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, 1740
North Carolina. General Assembly
July 31, 1740 - August 22, 1740
Volume 23, Pages 136-157

-------------------- page 136 --------------------
LAWS OF NORTH CAROLINA, 1740.

At a General Assembly, held at Edenton, the Twenty First Day of August, in the Year of our Lord One Thousand Seven Hundred and Forty. Gabriel Johnston, Esq., Governor.

CHAPTER I.
An Act, for Confirming Titles to the Town Lands of Edenton, for securing the Priviledges heretofore granted to the said Town, and for further Encouragement and better Regulation thereof.

I. Whereas, Pursuant to the several Acts of Assembly of this Province heretofore passed and Ratified, Four Hundred and Twenty Acres of Land, lying in the Fork of Queen Ann's Creek, in Chowan County, in the Province aforesaid, bounded Eastward, by the Lands of Miles Gales; Northward, by the Lands of William Badham, deceased, and George Lisles; on the Westward, by the Beaver Dam and Creek, and on the Southward, by the Sound, was purchased by the Public, and hath been laid out for a Town, called Edenton, and part thereof divided into Lots of Half Acres, as will more fully appear by the Plan thereof, already laid out, with convenient Streets, Passages, Place for a Church, Governour's House, Court House, Burying Place, Market Place, and Council Room and other Purposes And, by the said Act, were vested, in Fee, in Commissioners or Trustees, to dispose thereof according to the Directions of the said several Acts, many of which Commissioners or Trustees have conveyed Lots or Half Acres to several Persons, who built thereon, and have made a considerable Improvement; and the Residue of the said Four Hundred and Twenty Acres was reserved for a Town Common.

II. And whereas several of the said Acts have been since repealed, expired, or stand suspended, whereby many Inconveniences and Mischiefs, may arise, the Improvement and building of the said Town very much retarded, the Power of the Commissioners and Trustees become dubious, and the Persons Titles to such Lots Precarious: For Remedy whereof, and to Prevent Disputes that may happen, and for the better securing the ancient Priviledges of the said Township, and Regulation thereof.

III. 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 by the Authority of the same, That the said Four Hundred and Twenty Acres, so purchased and laid out for the said Town of Edenton, pursuant to the said Acts of Assembly, and vested in Commissioners or Trustees, according to the said several Acts, such Commissioners or Trustees so invested, are hereby declared to have a good absolute, and indefeasible Estate, in fee, in such Lands respectively, in Trust and Confidence, to and for the uses of the said several Acts, and the Commissioners and Trustees hereafter mentioned, are hereby declared to have a good, absolute, and indefeasible Estate, in Fee, in all such Lands and Lots which have not been disposed of by the former Commissioners or Trustees, but in Trust and Confidence, to and for the Use and Uses hereinafter mentioned relating to the said Town of Edenton, and for no other Use or Purpose whatsoever; and the said Lands and

-------------------- page 137 --------------------
Lots are hereby Confirmed to the said Commissioners or Trustees in Fee, to such Use or Uses, Anything in the Repealing, Expiring, Suspension of any of the said Acts, or any other Law, Statute, Usage, or Custom, to the Contrary, notwithstanding.

IV. And be it further Enacted by the Authority aforesaid, That if any Person or Persons have Purchased and paid for any Lot or Lots, Half Acre or Half Acres of Land in said Town of Edenton, of any of the Commissioners or Trustees, pursuant to the said several Acts, and have fully complied with the Conditions in the said several Acts mentioned, such Person or Persons are hereby declared to be vested with, and to have a Good, absolute, and indefeasible Estate, in Fee, to such Lot or Lots, Half Acre or Half Acres of Land; and the same is hereby confirmed, in fee, to such Person or Persons, and to his, her, and their Heirs and Assigns, forever.

V. And be it further Enacted, by the Authority aforesaid, That the Honourable William Smith, Esq.; John Hodgson, Esq.; Abraham Blackball, Joseph Anderson, and James Craven, Gentlemen, are hereby appointed Commissioners or Trustees, to and for the several Uses and Purposes declared by this Act, and Impowered and invested with all the Priviledges hereafter expressed, forever.

VI. And that the full number of Commissioners may be always kept up, Be it further Enacted, by the Authority aforesaid, That in Case of Death. or Removal out of the County of Chowan, of any of the aforesaid Commissioners or Trustees, at any Time hereafter, the remaining Part of the said Commissioners or Trustees, are hereby authorized and impowered to make Choice of some other Person or Persons, being Freeholders of the said Town to succeed such Commissioner or Commissioners, Trustee or Trustees, so dying or removing as aforesaid; and such Person or Persons so elected or chosen, are hereby invested with as full Power and Authority, to all Intents and Purposes whatsoever, as the aforesaid Commissioners or Trustees now nominated or appointed.

VII. And be it further Enacted, by the Authority aforesaid, That John Hodgson, Esq., one of the Commissioners or Trustees as aforesaid; shall be appointed present Treasurer and Receiver of all Monies arising by Virtue of this Act; and on his Death or Removal out of the County of Chowan, then the First Commissioner shall succeed and be Treasurer, first giving Security, to the Justices of the County Court of Chowan, for the just Performance of the said Trust.

VIII. And be it further Enacted, by the Authority aforesaid, That the Lots of Half an Acre each, or thereabouts, not taken up and disposed of, be disposed of by the Commissioners or Trustees aforesaid, as hereafter in this Act is directed.

IX. And be it further Enacted, by the Authority aforesaid, That the Places already laid out, as by the Plan of the said Town may more fully appear, for Streets, Passages, Church, Governour's House, Court House, Burying Place, Market Place, Prison, Council Room, and Town Common, be reserved for those Uses, and no other.

X. And be it further Enacted, by the Authority aforesaid, That every Person whatsoever who is desirous to be an Inhabitant of the said Town, shall have Free Liberty to take up any Lot or Lots, already laid out and not before taken up; which Lot or Lots the Commissioners or Trustees aforesaid, or any Three of them, whereof the Treasurer to be one, are hereby required, directed, and impowered, to grant, convey, and acknowledge, to the Person or Persons so taking up the same, and to his and their Heirs and

-------------------- page 138 --------------------
Assigns, for ever, in Fee simple, for the consideration of Ten Shillings Proclamation Money, for each and every Lot by them so granted; which shall be appropriated as by this Act hereafter is directed.

XI. Provided always, That if any Person or Persons whatsoever, shall take up and purchase any Lot or Lots, as in Manner before directed, and shall not build, or cause to be built thereon, for each and every Lot or Lots so taken up and purchased, within Two Years after the Date of the said Conveyance, a good, substantial, Brick, Stone, or framed Habitable House, not of less Dimensions than Twenty Feet long, Fifteen Feet in Width, and Eight Feet in Height, between the first floor and the Joists, or in Proportion for each and every Lot or Lots, or make such Preparation for so doing as the Commissioners, or the Majority of them, shall judge reasonable to secure the same, every such Conveyance shall be, and is hereby declared void and of none effect, as if the same had never been made; and that the same Lots be free and clear for any other Person to take up and purchase, as in Manner before directed.

XII. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for any Person, who is Owner of a Front Lot or Lots, to erect or build a Ware House, Store House, Wharfs, or other Conveniences, for their Landing and Storing of Goods, on any Part of the Land fronting their own Lot or Lots, and as far out into the Water as he or they shall think proper, not going further than the Edge of the Channel, paying for the same, to the aforesaid Commissioners or Trustees, for each and every Front Lot, Five Shillings Proclamation Money; to be appropriated as by this Act is hereafter directed; which Commissioners or Trustees are hereby impowered to make him, her, or them, Grants or Conveyances, in Fee simple for the same: And in Case the Owner or Proprietor of any Front Lot or Lots shall not, within Six Months after Notice given by any Person, purchase or take up his or her Front, and likewise shall not within two Years after the purchase thereof, secure the Front Street Fifty Feet from the Waters Encroachments, that it shall and may be lawful for any Person to take up the same, under the Conditions aforementioned.

XIII. And be it further Enacted, by the Authority aforesaid, That if any Person, after the First Day of May next, shall erect, repair, or cause to be erected or repaired any Wooden Chimney within the said Town, such Person so offending, shall forfeit and pay, for each and every offence, the Sum of Ten Pounds Proclamation Money; to be recovered and appropriated as hereafter by this Act is directed.

