precinct Courts within the said County of Bath & in no other Court of Pleas whatsoever. Provided allwayes that this Act nor any thing therein contained shall be construed, adjudged & taken to debarr any person or persons Pltfs. or Defts. of their Right of Appeal from the Judgment or Order of any of the Precinct Courts aforementioned either to the Court of Chancery or Genl. court any thing before in this Act to the Contrary notwithstanding.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XXIV.
(Repealed by Act 4 April, 1741, ch. 15.)
An Act for the Tryal of Small & Mean Causes.

I. Whereas the Charges in the Genl. Precinct Courts of this Governmt. in many Actions of small value do very often surmount the demand of the Pltfs. to the very great damage of the Partys.

II. Be It Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Props. of the Province of Carolina by & with the Advice & Consent of the rest of the Members of this Genl. Assembly now met at Little River for the No. East part of the said province.

III. And It Is Hereby Enacted by the Authority of the same that any two or more Justices of Peace, whereof one shall be of the Quorum, are hereby Impowered by their warrant under their hands & Seal directed to some one of the constables, in all actions of debt or other Demands whatsoever for any sum or matter to the value of Forty Shillings or under (which Actions are Hereby made Issuable, Tryable & Determinable only before two justices of the Peace, whereof one shall be of the Quorum as afors'd, and in no Court of Pleas or Judicature whatsoever) cause to be apprehended & brought before them any person or persons which have & do refuse or neglect to pay any Creditor complaining of his or their debt or debts or demands afors'd with all witnesses which are required by either Pltf. or Deft. for the better Proof Clearing & Opening the Actions afors'd & after both Partys with witnesses if any be required before them are come to Examine, Hear, Trye, Adjudge & finally Determine all Complaint & Action of Debts or Demands as afors'd before them brot. And the said Justices are hereby Impowered in case Witnesses or other Reasonable or sufficient Proof are not & cannot be produced to prove any debt Matter or thing which shall or may be brought before them as afors'd to take the Party or Partys Oath or Oaths complaining touching all matters that shall be in dispute which Oaths shall be first proposed or given to the Dft. or Dfts. & upon his or their refusal to take an Oath & answering to such questions as shall be demanded by the s'd Justices relating to the s'd cause then the Justices shall have power to examine the

-------------------- page 28 --------------------
Pltf. or Pltfs. on his or their Oaths & Adjudge & Determine all matters afors'd according to Justice & Equity: And after Determination, Execution upon the Goods & Chattels of the Dft. to the full value of the debt due & the Costs and Charges hereafter in this Act provided to be paid to cause to be Levied & for want of Goods & Chattels the Bodys of the Deft. or Defts. to the common gaol to Committ until he or they shall pay his or their debts as afors'd according to the practice of the Court of Pleas.

IV. And It Is Hereby Enacted that all & every Constable or Constables shall cause all Goods & Chattels taken in Execution by Virtue of this Act to be kept in safe Custody Three dayes after they be taken in Execution & the Owner or Owners of all such Goods shall have Three dayes time to satisfy the said Debt & Costs: And upon delay or denial then all such Goods taken in Execution as afors'd to be Appraised by Two or more of the Neighboring Freeholders upon Oath & the Overplus (if any be) to be refunded to the owner.

V. And It Is Hereby Enacted that all Original Warrants granted by Virtue of this Act shall have Incerted & plainly signified the name or names of the Pltf. or Pltfs. the Debt demanded & whether by Bill Accompt Assumpsit or otherwise due.

VI. And Be It Further Enacted that the said Justices or their Clerke shall for each Warrt. receive Fifteen Pence & that every Constable for every Original Warrt. Executed shall be allowed Fifteen Pence & for every Subpoena Seven Pence half penny, for every Execution Fifteen pence & that all possible means may be used for the paymt. of the Pltf. or Pltfs. after Execution obtained against the Body of the Dfdt. or Dfts.

VII. It Is Hereby Enacted that the Justices have power & they're hereby Impowered in such cases where they shall judge the Dfdt. not worth the debt recovered as afors'd, Then & not otherwise by & with the consent of the Dfdt. or Dfts. him or them to hire to labour at so much per diem as either the Pltf. or any person will allow untill the whole debt by the produce thereof be paid which produce the Justices are hereby required to cause to be employed to no other use but paying of debts as afors'd.

VIII. And Be It Further Enacted by the Authority afors'd and it is the true Intent & Meaning of this Act that any persons who remain indebted by any Bond, Bill, Specialty, Acct., Contract, Agreement, Assumpsit or otherwise howsoever to the sum of forty Shillings or under shall only be sued & Tryed before Justices of the Peace in Manner & form afors'd, as if the Original Debt or Demand had been under the same sum of Forty Shillings. And Be It Further Enacted that every person which shall bring any Action or Suit within any Court within this Part of this Province for more than Forty Shillings & thereupon shall have Verdict for less than Forty Shillings shall lose his Cost of Suite Except in Actions of Trespass & Actions of Defamation.

IX. And Be It Further Enacted by the Authority afors'd that for the more speedy doing of Justice where the Debt or Demand shall be under Twenty Shillings any one of the Justices of the Peace shall have full power & Authority to Heare, Trye & Determine all such causes in such manner & form as is before in this Act provided for Two Justices where the Debt or Demand shall amount to the sum of Forty Shillings. And all Constables to whom either Original Warrant, Subpoena, Summons for Witnesses or Execution upon Goods or Chattels or the Body of the Dfdt. or Dfdts. as afors'd. are directed by any one or more of the Justices of Peace are hereby Impowered

-------------------- page 29 --------------------
& Commanded to give due obedience in the Execution thereof according to the true intent & meaning of this Act.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XXV.
(Repealed by Act 4 April, 1740, ch. 12.)
An Act for the better Regulating The Militia of this Government.

I. Whereas the safety of this as well as all other well-governed Colonys greatly depends upon the well-regulating the Militia thereof; Wherefore Be It Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Props. of Carolina by & with the Advice & Consent of the present Genl. Assembly now met at Little River for the No. East part of the said Province & by the Authority of the same.

II. And It Is Hereby Enacted that from henceforward the Militia of this Governmt. shall consist of all the Freemen within the same between the years of Sixteen years & Sixty & the several Captains now Appointed & Commissionated or hereafter to be appointed & Commissionated shall within Two months after publication of this Act take a List of the names of all such Freemen within their Districts of which their several Companies shall consist & return one coppy thereof to the Governor or Commander in Chief & another coppy thereof to the Colonel of the Regiment under the Penalty of Five Pounds to be Levied by a Warrt. from the Governor or Commander in Chief to be directed to the Provost Marshall to Execute.

III. And Be It Further Enacted that when such List are taken as afors'd. the said Captain shall once every year from henceforward Viz. in the month of October regulate their said Lists of their several Companys by taking new ones & returning coppies thereof as before directed under the like penalty of Five Pounds to be levied as before directed.

IV. And Be It Further Enacted by the Authority afors'd. that any person after having been so Enlisted as afors'd. who shall at any time hereafter (without sufficient cause to be allowed of by his Commanding Officer) fail or refuse on notice given to appear at such time or places as shall from time to time be appointed by the Governor or Commander in Chief for, the time being for that purpose there to be mustered, Trained & Exercised in Arms or that shall not at such times and places be well provided with a good Gun well-fixed Sword & at least Six Charges of Powder & Ball shall forfeit & pay for his non-appearance the sum of Five Shillings & for want of any Due accoutrements two Shillings & Six pence to be levied by a warrt. from the Capt. of the Company directed to the Serjeant of the Company.

V. Provided allwayes that no Minister of the Church of England, no Practicing Physitian or Chirurgion nor any person bearing the Office of Lords Proprietors, Deputy, Secretary, Attorney, Members of General Assembly, Clerke, Marshall, Constable or Justice of the Peace (except they are Military Officers) or that hath borne the Office of Lords Proprietors, Deputy, Secretary, Attorney General, Provost Marshall, Justice of the Peace or Capt.

-------------------- page 30 --------------------
of a Company shall be obliged to Enlist themselves or attend at such Musters as afors'd.

VI. And Forasmuch as this Governmt. hath of a long time laboured under a tedious War with the Heathen & which hath in a great measure been lengthened by the remissness of the People & disobedience to their officers commands.

VII. Be It Enacted by the Authority afors'd. that in case of any Invasion or Expedition to be raised & carryed on against the Indian enemy it shall & may be lawful for the Governor or Commander in Chief to Raise all or so many of the Forces of this Governmt. as he shall think necessary for the suppressing the same and any person whatsoever that shall refuse or neglect, on summons, to appeare at such place or places as shall be appointed by his Capt. or other Officer by his command with well-fixt Armes & at least one quarter of a pound of Powder & a pound of Swan or Goose Shott or Bulletts & shall refuse to march out against the Enemie where Commanded as afors'd. shall forfeit & pay for such offence the sum of Fifty Shillings to be Levied by a Warrt. from the Capt. as afors'd. And if the Capt. shall neglect or refuse to Issue out his Warrt. & do his duty afors'd he shall forfeit & pay the sum of Tenn Pounds to be Levied by a Warrt. from the Governor or Commander in Chief for the time being as afors'd in this Act is directed.

VIII. And Be It Further Enacted by the Authority afors'd that if any person shall be wounded, hurt or maimed in the Country's service & not of ability to maintain himself or pay for his Cure he or they shall be cured at the Publick Charge & have one good Negro Man-slave allowed & purchased for him for his maintenance & in the same case if any one shall be killed the Publick shall make the same provision for his Wife & family.

IX. And Be It Further Enacted by the Authority afors'd that all such persons who by this Act are exempt from Enlisting themselves or appearing at Muster as afors'd shall be ready at any time of danger to wait & attend the commands of the Governor or Commander in Chief for the time being completely provided with Arms & Ammunition on Penalty of Ten Pounds for such neglect to be levied by Warrant from the Governor or Commander in Chief as before in this Act is appointed for other times.

X. And Be It Further Enacted by the Authority afors'd that if at any time during the time of any Muster any Soldier or other shall resist his lawful Officer or refuse to obey his lawful commands or be any ways refractory or mutinous such Soldier shall be punished at the discretion of the Capt. by Tying Neck & Heels, Running the Gauntlet, Rideing the Wooden Horse or in such like manner; & in case any person, during the time of alarm or Expedition agst. the Enemy Indians shall desert his Collours or be any way mutinous or be disobedient to their Officers commands, It shall & may be lawfull for one Field Officer & Four Captains at least (if so many are in service) or for want of them Lieutenants to erect a Court Martial to be held openly & on tryal to punish offenders according to Martial Law as the nature of the Crime shall require Provided it do not extend to the taking away of life.

XI. And Be It Further Enacted by the Authority as afors'd that all moneys that shall accrue by Virtue of this Act & not herein appropriated shall when levied be accounted for & paid to the Governor or Commander in Chief for the time being to be by him employed in purchaseing such necessary Ornaments as he shall think fitt & proper for the Regiment & the Overplus towards purchasing Arms & ammunition for the Publick Service & an account thereof to be laid before the Company at their next meeting.

XII. And Be It Further Enacted by the Authority afors'd that the Wages

-------------------- page 31 --------------------
of the Officers & Soldiers hereafter to be Imployed in the Service of this Government pursuant to this Act shall be allowed & paid by the Publick Assembly after the Rates following, that is to say:

A Colonel 10 s. pr. diem.
Lieut. Col 9
Major 8
Captain 5
Aid Major 5
Lieutenant 3. 6d.
Ensign 3
Serjeant 2
Private Sent. 1. 6d.

XIII. And Be It Further Enacted by the Authority afors'd that if the Marshall shall not discover any Goods or Estate of the Delinquents whereupon to levy satisfaction for the forfeiture afors'd then the said Marshall or Serjeant shall apprehend the body of such delinquent & him bring before the Governor or Commanding Officer from which such Warrt. shall issue as afors'd who, for non-payment shall bind out such delinquent if of able body to any person that shall pay the Fine to serve so long as shall be thought equivalent to the Fine that is to say after the Rate of Five Shillings per week.

XIV. And Be It Further Enacted by the Authority afors'd that no Commanding officer of a party under Twenty men shall have & receive the pay of more than Ensign nor under the number of Forty men shall have & receive the pay of more than Lieutenant nor under the number of Sixty men more than Capt. nor under the number of more than One Hundred men more than major, nor under the number of two hundred more than Colonell.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,

N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER XXVI.
(Subject matter since regulated by the King's orders in Council.)
The Form of a Patent.

I. Whereas the True & Absolute Lords Proprietors of Carolina have by their Great Deed of Grant bearing date the First day of May 1668 under their hands & Greate Seale of their Province of Carolina Given & Granted unto the Inhabitants of the County of Albemarle to hold their lands according to the Terms & Tenure upon which the Inhabitants of Virginia hold theirs & have Given & Granted full power & authority to their Lords Prs. Governour for the time being to convey & grant the said lands according to the said Deed as by the same doth & may more fully & at large appear.

II. Be It Therefore Enacted by his Excellency the Pallatine & the Rest of the True & Absolute Lords Props. of Carolina by & with the Advice & Consent of this present Genl. Assembly now met at Little River for the No. East part of the said Province.

III. And It Is Hereby Enacted that in every Book where Patents for Land

-------------------- page 32 --------------------
shall be registered a true copy of the said deed shall be First Registered & that the Patents may be always agreeable to the said Deed.

IV. Be It Further Enacted that all Patents hereafter to be granted shall be in the form following & none other (Viz.) The Pallatine & the rest of the True & Absolute Lords Props. of Carolina to all persons to whome these present shall come Greeting in our Lord God Everlasting know Ye that we the said Lords & Absolute Proprietors according to our Great Deed of Grant bearing date the first day of May Anno Domini 1668 given to our County of Albemarle under our hands & Great Seale of the said Province Do hereby give & grant unto . . . . . . . . . . . . being due for the Importation of . . . . . . . . persons whose names are upon record under this Patent to have & to hold the said Land with all rights & privileges of Hunting, Hawking, Fishing, & Fowling with all Woods, Waters & Rivers with all proffitts, Comoditys & Hereditaments whatsoever to the same belonging or appearing (except one half of all Gold & Silver Mines) unto him . . . . . . . . . . his Heirs & Assigns forever in as large & ample manner to all intents & purposes as in & by the said Deed is Granted or intended Yielding & Paying unto us & our Heires & Successors Yearly every Twenty ninth day of September the Free-rent of One Shilling for every Fifty Acres hereby granted to be holden of us our Heires & successors in free & common Soccage Provided that if the said . . . . . . . . . . shall not Seat or Plant or cause to be Seated or Planted thereon within three years after the date hereof then this Patent to be Void; Otherwise to stand & be in full force. Given under the Seal of the Colony the . . . . . . . . . . . . . . Witness, &c.

V. And to prevent disputes concerning the True Intent & Meaning of the words “Seat & Plant” in the foregoing Proviso mentioned & expressed.

VI. Be It Further Enacted that the words “Seat & Plant” in the Patent above recited & in all other Patents Granted or hereafter to be Granted by the Lords Proprietors for lands within the said County of Albemarle or within any other County, Precinct or Liberty wherein the said Clause is or shall be Inserted shall be adjudged & taken in the following sense Viz. that the Patentee shall build a habitable house & shall Clear, Fence & Plant at least one Acre of land within the time before limited.

VII. Provided always that where any person hath or hereafter shall build, clear & Tend according to the Proviso in the Patent altho' not strictly within the time limitted but before any new Patent Issue for the same such seating, clearing & Tending shall be held good & valid to all Intents & Purposes as if the same had been done within the time limitted.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XXVII.
An Act concerning Old Titles of Land And for Limitations of Actions and for avoiding Suits in Law.

I. Whereas Great Suit Debate & Controversity hath heretofore been & may hereafter arise by means of Antient Titles to Land derived from Patents granted by the Governmt. of Virginia, the Condition of which Patents have

-------------------- page 33 --------------------
not been performed nor Quit-rents paid, or the lands have been deserted by the first Patentees or for, or by reason or means of former Entries or Patents granted in this Governmt. for prevention whereof & for quieting men's Estates & for avoiding Suits in Law.

II. Be It Enacted by his Excellency the Pallatine & the rest of the True & Absolute Lords Proprs. of Carolina by & with the Advice & Consent of the rest of the Members of the Genl. Assembly now met at Little River for the No. East part of the s'd Province.

III. And It Is Enacted by the Authority of the same that all Possessions of or Titles to any Lands Tenements or Hereditaments whatsoever derived from any sales made either by Creditors, Executors or Administrators of any person Dec'd. or by Husbands & their Wives or Husbands in right of their Wives or by Indorsment of Patents or other wise of which the Purchaser or Possessor or any claiming under them have continued or shall continue in possession of the same for the space of seven years without any suit in Law be & are hereby ratified & confirmed & are declared Good & Legal to all Intents & Purposes whatsoever against all manner of persons any former or other Title or claim, Act, Law, Usage, or Statute to the contrary in any wise Notwithstanding.

IV. And Be It Further Enacted by the Authority afors'd that no person or persons nor their Heires which hereafter shall have any Right or Title to any Lands, Tenements or Hereditaments shall thereunto Enter or make Claim but within Seven years after his or their Right or Title which Descend or Accrue & in default thereof such person or persons so not Entering or Makeing Default shall be utterly Excluded & Disabled from any Entry or Claim thereafter to be made.

V. Provided nevertheless that if any person or persons that is or hereafter shall be entitled to any Right or Claim of Lands, Tenements or Hereditaments shall at the time of the said Right or Title first Descended Accrued Come or Fallen within the Age of Twenty One Years Femme Couvert, Non Compos mentis, Imprisoned or beyond Seas That, then such person or persons shall & may notwithstanding the said seven years be expired Commence his Suit or make his Entry as he might have done before this Act so as such person or persons shall within three years next after full Age, Discoverture, Comeing of sound Mind, Enlargement out of Prison, persons beyond Seas with Eight years after the Title or Claim becomes due take benefit & sue both the same & at no time after the times or limitations herein specified. But that all possessions held without suing such Claim as afors'd shall be a perpetual Barr against any & all manner of persons whatsoever that the Expectation of Heires may not in short time leave much land unpeopled & Tythes so perplexed that no man will know of whom to take or buy land.

VI. And Be It Further Enacted that all Actions of Trespass, Detinue, Actions sur Trover & Replevin for taking away of Goods & Chattels—all Actions of Acct. upon the Case, all Actions of Debt for Arrearages of Rent, & all Actions of Assault, Menace, Battery, Wounding & Imprisonment, or any of them which shall be sued & brought at any time after the Ratification of this Act shall be commenced or brought within the time & limitation in this Act expressed & not after—that is to say Actions of Acct. for Trespass, Debt, Detinue, or Replevin and said Actions of Trespass quare clausam fregit within Three years next after the Ratification of this Act or within Three years next after the cause of such Actions or Suit & not after, Except such Accounts as concern the Trade of Merchandize between Merchant & Merchant,

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their Factor or Servants. And the said Action of Trespass, of Assault, Battery, Wounding, Imprisonment or any of them within one year next after the Ratification of this Act or within one year after the cause of such Action or Suit & not after, and the said Action upon the Case for words within Six Months after the Ratification of this Act or within Six months next after the words spoken & not after.

VII. Provided nevertheless & it is hereby further Enacted that if on any the said Actions or Suits Judgment be given for the Plft. & the same be reversed by Error or a verdict pass for the Pltfs. and upon matters alleged in Arrest of Judgment the Judgment be given against the Pltf. that he take nothing by his Plaint, Writt, or Bill; Or if any the said Actions shall be brought by Original Writts & the Dfdt. Cannot be Attached or legally Served with Process that in all such cases the Party Pltf., his Heires, Executors, or Administrators as the case shall require may commence a new Action or suit from time to time within a year after such Judgment reversed or such Judgment given against the Pltf. or till the Defdt. can be attached or served with Process so as to compell him to appear & answer.

VIII. And Be It Further Enacted that in all Actions of Trespass quare Clausam fregit hereafter to be brought wherein the Defdt. or Defdts. shall disclaim in his or their Plea to make any Title or Claim to the Land in which the Trespass is by the Declaration supposed to be done & the Trespass be by negligence or involuntary the Deft. or Defdts. shall be Admitted to plead a Disclaimer & that the Trespass was by negligence or involuntary & a Tender or after of sufficient amends for such Trespass before the Action brought whereupon or upon some of them to Pltf. or Pltfs. shall be Inforced to Joyn Issue & the said Issue be found for the Defdt. or Defdts. or the Pltf. or Pltfs. shall be non-suited the Pltf. or Pltfs. shall be clearly barred from the s'd Action or Actions & all other Suits concerning the same.

IX. And Be It Further Enacted by the Authority afors'd that in all actions upon the case for slanderous words to be sued or prosecuted by any person or persons either in the General or Precinct Courts of this Governmt. after the Ratification of this Act if the Jury upon the Tryal of the Issue in such Action, Or the Jury that shall inquire of the Damages, do find or Assess the Damages under Forty Shillings then the Pltf. or Pltfs. in such Action shall have & recover only so much Costs as Damages so given or asses sed shall amount unto without any further increase of the same any Law, Statute, Custome or Usage to the contrary in any wise Notwithstanding.

X. Provided nevertheless & be it further Enacted that if any person or persons that is or shall be entitled to any such Action of Trespass, Detinue, Action sur Trover, Replevin, Actions of Acct., Actions of Debt, Actions of Trespass for Assault, Menace, Battery, Wounding, or Imprisonment, Action on the Case for Words, be or shall be at the time of any such cause of, Action Given or accrued, fallen or come within the Term of Twenty one years, Femme Couvert, Non compos mentis, Imprisoned, or Beyond the Seas that then such person or persons shall be at liberty to bring the same Actions so as they take the same within such times as are before limitted after their coming to or being of full age, Discovert, of sound memory, at large, or returned from beyond the Seas as other persons having no such impediment might have done.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

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CHAPTER XXVIII.
Femme Couvertes—How to Pass Lands.

I. Whereas the Legal way of Passing Lands where the Estate is in Femme Couverte is by Fine & Recovery & it having been formerly practicable in this Government (Fines & Recovery not being in use here) that sales have been made by the Husband with the Wife's consent & sometimes by sales from them both & acknowledged in Court the Wife being first privately Examined by the Court whether she acknowledgeth the same freely.

II. Be It Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Proprs. of the Province of Carolina by & with the advice & consent of the rest of the Members of the Genl. Assembly now met at Little River for the No. East part of the said Province.

