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Acts of the North Carolina General Assembly, 1745
North Carolina. General Assembly
April 08, 1745 - April 20, 1745
Volume 23, Pages 217-243

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LAWS OF NORTH CAROLINA, 1745.

At a General Assembly held at New Bern the Twentieth Day of April, in the Year of Our Lord One Thousand Seven Hundred and Forty Five.

CHAPTER I.
An Act, for laying a Tax for sinking the new Current Bills of Credit.

(Repealed 1843, ch. 10, and omitted.)

[Full text of this chapter is available at vol. 25, p. 234-235.]

CHAPTER II.
An additional Act to an Act, intituled, An Act, for appointing Sheriffs in the Room of Marshalls of this Province, for prescribing the Method of appointing them, and limiting the Time of their Continuance in Office, and Directing their Duty therein; and for abolishing the Office of Provost-Marshall of this Province; and for altering the Names of the Precincts into Counties.

I. Whereas the Sheriffs appointed and commissionated, are, by the said Act, impowered to continue in their office but Two Years, and the County Courts were thereby directed, at the first Court that should be held in each and every County, next after the Ratification of the said Act, and so successively at the said Courts every Two Years, to recommend to the Governor or Commander in Chief for the Time being, Three such Persons, being Justices in the same County Court, as they should think fit and able, to execute the Office of Sheriff for their respective Counties, for the Two then next succeeding Years; by Means whereof, it frequently happens in several of the Counties of this Province, that the Power of the Sheriffs expires before the sitting of the Courts which are to recommend to the Governor other Persons to be appointed in their Room, whereby the said Office often becomes vacant, to the great Detriment of the Public.

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 General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That the Justices of every respective County shall at the County Court next before the Expiration of the Sheriff's Commission, or time of serving in his Office, recommend Three Persons to the Governor, in Order for his appointing one of them to execute that Office, according to the Directions of the said recited Act; and that each respective Sheriff of every County within this Province, now or hereafter to be commissionated, shall hold and enjoy his Office 'til such such Time as the succeeding Sheriff shall be duly commissioned and qualified; and that all process served and executed by him during that Time, shall be valid in Law, and deemed duly, executed: Any Law, Usage, or Custom, to the contrary, notwithstanding.

III. And whereas by the said Act, the Courts of the several Counties are confined to recommend only Persons who are Justices, to be appointed Sheriffs, and they often chusing to pay their Fines rather than act in the said Office, it is very difficult, in several Counties, to get any Person to recommend that will accept the said Office; Be it therefore Enacted, That

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the Justices of every County, At the Times they are by Law impowered to recommend Persons to be appointed Sheriffs, shall not be obliged to recommend such Persons who are Justices only in the County, but may recommend any other Person resident in their County (except the Members of his Majesty's Council, and Members of the General Assembly, during the Time they are such,) whom they shall think well qualified for the said Office; and any such Person so recommended, may be commissionated, by the Governor or Commander in Chief for the Time being, to act as Sheriff of the County for which he is recommended; any Thing in the said Act, or any other Act, contained to the contrary, notwithstanding.

IV. And be it further Enacted, by the Authority aforesaid, That every Person hereafter nominated or Commissioned Sheriff, by Virtue of this Act, shall be under the same Restrictions, and liable to the same Penalties, for refusing to act in the said Office, or for any neglect of his Duty therein, as if he had been recommended and commissioned according to the Directions of the before recited Act.

CHAPTER III.
An additional Act to an Act, intituled an Act, to prevent killing Deer at Unreasonable Times, and for putting a stop to many Abuses committed by White Persons, under pretence of hunting.

I. Whereas by the before recited Act, it is among other Things, Enacted, That it shall not be lawful for any Person to kill or destroy any Deer, running Wild in the Woods or unfenced Grounds in this Government, by Guns, or any other Ways or Means whatsoever, between the Fifteenth Day of February, and the Fifteenth Day of July, Yearly, and in each Year, after the Ratification of the said Act; and that any Person Convicted of the same, shall forfeit and pay the Sum of Five Pounds, Current Money: And whereas it appears, that the allowing Liberty of killing Deer in fenced Grounds and Inclosures at such Seasons, has given Room to several Persons to evade the said Law:

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 if any Person shall be convicted of killing Deer, or having Venison, or a green Deer-skin or Skins, in his House, Camp, or Possession, between the Fifteenth Day of February, and the Fifteenth Day of July, Yearly, after the Ratification of this Act, he shall forfeit and pay the Sum of Forty Shillings, Proclamation Money; to be recovered and applied as herein after is directed.

III. Provided nevertheless, That nothing in this Act shall be construed, to extend to convict any Person or Persons of the said forfeiture, in whose House any Venison, green Skin or Skins, shall be found, which hath been left in such House without the Knowledge, Privity, or Consent of such Person, or any of his Family, upon due proof thereof to be made, by the Person therewith Charged.

IV. And for as much as there are great Numbers of idle and disorderly Persons, who have no settled Habitation, nor visible Method of Supporting themselves, by Industry or Honest Calling, many of whom come in from Neighboring Colonies, without proper passes, and kill Deer at all Seasons of the Year, and often leave the Carcasses in the Woods, and also steal and

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destroy Cattle, and carry away Horses, and commit other Enormities, to the great Prejudice of the Inhabitants of this Province, Be it therefore Enacted, by the Authority aforesaid, That every Person who shall hunt and kill Deer in the King's Wast within this Province, and who is not possessed of a settled Habitation in the same, shall be obliged to produce a Certificate, when required, of his having planted and tended Five Thousand Corn Hills, at Five Feet Distance from each Hill, the preceding Year, or Season, in the County where he shall hunt, under the Hand of at least two Justices of the Peace of the said County, and the Hand of at least one of the Church Wardens of the Parish where such Person planted and tended such Corn, as aforesaid.

V. And be it further Enacted, That if any such Persons as aforesaid, is found hunting, and does not produce such Certificate as aforesaid, when required, he shall forfeit his Gun, and Five Pounds, Proclamation Money, for every such Offence, to be recovered and applied as herein after directed.

VI. And whereas many idle Persons, who spend their chief Time hunting Deer, leave the Carcasses in the Woods, by which Means Wolves, Bears, and other vermin, are raised and supported, which destroy the Stock of the Inhabitants of this Province; Be it therefore further Enacted, by the Authority aforesaid, That every Person who hunts Deer, and leaves the Carcass or Carcasses in the Woods, undestroyed, shall for every Offence forfeit and pay Forty Shillings, Proclamation Money.

VII. And be it further Enacted, by the Authority aforesaid, That all Fines and Forfeitures mentioned in this Act, shall be paid, the One Half to the Informer, and the other Half to the Church Wardens, for the Use of the Parish wherein such Offence shall be committed; to be recovered, with Costs, by a Warrant from any Justice of the Peace in this Government; saving to all free Persons the Right of Appeal to the County Court where such Offence is committed: Which said Court is hereby impowered and directed, in a summary Way, finally to determine the same; wherein no Essoign, Protection, or Wager of Law, shall be allowed or admitted of.

CHAPTER IV.
An Act to repeal an Act passed at Wilmington, in the Year of our Lord One Thousand Seven Hundred and Forty One, Intituled An Act to establish Ports, or Places of Delivery of Merchandizes, imported in and exported out of this Province, and to prevent the clandestine running of unaccustomed Goods in the several Ports thereof.

I. Whereas it is found very inconvenient and injurious to Traders and Vessels arriving at the several Ports and Places in the said Act mentioned, and there being obliged to unlade and continue, whereby great Damages, Losses and Delays have accrued, and much of the Trade of this Province, which heretofore used to be carried on by the Water, has of late been diverted, and carried on by Land to Virginia; 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 Asembly of this Province, and it is hereby Enacted, by the Authority of the same, That the said Act be, and is hereby repealed, to all Intents and Purposes, as if the same had never been made.

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Provided nevertheless, That nothing in this Act shall be deemed or taken to extend to any Law-Suit already commenced and depending, upon the Breach of the said Law.

CHAPTER V.
An Act for impowering the several Commissioners hereinafter named, to make, mend and repair all Roads, Bridges, Cuts, and Water Courses, already laid out, or hereafter to be laid out, in the several Counties and Districts, hereinafter appointed, in such Manner as they Judge most useful to the Public.