XIV. And be it further Enacted, by the Authority aforesaid, That the Commissioners or Trustees as aforesaid, or any Three of them, shall within Six Months after the Ratification of this Act, meet and lay a Tax on each and every Person, according to the Number of his or her Lot or Lots, Half Acre or Half Acres of Land, by him or them held within the said Town (Fronts excepted), sufficient to raise a Fence round the said Town, and Town Common, as the Commissioners or Trustees aforesaid, or any Three of them, shall think sufficient, so as the said Fence be compleated within Eighteen Months after the Ratification of this Act; under the Penalty of Five Pounds Proclamation Money, on each and every Commissioner: And in Case any Person or Persons shall neglect or refuse to pay, on Demand, his or her Tax so laid by the aforesaid Commissioners or Trustees, by Virtue of this Act, such Person or Persons so Offending, shall forfeit and pay the Sum of Two Shillings and Six Pence Proclamation Money, over and above the said Tax,

-------------------- page 139 --------------------
for each and every Lot he or she hath a Conveyance for; to be recovered and appropriated as hereafter in this Act is directed.

XV. And be it further Enacted, by the Authority aforesaid, That if any evil minded Person shall, in the Night, or at any Time or Times, whatsoever, pull down the said Town Fence, or any Part thereof, in Order to let in any Person's Hogs, Cattle, or Horses, within the said Town Inclosure, or shall otherwise drive pigs, Cattle or Horses, into or out of the said Town, such Person so offending shall forfeit and pay, for each and every Offence, the Sum of Ten Pounds Proclamation Money; to be recovered and appropriated as by this Act is hereafter directed.

XVI. And be it further Enacted, by the Authority aforesaid, That each and every Person or Persons, possessed of any Lot or Lots in the said Town, or hereafter shall be possessed, and not yet cleared, shall, in the Space of Three Months after the passing of this Act, or within Three Months after, he, she, or they shall have purchased any Lot or Lots, cut down all the Wood and Brush-wood in the same, and, once in each Year, do the like; and in Case of Neglect or Refusal of any Possessor or Possessors of a Lot or Lots to perform the same, in Manner aforesaid, such Possessor shall forfeit and pay, for each and every offence, the Sum of Five Shillings Proclamation Money, for each and every Lot he, she, or they, shall have a Conveyance for, to be recovered and appropriated as in this Act is hereafter directed.

XVII. And be it further Enacted, by the Authority aforesaid, That from and after the Time the aforesaid Fence shall be compleated, it shall and may be lawful for any Person to take up and pound any Hog, Shoat, or Pig, that shall be found ranging at large in the said Town, so long as the said Fence shall be kept in good Repair: And such Hogs, Shoats or Pigs, so taken up and pounded, shall be sold at Vandue, and the Money arising by such Sale given to the Poor residing in the said Town, by the Commissioners or Trustees aforesaid: and for preventing Annoyances and Nusances in the said Town.

XVIII. Be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall throw out, or lay in any Street, or upon any Public place in the said Town, any Dirt, Rubbish, Dust or Mortar, except such Person or Persons who are building or Repairing a House or Houses in the said Town, during the Time they are building or repairing such House or Houses, such Person or Persons so offending shall forfeit and pay to the aforesaid Commissioners or Trustees, for each and every Offence, the Sum of Ten Shillings Proclamation Money; to be recovered and Appropriated as in this Act is hereafter directed: And if any such Offence is committed by any Servant or Slave, such Servant or Slave shall be punished by Whipping, not exceeding Thirty Lashes, at the Direction of any Three of the Commissioners.

XIX. And be it further Enacted, by the Authority aforesaid, That as often a Overseer of the said Town shall summon the Male Tithables thereof to work on the Roads or Streets, he shall have full Power to direct the said Tithables to clear the Roads, Streets, and Public Places, of all Woods, Weeds, Rubbish, and other Nusances; and if any Person shall refuse to observe the Overseer's Directions therein, he shall forfeit and pay, for each and every Offence, the Sum of Ten Shillings Proclamation Money; to be recovered and appropriated as hereinafter is directed; and if the Person refusing be a Servant or Slave, the Master or Mistress of such Servant or Slave is hereby made liable to pay the same.

XX. And be it further Enacted, by the Authority aforesaid, That the

-------------------- page 140 --------------------
Commissioners or Trustees shall lay out, or cause to be laid out, within Six Months after the Ratification of this Act, the several Streets and Passages of the said Town, as described in the Plan thereof, and shall fix and put up good Posts to ascertain the Bounds of the several Streets of the said Town and for the Expence and Trouble of the said Commissioners or Trustees in the Service of the aforesaid, they shall be paid out of the Fines and Forfeitures arising by Virtue of this Act.

XXI. And be it further Enacted, by the Authority aforesaid, That the Right and Privilege of Electing a Representative for the said Town of Edenton, to sit in the General Assembly, be, and is hereby confirmed, that the Freeholders of the said Town shall, forever, have liberty, at all Times hereafter, to elect and choose a Member to sit in General Assembly; and a Writ of Election shall issue, to the Inhabitants of the said Town, to choose a Member to represent them in the said Assembly, at such Times, and in the same Manner, as the said Writs are issued for choosing Representatives for the several Counties in this Province to sit in the General Assembly.

XXII. And be it further Enacted, by the Authority aforesaid, That no Person, for the future, shall be deemed or taken to be qualified for a Representative for the said Town, except he has been Owner of one saved Lot in his own Right, in the said Town, at least one Year before he is chosen; any Thing in any Act to the contrary, notwithstanding.

XXIII. And be it further Enacted, by the Authority aforesaid, That no Person shall be deemed or taken to be qualified to give his Vote for a Representative for the said Town, to sit in General Assembly except he has been Owner of One saved Lot at least Six Months before such Election.

XXIV. And be it further Enacted, by the Authority aforesaid, That the Treasurer of the said Town, from and after the Ratification of this Act, shall be obliged to keep his Office, and a Plan of the Town, in the said Town, under the Penalty of One Pound Proclamation Money, for each and every month he shall neglect or refuse to do the same, to be recovered and appropriated as by this Act is hereafter directed.

XXV. And be it further Enacted, by the Authority aforesaid, That all Fines and Forfeitures in this Act mentioned, not exceeding Twenty Shillings Proclamation Money, shall be recovered by a Warrant from under the Hands and Seals of any Three of the aforesaid Commissioners or Trustees; and all Fines, above Twenty Shillings Proclamation Money, shall be recovered, in any Court of Record in this Province, by Action of Debt, Bill, Plaint, or Information; wherein no Essoign, Injunction, or Wager of Law shall be allowed or admitted of; any Law, Usage or Custom to the contrary notwithstanding; Which Fines and Forfeitures may be discharged in Commodities, as rated in the Act intituled, An Act for the finishing the Church at Edenton.

XXVI. And be it further Enacted, by the Authority aforesaid, That all the Money arising by the Sale of Lots in the said Town, as also all Fines and Forfeitures in this Act mentioned, after the Commissioners' or Trustees' reasonable Charges and Expenses for their several Services are deducted, shall be appropriated, laid out, and applied, to such Use or Uses as the Commissioner or Trustees, or any Three of Them, shall think convenient, for the better Encouragement of the said Town.

XXVII. And be it further Enacted, by the Authority aforesaid, That an Act, passed in the Year One Thousand Seven Hundred and Thirty Eight, intituled an Act for Encouragement and better Regulation of the Town of Edenton, and every Clause, Matter, and thing therein contained, shall be,

-------------------- page 141 --------------------
and is hereby Repealed and made null and void, to all Intents and Purposes whatsoever.

CHAPTER II.
An Act to enable the Commissioners herein after appointed, to erect and finish a Church in New Bern, in Craven County and Parish, in the Province aforesaid, and for the better Regulating the said Town; and other Purposes therein mentioned.

1. Whereas the late Vestry of Craven Parish, in the Year One Thousand Seven Hundred and Thirty Nine, laid a Levy on all and every the Tithables in the said Parish, for and towards the building a Church in the Town of New Bern, in the aforesaid Parish, and appointed Commissioners to manage and carry on the same, and to apply the said Levy to the Purpose aforesaid; which Commissioners have made One Hundred Thousand Bricks, and have been at other Expences towards building the said Church, but the said Levy not amounting to a sufficient Sum to compleat the same, and the present Vestry neglecting to lay a further Levy on the Tithable Inhabitants of the said Parish, for the finishing of the said Church.

