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Acts of the North Carolina General Assembly, 1743
North Carolina. General Assembly
1743
Volume 23, Pages 207-216

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LAWS OF NORTH CAROLINA, 1743.

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

CHAPTER I.
An Act to regulate Elections for Members to serve in General Assembly for the several Counties, to declare who shall be qualified to vote in the said Elections, or be elected a Member of the General Assembly for any of the said Counties, and to direct the Method to be observed in taking the Poll at the several Elections in the Counties and Towns in this Province.

I. 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 from and after the Ratification of this Act, the Sheriffs of the several and respective Counties in this Province shall, at all Elections hereafter to be made in their several and respective Counties, for Members to sit in General Assembly, take the votes of the Freeholders qualified to vote, in Manner following; that is to say: Each and every Sheriff of the several Counties, shall at the day appointed for choosing Members of Assembly, come to the Place by Law appointed for holding such Election in his County, provide with a small Box, with a Lid or Cover, having a Hole in it not exceeding Half an inch in diameter; which said Cover shall be sealed and secured on the Box, in the Presence of the Inspectors Chosen, as in this Act is hereafter directed, to see the Poll fairly and impartially taken; which being done, the Sheriff shall, at or before Ten of the Clock in the Forenoon, open the Poll, by making Proclamation Three Times, for such Persons as are qualified to vote, to come and give in their Votes, by Ballot; and after the Poll is so opened the Sheriff shall attend the same and keep the Poll opened till One of the Clock in the Afternoon, at which time it shall be lawful for him to adjourn the Poll to Half an Hour after Two of the Clock, the Hole in the Box being first sealed, in Presence of the Sheriff, Inspectors and such Candidates as will attend to see the same, and then shall again open the Poll, as at first, and keep the same open, and attend the taking the Votes, as aforesaid, until Sunset, and no longer, without it shall be agreed by all the Candidates to have it closed sooner.

II. And be it further Enacted, by the Authority aforesaid, That every Persons qualified to vote, shall give to the Sheriff, in Presence of the Inspectors, a Scroll of Paper, rolled up, with the Name or Names of the Person or Persons he votes for, written therein; which Scroll shall be immediately, by the Sheriff, put into the Box, in the Presence of the Inspectors, and at the same time the Sheriff, and also each of the Inspectors, shall take a List, in Writing of the Persons Name so Voting: And when every Person attending at the Place of Election, shall have voted, as before mentioned, or that the Sun shall be set, the Sheriff shall conclude the Poll, and, in the Presence of the Inspectors, and such of the Candidates as will attend, open the Boxes,

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and take out the Scrolls, One by One, and read the Name or Names of the Candidate or Candidates written in each Scroll, and an exact Account shall be taken, by each Inspector, from the said Scrolls, of the Number of Votes for each Candidate; and if there shall be Two Scrolls rolled together and put into the Box in the Room and Place of one, or if any Scroll contains the Names of more Candidates than shall be lawful for the County to choose, such Scroll or Scrolls shall be cast away, as useless and Void: And when the Votes have been all taken out and examined, as aforesaid, whatsoever Candidate or Candidates shall appear to have most Votes, the Sheriff or under Sheriff shall return him or them Burgess or Burgesses; or if Two or More Candidates shall have an equal Number of Votes, the Sheriff or Under Sheriff, being a Freeholder, shall and may return which of them he thinks fit; in which Case only, the said Sheriff, or Under Sheriff, is allowed to vote.

III. And be it further Enacted, by the Authority aforesaid, That the Inspectors aforesaid shall be nominated and appointed by the Candidates; but in Case of the Neglect or Refusal of the Candidates, the Sheriff, or Under Sheriff, of the County, shall nominate and appoint the said Inspectors: And every Freeholder, before he is admitted to Poll, or give in his vote, as aforesaid, at any such Election, if it be required by the Candidates, or any of them, or any other Freeholder in their Behalf, shall take the following Oath; (which Oath the Sheriff or Under Sheriff, is hereby impowered and directed to administer,) towit:

You shall swear, That you have been possessed of, a Freehold, of Fifty Acres of Land, for Three Months Past, in your own Right, in the County of —— and have been Six Months an Inhabitant of this Province; and that you have not given in your Vote before in this Election. So help you God.