I. 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 County of New Hanover be divided into the Five following Districts; and that the Honbl Roger Moore, Esq., the Hon. William Forbes, Esq., Mr. George Moore, Mr. William Dry and Mr. John Daniel, be Commissioners for the Roads for the South west District of the said County; bounded on the North, by Old Town Creek, to the Head thereof; from thence, by a Line to Wagamaw Lake; from thence, down the Wagamaw River to the Boundary Line, including all the Inhabitants on the Neck between the aforesaid Boundary, the Sea, and Cape Fear River; and likewise the Inhabitants on the West side of the said River: And that the Honourable Matthew Rowan, Esq.; Mr. John Davis, Mr. William Waters, and Mr. John Musgrove, be Commissioners of the Roads for the Northwest District for the said County; bounded to the East, by the Northwest River, and to the South, by Town Creek, including the great Island commonly called Eagles, or Buzzards Island: And that the Honourable Robert Halton, Esq.; Mr. William Faris, Mr. Thomas Clark, Mr. Robert Walker, and Mr. John Rutherford, be Commissioners of the Roads for the East District of the said County, lying between Cape Fear River, and the Sea; bounded on the East, by Onslow County, to the South, by the Sea, to the West, by Cape Fear River, and Smith's Creek, along the Road to Beasley Swamp: And that Mr. Thomas Jones, Mr. Joseph Blake, Mr. Charles Harrison, Mr. Alexander MacCullow, and Mr. Alexander Lillington, be Commissioners of the Roads for the East Side of the East District of the said County; bounded to the South, by Smith's Creek, to the West, by the Northwest River, up to the Head of the same, to the East, by Henry Bishop's below, and Onslow County above: And That Mr. Edward Hyrne, Mr. John Swann, Mr. Jeremiah Vail, Mr. John Ashe, and Mr. James Potavente, be Commissioners of the Roads for the Northeast Branch of Cape-Fear River, as far up as Burgaw Creek, and so over to Black River and the Northwest River, including the whole Neck between the said Rivers; And that Mr. Jonathan Evans, Mr. Timothy Bloodworth, Mr. Evan Jones, Mr. William McRee, Sen. and Mr. John Cook, Jun., be Commissioners of the Roads for the West Side of the North East Branch of Cape Fear River, from Burgaw Creek, up the Head of the said River, and including the Branches of Rockfish Creek.

And be it further Enacted, by the Authority aforesaid, That Onslow County be divided into the Four Following Districts; and that Nathaniel Everret, Mr. John King, Mr. Theophilus Williams, Mr. Hope Dexter, and Mr. Zachariah Fields, be Commissioners of the Roads for the Southwest District for

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the said County; bounded by the Southwest Branch of New River, down to the Mouth thereof, and to the Bounds of New Hanover County: And that Samuel Johnston, Esq.; Mr. John Howard, Mr. Richard Farr, Mr. William Williams, and Mr. Thomas Jenkins, be Commissioners for the Northwest District of the said County; bounded by the Southwest Branch of New River, including all the Northwest Branch, bounded by the Northeast Branch of the said River; And that Mr. James Foiles, Mr. Edward Ward, Mr. William Shewbridge, Mr. Richard Whitehurst, and Mr. Jonathan Melton, be Commissioners of the Roads for the Northeast District, from the Northeast Branch of New River, down the River, and along the Sound to Bear Creek: And that Mr. John Starkey, Mr. Stephen Lee, Mr. Abram Mitchall, Mr. John Dudley, and Mr. John Spooner, be Commissioners of White-Oak District from Bear Creek, and Rocky Run, to White Oak River, including all to the Bounds of Carteret County.

III. And be it further Enacted, By the Authority aforesaid, That Bladen County be divided into the several following Districts: and That Mr. Joseph Clark, Mr. Henry Simmons, Mr. James Carver, Mr. James Grange, Mr. Ralph Miller, Mr. Thomas Brown, and Mr. Thomas White, be Commissioners of the Roads for the first District, bounded from Livingston's Creek, to Brown's Creek, on the Southwest Side of the Northwest River: And that Mr. William Bartram, Mr. Thomas Russ and Mr. Edward Jones, be Commissioners of the Roads for the second District from Edward Jones's Mill Creek, down the Neck to Malsby's Point: And that Mr. Benjamin Fitzrandolph Mr. William Cain, Mr. James Lyon, Mr. Thomas Robinson, Mr. Moses Plomer and Mr. Nathaniel Platt, be Commissioners of the Roads from Brown's Creek on the Southwest Side of the Northwest River, to Bartram's Ferry: And that Mr. Griffin Jones, Mr. John White and Mr. Edward Harrison, be Commissioners of the Roads on the Northeast side of the Northwest River, from Edward Jones's Mill Creek, to Bartram's Ferry: And that Mr. Daniel MacNeal, Mr. Michael Blocker, Mr. Jonathan Evans, Mr. Thomas Jones and Mr. Richard Richardson, be Commissioners of the Roads from Bartram's Ferry, taking in each side of the River, up to the Head thereof; And that Mr. John Green, Mr. John Hancock, Mr. William Norton, Mr. James Baldwin and Mr. James Welsh, be Commissioners of the Roads for the Marsh District And that Captain John Clark, Mr. Samuel Goodman, Mr. John Hamer, Mr. John Elleby and Mr. John Mackey, Sen., be Commissioners of the Roads for the Pee Dee District.

IV. And be it further Enacted, by the Authority aforesaid, That Carteret County be divided into the following Districts: And that Mr. Thomas Lovick, Mr. Arthur Mobson and Mr. William Burden, be Commissioners of the Roads for the Northeast part of Newport River, in Carteret County, beginning at the Mouth of the said River, and running up Coar Creek, to Craven County, and the Head of Newport River. And that Mr. Garey Godey, Mr. John Gillet and Mr. David Shepherd, be Commissioners of the Roads on the Southside of Newport River, along the Sound to the Bounds of Craven and Onslow Counties by the Head of White Oak River: And that Mr. John Clitherell, Mr. Stephen Ford and Mr. Henry Stanton, be Commissioners of the Roads from Beaufort Town, to Coar Creek Bridge: And that Mr. John Simpson, Mr. Richard Ward, and Mr. Samuel Chadick, be Commissioners of the Roads from the Court House of the said County, over North River, and so to the extream Part of the said County Eastwardly.

V. And be it further Enacted, by the aforesaid, That Craven County be divided into the following Districts; and that Mr. Francis Dawson, Mr. Thomas Person and Mr. Lewis Bryan, Sen., be Commissioners of the

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Roads from the Mouth of Neuse River, on the North Side, to Swift's Creek: And that Mr. William Carleton, Mr. Lionel Lee and Mr. William Peters, be Commissioners of the Roads from Swift's Creek, to Contentnee, on the lower side of the main Creek: And that Mr. Thomas McClendon, Mr. Francis Stringer and Mr. John Herring, Jun., be Commissioners of the Roads from the Upper Side of Great Contentnee Creek, to the Bounds of the County: And That Mr. John Loveld, Mr. Joseph Slocomb, Mr. John Sneall and Mr. Francis Always, be Commissioners of the Roads from the Mouth of Neuse River, on the South Side, to Mill's Creek: And that Mr. Robert Howard, Mr. John Hillyard and Mr. Abraham Buffet, be Commissioners of the Roads from Mill Creek, to the Upper Part of the County: And that Mr. Richard Lovett, Mr. Adam Moore, Mr. Christian Ester, Mr. George McCarty and Mr. Jacob Sheets, be Commissioners of the Roads from the Town of New Bern, to the Head of Trent River, along the North Side of the said River: And that Mr. Richard Nixson, Mr. John Fonvielle and Mr. Cornelius Loften, be Commissioners of the Roads from New Bern to the Southwest Creek, on the South Side of Neuse River: And that Mr. Mark Phillips, Mr. John Smith and Mr. John Slocomb, be Commissioners from Southwest Creek to the upper Line of the County.

VI. And be it further Enacted, by the Authority aforesaid, That Beaufort County shall be divided into the following Districts: And that Mr. James Thomas, Mr. William Phipps, Mr. William Carruthers and Mr. Josiah Jones, be Commissioners of the Roads from Broad Creek below Bay River, to the main Road, including each Side of the Said River, on the South-side of Pamptico River: And that Mr. Abraham Pritchard, Mr. John Tripp and Mr. John Bond, be Commissioners of the Roads from Goose Creek, to Durham's Creek, and from Durham's Creek, to the Boundary Line of Craven County: And that Mr. Benjamin Peyton, Mr. Thomas Williams, Mr. Reading Blunt, Mr. William Peyton and Mr. William Dunbar, be Commissioners of the Roads from Durham's Creek, to Chockowinity, and to the Boundary Line of Craven County: And that Mr. Edward Salter, Mr. Thomas Tyson and Mr. John Hardy, be Commissioners of the Roads from Chocowinity to the Line of the County: And that Mr. James Adams, Mr. Daniel Blenn, Mr. George Nixson and Mr. James Brown, be Commissioners of the Roads from Hyde County, bounding on Price's Creek, to Bath-Town: And that Mr. John Barrow, Mr. William Martin, Mr. Robert Boyed, Mr. Samuel Boutwell and Mr. Simon Jones, be Commissioners of the Roads from Bath Town, to the Flat Swamp, bounding on Tyrrell County; and also from Bath-Town, to Tranter's Bridge: And that Mr. Seth Pilkinton, Mr. George Moy, Sen., Mr. William Mace, Mr. John Burney and Mr. James Barrow, be Commissioners of the Roads from Tranter's Creek to Edgecomb County.

