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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1722
North Carolina. General Assembly
October 02, 1722 - October 19, 1722
Volume 23, Pages 98-102

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LAWS OF NORTH CAROLINA, 1722.

At a General Biennial Assembly, held at Edenton, in Chowan Precinct, the Second Day of October, One Thousand Seven Hundred and Twenty-two, and continued by several Adjournments, to the Nineteenth Day of the same Month. William Reed, Esq., President.

CHAPTER I.
An Act, for a Road from Core-Point, on Pamptico, to New Bern, on Neuse River.

I. Whereas a Road from Core-Point, to New Bern Town, would be of very great Use and Advantage to the Inhabitants of the upper parts of Neuse River in particular, and to the County of Bath in general, which, by Reason of the Inhabitants of those parts belonging already to other Districts, cannot be altered but by Authority of Assembly: Wherefore it is humbly prayed that it may be Enacted.

II. And be it Enacted, by his Excellency the Pallatine, and the rest of the true and absolute Lords Props. of the Province of Carolina, by & with the Advice and Consent of the rest of the Members of this present General Assembly, now met at Edenton, at Queen Anne's Creek, in Chowan Precinct, for the North East part of the said Province, and it is hereby Enacted, by the Authority of the same, That all the Inhabitants living on the South side of Pamptico River, from Derham Creek Upwards; and all the Inhabitants settled on the South Side of Neuse River, from Slocum's Creek upwards, including Trent River; and all the Inhabitants in the Fork of Neuse; are hereby ordered to work on the Main Road that is to be laid out, by the persons hereafter appointed for that purpose, from the North Side of Neuse River, beginning directly over against the Town of New Bern, to Core Point, on the South Side of Pamptico River.

III. And Be It Further Enacted, by the Authority aforsaid, That Capt. Richard Graves, Capt. William Hancock, Mr. John Tripp, and Robert Turner Esqr., or any Three of them, are hereby ordered and Impowered to lay out the said Road from New Bern Town to Core-Point, within three months after the Ratification of this Act, under the Penalty of Twenty Pounds; One half to the Party suing for the same, and the other half to the Vestry of the Two Precincts, for the use of the Parishes: 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.

IV. And Be It Further Enacted, by the Authority aforesaid, That Mr. John Trip is hereby appointed Overseer of the People that are liable to work on the said Road, belonging to the South Side of Pamptico River, within the Bounds aforementioned in this Act; And that Capt. Richard Graves is appointed Overseer of the people that are liable to work on the aforsaid Road, within the Bounds mentioned aforesaid: And that the aforsaid Overseers and people are liable to the same Fines and Forfeitures as all other Overseers and People, liable to work on Publick Roads, have heretofore been.

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V. And Be It Further Enacted, by the Authority aforsaid, That all the Inhabitants residing on the South Side of Pamptico River, from Derham's Creek downwards, including Bay River; and all the Inhabitants on Beard's Creek, and downwards, living on the North side of Neuse River; are hereby ordered to work on and maintain the old Road that formerly was laid out, from Wilkinson's Point, on the North Side of Neuse River, to the Fork of Derham's Creek, at the plantation that Mr. Thomas Sparrow, deceased, formerly dwelt on: And that they are under the same Fines and Forfeitures as all People liable to work on Public Roads, have heretofore been.

CHAPTER II.
An Act, for Making the Sum of Twelve Thousand Pounds, Public Bills of Credit, for exchanging such of the Public Bills of Credit as are, now Current, thereby to render them the more useful to the Government; and for regulating the Taxes. OBS.

(Omitted.)

[Full text of this chapter is available at vol.25, p. 173-175.]

CHAPTER III.
An Additional Act to an Act, Intituled, An Act, appointing Toll-Books.