IV. And for the Prevention of Disputes which may hereafter arise in Election of Burgesses, concerning who shall be understood to be a Freeholder; Be it Enacted, by the Authority aforesaid, That every Person who hath an Estate, Real, for his own Life, or the Life of another, or any estate of greater Dignity, of a sufficient Number of Acres, in the County which by this Law enables him to vote, or be a Candidate for such County, shall be accounted a Freeholder, within the Meaning of this Act.

V. And be it further Enacted, by the Authority aforesaid, That no Person hereafter, shall be admitted to give his Vote in any Election of Burgesses, in any County within this Province, unless he hath been an Inhabitant of this Province Six Months, and hath been possessed of a Freehold, within the Meaning of this Act, of Fifty Acres of Land at least Three Months before he offers to give his Vote, and is also of the full Age of Twenty One Years: And that hereafter no Person shall be deemed qualified or admitted to sit and vote in the General Assembly, unless he hath been One Full year an Inhabitant of this Province, and possessed of a Freehold, within the Meaning of this Act, of at least One Hundred Acres of Land, in the County where he shall be elected or chosen, and is also of the full Age of Twenty One Years, at the Time he is Chosen.

VI. And be it further Enacted, by the Authority aforesaid, That after the Publication of Writs, and Time and Place for Election of Burgesses, as aforesaid, every Freeholder, within the Intent and Meaning of this Act, within the County where the Election is to be made, respectively, may appear accordingly, and give his Vote, by Ballot, at such Election: And if any Person shall give his Vote at any Election who is not a Freeholder within the Meaning of this Act, or shall vote twice at the same Election, such

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Person shall forfeit and pay the Sum of Five Pounds, Proclamation Money, to him or them that will inform or sue for the same; to be recovered with Costs of Suit, in any Court of Record in this Province, by Bill, Plaint,, or Information, or Action of Debt, wherein no Essoign, Protection, Priviledge, or Injunction, shall be allowed of.

VII. And be it further Enacted, by the Authority aforesaid, That where any Suit shall be brought against any Person for Voting, not being a Freeholder, the Onus Probandi shall lie on the Defendant.

VIII. And be it further Enacted, by the Authority aforesaid, That no Person or Persons, hereafter to be Elected to serve in the General Assembly for any County or Town within this Province, after the Test, or issuing or Ordering of the Writ or Writs of Election, shall or do by himself or themselves, or by any other Ways or Means, in his or her behalf, or at his or their Charge, before his or their Election to serve in General Assembly for any County or Town within this Province, either directly or indirectly, give, present, or allow, to any Person or Persons having Voice or Vote in such Election, any Money, Gift or Reward, or Present, or make any Promise to do the same, to or for him or themselves, or for any such Person or Persons in particular, or to any such County or Town in General, in Order to be Elected to serve in the General Assembly for any such County or Town; and that all and every Person or Persons so offending, and being guilty herein, after proof made thereof to the House, shall be disabled and incapacitated, upon such Election, to serve in the General Assembly for such County or Town during the Continuance of that Assembly.

IX. And be it further Enacted, That if at any Time any Candidate, or other Person in his behalf, shall desire a Copy of the Poll, the Sheriff, or Under Sheriff, who Manages the Election, as soon as may be, shall cause a fair Copy thereof to be made, and shall deliver it, attested with his own Hand, unto such Candidate or other Person as shall require the same, as aforesaid.