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 a Tax of One Shilling and Six Pence Proclamation Money, for Two Years, next ensuing the Ratification of this Act, be laid, and it is hereby laid, on each and every Tithable Person within the said Parish of Craven, to defray the Expence and Charge of building and compleating the said Church, to be paid Yearly, in such Commodities as are hereafter rated, viz. Pork, good and merchantable, dry salted, per Barrel, Thirty Shillings Proclamation Money; Beef, dry salted, per Barrel, good and merchantable, Twenty Shillings; drest Deer Skins, Two Shillings and Six Pence per Pound; Tallow, Four Pence per Pound; Bees Wax, Ten Pence Half Penny per Pound; Rice, per Hundred, Ten Shillings; to be paid at such Times and Places as are directed for the Receipt of his Majesty's Quit-Rents, in and by an Act intituled an Act for providing his Majesty a Rent-Roll, for securing his Majesty's Quit-Rents, for the Remission of Arrears of Quit-Rents, and for quieting the Inhabitants in their Possessions, which said Tax shall be collected Annually and received by John Bryan, Gentleman, he first giving Security, in the Sum of Four Hundred Pounds, Proclamation Money, to the Justices of the County Court of Craven, for the Faithful Discharge and Payment of the same, who shall be allowed Four per Cent. for attending, receiving and paying thereof; and that upon Receipt of any Commodity or Commodities, Sum or Sums of Money, for the Use aforesaid, the same shall be by him paid to the Commissioners, or the Majority of them, or their Order, for the Use aforesaid.

III. And be it further Enacted by the Authority aforesaid, That each Inhabitant of the said Parish, who shall not pay or cause to be paid, the Tax herein before mentioned, at the Times and Places aforesaid, to the said John Bryan, as in and by this Act is directed, such Person or Persons so failing shall, for each default, forfeit and pay the Sum of Four Shillings, Proclamation Money, for each Tithable for which he ought to have paid the said Tax, besides Costs; to be levied by a Warrant from under the

-------------------- page 142 --------------------
Hand and Seal of one or more of the Justices of the Peace of the County aforesaid, upon the Goods and Chattels of the Delinquent: Which Forfeiture or Forfeitures shall be paid to the said John Bryan, or any other person appointed by the said Commissioners or the Major part of them, and by them applied towards the building of the said church.

IV. And be it further Enacted by the Authority aforesaid, That George Roberts, William Wilson, George Bold, William Herritage, and Adam Moor, Gentlemen, are hereby appointed Commissioners to receive the said Levies from the said John Bryan, when by him received and collected, and to contract and agree with fit and proper persons for the building and compleating the said Church, in a neat and Workman-like manner: And the said John Bryan shall, and is hereby directed, to account with the Commissioners aforesaid, when required, for the several Commodities and Sums by him collected and received, in Manner aforesaid.

V. And be it further Enacted by the Authority aforesaid, That any Person or Persons who shall subscribe any Sum or Sums of Money, for and towards the building the Aforesaid Church, and shall afterwards refuse payment of the said Sum or Sums mentioned to be paid by such subscription, such Person or Persons shall be liable for the same, and the Commissioners or the major Part of them, for the Time being, are hereby authorized to sue for the same, in the same Manner as any Person may be sued, for Non-payment of Money due by a Promisory Note.

VI. And whereas the late Vestry of Craven Parish laid a Levy in the Year One Thousand Seven Hundred and Thirty Nine, on all the Tithables in the said Parish, towards building and compleating the said Church; which said Levy is found insufficient to carry on and compleat the said work, a considerable Part whereof is yet unpaid and uncollected:

VII. Be it therefore further Enacted, by the Authority of the aforesaid, that the following Persons who have not already paid the said Tax or Levy, are hereby commanded and required to pay the said Levy in current Bills, as laid by the said Vestry, in the same Manner, and at the same Time and Places, and to the same Person as before mentioned, and under the same penalties as in and by this Act is before directed.

VIII. And be it further Enacted by the Authority aforesaid, that all Persons who have been heretofore Church wardens, or that now are Church wardens, or that have heretofore been Commissioners, and all Persons whatsoever who have any Parish Money in their Hands for the Use aforesaid, do forthwith, after the Ratification of this Act, account with the Commissioners aforesaid, or the Majority of them, and to pay them or their Order on Demand, all and every such Sum or Sums of Money, that shall appear to be due, owing, and in Arrears, under the Penalty of Ten Pounds Proclamation Money, over and above the Sum due, owing, and in Arrears, to the Parish aforesaid, to be recovered, by Action of Debt, Bill, Plaint, or Information, in the General or County Court.

IX. And be it further Enacted by the Authority aforesaid, That on the Death or Removal out of the County aforesaid, of any of the aforesaid Commissioners, the Majority of the said Commissioners are hereby Authorized and impowered to appoint a proper Person or Persons, who shall be deemed duly qualified to act in his or their Room and Stead.

X. And whereas there has been great Differences and Disputes about the Bounds and Limits of the said Town of New Bern, which hereafter may be of pernicious Consequence to the Freeholders of the said Town, as well as a Discouragement for others to settle therein.

XI. Be it therefore further Enacted, by the Authority aforesaid, that

-------------------- page 143 --------------------
the Justices of the Court of Craven County, at the Court to be held for the said County next after the Ratification of this Act, or at any other subsequent Court, shall, and they are hereby required to appoint a Day, whereon the Freeholders of the said Town, shall meet at the Court House in the said Town, and whereof the said Freeholders shall have Notice, and with a sworn Surveyor for that purpose, by the said Court appointed, shall admeasure and lay out the Metes and Bounds of the said Town, pursuant to an Act of the General Assembly of this Province, intituled, An Act for the better settling the Town of New Bern, in the Precinct of Craven, and shall lay out the Streets, and affix Marks, at the Corners of each and every Lot already taken up and saved at the joint Cost and Charge of the Freeholders of the said Town, which Charge shall be Assessed by the President or Chairman of the said Court, with two other of the Justices of the Peace of the said County and two Freeholders, to be appointed by the Court next succeeding such admeasurement, laying out, and marking of the said Streets and lots, or any other subsequent Court, and shall be paid by the Freeholders of the said Town respectively, in proportion to the number of the saved Lots, that he, she, or they, shall hold in the said Town, to the said Justices, to defray the said Charge of admeasuring, laying out, and marking, as aforesaid: and on default or Non-payment, of their respective proportion of the Charge so assessed, within Ten Days after such Assessment and Demand of the same, the said Assessment shall be Levied by a Warrant from any one Justice for the said County, upon the Goods and Chattels of such Delinquent or Delinquents, and sold at Vandue, Five Days after such Distress, rendering the overplus, if any, Charges first deducted, to the owner.

XII. And whereas in and by the aforesaid Act of Assembly, there was a Lot laid out in the said Town for a Church, which said Lot being insufficient, and not so commodious for the said use, and all the adjacent Lots being taken up and saved, wherefore the said Vestry have taken up Four Lots, more convenient and commodious, for erecting a Church, and for a Church-yard, and other Parish Uses.

XIII. Be it therefore Enacted, by the Authority aforesaid, that as soon as the said Church shall be fit to celebrate Divine Service in, the said Four Lots shall be saved, to the Parish for the Purposes aforementioned, in as full and ample a Manner as if the said Parish had erected a House on each of the said Lots, of the Quality and Dimensions prescribed by the said Act for saving Lots in the said Town.

XIV. And be it further Enacted, by the Authority aforesaid, That the Commissioners aforesaid, are hereby impowered and directed, to make sale and dispose of the above mentioned Lots, at Public Vandue, after Four Days' notice given, and to apply the Money arising from such Sale, towards the building of the said Church: Any Law to the contrary, in any wise, notwithstanding.

CHAPTER III.
An Act to enable the Commissioners herein after mentioned, to finish the Church already begun at Edenton.