I. Whereas an Act, intituled an Act, for appointing Toll-Books to be kept in this Government, has been passed; and the said Act has been rendered useless by reason of the Places appointed by it for the Toll-Books to be kept being inconvenient, and the fees allowed to such persons as are appointed to keep them so small, that no person will take the trouble of the said office on himself: Wherefore it is prayed, that an Act may be made for the Continuance of the said Act, and that there be fixed places appointed for the Toll-keepers in the several Precincts, and that the said Toll-keepers Fees be raised:

II. Be It Therefore Enacted, by his Excellency the Pallatine, and the rest of the true and absolute Lords Proprietors of Carolina, by & with the Advice and Consent of this present General Assembly, now met at Edenton, on Queen Anne's Creek, in Chowan Precinct, for the North East part of the said Province, and it is hereby Enacted by the Authority of the same, That the Toll Office for the Precinct of Chowan, be kept at the head of Katharine's Creek, near Mr. Thomas Speight's, at the Head of Perquimons and at Maycock Creek, in Currituck Precinct; for Bertie Precinct, at Boon's Ferry, and such other Places as the Precinct Court shall appoint: And that every Toll-Keeper shall be allowed the Sum of Four Pence for each Hog, and Six Pence a head for all Cattle, carried or transported out of this Government, by all Persons carrying or transporting the same, under the like Penalty as in the said Act is mentioned; And the said Toll-keepers are to observe all Articles and Clauses in the said Act mentioned, under the like Pains, Fines and Penalties therein expressed.

CHAPTER IV.
An Act, for Enlarging and Encoragement of the Town called Edenton, in Chowan Precinct.

(Omitted.)

[Full text of this chapter is available at vol.25, p. 175-178.]

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CHAPTER V.
An Act appointing that part of Albemarle County lying on the West Side of Chowan River, to be a Precinct, by the name of Bertie Precinct.

I. Whereas that part of Albemarle County lying on the West Side of Chowan River, being part of Chowan Precinct, is now inhabited almost to the utmost of the said County Westward, and by reason of the remote situation thereof, the Inhabitants, which are growing very numerous, cannot, without too great Inconvenience, be continued any longer as part of Chowan Precinct: Wherefore.

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 Edenton, at Queen Anne's Creek, in Chowan Precinct, for the North East Part of the said Province, and it is hereby Enacted, by the Authority of the same, That that part of Albemarle County lying on the West Side of Chowan River, being part of Chowan Precinct, bounded to the Northward by the line dividing this Government from Virginia, and the Southward by Albemarle Sound and Morattuck River, as far up as Welch's Creek, and then including both sides of the said River, and the Branches thereof, as far as the limits of this Government, be, and the same is hereby declared to be erected into a Precinct, by the name of Bertie Precinct, in Albemarle County; with all and every the Rights and Priviledges, and other Benefits and Advantages whatsoever, as any other of the Four Precincts in Albemarle County can or may have, use, or enjoy.

III. And Be It Further Enacted, by the Authority aforsaid That the Election for Representatives for the said Precinct, shall always be at the Court House for the said Precinct, or at such Place as shall be appointed for building the said Court House on.

CHAPTER VI.
An Act, concerning Fees and Officers.

(Omitted.)

[Full text of this chapter is available at vol.25, p. 179-182.]

CHAPTER VII.
An Act, appointing that part of the South-West Parish of Chowan that lies on the South Shore, and Alligator, to be a distinct Parish, by the Name of the South Parish of Chowan; and for appointing Vestrymen for the said Parish.

(Printed in Private Acts, post.)

[Full text of this chapter is available at vol.25, p. 182-183.]

CHAPTER VIII.
An Act, for settling the Precinct Courts and Courthouses.

I. Whereas through the great Taxes and Charges this Government hath laboured under, by Means of the late Indian War, there has been no Care taken by preceding Assemblies to settle the several Precinct Courts to any

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fixed or Certain Place, but have always hitherto been kept and held at private Houses, where they have been, and are liable to be removed, at the Pleasure of the person or persons owning such Houses, to the great Annoyance of the Magistrates and People: For the Prevention of which for the Future;

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 this present General Assembly, now met at Edenton, at Queen Anne's Creek, in Chowan Precinct 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 Ratification of this Act, the Justices of the Peace that are now appointed for and in every respective Precinct in this Government, or shall hereafter be appointed within the Time limited in this Act for Building the Precinct Court-houses, or the greatest part of them, are hereby required and impowered to purchase the quantity of One Acre of Land, in such Place or Places of their several Precincts, as in and by this Act is hereby nominated and appointed, for erecting the said Court-houses on.