X. And be it further Enacted, by the Authority aforesaid, That if the Sheriff of any County, or in his absence, the Under Sheriff, shall refuse to take the Poll, or shall take it, in any other Manner than is herein directed, or shall refuse or neglect to give a Copy of the Poll, as aforesaid, or shall not regularly, and in Time, return the Writ of Election, or shall make a false return thereof, every such Sheriff or Under Sheriff, as aforesaid, offending herein, or in any of these cases respectively, shall forfeit and pay the Sum of Fifty Pounds, Proclamation Money; one Moiety to his Majesty, his Heirs and successors, for and towards defraying the Contingent Charges of this Government, and the other Moiety thereof to him or them that will inform and sue for the same; to be recovered, with Costs, in the General Court of this Province, by Action of Debt, Bill, Plaint, or Information, in which no Essoign, Protection, Injunction, Privilege or Wager of Law shall be allowed.

XI. And be it further Enacted, by the Authority aforesaid, That hereafter, the Election in the several Towns in this Province of a Burgess, to sit in General Assembly, shall be by ballot in the same Manner as is directed for the several Counties in the same.

XII. And be it further Enacted, That all and every other Act and Acts, and every other Clause and Article thereof, heretofore made, so far as relates to the regulating Election of Burgesses for the several Counties in this Province, or the Method of taking the Poll in the several Towns thereof, for a Burgess, to sit and vote in General Assembly, is and are hereby

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repealed and made void, to all Intent and Purposes, as if the same had never been made.

CHAPTER II.
An Act for Obtaining an exact List of Taxables, and for the effectual Collecting as well all Arrears of Taxes, as all other Taxes, for the future due and payable.

I. Whereas it appears, by the lists of Taxables delivered in by the Sheriff and other Officers, from the several and respective Counties of this Province, as well as by many Informations by the said officers, and other Inhabitants of this Province, that a full and compleat List has never yet been obtained, by any Laws now in Force: And whereas the equal Payment of Taxes is of great Consequence: Therefore,

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 from and after the passing of this Act, the obtaining of such List shall be in the following Manner, any Law, Usage, or Custom, to the contrary, notwithstanding, that is to say, That the Justices of each County shall, at the next Court to be held for their respective Counties after the first Day of May next, and so yearly, issue their Warrant, signed by the Chairman, directed to the Constable in each and every District in their respective Counties, authorizing and commanding him to go from House to House, in his District, and summon the Master or Mistress of every Family, or the Overseer of every Plantation, of which there is no master or Mistress, within his District, to appear, and they are hereby required to appear, before the then next Court to be held for the County, or before some Justice for that County, preceding the Time of holding the then next Court, and there to give in, upon Oath, a List, in Writing, of all the Taxables in his or her Family, as a Master, or Mistress, or under his Care as an Overseer; and the Constable shall likewise give in a List, upon Oath, to the said County Court, of all such Persons so warned, and the said List shall contain all the Masters and Mistresses of Families, and Overseers of Plantations, within his District.

III. And be it further Enacted, by the Authority aforesaid, That each Constable neglecting to summon the Master, Mistress or Overseer, as aforesaid, or neglecting to return such List, as is herein before directed, shall forfeit and pay Forty Shillings, Proclamation Money, for each and every Neglect; and the Masters, Mistresses, or Overseers, being summoned, and neglecting to appear and give, in a List of their Taxables as aforesaid, on or before the last day of Court hereby appointed for that Purpose, shall forfeit Forty Shillings, Proclamation Money, over and above Twenty Shillings like Money, for every Month he or she shall be a Delinquent, after the last Day of the Court, as aforesaid.

IV. And be it further Enacted, That every Justice to whom any such List of Taxables shall be given, pusuant to this Act, shall return the same to the Clerk, on or before the Time of holding the Court to which the said Lists are hereby returnable; under the Penalty of Five Pounds, Proclamation Money.