I. Whereas several well disposed Persons have voluntarily subscribed, and contributed several Sums of Money, to build and erect a Church in Edenton, for the advancement of Religion, and thereby appointed several Commisioners, to manage and carry on the same, and to apply such Charitable

-------------------- page 144 --------------------
subscriptions and Contributions to that Purpose; Which said Commissioners have carried on, and, in Part, built the same; but some of the Commissioners being Dead, and there not being a sufficient Sum raised to compleat the said Work, and the Vestry of the Parish refusing to assist therein, the said building may become ruinous, and all the Money already expended will thereby be lost, to the great Discouragement of Religion and of such Good and pious intentions: Therefore, to prevent the same, and to promote so laudable a Work, and in order to raise a sufficient Fund for finishing the said Church:

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 a Tax of Two Shillings, Proclamation Money, for Two Years next ensuing, be laid on each and every Tithable Person within the said Parish, or County of Chowan, to defray the Expence and Charge of Compleating and finishing the said Church; to be paid Yearly, in such Commodities as are hereafter rated, viz., Tobacco, at Ten Shillings per Hundred; Bees-wax, at Ten Pence Half Penny per pound; Tallow, at Four Pence per Pound; Pork, good and merchantable, at Thirty Shillings per Barrel, not less than Two Hundred and Twenty Weight in each Barrel; or if in Current Bills, at Seven and a Half for One, in Lieu of Proclamation Money; to be paid at such Times and Places, and in such Manner, as in and by an Act, intituled, an Act for providing his Majesty a Rent-Roll, for securing his Majesty's Quit-Rents, for the Remission of Arrears of Quit-Rents, and for quieting the Inhabitants in their Possessions, is directed; Which said Tax shall be Annually received by William Luten, Gentleman, he first giving security, in the Sum of Six Hundred Pounds, Proclamation Money, to the Justices of the County Court, for the Faithful Discharge and Payment of the same, who shall be allowed Four per Cent for attending, receiving and paying the same, and that upon Receipt of any Commodity or Commodities, Sum or Sums of Money, for the Use aforesaid, the same shall be by him paid to the Commissioners, or the Majority of them, or their Order, for the Use of the said Church.

III. And be it further Enacted, by the Authority aforesaid, That each Inhabitant in the said Parish, who shall not pay, or caused to be paid, each and every Year, the Tax hereinbefore mentioned, at the Times and Places aforesaid, to the said William Luten, as in and by this Act they are directed; such Person so failing shall, for each Default, forfeit and pay the Sum of Four Shillings, Proclamation Money per Tithable, besides Costs; to be levied by a Warrant from under the Hand of one or more Justices of the Peace of the County aforesaid, upon the Goods and Chattels of the Delinquent: Which Forfeiture shall be paid to the said William Luten, or any other Persons appointed by the said Commissioners for that Purpose, and by them to be applied towards the building and compleating of the said Church.

IV. And be it further Enacted by the Authority aforesaid, That all Persons who have subscribed, or shall hereafter subscribe, to pay any Sum or Sums of Money, for and towards the building the aforesaid Church, and refuse payment of the said Sum or Sums mentioned to be paid by such Subscription, such Person or Persons shall be liable for the same, and may be sued by the Commissioners aforesaid, or the Survivors of them, in the same Manner as any Person may be sued for Non-Payment of Money on a Promisory Note: And that the said Commissioner also have full Power and

-------------------- page 145 --------------------
Authority to demand and receive of all Persons whatsoever, that have any Money in their Hands which was formerly raised, given, or contributed, for and towards the use of the said Church, and in Case of Refusal or Non-Payment of the same, to bring Action or Actions, in their own Name, for Recovery thereof.

V. And be it further Enacted, by the Authority aforesaid, That the Honourable William Smith, Esqr., John Montgomery, and John Hodgson, John Blount, John Benbury, Abraham Blacknall, and James Craven, Gentlemen, are hereby appointed Commissioners to receive the said levies from the said William Luten when received and collected; and to contract and agree with fit and proper Persons for finishing the said Church, in a neat and Workman-like manner, as begun: And the said William Luten shall, and he is hereby directed, to account with the Commissioners aforesaid, when called upon and required, for the several Commodities and Sums by him collected and received.

VI. And whereas the Vestry of the Parish of Chowan, in the Year One Thousand Seven Hundred and Thirty six, laid a Levy of Twenty Shillings per Tithable, and in the Year One Thousand Seven Hundred and Thirty Seven, laid another Levy of Ten Shillings per Tithable, in Current Bills, towards building the said Church, a considerable Part of which is yet unpaid and uncollected.

VII. Be it therefore Enacted, and it is hereby Enacted, by the Authority aforesaid, That the several Persons who have not already paid the said Taxes, are hereby required and commanded to pay the same, in Current Bills, as laid by the said Vestries, or in Lieu thereof, in Commodities aforesaid, in the same Manner, and at the same Times and Places, and to the same Person, as before mentioned, and under the same Penalties as in and by this Act is before directed.

VIII. And be it further Enacted, by the Authority aforesaid, That all Persons who have been heretofore Church wardens or Commissioners, as also all other Persons whatsoever, who have any Parish or Subscription Money in their Hands, unpaid or unaccounted for, do forthwith, after the Ratification of this Act, account with the Commissioners aforesaid, and pay to them, or their Order, on Demand, all such Sum and Sums of Money, which shall appear to be due, owing, and in Arrear, under the Penalty of ten Pounds Proclamation Money, over and above the Sum so due and in Arrear, to the Parish aforesaid; to be recovered by action of Debt, Bill, Plaint, or Information, in the General or County Court.

IX. And be it further Enacted, by the Authority aforesaid, That on the Death or Removal out of the County aforesaid of the said William Luten, or any of the aforesaid Commissioners, that the Majority of the Commissioners are hereby impowered and authorized to make Choice of a proper Person or Persons who shall be deemed duly Qualified to act in his or their Room and Stead.

X. And be it further Enacted, by the Authority aforesaid, That when the said Church shall be fit to celebrate Divine Service in, all Meetings of Vestries for the said Parish, being first duly summoned, shall be held at the said Church, and at no other Place in the said Parish, under the Penalty of Ten Shillings, Proclamation Money, besides Costs, for each and every Vestryman so refusing or neglecting; to be levied by a Warrant from under the Hand of one or more Justices of the Peace of the County of Chowan, upon the Goods and Chattels of each and every Vestryman so offending, to be by the said Commissioners applied to and for the Use of the said Church.

-------------------- page 146 --------------------
CHAPTER IV.
An Act for the better Regulation of the Town called Wilmington, in New Hanover County; and to establish the Church of the Parish of St. James, to be built in the said Town.

I. Whereas it is found, by Experience, that the erecting of a Village formerly called Newton, into a Town and Township, by the Name of Wilmington, has greatly promoted the Trade and Interest, and contributed to the Ease and Convenience of the Inhabitants of the Counties of New Hanover, Bladen, and Onslow: And whereas several Disputes have arisen about the Validity of an Act of Assembly intituled an Act for erecting the Village called Newton, in New Hanover County, into a Town and Township, by the Name of Wilmington, and for regulating and ascertaining the Bounds thereof, which was ratified by the Governor in the last Session of the General Assembly, held at New Bern, which Disputes have raised Doubts, and much perplexed the minds of of the Inhabitants of the said County of New Hanover: For removing of Which, and for Quieting the Minds of the said Inhabitants, and for the further and better Encouragement and Regulation of the said Town.

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 every Act, Matter and Thing, done, acted, and performed by the Inhabitants of the said Town, or by the Justices and Freemen of New Hanover County, or by the Church wardens and Vestrymen of the said County, and every of them, shall be deemed valid and good, notwithstanding any real or pretended Defect in the Manner of passing the said Act; and that by Reason of the Removal of the County Court of New Hanover from a Village called Brunswick, in that County, to the said Town of Wilmington, no Cause, Suit, Plaint or other Matter, of what Nature or Kind soever, which was or is depending in the said Court, shall be deemed or held to be discontinued or abated; but on the contrary, the Justices of the said Court shall proceed, and have Jurisdiction, to try and determine the same, at the said Town of Wilmington.

III. And be it further Enacted, by the Authority aforesaid, That the Burgess elected by the Inhabitants of the said Town, by Virtue of the said Act, shall be deemed to be duly Elected, and qualified to sit and vote in the General Assembly of this Province, so long as this present General Assembly shall continue.

IV. And be it further Enacted, by the authority aforesaid, That the Court of New Hanover County, and the Election of the Representatives for the said County, to sit and vote in the General Assembly, and the Election of Vestrymen for the Parish of St. James, in the said County, and all other Public Elections for the said County of New Hanover, for the said Parish called St. James Parish, and for the said Town of Wilmington, and every of them, of what nature or kind soever, shall be held and made in the said Town of Wilmington, and at no other place whatsoever.