III. And It Is Hereby Enacted by the Authority of the same that all such sales which have at any time heretofore been made in manner & form afors'd or which hereafter shall be made by the Husband & Wife & Acknowledged before the Chief Justice or in the Court of the Precinct where the land lyeth the Wife being privately examined whether she acknowledgeth the same freely shall be good & effectual against the Husband & Wife & their & every of their Heires & Assigns & against all other persons claiming by from or under them or any of them & that to all Intents & Purposes as if the same had been done by Fine & Recovery or by the other wayes or means whatsoever.

IV. Provided alwayes & it is hereby meant & intended that nothing in this Act contained shall be Construed or meant to give any power or Authority hereafter for cutting off Entailed Lands; Any thing herein before contained to the contrary in any wise Notwithstanding.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XXIX.
An Act for Preventing Disputes concerning Lands already Surveyed.

I. Whereas divers Disputes do frequently arise concerning Lands already surveyed & patented to the great charge & vexation of many people holding & enjoying those Lands for prevention whereof for the future & for settling such differences as may hereafter arise.

II. Be It Enacted by His Excellency the Pallatine & the rest of the True & Absolute Lords Proprs. of the Province of Carolina by & with the advice & consent of the rest of the Members of the Genl. Assembly now met at Little River for the No. East part of the Province & by the Authority of the same.

III. It Is Hereby Enacted & declared that all Surveys already made & Patents granted within this Government by all & every preceding governor Deputy Governor or President are hereby declared to be good & valid to all Intents & Purposes whatsoever any pretended defects or insufficiency in the powers or authoritys for so doing to the contrary in any wise notwithstanding. And that Patents may & ought to be granted on all & every the afors'd Surveys for which Patents are not already Granted, those lying within the Controverted bounds only excepted.

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IV. And Be It Further Enacted by the Authority afors'd that no person whatsoever shall take up any Marsh, Swamps or Sunken land but shall first give notice in Writing to the Owner of the Land Adjoining, after which notice delivered in Writing before Evidence, such person or persons shall have Six months time to resolve whether he will take up the same or no; And in case he shall not before the end of the said six months take out a Warrant to Survey such Marsh, Swamp or Sunken Lands as shall be contiguous to his own Land then the first person who gave such notice may survey & patent the same.

V. And Be It Further Enacted by the Authority afors'd that if any person shall believe that there is contained in the Survey or Patent of any person more land than the same survey or Patent mentions, then & in such case such person may employ the Surveyor Genl. or his Deputy to resurvey such land & if it shall appear that the latter survey does not exceed the former by more than Ten acres in the hundred such shall not be deemed any error nor the owners of such lands put to any charge or trouble in resurveying or Patenting the same. But the party employing the Surveyor shall pay all charges.

VI. And Be It Further Enacted by the Authority afors'd that in all cases of Difference where any Re-survey shall be made the Surveyor shall allways proceed by the Marked trees if the same can be found or by mutual bounds if any mentioned and if there be not marked trees then he shall follow the courses mentioned in the Platt or Patent so as the Intention of the Party first taking up may be observed as near as may be. And if it shall happen that in any Re-survey there shall be more land contained above the quantity mentioned besides Tenn in the Hundred before mentioned in this Act it shall be in the choice of the owner of the land to take the same paying the Surveyor his Fee, or to leave out the overplus in such part or places as he pleases & then the whole charge to be borne & paid by him that required the survey.

VII. And Be It Further Enacted by the Authority afors'd that all Surveys or Patents hereafter to be made or granted for the land or Plantation of any Deceased person the same shall be made & granted in the name of the Heirs at Law which nevertheless shall not Bar any that have Title by Dower or Curtisie or by the Will of the Deceased possessor: but that every Title or Claim shall stand good & strong in Law as they might or ought to have done if the Deceased possessor had in his life time Surveyed & taken out a Patent for the same in his own name.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XXX.
An Act concerning Escheat Lands, and Escheators.

I. For the better securing and quieting her Majesty's Subjects of this Province in the Possession of their Land, We pray that it may be Enacted, And be it Enacted, by his Excellency the Palatine, and the rest of the true & absolute Lords Proprietors of Carolina, by & with the Advice and Consent of the rest of the Members of the General Assembly, now met at Little River,

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for the North East part of the said Province, and it is hereby Enacted, by the Authority of the same, That if any Person is or shall be in Possession, by himself Guardian, or Tenant, of any Lands, by Purchase, Descent, or Last Will and Testament, that do or shall escheat to the Lords Proprietors, such Possessor shall be first admitted to inform and petition the Governor Deputy Governor, President, or Commander in Chief for the Time being, for a Writ of Escheat, to be directed to the Escheator General, or his Deputy, to enquire whether the said land doth escheat; and if the same shall be found, upon Inquisition duly taken, to escheat, the aforesaid Possessor, and no other Person, shall have a Patent for the same, paying after the Rate of Two Pence an Acre for the Composition thereof, and no more, be there Improvements more or less.

II. And be it Further Enacted, by the Authority aforesaid, That if any Person seized of Land in Fee simple, shall happen to die without Heir, or making any Disposition thereof by Will, whereby the said Lands do escheat to the Lords Proprietors, then they shall be granted, after the said Manner, and after the same Composition, to the Widow, or Widower, and if there be none such, then to the Father, and if there be none such, then to the mother, and if there be none such, then to the elder Brother of the half blood, and if there be none such, then to the Sister or Sisters of the half blood, and if there be none such, then to the nearest of kin to the Party deceased, and if there be no Kindred, then to any Person who, shall first inform and petition for the same.

III. Provided always, and it is further Enacted, by the Authority aforesaid, That if any Person that is or shall be in Possession of any Land in Manner aforesaid, by Descent, Purchase, or Last Will and Testament, that do or shall escheat; or any Person that shall have Right to inform and Petition for Escheat Lands in any of the before recited Cases, shall happen, through Ignorance, to omit the same; that then it shall and may be lawful for any other Person to give him Notice thereof, in the Presence of Two credible Witnesses at the least; and if he shall neglect to inform and petition for the same, in Manner aforesaid, to the Second General Court that shall happen after such Notice given, then the Person giving Notice as aforesaid, shall have the same Lands, paying the Composition as aforesaid.

IV. And to the End, that neither the Lords Proprietors, nor any of the Inhabitants of this Province may receive Damage for Want of an Escheator: Be it Enacted, by the Authority aforesaid, That as often as it shall happen that no person is appointed Escheator General by the Lords Proprietors some Person, of known Ability and Integrity, shall be Commissionated Escheator General by the Governor, Deputy Governor, President, or Commander in Chief for the time being, by and with the Advice and Consent of three or more of the Lords Proprietors deputies, with Power to Commissionate one or more Deputy or Deputies; and all Inquisitions that shall be taken as Escheator not commissionated as aforesaid, or without a Writ of Escheat first obtained, such Inquisition shall be null and void, to all Intents and purposes.

V. And be it further Enacted, That the Escheator General. or his Deputy or Deputies, before he or they shall execute any Writ of Escheat, shall give public Notice Thirty Days before, by setting up a Note at the Court House Door of the Precinct where the Land shall lie, of the Time when he will execute the said Writ, to the End that all Persons concerned may have knowledge thereof; upon the Penalty of Fifty Pounds, to be paid by the Party grieved; to be recovered, by Action of Debt, in the General Court of this Government; wherein no Essoign or Wager of Law shall be allowed: And

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all Inquisitions shall be taken openly and publickly in the Court House of the Precinct or County where the Land to be Inquired after shall lie, by the most ancient indifferent Freeholders of the same Precinct and County. And the Escheator General, and every of his deputies, shall suffer every Person to give Evidence openly in their Presence to the Jury, upon such Inquisitions as shall be taken before him or any of them, upon the like Penalty of Fifty Pounds, to the Person so grieved; to be recovered in Manner aforesaid; And all such Inquisitions shall be returned into the Secretarys Office within Twenty Days, at farthest, after they are taken; and if no Person shall prove himself Heir to such Land as have been found to escheat in Manner aforesaid, or any time in Seven years after the Date of the said Inquisition, such Person, and his Heirs, are and shall be forever barred and excluded from having or suing for the said Lands.

CHAPTER XXXI.
An Act for the more effectual observing of the Queen's Peace, and Establishing a good and lasting Foundation of Government in North Carolina.

I. Whereas several Revolutions have heretofore happened in this Colony, which were fomented and carried on by factious and seditious Persons, to the great Loss and Damage of the Inhabitants thereof, and to the repeated Breaches of her Majesty's Peace, and Violation of the Loyalty and Obedience due from Subjects to their lawful Sovereign and Superiors; and what most nearly has concerned us, are the late unhappy Dissentions among ourselves in this Colony, whereby Injustice and Oppression took Place and Overspread our Country, our Trade decreased, and daily differences and Animosities increased, to the Ruin of Religion and our Liberties; since which it has pleased God in a great Measure to influence us with a deep, Concern for our Calamities, and put into our Hands a Power and Resolution of removing these threatening Evils and Dangers, and for the future to procure a happy Restoration of Peace and Tranquility amongst us, by making such good and wholesome Laws whereby Religion and Virtue may flourish, our Duty to our Prince and Governors be put in Practice and maintained, our Laws, Liberties and Estates preserved and kept inviolated, and Justices and Trade encouraged:

II. We therefore, the Commons Assembled, do pray that it may be Enacted, And be it Enacted by his Excellency the Palatine, and the rest of the true and absolute Lords Proprietors of the Province of Carolina, by and with the Advice and Consent of the Members of the General Assembly, now met at Little River, for the North East part of the Province, and by the Authority of the same; And it is hereby Enacted, That any Person or Persons who shall, at any time after the Date hereof, speak any seditious Words or Speeches, or spread abroad false News, write or disperse scurrilous Libels against the present Government, now lawfully established, disturb or obstruct, any lawful Officer in the executing of his Office, or that shall instigate others to Sedition cabal and meet together, to contrive, invent, suggest, or incite rebellious Conspiracies, Misdemeanors, Riots, or any Manner of unlawful Feuds or Differences, thereby to stir up against, or maliciously to contrive the Ruin and Disturbances of the Queen's Peace, and of the Safety and Tranquility of this Government; the said person or persons so offending, shall, and are to be reputed as utter Enemies to the Queen's peace, and the

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Welfare and Good of this Government; and shall be punished accordingly, by Fine, Imprisonment, Pillory, or otherwise, at the Discretion of the Justices of the General Court; who are hereby impowered to hear and determine the same: And the said person or persons so offending as aforsaid, shall be compelled to give good and sufficient Security for his or their good Behaviour during the Court's Pleasure; and be incapable of bearing any Office of Profit or Trust in this Government, for the space of Three Years, or according as the Demerits of the Crime shall appear before the Judge thereof; And if any Person or Persons shall at any time hereafter, know of any such Evil Practices as aforesaid, and shall conceal the same, that then they shall be punished in the same Manner as if they themselves had, committed such Crimes.

III. And for the further Prevention of such traitorous Conspiracies and Rebellions against her Sacred Majesty of Great Britain, her Crown and Dignity, and the better to distinguish and prevent any disaffected Ministers or Officers, either Military or civil, from acting, or being tolerated, commissionated, or impowered to act in Possession, hold or remain to act by Virtue of any Commission, deputed commission, or any Power whatsoever, until the said Person, whoever he be, has first qualified himself according to the strictness of the Laws of Great Britain, now in Force:

IV. Be It Further Enacted, by the Authority aforesaid, That What Person soever, shall act in any Place of Profit or Trust as aforesaid, without being so qualified, shall forfeit the sum of One Hundred Pounds; to be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record within this Province: One Half to the Governor or President for the time being, for the support of the Government, and the other half to him or them that shall sue for the same; and shall forfeit his Right to the said Place or Benefit. Provided, That all Military Officers may take the Oaths in Order to their Qualification, before any one of the Members of the Council, or of the General Court, who are hereby impowered to Administer the same, and give them Certificate thereof. And moreover, what Person or Persons, who hereafter shall alter, equivocate, add to, or diminish, any Word, Part, or Clause, of the Oaths appointed to be taken by law, shall be deemed and held guilty of Forgery, and high Crimes, and shall be punished accordingly.

V. And whereas, this Province is annexed to, and declared to be a Member of the Crown of England; yet, notwithstanding Disputes so often arise concerning the Laws of England how far they, are in Force in this Government; and it appearing by the Charter, that the Powers therein granted of making Laws, are limited with this Expression, viz.: “Provided, Such Laws be Consonant with Reason, and as near as may be, agreeable to the Laws and Customs of our Kingdom of England.” From thence it is manifest, That the Laws of England are the Laws of this Government, so far as they are compatable with our Way of Living and Trade:

VI. Be it Therefore Enacted, by the Authority aforesaid, and it is hereby Enacted and Declared, That the common Law is, and shall be, in Force in this Government, except such part in the Practice, in the Issuing and Return of Writs, and Proceedings in the Court of Westminister; which for want of several Officers, cannot be put in Execution; which ought to be supplied by Rules of the General Court of this Government, being first approved of by the Governor and council, which shall be good in Law, from Time to Time, till it shall be altered by Act of Assembly.

VII. And be it further Enacted and Declared, by the Authority aforesaid. That all Statute Laws of England, made for maintaining the Queen's Royal Prerogative, and the Security of her Royal Person, and Succession of the

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Crown, and all such Laws made for the Establishment of the Church, and the Laws made for the Indulgence to Protestant Dissenters, and all Laws providing for the Priviledges of the People, and Security of Trade; as also, all Statute Laws made for Limitation of Actions, and Preventing of Vexatious Law Suits, and for preventing Immorality and Fraud, and confirming Inheritences and Titles of Land, are and shall be in Force here, altho' this Province, or the Plantations in general, are not therein named.

VIII. And because it has always happened, that upon vacancy of the Government, seditious and Evil-minded Persons have taken Occasion to dispute the Authority of the succeeding governor or President, however Elected or Qualified, for want of certain Rules being laid down and approved of by the Lords Proprietors: We pray therefore that it may be Enacted; And be it Enacted, by the Authority aforesaid, That in Case of any such Vacancy, the Eldest Lords proprietors Deputy, shall summons the rest of the Deputies, with all convenient speed, to meet at the usual Place of the Councils Meetings; and there they, or the major part of them that meet, shall chuse a President; and in Case of an Equality of Votes, the Voice of the Eldest Councillor shall have the Preference: And if it shall happen that the eldest Councillor shall refuse to summon the rest of the Deputies as aforesaid, within Ten Days after Notice of such Vacancy, then the next eldest Councillor shall summons as aforesaid.

IX. And Be It Further Enacted, That in the Case of the Vacancy of any of the Lords Proprietors Deputies, the Governor or President in the time being, with the Consent of the Major Part of the Deputies then being shall chuse one to supply that Vacancy, till the Lords Proprietors shall signify their Pleasure to the contrary: And if any of the Lords Proprietors Deputies shall at any Time neglect or refuse to give their Attendance, being cited thereto, the Act or Acts of the remaining Deputies shall be good and valid in the Law to all Intents and Purposes.

X. And be it further Enacted, by the Authority aforesaid, That in Case of any extraordinary Occasion, if the Governor, Deputy Governor, or President for the time being, shall depart the Government, and shall first declare the Cause of his Departure in Council, his Absence not exceeding Six months, shall not be deemed a Vacancy, but the Eldest Councillor shall preside in Council during his Absence.

CHAPTER XXXII.
(Repealed by Navigation Act 6 Nov., 1798.—Ch. 4.)
An Act for Settling and Maintaining Pilots at Roanoke & Ocacock Inlett.

Whereas the Trade & Commerce of this Government is likely to decay very much through want of Pilots:

I. Be It Enacted by His Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of the Province of Carolina by & with the advice and consent of the rest of the members of the Genl. Assembly now met at Little River for the No. East part of the Province & by the Authority of the same.

II. It is Hereby Enacted that the Governor or Commander in Chief for the time being shall commission & appoint two such persons as he shall think fitting & qualified to be Pilots the one for Roanoke the other for Ocacock Inletts which persons so nominated & authorized are hereby required constantly

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and dilligently to make it their business to search & find out the most convenient channel at the several respective Inletts for which they are allotted Pilots and that the Pilot for Roanoke do stake & mark out the Channel from the Barr till it be past Croatan or Colleton shoals & keep the same constantly staked out And the Pilot for Ocacock is to see all vessels past the Shoals till they shall be in the open Sound & then to give directions for their sailing to the river such vessel or vessels shall be bound unto.

III. And It Is Further Enacted by the Authority afors'd that each Pilot shall keep a good boat well fixed for that purpose with two persons to assist him & shall use their best endeavours to look for & repair on board all such Vessels as shall be bound into their several respective Inletts. And if it shall so happen that through Extremity of Weather the Pilot cannot get on board then he is to make such signals as he shall think most proper to inform them of the Channel: of all which signals so intended to be made by the said Pilots they shall cause fair written Instruction to be made and lodged in the Collectors Offices of the most considerable British Ports in America, who are hereby requested to permit such Instructions to be affixed in some Publick place of their Offices.

IV. And Be It Further Enacted by the Authority afors'd that it shall & may be lawful for every Pilot which shall go on board any Vessel without the Barr or offer to take charge of her as Pilot or who through extremity of weather cannot get on board but shall be assisting with signals to the bringing of her in & carrying her out to ask demand & receive of & from every such vessel that shall draw six feet water or under the sum of Thirty Shillings & for every foot above the sum of Tenn Shillings more—the same to be paid in sterling money—And for the further encouragement of each Pilot who shall well & faithfully discharge himself in the due execution of that trust or office.

V. It Is Hereby Further Enacted that the Governor or Commander in Chief for the time being shall also appoint able & experienced Commissioners to examine such Pilots upon whose Certificates that they are fit & qualified for their post & have served faithfully therein one year shall have & receive the Sum of Thirty Pounds to be levied by a Poll-tax on the Taxables of the County to which such Pilot shall belong & officiate.

VII. And It Is Hereby Enacted by the Authority afors'd that if any vessel whatsoever shall happen to receive any damage, miscarry or be lost through the neglect—insufficiency or any other defect in or by any Pilot as shall take charge of the same. That then and in such case the said Pilot so taking charge, shall answer for & make good all & every the damages & losses so sustained as aforesaid.

VII. And Be It Further Enacted that in case any Pilot should Die, go off, or neglect or refuse to officiate or upon Misdemeanor or for any other defect shall be suspended by the said governor or Commander in Chief for the time being that then & in such case it shall & may be lawfull to & for the said Governor or Commander in Chief to name & appoint another person in his room that shall go off, die, refuse or neglect his duty or shall be suspended as aforesaid. And whereas it may prove & be of evil consequence to this Government for the Pilots to desist Officiating in their Office.

VIII. Be It Enacted by the Authority afors'd that no Pilot shall at his pleasure desist or refuse to Officiate in his office until he shall Three months before such desisting or refusal apply themselves to the Governor or Commander in Chief whereby the Country may not be destitute of good & able

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men to officiate in the places of such so refusing & desisting in the said place or office of Pilotage.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XXXIII.
An Act, to regulate divers abuses in taking up of lands, and to ascertain the Method to be Observed, from Henceforth, in taking up & surveying Lands.

I. Whereas of late Years, great Inconveniences have arisen by Means of the Irregular Proceedings and Methods observed in entering & taking up Land and by some persons holding or pretending right to large tracts of Land; to the great Discouragment of Strangers coming in to inhabit among us, and to the great weakening of Places already settled and inhabited, as well as to the great Loss and Prejudice of the Lords Proprietors: For Prevention whereof for the future, and for the better regulating the Method of taking up Lands in time to come.

II. Be It Enacted, by his Excellency the Pallatine, and the rest of the true and absolute Lords Proprietors of Carolina, by and with the Advice and Consent of this present General Assembly, now met at Little River for the North East part of the said Province, and it is hereby Enacted by the Authority of the same, That from and after the first day of January next ensuing the Date hereof, no Surveyor General, nor deputy Surveyor, shall enter any Land for any person after the Manner as has been of late Years observed; but that all Person whatsoever that shall, from thenceforward, be minded to take up any Lands in this Government, shall, before he lays Claim thereto, take a Warrant from the Secretary's Office, directed to the Surveyor General, or Deputy, as usual, mentioning the Quantity of Land by them intended to be taken up; which Warrant he shall deliver the said Surveyor General, or his Deputy, together with an Account where the Land lies which he intends to take up by that Warrant which the Surveyor shall indorse upon the back of the said Warrant together with the Time of his Receipt thereof, and give a Copy of the said Indorsement to the said Person; for which it shall be lawful for him to demand and receive the usual Fee of Entry and Copy; and shall, within Eight Months next after such Receipt, survey and make Return of the said Land, with the Warrant, as is usual, unless he shall give sufficient Reason upon his Oath, for not doing the same; provided always, that he hath no Warrant before lodged in his Hands for the same Land; and provided also, that if occasion be, the Surveyor shall be impowered to hire Chain-Carriers and Markers for his assistance in laying out of any Lands, and shall charge the same to the owner of such Land.

III. And be it further Enacted, by the Authority aforesaid, That the Surveyor General, and his Deputy, shall observe, in surveying and laying out of all Lands to be taken up from henceforward, that lies on a navigable River or Creek, that he shall run a full mile on a direct course into the Woods, and each opposite line shall run parallel with the other, if it can be admitted, for other People's Lines, or Rivers or Creeks, and for all Lands taken up wholly

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in the Woods, the Survey shall be upon a Square, if it can be admitted, as aforesaid.

IV. And be it further Enacted, by the Authority aforesaid, That no Surveyor or Deputy Surveyor, from and after the Time aforesaid, shall survey or lay out more than Six Hundred and Forty Acres of land in one Tract, nor shall survey or lay out two several Tracts of Land for, any one person within Two miles, at least of each other; unless by particular Warrant from the Lord's Proprietors for that purpose.

V. And be it further Enacted, by the Authority aforesaid, That any Surveyor or Deputy Surveyor, that shall presume to survey or lay out any lands contrary to the Directions, Purport and Meaning of this Act, shall, for every Offence, forfeit and pay the sum of Ten Pounds; one Half to the Public Treasury, and the other Half to him or them that shall sue for the same; to be recovered in the General Court of this Province; wherein no Essoign, Protection or Wager of Law, shall be allowed.

