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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1729
North Carolina. General Assembly
November 27, 1729
Volume 23, Pages 112-116

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LAWS OF NORTH CAROLINA, 1729.

At a General Assembly, held at Edenton, in Chowan Precinct, the Twenty Seventh Day of November, in the Year of our Lord One Thousand Seven Hundred and Twenty Nine. Sir Richard Everard, Governor.

CHAPTER I.
An Act for the making and emitting the Sum of Forty Thousand Pounds, Public Bills of Credit of North Carolina. Obs.

(Omitted.)

CHAPTER II.
An Act for the More quiet settling the Bounds of the Meherrin Indians' Lands.

(Printed in Private Acts, post.)

[Full text of this chapter is available at vol.25, p. 211.]

CHAPTER III.
An Act to make Hyde Precinct separate from Beaufort Precinct, with Power of erecting a Court-House, and holding Courts.

(Printed in Private Acts, post.)

[Full text of this chapter is available at vol.25, p. 212.]

CHAPTER IV.
An Act to appoint that Part of Albemarle County, lying on the South Side of Albemarle Sound, and Morattuck River, as high as the Rainbow Banks, to be a Precinct, by the Name of Tyrrel Precinct.

(Printed in Private Acts, post.)

[Full text of this chapter is available at vol.25, p. 212-213.]

CHAPTER V.
An additional Act to an Act, for appointing Toll-Books, and for preventing People from driving Horses, Cattle, or Hogs, to other Persons' Lands.

(See Ch. 44, Acts 1715.)

I. Whereas in and by the said Act, the Remedy appointed for recovering the Penalty of Twenty Pounds for the Inhabitants of any other Government's Cattle, Horses, or Hogs ranging on People's Land in this Government, is by Distress to be made by the Toll-keeper or Ranger, but no Method appointed for disposing such Distress or Proceedings thereon.

II. Be It therefore Enacted, by his Excellency the Palatine, and the rest

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of the True and Absolute Lords Proprietors of Carolina, by and with the Advice and Consent of the rest of the Members of this General Assembly, now met at Edenton, for the North East Part of the said Province, and it is hereby Enacted by the Authority of the same, That when such Distress is made, or which may hereafter be made, by the Owner of the Land, as well as the Officers aforesaid, the Stocks so distrained shall be kept Four Days unless sooner redeemed or replevied by the Owner, who, on paying the Penalty, and the reasonable Charges, shall have them at any Time within Four Days after Seizure; otherwise, after the Expiration of the said Four Days, they shall be appraised by Three Indifferent Freeholders, to be appointed and sworn by some Magistrate, and the Property shall be immediately vested in the Person or Persons seising the same, he or they returning the said Appraisement to the Clerk of the Precinct Court, with an exact Account of the Marks or Brands of such Horses, Cattle or Hogs, which shall be set up at the Court-house the next Court; and any Person proving the Right to such Cattle, Horses, or Hogs, at any of the Next Four Courts in the said Precincts, after such return of that Appraisement, having given the destrainer Notice, shall have an Order or Judgment of the said Court for the Overplus, according to the Appraisement, the Penalty and Charges deducted.

III. And be it further Enacted, by the Authority aforesaid, That the Penalty of Ten Pounds in the said Act for appointing Toll-Books may be recovered by distress in like Manner, provided that no Guardian or Executor shall be excluded by the said Act from bringing any Stock, under their Care, on their Land.

IV. And be it further Enacted, by the Authority aforesaid, That the Stock of any Inhabitant of another Government being found on People's Land in this Government, contrary to the said Act, shall be deemed to be driven by the Owners, unless it can be proved that they strayed by some unavoidable Accident, and were pursued, and have not ranged above Four Days, provided such distress be made Four Miles to the Southward of the Line betwixt this Government and Virginia.

V. And be it further Enacted, by the Authority aforesaid, that no Person within this Government, shall presume to hunt, drive, or kill any Stock, Deer, or Game, on any Person's Land within this Government, except Neighbours whose Lands are very near adjacent, without Leave first had and obtained from the Owner of the said Land whereon he or they shall be found ranging, or hunting, contrary to this Act, under the Penalty of Five Pounds for each and every Time he or they shall be found ranging, the one half to the Owner of the Land, the other half to the Informer: To be recovered by a Warrant from two Justices, whereof one to be of the Quorum; which said Justices are hereby impowered finally to hear and determine the same.

VI. And be it further Enacted, by the Authority aforesaid, That no Ranger or other person on any pretence, shall range or hunt, kill or take up, any unmarked Cattle, Horses, or Hogs, on other Persons' Lands, without Leave of the Owner of such Land or Lands; any Law, Usage, or Custom, to the Contrary, notwithstanding, But that every Person shall have free Liberty to take up and kill all such unmarked Cattle, Hogs, and Horses, as he shall find running on his own Land, and the same to convert to his own Use, unless the Property thereof be proved within Three Months, by any Person Claiming the Same; who paying for the Taking up, shall have the said Beast, or its value, as it is in the Law directed for Rangers.

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VII. And whereas great Damages are frequently done, by Slaves being permitted to hunt or range with Dogs or Guns: For prevention whereof, Be it Enacted, by the Authority aforesaid, That it shall not be lawful for any Slave, on any pretence whatsoever, to go, range, or hunt on any Person's Land other than his Master's, with Dogs or Gun, or any Weapon, unless there be a white Man in his Company; under the Penalty of Twenty Shillings, to be paid by his Master, for every Offence, unto the Owner of the Land whereon such Slaves shall range or hunt, and that no slave shall travel from his Master's Land by himself to any other Place, unless he shall keep the most usual and accustomed Road: And if any Slave shall offend contrary hereto, it shall be lawful for the Owner of the Land whereon such Slave shall be found, to give him a severe Whipping, not exceeding Forty Lashes; and if any Loose, disorderly or suspected Person, be found eating or drinking, or keeping with Slaves in the Night Time, such Person shall be apprehended and carried before a Justice of the Peace; and if he cannot give a good and satisfactory account of his Behaviour, such Person shall be Whipped, at the discretion of the Justice, not exceeding Forty Lashes.