VII. And be it further Enacted, by the Authority aforesaid, That Hyde County be divided into the following Districts: And that Col. Samuel Sinclare, Mr. Joseph Tart, Mr. Richard Larmount, Mr. Francis Kipps and Mr. Alexander Foreman, be Commissioners from Price's Bridge to the Court House: And that Mr. William Harris, Mr. Thomas Loach and Mr. Joseph Halloway, be Commissioners of the Roads from the Chappel to Jonas Squire's: And that Mr. William Satterthwite, Mr. Timothy Allen and Mr. Nathaniel Eborn, be Commissioners of the Roads from Matchapungo Creek Bridge to the Log House: And that Mr. John Smith, Sen., Mr. John Smith, Jun., Mr. Gilbert McReary, Mr. Forster Jarvis and Mr. John Leith, Jun., be Commissioners of the Roads on the East side of Matchapungo River: Which Commissioners, or the Majority of them, in their several and respective Districts, shall have full Power and Authority to make new Roads and

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Bridges, and keep in repair the Roads and Bridges already made in such Places, and in such Manner, as they shall think convenient.

VIII. And be it further Enacted by the Authority aforesaid, That if any Person or Person who shall take upon him to act as a Commissioner, shall neglect or refuse to meet at the Times and Places appointed by the Majority of the Commissioners, in their several Districts, he or they so offending, shall forfeit Thirty Shillings, Proclamation Money, for every such neglect or Refusal; to be recovered and disposed of as is hereinafter directed; except he or they so neglecting, shall give such Excuse to the said Commissioners of his District, at their next Meeting, as they shall judge reasonable,

IX. And be it further Enacted, by the Authority aforesaid, That all Male Persons from the Age of Sixteen Years to Sixty, both White and Black, Except such as are hereafter Excepted shall be summoned to work on the high Roads, within their several Districts, by such Person or Persons as shall be appointed, by a special Warant from the Commissioners of each District, or the Majority of them; and if any Person or Persons appointed to summon the Male Taxables, as aforesaid, shall refuse or neglect his Duty, as hereinafter directed, for every such Offence, he shall forfeit the sum of Five Pounds, Proclamation Money.

X. And be it further Enacted by the Authority aforesaid, That every Warrant to summon the Taxables, as aforesaid, shall be under the Hands and Seals of the Commissoners of the District, or the Majority of them, which Warrant shall expressly mention the Place where such Taxables shall meet, the Number of Days they are to work, and that they bring with them Provisions sufficient for the Time, and such suitable Tools as the Commissioner shall direct, and also shall mention the Commissioner or Commissioners Names who are to inspect them, as also the Overseer or Overseers Names who are to oversee them; and every Person or Persons to whom such Warrant is directed, shall personally summon all Masters or Mistresses of Families, and Overseers of Plantations, where there is no Master or Mistress present, at least Eight Days before the Time appointed for the working, to cause all Male Taxables in their Families, liable by Law to work on the Roads, to appear at the Place appointed, with suitable Tools as aforesaid and provisions, and there to work on the Roads, Bridges and Cuts, during such Time as is in the Warrant expressly mentioned.

XI. And be it further Enacted, by the Authority aforesaid, That all the Commissioners herein appointed for Each District, and their Successors, shall meet at the Court-house in the District, and where there is no Court-house, at such Place within the District where the Majority of the Commissioners shall think fit to appoint, by Notice under their Hands at least Twice in each Year, viz.: The Monday after Easter Monday and on the First Monday in August, Yearly, and oftener if the Majority of the Commissioners shall think fit; and the Majority of the Commissioners so met, are hereby impowered to determine all Disputes which shall and may arise concerning Highways, Bridges, Private paths, and Cuts, already made, or that shall be made hereafter; also, upon the Petition of any of the Inhabitants, where Lands are so hemmed in by other Persons Lands, that they have no Passage to the Nearest High Road or Landing; to lay out, or cause to be laid out, a Road or Way to the Next High Road or Landing, to be laid out, made and kept in Repair, at the private Expence of the Person or Persons petitioning, with as little Damage as possibly may be to the Owner of those Lands through which the said Road must necessarily pass. And if there are, or hereafter shall be, any considerable Number of Inhabitants settled in such Places where the Roads already laid out are not convenient

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for them, to go to the next County Court, or Town, in such Case, upon the Petition of such Inhabitants to the Commissioners of their respective Districts, it shall and may be lawful for such Commissioners, and they are hereby impowered to lay out, or cause to be laid out, a Road for them to such Court-house or Town, at the Charge of such Petitioners, having due regard to do as little Damage to such Persons Lands or Plantations where the said Roads must necessarily go, as is possible; and the said Persons so petitioning shall be liable, for not working, making, and keeping such Roads, laid out as aforesaid, in good Repair, to all the Penalties inflicted by this Act on Persons for not worikng on the High Roads.

XII. And be it further Enacted, by the Authority aforesaid, That the Majority of the Commissioners of each District, at any of their Meetings shall allot to any Commissioner or Commissioners of such District, a particular Part of the Road, to be under his or their Inspection, whether it be to repair an old Road, make a new one, or to make or repair a Bridge, or a Cut; and the Commissioner or Commissioners so appointed, is and are hereby impowered to nominate an Overseer, for that Part of the Work under his or their Inspection, and shall also, at the same Meeting, appoint the Time when, and Place where, the Inhabitants shall work, not exceeding Twelve Days in One Year (except as is hereinafter excepted) in such Manner as they shall be directed by the Commissioner or Commissioners appointed to direct them, or as they shall be directed by the Overseer or Overseers by him or them Appointed, when such Commissioner or Commissioners shall be absent; and the said Overseers shall also shew their said Warrant to any Person they summon, if required so to do: And if any of the Persons to whom the said Warrant is directed cannot find the Party so to be summoned, then, and in such Case, he shall at least Eight Days before the Time appointed to work, leave a Note, in Writing, of the Time and Place appointed to work, with some Person in the Family of the Person so summoned; which Note so left shall be accounted a legal Summons.

XIII. Provided always, That no Commissioner or Commissioners shall be liable to Prosecution for any Default or Defaults in the Roads, Bridges and Cuts, but for that Part under his or their particular Inspection.

XIV. And be it further Enacted, by the Authority aforesaid, That if any Person, after having been duly summoned, as aforesaid, shall neglect or refuse to send all the Male Taxables in his or her Family, and if a Master of a Family, to go himself, such Person so neglecting or refusing shall forfeit and pay the Sum of Two Shillings and Eight Pence, Proclamation Money, per Diem, for each and every Taxable in his or her Family liable to work, who shall be absent any Day or Days he or they ought to work, as aforesaid.

XV. Provided nevertheless, That if any Person who is a Defaulter, shall within Ten Days after the Time is Expired for working on the Roads, go to the next Commissioner and shew him sufficient Cause why he or his Taxables were absent, or did not work, at the Time appointed, or he was obliged, by some extraordinary Occasion, to stay at Home himself, or to keep some of his Taxables at Home; in such Case he shall be allowed to make good Deficiency by working on the Roads in such Place as he shall be directed by the said Commissioners, or laid out by the said Overseer, as a proper Task, by Order of such Commissioner, with such a Number of good and able men as will fully make up the Deficiency, within Twenty Days after the Time for working shall be expired; at which Time the Commissioners of each District are hereby required to meet and issue their Warrant or Warrants of Distress to Levy the Fines and Forfeitures, in this Act mentioned,

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on the Estate or Estates of all such Defaulters who have not made good their Deficiencies, or given sufficient Excuses, as aforesaid.

XVI. And be it further Enacted, by the Authority aforesaid, That if any Commissioner or Commissioners shall refuse or neglect to send all his Male Taxables to work on the said Roads, such Commissioner or Commissioners shall be liable to pay all such Sums of Money as any other Defaulters mentioned in this Act; to be recovered by a Warrant of Distress, issuing out of the Court of the County where such Commissioner or Commissioners dwell, to be levied upon his or their Goods and Chattels, in such Manner as is herein by this Act directed and provided, against any other Person or Persons offending therein.