VI. And forasmuch as the Lord's Proprietors do sustain great Damages, and the Country in General lies unsettled, by Reason of many Persons holding or pretending Right to large Tracts of Land in this Government, without any other Title thereto than a bare Entry or Survey: Be it Enacted, by the Authority aforesaid, That all or any Person or Persons whatsoever, who do now hold or pretend any Right to any Lands within this Government, by Virtue of any Survey or Purchase, as aforesaid, made before the Fourteenth Day of April last past, and do not pay, or secure to be paid, the Purchase Money thereof to the Lord's Proprietors Receiver-General, on or before the Twenty-fifth Day of December next, pursuant to an Order of Council, dated the aforesaid Fourteenth Day of April, it shall and may be lawful for any Person or Persons to enter on the same Lands, and have patents therefor upon the old Surveys; providing he or they so entering shall pay, or secure to be paid, to the said Receiver-General, the Purchase-Money and Quit-Rents which should have been paid by the Person that shall so lapse the same, and also the sum of Ten Shillings to the Surveyor General, for altering the Certificate; which Patent, when so obtained, shall be deemed and adjudged good and valid, to all Intents and Purposes; any Law, Custom, or Usage, to the contrary, notwithstanding. And further, all Persons that do Pretend any Right to any Lands taken up on Pretence of Purchase, and do not pay, or secure to be paid, the Purchase-Money thereof to the Receiver-General for the Time being, within Six Months after the Date of such Survey, such Person or Persons shall forfeit their Right thereto; and it shall and may be lawful for any other Person or Persons to take out a Warrant for such Lands, and proceed thereon as is before directed in this Act, for taking up vacant Lands.

VII. And be it further Enacted, by the Authority aforesaid, That from and after the aforesaid First Day of January next, no Person shall sell or alienate his right to any Land, until he has paid the Purchase-Money thereof, and has obtained a Patent and Grant for the same; but such sale, Assignment, or Conveyance, shall be deemed, construed, and taken, to be invalid and of none effect: And such Land shall be free and clear for any other Person to take up, observing the Rules in this Act before specified for taking up vacant Lands.

VIII. Provided always nevertheless, That where the Right of land here tofore surveyed on Pretence of Purchase aforesaid, belong to an Orphan or Orphans that are not able or capable to patent the same, for want of Personal Estate within the Time before limited in this Act, it shall and may be lawful

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for the Guardian or Guardians, Trustee or Trustees of such Orphan or Orphans, or Administrator of the Intestate's Estate, to sell and dispose of all or such part of such Right, as aforesaid, by Public sale, to the best Advantage they can for the Intestate's Estate; anything in the said Act to the contrary, notwithstanding: And in Case any Guardian, Trustee or Administrator, shall neglect or refuse to make Sale of Such Lands as aforesaid, within Six Months, the Orphans Courts are hereby impowered and required to call such Guardian, Trustee, or Administrator, to Account; and if they cannot find Personal Estate sufficient in their Hands to Purchase such Lands, as aforesaid, then they, the said Court, shall make such Sale, and to such Uses as aforesaid.

IX. And whereas many of the Inhabitants of Bath County, by Reason of the Calamities befallen them during the late Wars with the Indians, are rendered incapable of making present Payment for the Purchase of such Lands as now are, or have been, actually held, settled, and improved by them, and from whence they have been lately driven by the Enemy: Be it Enacted, that a Further Time be granted to such Persons for paying the Purchase of such Lands, upon giving such Security to the Lords Proprietors' Receiver General, as shall be by him approved of, within Six Months after the Ratification of this Act: Any Thing herein before Contained to the contrary thereof, in any wise, notwithstanding.

CHAPTER XXXIV.
An Act for Entering of Vessels & to Prevent the Exportation of Debtors.

I. Be It Enacted by His Excellency the Pallatine and the rest of the true and Absolute Lords Proprietors of the Province of Carolina by & with the advice & consent of the rest of the members of the General Assembly now met at Little River for the No. East part & by the Authority of the same.

II. And It Is Hereby Enacted that the Master of every Ship or Vessel coming into this Government shall within four days next after his arrival here & before he Trade or land any goods (living creatures only excepted) enter into Bond in the Naval Office with one sufficient Freeholder or well-known Merchant in the sum of Five Hundred Pounds with Condition that he the said Master shall not carry off any person out of this Province without a Ticket first had & obtained from the Naval Officer and signed by the Governor, Deputy Governor or Commander in Chief for the time being (persons coming in the same vessel, Women whose husbands are resident in this Country, persons under age & sailors who have not resided in the Government above two months Excepted) nor shall depart himself 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 one-third to the Informer.

III. And Be It Further Enacted by the Authority Aforesaid, that the said Bond shall be taken in the name of the Governor or Commander in Chief for the time being payable to himself, his Heirs, Successors or Assignes but shall be to the only use of & in trust for such person and Persons as shall appear to be injured by the said Master's non-performance of the Condition above expressed & shall be assigned to any Person or Persons so injured petitioning for the same.

IV. Provided always & it is hereby further Enacted that if the said Bond or Bonds shall not be sued within Two years after the date thereof then the

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same shall be Null & Void to all Intents & Purposes whatsoever as if the same had never been made—any thing herein before contained to the contrary notwithstanding.

V. And Be It Further Enacted by the Authority aforesaid that no Ticket shall hereafter be Granted to any Person intending to export his or herself out of the Government (except as before excepted) until sufficient security be first given to the Naval Officer for the payment of all such Debts as the Party so intending to depart shall be chargeable with & for which Actions shall be commenced within four Months next after such Security given or until certificate be first made to the Naval Officer by the Clerk of the Precinct Court where the Party shall reside that he hath published his Intentions to depart the Government by affixing a note to the Court House door publickly to be read by all Persons during the sitting & continuance of the two Courts next preceding such Certificate without being under Writt or any demand made to hinder his or her departure.

VI. And Be It Further Enacted that on default of so doing the Naval officer shall be liable to satisfy the creditors of all such persons who shall depart the Government by Ticket from that Office: Provided Action for the same be entered within four months after the date of such Ticket so obtained without security given or Certificates had & received from the Clerk of some Precinct Court as before mentioned.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XXXV.
(Repealed by Act 6 April, 1748, ch. 10.)
An Act for Raising a Publick Magazine of Ammunition upon the Tonnage of all Vessels Laden to this Government.

I. Be It Enacted by his Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of Carolina by & with the Advice & consent of the General Assembly now met at Little River for the No. East part of the Province & by the Authority of the same.

II. And It is Hereby Enacted that the Master of Every Vessel coming into this Government shall at the time of his Entering with the Treasurer heretofore appointed for Import duties give a true acct. upon Oath (as near as he can) of the length of the Keele the breadth upon the Beam & depth of the Hold of his vessel whereby the Treasurer may be enabled to know the Tonnage thereof & shall thereupon pay unto the said Treasurer one Pound of Powder & Four Pounds of Swan Shot & Twelve Flints for every Three Tons Measure of the said Vessel or for want thereof Ten Shillings current money for every three Tons: Of all which receipts by the Treasurer a just acct. shall be kept by him & shall be laid before the Assembly when required upon Oath.

III. And Be It Further Enacted by the Authority aforesaid that the Collector or Naval Officer in every district shall not clear any Vessel till such time as the Master or Commander thereof shall produce the said Treasurers Receipt for the Powder, Shot & Flints or money in lieu thereof as aforementioned

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under the Penalty of Twenty Pounds one half to the Publick & the other half to the Informer to be recovered by Action of Debt, Bill, Plaint or Information in any Court of Record within this Government wherein no Essoign, Protection, Injunction nor Wager of Law shall be allowed or admitted of.

IV. Provided always that no Vessel built in this Country or whose Owners or part Owners are Inhabitants of the same shall be chargeable with or pay any the aforementioned Duties of Powder, Shot & Flints or money in lieu thereof as far as such part extends whose Owners are Inhabitants of this Country as aforesaid, Anything in this Act contained to the contrary notwithstanding.

V. And also Provided that all such Vessels as shall Import into this Government at one time the full quantity of Four Hundred Bushels of Salt & unlade the same here and Oath thereof shall be made by the Master of such Vessel, to the Powder Receiver, such Vessel shall not be liable to pay the said Powder, Shot or Flint for that Voyage.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XXXVI.
An Act Concerning Roads & Ferries.

I. Be It Enacted by His Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of Carolina by & with the Advice & Consent of the rest of the Members of the General Assembly now met at Little River for the No. East part of the Province and the Authority of the same.

II. It Is Hereby Enacted that all Roads & Ferries in this Government allready laid out or appointed by virtue of any Act or Ordinance of Assembly heretofore made or declared or by virtue of any order of Court grounded thereon which are or ought to be now in use shall be & are hereby declared to be Publick Roads & Ferrys. And all persons whatsoever that ought or which have been accustomed or used to work on any such Roads & Bridges which have been made & laid out pursuant to an Act or Ordinance of Assembly or Order of Court grounded thereon shall continue to work on the same or to keep the same in repair as they should or ought to have done by virtue of such Act or Ordinance of Assembly or order of court conformable thereto.

III. And Be It Further Enacted by the Authority Aforesaid, that from time to time and at all times hereafter the court of each Precinct shall have full power & authority to appoint & settle Ferrys & to order the laying out new Roads where Roads are not already appointed or used & to appoint where Bridges shall be made for the use & ease of the Precinct so as not to alter the old Roads to the prejudice of any person without the leave & licence of such person first had & obtained.

IV. And Be It Further Enacted by the Authority aforesaid that all roads hereafter to be laid out shall be laid out by a Jury of Twelve men appointed by the Precinct Court which Jury shall first take an Oath to lay out the same for the greatest ease & convenience of the inhabitants & as little as may be to the prejudice of any private man & the Damages which shall be sustained

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by any private person in laying out such Roads to be equally Levied & Collected by the Surveyor of such Road on the Tythables which ought to work on the same & by him paid to the Party injured.

V. And Be It Further Enacted by the Authority aforesaid, that if any person or persons after the Ratification of this Act shall pretend to keep any Ferry or to transport any person or persons or their horses or their Cattle for pay within ten miles of any Ferry which is already or hereafter shall be appointed, such person or persons so pretending to keep Ferry for transporting any person or persons or their horses or Cattle shall forfeit & pay the sum of Ten Shillings for every man or beast so transported or ferried to the next adjacent Ferryman to be recovered by a Warrant from any Justice of the Peace upon full proof thereof made before him.

VI. Provided always that such persons who shall hereafter undertake to keep any Public Ferry by Appointment & do not provide good & sufficient Boats & keep the same in good & sufficient repair & well & sufficiently attended for the passage of all Travellers shall forfeit & pay Ten Pounds for every neglect: One half to the Informer & the other half for & towards the Contingent charges of the Government to be recovered by Bill, Plaint or Information in the General Court of this Province wherein no Essoign, Protection or Wager of Law snall be allowed.

VII. And Be It Further Enacted by the Authority aforesaid that all publick roads already laid out or now in use or which hereafter shall be laid out shall be cleared of and from all Trees & Brush at least Ten Feet wide & such Limbs of Trees cut away as may incommode horsemen travelling that road. All Bridges or Causeways made or to be made over Swamps or small Runs of Water the pieces wherewith the same shall be made shall be laid athwart the road & at least Ten foot long well secured & made fast & covered with Earth & all Bridges over Deep & navigable streams shall be made at least ten foot wide with sufficient and strong pieces or plank at least Three Inches thick with firm & strong Post & Bearers well secured and fastened.

VIII. And Be It Further Enacted by the Authority Aforesaid that the Precinct Courts shall annually appoint Surveyors of the High-ways or roads who are by this Act obliged to summon all male Tythables within their Divisions & Limits or which have been used or accustomed to work on such roads & bridges as are in the division or Limits to meet at a place & time appointed some time in the months of April & September yearly to clear all the roads & make clear & repair all bridges within their Limits or Divisions & also at any other time of the year if occasion shall require & whoever shall upon such summons refuse or neglect to appear or to do & perform their parts & duties therein the surveyor shall cause them to be summoned to appear before the next Magistrate where if he or they cannot show a reasonable cause for his or their default he or they shall be fined Fve Shillings for every Days neglect to be levied by the Order of the aforesaid Magistrate by the Surveyor to be bestowed in hiring men in the room & stead of those neglecting.

But if it shall happen that those persons who met in obedience to this Act shall perform the whole work that shall be necessary to be done at that time then all the forfeitures shall be equally divided among those who finished the work as aforesaid.

IX. And Be It Further Enacted by the Authority Aforesaid, that where the making of Bridges or Causeways shall not be judged proper to be performed by the whole Company working together it shall & may be lawful for the surveyor with one third of the company that shall be obliged to work

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thereon to agree with any person or persons for performing the work And the Surveyor is hereby impowered after the work is finished to levy the same equally and indifferently by the Poll on all such as are obliged to work thereon to make Distress in case of refusal or non-payment.

X. And Be It Further Enacted by the Authority aforesaid that the Surveyor of the roads which shall neglect or refuse to do his duty as is by this Act appointed, or which shall not keep the roads or Bridges clear & in repair & which shall let them remain uncleared or out of repair after notice thereof for & during the space of Ten days unless hindered by extreme bad weather such Surveyor shall forfeit for each & every offence the sum of forty shillings (over & above such damages as shall be sustained) one half of the said sum to be employed towards the repair of the Roads the other half to him or them that will 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 Injunction or Wager of Law shall be allowed or admitted of.

XI. And Be It Further Enacted by the Authority of the same that no member of the Council or Assembly or Justice of any Court, Coroner or Constable or Minister of the Church of England shall be Compelled or Compellable to work himself that shall send three persons in one district to work on any Road or Bridge. Anything in this Act contained to the contrary in any wise notwithstanding.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XXXVII.
An Act to Encourage the Building of Mills.

I. And Be It Enacted by his Excellency the Pallatine, & the rest of the True & Absolute Lords Proprietors of Carolina by & with the Advice & Consent of the rest of the Members of the General Assembly, now met at Little River for the No. East part of the said Province.

II. And It Is Hereby Enacted that if any person or persons shall be desirous to build a Grist-Mill either Wind-Mill or Water-Mill within this Government it shall be lawful for the Surveyor General or his Depty. by a Warrant from the Precinct Court to lay out for such person or persons so desiring to build a Mill two Acres of land for a Water-Mill & Half an Acre for a Wind-Mill in such manner as for that use shall be most convenient upon or out of any man's land which said land shall be Appraised by Four honest men of the neighborhood appointed by the Precinct Court who shall make a true return of their appraisement upon Oath to the same Precinct Court & the owner of the said land for the Consideration Money by the said Appraisers appointed shall be bound to make a Conveyance of the same land to him or them that build such Mill or Mills their Heirs or Assigns with liberty of Egress & Regress to & from the same under this Condition & express limitation & provision that such person or persons to whom the said land shall be conveyed do erect, build & finish on the land so conveyed a substantial working Mill within the Term of Two years after the date of the conveyance otherwise to be Void & of none effect.

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III. Provided always that the Court shall first give the owner of the land notice of the motion of any person to build a Mill on his land & if the owner will give Security to build a substantial working Mill on any part of his land then the motion of such person or persons to be rejected. And also provided that in the laying out of the aforementioned two Acres or half acre no person's Garden or Orchard be injured thereby.

IV. And It Is Hereby Further Enacted by the Authority aforesaid, that whosoever shall build such Mill or Mills shall have liberty to make use of any timber for that purpose on any lands adjacent making full satisfaction to the owners thereof & to be appraised as is aforesaid.

V. And it is Further Enacted that all such Mills as are or shall be built as aforesaid, shall be deemed Publick Mills & the Owner thereof or such as occupy & use the same shall be obliged as soon as their turn comes in course or as possibly they can grind Wheat & Indian Corn for all such persons as shall require the same & shall take care that the same be forthcoming again to the Owner on demand the lawful Toll only excepted under pain of double the value to be immediately Levied by a Warrant from the next Justice of the Peace & paid to the Party injured which being well ground without any fraud or deceit they shall not have or exact any larger or greater Toll than one eighth part of Wheat & one Sixth part of Indian Corn under the penalty and forfeiture of Ten times the value of the Wheat or Corn so brought to the Mill One half to the poor of the Parish, the other half to him or them that shall sue for the same, to be recovered by Acct. of Debt, Bill, Plaint, or Information made to the Precinct Court, wherein no Injunction or Wager of Law shall be allowed or admitted of.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XXXVIII.
An Act to Appoint Publick Registers and to direct the Method to be observed in Conveying Lands, Goods, & Chattels & for preventing Fraudulent Deeds & Mortgages.

I. Whereas his Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors among other Priviledges & Immunities have given & granted to this their Province to choose Publick Registers: In pursuance thereof to the said Grant and for the better & more effectual prevention of Fraudulent Deeds, Alienations & Mortgages. Be It Enacted by his Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of the Province of Carolina by & with the Advice & Consent of the rest of the Members of the General Assembly now met at Little River for the No. East part of the said Province.

II. And It Is Hereby Enacted by the Authority of the same that it shall & may be lawful for all or the Major part of the Inhabitants & Freemen of each precinct (who are qualified to vote in the election of Burgesses) to meet the first day of April next at the usual place for the election of Burgesses then & there by Majority of votes to elect Three Freeholders as Candidates for the said Office which said Candidates so elected the Provost Marshall or his

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Deputy for each precinct (who are hereby required to attend at such elections) shall 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 such neglect) that the Governor or Commander in Chief with the Advice of the Lords Proprietors Deputies may make choice of one of them who being Commissionated under the Hand & Seal of the Governor or Commander in Chief shall be thereby Invested with the Office of Register of Deeds & till there be a Clerk of the Parish Church, of Births, Burials & Marriages.

III. And Be It Further Enacted by the Authority aforesaid that each & every Public Register so chosen & commissionated shall within Three months after he shall enter upon his or her office give Bond with two good & sufficient securities to his Excellency the Pallatine & Lords Proprietors in the sum of one Thousand Pounds for the faithful discharge of his office which Bond shall be given before the Justices of the Precinct whereof the Party shall be appointed Register & Recorded in the Secretary's Office & the Original Deposited in the Hand of the Governor or Commander in Chief. And whoever after the said first day of April shall officiate in the said Office longer than Three months without giving such Security as aforesaid he or they so offending shall forfeit & pay the sum of Twenty pounds, one half to the Informer & the other half to the poor of the Parish or Precinct.

IV. Provided always that every person & persons who now Act in the aforesaid Office within any Precinct of this Government shall be & continue in the same till such choice shall be made & confirmed as is before by this Act directed when they and every of them are hereby required & commanded to deliver to the Publick Register of their Precinct so Elected & Confirmed all papers & Records which shall be in their Custody and which of right belong & appertain to the said office under the penalty of Fifty pounds.

V. And Be It Further Enacted by the Authority aforesaid, that in case of death or other Legal disability of any of the said Registers the like proceedings shall be had for the nominating Three Candidates to the Governor the second day of the next Court ensuing the death or disability of the Register as is before by this Act directed.

VI. And it is further Enacted by the Authority Afors'd that no Conveyance or Bill of Sale for land (other than Mortgage) in what manner soever drawn shall be good & available in Law unless the same shall be acknowledged by the Vendor or proved by one or more Evidences upon Oath either before the Chief Justice for the time being or in the Court of the Precinct where the land lyeth & registered by the Publick Register of the Precinct where the land lyeth within twelve months after the date of the same Deed and that all Deeds so done & executed shall be Valid & pass Estates in Land or Right to other Estate without Liberty or Seizin, Attornment or other Ceremony in the Law whatsoever.

VII. Provided always that all Deeds or Conveyances of Land, Tenements, Hereditaments, Goods & Chattels which are already past & registered or which shall be registered within one Year after the Ratification of this Act for which a Good & valuable consideration has been actually bona fide paid shall be good & available in Law & Equity to purchasers & their heirs against the Vendors & their Heirs & all others claiming by, from & under them in as full & ample manner to all Intents, Constructions & Purposes as if the same Title had been made either by Fine, Common Recovery, Livery of Seizin, Attornment or any other ways used & practiced within the kingdom of Great Britain.

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VIII. And Be It Further Enacted by the Authority afors'd that all Deeds & conveyances of Land lying within this Government made in foreign parts which shall be remitted hither & proved before the Chief Justice or Court of the Precinct where the land lyeth in manner as before directed or which shall be personably acknowledged or proved before the Chief Magistrate of and City, Town or Corporation within the King of Great Britain's Dominions And an Attestation thereof fixed thereto or which shall be acknowledged or proved before the Governor or Commander in Chief of any of his Majesty's plantations and attested under the Publick seal & registered in the afors'd Office of the precinct where the land lyeth within One year after the Arrival of such Deeds shall be good & valid in Law to all Intents & purposes as if made & Executed within this Government.

IX. And for the avoiding & abolishing of feigned, Covinous & Fraudulent Feoffments, Gifts, Grants, Alienations, Conveyances, Bonds, Suits, Judgements & Executions as well of Lands & Tenements as of Goods & Chattels which of late have been & still are devised & contrived of malice, Fraud, Covin or Collusion to the End, Purpose & Intent to delay, hinder & defraud Creditors & others of their just & lawfull Actions, debts, & Accompts.

X. It Is Hereby Further Enacted by the Authority afors'd that all & every Feoffment, Gift, Grant, Alienation, Bargain & Conveyance of Lands. Tenements, Hereditaments, Goods & Chattels or at any of them by Writing or otherwise and all & every Bond suit, judgment & execution at any time had or made to be or for any Intent or Purpose since the first day of January Anno Dom. 1714 or at any time hereafter to be had or made before, declared & expressed shall be from henceforwards deemed & taken only as against the person or persons, his or their heirs or successors, executors, administrators & assigns & every of them whose Actions, Suits, debts, Accompts, damages, penalties, forfeitures & Relief by such Covinous or fraudulent devices & practices as is afors'd or shall or might be in any wise disturbed, hindered, delayed or defrauded to be clearly & utterly void frustrata & if no effect any pretence, collour, feigned Consideration expressing of use or any matter or thing to the contrary notwithstanding.

XI. And Be It Further Enacted by the Authority afors'd that all and every the Parties to such feigned, Covinous or Fraudulent Feoffments, Gifts, Grants, Alienations, Bargains, Conveyances, Bonds, Suits, Judgments, Executions, or other things before expressed & being Privy & knowing of the same or any of them which after any time after the first day of August next coming shall wittingly & willingly put in use, avow, maintain, justify & defend the same or any of them as true, simple & done, had or made bona fide & upon good consideration or shall alien or assign any the Lands, Tenements, Goods or things before mentioned to him or them conveyed as afors'd or any part thereof shall incur the forfeiture of the real value of the Lands & Tenements, Goods & Chattels the one moiety thereof to the Lords Proprietors & the other half to the Party grieved & intended to be defrauded thereby.

XII. Provided also & be It Enacted by the Authority afors'd that this Act or any thing herein before contained shall not extend or be construed to impeach, defeat or make void any conveyance or assurance, Interest or Limitation of Use or Uses of into, or out of any lands or Tenements heretofore at any time had or made or hereafter to be bona fide made upon and for good consideration to any person or persons whatsoever any thing before mentioned to the contrary notwithstanding. And for the prevention of

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Frauds by Double Mortgages & Conveyances of Lands, Negroes, Goods & Chattels.

