powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Acts of the North Carolina General Assembly, 1734
North Carolina. General Assembly
November 06, 1734 - November 13, 1734
Volume 23, Pages 117-121

-------------------- page 117 --------------------
LAWS OF NORTH CAROLINA, 1734.

At a General Assembly, held at Edenton, in Chowan Precinct, in the Year of our Lord One Thousand Seven Hundred and Thirty Four. Gabriel Johnston, Esq., Governor.

CHAPTER I.
An Act Stamping and Exchanging the present Bills of Currency of this Province, and for the better explaining An Act of the General Assembly, passed the Twenty Seventh Day of November, One Thousand Seven Hundred and Twenty Nine, intituled, An Act for making and emitting the Sum of Forty Thousand Pounds public Bills of Credit of. North Carolina. Obs.

(Omitted.)

CHAPTER II.
An Act Repealing a Clause in an Act, intituled, An Act relating to Biennial and other Assemblies, which impowers Freemen of the several Precincts to vote for Members of Assembly, and declaring what Persons shall be qualified to vote for Members to Sit in General Assembly, and also Qualification of Members for the future.

(Repealed Ch. 1, Acts 1743, and omitted.)

[Full text of this chapter is available at vol. 25, p.214.]

CHAPTER III.
An Act for reviving An Act, intituled, An additional Act, to the Act for Tryal of Mean and Small Causes.

(Repealed Ch. 15, Acts 1741, and omitted.)

CHAPTER IV.
An Act for laying a Duty on Liquors, for and towards defraying the contingent Charges of the Government; and to make a Poll-Tax on the poorer Inhabitants more easy. Exp.

(Omitted.)

CHAPTER V.
An Act to ascertain the Allowance of His Majesty's Council, and the Members of Assembly of this Province. Exp.

(Omitted.)

-------------------- page 118 --------------------
CHAPTER VI.
An Additional Act to the Act concerning Roads and Ferries.

(See Ch. 36, Laws 1715..)

I. Whereas by the aforesaid Act, the several Precinct Courts in this Province, are invested with Power and Authority to settle Ferries, to lay out Roads to appoint Surveyors thereof, and to direct where Bridges are to be made, in their several Precincts; and likewise to order Fines and Penalties to be levied on such Persons as shall refuse or neglect to work thereon; which Fines and Penalties to be levied on such Persons so refusing or neglecting, being very small, and the Method of levying or recovering of them so tedious, that the intention of the aforesaid Act is greatly defeated: For Prevention for the future, and the better to enable the said Court, the several Members thereof, and the Persons that are by them appointed, to execute and perform their several Offices and Duties:

II. We pray that it may be Enacted, And be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of His Majesty's Council, and General Assembly of this Province, That from and after the Ratification of this Act, the Court of each and every Precinct within this Province, shall have full Power and Authority, and they are hereby authorized and impowered, to compel all Persons that now do, or hereafter shall be allowed and appointed to keep any Public Ferries in any of their several and respective Precincts, to give good and sufficient Security, in the Sum of One Hundred Pounds, Current Money, payable to his Majesty, his Heirs and Successors, with Condition, That he or they shall and will constantly find, provide, and keep good, sufficient Boats, or other proper Crafts, in good Repair, always to be well attended for Transportation of Travellers, their Horses, Cattle, Carts or Carriages and if any Persons shall presume, for Hire or Reward, to transport, carry, or convey any Travellers or Persons, their Horses, Cattle, Carts or Carriages, over any River or Creek, within Ten Miles of any Ferry heretofore appointed, or that may and shall hereafter be appointed and established, as aforesaid, on the same River or Creek where such Ferry is appointed, the said Person or Persons so offending shall forfeit and pay the Sum of Five Pounds for every such Offence; to be recovered by a Warrant from Two Justices of the Peace, in the Precinct where the same shall be committed; one Half to the party injured, and the other Half to him or them that shall sue for the same: Any Thing in the aforesaid Act to the contrary, in any wise notwithstanding.

III. And be it further Enacted, by the Authority aforesaid, That any Surveyor of the Roads for the future, that shall refuse to act when so appointed, or shall neglect or refuse to do his Duty, after Notice given, as in and by the aforesaid Act is directed, unless hindered by extreme bad weather, such Surveyor shall forfeit and pay, for every such Offence, the Sum of Ten Pounds; to be recovered by a Warrant from two Justices of the said Precinct where such Offence shall be committed, over and above the Damages which shall be sustained by any Person or Persons that shall or may be injured by such Neglect: Which Damages shall and may be recovered by Action, Bill, Plaint, or Information, in any Court of Record in this Province: And the said Surveyors having duly summoned, or caused to be summoned, all the Male Tithables in his or their several Districts, as in the aforesaid Act is directed, (excepting such Persons as are therein and thereby exempted from the working on the Roads), upon their Neglect or Refusal to do and perform

-------------------- page 119 --------------------
such their Service, and on being summoned before the next Magistrate, (unless he can then shew a reasonable Cause for such his Neglect or Refusal, to be allowed of by the said Magistrate,) he or they so offending shall forfeit and pay the Sum of Ten Shillings, for every Day's neglect or Refusal with Costs; to be recovered and levied by an order from the said Magistrate, instead of the Fine of Five Shillings therein mentioned, which said Fine of Ten Shillings shall be applied as in and by the aforesaid Act is directed.