V. And be it further Enacted by the Authority aforesaid, That each and every Clause of an Act intituled An Act for Regulating Vestries in this Government, and for the better inspecting the Vestrymen and Church wardens accounts of each and every Parish in this Government, passed in the Year One Thousand Seven Hundred and Twenty Nine, or any other Act or Clause of an Act of this Province whatsoever, which directs the Courts and Elections of the said County, and the Church, Court-house and Gaol of the said County

-------------------- page 147 --------------------
of New Hanover, and St. James's Parish, to be held and built at a Place called Brunswick, be and is hereby repealed.

VI. And be it further Enacted, by the Authority aforesaid, That the Inhabitants of the said Town of Wilmington, and the County adjacent, qualified, according to the Directions of this Act, shall, forever, have the Privilege of sending a Burgess to the General Assembly of this Province, therein to consult and vote, in as ample Manner as any Representative of any County or Town of this Province.

VII. And for ascertaining the Method of chusing the Burgesses or Representatives of the said Town, Be it Enacted, by the Authority aforesaid, That every Man who shall be a Tenant of a Brick, Stone, or framed habitable House, of the Length of Twenty Feet, and Sixteen Feet Broad, within the Bounds of the said Town, who, on the Day of the Election, inhabits, and for Three months next before, inhabited such House, shall have a vote in Electing the Representative of the said Town, to be sent to the General Assembly; and in Case there shall be no Tenant of such House qualified to vote as aforesaid, that then, and in that Case, the Person truly and bona fide seized of such House, in his own right, either in Fee Simple, Fee Tail, or for Term of Life, shall be intituled to a Vote for the said Representative.

VIII. And be it further Enacted, by the Authority aforesaid, That every man who, on the Day of Election, and for Three Months next before, shall be an Inhabitant of a Brick House, of the Length of Thirty Feet, and Sixteen Feet Broad, between the Bounds of the said Town, upwards, and Smith Creek, and within One Hundred and Twenty Poles to Cape Fear River, shall be intituled to have a vote in the Election of the Representative of the said Town of Wilmington (unless such Inhabitant be a Servant), and shall enjoy all the Rights and Privileges, and Immunities, that any Inhabitant within the said Town shall be intituled to, by Virtue of this Act.

IX. And be it further Enacted, by the Authority aforesaid, that no Person shall be deemed qualified to be a Representative of the said Town, to sit and vote in the General Assembly, unless on the Day of Election, he be, and for Three Months next before, was truly and bona fide seized, in his own Right, in Fee-Simple, or for Term of Life, of a Brick, Stone or framed habitable House, within the Bounds of the said Town, with one or more Brick Chimney or Chimneys, or of a Brick House, of the Length of Thirty Feet, and Sixteen Feet broad, between the Bounds of the said Town, upwards, and Smith Creek, and within One Hundred and Twenty Poles of Cape Fear River.

X. And whereas the Town of Wilmington, by Reason of its Situation and Navigation, is the most central and convenient Place within the District of Port Brunswick, both for Exportation and Importation of Goods.

XI. Be it therefore Enacted by the Authority aforesaid, That the Collector of his Majesty's Customs, and the Naval Officer of Port Brunswick, shall always keep and execute their Respective Offices in the said Town of Wilmington, until his Majesty shall be pleased to give his Directions to the contrary; and likewise, that the Clerk of the County Court of New Hanover, and the Register of the Conveyances of the said County, shall, forever, hold and execute their respective Offices in the said Town of Wilmington: And that if any of the said Officers neglect or refuse to do, each of them so neglecting or refusing shall, for every Week he shall be a Delinquent, forfeit and pay the Sum of Thirty Shillings, Proclamation Money; to be recovered by any Person who shall sue for the same, in the County Court of New Hanover, by Action of Debt, Bill, Plaint or Information, One Half to such Prosecutor, and the other Half for the Commissioners, who

-------------------- page 148 --------------------
are or shall be appointed for regulating the said Town; to be applied for the benefit of the said Town.

XII. And be it further Enacted, by the Authority aforesaid, That the Church of the Parish of St. James, in New Hanover County, shall be built in the said Town of Wilmington; and all Sums of Money already raised, or which shall be hereafter raised, by Levies, on the Inhabitants of the said Parish, for building a Parish Church, shall be employed to build a Parish Church in the said Town.

XIII. And for the better regulating the said Town of Wilmington, Be it further Enacted, by the Authority aforesaid, That until Commissioners shall be elected and appointed, as herein after directed, Robert Halton, James Murray, Samuel Woodard, Richard Eagles, John Porter, William Faris, and Robert Walker, Esqrs., are hereby established, appointed, and continued Commissioners for the said Town; and the said Commissioners, or a Majority of them, shall have and be invested with all the Powers and Authorities within the Bounds of the said Town of Wilmington (except as to the selling any Lot or Lots in the said Town), in as full and ample Manner as the Commissioners for the Town of Edenton have and possess, by Virtue of any Law heretofore passed.

XIV. And be it further Enacted, by the authority aforesaid, That the Inhabitants of the said Town, and Parts adjacent, qualified to vote for the Representative of the said Town, shall, on the First Tuesday in April next, after the passing of this Act, and on the said Day in each and every Year after, assemble in the Court-house in the said Town, and shall then and there, in the Presence of any Person that they the Inhabitants and Electors, or the Majority of them, shall appoint to take the Poll, elect Five Men, out of which Number the Governor or Commander in Chief for the Time being is hereby impowered to appoint Three Commissioners; and the said Three Commissioners so elected and appointed, or the Majority of them, shall be invested with the same Powers and Authorities of the Seven Commissioners before nominated.

XV. Provided always, That nothing in this Act, or any other Act, shall be taken or construed, to be a Power given to the said Commissioners, to grant, sell, or dispose of Lots, or any Parcel of Land, within the Bounds of the said Town of Wilmington.

XVI. And be it further Enacted, by the Authority aforesaid, That the Two Taxes of Five Shillings, Current Bills, per Poll, which were laid on the Inhabitants of the said County of New Hanover, by the Justices of the said County, at the Court held at Brunswick, on the Eleventh Day of December last, to be levied by the Sheriff between the First Day of January, and the First Day of March, in the Years One Thousand Seven Hundred and Thirty Nine, and One Thousand Seven Hundred and Forty, Five Shillings per Poll, in each Year, in Order to build a Court-house and Gaol for the said County, at Brunswick, shall be, and are hereby appropriated for building a Gaol in the said Town of Wilmington, and towards finishing the Court-house already begun in the said Town, and that the Orders which the Justices of the said County have made, and shall make, for the compleat levying the said Taxes, for the Payment and Application of the same, according to the Intent and Meaning of this Act, shall be binding on all and every Person and Persons concerned.

XVII. And be it further Enacted, That the Bounds of the Town of Wilmington shall be, and are circumscribed in Manner following; that is to say, To the Northward, by the Lands of his Excellency the Governor, upwards, and below to the Southward, by the Lands of Michael Dyer, to the

-------------------- page 149 --------------------
westward by the Northwest Branch of Cape Fear River, and to the Eastward, by a Line drawn between the said Lands of the Governor, and Michael Dyer, One Hundred and Twenty Poles distant from the River.

CHAPTER V.
An Act to establish and confirm John Hodgson, Esq., Treasurer of the Counties hereinafter mentioned. Obs.

(Omitted.)

CHAPTER VI.
An Act to appoint able and skilful Clerks for the several County Courts within this Province, and for the better securing and safekeeping the Records of the same.

(Omitted.)

CHAPTER VII.
An Act for the more effectual establishing a Ferry from Bath Town to Core Point, and from Core Point to Bath Town, and for preventing any other Ferry within Ten Miles of the said Town of Bath, or Core Point, on the same Sides of the River.

I. Whereas the Ferry from Bath Town to Core Point, and from Core Point to Bath Town, hath been, to the great damage of the inhabitants of Bath Town, removed from the said Places; And whereas the Penalties mentioned in the Act of Assembly, intituled An Act concerning the Roads and Ferries, are found insufficient to deter Evil disposed Persons from ferrying over within the Distance prescribed by the said Act: Wherefore, for the further Encouragement of the said Town of Bath, and to prevent the removing the Ferry from the said Town of Bath and Core Point.