XIII. Be It Further Enacted by the Authority aforesaid that every mortgage of Lands, Tenements, Goods or Chattels which shall be first registered in the Register's Office of the precinct where the Land lyeth or of Goods & Chattels where the Mortgager liveth shall be taken, deemed, judged, allowed of & held to be the first Mortgage & to be good, firm, Substantial & lawfull in all Courts of Justice within this Government any former or other Mortgage of the same Land, Goods or Chattels not before Registered Notwithstanding unless such prior Mortgage be registered within Fifty days after the Date.

XIV. Provided always & be it further Enacted by the Authority afors'd that in case more than one Mortgage shall happen to be made & to be in force at one time of the same Lands & Tenements, Goods & Chattels the several Mortgagees which have not Registered their Mortgages, their Heirs, Executors, Admrs. or Assignes shall have power to Redeem any Mortgage or Mortgages Registered upon paying the Principal Debt, Interest & cost of suit to the prior Mortgagee or Mortgagees, their Heirs, Executors, Adminrs. or Assignes.

XV. And as a punishment for such intended fraud or Covin any person or persons which shall Mortgage the same Lands, Tenements, Goods or Chattels a second time a former Mortgage being in force & not discharged, shall have no power or liberty of Redemption in Equity or otherwise.

XVI. Provided also, that nothing in this Act contained shall be construed, deemed or extended to Barr any Widow of any Mortgage or of such Lands & Tenements from her right of Dower to the said Land who did not legally join with her husband in such Mortgage or otherwise Barr or exclude herself from such her Dower or Right.

XVII. And Be It Further Enacted that every prior purchaser or mortgagee of any Lands or Tenements, Goods or Chattels which shall not before the first day of January, 1716, Register his Title or Mortgage as afors'd. If after that time a second deed of Sale, Conveyance or Mortgage be registered before the prior such person, so neglecting shall take no advantage or Benefit of such Purchase or Mortgage already signed & sealed.

XVIII. And Be It Further Enacted by the Authority afors'd that the Register afors'd of every precinct when there is no Clerk of the Church in that precinct shall register all Births, Burials & Marriages within the precinct whereof he is Register & that every Master or Mistress of a family who shall neglect to register the Birth or Death of any person Born or Dying within his or her House or Plantation & every married man who shall neglect to remit to the said Register a Certificate of his Marriage & cause the same to be registered for longer than one month, Each Master or Mistress or Married man so neglecting or refusing shall forfeit & pay to the said Register one shilling per month for every month so neglected. Provided the whole do not exceed Twenty shillings.

XIX. And Be It Further Enacted by the Authority afors'd that all penalties & forfeitures in this Act mentioned shall be recovered by Bill, Plaint or Information in any Court of Record within this Government wherein no Injuncton, Protection or Wager of Law shall be allowed or admitted of.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

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CHAPTER XXXIX.
(Repealed by Act 4 Apr., 1741, Ch. 17.)
An Act concerning Weights and Measures.

I. Be It Enacted by his Excellency the Palatine & the rest of the True & Absolute Lords Proprietors of Carolina by & with the Advice & Consent of the rest of the Members of the Genl. Assembly now met at Little River for the No. East part of said Province.

II. And It Is Hereby Enacted that the Vestry of each & every precinct or parish within this Government which is not already provided therewith shall within Twelve months after the Ratification of this Act at the precinct or parish cause to be assessed, levied & raised with the other precinct or parish charges the several sealed Weights & Measures following that is to to say Five Half hundreds, One Quarter of an Hundred, Four pounds Weight, Two pounds, One pound & two Half pound Weights—A pair of Brass Scales together with a Brass or Copper Yard And of measures an Half Bushel, Peck, Gallon, Pot, Pottle, Quart & pint under the penalty of Twenty Shillings each Vestryman who shall neglect to perform his duty herein; One Halfe to the Informer & the other half to the use of the parish or precinct where the said neglect shall be to be recovered before any Justice of the Peace of the said Precinct without Appeal to any Court or Courts whatsoever.

III. And Be It Further Enacted by the Authority afors'd that the Eldest of the Church wardens of each Precinct or Parish or such other person as shall be appointed by the vestry or the Major part of them shall keep these Standards in his House with a Burnt Mark & Stamp for Iron, Lead or Pewter with the letters N. C. to whom all persons who have not Weights & Measures sealed in England shall bring their Weights & Measures and Steelyards to be tried & sealed.

IV. And Be It Further Enacted by the Authority afors'd that whoever shall presume to buy or sell by Weight or Measure not tryed or sealed as afors'd, whether he be foreignor or Inhabitant, after the procurement of such Weights & Measures as afore directed such person or persons so offending shall forfeit & pay the sum of twenty shillings, for each Default, One Halfe to the Informer & the other half to the Vestry for the use of the Precinct where such default shall be committed to be recovered as aforesaid.

V. And Be It Further Enacted by the Authority afors'd that every person in whose keeping the said Standards shall be shall at the time of the trying & sealing thereof give a Certificate to the owners of all Steelyards, Weights & Measures by him tryed & sealed for which service it shall & may be lawfull for the said Standard keepers to ask, demand & receive the sum of one shilling for every pair of Steelyards, Weights or Measures by him stamped or sealed.

VI. And Be It Further Enacted by the Authority afors'd that the said Standard keeper each & every of them at the time of receiving the said Standards into his or their keeping or within Thirty days after shall have administered to him the following Oath Viz. That he will not stamp, seal or give Certificate for any Steelyards, Weights or Measures by him sealed but such as shall be perfectly agreeable with the Standard & that he will in all things faithfully discharge the office or trust hereby reposed in him to the best of his Judgment or Understanding which Oath the Justices of each & every Precinct Court or any one of them is & are hereby impowered to administer.

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VII. And Whereas by much using the best of Steelyards are lyable to damage & alteration.

Be It Further Enacted by the Authority afors'd that every person using, buying or selling by Steelyards shall trye the same and make them agreeable with the Standard once every year & take out a new Certificate for the same under the penalties & forfeitures before ascertained for using the same without being stamped to be recovered as afors'd for the uses afors'd.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XL.
Staple Commodities Rated.

I. Be It Enacted by his Excellency the Pallatine & the rest of the True & absolute Lords Proprietors of the Province of Carolina by & with the Advice & Consent of the rest of the Members of the Genl. Assembly now met at Little River for the No. East part of the Province & by the Authority of the same.

II. And It Is Hereby Enacted that for establishing a Certainty in Trade & in the payment of Publick Leyys all Debts due or which hereafter may become due on acct. of the Publick or to any Inhabitant or foreignor trading amongst us or in our private dealing amongst ourselves or otherwise howsoever the Debt being contracted or due in Money not expressing Sterling such person or persons to whom such money shall be due shall take & receive of the same any Specie hereafter expressed & all the Rates hereby appointed or Publick Bills of Credit any thing in this Act contained to the Contrary Notwithstanding.

£ s. d.
Tobacco per Cwt 0 10 0
Indyan Corn per Bush. 1 8
Wheat Corn “ “ 3 6
Tallow Tryed, per lb. 5
Leather Tanned & Uncured, per lb. 8
Beaver & other Skins per lb. 2 6
Wild Cat Skins per piece 1 0
Butter per lb. 6
Cheese per lb. 4
Buck & Doe Skins (raw) per lb. 9
do do (drest) “ 2 6
Feathers per lb. 1 4
Pitch (Full Gauged) per Barl. 1 0 0
Whale Oil “ “ 1 10 0
Porke “ “ 2 5 0
Beef “ “ 1 10 0

III. And Be It Further Enacted by the Authority afors'd none of the aforementioned Comodities shall be forced upon any Creditor or Publick

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Receiver or other at the Rates & Prices aforementioned unless they be good in their kind & Merchantable & approved by Two substantial Freeholders Indifferently chosen & sworn before some Magistrate justly & impartially to give their opinion thereon.

IV. And Be It Further Enacted that in all Contracts made or hereafter to be made for Drest Buck skins at Two shillings per skin & Drest Doe Skins at One Shilling & six pence per skin the same shall be adjudged equal to Sterling money of the Kingdom of Great Britain.

CHAPTER XLI.
An Act to Ascertain the Time for the Payment of Pork, Wheat & Indyan Corn.

I. Forasmuch as Wheat, Pork & Indyan Corn (being rated Commodities of this Government for the payment of Debts) are subject to be spoiled if kept beyond their Season.

II. Be It Enacted by his Excellency the Palatine & the rest of the True & Absolute Lords Proprietors of the Province of Carolina by & with the Advice & Consent of the rest of the Members of the Genl. Assembly now met at Little River for the No. East part of the province & by the Authority of the same.

III. And It Is Hereby Enacted that no Execution upon any Judgment passed or hereafter to be passed for any the aforesaid Commodities shall be Executed, upon the Body or Estate of any person whatsoever except within the times hereafter by this Act exprest Viz. for fresh Pork between the first day of September & the last of February, for Barrelled Pork between the said first day of January & the first of May; for Wheat between the first of July & the tenth of September; Indyan Corn between the first of January & the first of June.

IV. Provided always that this Act nor any thing therein Contained shall not be construed nor adjudged in favor of any person withdrawing himself or his effects out of the Government nor hinder the Issuing out & levying of any Execution for any the said Commodities at any other time or times whatsoever during the currency of the public Bills of credit within this Province which are required & directed to be taken in full satisfaction for all or any of the Commodties afors'd or any Judgement obtained for the same.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XLII.
An Act for Ascertaining the Gauge of Barrels & to prevent Fraudes in pork, beefe, Pitch & Tar.

I. Be It Enacted by his Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of the Province of Carolina by & with the Advice & Consent of the rest of the Members of the Genl. Assembly now met

-------------------- page 56 --------------------
at Little River for the No. East part of the said Province & by the Authority of the same.

II. It Is Hereby Enacted that from & after the Ratification of this Act no Cooper or other person whatsoever making Casks shall expose to sale any Barrels or Halfe Barrels for the holding of Beefe, Pork, Pitch, Tar or Train Oyle but what shall contain & hold Thirty One Gallons & a halfe each Barrel, & Fifteen & three quarters Gallons Each Halfe Barrels & all Barrels & Half Barrels which shall be exposed to sale shall be made of timber seasoned at least Six months after the Riveing the Staves not less than Half an inch thick when wrought: the heading not less than 3-4 of an Inch thick & well Dowelled: Twelve good, substantial Hoops on each Cask & the whole to be tight & workmanlike. And every Cooper making Barrels or Halfe Barrels or any other persons making the same before they deliver or expose the same to sale shall set his or her proper Brand Mark upon every Barrel or Half Barrel which Mark he or they shall cause to be recorded in the office of the Precinct where he or they shall reside or dwell.

III. And Be It Further Enacted by the Authority afors'd that every Cooper or other person exposing to Sale any Cask not agreeable to the directions of this Act shall for every offence forfeit the sum of six Shillings & eight pence & the Cask or Barrells so deficient & for not recording his or their Brand the sum of Twenty Shillings: one half to the Church wardens & Vestry for the use of the Parish, the other to him or them that shall sue for the same before any Justice of the Peace.

IV. And Be It Further Enacted by the Authority afors'd that upon Complaint made upon Oath or solemn Affirmation by any person or persons to any Justice of the Peace in this Government that he hath received of any person or persons any Beef, Pork, Pitch, Tarr or Train oyle that is not good or Merchantable or is not in good or sufficient Cask as is by the Law appointed or that the Pork is deceitfully packed up or contains more head than by Law is allowed or that there is Boars' flesh mixed or packed therein or that the meat is not well saved & salted fit for Exportation or that the Beef is mixed with Bulls' flesh, shanks, Marrow Bones or Heads, or is any way defective & not Merchantable such Justice, upon all or any of those complaints shall issue his warrant to two reputable Freeholders who shall view the same & upon their Oaths shall make report thereof & of the Damages to the same Justice that issued out his Warrant & if the complaint shall appear to be just he shall immediately order double damages to the party injured & the value of such Pork, pitch, Tarr or oyle shall be forfeited to the Church Wardens & Vestry for the use of the Parish where such offender lived or resided.

V. And Be It Further Enacted by the Authority afors'd that all forfeitures that shall become due by Virtue of this Act shall be sued for within ten days after the receiving of such Cask, Beef, Pork, Pitch, Tarr or Train Oyle & not after.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

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CHAPTER XLIII.
(Repealed by Act 4 April, 1741, Ch. 8.)
An Act to appoint the Marking Horses, Cattle & Hoggs & to prevent injuries done by killing, mis-marking, driving away or destroying people's Stocks.

I. Be It Enacted by his Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of the Province of Carolina by & with the advice & consent of the rest of the Members of the General Assembly now met at Little River for the North East part of the Province & by the Authority of the same.

II. It Is Hereby Enacted that all persons having or claiming any unmarked Horses, Cattle or Hoggs within this Government shall have liberty till the first day of April 1717 to take up, Brand & Mark all such Horses, Cattle or Hoggs that now are running in any part of this Government. And if in the time afors'd or at any time hereafter any Ranger shall take up, Brande, Marke or drive away any unmarked Horse, Mare or Foal, Neat Cattle & Hoggs belonging to the Inhabitants of this Government & the same be made appear by the Testimony of any one credible person before any Magistrate every Ranger shall deliver such Horse, Mare, Foal Cattle or Hogg to the person or persons so claiming or the value thereof to be ascertained by the said Magistrate such person or persons paying to the Ranger Ten Shillings for every such Horse, Mare or Foale, Two Shillings & Six pence for Neat Cattle & Eighteen pence for every Hogg.

III. And Be It Further Enacted by the Authority afors'd that every person inhabiting within this Government shall have eighteen months time for the foaling of any Mare to marke the Foale, Fifteen months for the marking of any Calf & Nine months for the Marking of any Hogg or Shoate: Or if any Ranger whatever shall take up, kill, or drive away any unmarked Horse, Mare, Colt, Cattle or Hogg under the Age aforementioned he shall have no reward for the same but deliver the same or be accountable for the value thereof to the Owner if it can be proved on Oath or Testimony whose it is or to the owner of the Land where it was taken up or killed or from where it was driven. And also forfeit the sum of Five Pounds one half to the owner of the Beast or Land from where it was taken, Killed or drove away the other half to the Informer to be recovered by Action of Debt, Bill, Plaint, or information wherein no Essoign, Protection, injunction or Wager of Law shall be allowed or admitted of. And the Age & value of every Horse, Mare, colt, Neat Cattle or Hogg to be determined by the next Magistrate & for the prevention of disputes which shall or may hereafter arise touching the Branding or Marking of Horses, Cattle & Hoggs.

IV. Be It Enacted by the Authority afors'd that from & after the Ratification of this Act all & every person or persons whatsoever which in any way dispute which shall & may arise concerning any unmarked Horses, Mares, Colts, Neat Cattle or Hoggs shall claim the same as of his own proper stock such person or persons shall not be allowed the same unless his Brande or Marke by which he claims the same be Registered.

V. Provided always that it shall be sufficient for any person to produce the Bill of Sale by which he claims any Stock & their Increase which shall be allowed, deemed & taken to be as good to claim by as though the same had been of his own proper Stock or Markt. or had been registered.

VI. And Be It Further Enacted by the Authority afors'd that if any person

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or persons shall take up, kill, marke, or Brande or Mis-mark or Mis-brande or Alter or deface the Marke or Markes, brande or brandes of any Horses, Cattle or Hoggs not properly their own & be thereof lawfully convicted by the Oath or Testimony of any one credible Witness he or they shall forfeit for every Horse, Mare, Colt, Neat Cattle, or Hogg so taken up, killed, marked or branded, Mismarked or Misbranded, altered or defaced, the sum of Ten pounds over & above the value of such Horse, Mare, Colt, Neat Cattle or Hoggs: the one half to the owner of said Horse, Neat Cattle or Hogg the other half to him or them 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, Wager of Law, Priviledge or Injunction shall be allowed or admitted of.

VII. And Be It Further Enacted by the Authority afors'd that any person or persons whatsoever which shall kill any Cattle or Hoggs in the Woods altho' his own shall hereby be obliged to bring in the Hyde of every beast with the ears on & the head of every Hogg so killed with the ears on & shew or cause the same to be shewn to two sufficient Freeholders of the Neighborhood and whosoever shall kill any Cattle or Hoggs & not bring the Hyde or head in as by this Act is directed or which shall steal the Cattle or Hoggs of other persons shall forfeit & pay the sum of Ten pounds for every such Beast or hogg so stolen as afors'd one half to the use of the Poor of the Parish & the other half to him or them 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, or injunction shall be allowed or admitted of.

VIII. And for the better Discovery of such as shall steal Cattle or Hoggs, It is Further Enacted by the Authority afors'd that if any person or persons whatsoever either Merchant or others shall pack up or cause to be packed up in Barrells, to sell or to be transported any Hoggs, he or they so doing shall be obliged by this Act to pack the head of every Hogg with the ears on (being well cleaned) into the Barrell & if any person or persons shall fail thereof & shall be lawfully convicted of the same he or they shall forfeit such Barrell of Pork as shall be packed up contrary to the direction of this Act: one half to the Vestry men for the use of the Parish, the other half to him or them 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 or Injunction shall be allowed or admitted of.

IX. And Be It Further Enacted by the Authority afors'd that any Free-holder which shall suspect any person or persons of Hogg Stealing shall have full authority & power to take the Constable along with him to search any House or place suspected & upon any discovery made of any stolen meat the Constable is hereby required & commanded to take all suspected persons & carry them before the next Magistrate there to give security to appear the next Court to answer the same.

X. And Be It Further Enacted that if any person or persons convicted of any offence mentioned in this Act shall not have wherewith to pay & satisfy the Forfeitures mentioned in this Act for such offence the Court shall immediately sell such person (being a single person) as a Servant for two years to any person that shall pay & answer the forfeitures due for such offence. And if it shall happen that the party injured by such offence cannot be known then that part which should have gone to the party injured shall be paid to the Vestry for the use of the parish. And if a Married man

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shall commit such offence & not be capable of paying the Fine or Forfeitures by this Law imposed he shall for the first offence receive at the Whipping post or in the Court yard Twenty stripes on his bare back & give security for his good behaviour never to offend in the like manner & if such person shall offend the second time he shall receive Thirty nine stripes on his bare back in like manner & be transported out of the Government.

XI. And Be It Further Enacted by the Authority afors'd that if any person shall drive or chase any Stock or parcell of Hoggs, Horses or Cattle other than his own from any land belonging to any other person or that shall kill any Hoggs or Cattle or drive away any Horse other than his own without Leave or License from the owner of such Land such person so driving or chasing shall forfeit the sum of five pounds, one half to the Church Wardens & Vestry for the use of the Parish where such offence shall be done, the other half to the Informer to be recovered by Action of Debt, Bill, Plaint, or Information in any Court of Record in this Government wherein no Injunction or Wager of Law shall be allowed or admitted of.

XII. And Be It Further Enacted by the Authority afors'd that where any person or persons shall be guilty of any breach of Act & the person or persons aggrieved do not prosecute the same pursuant to the purport, intent & meaning thereof within the space of Six months after Notice given or knowledge of the same that then & in such case it shall & may be lawfull for any other person or persons to prosecute the same & have & receive the same benefit & profit thereby as the party injured might have done had he himself done it in due time.

XIII. And Whereas, since the late Warr with the Indians divers persons could not so conveniently get up their Cattle in the Spring as formerly they could before the Warr as afors'd which has given opportunity to evil disposed persons to drive up Cattle which of right belonged to their Neighbors, milking them all the Summer & afterwards marking the increase of their own proper mark to the great prejudice of the owners of such Cattle—for prevention whereof for the future.

XIV. Be It Enacted by the Authority afor'sd that where any person or persons that shall have at his or their respective Cow-pens or Plantations any stray Cattle or that to their knowledge belongs to any person or persons within this Government & shall not by an Instrument of writing from under his or their hands give public notice thereof by affixing the same at the Court-House door of the precinct where he or they shall reside or otherwise give intelligence to the right owner if known within Twenty days after his or their taking up such Cattle or being frequently upon his or their Plantation shall forfeit & pay the sum of Forty Shillings for every month such Cattle shall be concealed to be recovered by a Warrant from any Justice of the Peace where such Default shall be committed: One half to the Informer, the other half to the party grieved, where no Essoign, Protection or Wager of Law shall be allowed or admitted of.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

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CHAPTER XLIV.
(See Act 27 Nov., 1729, ch. 5.)
An Act appointing Toll-Books to be kept at or near Katherine's Creek in Chowan Precinct at the Head of Perquimans River & at the mouth of the North West River in Corratuck Precinct, And to Prevent Persons from transporting or driving Horses, Cattle or Hoggs to other persons' Lands.

I. Whereas divers persons, Inhabitants of Virginia frequently comeing into this Government to purchase Cattle or Hoggs it may be greatly feared they may drive away Cattle or Hoggs which they have not purchased. And whereas divers persons as well as Inhabitants of this Government as of Virginia do very often drive, lead or carry Horses, Cattle & Hoggs to other persons' Lands where they suppose it is better herbage or Mast than that whereon they are dwellers, for prevention whereof.

II. Be It Enacted by his Excellency the Pallatine & the rest of the true & Absolute Lords Proprietors of the Province of Carolina by & with the Advice & Consent of the Rest of the members of the General Assembly now met at Little River for the North East part of the said province & by the Authority of the same.

III. It Is Hereby Enacted that there shall be at Katherine's Creek in Chowan Precinct at the head of Perquimmins River & at the Mouth of the North West River in Corrituck Precinct Persons appointed by the Governor or Commander in Chief for the time being to keep a Toll-Book and all persons whether Drivers, Purchasers or Owners of Cattle or Hoggs shall be obliged to enter in the Toll-Book every Beast or Hogg with their Mark & Distinction & of whom purchased & that what person soever shall drive Cattle or Hoggs to Virginia & shall neglect to enter the same in the respective Toll-Book according to this Act shall forfeit every such beast or Hogg which shall be so omitted as afors'd. And if such Beast or Hogg be not to be had the person so omitting shall forfeit & pay the sum of Forty shillings to be recovered by a Warrant from the next Justice of the Peace.

IV. And It Is Hereby Enacted that every purchaser, owner or Driver of Cattle & Hoggs shall pay unto the person appointed to keep the said Toll-Book Two pence for every beast & one penny for every Hogg which shall be so driven & entered in the said Toll-Book.