XVII. And be it further Enacted, by the Authority aforesaid, That if any Person withdraw any of his Taxables out of any District after they are summoned, it shall and may be lawful for any Commissioner or Commissioners of such Districts, to issue out his or their Warrants of Distress against the Master, Mistress or Overseer of such Taxables so offending, and levy upon the Goods and Chattels of such Offender all such Fines or Sums of Money as are hereinbefore directed, according to the Number of Taxables so withdrawn or carried out of such District.

XVIII. And whereas there are several vagrant Persons who have no fixt Abode or Settlement, and who neglect and refuse to work on the Roads: Be it therefore Enacted, by the Authority aforesaid, That every Master and Mistress of a Family who hath any such Person or Persons as a Sojourner or Sojourners, Workman or Workmen, Labourer or Labourers, in his or her Family, at the Time of being summoned to work, shall be answerable for the Work of such Person or Persons as one of his or her Family; and if such Person refuse to appear at the Time and Place appointed, the said Master or Mistress may sell, at Public Vendue, so much of the Goods and Chattels of such Person or Persons so refusing as shall pay the Fine of Two Shillings and Eight Pence, Proclamation Money, for every day he ought to have worked on such Roads, returning the Overplus, if any, to the said Person or Persons.

XIX. And be it further Enacted, by the Authority aforesaid, That if any Person appointed an Overseer by a Warrant under the Hands and Seals of the Majority of the Commissioners of his District, or any of them, shall neglect or refuse to follow the Directions of the Commissioner or Commissioners appointed for that Part of the Road of which he is Overseer, such Person shall, for every Day he shall so refuse or neglect to act, or to follow the Directions of the said Commissioner or Commissioners, forfeit and pay the Sum of Twenty Shillings, Proclamation Money.

XX. And be it further Enacted, by the Authority aforesaid, That if any white Person, being met according to Summons, shall neglect or refuse to work according to Directions of the Commissioners or Overseer appointed for that Part of the Road, such Person, for every Day he so offends, shall forfeit the Sum of Two Shillings and Eight Pence, Proclamation Money; and if any Slave shall refuse or neglect to work, the Overseer may, and he is hereby directed and impowered, to give such Slave Correction by whipping him on his bare Back, not exceeding Twenty Lashes for every Offence, and so that he uses no other Weapon than a Cow-skin or a switch; And if any Person (the Commissioners of the District excepted) shall hinder the Overseer from correcting such Slave, the Person or Persons so Offending shall, for every such offence, forfeit and pay Twenty Shillings, Proclamation Money.

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XXI. And be it further Enacted, by the Authority aforesaid, That the Commissioners of each District, or the Majority of them, shall be, and they are hereby impowered, to agree with any Person or Persons to build any Bridge or Bridges, or repair any Road or Roads, as they shall see necessary, in their several Districts.

XXII. And be it further Enacted, by the Authority aforesaid, That where Two Districts are divided by any River or Creek, and the Commissioners of either desire to build a Bridge over such River or Creek, they shall give Notice to the Commissioners of the other District of the Day and Time they will meet them, as near the Place as may be where the Bridge shall be proposed to be built; and the said Commissioners of the Two several Districts, or the Majority of those of each District, being so met, are hereby impowered to agree with proper Persons to build such Bridge: And the Commissioners of each of the said respective Districts, or the Majority of them, are also hereby impowered to raise Money sufficient to discharge the Expence of such Bridge, in their several Districts, that is to say, one Half to one District, and one Half on the other, by laying a Levy, so as the same do not exceed one Shilling, Proclamation Money, for One Year, on the Taxables liable to work on the Roads in each of the said Districts; to be collected by the Sheriff of the County wherein such Districts are, at the same Time and Manner as other Taxes are made payable, and to be collected, and shall be accounted for and paid by the Sheriff to the Commissioners of such Districts where the same shall be collected, for which the Sheriff shall have Six per Cent.

XXIII. And forasmuch as several Counties are now divided by small Rivulets or Creeks, where Bridges over the same may be made and kept in Repair, without laying a Levy on the Taxables of each County; It is therefore hereby Enacted, That the Two next Commissioners of the said Run living in the different Counties may be, and are hereby impowered, to issue Summons for such Number of Taxables in their respective Districts as they shall judge proper for making and repairing such Bridges, and the Taxables so working shall be allowed the same Time from working upon any other Roads in their District: And if any Person or Persons liable to work upon the Roads shall neglect or refuse to comply with and obey such Summons as aforesaid, he or they shall forfeit and pay the Sum of Two Shillings and Eight Pence, Proclamation Money, for every Day he or they shall so neglect or refuse.

XXIV. And be it further Enacted, by the Authority aforesaid, That if any Bridge shall be broken down or carried away by Freshets, or if by falling of Trees across the Roads the Passage of the same is interrupted, the Commissioner or Commissioners of the District in which such accident may happen shall issue his or their Warrant or Warrants to summon as many Taxables as may be able to mend such Bridge, or move such Trees, and otherwise repair any unpassable Road, allowing the Persons so working as many Days at the next General Time of working.

XXV. And be it further Enacted, by the Authority aforesaid, That if any Person shall stop up, or any way Damage any of the Roads, Bridges, Cuts or Watercourses now made, or hereafter to be made, by the Commissioners aforesaid, or any of them, or alter or Damage any of the private Roads by them laid out to a Landing, or Public Road, the Commissioners, or the Majority of them, in the District where such Offence shall be committed shall order the Party so offending immediately to clear and repair the same; and in Case of Refusal, the Party offending shall forfeit and pay such Sum

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or Sums of Money as the Majority of the Commissioners of such District shall find sufficient to repair such Damage.

XXVI. And be it further Enacted, by the Authority aforesaid, That the Commissioners of each and every District, or the Majority of them, are hereby required and impowered to call to account upon Oath all former and present Commissioners and Officers to whom any Money hath been or hereafter shall be paid by Virtue of any Warrant on Defaulters for not working heretofore on the Roads, and to appoint any one of the said Commissioners to receive the same; and upon Refusal or Neglect of Payment it shall and may be lawful for the said Commissioners of such District, or the Majority of them, to issue their Warrant, directed to the Sheriff of the County, to distrain the Goods and Chattels of the Person or Persons so refusing or neglecting to pay the same, and the Goods so distrained shall be by the Sheriff sold at Public Vendue, so far as will amount to the Sum which such Person ought to account for and pay, as aforesaid; and the Money so levied shall be paid to the Commissioners appointed to receive the same, as aforesaid.

XXVII. And be it further Enacted, by the Authority aforesaid, That the Commissioners in the several Districts in this Province, shall have full Power and Authority, and they are hereby authorized and impowered to summon all Persons whom they suspect as Defaulters in working on the high Roads in the several Districts where such Persons reside by a Note, in Writing, under the Hand of one or more of the Commissioners, appointing the Time when, and Place where, they shall meet, which shall be within Three Months after the Ratification of this Act; and shall cause all Persons who have been Overseers of the High Roads and all other Persons whom they believe can make Proof against Defaulters, as aforesaid, to appear before them, and on due Proof made by the Oath of any credible Person, or the Confession of the Party or Parties of such Default or Defaulters, the Commissioners, or the Majority of them, at the said Meeting shall order such Defaulter or Defaulters to work on the Roads for the Space of Six Days only, at one Time, until he or they have made good the whole Deficiency, within Six Months after the Ratification of this Act; and in Case such Defaulter or Defaulters shall neglect or refuse to work as aforesaid, or refuse to pay his or their several Fines and Forfeitures, due for his or their Default or Defaults, the said Commissioners, or the Majority of them, are hereby required and impowered to levy, by Warrant, on such Defaulter or Defaulters, such Sum or Sums of Money so due, on his or their Goods and Chattels.

XXVIII. And whereas Disputes may often arise about the Number of taxable Persons in a Family liable by Law to work on the Roads; Be it therefore Enacted, by the Authority aforesaid, That the Commissioners in each and every District, or the Majority of them, may, and they are hereby impowered, to require upon Oath from any Defaulter or other Person, at any Time, the List or Number of his or her Taxables, liable by Law to work on the Roads; and on Refusal of such Defaulter, or other person so required, to declare the same, he, she or they so refusing shall forfeit and pay the Sum of Five Pounds, Proclamation Money.

XXIX. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for any Person or Persons, by Direction of the Commissioners, to cut down and make use of any Timber Trees or Trees standing or growing upon any of the most convenient Lands to the said Roads for the Use thereof.

XXX. And be it further Enacted, by the Authority aforesaid, That all Warrants for levying any Fine or forfeiture due by Virtue of this Act shall

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be under the Hands and Seals of the Commissioners, or the Majority of them, in their respective Districts where such shall become due.