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 Justices for the County of Beaufort, shall at their next Court to be held for the said County, after the Ratification of this Act, nominate and appoint some good and able Person Inhabitant of the said Town, to keep the Ferry from Bath Town to Core Point, and also, some other Able Person to keep the Ferry from Core Point, on the South side of Pamptico River, to Bath Town: Which said Persons so appointed, respectively, shall enter into Bond, to the Justices of the said Court, to keep a good and sufficient Boat and Attendance, in Order to Transport Passengers and Horses over the said River, with such Regulations as by the said Court shall be judged convenient.

III. And for the more effectual deterring any Person from ferrying Passengers over the said River, within Ten Miles of the aforesaid Places, on each side of the said River, It is hereby further Enacted, by the Authority aforesaid, That any Person or Persons, ferrying over any Person or Persons, Horse or Horses, within Ten Miles of the said Places, on each side the River, for which he or they shall receive a Reward, under any Denomination

-------------------- page 150 --------------------
whatsoever, he, she, or they, so offending, shall, for each offence, forfeit and pay the Sum of Five Pounds Proclamation Money; One Half to the Use of the Parish, and the other Half to the Person who shall sue for the same, by Action of Debt, Bill, Plaint, or Information, in any Court of Record in this Province, wherein no Essoign, Protection, Injunction, or Wager of Law shall be allowed or admitted of.

IV. Provided always, That this Act, nor any Clause or Article herein contained, shall be in Force, so as any Person shall incur, any Penalty by the same, until a Road shall be cleared and made passable, according to Law, from Core Point into the main Road leading by Rigney's Quarter, to New River, at the Expence of the Person who shall be appointed to keep Ferry at Core Point, which said Road, when so made, shall afterwards be maintained and repaired by the Public; and until a convenient House is built, fit to entertain Travellers, and sufficient Boats and Canoes built and provided for transporting men and Horses over the said River, to be approved of and allowed by the Justices of the County Court of Beaufort.

CHAPTER VIII.
An Act to enable the Parish of St. Andrew's, in Tyrrell County, and the Southwest Parish of Pasquotank County, to Elect Vestries. Obs.

(Omitted.)

CHAPTER IX.
An Act to exempt the Inhabitants of Bath Town from working on the Public Roads, and to oblige the said Inhabitants to clear and keep the Streets of the said Town clear and in good Order.

(Printed in Private Acts, post.)

[Full text of this chapter is available at vol. 25, p. 231.]

CHAPTER X.
An Act to Enable the Justices of Tyrrell County to build a Warehouse on Scupernongs, for receiving of his Majesty's Quit-Rents.

I. Whereas a Warehouse, for the Receipt of his Majesty's Quit-Rents, was, by an Act of Assembly, intituled, An Act for providing his majesty a Rent-Roll, for securing his Majesty's Quit-Rents, for the Remission of Arrears of Quit-Rents, and for quieting the Inhabitants in their Possessions; and for the better settlement of his Majesty's Province of North Carolina, directed to be built at Joseph Spruel's Landing, on Scupernongs River, in Tyrrell County, for Receipt of his Majesty's Quit-Rents, payable in the said County; to which Place no Pettiagua or other Vessel capable of carrying any Commodities can go, which renders the said Place very inconvenient for the Receipt of the Quit-Rents: And Whereas the Place called Samuel Spruel's Landing, on Scupernongs, in the said County, is a Place to which any Sloop can go, and is likewise a Convenient Place for the Inhabitants of the said County to pay their Quit-Rents at.

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

-------------------- page 151 --------------------
Majesty's Council, and the General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That the Justices of Tyrrell County, instead of building a Warehouse at Joseph Spruel's Landing, shall cause the Warehouse by the aforesaid Act directed to be built at Joseph Spruel's Landing for receipt of his Majesty's Quit-Rents, to be built at Samuel Spruel's Landing, aforesaid, on Scupernongs, in the said County of Tyrrell: And the Justices of the said County are hereby directed to cause the said Warehouse to be built at the said Place, and to lay a levy, and to apply the same towards the building the said Warehouse, and to purchase Land to build the same on, agreeable to the Power to them given by the aforesaid Act of Assembly.

CHAPTER XI.
An Act to enable the Commissioners hereinafter named to build a Bridge over Levengston's Creek, between New Hanover and Bladen Counties.

(Omitted.)

CHAPTER XII.
An Act for the better regulating the Militia of this Government.

(Omitted.)

CHAPTER XIII.
An Act for granting an Aid to his Majesty, to defray the Expences of transporting the several Troops enlisted in his Majesty's Service in this Colony, and to ascertain the Method of paying all Taxes and Levies in Commodities; and for other Purposes therein mentioned.

I. Whereas his Majesty hath been pleased to send Instructions to the Governor of this Colony, to enlist Men in his Majesty's Service, and afterwards to transport them at the expence of this Colony to the West Indies, there to join other Troops of his Majesty, sent thither upon an Expedition intended against the Spaniards; and this Assembly being desirous of shewing their Loyalty and duty, and taking into Consideration the most effectual Ways and Means to raise Money to defray the Expences of transporting the said Troops enlisted here to the West Indies, finding that the Poverty of the People of this Province renders it impracticable to collect a Levy in Money, humbly represent unto your Majesty, that laying a Levy to be paid in the Commodities of the Country will be the only effectual Expedient for raising a Fund to answer the present Service: Wherefore,

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 Three Shillings Proclamation Money, for One Year next after the Ratification of this Act, be paid for every Tithable in this Province; Which Levy shall be paid in the Commodities hereafter mentioned, at the Rates following; that is to say, Tobacco, per Hundred, Ten Shillings; Rice, per Hundred, Seven Shillings and Six Pence; for that part of the Province only heretofore known by the

-------------------- page 152 --------------------
Name of Bath County, Indian drest Deer skins, not weighing less than One Pound each Skin, two Shillings and Six Pence the Pound; Bees Wax, at Ten Pence Half Penny per Pound; at Four Pence per Pound; Pork, in good, tight Barrels, dry salted, each Barrel containing Two Hundred and Twenty Weight, at One Pound Seven Shillings per Barrel; Beef in good, tight Barrels, dry salted, each Barrel containing Two Hundred and Twenty Pounds, at Seventeen Shillings and Six Pence per Barrel.

III. And be it further Enacted, by the Authority aforesaid, That the Inhabitants of that Part of the Province heretofore called Albemarle County, shall pay the aforesaid Levy in the aforesaid Commodities, or by Bills of Credit, at the Rate of Seven Pounds Ten Shillings for every Twenty Shillings Proclamation Money, at one of the Warehouses in their respective Counties, appointed for the Receipt of his Majesty's Quit-Rents, to the Person or Persons appointed by Virtue of is Act, within the last Ten Days of the Month of November, and the last Ten Days of the Month of January, then next ensuing (Beef excepted, which shall be paid and received in Satisfaction of the aforesaid Levy within the last Ten Days of November only), for which the Inspector shall give a Receipt to the Person or Persons bringing the same.

IV. And be it further Enacted, by the Authority of the same, That each Person of the aforesaid Province, who shall neglect or refuse to pay the aforesaid Levy in Manner aforesaid, and shall be in Arrear on the First Day of February next after the last Day of Payment, such Defaulter shall be liable to Double Distress; to be levied upon his Goods and Chattels, together with Costs and Charges, by the Sheriff of the County within which such Delinquent inhabits.

V. And be it further Enacted, by the Authority aforesaid, That the Justices in each County in the aforesaid District, formerly called Bath County, shall, at the First County Court which shall be held in the several Counties within the aforesaid District, after the Ratification of this Act, lay a sufficient Levy upon the Inhabitants of their County, not exceeding One Shilling, Proclamation Money, per Tithable, for defraying the Charges of building or hiring a substantial Warehouse at the most convenient Landing, upon a Navigable River, with their County, and shall, with such Levy, on or before the Fifteenth Day of November next after the Ratification of this Act, build or hire a Substantial Warehouse for the safekeeping of the aforesaid Levy, and all other Levies now laid, or hereafter to be laid; And in Case the said Justices shall refuse or neglect so to do, each Justice so refusing or neglecting, shall forfeit and pay to his Majesty the Sum of Five Pounds, Proclamation Money, to be recovered in any Court of Record in this Province, to be applied in building a Warehouse in the said County.