V. And Be It Further Enacted by the Authority afors'd that if any person or persons whatsoever either inhabiting in Virginia or in this Government shall after the Ratification of this Act presume to drive, lead, transport or carry any Cattle, Horses, or Hoggs to range upon any person's Lands shall forfeit & pay the sum of Ten pounds & that no person or persons whatsoever inhabiting this Government shall give leave to any other person or persons either Inhabitants or Foreigners to turn loose, drive & put on his Land any Horses, Cattle, or Hoggs under the like penalty of Tenn pounds.

VI. And Be It Further Enacted by the Authority aforesaid that no Foreigner whatsoever either by the consent or permission of any other person or persons inhabiting this Government or otherwise shall presume or offer to drive, lead or bring into this Government any Stocks of Cattle, Hoggs or Horses with intention to winter them here or to destroy the Herbage or Mast under the penalty of Twenty pounds & it is hereby meant & intended & so shall be understood & taken that no person shall be deemed an Inhabitant that holds land by Entry, Survey or Patent but such as actually

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& constantly reside on such Lands or keep the same always Tenanted, Cultivate & Improved.

VII. And It Is Hereby Further Enacted by the Authority afors'd that the Ranger of each precinct or division where such offence shall be committed or (on his Default) the keeper of the Toll-Book is hereby appointed to make distress of such Cattle, hoggs, or horses of any person or persons offending; the one half of which Fine or Forfeiture shall be to the Ranger or keeper of the Toll-Book whichsoever shall make the Distress & the other halfe to the Church Wardens & Vestry for the use of the Parish where the offence shall be committed.

VIII. And Be It Further Enacted by the Authority afors'd that all Fines & Forfeitures in this Act mentioned and not herein and hereby expressly and particularly mentioned to whom they shall be paid & how to be recovered shall be one half to the Church Wardens & Vestry for the use of the Parish where the offence shall be committed & the other half to him or them that shall sue for the same in any Court of Record in this Government by Bill, Plaint or Information wherein no Essoign, Protection, Wager of Law or Injunction shall be allowed or admitted of.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XLV.
What Fences are Sufficient.

I. Be It Enacted by his Excellency the Pallatine & the True & Absolute Lords Proprs. of Carolina by & with the Advice & Consent of this Present General Assembly now met at Little River for the North East part of the said Province.

II. And It Is Hereby Enacted that every planter shall make a sufficient Fence about his clear Grounds Five foot high & the end of every Raile not to be above four Inches asunder untill the Fence be three foot high from the Ground which if any person be deficient in whatsoever Trespass or Damage such person shall sustain by Horses, hoggs or Cattle the owner of such Horses, hoggs or Cattle shall not be Liable to any Action of Trespass or to make Satisfaction for such Injury.

III. And Be It Further Enacted that if any person whose Fence is insufficient shall with Gunns, doggs or otherwise unreasonably chase, worry, Maim or kill any cattle, hoggs or horses or cause the same to be done such person so offending shall make Full Satisfaction for such Damages or injury to the owners of such horses, hoggs or cattle as he shall thereby sustain to be recovered by Action of Debt in the Court of the Precinct wherein such Injury shall be committed wherein the Testimony of one Witness shall be sufficient proof Provided the Damages do amount to above Value of forty Shillings but in case the Damages be less than Forty Shillings then the same shall be Tryable, Issuable & Determinable by & before Justices of the Peace only as by the Act intitulled an Act for the Trial of Small & Mean Causes is directed & provided.

IV. But In Case any Horses, Hoggs Or Cattle shall Trespass upon any

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one's Land whose Fence shall be sufficient according & agreeable to the Directions of this Act which shall be determined by any two sufficient Freeholders of the Neighborhood Indifferently chosen & sworn before some Magistrate, Then the Owner of such Horses, Hoggs or Cattle shall make full satisfaction for the Trespass to the Party Injured to be recovered in such Manner as is herein before by this Act directed.

V. And It Is Further Enacted by the Authority afors'd that every person whose Horse or Mare or Gelding shall break into any Inclosed Grounds Fenced according to the Direction of this Act such person or persons shall be bound to keep such unruly horse or Mare or Gelding from the Tenth Day of March untill the Tenth Day of November Yearly under the penalty of paying double Damages with Cost to the party Injured, for the Second Offence or Trespass & for the Third Offence Treble Damages to be recovered as afors'd.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XLVI.
(Repealed by Act 4 April, 1741, ch. 24.)
An Act Concerning Servants & Slaves.

I. Be It Enacted by his Excellency the Pallatine & the Rest of the True & Absolute Lords Proprs. of Carolina by & with the Advice & Consent of this Present General Assembly now met at Little River for the No. East part of the said Province.

II. And It Is Hereby Enacted that all Christian Servants Imported or to be Imported into this Government above Sixteen Years of Age without Indentures shall serve Five Years. And all under the Age of Sixteen Years at the time of their Importation shall serve till they be Two & Twenty Years of Age. And the Age of such Servant or Servants to be adjudged by the Precinct Court where the Master or Mistress of such servant resides. Provided the Master or Mistress of such servant do carry him or her to the said Court within Six Months after their Importation. Otherwise such Servant or Servants shall serve no longer than those of Sixteen years are above appointed to serve by virtue of this Act.

III. And Be It Further Enacted by the Authority afors'd that every Christian Servant whether so by Importation or by Contract made in this Government that shall, at any time or times absent him or herself from his or her Master or Mistress' service without his or her License first had shall make satisfaction by serving after the time by Custom or Indenture or Contract for serving is expired, double the time of Service lost or neglected by such time or times of Absence & also such longer time as the Court shall see fit to adjudge in consideration of any further Charge or Damages accrueing to the Master or Mistress by such time or times of Absence as aforesaid.

IV. And Be It Further Enacted that if any Christian Servant shall lay violent hands on his or her Master or Mistress or Overseer, upon proof

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thereof made, shall for every offence suffer such corporal punishment as the Court shall think fit to adjudge. And as an Incouragement for Christian servants to perform their service with Fidelity & cheerfulness.

V. Be It Further Enacted that every Master or Mistress shall provide for their servants so Imported or Indented Competent Dyet, Clothing & Lodging. And shall not exceed the Bounds of moderation in correcting them beyond their Demerits. And that it shall & may be lawfull for any Servant having just Cause of Complaint to repair to the next Magistrate who is hereby impowered, required & directed to bind over such Master or Mistress to Appear & answer the Complaint the next precinct Court and there to stand to & abide by such Orders & Judgment as the Court shall think fitt to pass thereon. And if the Magistrate shall see just cause he shall also take further security that he or she shall not in the mean time abuse such servant. And as a Further Encouragement for the faithful discharge of the such Imported or Indented Servants' services.

VI. Be It Enacted that every Christian Servant shall be allowed by their Master or Mistress at the expiration of his or her time of service Three Barrells of Indyan Corn & two new Suits of Apparrell of the Value of Five pounds at least or in lieu of one suit of Apparrell a good well-fixed Gun, if he be a Manservant.

VII. And Be It Further Enacted by the Authority afors'd that if any person or persons shall entertain or Harbour any Runaway Servant or Slave above one Night he or they so offending shall for every Four & Twenty hours afterwards forfeit & pay the sum of Tenn Shillings to the Master or Mistress of such Servant or Slave together with all Costs, Losses & damages which the Master or Mistress shall sustain by means of such entertainment or Concealment to be recovered in any Court of Record within this Government wherein no Essoign, Protection, Injunction or Wager of Law shall be allowed or admitted of.

VIII. And Be It Further Enacted by the Authority afors'd that no Master nor Mistress Nor Overseer shall give leave to any Negro, Mulatto or Indyan Slave (except such as wait upon their persons or wear Liverys) to go out of their Plantations without a Ticket or White servant along with them which Ticket at least the name of either the Master, Mistress or Overseer shall be subscribed & therein shall be incerted the place from whence he came & whither going under the Penalty of Five Shillings besides the charge of paying for the taking up of such slave or runaway.

IX. And Be It Further Enacted that all persons shall use their utmost endeavours to apprehend all such Servants & Slaves as they conceive to be Runaways or travell without Tickett as afors'd or that shall be seen off his Master's ground Arm'd with any Gun, Sword or any other Weapon of defence or offence altho' provided with a Tickett unless particularly mentioned and him, her or them having Apprehended shall carry & convey before the next Magistrate which Magistrate is hereby impowered to order and adjudge such Corporal Punishment to the said suspected Runaway as he shall think fitt and after correction shall order & command the Apprehender or Apprehenders to carry such slave immediately to the proper Owner if known & if not known then to the Provost Marshall for all which service the said Apprehender or Apprehenders shall be allowed the sum of Five Shillings over & above the sum of one Shilling per Mile for any distance not exceeding Ten Miles & for every Mile above Ten at the rate of Three pence per Mile According to Computation to be paid by the Master of such Slave or Servant. But in case where the Master or Owner is not known then the Provost

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Marshall shall pay & satisfy the Apprehender or Apprehenders the several Premiums or Rewards before mentioned & the said Marshall before he delivers such servant or slave to the Owner or Order is hereby Authorized & Impowered to demand, receive & take of & from the said Owner not only the afors'd premiums or Rewards but also the sum of Six Pence per day during the time of the Servant or Slaves Imprisonment. Provided there be a necessity of Confinement otherwise the Labour of such Servant or Slave shall satisfy for his Imprisonment And the said Marshall is hereby Required & Commanded to Proclaim such Servant or Slave in every Precinct at the three next Courts after the Receipt of such servant or Slave And if it shall happen in the mean time that such Servant or Slave shall make his Escape, the Marshall shall not be obliged to make satisfaction unless there be sufficient Prisons provided for the security of such or that it can be made appear that he has connived at the escape or doth anyways concele such Servant or Slave from the Owner. And if any person or persons shall kill any Runaway Slave that hath lyen out two months such person or persons shall not be called to answer for the same if he give Oath that he could not apprehend such Slave but was constrained to kill him.

X. And Be It Further Enacted by the Authority afors'd that whosoever shall buy, sell, Trade, Truck, Borrow or Lend to or with any Servant or Servants or Slave or Slaves without the Licence or Consent in Writing under the Hand of his or her or their Master or Owners for any Condition whatsoever such person or persons so offending contrary to the true Intent & Meaning of this Act shall forfeit treble the Value of the thing Bought, sold, Traded or Trucked or Borrowed or lent. And also the sum of Ten pounds to be recovered by the Master or Mistress of such Servant or Slave in such manner as is before in this Act directed, Provided that if the said Master or Mistress of such servant or slave shall neglect or refuse to prosecute such Offender within Six months next after notice or knowledge thereof that then it shall & may be Lawfull for any other person to Prosecute the same & to have & receive the same benefit thereby as should have accrued to the said Master or Mistress had they done the same.

XI. And Be It Further Enacted by the Authority afors'd that where any slave shall be guilty of any Crime or Offence whatsoever the same shall be heard & determined by any three Justices of the Precinct Court where such Offence or Crime shall be Committed & three Freeholders such as have Slaves in that Precinct or the Major part of them shall have full power & authority & they are hereby required & commanded to Trye the same according to their best Judgment & Discretion at such time & place as the first in Commission in the said precinct shall appoint & to pass Judgment for life or Member or any other Corporal Punishment on such Offender & cause Execution of the same Judgment to be made & done. And if any Slave shall be killed in apprehending or that shall by Judgment of the said Justices & Freeholders or the Major part of them be publickly executed to the Terror of other Slaves, such Justices & Freeholders shall give a Certificate of the Value of such Slave under their hands to the Master or Owner of such Slave who shall be thereby Entitulled to a Pole-Tax on all Slaves in the Government to make up that sum to the Owner of such Slave so publickly Executed or killed in Apprehending.

XII. And Be It Further Enacted that if any Woman Servant shall be gotten with Child in this Country & bring it forth in the time of her Servitude she shall serve Two Years to her Master or Owner for her Offence over & above what punishment she shall be & is Lyable unto for her Fornication.

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XIII. Provided always that Women Servants comeing into this Country with Child shall not fall under the Penalty of this Act. And in case a Woman servant shall in the time of her servitude be delivered of a child begotten by her Master then instead of the two years servitude to her Master she shall be sold by the Church Wardens of the Precinct or parish where the fault is committed for two years after her time by Indenture or Custome is fullfilled. And the Money arising by the said sale shall be disposed of by the Vestry for the use of the Parish.

XIV. And Be It Further Enacted by the Authority afors'd that where any White woman whether Bond or Free shall have a Bastard child by a Negro, Mulatto or Indyan over & above the Two years service to her Master or Owner she shall immediately upon the Expiration of her time to her present Master or Owner pay down to the Church Wardens of the Parish wherein such shall be born for the use of the said Parish the sum of Six pounds Current Money of this Province or be by them sold for two years to the use aforesaid.

XV. And Be It Further Enacted that in the case last aforementioned the Church Wardens aforesaid are hereby Impowered to bind out the said children to be servants untill they arrive at & be of the full age of Thirty One Years. And if any Proffits shall accrue or may be made by the Binding out of such Children the same shall be accounted for by the Church Wardens to the Vestry or applied for & toward the use of the Parish.

XVI. And Be It Further Enacted By the Authority aforesaid that no White man or woman shall intermarry with any Negro, Mulatto or Indyan Man or Woman under the penalty of Fifty Pounds for each White man or woman.

XVII. And Be It Further Enacted that no Clergyman, Justice of the Peace or other person licensed to marry shall hereafter presume to celebrate such marriage under the like Penalty of Fifty pounds for every such marriage one half to the Informer & the other half to be lodged in the hands of the Governor or Commander in Chief for the time being to be applied for & towards the building of any Publick Church, Court-House or Bridges as the Governor shall think fit, and in case no such building shall require it then to the Lords Proprs. to be recovered as is hereafter in this Act appointed.

XVIII. And Be It Further Enacted by the Authority aforesaid that no person within this Government shall make any contract with his or their Negro or Negroes for his or their freedom or Liberty that are Runaways or Refractory Negroes. Provided that this Act shall not hinder any man from setting his Negro free as a Reward for his, or their honest & Faithful service. And Provided that such Negro depart the Government within Six Months after his Freedom But if any Negro set free as aforesaid shall not within the time Limitted & according to the true Intent & Meaning of this Act depart the Government then such Negro or Negroes shall by the precinct Court be sold for Five Years to such person or persons as shall give security for their Transportation & the Moneys arising by such sale shall be paid into the Publick Treasury.

XIX. And Be It Further Enacted that if any Master or Owner of Negroes or Slaves or any other person or persons whatsoever in this Government shall permitt or suffer any Negro or Negroes to build on their or either of their land or any part thereof any house under pretence of a Meeting House upon the Acct. of Worship or upon any pretence whatsoever & shall not suppress & hinder the same he, she or they so offending shall for every default forfeit & pay Fifty Pounds One half towards defraying the contingent

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charge of the Government the other halfe to him or them 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, Wager of Law, or Injunction shall be allowed or admitted of.

XX. And Be It Also Enacted that this Act shall be Publickly read by the Minister of Every Precinct or Parish immediately after Divine Service at least twice every year, Viz.: on the first Sunday in the Month of March & Oct. And for want of such Minister by the Clerke of every Precinct Court during the Court's sitting at the Courts holden in the months of April & October yearly under the penalty of Twenty Shillings for every neglect. And further that copies of this Act & of the Act for observing the Lord's Day to be sent to every Minister within Three Weeks after his arrival by the Clerke of that Precinct Court where he shall reside under the like Penalty of Twenty Shillings for every Neglect or default to be recovered as other Fines in this act are appointed & applied one Halfe to the Informer & the other halfe to the Church Wardens for the use of the Poor.

XXI. And Be It Further Enacted that all Penaltys mentioned in this Act & not otherwise declared shall be recovered before one Justice of the Peace if not exceding Forty Shillings if more by Information or Action of Debt in any Court of Record one halfe towards defraying the Contingent charges of the Government and the other halfe to the Informer.

CHAPTER XLVII.
Private Burials Prohibited.

I. Whereas the Burying of Servants privately may occasion much scandal to this Government and bring divers Innocent persons under suspicion of useing Indirect means towards the procuring such persons deaths.

II. It is Hereby Enacted by his Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of Carolina by & with the Advice & Consent of this present General Assembly now met at Little River for the North East part of the said province, That every Planter, Owner, Attorney or Overseer of every settled plantation in this Government or that hereafter shall be settled shall be set apart a Burial Place & fence the same for the Interring of all such Christian Persons whether Bond or Free that shall die on their Plantations & that before the Interment there shall be called at least Three or Four of the Neighbours to view the Corpse. And if it appear to them that the person came to his or her death by any Violence or unlawful means Notice thereof shall be given forthwith to the Coroner of that precinct so that proceedings may be had thereon according to Law and in case any of the persons so called shall refuse to come & view he or she so refusing shall forfeit & pay the sum of Five Shillings to be Levied by a Warrant from the next Justice of the Peace & paid to the Church Warden for the use of the poor of said parish.

And further if any person so dying shall be buried contrary to the true Intent & meaning of this Act Then the Person or Persons occasioning the same shall forfeit & pay the sum of Ten Pounds one third to the Informer another third to the Lords Proprs. & the remaining part to the Poor to be recovered by Bill, Plaint, or Information in the General Court of this Government wherein no Essoign, Protection or Wager of Law shall be allowed Unless such person who in their lifetime by appointment or otherwise signified

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their desire of being Interred elsewhere. Or unless the person concerned in such Burial can make it sufficiently appear that so many of the Neighborhood has refused to come on Notice given them to appear & view the same that he could not without great Travel & Expence or damage to the corpse keep it any longer.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XLVIII.
An Act Concerning Proveing Wills and Granting Letters of Administration and to prevent Fraudes in the Management of Intestates Estates.

I. Be It Enacted by his Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of the Province of Carolina by & with the advice & consent of the rest of the Members of the General Assembly now met at Little River for the No. East part of the province & by the Authority of the same.

II. It is Hereby Enacted & declared that all Wills & Administrations heretofore proved & granted by the Council, General Court, Precinct Court or by powers or Commission heretofore granted by any Governor, Deputy Governor, President & Council to any particular person or persons shall be deemed adjudged & taken to be good & effectual to all Intents & Purposes whatsoever as if proved before Or granted by any Ordinary or other Ecclesiastical Judge or person.

III. And Be It Further Enacted by the Authority afors'd that it shall & may be lawfull for the Governor or Commander in Chief for the time being the General Court or Precinct Court to have Wills proved before them and Grant Orders for Administration. Provided the same be not repugnant to the Rules & Methods prescribed in this Act And Provided that the Granting Letters Testamentary or Letters of Administration allways Excepted which shall be allways from & after the Ratification of this Act signed by the Governor or Commander in Chief for the time being and sealed with the Colony seale & only Issuing out of the Secretary's Office & Counter signed by the Secretary or Deputy.

IV. And Be It Further Enacted by the Authority afores'd that no person do presume to enter upon Administration of any Deceased's Estate untill they have obtained such commissions or Administration or letters Testamentary signed by the Governor afors'd upon & under the penalty of Fifty Pounds one halfe to the Informer the other halfe to the Governor or Commander in Chief for the time being to be recovered by Bill, Plaint or Information in the General Court of this Government wherein no Essoign, Protection or Wager of Law shall be allowed or admitted of.

V. And It is Further Enacted by the Authority afors'd that the Secretary or his Deputy shall not affix the Colony Seale or subscribe any letters Testamentary without taking the Executor's Oath for performing the Will of the Deceased unless Certificate made by a Justice of the Peace that the same Oath is taken before him or Letters of Administration without having sufficient Bonds with two or more able Surety's taken either before the Secretary

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or the Justices of the Precinct Court and returned into the Secretary's Office (respect being had to the value of the Estate) in the name of the Governor or Commander in Chief for the time being with the Condition in Form & Manner Following Mutatis mutandis, Viz.

VI. The Condition of this Obligation is such that if the above bounden A B Administrator of all & singular the Goods, Chattels & Creditts of C D Deceased do make or cause to be Made a True & Perfect Inventory of all & singular the Goods, Chattels & Credits of the said Deceased which have or shall come to the hands, possession or knowledge of him the said A B, or into the hands & Possession of any person or persons for him & the same so made do Exhibit or Cause to be Exhibited into the Secretary's Office & one attested Copy thereof to the Precinct Court where Orders for Administration passed within Ninety days after the date of these Presents, and the same Goods Chattels & Credits and all other the Goods & Chattels & Credits of the said Deceased at the time of his death or which at any time after shall come to the hands or possession of the said A. B. or into the hands or possession of any other person or persons for him do well & True administer according to Law and further do make or cause to be made a True & Just Acct. of his said Administration within one year after the date of these present and all the Rest & Residue of the said Goods, Chattels & Credits which shall be found remaining upon the said Administrators Accts. the same being first Examined & Allowed of by the Governor & Council, General Court or Precinct Court shall deliver & pay unto such person or persons respectively as the same shall be due pursuant to the True Intent & meaning of this Act And if it shall appear that any last Will & Testament was made by the said Deceased and the Executor or Executors therein named do exhibit the same into Court making request to have it allowed & approved accordingly. If the said A. B. above bound being thereunto required do render & deliver the said Letters of Administration (Approbation of such Testament being first had & made) in the said Court then this Obligation to be Void & of none Effect or else do remain in full force & virtue. Which Bonds are hereby Declared & Enacted to be good to all Intents & Purposes & Pleadable in any Courts of Justice & shall be Transferred or Assigned by the Governor or Commander in Chief for the time being to any person or persons injured who shall and may maintain an action thereon.

VIII. And Be It Further Enacted by the Authority afors'd that all & every person or persons for whom Administration shall be granted shall distribute the surplusage of such Estate or Estates in manner following, that is to say One Third part of the said Surplusage to the Wife of the Intestate & all the rest by Equal portions to & among the Children in case any of the said Children be then dead, other than such Child or Children (not being Heir at Law) who shall have any Estate by the settlement of the Intestate or shall be advanced by the Intestate in his Lifetime by portion or portions equal to the share which shall by such distribution be Allotted to other Children to whom such distribution is to be made. And in case any Child other than the Heir at Law who shall have any Estate by settlement from the said Intestate or shall be advanced by the said Intestate in his Lifetime by Portion not equal to the share which will be due to the other Children by such distribution as afors'd (such settlement or advancement to be adjudged to the Value it was worth at the time of the settlement or Advancement) then so much of the surplusage of the Estate of such Intestate to be distributed to such Child or Children as shall have any land by Settlement

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from the Intestate or were Advanced in the Lifetime of the Intestate as shall make the Estate of all the said Children to be equal as near as can be estimated. But the Heire at Law notwithstanding any land that he shall have by descent or otherwise from the Intestate is to have an equal part in the Distribution with the rest of the Children without any consideration of the Value of Land which he hath by descent or otherwise from the Intestate.