XXXI. And be it further Enacted, by the Authority aforesaid, That all Public Roads, Bridges and Causeways shall be made, at the least, Ten Feet in Width.

XXXII. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall think him, her or themselves aggrieved by any Order or Sentence of the Commissioners, it shall and may be lawful for such Person or Persons to appeal from the Order or Sentence of such Commissioners, in any of their respective Districts, to the next County Court, who are hereby impowered to hear and determine such Appeals in a Summary Way.

XXXIII. And be it further Enacted, by the Authority aforesaid, That all the Fines and Forfeitures now due, or which hereafter shall become due, by Virtue of this Act, except such as are hereinbefore directed to be otherwise recovered, shall be by Distress and Sale of the Offender's Goods and Chattels, by Virtue of a Warrant under the Hands and Seals of the Commissioners of such District, or the Majority of them, where such Offence is committed, directed to any lawful Constable of the County, who shall levy the same by Sale of the Offender's Goods at Public Vendue to the highest Bidder; and the said Constable shall be allowed for executing every such Warrant of Distress One Shilling and. Three Pence, Proclamation Money, and Three per Cent. for the Sum levied; and after the Forfeitures and Charges paid, the Overplus, if any, to be returned to the Owner: Which Warrant shall be in the following Words, viz.: Whereas Information, upon Oath, hath been made to us, Commissioners for the District of . . . . . . . ., in the County of . . . . . . . ., by A. B. . . . . . . . . That C. D. is a Defaulter upon the high Roads, with . . . . . . . . Taxables, for . . . . . . . . Days, which, at the Fine of Two Shillings and Eight Pence Each, by Law established, amounts to the Sum of . . . . . . . ., and that the said C. D. hath refused to make satisfaction of the same: These are therefore to command and require that you seize so much of the Goods and Chattels of the said C. D. as will pay and satisfy the said Sum of . . . . . . . . with all accruing Costs, and the same Goods so seized, unless redeemed by the payment of the said Sum of . . . . . . . . with Costs, in Five Days after seizure, that you sell and dispose of, and the money arising thereby you pay to us, at . . . . . . . . the . . . . . . . . Day of . . . . . . . ., for which this shall be your sufficient Warrant.

XXXIV. And be it further Enacted, by the Authority aforesaid, That all Fines and Forfeitures mentioned in this Act shall be to the Use of the Public of this Province, and shall be paid to the several Commissioners in their respective Districts where the said Fines and Forfeitures are recovered, to be applied to the making and repairing the Bridges and Watercourses in the several Districts where the same shall be recovered, and towards paying a Clerk for entering the Proceedings of the Commissioners of the said several and respective Districts.

XXXV. And be it further Enacted, by the Authority aforesaid, That no Member of his Majesty's Council, or Members of Assembly, no Clergyman, Justice of the Peace, Attorney at Law, Clerk of any Court, Coroners, Constables, School Masters, Physicians, or Surgeons, or Persons appointed to tend Public Ferries, or Public Grist-mills shall be themselves compelled to work on any Roads; neither shall any Person himself be compelled to work who shall send Three Persons out of his own Family to work on any Road, Bridge or Cut.

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

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any Commissioner or Commissioners appointed by this Act shall refuse to act, or shall die, or leave the District of which he or they are Commissioner or Commissioners, that then, and in such Case, the remaining Commissioners of such Districts where such Commissioner or Commissioners shall refuse to act, die or leave the District, together with the Justices of the County Court, at the next County Court, shall choose one or more Commissioner or Commissioners to fill up the Room of such Commissioner or Commissioners refusing, dying or removing, as aforesaid; and such Commissioner or Commissioners so chosen shall have the same Power and Authority and be subject to the same Penalties as any Commissioner or Commissioners in this Act before named.

XXXVII. And whereas by a late Temporary Act, intituled An Act for laying out, making, altering and keeping in Repair the several Roads within the County of Bath, &c., a Tax was laid by the Commissioners of Bladen County for finishing a Bridge over Levington's Creek, which Tax was not fully collected before the Expiration of the said Act; and many of the Persons so taxed now refuse to pay the same because the said Law is expired.

XXXVIII. Be it therefore Enacted, by the Authority aforesaid, That the Commissioners appointed by this Act for the said County in their several and respective Districts shall have full Power, and they are hereby authorized and required, to issue their Warrant or Warrants for the levying the said Tax on such Person or Persons who have not already paid the same; and the said Tax shall be levied and paid in the same Manner and under the same Penalties as in this Act is before directed for Taxes, on the like Ocasion, hereafter to be laid and collected in the several Districts in this Act appointed.

CHAPTER VI.
An Act for erecting a Fortification on the Lower Part of Cape Fear River, for applying thereto the Powder Money already arisen, or which shall arise, by Shipping coming in the Port of Brunswick.

I. Whereas from the present War with France and Spain, there is great Reason to fear that such Parts of this Province which are situated most commodious for Shipping to enter may be invaded by the Enemy: And whereas the Entrance of Cape Fear River, from its known Depth of Water and other Conveniences for Navigation, may tempt them to such an Enterprize, while it remains in so naked and defenceless a Condition as it now is: Therefore, for the better securing of the Inhabitants of the said River from any Insult and Invasion,

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 his Excellency, Gabriel Johnston, Esq., Governor, the Honourable Nathaniel Rice, Robert Halton, Eleazer Allen, Matthew Rowan, Edward Moseley, Roger Moore, William Forbes, Esqrs., and Col. James Innes, William Farris, Esq., Major John Swann, and George Moore, Esq., be, and are hereby appointed Commissioners, who, or the Majority of them, shall have full Power and Authority to erect and build a Fort or Battery in such Place on the lower Parts of Cape Fear River as to the Majority of them shall seem most convenient for the Defence of the

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said River: Which Fort or Battery shall be called Johnston's Fort, and shall be large enough to contain at least Twenty Four Cannon, with Barracks and other Conveniences for Soldiers.

III. And for defraying the Charges of Building such Fort or Battery, Be it Enacted, by the Authority aforesaid, That the Powder Money already paid to the Naval Officer of Port Brunswick, or to the Commissioners of Navigation of the said Port, since the Sixth Day of March, One Thousand Seven Hundred and Thirty Eight, by Virtue of an Act of Assembly intitled An Act for facilitating the Navigation of the several Ports of this Province, and for Buoying and Beaconing the Channels leading from Ocacock Inlet to Edenton, Bath Town and New Bern, and from Topsail Inlet to Beaufort Town, and other Ports and Inlets within the said Province herein mentioned, and for providing sufficient Pilots for the safe Conduct of Vessels; and all Powder Money which shall hereafter arise by Vessels coming into the said Port of Brunswick shall be applied by the Commissioners aforesaid, or the Majority of them (after deducting a Sum sufficient for finishing the Posting and Staking out the Channel between Brunswick and Wilmington, not exceeding the Sum of Fifteen Pounds, Proclamation Money), to the Charge of building and erecting the said Fortification as aforesaid, and to no other Purpose or Use whatsoever; anything in the said Act to the contrary notwithstanding.

IV. And be it further Enacted, by the Authority aforesaid, That the several Naval Officers of Port Brunswick, or other Persons who have any of the Powder Money of or belonging to the said Port, in their Hands; and the Naval Officer who shall hereafter receive any Powder Money of or for that Port shall, when called upon by the aforesaid Commissioners, or the major Part of them, appear before them and settle their Accounts, upon Oath, and pay to the said Commissioners, or the Majority of them, or their Order, all such Sum or Sums of Money already received, or which shall hereafter be received by him or them; and a Receipt, under the Hands of the said Commissioners, or their Order, shall be a sufficient Discharge to the said Officer for such Sum or Sums of Money so paid.

V. And be it further Enacted, by the Authority aforesaid, That if any such Person or Persons, who have already received any Powder Money as aforementioned, or who hath any such Money in his Hands, or who hereafter shall receive any such Money, shall, upon due Notice given, refuse to appear to account, upon Oath, and pay the Money due from him or them, he or they so refusing or neglecting shall forfeit the Sum of Forty Pounds, Proclamation Money; to be recovered by the Commissioners, or the Majority of them, by Action of Debt, Bill, Plaint, or Information, in the General Court of this Province, wherein no Protection, Injunction or Wager of Law shall be allowed or admitted of, and applied towards building the said Fort; and shall be also liable to an Action for all such Sums of Money as are in his or their Hands at the Suit of the Commissioners aforesaid, or the major Part of them.