VI. And be it Enacted, by the Authority aforesaid, That John Hodgson and John Montgomery, Esqrs.; Thomas Hunter, John Blount, William Farris and George Roberts, Gentlemen, be, and are hereby appointed Commissioners, and they, or the Majority of them, are hereby authorized to hire Vessels and buy Provisions, and all Things necessary for victualling and transporting Four Hundred Men to the West Indies, and to defray the Charge thereof, the said Commissioners, or the Majority of them, are hereby impowered to receive, of the Inspectors who shall be appointed to receive the aforesaid Levy, all the Money and Commodities they shall receive in Satisfaction thereof, and to sell and dispose of the Commodities as they shall think proper; and the said Commissioners shall account with the General Assembly of this Province for all the Money and Commodities they shall receive, and shall be allowed for their Trouble any reasonable Charges by

-------------------- page 153 --------------------
the General Assembly; and what Surplus shall remain, shall be applied by the General Assembly towards defraying the Contingent Charges of the Government: And each and every Inspector is hereby directed to keep Account of all Money and quantity of Commodities they shall receive, and of whom, in Satisfaction of the aforesaid Levy, and shall, on or before the First Day of March next after the Ratification of this Act, account with and pay to the Commissioners, all the Money and Commodities he or they shall receive, or give his or their Notes for, in Case the said Commissioners do require the same, and each Inspector who shall refuse or neglect so to do, within the aforesaid Time, shall forfeit and pay the Sum of One hundred Pounds, Proclamation Money, to the use of his Majesty; to be recovered in any Court of Record in this Province, by Action of Debt, Bill, Plaint or Information, and to be applied by the Governor or Commander in Chief for the Time being, for repairing the Warehouse or Houses, and defraying other incident Charges, where such Delinquent shall be Inspector.

VII. And whereas the great Scarcity of Money renders it, at present, extremely difficult for the Inhabitants of this Province to pay the Public County and Parish Levies already imposed; and as the Paper Bills of Credit will be current only till November, One Thousand Seven Hundred and Forty Four, when they will expire, and it will therefore be impossible for the Inhabitants of this Province to pay any Levies or Taxes whatsoever, or any Fines and Forfeitures, unless the Commodities of the Country be accepted in Discharge thereof, according to the Usage and Custom of some of our neighboring Colonies.

VIII. We pray that it may be Enacted, and be it Enacted, by the Authority aforesaid, That all Public, County and Parish Levies already imposed, and which shall be due and payable after the Ratification of this Act, and which shall hereafter be laid and imposed on the Inhabitants of this Province, shall be paid in the Commodities as rated in this Act, in Manner following; that is to say, every Person paying any Commodities in Discharge of such Levies, shall carry the same to the Inspector of one of the Warehouses in the County where he resides, at the Times before mentioned for Payment of the Levy by this Act imposed, to be received and examined, as is by this Act expressed and directed.

IX. And be it further Enacted, by the Authority aforesaid, That if any Person shall tender any of the Commodities herein mentioned in Discharge of the Levy by this Act laid, or any other Levies or Taxes, and a Dispute shall arise whether the same shall be good and merchantable, the Party tendering the same may apply to a Magistrate in the County, who is hereby impowered and directed to grant his Warrant, directed to any Constable or other lawful Officer, to summons Two skilful Freeholders, who upon their Oaths, shall view and examine the same; and if such Commodity so tendered be adjudged good and merchantable, then the Inspector shall receive the same, and in that Case, the Justice granting such Warrant, and the Officer executing it, shall not charge the Inspector, or any other Costs, and if paid in discharge of the Levy by this Act imposed, shall give a Receipt for the same; and if in Discharge of any other Public, County or Parish Levy, then the said Inspector shall give a Note for the same, in Manner as hereinafter mentioned; But in Case such Commodity tendered be, by the said Freeholders, adjudged bad and not sound and merchantable, the person so tendering the same shall forfeit half the Value of such Commodity so tendered, as rated by this Act, provided the same had been good, together with Costs; to be paid to the Church Wardens of the Parish where such Commodity shall be tendered, to be applied to the use of the said Parish.

-------------------- page 154 --------------------

X. And be it further Enacted, by the Authority of the aforesaid, That every Inspector shall, and is hereby authorized, to open every Hogshead, Cask, or Barrel, and diligently view and examine the same, and every Commodity so delivered; and if such Inspector shall think such Commodity tendered to be paid, is good, sound, well conditioned, and merchantable, he shall weigh the same, with Weights of the lawful Standard, or proved Stilliards, for Eighteen Months only, after the Ratification of this Act, and shall keep an exact account of all such Commodities by him received; and when he shall receive any Hogshead, Cask or Barrel, wherein is contained Tobacco, Tallow, Rice, or Bees Wax, when the same shall be allowed good and merchantable, and weighed by him, he shall stamp every such Hogshead, Cask or Barrel, with the proper Mark of the Warehouse, or cause the same to be done, in the presence of the Person so paying the same; and shall also mark thereon, in like Manner, the Tare of the Hogshead or Cask, and the Nett Quantity therein contained.

XI. And be it further Enacted, by the Authority aforesaid, That if any Commodity shall be brought to any of the Warehouses for Discharge of any other Public, County or Parish Levies, than what is imposed by this Act, the said Inspectors, after they have viewed, examined and weighed the said Commodity, shall be obliged to deliver to the Person bringing the same, as many Promissory Notes, under their Hands, as shall be required, for the Quantity of Commodities by them received, in which shall be expressed the particular Commodity by them received; which said Notes shall be, and are hereby declared Current and payable, according to the Value of the Commodity expressed therein, and shall be transferable and deemed a Tender for Payment of all County and Parish Levies, and likewise all Debts and Dues, in Manner as in this Act is hereafter directed.

XII. And be it further Enacted, by the Authority aforesaid, That the Sheriff of every County shall attend at the respective Warehouses in his County, at the Times the Inspector shall attend, and receive all Public, County and Parish Levies (except the Levy which is hereby imposed, which shall be paid to the Inspectors only, and they Accountable to the Commissioners), which shall then be paid them in Inspectors' Notes, current Bills, or Proclamation Money, by the Persons owing the same, and if any Person, chargable with Dues or Levies aforesaid, shall neglect or refuse to pay the same, on or before the last Day of January, Yearly, it shall and may be lawful for the Sheriff or other Collector, after the Tenth Day of February, Yearly, to distrain the Goods, and Chattels of the Person or Persons so neglecting or refusing, and to sell and dispose thereof at Public Vandue, for the Money, Tobacco, drest Deer Skins, Tallow, or Bees Wax, or any of them, after having given Notice Ten Days before such Sale, and the Overplus, if any, after paying the said Levies and Dues, and the Charges of Distress (which is hereby declared to be the same as for serving an Execution), shall be returned to the Debtor.

XIII. And be it further Enacted, by the Authority aforesaid, That the Sheriffs or other Collectors of the said Levies, shall, in one Month after the Collecting and receiving such Levies and Taxes, pay the Inspectors' Notes they shall have received in Satisfaction thereof, after deducting Three per Cent. for collecting, to the Persons appointed to receive the same, to-wit, the Notes received for the County and Parish Taxes, to the Persons appointed and impowered in the several Counties and Parishes to receive the same, who shall transfer the said Notes to any Person having any Demand in the Parish or County, and the Inspectors' Notes recived for Discharge of the Public Taxes, shall be paid in Manner following; that is to say, the Sheriff

-------------------- page 155 --------------------
of Craven, Carteret, Onslow, New Hanover, and Bladen Counties, shall pay all the Inspectors' Notes by them received, and account with Edward Moseley, Esq., Public Treasurer for the said Counties: And the Sheriff of Chowan, Perquimons, Pasquotank, Currituck, Bertie, Edgcomb, Tyrell, Beaufort, and Hyde Counties, shall pay all the Inspectors' Notes by them or any of them received, in Discharge of such Levies, and account with John Hodgson, Esqr., Public Treasurer for such Counties: Which said Treasurers are hereby impowered and directed, to transfer such Notes to any Person who has any Claim or Demand on the Public for any Money payable out of such Taxes or Levies.