IX. And in Case there be no Children nor any Legal Representatives of them then one Moiety of the said Estate to be allotted to the Wife of the Intestate the Residue of the said Estate to be distributed equally to every of the next of kindred to the Intestate who are in equal degree & to those who legally represent them.

X. Provided that there be no representations admitted among Collaterals after Brothers & Sisters children And in case there be no Wife then all the said Estate to be distributed equally to & amongst the children And in case there be no child then to the next of kindred in equal degree of or unto the Intestate & their Legal Representatives as afors'd & in no other manner whatsoever.

XI. And Be It Further Enacted by the Authority afors'd that no Executor or Administrator shall hereafter take or hold to himself (according to the Value of the Appraisement) more of the Deceased Estate than amounts to his necessary Charges & Disbursements & such Debts as he shall legally pay within Twelve months after Administration granted. But that all such Estate so remaining shall immediately after the end of Twelve months be expired be equally & indifferently divided & paid to such persons to whom the same is due by this Act or the Will of the Deceased such person or persons or some other for them giving Good Security that if any Debt or debts truly owing by the deceased shall be afterwards sued for & recovered or otherwise duely made appear That then & in every such case he or they shall respectively refund & pay back to the Administrator or Executor his or her Rateable part of that Debt or Debts with the charges of the Executor or Administrator by reason of such Debt or Debts out of the part or share so as afors'd allotted to him or her thereby to enable the said Exect. or Adminst. to pay & satisfy the said Debt or Debts so discovered after distribution so made as afors'd.

XII. And Be It Further Enacted by the Authority afores'd that where any person shall dye Intestate Administration shall be granted to the next of kin to the Deceased. Provided such Person make Claim to the same in the Secretary's Office or Precinct before the next General Court following the Death of the Intestate before which time Administration shall not be granted to any person. And for want of such of the Greatest Creditor proveing his Debt upon Oath before the Governor or Commander in Chief for the time being the General or Precinct Courts and in case any pretending right to Administration shall before the next General Court following the death of such Intestate enter a Caveat in the Secretary's Office against any other persons having Administration the Secretary or his Deputy shall forbear to Seal or Countersign any Letter of Administration till the case in Controversie shall be heard & determined by the Governor or Commander in Chief & Council for the time being.

XIII. And Be It Further Enacted by the Authority afors'd that Creditors of any person Deceased shall make their Claim within Seven years after the Death of such Debtor or otherwise such Creditor shall be forever Barred And if it shall happen that any sum or sums of Money shall hereafter remain in the hands of any Administrator after the terms of seven years shall be

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expired & not recovered by any of Kinn to the Deceased or by any Creditor in that time the same shall be paid to the Church Wardens & Vestry to & for the Use of the Parish where the said money shall remain.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XLIX.
An Act Concerning Orphans.

I. Be It Enacted by His Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of the Province of Carolina by & with the Advice & Consent of the rest of the Members of the General Assembly now met at Little River for the No. East part of the said Province & by the Authority of the same.

II. It Is Hereby Enacted that from & after the Ratification of this Act no person or persons whatsoever shall give or bind any children or Orphans nor shall any person take or receive any Children or Orphans so given or bound (unless the same be from the parents) without the leave or consent of the Precinct Court where such Orphans shall reside or dwell under the Penalty of Twenty pounds One half to be paid to & for the use of such Orphan the other halfe to him or them that will sue for the same.

III. And Be It Further Enacted by the Authority of the same that the Precinct Courts are hereby Authorized & Impowered to Grant Letters of Tuition or Guardianship to such persons as they shall think proper for the care of bringing up Education of all Orphans & for the taking care of their Estates of all which Guardians so by them appointed they shall take good Security for the due performance of their office or trust. And if the said Courts or any of them shall neglect to perform the Powers & Authorities by this Act given then the members of those Courts so neglecting their Duty shall be Lyable to make good all Damages that shall happen by such their Omission to any child or Orphan.

IV. And Be It Further Enacted by the Authority afors'd that all Orphans shall be Educated & provided for according to their Rank & degree out of the Income or Interest of their Estate & Stock if the same will be sufficient Otherwise such Oprhan shall be bound Apprentice to some Handycraft Trade (the Master or Mistress of such Orphan not being of the Profession of the People called Quakers) till they shall come of Age unless some of kin to such Orphan will undertake to maintain & Educate him or them for the interest or income of his or her Estate without Diminution of the Principal whether the same be great or small shall be always delivered to the Orphan when at Age.

V. And Be It Further Enacted by the Authority afors'd that all Horses, Cattle, Sheep & Hoggs shall be returned by the Guardian in the kind received & according to the Age & number when they were Received And All Plate & Money shall be Preserved & Delivered in kind according to Weight & Quantity And all Slaves & their Increase (Mortality Excepted) shall be delivered when the Orphan comes at Age But all Other Household Stuffs & Lumber that may grow worse before the Orphan may come of Age shall by

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Order of Court be sold at Publick Outcry & the Moneys Arising therefrom paid by the Guardian to the Orphan when at Age in some of the Rated Commodities of the Government.

VI. And Be It Further Enacted by the Authority afors'd that where any Widow or Orphan shal commence any suit for Moneys or other Legacys due to them by Force of any Will or other Gift or due to them from any Intestate Estate the said Court shall administer an Oath to the Debtr. or Debtrs. & if he or they shall refuse to answer upon Oath the Court shall proceed to give Judgment for the Plantf. for Double the sum as shall be made appear to be due.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER L.
An Act to Encourage the Destroying of Vermin.

I. Whereas the Encrease of Vermin has of late appeared to have been very prejudicial to the Inhabitants of this Government by destroying Stocks of Cattle, Hoggs & Sheep which for want of due Encouragement is now wholly unregarded.

II. Be It Therefore Enacted by his Excellency the Pallatine & the rest of the True & Absolute Lords Props. of Carolina By & with the Advice & Consent of the Present General Assembly now met at Little River for the No. East part of the said Province.

III. And It Is Hereby Enacted that whosoever after the Ratification of this Act by Gun, Snare, or trap or by any other Way or Means whatsoever kill & destroy any of the following Vermin shall for every one so destroyed take & receive out of the Publick Treasury therefor the several Premiums hereafter mentioned viz. for every Wolfe taken in a Trap or Snare the sum of Ten Shillings for every Wolfe killed with a Gun or Dogge Five Shillings for every Panther Ten Shillings for Every Wild Cat Two Shillings & six pence which several Premiums afore mentioned shall be paid by each and respective Precint Treasurer upon Certificate of next Commissioner how the said Vermin were destroyed who is hereby required & impowered to grant the same Proof thereof being first made before him by producing the Head with the Eares on And Oath of the party how the same was destroyed. If the said Magistrate shall find it necessary to administer the same.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

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CHAPTER LI.

(Repealed by Act 2 April, 1743, Ch. 2.)

An Act to Ascertain what persons are Tythables and to Direct the Method to be observed in taking the List of them.

I. Whereas many Doubts have & do arise at what Age persons in this Country shall be reputed Tythables For the removing thereof for the time to come.

II. Be It Enacted by His Excellency the Pallatine & the rest of the True & Absolute Lords Props. of Carolina by & with the Advice & Consent of this Present General Assembly now met at Little River for the No East part of said Province.

III. And It Is Hereby Enacted that all Males not being Slaves in this Government shall be Tythable at the Age of Sixteen Years And All Slaves Male or Female, either Imported or born in the Country shall be Tythable at the Age of Twelve Years.

IV. And Be It Further Enacted by the Authority afors'd that each & every Constable within this Government shall & they are hereby Impowered Required & Commanded some time within Five Days next following after the Tenth Day of June yearly to go from house to house to take an exect List from all the persons Inhabiting & residing within his, their or every of their Districts, Constablery or Liberty of the Number, Name & Quality of the Tythables residing within the same which before the Fifth Day of August yearly then next following together with a List of such Tythables as they shall believe to be concealed make return upon Oath to the Treasurer of the Precinct (which Oath the said Treasurer is hereby Impowered to Administer) under the Penalty of Five pounds for every neglect which said sum shall be to the use of the parish & shall be Levied by Warrant from any Justice of the Peace upon Certificate thereof to him made by the Respective Precinct Treasurer of any Constable having made Default therein.

V. And Be It Further Enacted that every Constable for his service therein shall during the Continuance of this Act be exempt from the payment of levys for his own person & they are hereby Exempted.

VI. And Be It Further Enacted that whatever Householder shall conceal or refuse to deliver to the said Constable a true List of every Tythable person dwelling or residing in his house whose Levy he shall be & he is hereby made chargeable with on the said Tenth day of June yearly, such person or persons so offending shall forfeit & pay the sum of Five pounds for every Tythable so concealed & refuse to be delivered in One halfe to the Informer and the other halfe to the vestry for the use of the Parish wherein the said offender shall reside to be recovered by Bill, Plaint or Information in any Court of Record within this Government wherein no Essoign, Protection, Injunction or Wager of Law shall be allowed or admitted of.

VII. And Be It Further Enacted by the Authority afors'd that each & every Constable in this Government shall on or before the Tenth day of February next take an exact account from every person within their Limitts or division of the number of Tythables in their respective divisions & deliver the same to the Treasurer of the Precinct on or before the first day of March following. That the Treasurer may be able to discover such as shall neglect to pay their Poll money for this year.

And all and every person or persons that shall refuse to give an Account to the Constable of the number of Tythables and every Constable that

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shall neglect to do his duty herein shall incurr the same Penaltys and Forfeitures as before in this Act is ascertained.

CHAPTER LII.
An Act for Appointing a Town in the County of Bath and for Securing the Publick Library belonging to St. Thomas's Parish in Pamptecough.

I. Whereas at the request of Mr. John Lardson, Mr. Joel Martin and others a certain Tract of Land purchased by themselves lying in the Old Town Creek in Pampticoe & containing by estimation Sixty Acres be the same more or less being part of a larger Tract then belonging to one David Perkins but now in the tenure & Possession and of right belonging to Col. Thomas Cary & divided from thence by a Headline of Marked Trees from the Old Town Creek to Mr. Barrow's line, now also the right & Possession of the said Cary, was Incorporated & made a Township by an Act of the General Assembly made and Ratified at the House of Capt. John Hecklefield the 8th day of March, 1705, With divers privileges & immunities therein granted which said land was therein & thereby Invested in the same John Dawson, Joel Martin & Nicholas Daw to and for the uses afors'd.

II. And Whereas Damage may accrue to the further Settlement & Increase of the said Town for want of Trustees to dispose of Lotts & a Better Regulation of the Methods to be observed in settling the same. To promote therefore as much as may be the Settlement, Growth & Increase we pray that it may be Enacted.

III. And Be It Enacted by His Excellency the Pallatine & the rest of the True & Absolute Lords Props. of Carolina by & with the Advice & Consent of this present General Assembly now met at Little River for the No. East part of the said Province & by the Authority of the same that the said land be & it is hereby henceforward Invested in Mr. John Porter, Mr. Joel Martin, Mr. Thomas Harding & Capt. John Drinkwater or any two of them to & for the use afors'd & declared confirmed & incorporated into a Township by the name of Bath Town with all priviledges & Immunities hereafter Exprest forever Pursuant to which it is hereby Enacted that convenient places & proportions of Lands be laid out & preserved for a Church, A Town-House & a Market Place & that the rest of the Land which is not already laid out be forthwith laid out into lotts of halfe an Acre each with convenient streets & Passages by the said Trustees or any Two of them.

IV. And Be It Further Enacted by the Authority afors'd that every person whatsoever who is willing or desirous to be an Inhabitant of the said Town shall have liberty to take up any Lott or Lotts so laid out as afors'd and not before taken up which Lott or Lotts the Commisrs. Afore appointed or any two of them are hereby Directed, Required & Impowered to Grant, Convey & Acknowledge to the persons so taking up the same and to his Heirs & Assigns Forever in Fee simple upon payment of Thirty shillings consideration for each Lott out of which money the first purchasers shall be Reimbursed the first purchase with their reasonable charges & disbursements and the overplus shall be appropriated to the use of the Church to be disposed of as by the Vestry of the Precinct of Beaufort shall from time to time be directed and appointed.

V. Provided always that what person soever shall take up & have conveyed to him any Lott or Lotts as aforementioned and shall not Build or

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cause to be built thereon within twelve months after the date of the said conveyance a good substantial habitable house or make such preparation for so doing as the Court of the Precinct by View of any two or more of them shall judge reasonable to secure the same every such conveyance shall be and it is hereby declared Void and of None Effect as if the same had never been made and the said Lott or Lotts shall be free & clear for any other person to take up & purchase.

VI. And Be It Further Enacted by the Authority afors'd that from & after the first day of April next no person or persons Whatsoever Inhabitant or Claiming any Right or Title to any Lott in the said Town shall keep Raise or suffer or permit to run at large in the said Town any Hoggs or Shoates other than such that shall be kept in close Penns or houses under Penalty of forfeiting the said Hoggs or Shoate one half to the person taking up such hogg or Shoate the other half to ye poor of the parish. And that no persons Inhabitants of the said Town or holding Lotts there shall inclose the same or keep the same Enclosed in the said Town under a Common Stake fence but every Lott or Lotts so enclosed shall be either Pail'd in or done with Posts and Rails set up.

VIII. And Be It Further Enacted by the Authority afors'd that the Commrs. afors'd or any two of them have full Power & Authority and they are hereby Required, Impowered & Commanded to Remove all Nuisances within the limits of the afors'd Town.

And because in the former Survey of Lotts that are already surveyed each Lott contains four Pole more than was warranted by the Act of Assembly for laying out the afors'd Town land & also the Trustees for granting the afors'd Lotts have signed Sales for the Lands lying before the Fronts of the Lotts Contrary to the Authority Granted them Wherefore that the same may be Regulated and a Plott thereof made so as the streets in the Town may Answer with the Lotts intended to be laid out of the Land belonging to Coll. Thos. Cary adjoining thereto.

IX. Be It Enacted that a Resurvey be made of the afors'd Town Lands by order of the Commrs. aforementioned and that each & every person holding Lands or Lots in the Town afors'd shall have no more in the Lotts than just halfe an acre Pursuant to the first Intention & design of settling the afors'd Town still reserving to the Owner or Possessors of all Lotts in the aforesaid Town the Land lying before the Front of their Lotts upon Payment of Tenn Shillings for every such Front to the Commisioners in this Act appointed who are hereby Authorized & Required to grant Seale & deliver Deeds of Sales for the same.

X. Provided that the Principal Streets in the said Town shall be one Hundred foot wide at least & that no person shall Build or Erect any Edifice, house or Building on the Lands lying before the fronts other than Cellars or Vaults whose covering shall not be above Ten foot above the ground that the Prospect of such as build in the said Town may not be Incommoded or hindered.

XI. And Be It Further Enacted by the Authority afors'd that the Church for the Parish of St. Thomas & the Court house for the Precinct of Beaufort & Hyde shall be built in the said Town on the several Proportions or lotts of land laid out for those purposes. And that the Provost Marshall of the County of Bath and the Clerk of the Court for the Precinct of Beaufort shall keep their Respective Offices in the said Town under the Penalty of Five Pounds for every month he or they shall omit or neglect so to keep the same One halfe to the Informer and the other halfe to the Justices of

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the said precinct towards the finishing or repairing the Court house to be recovered by Action of Debt, Bill, Plaint or Information wherein no Protection, Injunction or Wager of Law shall be allowed or admitted of.

XII. And Be It Further Enacted by the Authority afors'd that the Justices of the Court aforesaid shall have full power & authority to Levy or cause to be Levyed any Sum or Sums of Money not exceeding one hundred pounds in the whole upon the Inhabitants of Estates in the Precinct aforesaid for & towards the Erecting and Building the Court House afore mentioned which the said Justices are hereby required, impowered & Commanded to cause to be built & finished with all convenient Speed and as soon as the circumstances of the Inhabitants will admit of raising the aforesaid Sum.

XIII. And as a Further Encouragement to the Settlement of the said Town Be It Also Enacted by the Authority aforesaid that all Musters for the Precinct of Beaufort, Election of Burgesses and all Business & affairs of the like nature which properly belong to the said precinct shall be had taken down & transacted within the said Town of Bath and in no other place or places whatsoever.

XIV. And Be It Further Enacted by the Authority aforesaid that all Liquors which are (bona fide) the Growth, Produce & Manufacture of the County of Bath shall & may be Retailed in Town for the Space of Tenn years next after the Ratification of this Act by any Freeholder or Inhabitant of the said Town without any Licence or other permit for so doing Subject nevertheless to the several Penalties, Forfeitures and Restrictions as by the Law Intituled (Ordinary Keepers how to sell) are made & provided And Whereas divers persons possessed of Lotts in the said Town do wholly neglect Clearing the same & others do permitt such as have been cleared to Grow up in Brush and underwood to the Great Annoyance of the Inhabitants of the Town.

XV. Be It Further Enacted by the Authority aforesaid that all persons, Possesors or owners of Lotts in the said Town shall and they are hereby Possessors within One month after the Ratification of this Act to take Care and Clear all such Lotts so held or possessed by them from all manner of Wood, underwood, Brush or Grubs that are or may be Offensive to the said Inhabitants and shall so keep and maintain the same from time to time and all times hereafter as often as need shall Require under the several Penaltys and Forfeitures hereafter in this Act Provided.

XVI. And Be It Further Enacted by the Authority aforsaid that all and every Proprietor, Owner or Possessor of such Lott or Lotts who shall omit thro' negligence to clear the same within the time before limited shall be Lyable & obliged to pay the full value of the Charge of Clearing the said Lotts to William Sigley who is hereby Appointed, Authorized & Impowered to Clear all such Lotts as shall after the time afore limited lye uncleared and Neglected the Value of which Work shall be adjudged by two Freeholders Inhabitants of the said Town (Being first sworn before some Magistrate) and shall be recovered in any Court of Record within this Government or before Justices of the Peace if under the sum of Forty Shillings as in the Act for Tryal of mean Causes is Provided by Bill, Plaint or Information wherein no Essoign, Protection, Injunction or Wager of Law shall be allowed or admitted of.

XVII. And in Case the said William Sigley shall Dye or depart the Government or shall refuse or neglect to Act therein as by this Act is directed the said Commisrs. or any two of them are hereby fully Authorized and Impowered to be Overseers & Inspectors of the said work and to agree with

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Proper Persons for the Performance of it and to Ascertain the Value thereof to be recovered (on refusal) by the party performing the said work in manner as is before in this Act directed.

XVIII. And Be It Further Enacted by the Authority aforesaid that in Case of the death or departure out of the Government of any of the afors'd Commisrs. for the Town at any time or times and at all times hereafter the Remaining part of the said Commrs. Together with the Commrs. of Court are hereby fully Authorized & Impowered to make choice of some other person or persons to succeed such Commissioner or Commissioners so dying or departing as aforesaid which person or Persons so Elected & chosen shall and they are hereby Invested with as full Power & Authority to all Intents & purposes whatsoever as the present Commissioners now herein Nominated and appointed that so the full number of Commissioners may be always kept up and full.

XIX. And whereas at the Promotion of the Revt. Doctr. Thos. Bray a Library hath been sent over to Bath Town for the use of the Inhabitants of the Parish of St. Thomas's in Pampticough and it is justly Feared that the Books belonging to the same will Quickly be Imbezeled, Damaged or Lost except a Law be provided for the more effectual preservation of the same.

XX. Be It Therefore Enacted by the Authority aforesaid that the said Library shall be Continued & Remain in the hands, Custody and Possession of a Library Keeper to be Elected, nominated & appointed by the Comrs. hereafter by this Act appointed or the Major part of them which said Library Keeper is and shall be hereby Bound & obliged to keep & preserve the Several and respective Books therein from Waste, Damages, Imbezlmts. and all other destructions (fire and all other unavoidable accidents only Excepted) and is and shall be hereby Accountable for the same and every Book thereof to the Commrs. hereafter nominated. And to that end & purpose the said Library Keeper shall pass two Receipts for the Library aforesaid one to the Commisrs. hereafter named and the other to the Church Wardens of the said Parish for the time being in which Receipts the Title of each Book shall be Inserted and in case all or any of the Books is or shall be found to be wasted, Damaged or Imbezeled or other wise destroyed (except as before excepted) The said Library Keeper his Heirs, Exers. and Adms. are and shall be hereby bound and obliged to Answer double the value for the same And the said Commissioners are hereby Impowered to sue for the same, in any Court of Record in this Province by Bill, Plaint, or Information or other Action wherein no Essoign, Protection, Injunction, or Wager of Law shall be allowed. And what thereby shall be Recovered (reasonable charges and Expences deducted) to imploy & dispose towards the Compleating and perfecting the aforesaid Library so wasted, Endamaged, Embezeled or other wise destroyed within the space of Twelve Months after such Recovery.

XXI. And Be It Further Enacted by the Authority aforesaid that in case of Death or removal of said Library keeper the respective Church Wardens of Beaufort Precinct shall Immediately take into their hands, Custody & Possession & safe keeping all the Books belonging to the said Library and shall be answerable for the same to the Commrs. hereinafter nominated.

XXII. And Be It Further Enacted by the Authority aforesaid that the Church Wardens of Beaufort Precinct upon the Receiving of the Books belonging to the said Library into their Custody shall compare the same with the Catalogue and Receipt for the same in their Custody and if any of the books are Wanting or damaged they shall give an account thereof in Twenty days at Furthest to the Commissioners hereafter mentioned who are Impowered

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to sue the said Library Keeper or in case of his Death his Excrs., or Adminrs. for the same as afors'd And in Case the said Church Wardens refuse or neglect to give such account then the said Church Wardens, their Heirs, Execrs., or Adminrs., and every of them are hereby made Accountable to the Commisrs., hereafter named for all the Books belonging to the said Library and Contained in the Catalogue thereof.

XXIII. And Be It Further Enacted by the Authority afors'd that the said Commisrs or any Five of them within Twenty days after such Notice given shall forthwith proceed to the Election of another Library Keeper to whose Custody and safe keeping the said Library and every Book therein Contained shall be forthwith delivered by the said Church Wardens by order of the said Commrs. which said Library Keeper so Elected shall continue in the same Office unless removed by the said Commrs., or the Major part of them (Which they are upon a Just Occasion hereby Impowered to do) or untill the Settlement of a Minister in the said Parish which said Minister or Incumbent shall (exofficio) be Library Keeper and shall be Answerable for the same to the Commrs afores'd in manner as is by this Act directed. Provided always that the said Library shall not be removed out of Bath Town other than to the Incumbents House and not thither without Liberty first had & Obtained from the said Commissioners or the Major part of them.