VIII. And for the better suppressing of Negroes travelling and Associating themselves together in great Numbers, to the Terror and Damage of the white People; Be it Enacted, by the Authority aforesaid, That if any Negro or Negroes shall presume to travel in the Night, or be found in the Quarters or Kitchens among other Persons' Negroes, such Negroes so found shall receive Correction, not exceeding Forty Lashes, as aforesaid; and such Negroes in whose Company they shall be found, shall receive Correction, not exceeding Twenty Lashes.

IX. Provided always, That nothing in this Act shall be construed to prevent any Person from sending his Slaves on his lawful Business, with a pass, in Writing; nor to hinder Neighbours' Negroes intermarrying together, so that Licence being first had and obtained of their several Masters.

CHAPTER VI.
An Act for the more effectual and speedy putting in Execution the Act for settling the Title and Bounds of People's Lands.

(See Ch. 4, Laws 1723.)

I. Whereas the said Act for the Processioning People's Lands, altho' very necessary for the ascertaining People's Bounds, and preventing disputes hereafter, hath not been duly and effectually put in Execution: Wherefore, that the said Law may, for the future, be better observed.

II. Be it Enacted, by his Excellency the Palatine, and the rest of the true and absolute Lords Proprietors of Carolina, by and with the Advice and Consent of the rest of the Members of the General Assembly, now met at Edenton, for the North East Part of the said Province, and it is hereby Enacted, by the Authority of the same, That the several and respective Vestries, when summoned to meet for that Purpose by the Church-wardens, shall, without any Order of Court, divide the Parish into convenient Cantons, and appoint two able, Honest Freeholders in each Canton, to procession the Lands within the same, and that the Church-wardens in each Parish shall, immediately after the First Day of March next, summon the Vestry to Meet for that purpose under the Penalty of Five Pounds for each Church-warden neglecting the same, and the Clerk of the Parish shall, after such appointment by the Vestry, immediately give notice to the said Freeholders appointed

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in each Canton, and of their respective Divisions, under the Penalty of Five Pounds for every Canton so neglected; for which Notice the said Vestry shall allow the said Clerk Twenty Shillings out of the Parish Monies; and the Freeholders so appointed, on Notice given them, shall forthwith (being first sworn to act justly and impartially to the best of their Knowledge) procession People's Land as in and by the said Act is already provided, under the Penalty of Five Pounds each; and the several Penalties by the said Act, and hereby provided, shall be recovered and received by the Church-wardens only, and to the use of the Parish: And any Church-warden failing in their Duty by the said Act provided, or hereby required, shall be answerable for their Penalties in their accounts with the Vestry; and if they do not receive or prosecute the Penalties forfeited by any others for not performing their Duties in the said Act, or hereby provided, such Church-wardens shall be answerable for the same themselves, in their Accompts with the Vestry.

III. And be it further Enacted, by the Authority aforesaid, That where the Bounds cannot be fully ascertained by such Freeholders appointed, they shall make Return thereof accordingly, that in such Cases the Surveyor may be ordered to run the Bounds, at the Charge of both Parties, in the same Manner as is before in the said Act provided to be done, where one Party utterly refuses to have his Lands processioned.

CHAPTER VII.
An Act to confirm Bath-Town Common.

(See Ch. 9, Laws 1745.)

I. Whereas a Tract of Land, adjacent to Bath-Town, was granted and surveyed for a Common for the use of the said Town, and is bounded as followeth, viz. Beginning at a marked Pine at the East Branch of the Old Town Creek, running up Captain Burrow's Line to a Bound Oak, West Eight Degrees North, two Hundred Pole; thence to a Marked Pine at David Perkins' Corner, North Eight Degrees East, One Hundred and Three Pole; thence to a Hickory at the Branch, North Ten Degrees East, One Hundred and Seventy Two Pole; thence down the Windings of the Branch and Creek to the first Station; which said Land contains One Hundred and Forty Five acres, but the Title thereof hath never been fully confirmed:

II. Be it therefore Enacted, by his Excellency the Palatine, and the rest of the true and absolute Lords Proprietors of Carolina, by and with the Advice and Consent of the Rest of the Members of this General Biennial Assembly, now met at Edenton, for the North East Part of the said Province, and it is hereby Enacted by the Authority of the same, That the said Land shall be, and is hereby appointed a Common, to lie perpetually for the Use and Benefit of the Inhabitants of Bath-Town, under such Restrictions and Regulations as is or shall be appointed for Town Commons; and that the Inspection and Immediate Care of looking after the said Common, be in the Commissioners of the said Town for the Time being.

CHAPTER VIII.
An Act to Repeal the Act, intituled, An Act for Encouragement of Tanning Leather in this Province, Obs,

(Omitted.)

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CHAPTER IX.
An additional Act to the Act, for the Tryal of Mean and Small Causes.

(Repealed Ch. 15, Acts 1741, and omitted.)

CHAPTER X.
An Act for Regulating Vestries in this Government, and for the better inspecting the Vestrymen and Church Wardens' Accompts of each and every Parish in this Government.

(Omitted.)

Signed by,
SIR RICHARD EVERARD, Governor;
Chr. Gale,
J. Lovick,
Edmond Gale,
Ed Moseley,
Rich. Sanderson,
Robert West,
T. Pollock,
John Paulin,
F. Worley,
THOMAS SWANN, Speaker.