XIV. And whereas a Public Tax, for supporting the Contingent Charges of this Government, is laid, at Five Shillings per Poll, current Bill Money of this Province; to prevent Confusion in the Receipt of the same, by Virtue of this Act.

XV. Be it Enacted, by the Authority aforesaid, That Eight Pence, Proclamation Money, shall be deemed equal to the said Five Shillings, and to be paid in Commodities, according to the Intent of this Act; and all Parish and County Taxes, and all other Taxes, laid in Bills, shall be paid and discharged in Commodities, as herein rated in Proclamation Money, Regard being had to the Difference of Proclamation Money and Bills, in Value.

XVI. And be it further Enacted, by the Authority aforesaid, That for every Hogshead of Tobacco brought to any Warehouse in good Cask, of the Dimensions of Forty eight Inches in Length, and Thirty Two Inches in Width, at the Heads, and containing, at least, Seven Hundred Weight of Tobacco, there shall be allowed by the Inspector to the Person bringing the same, Thirty Pounds of Tobacco for the Cask: and also, there shall be allowed to the Inspector, by the Person taking the same away, Two Pounds of Tobacco for every Hundred so paid away, and so in proportion for a Greater or lesser Quantity, for Shrinkage and wasting of the said Tobacco, to be paid at any Time within Two Months after the Date of the Note given for the same, and One Pound per Hundred for every Month after the same shall be unpaid after the said Two Months, and no more, so as the whole doth not exceed Six Pounds for every Hundred.

XVII. And for the better enabling the Inspectors to deliver out Promissory Notes, and to take care of the Commodities to be brought to the Warehouse, Be it further Enacted, by the Authority aforesaid, That the Inspectors shall be allowed all reasonable Charges for providing printed Notes, and also for finding Cask, Nails, and other Materials, for packing, prizing, and for preserving such of the Commodities as require it; to be paid them as hereafter mentioned.

XVIII. And be it further Enacted, by the Authority aforesaid, That if any Inspector shall neglect or refuse to deliver, to any Person requiring the same, any of the Commodities for which he hath given his Note, he shall forfeit and pay, for every such Offence, to the Party grieved, double the Value of the commodities demanded by such Note or Notes; to be recovered by a Warrant from two Justices of the Peace of the said County where such Person is Inspector, who are hereby authorized to hear and determine the same, and cause Execution to be made.

XIX. Provided always, That such Person or Persons who is or are possessed of any Notes or who shall have any Demands on the Public, to be paid by the said Notes, shall take away all and singular the Goods specified in any Note or Notes, on or before the First Day of April, in every Year; or if such Goods remain in the Warehouse after that Time, it shall be at the risque of the Person or Persons intituled to the same, by Virtue of such

-------------------- page 156 --------------------
Notes, or who have any Demands on the Public, payable out of such Taxes.

XX. Provided also, That the Public Treasurers may, at any Time before, dispose of any of the Commodities paid in as aforesaid, for the Public Tax, for Money, at the Rates herein before mentioned, and all Commodities remaining in any of the aforesaid Warehouses after the First Day of April, any after paying all Charges and Demands on the Public, payable out of the said Tax, the said Treasurers may dispose of the same, at Vandue, to the highest bidder, first giving Ten Days' Notice of such Sale.

XXI. And be it further Enacted, by the Authority aforesaid, That the Justices of each County, at the Court to be holden for each County next after the Ratification of this Act, shall appoint one Inspector for each Warehouse in each County; which Inspector shall receive all Commodities tendered to him in Discharge of the Tax or Levy imposed by this Act, and account with the Commissioners and Treasurers herein before named for the same, and shall always receive the Commodities paid in Discharge of the other Levies and Taxes, according to the true Intent and Meaning of this Act, and shall agree with such Inspector for their Salary, and if the Justices refuse or neglect so to do, each Justice so neglecting or refusing, shall forfeit and pay to his Majesty Five Pounds, Proclamation Money, to be applied by the Governor or Commander in Chief, towards payment of the Salary of the Inspector of that County, which shall be afterwards appointed by the Governor, to be recovered by any Person who shall sue for the same, in any Court of Record in this Province, by Action of Debt, Bill, Plaint, or Information, wherein no Essoign, Protection or Wager of Law shall be allowed.

XXII. And be it further Enacted, by the Authority aforesaid, That the Justices of each County, at the Court next after the Ratification of this Act, and so Yearly, shall have Power to employ Persons to build Warehouses, or to make Additions or Repairs to those already built, and shall provide Weights, Scales, and other Necessaries, and pay Inspectors; and to defray the Expences thereof, shall and may lay a Levy, Yearly, on every tithable Person, not exceeding One Shilling, Proclamation Money, per Tithable, to be paid and collected by the Sheriff, in Manner as all other Levies are, excepting the Levy laid by this Act, for which the Sheriff shall be allowed only Three per cent. for collecting: And the said Justices are hereby impowered to turn out any Inspector or Inspectors, on Complaint and Proof of Misbehaviour in his or their Offices, and to appoint others in his or their Room.

XXIII. And be it further Enacted, by the Authority aforesaid, That every Person who shall be appointed Inspector, shall, before he enters upon the Execution of his Office, take the following Oath, Viz., That he will carefully view and examine all Commodities brought to the Warehouse whereof he is Inspector and to the best of his Skill and Judgment, not receive any Commodity in this Act mentioned, that is not sound, well conditioned, and, in his judgment, merchantable, and faithfully discharge the Duty of his Office, without Favour or Affection; and shall also enter into Bond, with good Securities, in the Penalty of Five Hundred Pounds, Proclamation Money, payable to his Majesty, with Condition, for the true and faithful Performance of his said Office and Trust; and shall constantly attend at the Warehouse under his Charge, at the Times in this Act mentioned.

XXIV. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall forge or counterfeit any Inspector's Note, or tender in payment any such forged or counterfeit Note, or demand any commodity of any Inspector upon any such forged or counterfeit Note, knowing

-------------------- page 157 --------------------
the same to be so, he shall be fined Fifty Pounds, Proclamation Money, stand One Hour in the Pillory, with his ears nailed thereto, and Cut off.

XXV. And be it further Enacted, by the Authority aforesaid, That if any Warehouse, or any House wherein any Commodities are lodged, payable by this Act, shall accidentally be burned, the loss sustained thereby shall be made good and repaired by the General Assembly, at the next Sessions after such Loss, at the Charge of the Public.

XXVI. And to enable the Inhabitants of this Province to pay Fines and Forfeitures, and to relieve Debtors, as to the Imprisonment of their Persons, Be it enacted, by the Authority aforesaid, That every Person who shall be liable to pay fine and Forfeiture, or Debts, due by Judgment, or against whom Execution shall issue, for any Debt or Debts hereafter to be contracted, only shall and may carry any of the Commodities in this Act mentioned to a Public Warehouse, in the County where such Debtor has contracted such Debt, which shall, by Virtue of this Act, be built or hired, and the Inspector shall inspect the same, in the Manner by this Act directed, and if good, shall deposit the same in the Warehouse, and shall give such Person a transferable Note, in the Manner directed to be given by this Act, on the Receipt of Commodities for Public Levies; which Notes the Persons intituled to have and receive such Fines and Forfeitures, or Persons to whom Moneys are due, on such Judgments, or from Persons being in Execution, as aforesaid, shall accept, at the Rate the Commodities mentioned in such Notes are Valued at by this Act; and such Notes tendered shall be deemed a sufficient payment of such Fine and Forfeiture, Judgment and Execution, as aforesaid as if made in Proclamation Money, Regard being had to the Exchange between Proclamation Money and the Money to be paid by such Person who tenders such Note; provided such Note be tendered within the Time such Commodities are by this Act to remain in the Public Warehouses.

XXVII. Provided always, That nothing in this Act shall extend to entitle Officers to take higher Fees than heretofore, but the same shall be taken at the Rate of Four for One, in Bills, from the Table of Fees, when paid in Bills, or may be paid in Commodities by Inspectors' Notes, as rated in this Act, in Bills, as Four bares in Proportion to Seven and a Half, until the same shall be further regulated by an Act of Assembly.

XXVIII. Provided also That nothing in this Act shall extend to effect the Loan Money; but the same shall remain as before the passing of this Act.

Signed by
GABRIEL JOHNSTON, ESQ., Governor.
William Smith,President
JOHN HODGSON, Speaker.