XXIV. And Be It Further Enacted by the Authority aforesaid that the Inhabitants of Beaufort precinct shall have Liberty to Borrow any Book out of the said Library giving a Receipt for the same to the Library Keeper for time being with a promise to return the said Book or Books; if a Folio in Four Months time, if a Quarto, in two months time, if an Octavo or under in a month's time upon the Penalty of paying three times the full value of the said Book or Books so borrowed in case of failure in returning the same And the said Library keeper is hereby obliged to enter such Receipt in a book to be fairly kept for that purpose and upon the return of any Book or Books so lent shall note it returned on the opposite side or Collum of the said book and not cross & blot the same. And in case the person that Borrows any Books out of the said Library doth refuse to return the same or doth Damnify the said Book, upon Complaint thereof Given by the said Library keeper, his Exectrs. or Admnrs., to two or more of the Commissioners and by them or any five of them to the Chief Justice of this Province for the time being or any two Justices of the Peace it shall be Lawfull & the said Chief Justice or any two Justices are hereby Impowered and Required by Warrant of Distress directed to any of the Constables of the said Precinct to levy three times the Value of such Book or Books on the Goods & Chattels of the person so refusing to deliver or damnifying the same and for want of such distress to Commit the person to prison till satisfaction be made by the said Library keeper.

XXV. And Be It Further Enacted by the Authority afors'd that the Commrs. hereafter named shall make or cause to be made Several catalogues of all and Singular the Books in the said Library and the same being fairly Written & Signed by the said Commrs., or some five of them, One to be Entered upon Record in the Secretary's Office of this Province, one to be in the Custody and for the use of the Commisrs., hereafter named under which the Library keeper shall sign a Receipt for the Respective Books, one to be in the Custody of the Church Wardens of Beaufort Precinct for the time being under which the Library keeper shall also sign a Receipt for the Respective Books and one to be fairly entered in a Book for that purpose to be

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kept by the Library keeper in the said Library that so any person may know what Books are Contained therein.

XXVI. And Be It Further Enacted by the Authority afors'd that the Commisrs. or any five of them hereafter named after making the Exact Catalogue of all and Singular the Respective Books in the said Library shall and are hereby Impowered to appraise and rate each Book at a price certain in the Current money of this Province which Appraisement shall be an Established Rule to determine the value of the said Books in Case any suit is brought by the said Commisrs. against any person that shall detain or damnify any of the said Books or against the Library keeper his Execrs. or Adminrs.

XXVII. And Be It Further Enacted by the Authority afors'd that the Commrs. hereafter named or any five of them shall every year on the Easter Monday yearly resort to the house where the said library shall be Kept and there Examine the Books thereof by the Catalogue & see that there be the full number & that they are not damnifyed or Spoyled. And therefore the Library keeper is hereby required in lending any of the said Books out of the said Library notwithstanding the time usually Allowed by this Act to oblige the said persons to return such Books as they Borrow to the said Library keeper ten days before the the said Easter Monday yearly That so all & Singular the Books belonging to the Library afors'd may be exposed to the View of the said Commisrs. the Better to enable them to judge if they be any wayes damaged or Spoyled and give their Order accordingly.

XXVIII. And Be It Further Enacted by the Authority afors'd that the Hon. Chas. Eden, Esqr., present Governor and the Governor and Commander in Chief for the time being, the Members of the Council for the time being, Christopher Gale, Esqr., Chief Justice and the Chief Justice for the time being, Tobias Knight, Esqr., Secretary for the time being, Col. Edwd. Moseley, Speaker of this present Assembly and the Speaker for the time being, Daniel Richardson, Esqr., Attorney Genl. for the time being, the Members of the Precinct Court for the time being Capt. Fred Jones, Mr. John Porter, Mr. Joel Martin, Capt. John Drinkwater, Mr. John Clark, Mr. Patrick Maule, Mr. Thos. Worsley, Mr. Lionel Reading, Mr. James Lee, Mr. Thos. Harding, or any five of them, are hereby Nominated to be Commrs. and Trustees for the due Inspection and Preservation of the Library Aforesaid and all and Singular the Respective Books to the same belonging and they or any five of them shall have power to Commence or bring any Suit or Action Given by this Act.

And in Case of Death or Absence of any of the Comissrs. who are by this Act particularly Appointed then the Surviving Commissrs. or any five of them at their next Meeting after such Vacancy are hereby fully Authorized and Impowered to make Choice of another in the place and stead of him or them who shall be dead or Absented which said Commissrs. so Elected shall be Invested with the same Authority as if he had been before in this Act particularly named and appointed.

XXIX. And Be It Further Enacted by the Authority afors'd that the Commis. above named or any five of them after having Examined the Respective Books belonging to the Library afors'd if they find any Books wanting shall Summons such persons as have the said Books in their Custody to deliver the same within Twenty days after such Notice in Writing Left with the persons or at his usual place of Abode and in case any person shall faile or Refuse to deliver the said Respective Books to the said Commissrs. then the said Commissrs, or any Five of them are hereby required, directed

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& Impowered to take such Measures for the Recovery of the same or Treble the Value thereof as is before by this Act prescribed.

XXX. And Be It Further Enacted by the Authority afors'd that all persons that have Borrowed or have in the Custody any of the Books belonging to the Library aforesaid shall on or before the next Easter Monday return the Same to the present Library keeper upon Penalty of the Forfeiture of Treble the Value of each Book not returned as aforesaid the better to Enable the Commissrs. before named to make a perfect Catalogue of the Books belonging to the Library.

XXXI. And Be It Further Enacted by the Authority aforesaid that for the Further Encouragement of this Town of Bath and all other Towns now or hereafter Built within this Government it shall and may be Lawfull for the Freeholders of the said Town of Bath and of all other Towns now or hereafter Built or to be Built within this Government at all times hereafter when Representatives or Burgesses are to be chosen for the Precinct wherein the Town Lyes to Elect one Burgess to represent the same in all succeeding Assemblys. Provided that this Election for Members of Assembly to serve for the Town of Bath or any other Town Whatsoever shall not begin nor Commence till such Town shall have at Least Sixty Families.

XXXII. Provided also that nothing in this Act shall be held or taken to limit or hinder the Inhabitants of New Berne from sending a Representative to the Assembly, such Representative being hereby Allowed altho' there should not be Sixty families Inhabiting in the said Town.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

An Act concerning Ordinary Keepers And Tippling houses.
CHAPTER LIII.

(Repealed by Act 4 April, 1741, ch. 20.)

I. Whereas the Extortion of Ordinary Keepers and others Retailing Liquors in the rates and Measures of Drink by them Retailed hath given Cause of great Complaint for the Prevention whereof for the time to come Be It Enacted by his Excellency the Pallatine and the rest of the True & Absolute Lords props. of Carolina by & with the Advice and Consent of the Rest of the Members of the General Assembly now met at Little River for the No. East part of the said Province and the Authority of the same.

II. And It Is Hereby Enacted that no person or persons whatsoever after Publication of this Act shall Vend or sell by Retaile any Wine, Beer or other strong drink by any other than English sealed Measures (that is to say) Pints, Quarts, Bottles and Gallons which said Measures every person keeping an ordinary or Retailing Liquor as aforesaid shall within six months after the Ratification hereof furnish himself with all under the Penalty of Five pounds, one halfe to the Informer and the other halfe to the Publick to be recovered in any Court of Record within this Government by Bill, Plaint or Information wherein no Essoign, Protection, Injunction or Wager of Law shall be Allowed or Admitted of.

III. Provided always that it shall and may be Lawfull to sell, Vend or otherwise to dispose of English Strong waters, Ale, Beer, Cyder, Wine or any

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other Liquors which shall be (bona Fide) Imported into this Government in Bottles in the same vessels it Shall be Imported in, any thing herein before Contained to the Contrary notwithstanding.

IV. And Be It Further Enacted by the Authority aforesaid that for the Better prevention of Riots and disorders in Ordinarys and other places where drink is Retailed no person or Persons whatsoever shall presume to keep any Ordinarys or Tippling houses or to dispose of any Liquors by Retaile to be drunk or Spent in the Retailor's house without Licence first had and Obtained for so doing from the Gov'r, Deputy Governor, President or commander in Chief for the time being before whom Bond shall be Given for the due Observance of this Law and all such other Laws and Statutes as are and ought to be kept and Observed by persons retailing Liquors within the Kingdom of Great Britain under the Penalty of Forty shillings, one halfe to the Informer and the other halfe to the Publick to be recovered as aforesaid.

V. And Be It Further Enacted by the Authority aforesaid that no Ordinary Keeper or other person Retailing Liquors within this Province shall presume to sell or Vend any strong Beer of his own Brewing or Manufacture or any Cyder unboyled for more than one Shilling and Six pence for each Gallon nor any other Liquors whatsoever for more than Cent per Cent upon the first Cost or Value of the Liquors so sold (the value thereof to be adjudged and Esteemed according to the Current price the same Liquor shall be then sold at by the Merchant Traders) nor shall demand or take above Twelve pence for a Meal either in time of court or in any other time under the Penalty of forfeiting Treble the value of all Moneys demanded and taken Contrary to this Act to be recovered as aforesaid to the uses aforesaid, provided always that nothing in this Act shall be adjudged to hinder any Man from selling Cyder or other Liquors the produce of his own plantation at any time hereafter by full & Lawfull Measures (the same not being drank in the cellar house or plantation) any thing before Contained to the Contrary notwithstanding.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER LIV.
An Act ascertaining the Currency of Dollars.

I. We Pray that it may be Enacted And Be It Enacted by his Excellency the Pallatine and the Rest of the True & Absolute Lords Proprs. of Carolina by and with the Advice & Consent of this present General Assembly now met at Little River for the North East part of the said Province and the Authority thereof.

II. And It Is Hereby Enacted that all Lyon Dollars shall pass Current in all payments within this Province and be Deemed Equal to three Bushalls of Indyan Corn and so proportionatly for any other of the Rated Comoditys.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

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CHAPTER LV.

(Repealed by Act 4 April, 1741, ch. 16.)

An Act for Ascertaining the Damage upon Protested Bills of Exchange.

I. Whereas in Conformity to our Neighbouring Governt's, and for the better Encouragement of Trade it is found Expedient that the Damage upon Protested Bills of Exchange be Ascertained so that all future Contest thereupon may be prevented We Pray that it may be Enacted.

II. And Be It Enacted by his Excellency the Pallatine and the Rest of the True and Absolute Lords Proprietors of Carolina by and with the Consent and Advice of this present General Assembly now met at Little River for the East Part of the Province and the Authority of the same.

III. And It Is Hereby Enacted that the Damages on all Protested Bills of Exchange drawn on any Person in the Kingdom of Great Britain or Elsewhere which shall be returned, protested in this Province shall be sixteen per Cent upon the first draught in the Same Money or Specie for which the said Bills are or shall be drawn with Costs accruing and shall be Recoverable therewith in any Court of Record within this Government.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER LVI.
Publick Letters, how to be conveyed.

I. Whereas the remoteness of divers places in this Government and the Necessity of Communicating divers Business to the utmost Limits of it would if Messengers were Pressed be an Annual Great Expense for prevention and for the more Speedy Conveyance of all such Letters Be It Enacted by his Excellency the Pallatine and the Rest of the True & Absolute Lords Proprs. of Carolina by and with the Advice & Consent of this present General Assembly now met at Little River for the North East part of the said Province and the Authority thereof.

II. And It Is Hereby Enacted that all Letters superscribed for his Majestie's service directed to or Subsigned by the Governor or other Publick Officer or by some Field Officer in the Militia at such time when the Government is Actually Engaged in War against the Indyan Enemie shall be Immediately Conveyed from Plantation to plantation to the place & persons to whom they are directed under the Penalty of Five pounds for each default one halfe to the Government and the other half to him or them which shall Sue for the same to be recovered in any Court of Record within this Government wherein no Essoign, Protection, Injunction or Wager of Law shall be allowed or Admitted of.

III. And Be It Further Enacted that if any persons shall be put to extraordinary charge the Court of each Precinct is hereby Authorized to Judge thereof and make Certificate of the same to the General Assembly.

IV. And Be It Further Enacted by the Authority aforesaid that where

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any person in the family the said Letter comes to can write such person is hereby required to Endorse the day and houre of the Receipt of it that the Neglect or Contempt of any person therein may be the better discovered and Punishment Inflicted accordingly.

V. And Be It Further Enacted that all and every his Majesty's Subjects within this Government are hereby required to put this Act in Execution upon Paine of the Penalty aforesaid.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER LVII.

(Repealed by Act 4 April, 1742, ch. 13.)

An Act To Prevent the taking Boats, Cannoes and Perriaugers from Landings without Leave.

I. Whereas the Practise of taking Boats, Cannoes and Perriaugers from people's Landings without leave is become so usual and Common that the owners thereof are not only thereof deprived of the use thereof but are very often put to Considerable Expense in procuring them again for the Prevention of the like practises in time to come.

II. Be It Enacted by his Excellency the Pallatine and the Rest of the True & Absolute Lords Proprs. of Carolina by & with the Advice & Consent of this Present General Assembly now met at Little River for the No. East part of the said Province.

III. And It Is Hereby Enacted that on and after the Ratification of this Act that no person whatsoever unless such as are Impowered so to do and produce an Authority for the same on his Majesty's Service shall presume to unloose, take or carry away any Boat, Cannoe or Perriauger from the place of her Anchorage or from any Landing or Landings without leave he first have obtained for so doing from the owner or legal possessor thereof under the Penalty of Forty Shillings for each default, one halfe to the Informer and the other halfe to the owner of such Boat, Cannoe or Perriauger to be recovered by action of debt or otherwise in such manner as by the Act for Trying Small and mean causes is directed and provided.

IV. And Be It Further Enacted by the Authority aforesaid that if any person on so offending shall refuse to pay the sum of forty Shillings after conviction or recovery thereof or shall be Insolvent it shall be in the Power of such Justices to punish the Offender by setting in the stocks and publick whipping not exceeding Tenn Lashes. And in case the party so offending and convicted shall be a slave or servant every such slave or servant shall be publickly whipt not Exceeding Twenty Lashes by order of the said Justices in manner as before directed unless the Master or owner of such slave or servant will pay the aforementioned fine in Lieu thereof for the uses aforesaid.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

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CHAPTER LVIII.

(Repealed by Act 4 Apr., 1741, ch. 13.)

An Act Ascertaining Officers' Fees.

I. Be It Enacted by his Excellency the Pallatine and the Rest of the True & Absolute Lords Proprietors of Carolina by and with the Advice & Consent of this Present General Assembly now met at Little River for the North East part of the said province.

II. And It Is Hereby Enacted by the Authority of the same that all Fees due to the several and respective Offices hereafter mentioned shall be as followeth. Viz.

GOVERNOR'S FEES.
The first four Articles to be paid in Pork or Silver.
For entering and Clearing deck Vessels. £ s. d.
Boats or Canoes of the Country if bound to Foreign parts 2 0
For entering and clearing Deck belonging to the Country 5 0
For entering and clearing Foreign Vessels 1 2 0
For Marriage License 10 0
For Signing a Testimonial under the Colony Seal 10 0
For Signing a Probat of a Will 10 0
For signing a Supersedeas 5 0
For Signing letters of Administ'n 10 0
Ordinary Keepers Licenses at the precinct Court 2 0 0
Ordinary Keepers Licenses at the General Court 4 0 0
Signing a Register for open Vessels 5 0
Signing a Register for Deck'd Vessels 10 0
For Letters patents for Denization 10 0
For Signing Sales of Land for Purchase Patents 640 Acres 10 0
For Sales of above 640 Acres 1 10 0
For a Warrant of Apprisement 5 0
For signing a Divorce in Chancery 5 0
For an Injunction in Chancery 5 0
For taking Bond of Masters of Vessels 5 0
Bond in order to obtain a pass for people going out of the Country to be paid to the Naval Officer 5 0

COLLECTOR'S FEES.
For Entering and Clearing. £ s. d.
Foreign Vessels 12 6
For Entering and Clearing open Vessels of the Country 2 6
For entering and clearing Deck'd Vessels of the Country 5 0
For Certificate upon the change of a Master 2 6
For Recording of a Register 5 0
For Writing of a Register 2 6

SURVEYOR'S FEES.
£ s. d.
Surveying 1000 Acres & under 1 13 4
For every hundred above a 1000 2 0

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SECRETARY'S FEES.
£ s. d
For a patent in paper and recording 9 0
A patent in parchment and recording 11
A Warrant for surveying land & Return 5 2
Recording the Surveyor's return 5 0
Recording Assignments for Warrants 1 0
Registering and escheats to be paid out of the fine 1 0
A Certificate of Land 1 0
Probate of Wills & Recording 5 0
Recording the Will & Copy for Probate 5 0
Commission of Administration 5 0
Inventory of Appraisement and recording 2 6
Coppy of an Inventory 2 6
Every Commission of the Peace and recording 5 6
A Dedimus Protestatem 2 6
A Copy of a Patent 1 0
Registering a Corroner's Return 1 6
A writ of Error to be paid where it issues from 2 0
A Supersedeas to be paid to the person on granting 2 0
Drawing a Bill of Indictment to be paid to ye Clerk of ye Crown 2 6
Coppy to be paid to ye Clerk of ye Crown 2 0
Fileing information 2 6
Coppy of an Information 2 6
Arraignment of Criminals to be paid to ye Clerk of ye Crown 1 0
Letters of Denization 10 0

CLERK OF THE CHANCERY'S FEES.
£ s. d.
Drawing a Bill in Chancery 5 0
Filing of Same 1 0
Copy of Same 5 0
Subpœna for the Defdt 2 6
Drawing an Answer 5 0
Filing the Same 1 0
Coppy of the Same 5 0
Subpoena for Evidences 1 5 0
Injunction in Chancery 2 6
Supersedeas & Return 2 6
Coppy of proceedings 2 6
Entering up the decree 3 0
For Calling & Dismission 3 0
For Drawing of an Affidavit 1 0
Copy of an Affidavit 1 0
Interrogatories, 1 0
Copy 1 0
Replication & Record 1 0
Rejoiner & Record 1 0

CLERK'S FEES.
£ s. d.
For Every Action 1 0
Every Writt & Return 2 0
Every declaration Fyleing & Copy 3 0

-------------------- page 85 --------------------
[CLERK'S FEES.]
£ s. d.
Demurrer 1 0
Recording Defdts. appearance 1 0
Drawing, Filing & Recording a plea 2 0
Every Deposition & Fileing 1 0
Fileing every Bill & Account 1 0
Calling every Action 1 0
Recording the Vinire 1 0
Recording Jury's Oath & verdict 1 0
Entering up the Judgment 1 0
Every Original Order of Court 1 0
Every Copy 1 0
Searching a Record 1 0
Administering every Oath 4
Execution & Return 3 0
Every Summons 1 0
Every Petition 1 0
Attachment & Return 2 0
A Bond & Recording 2 0
Proving a Letter of Attorney & recording 4 0
Coppy 1 0
Acknowledgment of Sales of Land 2 6
Recording a Bill or Receipt 6
Copy of Act of Assembly 1 0
A scire facias and return 2 6
Every Retraxit 1 0
Dismission of every Suit 1 0
Continuance of every Action 6
A Reference 6
Recording a mark 1 0
Proveing every Right 4
Return of the Certificate 1 0
Entry of an Appeal & copy of proceedings 5 0
Order 1 0

PUBLICK REGISTER'S FEES.
£ s. d.
Registering every Birth, Burial and Marriage 1 0
Registering a Conveyance 2 6
Coppy thereof 2 6

PROVOST MARSHALL'S FEES.
£ s. d.
An Arrest 2 4
Whipping 1 0
Pilloring 1 0
Serving a Subpoena 2 0
For an Attachment as for an arrest, and if further trouble to be Taxed by the Court 0 2 4
Every apprisor per day 2 2
Serving Execution for Five pounds 5 0
For every pound above five 6
Imprisonment for Debtors per day 1 0

-------------------- page 86 --------------------

[PROVOST MARSHALL'S FEES.]
£ s. d.
For Felons per day 6
For Summoning and Impannelling a Jury for each and every cause 1 0
Summoning Apprisors each 10
Delivering a Declaration 8
Putting in the Stocks 1 0
Commitment of Criminals 5 0
Discharge 5 0
Every Juryman 5
Baile Bond 2 0

ESCHEATOR'S FEES.
£ s. d.
Every Inquisition & return 3

ATTORNEY'S FEES.
£ s. d.
For every cause in the General Court 10
For every Indictment or Information on a Bill found 2 10 0
For the same in the precinct Court 5 0

CONSTABLE'S FEES.
£ s. d.
For Serving a Warrant & Return 2 0
Every Summons 1 0

ADMIRALTY FEES.
To the Judge in Cases of open Vessels. £ s. d.
Seamen's wages not exceeding Twenty pounds 0
For the first day 2 0
For every day more than one 1 0

REGISTER'S FEES IN THE LIKE CASES.
£ s. d.
For Drawing the Libell to be paid to the Advocate 5 0
Registering the same 5 0
Answer & Registering 2 6
Affidavitt, Depositions & Oath as in the Court of Chancery 2 6
For a Decree 2 6
Copy 2 6
Dismissing 1 0
Continuance 1 0
Citation 2 0
Summons for Evidence, eoch 1 0

MARSHALL'S FEES IN THE COURT OF ADMIRALTY.
£ s. d.
Serving a Citation, Seizing & return 5 0
Serving the Decree and return under five pounds 10 0
For every pound above five pounds 1 0

III. And Be It Further Enacted by the Authority aforesaid that all fees not mentioned herein Relating to the Court of Admiralty shall be regulated by the Judge of the said Court (as occasion may Require) according to &

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as near as may be agreeable to the fees herein before Ascertained for the Officers of the Court of Chancery & Also all other fees relating to any other Court not herein before Ascertained shall be regulated by the Justices of the said Court or any three of them who are hereby Impowered to Tax the same under their hands agreeable to the fees before herein ascertained which fees so taxed shall be Judged of equal validity with the fees before ascertained & recoverable as such until confirmed or altered by the General Assembly.

IV. And Be It Further Enacted by the Authority aforesaid that all fees due or to become Due to the Several & respective Officers within this province shall stand, remain & be as in this Act Before ascertained until repealed or altered by the General Assembly & that no officer or officers whatsoever shall presume to demand, take or receive any greater or higher fees than is herein appointed under collour of his Office under the Penalty of Twenty pounds for every defaulte, one halfe to the Informer and the other halfe to the Vestry for the use of the Precinct where such Offence shall be committed, to be Recovered in any Court of Record within this Government wherein no Essoign, protection, Injunction or Wager of Law shall be Allowed or Admitted of And for the more certain payment of all Fees arising and becoming due any publick officer in this Government for or by reason of this Execution of his said office.