V. And be it further Enacted, by the Authority aforesaid, That all the Penalties of this Act, the Recovery and Application of which is not other

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wise directed, shall be recovered, in any Court of Record, by Action of Debt, Bill, Plaint, or Information, or by a Warrant before one or two Justices of the Peace, according as the same may be cognizable; and applied, one Half to the Informer, and the other Half to be paid to the Justices, for the Use of the County where the same is recovered.

VI. And to the End that all Arrears of Taxes may be collected be it Enacted, by the Authority aforesaid, That every present, as well as former Sheriffs, of each and every County in this Province, who hath not fully collected the several and respective Taxes which, by Law, he ought to have collected for several Years last past, shall make a true and exact List of all the Persons within his County from whom he hath received any Tax, the Number of Tithables, and the Money received, and for what Year particularly, and make Oath, before some Magistrate of the County, that the said List or Accompt is true and just, and shall deliver the same to the Sheriff then next succeeding after the Ratification of this Act, on or before the first Day of July next, under the Penalty of Forty Pounds, Proclamation Money, to be recovered, by Action of Debt, Bill, Plaint, or Information, in the General Court of this Province, Wherein no Essoign, Protection, Injunction, or Wager of Law, shall be allowed or admitted of, by the Sheriff to whom such List is to be delivered; or in Default of the Sheriff prosecuting the same in Two Months after the said First Day of July, by any Person who will sue for the same, One Half of such Forfeitures to be to such Sheriff, or such Person who sues for the same, and the other half to and for the contingent charges of the County.

VII. And be it further Enacted, by the Authority aforesaid, That the several Sheriffs, in their several Counties, shall have Power to collect all Arrears of Taxes, due for the several Years last Past, from any Persons whatsoever, immediately after passing of this Act, and until the first Day of December next following; and shall put up Notice, from Time to Time, at what convenient Place, and when they will attend, for such Persons to bring their Taxes then in Arrear and due; and on Refusal or Neglect of any Person or Persons to pay the same, at the Times and Places appointed, the said Sheriffs, and every of them, within their respective Counties, shall make Distress, for such Levies in Arrear, on such Person or Persons so refusing or neglecting, at any Time on or before the said first Day of December next; and for each particular Distress, each Sheriff shall be severally allowed Two Shillings and Eight Pence, Proclamation Money, to be paid by the Party on whom such Distress shall be made.

VIII. And be it further Enacted, by the Authority aforesaid, That each respective Sheriff shall accompt, on Oath, for such arrears of Taxes as he shall receive, with such Person or Persons as by the Laws of this Province he ought, on or before the first Day of January next, and make good Deficiencies, under the Penalty of Fifty Pounds, Proclamation Money, to be recovered in the General Court of this Province, by Action of Debt, Bill, Plaint or Information, by the Treasurer, or other Person to whom such Sheriff ought to have accounted and paid the same: One half to such Treasurer, or other Person to whom the Money arising by such Tax was payable by the said Sheriff, and the other Half to be applied, by the said Treasurer, or other Person, to the Use such Tax was intended.

IX. And be it further Enacted, by the Authority aforesaid, That no Sheriff shall be obliged to account for any Taxes, for the future due and collected by him, with any Person or Persons to whom, by Law, he is accountable, until the first Day of June, Yearly, and then next immediately following the Time of his attendance at the Warehouses in the County, to

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receive such Taxes, when he shall accompt with, and pay to the Persons he is or shall be by Law required, the Taxes due for every Tithable in his County, in Manner aforesaid.

X. And for the Encouragement of Sheriffs to do their Duty, and to reimburse them in Case they shall not fully collect the several Taxes in their respective Counties by the said first day of June, Yearly, the said Sheriffs respectively, in their several Counties, shall have Power to make Distress for such Taxes as shall not be paid, in Manner as is herein before directed, from the Expiration of the Time of their Attendance at the Warehouses, for and during, and until the full End and Term of Two Years, then next following whether their Commission, or Appointment as Sheriff, shall be determined or not, or for a Shorter Time, until they have received the Taxes from each respective Tithable in their Counties; and the said Sheriff shall receive Six per cent. as well for collecting all Arrears of Taxes, as all other Taxes, for the future due and payable; any Law, Usage, or Custom, to the contrary, notwithstanding.