VI. And be it further Enacted, by the Authority aforesaid, That if any one or more of the Commissioners beforementioned shall die or remove out of this Province, or refuse to act, that in such Case it shall and may be lawful for the Majority of the remaining Commissioners to recommend double the Number of the Person or Persons so dying, leaving the Province or refusing to act, to his Excellency the Governor or Commander in Chief for the Time being, out of which he is hereby impowered to appoint one or more Commissioners to act in the Room of such so dying, leaving the Province or refusing to act as aforesaid: And such Commissioner or Commissioners so appointed shall have the same Power and Authority as any other Commissioner

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or Commissioners have, or ought to have, by Virtue of this Act.

VII. And be it further Enacted, by the Authority aforesaid, That the Commissioners hereinbefore nominated and appointed are hereby compelled to lay their Accounts before the Governor, Council and General Assembly of this Province for all such Sum or Sums of Money as they shall from Time to Time receive by Virtue of this Act.

VIII. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for any Person or Persons, by the Direction of the Commissioners aforesaid, or the major Part of them, to cut down and make Use of any Timber Tree or Trees standing or growing upon any of the most convenient Lands to the said Fort to be used in building and erecting the same.

CHAPTER VII.
An Act to appoint Commissioners in the Place and Stead of those deceased, and to compleat and finish the Church at New Bern, and for adding the present Church Wardens and Vestry to the said Commissioners; and for impowering the said Commissioners, Church Wardens and Vestrymen to call the former Commissioners to Account for all the Monies by them received for the Use of the said Church, and to appropriate it to the Purpose aforesaid, and in Case of Insufficiency to lay a Levy to accomplish the same.

I. Whereas by Virtue of an Act passed at Edenton the Twenty Second Day of August, Anno Domini, One Thousand Seven Hundred and Forty, intituled An Act to enable the Commissioners hereinafter appointed to erect and finish a Church in New Bern Town, for the better regulating the said Town, and for other Purposes hereinafter mentioned, William Wilson, Adam Moore, William Herritage, George Roberts, and George Bould were appointed Commissioners to erect, build and finish a Church at New Bern; and the said William Wilson, Adam Moore and George Roberts being since dead and no Power in the said Law to choose others in their Room;

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 the General Assembly of this Province, and by the Authority of the same, That the present Church Wardens and Vestrymen of the Parish of Christ Church, together with John Fonveille, Edward Bryan and Christopher Gregory Hobbs be, and are hereby appointed, Commissioners in the Room, Place and Stead of the said William Wilson, Adam Moore and George Roberts, deceased, with full Power and Authority to call to Account the former Commissioners for all the Monies by them Collected and received to and for the Use of the said Church, and from any other Person or Persons who may have any of the said Monies in their Hands; and in Case of Neglect or Refusal of any of the surviving Commissioners, or the Heirs or Executors of those deceased Commissioners, or any other Person or Persons, as aforesaid, upon the Demand of the Majority of the Present Commissioners, Church Wardens and Vestrymen, only to account and pay down all such Sum and Sums of Money as are remaining due and unpaid in their Hands to the present Church Wardens and Commissioners, as aforesaid, who are hereby impowered to give Discharge for the same, that then, and in such Case, such Commissioner or Commissioners, or the Heirs, Executors or Administrators of those deceased Persons, or other Person or Persons concerned

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therein, shall forfeit and pay unto the present Church Wardens and Commissioners the Sum of One Hundred Pounds, Proclamation Money; and further, shall be liable to an Action at the Suit of the Commissioners and Church Wardens for all such Sum and Sums of Money as shall appear he or they are so in Arrear; which said Sum of One Hundred Pounds, Proclamation Money, shall be applied for and towards finishing, compleating and building the said Church.

III. And be it Enacted, by the Authority aforesaid, That in Case there should not appear to be a sufficient Sum of Money in the Hands of the former Commissioners, or in the Hands of the Heirs, Executors or Administrators of those Commissioners deceased, to finish the said Church, that then, and in such Case, it shall and may be lawful for the present Church Wardens and Vestry, together with the present Commissioners, to lay such a Levy as will be sufficient for the compleating the same, with as much Expedition as possibly may be: Anything herein contained to the contrary notwithstanding.

CHAPTER VIII.
An Act to add that Part of the Province called Mattamuskeet, and Lake, to Hyde County.

I. Whereas as the Inhabitants of Mattamuskeet, and the Lake, for these many Years past, have been obliged to attend Currituck County Court, being from their Habitations upwards of One Hundred Miles, through a bleak and dangerous Sound, which is always attended with great Fatigue, and often Times their Lives exposed to great Danger and frequently by contrary Winds, disappointed of their Passages and detained from their Families: For Remedy whereof for the future,

II. We pray it may be Enacted, and it is hereby 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 Mattamuskeet, and the Lake thereunto belonging, shall from henceforward be accounted, taken, reckoned and deemed Part of Hyde County; and that the Inhabitants thereof shall be subject and liable to the same Orders, Rules and Taxes, as any other of the Inhabitants of the said County are, or hereafter shall be; any Law, Custom, or Usage to the contrary, notwithstanding.

CHAPTER IX.
An Act to impower the Commissioners for the Town of Edenton to keep in Repair the town Fence and to erect and build a Pound, Bridges, Public Wharf and Market-house; as also to erect and build a School-house in the said Town and other Purposes therein mentioned.

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 by the Authority of the same, That the Commissioners already appointed, or who shall hereafter be appointed for the said Town, or the Majority of them, are hereby authorized and Impowered, by the Name of the Commissioners of Edenton, from Time to Time,

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and at all Times hereafter, to lay a Tax on the Inhabitants of the said Town, not exceeding Eight Pence, Proclamation Money, per Annum on each and every Lot, possessed by each and every Person or Persons residing within the said Town, for to keep the Town Gates and Fence round the said Town in good Repair; which Tax shall be annually collected and levied by a Person, from Time to Time, to be appointed by the Commissioners of the said Towr or the Majority of them and by the said Commisioners, or Majority of them, applied for the Uses and Purposes before mentioned, and on Non-Payment of the said Tax, the Person appointed to collect the same, is hereby impowered to make Distress on the Goods and Chattels of such Person who shall refuse to pay the same, and to sell the same at Public Vendue and the Overplus, if any, to return to the Owner, after paying the said Tax and the Costs of such Distress.

II. And be it further Enacted, by the Authority aforesaid, That no Person or Persons whosoever, except the Inhabitants of the said Town, shall keep, or cause to be kept any Horse, Cattle or Sheep, within the said Town, under the Penalty of Twenty Shillings, Proclamation Money, for each and every Offence; to be recovered and applied as in this Act is hereafter directed.

III. And be it further Enacted, by the Authority aforesaid, That none of the Inhabitants of the said Town shall keep, or cause to kept, running at large within the Bounds of the said Town more than Six Head of Sheep, one Cow and one Horse for one Lot, and so in Proportion for each and every Lot by him, her or them so possessed, under the Penalty of Twenty Shillings, Proclamation Money, for each and every Offence; to be recovered and applied as in this Act is hereafter directed.

IV. And be it further Enacted, by the Authority aforesaid, That the Commissioners of the said Town, or the Majority of them, are hereby authorized and impowered, to erect and Build a Pound, Public Wharf, Market-house and School-house, in such Public Places in the said Town as they, or the Majority of them, shall think most convenient for the Ease and Advantage of the Inhabitants of the said Town: And for defraying the Expence of building and erecting the said Pound, Bridges, Public Wharf, Market-house and School-house, the said Commissioners shall be allowed and paid out of the Money already arisen and not applied, and which hereafter shall arise by the Sale of Lots in the Said Town; any Law, Usage or Custom to the contrary, notwithstanding.

V. And be it further Enacted, by the Authority aforesaid, That the several Penalties in this Mentioned, shall be Recovered by a Warrant before Two of his Majesty's Justices of the Peace, and be applied by a Majority of the Commissioners of the said Town, towards the erecting and building the said Pound, Bridges, Public Wharf, Market-house and School-house.

VI. And be it further Enacted, by the Authority aforesaid, That the Commissioners of Edenton may receive Donations and Subscriptions towards defraying the Expences of building the School-house in the said Town and apply the same accordingly; and may in their Names, or in the Names of the Commissioners for the Time being, commence Suits or Actions for the Recovery of any Sums, given or subscribed to be paid, for the Purpose aforesaid, by any Person or Persons whosoever.

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CHAPTER X.
An Act for the better regulating the Town of Wilmington and for confirming and establishing the late Survey of the same, with the Plan annexed.