V. Be It Further Enacted by the Authority aforesaid that every officer before mentioned who shall make out an Exact Account or List of his Debts due for Fees and shall attest the same upon Oath before some Magistrate to be justly due, owing and unpaid and agreeable to the foregoing Table or to such other Table as shall be made by the several & respective Courts pursuant to this Act and shall deliver the same to the Provost Marshall of the County where such shall become due on or before the 14th day of December yearly that then & in such case the Provost Marshall or his Deputy shall and they are hereby obliged to collect and receive the same at the rate of fifteen per cent.

VI. And Be It Further Enacted by the Authority aforesaid that in case 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 and Delivered as aforesaid that then it shall & may be lawfull for the said Marshall or his Deputy at any time betwixt the 15th day of December and the last of March yearly to levy the same by way of Distress and Sale of the goods of every person so refusing.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER LXIX.
An Act for Restraining the Indyans from molesting or Injureing the Inhabitants of this Government and for Secureing to the Indyans the right and property of their own lands.

I. Whereas (before ye late war) dayly and grievous Complaints of Depredations & Insults of ye Indyans were Exhibited against them by Divers persons bordering upon and residing near to ye Inhabitants of ye said Indyans

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for ye prevention of ye like Disorder for ye time to come and for Cultivating a better Understanding with ye said Indyans the want of which has been so Injurious to the Government.

II. Be It Enacted by his Excellency the Pallatine, &c. And It Is Hereby Enacted that whoever shall Discover or find any Indyan or Indyans Killing, Hunting or in pursuit of any horses, Cattle or hogs the right and property whereof is in any white man Inhabitting within this Government every such person or persons on Discovery or Sight thereof may & he is hereby Impowered to apprehend every such Indyan or Indyans & him or them so apprehended & taken to Convey before Some one of the Commissioners to be appointed for Indyan affairs (& for want of such before ye nearest Magistrate) which said Commissioners or Magistrate together with the ruler or head man of the Town to which such Indyan Delinquent may belong is and are hereby Impowered to punish every such Delinquent in such manner as the nature of the offence may require and to award satisfaction to the party injured for all Damages by him Sustained (saving always the right of appeal to the Governor & Council) if either party shall think themselves agrieved or wronged thereby.

III. And Be It Further Enacted by the Authority aforesaid that if any difference shall for the future Arise between any whyte man and Indyan concerning trade or otherwise howsoever, Every such Difference shall be heard, Tryed and Determined by such Commissioners as the Governor or Commander in Chief for the time being shall appoint together with the ruler or head man of the town to which the Indyan belongs (Saving only the right of appeal as is herein before Saved & Excepted).

IV. And whereas we have too great reason to believe that disputes concerning land have already been of fatall Consequence to the peace and wellfare of this Collony.

V. Be It Further Enacted by the Authority Aforesaid that no whyte man shall for any Consideration whatsoever Purchase or buy any tract or Parcell of Land claimed or actually in possession of any Indyan without special liberty for so Doing from the Governor And Councill first had and obtained under the penalty of Twenty pounds for every hundred acres of Land so bargained for and purchased one halfe to the Informer & the other halfe to him or them which shall sue for the same to be recovered by Bill, Plaint or Information in any Court of Record within this Government wherein no Essoign, protection, Injunction nor Wager of Law shall be allowed or admitted of.

VI. And Be It Further Enacted by the Authority aforesaid that whatever whyte man shall Defraud or take from any of the Indyans his goods or shall beat or abuse or Injure his person each and every person so offending shall make full satisfaction to the party Injured and shall suffer such other punishment as he should or ought to have done had the offence been Committed to any Englishman.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

-------------------- page 89 --------------------
CHAPTER LX.
Publick Treasurers to give Account for the Prevention of frauds in the Management and Disposal of Publick Moneys.

1. Be It Enacted by his Excellency the Pallatine, &c. And It Is Hereby Enacted that all persons whatsoever within this province (be they of what quality or Condition soever) that formerly have been, now are or hereafter shall be Treasurers, Collectors Or Receivers of Public Moneys now raised or hereafter to be raised by the authority of the General Assembly or who by any means have or shall for the future be possessed of the same or any part thereof shall from time to time and at all times hereafter be accountable to the General Assembly or to such Commissioners as shall or may be appointed by the Authority of the same & no other person or persons whatsoever.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER LXI.

(Repealed by Act 23 November, 1723, ch. 12.)

An Act for a Town on Roanoke Island for the Encouragement of Trade from Foreign parts.

I. Be It Enacted by his Excellency the Pallatine, &c. And It Is Hereby Enacted that the Surveyor General shall lay out three hundred acres of land at Roanoke Island and fronting on the water for the building and settling a Town to be by the permission and Assent of the Lords Prop'rs. Confirmed by this present Act and for the better settling and Confirming thereof.

II. It Is Hereby Enacted that the said three hundred acres of land Shall be appraised by twelve men freeholders of this Government to be nominated by the Governor & Councill who being thereunto Sworn before some Justice of the peace the said land shall be invested in Capt. Richard Sanderson, his heirs and Assigns forever in fee Simple he or they paying the owner or owners of such Land according to appraisment as aforesaid & shall be continued for the use of a Township as aforesaid with the Privileges hereafter Expressed forever.

III. And It Is Hereby Further Enacted by the Authority aforesaid that the Surveyor General do at the proper Cost and charge of Capt. Richard Sanderson & his heirs Survey and lay out the aforesaid quantity of three hundred acres of Land in the place aforesaid and that Sixty acres of the said Land fronting on the water by the said Surveyor Generall at the proper cost and charge of the said Capt. Richard Sanderson and his heirs as aforesaid Surveyed and laid out for a Town in Lotts of halfe an acre each Lott with convenient Squares & places for a Church, Publick Town House and a market place with Convenient Streets and passages and the remaining part of the said three hundred acres of Land to remain and Continue for a Common to the said Town forever.

IV. And Be It Further Enacted by the Authority aforesaid that if any

-------------------- page 90 --------------------
person or persons shall take up one or more Lott or Lotts in any vacant place of the said Town he or they so taking up the Same Shall have a firm & Lawfull Conveyance for the same from the said Capt. Richard Sanderson & his heirs under his or their hand & Seals & in Court Acknowledge the same to him or them so taking up such Lott or Lotts, his or their heirs in fee Simple on payment of Twenty Shillings to the said Capt. Richard Sanderson or his heirs for every Such Lott So taken up.

V. And Be It Hereby Further Enacted that all and every person or persons whatsoever that by virtue of this Act take up any Lott or Lotts shall & is hereby obliged within twelve months after the Date of Such Conveyance for the Same to build on Such Lott one habitable house at least twenty foot and fifteen foot otherwise the Conveyance for the same is hereby Declared null & void to all intents & Purposes in Law as if the same had never been Given, Done or performed & then that the said Lott or Lotts not builded on within the time as aforesaid shall & may be for any other person or persons whatsoever to enter thereon.

VI. And Be It Further Enacted by the Authority aforesaid that no one person shall be allowed to take up more than two front Lotts nor keep more than two Cows in the said Town, Any thing in this Act to the Contrary in any wise notwithstanding.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER LXII.
An Act for raising Corn to satisfy the Debt due from this Government to the Honourable Charles Craven, Esq., Governor of South Carolina; and for the Subsistance of such Forces as shall be raised for the necessary Defence of the Frontiers of this Government. Obs.

(Omitted both from Mss. Vol. and from Swann's Revisal. ED.)

CHAPTER LXIII.
An Act for raising the sum of two thousand Pounds annually till the publick Debts are answered & paid and for the better encouraging the Currency of the Publick bills of Credit.

I. Whereas divers Irregularities and Mismanagements have been Committed in the manner of assessing the late Estate & Poll Tax which has Constrained this Assembly to think of some other Expedient for raising the sum of two thousand pounds Annually towards paying the Debts of the Government and this Assembly believing that the most safe & equal way of raising the aforesaid sum will be by a Poll Tax and a Tax upon Land which cannot be so well Levyed for want of a true rent Roll of all the Land holden in this Government the want of which has been of great prejudice to this Government in General as well as to the true & Absolute Lords Proprietors in particular wherefore that a true rent roll may be taken & the

-------------------- page 91 --------------------
aforesaid sum of two thousand pounds annually paid by a tax on all Land held in this Government & a poll tax.

II. And It Is Hereby Enacted that every Tythable person or master of every Tythable person in this Government be assessed the sum of fifteen Shillings for every Respective Tythable and that all and every person and persons in this Government holding Lands either by Deed or Survey in their own right or as Guardians or Trustees for others shall pay the respective sum of two shillings and six penies for every Hundred acres of Land as aforesaid.

III. And Be It Further Enacted by the Authority aforesaid that the Several Sum or Sums of Money raised and to be raised on the Poll & tax as aforesaid shall be on or before the 21st day of March by the Several persons on whom it shall be assessed annually paid to the Treasurer for the time being of the precinct where he or they shall be resident until the Debts of the Government are fully answered or paid & for the more easy & Certain method of taking the rent roll of the lands in the several precincts of this Government.

IV. Be It Enacted by the Authority aforesaid that the Several Inhabitants of each respective precinct Do on or before the first day of February next ensueing and so annually on the said day give and render to the Clerk of each precinct an Exact Account and Roll or list of all such parcells of Land as they Severally hold by all or either of their tenures as aforesaid in the said precincts.

V. And Be It Further Enacted by the Authority aforesaid that the Clerk of this present Assembly Do by one or more of the members for each precinct Send a Coppy of this Act to the Clerk of each precinct who shall fix a Coppy of the same at the Court House door in their several precincts whereby the Inhabitants may have timely notice to give in their Lists or Land Roll & the Clerk of each precinct shall be allowed for such his trouble of taking the Land roll as aforesaid the sum of twenty five shillings.

VI. And Be It Further Enacted that if any person or persons in this Government shall Conceall or be wanting to give an Exact account of his List or Land Roll he shall forfeit and pay the sum of Tenn Shillings for every hundred acres of Land so concealed one halfe to the Informer the other halfe towards Defraying the Contingent charges of the Government to be recovered by warrant from any Justice of the Peace in the precinct where such default shall be.

VII. And Be It Further Enacted that the Clerks of the Severall precincts that shall be wanting in their Duty by this Act required of them Such Clerk or Clerks shall forfeit and pay the sum of five pounds Current Money of this province to be recovered in any Court of Record in this Government wherein no Essoign, protection or Wager of Law shall be allowed.

VIII. And Be It Further Enacted by the Authority aforesaid that if any person shall neglect or refuse by the space of three years to pay the sum of two shillings and sixpence for every hundred acres as by this Act is directed or if any Lands held in this Government shall be concealed by the space of three years and no account given into the Clerk as by this Act is Directed & it shall happen that there cannot be any thing found on the said Lands whereon to Levy the Forfeitures by this Act provided to be paid the Justices of the precinct Court where such Land shall Lye shall have full power and Authority to sell so much of the said Land as shall satisfy and pay the fines and forfeitures due by this Act and all other charges thereon & to remove all Excuses for non-payment of the funds now by this Act granted

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on the arrears of such taxes as ought to have been paid before the making of this Act.

IX. Be It Enacted by the Authority aforesaid that every Treasurer who shall either by Information or his own knowledge know of any person who shall not have paid his Taxes in Due time & doth not either by himself or Deputy make Distress for the Penaltys by Law appointed or cause to be Exposed to Sale so much of the Lands of such persons as shall be sufficient to pay the arrears and charges, such Treasurer shall be answerable for all such Taxes unless Oath shall be made that such persons are Insolvent.

X. And Whereas Divers Merchants and others trading to this Province are by Divers means Discouraged from accepting the Publick bills of Creditt.

XI. Wherefore that all due Encouragement be given to their Currency and that the true and absolute Lords Proprs. of this Province may be assured that this Government will punctually and annually sinck the aforesaid sum of two thousand pounds per annum till the whole sum of Bills now Current are paid into the Treasury by which means their Lordships may be Encouraged to take them for purchase of Lands.

XII. Be It Enacted that no new Bills shall hereafter be made to sinck the Bills now Current but that this Tax Do stand and Continue till the Bills now Extant are paid into the Publick Treasury.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER LXIV.
An Act impowering Johanna Peterson, Widow of Thomas Peterson, late of Albemarle County, Esq., to make Sale of certain Lands, late belonging to the said Thomas Peterson; and to make other provision for Anna, the Daughter of the said Thomas Peterson, to whom the said Lands do Descend.

I. Whereas Thomas Peterson, late of Albemarle County, Esqr.; died seized and possessed in his Demense, of Fee, of, and to a certain Plantation or Tract of Land, lying in the fork of Queen Anne's Creek, in Chowan Precinct, containing, by Estimation, Four Hundred Acres, be the same more or less, butted and bounded to the Eastward on the Town Land, and to the Westward on Slocomb's Creek; and also, of, in, and to one Halfe Acre or Lot of Land in Bath Town, butting and bounding to the Southward on the Lot of Col. Xpher Gale, and to the Northward on one of the Cross streets; which said Plantation and Lot of Land, do descend unto Anna, an infant, the Daughter of the said Thomas: And Whereas Johanna, the Mother of the said Anna, by her petition preferred to this Assembly, is very willing, for the Advancement of the said Anna's Portion, to relinquish her Right of Dower of, in, and to the said Lands and Lot, provided that the same Lands and Lot may be sold, to and for the use, Benefit and Interest of the said Anna, the said Lands and Lot now having considerable Improvements thereon, which makes them valuable; which otherwise will be very much impaired and ruined before the said Anna shall come of age: Wherefore,

-------------------- page 93 --------------------

II. Be It Enacted, by his Excellency the Pallatine, and the rest of the true and Absolute Lords Proprietors of the Province of Carolina, by and with the Advice and Consent of the rest of the Members of the General Assembly, now met at Little River for the North East part of the said Province, and it is hereby Enacted, by the Authority of the same, That the said Johanna be, and she is hereby impowered, to bargain, sell, alien, enfeoff, and transfer the said Plantation or tract of Land lying in the Fork of Queen Anne's Creek, in Chowan Precinct, containing, by Estimation, Four Hundred Acres, be the same more or less, butting and bounding to the Eastward on the Town Land, and to the Westward on Slocomb Creek; also one Halfe Acre or Lot of Land in Bath-Town, butting and bounding to the Southward on the Lot of Col. Xpher Gale, and to the Northward on one of the Cross Streets; or any Part or Parcel of the same; to any Person or Persons that shall be willing to give most Money for the same; to have and to hold the same to such Purchaser or Purchasers, his or their heirs and Assigns, forever.

III. And for the better securing the Mony arising by such Sale, to and for the Use, Benefit, and Interest of the said Anna, her Heirs and Assigns; It is hereby further Enacted, That immediately at and upon the Sale of the aforesaid Plantation or Tract of Land, and Lot, or any Part of the same, the said Anna shall stand and be seized in her Demense, as of Fee, of, in, and to one certain Plantation or Tract of Land, whereof the said Johanna is and now stands seized and possessed of, in Perquimons Precinct, containing, by Estimation, One Hundred and Seventy Acres, be the same more or less, situate, lying, and being on Castleton's or Laker's Creek, butting and bounding on the Lands of Inliana Lakers and Richard Skinner; to have and to hold the same Plantation or Tract of Land, to her the said Anna, her Heirs and Assigns, in Fee-Simple, with Condition that if the said Johanna do pay the said Monies arising by such Sale to the said Anna, at and upon her Arrival to the Age of Eighteen years, or Day of Marriage, or otherwise appropriating the Monies arising by the Sale of the Aforesaid Plantation or Tract of Land at the Fork of Queen Anne's Creek, and Lot aforesaid, by purchasing young Female Slaves for the Use of the said Anna; then the aforesaid Estate of the said Anna, of, in, and to the aforementioned Plantation or Tract of Land in Perquimons Precinct, to be invalid and of no Force or Effect.

CHAPTER LXV.
An Act Confirming the Titles of Sundry Persons who have, or hereafter may, purchase Lands of Col. Thomas Cary, in Bath County.

I. Whereas Col. Thomas Cary taking up and purchasing divers Lands and Plantations in Bath County, the Deeds or Patents passed for the same have been taken in the name of John Cary, an Infant son of the said Thomas Cary, although the Purchase Money, or Consideration paid for the same, was actually and bona fide the Monies of the said Thomas, and by him, the said Thomas, paid:

II. And Whereas the said Thomas Cary having bargained, sold, aliened, and transferred unto divers Persons, and their Heirs, several Tracts or Parcels of Land, in Bath County aforesaid, and is intended to bargain, sell, and transfer the remaining Part of the aforesaid Lands in Bath county:

III. Wherefore, for avoiding Disputes that may hereafter arise concerning

-------------------- page 94 --------------------
the aforesaid Title, taken in the aforesaid John Cary's Name, and for easing and quieting the Minds of such Persons as have Purchased the same, or may hereafter purchase from the said Thomas Cary, and Pursuant to the Petition of the said Thomas Cary:

IV. Be It Enacted by his Excellency the Pallatine, and the rest of the true and absolute Lords Proprietors of the Province of Carolina, by and with the Advice and Consent of the rest of the Members of the General Assembly now met at Little River, for the North East Part of the said Province.

V. And it is Hereby Enacted, by the Authority of the same, That all and singular the Bargains, Sales, Alienations, and Conveyances, already made and passed, or hereafter to be made and passed, by the said Thomas Cary, unto any Person or Persons whatsoever, their Heirs and Assigns, of, in, and to any of the Lands, Tenements, and Plantations, in Bath County, which lately were, or now are, in the Possession or Occupation of the said Thomas Cary, and for which Deeds or Conveyances have been made and passed, to and for the use of the said John Cary, an Infant, Son of the said Thomas Cary, or in the name of the said John, shall stand, be, and forever remain, firm and available in Law and Equity, to such Purchaser or Purchasers, their Heirs and Assigns, having, or hereafter to have, from the said Thomas Cary, any Bargains, Sales, Alienations, or Conveyances for the same; any such Deeds of Sale, Conveyance, or Alienation formerly made in the said John Cary's Name, or to or for his Use and Behoof, notwithstanding.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER LXVI.
An Act for the Confirmation of the Laws passed this Session of Assembly & for repealing all former Laws not herein particularly Excepted.

I. Whereas in pursuance of an Act of Assembly made & ratified the 6th day of November last past the ancient standing laws of this Government have been carefuly revised.

II. Be It Therefore Enacted by his Excellency the Pallatine & the rest of the true & absolute Lords, &c.

And it is hereby Enacted that all laws heretofore made within this Province such only Excepted as by their particular titles are hereby Expressly continued & revised are, and stand hereby repealed, annulled & void, & that all laws now made, passed and confirmed this present Session of Assembly together with such other as are hereafter mentioned to be continued shall be of full force & shall be hence forward deemed taken & adjudged as the body of the Laws of this Government & no other heretofore made.

III. And to prevent Disputes which may hereafter arise for or by reason of any Act or Acts, thing or things heretofore done or acted which might have been held & Claimed by Virtue of any Law hereby repealed, or Intended to be repealed.

IV. Be It Further Enacted, by the Authority aforesaid that all and every other act or acts, thing or things heretofore awarded, passed & done or which

-------------------- page 95 --------------------
might have been held and claimed in pursuance to any law or act of Assembly hereby repealed & Intended to be repealed shall be good, valid & Effectual in the law to all intents & purposes whatsoever as if the said Laws and every of them were Continued & in force.

V. And saving Likewise to all persons the benefit and advantages of any suit or action already commenced, or Sued upon any Act or Acts hereby repealed, anything herein before to the Contrary notwithstanding.

VI. And Be It Further Enacted by the Authority aforesaid that these following Laws shall be, remain, and continue, and they are hereby revived & continued.

VII. An Act Concerning Escheat Lands & Escheators.

VIII. An Act for the better and more Effectual preserving the Queen's peace & establishing good and lasting foundation of Government, in North Carolina.

IX. An Act to promote the building a Court house to hold the Assembly in, at the fork of Queen Ann's Creek commonly called Matchacamak Creek in Chowan precinct.

X. An Act to regulate Divers abuses in the taking up land & to ascertain the method to be observed from henceforward in taking up and surveying of Land.

XI. An Act Impowering the Governor to appoint Commissioners to treat with all such Commissioners as shall be appointed by the Government of Virginia relating to the Indian affaires.

XII. An Act for the raising the sum of twenty four thousand pounds in publick bills of Credit for paying the remaining part of the Debts of the Government & for sinking the remaining part of the sum of twelve thousand pounds Publick bills of Credit with two years' Interest.

XIII. Provided always that this Act, nor anything therein Contained shall be construed, adjudged & taken or is & hereby meant or intended to annul, repeal or make void the six following Laws already confirmed by the Lords Proprietors the several titles whereof follows:

1st. An Act concerning Marriages.

2nd. An Act concerning transferring of rights.

3rd. An Act concerning the defraying the Charge of the Government & Council.

4th. An Act prohibiting strangers trading with the Indians.

5th. An Act for the speedy settlement of Land.

6th. An Act exempting new comers from paying Levys for one year.

XIV. And provided also, that this Act shall not Extend to make voyd, or annul, any Act or Clause of any Act relating to the Publick funds or bills of Credit, any Act of Naturalization, or any other private Acts, but that all and every such Act & acts are hereby Confirmed and ratified & that the Acts relating to the Publick funds or bills of Credit shall be and continue till they become absolute, or shall be afterwards declared voyd by act of the General Assembly any thing herein before to the contrary notwithstanding.

XV. And Be It Further Enacted by the Authority aforesaid that the Chief Justice and the Clerk of such & every precinct Court, shall take care, that the transcript, or book of Laws reposited in his or their Custody, shall be constantly laid open upon the Court table during the sitting of the Court for the perusal of such members of the Court or other persons Littigating Causes therein as shall have occasion so to do.

XVI. And Be It Further Enacted that the Clerk of each Court shall at the next Court after receipt thereof publickly & in open Court read over the

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same & so yearly at the first Court next following after the first day of May under the Penalty of five pounds for such neglect. And forasmuch as Mr.

Signed by
CHARLES EDEN, Esq., Governor.
N. CHEVIN,
W. REED,
CHR. GALE,
TOBIAS KNIGHT,
FRANCIS FOSTER, Lords Proprietors Deputies.
EDWARD MOSELEY, Speaker.