XI. And be it further Enacted, by the Authority aforesaid, That for the future, no Double Distress shall be made, for Non-Payment of Taxes; any Law, Usage, or Custom, to the contrary, notwithstanding.

XII. And be it also further Enacted, That every Clause, Matter or Thing, contained in any Act or Acts heretofore made, so far as relate to any Matter or Thing herein contained, and not by this Act referred to, shall be repealed, and made null and void, to all Intents and Purposes, whatsoever.

CHAPTER III.
An Act to impower the Justices of Beaufort County to build two substantial Warehouses, at the Places hereafter mentioned, in the said County, for the Use and Convenience of the Inhabitants paying their Taxes and Levies.

I. Whereas the County of Beaufort being so large and extensive, that one Warehouse is not sufficient nor convenient for the said County to bring their Commodities to, in Discharge of Levies and Taxes:

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 the Justices shall, at the Second Court to be held for the said County, after the Ratification of this Act, lay a levy upon the Inhabitants of the said County not exceeding Six Pence, Proclamation Money, per Tithable, for defraying the building or hiring two substantial Warehouses, at the several Places hereafter mentioned, within the County, for the safe keeping of all Commodities paid in Discharge of Levies and Taxes already laid, and 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 the Sum of Five Pounds, Proclamation Money, to be recovered, in any Court of Record in this Province, by Action of Debt, Bill, Plaint, or Information, by him or them, who will sue for the same: to be applied, one Half to such Prosecutor, and the other Half towards building the said Warehouses: One of which Warehouses shall be built at Bath Town, and the other at the Red-Banks.

III. And whereas the present Warehouse at Core-point, is found to be very inconvenient to the Inhabitants of the said County; It is therefore further

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Enacted, That the Justices of the said County of Beaufort shall, and they are hereby impowered, to take, sell, or carry away, all or any Part of the said Warehouse, and apply the same to the Use of building the afore-mentioned Warehouses, at Bath-town and Red Banks.

IV. And be it further Enacted, by the Authority aforesaid, That the Inspectors already appointed by the Court, or who shall hereafter be appointed, shall attend at the said Warehouses, and no other Places, and be under the same Restrictions as is directed by an Act, intituled, An Act, for granting an Aid to his Majesty, and other Purposes therein mentioned.

CHAPTER IV.
An Act to ascertain what Attornies' Fees shall be taxed and allowed, in any Suit of Action, brought in any of the Courts of Record in this Province.

I. Whereas there is no Fee, by Law, allowed to be Taxed in any Bill of Costs, sufficient to compensate any Attorney for his trouble, for prosecuting or defending any Suit or Cause, in any of the Courts of this Province:

II. Be it therefore Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and a General Assembly of this Province, and by the Authority of the same That from and after the Ratification of this Act, the several and respective Attornies Fees hereinafter mentioned, shall be Taxed and allowed in the Courts following; that is to say, in the General Court, on any Action brought, or Suit commenced there, or by Petition, Thirty Shillings, Proclamation Money: In the County Courts, on any Action brought, or suit commenced there, or by Petition, Fifteen Shillings, Proclamation Money.

III. And to the End that such Fees be received and paid to whom the same shall be due, Be it Enacted, by the Authority aforesaid, That upon Dismission of any Suit, Verdict for the Plaintiff or Defendant, or that the Plaintiff shall become Non-Suit, or the Suit otherwise discontinued, the Clerk of each and every of the said several and respective Courts, shall insert an Attorney's Fee in the Bill of Costs taxed in the said Cause, and shall cause the same to be levied as other Fees, and paid to the Parties who have a Right to receive the same.