I. Whereas the Inhabitants and the greatest Part of the Proprietors of the Town of Wilmington have been at a very considerable Expence in a Re Survey and forming of an exact Plan of the said Town; and being unanimous in petitioning for the same to be established by a Law:

II. 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 Plan as annexed, shall be, forever, hereafter the true and exact Plan of the said Town; by a Reference to which all Disputes in Regard to Streets, Squares, Lots and Their Boundaries are to be determined for the future.

III. But whereas by the unskillfulness of former Surveyors and Neglect of the Proprietors, the Course of the Streets and Bounds of Squares and Lots were never properly ascertained by which many Houses are misplaced, some encroaching upon the Streets and others upon the Lots of their Neighbours; For Remedy whereof, Be it Enacted, by the Authority aforesaid, That all such Houses as are now built either wholly, or in Part, upon the streets shall be allowed to remain so until they decay and fall to ruin; but as soon as the Owner of such House or Houses may resolve to repair or rebuild the same the Street or Streets shall be by him cleared of all Rubbish and he be obliged to build such house or Houses upon his or their Lot or Lots, under the Penalty of Fifty Pounds, Proclamation Money, to be recovered and applied as is hereinafter directed: And where any Owner or Proprietor has the Whole or any Part of his House or Houses on his Neighbor's Lot or Ground, in such Case it shall and may be lawful for the Party so injured, by being deprived of Part of his Lot or Ground by his Neighbour's House, or any Part of it being Built upon his, to give Notice in Writing, to the Owner or Proprietor of such House or Houses to remove what part of the same is on such Person's Lot or Ground in Six Months after Date; which he shall be obliged to do under Penalty of Fifty Pounds, Proclamation Money; to be recovered in the Supreme Court of this Province, by the Party so injured, and to be applied to his proper Use and to no other Purpose whatsoever: Nevertheless, the Owner or Proprietor of a House or Houses having Brick Chimneys, or Brick Cellars, may be at Liberty, and he is hereby allowed, to pay a Ground Rent for what Part he encroaches upon his Neighbour, where Notice or Warning was not before given of such Incroachment; which Rent and all Disputes arising about Incroachments and Damages upon Lots already committed, shall be determined by the Commissioners of the said Town, to be chosen as hereinafter directed.

IV. And be it further Enacted, by the Authority aforesaid, That every Complaint of Nusances, by Lumber or Rubbish Lying upon the Streets, or Wharfs, Dangers of Fire, arising from Wooden Chimneys, or any such hazardous Buildings, shall be determined by the Commissioners as aforesaid.

V. And that proper Care may be taken in the Choice of Commissioners. Be it Enacted by the Authority aforesaid, That the Election of Commissioners shall be, Yearly, and every Year, by the Freeholders of the said Town by Ballot, as directed in the Law for Regulating the Elections of Members of Assembly, and that the Number of Five and no more, shall be chosen Commissioners Annually, every New Year's Day, except when such Day falls upon Sunday, in which Case the Election to be on the Monday following;

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and two Persons to be chosen by the Majority of the Inhabitants as Inspectors of the Ballot shall attend and declare who are duly elected Commissioners, in the same Manner as in the Law for Regulating Elections of Assembly: And that upon the said Five Commissioners being chosen, and their Names properly entered in the Journal of the Proceedings of the Town, they shall, before they enter upon their Office take the following Oath:

I, A. B. do forever swear, That I will execute the Office of Commissioner, faithfully and truly, without Favour or Affection or Prejudice; and in all Things Act for the Good of the said Town, and the well governing of it, to the best of my skill and Judgment. So help me God.

VI. And that the said Town of Wilmington may be more regularly supplied with Provisions, Be it Enacted, by the Authority aforesaid, That Thursdays and Saturdays in every Week are hereby appointed Market Days for all kinds of Provisions and Goods whatsoever; and the Commissioners of the said Town, for the Time being, are hereby impowered to pass such Orders as they may judge proper, for the better regulating the said Markets, for preventing tainted or unwholesome Provisions being sold, for the better bringing to Justice, or prosecuting according to Law in the Civil courts of this Province, all Forstallers of the Market, private Marketing or buying or dealing with Negroes bringing Provisions or other Goods without proper Tickets from their Masters, Mistresses or Overseers, for preventing all irregular Mobbs and Cabals by Negroes and others, especially on Sundays, for the more effectually bringing to Justice all such Criminals and Offenders against the Laws of this Province, and also for preserving the Peace and Safety of the said Town, and also for preserving the Peace and Safety of the said Town, by appointing proper Guards or Watches in the said Town, as often as they see proper, so as one of the Commissioners shall always be of the Number to make up the said Watch, by giving his attendance in the Town-house, to be ready on all Occasions of Riots and Disturbances, or to prevent Malefactors breaking the Prison or Gaol, and in all Things to act for the Good and Safety of the said Town, and the proper Government of it, consistent with the Laws and Customs of this Province.

VII. And forasmuch as the Inhabitants of the said Town were at a considerable Expence in building a Town-house, or Court-house, in the said Town by a voluntary Contribution; Be it Enacted, by the Authority aforesaid, That the Commissioners and the Inhabitants, shall have free Liberty to hold all their Public Meetings on all Occasions in the Court-house and have the Liberty of a Key to the same.

VIII. And whereas many Streets in the said town are impassable and dangerous, for want of proper Bridges and Water-Courses, and proper Shambles or a Market-place is also wanted in the said Town; Be it Enacted by the Authority aforesaid, That the Commissioners, or the Majority of them, for the Time being, may, and they are hereby impowered to lay a Tax on all Male Taxables in the said Town, Yearly, towards defraying the necessary Charges, or any which may arise by holding Watches, building or repairing Public Wharfs, or Bridges, or other Public Charges, which may be agreed upon at the Yearly Public Election by the Majority of the Inhabitants of the said Town, so as such Yearly Tax does not exceed One Shilling and Six Pence, Proclamation Money.

IX. And be it further Enacted, by the Authority aforesaid, That any Person being chosen Commissioner for the said Town and refusing to act, the other Commissioners, or the Majority of them, shall choose another in his Room.

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X. And be it Enacted, by the Authority aforesaid, That all Fines and Forfeitures, mentioned in this Act, unapplied, shall be levied and applied to the Public Fund or Stock of the said Town.

XI. And be it further Enacted, by the Authority aforesaid, That the Commissioners are hereby impowered to issue their Warrant, at least Twice a Year to the Constables, to warn all the Male Taxables to clear and repair the Streets, or make or mend the Public Wharfs, Docks, or Slips, and also to appoint Overseers; and any Person neglecting or refusing to work as directed in the Warrant, or to furnish a good and sufficient Hand in their Place, shall forfeit and pay Two Shillings and Eight Pence, Proclamation Money, per Day, for every such Refusal or Neglect; to be recovered in the same Manner as the Commissioners of the Roads are impowered by Law: Which Money so recovered, shall be applied towards hiring Labourers in their Place and Stead, and to no other Purposes whatsoever.

XII. And be it further Enacted, by the Authority aforesaid, That the Inhabitants of the said town, shall, and they are hereby, forever hereafter, excused from all work on the Country Public Roads during such time as they live in the said Town, and no longer.

XIII. And whereas many Lots are not yet cleared, nor proper Drains or Runs made, in many Places in the Parts of Town where there are most Inhabitants, to the Manifest Injury and Unhealthiness of the said Town, Be it therefore Enacted, by the Authority aforesaid, That the Commissioners for the Time being, or the Majority of them, may and they are hereby impowered to Order the Proprietors of any Lot or Lots to clear all, or any Part of them, and to make proper Drains or Water-Courses through them, in Six Months after such Order, signed by the Commissioners for the Time being, or the Majority of them; and any Person refusing or neglecting to comply with the same, shall forfeit and pay Twenty Shillings, Proclamation Money.

XIV. And whereas all Dangers arising from Fire in the said Town are very great and a Necessity appears for Providing a Water-Engine, Buckets, Ladders and other Instruments, necessary on such Occasion; Be it Enacted by the Authority aforesaid, That every House in the said Town shall be valued, after the Expiration of Two Years next after the Ratification of this Act, by the Commissioners, who are hereby impowered to lay a Tax on the Owner or Proprietor of such House or Houses, at so much per cent. so as such Tax does not exceed Two per Cent., Proclamation Money; which Money so laid and collected shall be applied towards purchasing one or more Water-Engines, Buckets, Ladders and other Instruments for extinguishing Fire; as also for an Alarm or Town Bell: Which Instruments shall be under the Care and Direction of the Commissioners for the Time being, to be ready on all Occasions of Fire.

XV. And to supply the want of Commissioners at present, Be it Enacted, by the Authority aforesaid, That the Inhabitants of the said Town be and are hereby impowered and authorized to meet, on the Second Tuesday in May next and choose Five Commissioners to act 'till New Year's Day next, and no longer.

