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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1739
North Carolina. General Assembly
March 07, 1739 - March 08, 1739
Volume 23, Pages 129-130

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LAWS OF NORTH CAROLINA, 1738.

At a General Assembly, held at New Bern, the Eighth Day of March, in the Year of our Lord One Thousand Seven Hundred and Thirty Eight. Gabriel Johnston, Esq., Governor.

CHAPTER I.
An Act, to supply the defect of an Act, passed last Session of Assembly, intituled, An Act, for appointing Sheriffs in the Room of Marshaalls of this Province, for Prescribing the Method of appointing them, and for limiting the Time of their Continuance in Office, and directing their Duty therein, and for abolishing the Office of Provost-Marshall of this Province; and for altering the Names of the Precincts into Counties.

I. Whereas by the aforesaid Act of Assembly, it was, among other Things, Enacted, That the Court of every County in this Government, at the first Court that shall be held in each County next after the Ratification of this Act, shall recommend to the Governor of this Province, Three such Justices of the same County Court as they shall think most fit and able, to execute the Office of Sheriff, for their Respective Counties, for the Two next succeeding Years; of which Three Persons so recommended, the Governor shall commissionate such one of them as to him shall seem meet, to execute the said Office: And whereas it was therein further Enacted, That from and after the Twenty Fifth Day of March, in the Year of our Lord One Thousand Seven Hundred and Thirty Nine, the Office of Provost-Marshall of this Province, be abolished and cease, and whereas the Office of Provost-Marshall will cease a considerable Time before Sheriffs can possibly be appointed, according to the Directions of the aforesaid Act, in which Interval of Time no Person or Persons are, by the said Act, authorized to execute the Office of Sheriffs of the respective Counties of this Colony, or any of them, whereby a great Failure of Justice must ensue, unless remedied: for Remedy whereof,

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, And it is hereby Enacted, by the Authority of the same, That the Governor, or Commander in Chief of this Colony, shall and may constitute and appoint Sheriffs, for each and every County within this Government, to execute their several Offices, from and after the aforesaid Twenty Fifth Day of March, in the Year of Our Lord One Thousand Seven Hundred and Thirty Nine, for and during the Term of Two Years, thence next ensuing; and in Case of Death or the Removal out of this Province of any of them, to commissionate others in their Room, to execute the said Office, for and during the Time then in such case unexpired of the said Two Years And such Sheriffs so constituted by the Governor, are hereby authorized to execute their several Offices, in as full and ample Manner, to all Intents and Purposes, as if they were appointed according to the Directions of the aforesaid Act.

III. Provided always, That every Sheriff so appointed, shall give Bond, with sufficient Securities, in the Sum, and in the Manner by the aforesaid

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Act directed, for the faithful Discharge of his said Office; and shall likewise take the Oath of Office therein directed.

IV. And be it Further Enacted, by the Authority aforesaid, That each of the Sheriffs which shall be appointed by the Governor by Virtue of this Act, shall and may execute his Office until he be superceded, according to the directions of the Act of Assembly herein before recited; and likewise, that the several Sheriffs of this Government shall and may take and receive the several Fees by Law appointed for the Provost-Marshall, and shall likewise be intituled to have and receive the Sum of Eight Pounds Proclamation Money, for all Public Services; and likewise, the several sums by Law appointed to Sheriffs, for collecting Public Taxes.

V. And be it Further Enacted, by the Authority aforesaid, That if any Person which shall be appointed by the Governor, by Virtue of this Act, shall refuse to accept the said Office, each Person so refusing, (except such Person as by the aforesaid Act is excepted) shall forfeit and Pay, to the next Person who shall execute the said Office, the Sum of Eight Pounds Proclamation Money; to be recovered and applied in the same Manner as in the before recited Act is directed, in Case of the refusal of a Sheriff so appointed by Virtue thereof.

VI. And be it further Enacted, by the Authority aforesaid, That the several Sheriffs which shall be appointed by the Governor, by Virtue of this Act, shall be liable to all the Penalties in the aforesaid Act mentioned and imposed, for any Misdemeanors which they may have committed in the Execution of their Office; to be recovered and applied as the Forfeitures in the said Act are directed.

VII. And be it further Enacted, by the Authority aforesaid, That from and after the Expiration of the said Two Years Next ensuing the Twenty Fifth Day of March, in the Year of our Lord One Thousand Seven Hundred and Thirty Nine, all Sheriffs of this Government Shall, for ever after, be appointed according to the Directions of the Act of Assembly herein before recited, and not otherwise.

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