IV. And be it further Enacted, by the Authority aforesaid, That upon proper Application made to any of the Precinct Courts in this Province, for clearing of navigable Creeks in any of their several Precincts, it shall and may be lawful for the said Courts, and they are hereby authorized and impowered, to appoint such Surveyors of the Roads as live most convenient and contiguous to such Creeks, with their Companies, to do and perform the same, at some convenient Season that shall happen, within One Year after such Application; and upon Neglect or Refusal of such Surveyor or Company, or any of them, to do and perform such Work and Service, after due Notice, upon due Proof thereof, he or they so refusing or neglecting, shall be liable to the same Fines and Forfeitures as for Neglect or Refusal of their Service on the Roads; to be recovered and applied as is hereinbefore expressed. Any Law, Usage, or Custom, to the contrary, in any wise, notwithstanding.

V. And be it further Enacted, by the Authority aforesaid, That from and after the Ratification of this Act, every Surveyor of any Road within the County of Albemarle, shall forthwith cause the Road whereof he is Surveyor, or for any Road hereafter to be laid out, to be cleared, Twenty Feet clear of all Trees, and every Causeway or Bridge within his District, to be Ten Feet wide.

VI. And be it further Enacted, by the Authority aforesaid, That nothing contained in this Act shall effect or make void any Thing in an Act, passed this present Session, Concerning Roads, &c., for the County of Bath.

CHAPTER VII.
An Act for laying out, making, altering, and keeping in Repair the several Roads and Highways within the several Precincts of the County of Bath, and for Building Bridges, and cleansing and keeping clean the several Rivers and Creeks within the same. Rep.

(Omitted.)

CHAPTER VIII.
An Act to Confirm and Establish the Precincts of Onslow and Bladen, and for appointing them distinct Parishes.

I. Whereas by an Act, intituled, An Act for regulating Vestries in this Government, and for the better inspecting Vestrymen and Church wardens' Accompts of each and every Parish in this Government, it is Enacted, That the Southern Part of this Province shall be erected into a Precinct, by the name of New Hanover Precinct, and bounded to the Northward by the Haulover, and Little Inlet, and to the Southward by the Southernmost Bounds of the Province; and as the Precinct of New Hanover is now become very populous, and the Extent thereof being found too incommodious

-------------------- page 120 --------------------
to many of the Inhabitants thereof, particularly those of New River, and the upper part of the Northwest River:

II. We therefore pray that it may be Enacted and be it Enacted by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of His Majesty's Council and General Assembly of this Province and it is hereby Enacted by the Authority of the same, That a Precinct be erected at New River, by the Name of Onslow Precinct; and that the said Precinct be Bounded to the Northward by Whiteoak River, from the Mouth to the Head thereof; and to the Southward, by a creek that comes out of the Sound, and comes across New River Road, called the Bay Swamp, or Beasley's Creek.

III. And be it further Enacted by the Authority aforesaid, That the upper Part of the Northwest River be erected into a Precinct, by the Name of Bladen Precinct; and that the said Precinct be bounded to the Southward as follows, viz., Beginning at the Mouth of Livingston's Creek, and bounded by the said Creek to the head thereof; and then, by a Line West, to the Bounds of the Government; and that the said Precinct be Bounded to the Northward by Black River, as follows: viz., Beginning at the Mouth of the said River, and bounded by the Main River up to the Fork, and that then the Westermost Branch be the Bounds to the Head thereof.

IV. And be it further Enacted by the Authority aforesaid, That the said Precinct of Onslow be a distinct Parish, by the Name of St. John's Parish, and shall have all the Rights and Privileges that any other Parish in this Government now holds or enjoys.

VI. And be it further Enacted by the Authority aforesaid, That each of the above said Precincts are hereby invested with the same Powers and Privileges, as any other of the Southern Precincts have and enjoy.

VII. And be it further Enacted by the Authority aforesaid, That the Justices of the aforesaid Precincts shall have full Power and Authority to appoint a Place for a Church, Court-house, and Prison, and to Tax all taxable Persons in the said Precincts, for raising a Sum of Money sufficient to defray the Charges of the above Public Buildings, pursuant to an Act, intituled, an Act for settling Precinct Courts and Court-houses.

VIII. And whereas there hath been several Courts held in the Precinct of Onslow, by a Commission from the late Governor, George Burrington, Esq.; therefore, Be it Enacted by the Authority aforesaid, That all Proceedings of that Court (saving the Right of Appeal), are hereby declared good and valid.

IX. And be it further Enacted, by the Authority aforesaid, That the Precinct of Bladen is hereby erected into a Parish by the Name of St. Martin's Parish: But whereas the said Parish is in Arrear of Parish Money to the Vestry and Church Wardens of St. James's Parish; to which they formerly belonged; therefore, It is hereby Enacted, That the Arrear aforesaid shall be paid to the Vestry or Church Wardens of St. James's Parish: And if any Person shall neglect or refuse to pay the same, it shall and may be lawful for the Vestry or Church Wardens to take such Ways and Means to recover the same as the Laws of this Province direct them to have, within the Parish of which they are the Vestry and Church Wardens.

-------------------- page 121 --------------------
CHAPTER IX.
An Act for granting to His Majesty the Sum of Fourteen Thousand One Hundred and Fifty Pounds Three Shillings and Two Pence, for the Service of the Public of this Province, and for laying a Tax on the Inhabitants of the same for the Payment thereof; and for Stamping the Sum of Ten Thousand Pounds, Bills of Credit for the more immediate Discharge of Part thereof. Obs.

(Omitted.)

Signed by,
GABRIEL JOHNSTON, ESQ., Governor,
William Smith, President.
WILLIAM DOWNING, Speaker.