III. And for the better enabling the said Justices, or the greatest part of them, to purchase said Lands, and build the said Court houses: Be it Enacted, by the authority aforsaid, That the said Justices, or the greatest Part of them, shall have full power and Authority to raise Money, by a Poll Tax on the several Inhabitants of their respective Precincts, for the Purchasing such lands and building the said Court-houses thereon, not exceeding the sum of five Shillings per Poll per Annum; which said Tax or Levy shall be paid to them the said Justices, or whom they, or the greatest part of them, shall appoint to receive the same, by each and every person respectively, in the same Manner and Form as they do their Public Levy, and under the same Fines and Forfeitures.

IV. And Be It Further Enacted, by the Authority aforsaid, That if any Person or Persons shall refuse to sell to the said Justices, or to the greatest Part of them, such Lands as by this Act is appointed to be purchased for the use of a Court-house, for what the said Justices shall think to be the full Value thereof, that then, and in such Case, it shall and may be lawful for the Chief Justice to issue his Summons, under his Hand, directed to Three Freeholders of the Precinct where such refusal shall be made; which Freeholders are hereby required, on Oath, to appraise the said Land: And in Case the owner of the said Land shall, after a Tender made him of the Money which the said land was appraised to, refuse to give a lawful Conveyance for the same, such Land shall, nevertheless, be invested in the Publick, for the use aforesaid; provided that no Person's Orchard, Garden, or enclosed Ground, be injured thereby.

V. And be It Further Enacted, by the Authority aforesaid, That if the Justices, or the major part of them, in their several Precincts, shall neglect or refuse to purchase the land by this Act directed for building the several Court-houses on, or to agree with workmen to build and finish the same, (which shall not be less than Twenty Four feet Long and Sixteen Feet wide), within Six months after the Ratification of this Act; that then, and in such Case, the Governor or Commander in Chief for the Time being shall, and is hereby impowered and directed to nominate and appoint such Person or Persons in each and every Precinct so neglecting or refusing; which Person so appointed, shall have the same Power and Authority to lay the said Tax,

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purchase such Land, and build the said Court-houses, as the said Justices might or ought to have had by this Act.

VI. And be it Further Enacted, by the Authority aforesaid, That the Lands hereafter mentioned be, by the several Justices, or the Major Part of them, in each respective Precinct, purchased, to and for the Building and erecting the several Court-houses on: That is to say:

For the Precinct of Chowan, at Edenton.

For the Precinct of Perquimons, at Jonathan Felp's Point, at the Mouth of the Narrows.

For the Precinct of Currituck, on the Land of Mr. William Peyner, next to the Land of Mr. William Parker; or at Mr. Parker's, as the Justices shall appoint.

For the Precincts of Beaufort and Hyde at Bath Town.

For the Precinct of Craven, at New Bern.

For the Precinct of Carteret, at Beaufort Town.

For the Precinct of Bertie, now by this Assembly, laid out, at some convenient place at Ahotskey, where the Justices shall appoint.

For the Prec inct of Pasquotank, at such Place as the Justices shall appoint.

And whereas many Inconveniences hath happened in this Government, by Reason of the falling of the Courts, which too frequently have been occasioned by failure of a sufficient Number of Justices to meet: For Prevention of which for the Future; Be it Enacted, by the Authority aforesaid, That all Actions or Business whatsoever now depending, or hereafter to be depending, in the General Court, or any Precinct Court in this Government, shall not be discontinued by Reason or Failure of a sufficient Number of Justices meeting at the Days appointed; but that all such actions or Business shall stand continued till the next Court: Any Law, Custom, or Usage to the Contrary, notwithstanding.

Signed by
WILLIAM REED, Esq., President,
CHR. GALE,
RICHARD SANDERSON,
JOHN LOVICK,
THOMAS LOVICK, Lords Proprietors Deputies.
EDWARD MOSELEY, Speaker.