IV. Provided always, That the Fees above mentioned, for Suits commenced, as aforesaid, in the County Courts, shall not be allowed or Taxed on Appeals, brought from any Justice or Justices, in the said Courts, on the Law for Tryal of small and Mean Causes.

V. And be it further Enacted, by the Authority aforesaid, That if any practicing Attorney in any Court of Record in this Province, shall neglect to perform his Duty in any Action in which he shall be retained, or commit any fraudulent Practice, such Attorney shall be liable to an Action on the Case at Common Law, in the General or County Court in this Province, to the Party Injured; and on the Verdict passing against him, Judgment shall be given, by the said Court, for the Plaintiff, to recover Double Damages, with Costs of Suit.

CHAPTER V.
An Act for providing proper Magazines of Ammunition in the several Counties of this Province, and for defraying the Charge thereof. Obs.

(Omitted.)

[Full text of this chapter is available at vol. 25, p. 232-233.]

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CHAPTER VI.
An Act for making and clearing a Highway from Edenton, into the Road leading over Mr. Hoskin's Mill-Dam, towards Pequimons Court-house, and for erecting Bridges in such Road, and also another Gate at Edenton.

I. Whereas for want of a Convenient Road from Edenton to the said Courthouse, and the lower Counties, Persons travelling to and from the same, are put to great difficulty: for Remedy whereof,

II. We pray 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 Road, leading from Edenton to Mr. William Hoskin's Mill-Dam be laid out, from the second Cross-street above Mr. Gale's in the Most convenient Manner that may be, for the use of the Inhabitants below the said Town, and with as little Injury as may be to any private Person's property, by a Jury of the following Persons, upon Oath, viz.: Thomas Pierce, Jacob Butler, Joseph Ming, Nathaniel Ming, William Benbury, John Halsay, John Benbury, John Blount, John Vail, John Hull, John Harlow, John Taylor, William Hoskins, Luke Gregory, William Lewice, William Luten, Orlando Champion, and George Lysle, or any Twelve of them; which Road, when laid out, made and cleared, shall and is hereby declared to be a Public Road, and to be maintained by the Company that now work on the Road that leads from the Town Gate, to the aforesaid Mill-Dam.

III. And be it further Enacted, by the Authority aforesaid, That if the said Road should be carried through the lands of any Person or Persons, to their Prejudice or Injury, that then, and in such Case, it shall and may be lawful for the aforesaid Jury, to assess the Damages done such Person or Persons, and an Account of the same, to return to the next succeeding County Court, which shall be held for the County of Chowan, after such Assessment, and the Justices of the said County Court are hereby impowered and directed, to lay a Levy on all the Taxable Persons in the County aforesaid, sufficient to satisfy and pay such Damage or Damages so assessed, as also for building a bridge or Bridges, and erecting a Gate on the Line between the said Town and County: Which Levy the Sheriff of the said County is hereby directed and required to collect, agreeable to the Directions of the Justices of the said County Court, under the Penalty of Five Pounds, Proclamation Money, and when Collected, to account, upon Oath, and pay the same to the aforesaid Justices, for the Purposes aforesaid, first deducting Five Per cent. for his trouble, in collecting the same.

IV. And be it further Enacted, by the Authority aforesaid, That if any Surplus shall remain, after paying the said Damages, and defraying the said Charges of building the said Bridge or Bridges, and Gate, the same shall be applied by the Justices, in the same Manner as other County Taxes are applied.

V. And be it further Enacted, by the Authority aforesaid, That the Justices aforesaid, are hereby impowered to contract and agree with able and skilful Workmen, to build a Bridge or Bridges, wherever it may be found necessary, over any Branches or Creeks in the said Road, as also to erect a Gate on the said Road, on the Line between the Town and the County; and any Person or Persons by them employed, shall have Liberty to cut down any Timber Trees, on any of the adjacent Lands, for the use of building the said Bridge or Bridges, and for erecting the said Gate.

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VI. And be it further Enacted, by the Authority aforesaid, That the present Road, leading from the Town Gate to Hoskin's Mill-Dam, be, and is hereby stopt up, and all Persons are hereby exempt from working on the same.

CHAPTER VII.
An Act, for erecting a Court House, Prison, and Stocks, in Bertie County and for laying a Tax upon the Inhabitants of the said County for defraying the Charge thereof.

I. Whereas great Disputes have arisen in the County of Bertie, concerning the Place whereon the Court-house, Prison and Stocks, should be erected in the said County, by Reason whereof, they have not hitherto been built: Therefore, to ascertain the Place whereon the same shall be built, and to prevent Delays for the future.

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 Court-house, Prison and Stocks, of Bertie County, shall be built between Cusby Bridge and Will's Quarter Bridge, in the said County, and that all Courts shall be there held for the said County, after the same shall be built, any law, Custom, Usage, or Order of Court, to the contrary, notwithstanding.

III. And be it further Enacted, by the Authority aforesaid, That the Justices of the said County, or a Majority of them, are hereby impowered and required, at the next Court that shall be held for the said County, after the passing of this Act, to purchase, of the Owner, One Acre of Land, in Fee-simple, between the said Bridges, for the Use of the Public, whereon to build the said Court-house, Prison and Stocks; and shall also contract with, or impower other Persons, as they shall think proper, to contract with and employ workmen, for building and erecting the same thereon.

IV. And for defraying the Expences thereof, Be it further Enacted, by the Authority aforesaid, That the said Justices, or a Majority of them, are hereby impowered and required, to lay a Tax on the Inhabitants of the said County, not exceeding Two Shillings and Six Pence, Proclamation Money, for One Year per Tithable, for the Purposes aforesaid.

V. And be it further Enacted, by the Authority aforesaid, That the Sheriff of the said County of Bertie, shall, and he is hereby required, to collect the aforesaid Tax, at the Time, and in the Manner that the Public Taxes are by Law to be collected, and pay the same to the Justices of the said Court, to be by them applied to paying the Workmen for building the said Court-house, Prison and Stocks; and also, to pay the Consideration Money for the One Acre of Land, hereinbefore directed to be by them, the said Justices, purchased.

VI. And be it further Enacted, by the Authority aforesaid, That all and every Contract or Contracts heretofore made, by Virtue of any Order of the Court of Bertie, concerning the erecting a Court-house, Prison and Stocks, at or near Stony Creek, is and are hereby annulled and made void, and all Persons concerned therein, shall and are hereby discharged from performing the same, or any Part thereof.

VII. Provided nevertheless, That if any Person, by Virtue of an Agreement with the said Justices heretofore made, hath collected any Materials or done any Work towards the building of a Court-house, Prison and Stocks,

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at or near Stony Creek, the said Materials or work so done, shall be valued by Two Freeholders of the said County, one to be chosen by the said Justices, and the other by the Party Collecting such Materials, or doing such Work; and the Money such Materials or Work shall be valued at shall be paid out of the Tax to be raised by Virtue of this Act.

VIII. And be it further Enacted, by the Authority aforesaid, That in Case any Money has been collected by the Sheriff of the said County, from any Person or Persons, in Consequence of any Order of Court heretofore made, the same shall be paid, by the Sheriff who collected the same, to the Justices of Bertie County aforesaid, for and towards defraying the Expence of building the said Court-house, Prison and Stocks; and any Person or Persons who has already paid any money to the Sheriff, in Consequence of any Order of Court, made as aforesaid, shall be allowed the same, in Discount of any Tax he shall be liable to by Virtue of this Act; anything herein contained to the contrary, notwithstanding.

Signed by
GABRIEL JOHNSTON, ESQ., Governor,
Nathaniel Rice, President,
SAMUEL SWANN, Speaker.