XVI. And be it further Enacted, by the Authority aforesaid, That if at any Time, Twenty Days after the Ratification of this Act any Tavern-keeper, Ordinary-keeper, or any other Person or Persons whatsoever, selling Liquor or keeping a Public House in the said Town shall suffer any Person or Persons whatsoever to sit tippling or drinking in his House in Time of Divine Service on the Sabbath Day; or shall suffer any Person or Persons to get drunk in his House on the Sabbath Day; such Person or Persons so offending shall forfeit

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and pay for every such Offence the Sum of Twenty Shillings, Proclamation Money.

XVII. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons whosoever in the said Town, shall one Month after the Ratification of this Act, on any Pretence whatsoever, give any Credit, Loan, or Trust, to any Mariner or Seaman, belonging to or under the Command of any Master of a Vessel that now is, or shall at any Time hereafter, arrive in the River of Cape Fear, exceeding the Sum of Two Shillings and Eight Pence, Proclamation Money, except by the leave or Licence of the Master or Commander of the Vessel he belongs to, or where such Sailor or Mariner shall have left the Ship or Vessel to apply to the Courts of Justice in any Dispute or Controversy with the Captain or Commander of such Ship or Vessel; that then and in such Case, he, she, or they, shall for every such Default, lose all the Monies and Goods so trusted or credited.

XVIII. And be it further Enacted, by the Authority aforesaid, That if any person or Persons whosoever, shall willingly and knowingly, entertain, harbour or keep, or suffer to be entertained, harboured, or kept directly or indirectly, any Seaman belonging to any Vessel as aforesaid in his, her, or their House or Houses, exceeding the Space of Six hours, without the Privity or Consent of his, or their Commander, (except as in the Case before excepted), he, she, or they, so offending shall forfeit and pay the Sum of Forty Shillings, Proclamation Money, for every such Offence.

XIX. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall think him or themselves injured, by any Determination of the said Commissioners, such Person or Persons may appeal to the Justices of the County Court; who are hereby impowered to determine the same in a Summary way.

XX. And be it further Enacted, by the Authority aforesaid, That all Fines and Forfeitures mentioned in this Act, not exceeding Five Pounds, Proclamation Money, shall be recovered by a Warrant, under the Hands and Seals of the Commissioners, or a Majority of them for the Time being, directed to the Constable or Bailiff of the said Town, to be by him levied on the Goods and Chattels of the Delinquent and Public Sale to be made of so much of the same, after Ten Days Notice first given of such Sale, as will discharge the said Sum or Sums and the Overplus, if any, to be returned to the Owner; and that all other Fines and Forfeitures mentioned in this Act, for any Sum above Five Pounds, Proclamation Money, shall be recovered by the Commissioners, or the major Part of them, or the Survivors of them, in any Court of Record of this Province, by Action of Debt, Bill, Plaint, or Information, wherein no Essoign, Injunction, or Wager of Law, shall be allowed or admitted of; and that the Fines and Forfeitures by them so recovered and not hereinbefore particularly appropriated, shall be applied and paid into the Stock of the said Town.

XXI. And be it further Enacted, by the Authority aforesaid, That if any of the Commissioners chosen by virtue of this Act shall die, or leave the Province, it shall and may be lawful for the Inhabitants to meet and choose as before directed, a Commissioner or Commissioners, in Place of him or them so dying or leaving the Province; and such Commissioner or Commissioners so chosen and elected, shall possess and enjoy the same Power and Authority as any other of the Commissioners, chosen as before directed; anything in this Act to the contrary, notwithstanding.

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CHAPTER XI.
An Act for Fencing the Town of Bath and re-surveying the Common belonging to the said Town and exempting the Inhabitants from working on the Main Roads; and to give Liberty to the Inhabitants to build on and improve the Front of Water Lots, and to appoint Commissioners for the Purposes aforesaid.

I. Whereas the enclosing and fencing the Town of Bath will be not only commodious to the Inhabitants but convenient to Travellers passing that Way:

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 by the Authority of the same, That the Inhabitants of Bath Town, at their own proper Costs and Charges, shall be obliged to make and keep in good Repair, a good and sufficient Fence, with one large Gate fit for carts to pass through, and one lesser gate, fit for Men and Horses to pass through.

III. And be it further Enacted, by the Authority aforesaid, That the Commissioners hereafter appointed, or the Majority of them, are hereby directed and impowered to hire and employ workmen, to make up or repair the said Fence and Gates, when the Majority of them shall find it necessary and to compute the charge of making and repairing the same on the first Tuesday in May, Yearly, after the Ratification of this Act; And for defraying the said Expence the Commissioners hereafter named are hereby authorized and impowered to lay a Tax or Levy on each Taxable in the said Town, for paying the said Charge not exceeding the Sum of Two Shillings and Eight Pence, Proclamation Money, Yearly.

IV. And be it further Enacted, by the Authority aforesaid, That if any of the Inhabitants of the said Town of Bath, or any other Person or Persons holding or possessing Lots therein, shall neglect or refuse to pay the said Tax or Levy so laid by the Commissioners as aforesaid, that then, and in such Case, the Commissioners for the Time being, or the Majority of them, are hereby impowered to sue for and recover the same by Warrant from any Justice of the Peace for the County of Beaufort.

V. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall pull down, take away, or by any Means destroy any of the Rails of the said Fence, or any Part thereof and shall be thereof lawfully convicted, by the Oath of one credible Witness before one or more Justices of the Peace, he, she, or they so offending, shall forfeit and pay into the Hands of the Commissioners for the first Offence the Sum of Twenty Shillings, Proclamation Money; and for the Second offence, being thereof lawfully convicted, as aforesaid the Sum of Forty Shillings, Proclamation Money, to be recovered by the Commissioners by a Warrant from Two Justices of the Peace: Which Money so by them recovered, shall be by them applied towards repairing the said Fence.

VI. And forasmuch as the Inhabitants of the said Town know not exactly the Bounds of their several and respective Lots; to prevent Disputes for the future, Be it further Enacted, by the Authority aforesaid, That the Commissioners hereafter named, or the Majority of them, are hereby required and impowered to employ the Surveyor-General, or his Deputy, to re-survey the said Town as near as possible to the old Plan, that no Person may be Damaged thereby; and the Commissioners are hereby impowered to lay a Tax or Levy on each Lot, not exceeding Two Shillings and Eight

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Pence, Proclamation Money, to pay the Expence of surveying the same; which Money shall be paid by the Owners of the said Lot or Lots, into the Hands of the Commissioners: And every Owner or Owners of such Lot or Lots so surveyed are hereby obliged to set up Posts or Stones for Land-Marks in Presence of some of the Commissioners, at the Time of surveying the same, under the Penalty of Forty Shillings, Proclamation Money; to be recovered and applied in the same Manner as other Fines in this Act are before directed to be recovered and applied.

VII. And be it further Enacted, by the authority aforesaid, That the Common belonging to the said Town be also surveyed at the Expence of the Inhabitants of the said Town; and that proper Land Marks be set on the Bounds of the same, that Persons may know where the same are, and not commit Trespass on the Lands adjoining.

VIII. And be it further Enacted, by the Authority aforesaid, That the Inhabitants of Bath Town be, and are hereby exempted from working on the Public Roads; Provided that the said Inhabitants keep the Town inclosed, in Manner aforesaid and their Streets and Lots clear of all Incumbrances whatsoever.

IX. And be it further Enacted, by the Authority aforesaid, That all Persons which have or which hereafter shall take up any of the Front or Water Lots in the said Town are hereby impowered to improve the same by building and erecting Warehouses and Stores, or other Buildings, as to them shall be most convenient, for carrying on their Trade and Commerce.

X. And be it further Enacted, by the Authority aforesaid, That Capt. Michael Coutanch, Col. Benjamin Peyton, Mr. John Rieussett, Mr. Robert Boyd and Mr. Daniel Blinn, be and are hereby appointed Commissioners for the said town of Bath, with power and Authority to sue for and recover, of and from any Person or Persons who shall refuse to pay their proportionable Part of the Charges arising and becoming due for any of the Purposes aforesaid; and on Death or Removal of any of the above Commissioners, the Majority of the Commissioners shall choose others in the Room and Stead of those so dying or removing.

CHAPTER XII.
An Act to encourage Persons to settle in the Town of Brunswick on the Southwest Side of Cape Fear River.

I. Whereas Maurice Moore, late of Cape Fear, Esq., deceased, appropriated and laid out a certain Parcel of Land, containing Three Hundred and Twenty Acres, on the Southwest side of Cape Fear, for a Town and Common, for the Use of the Inhabitants of the said Town; which said Town is called Brunswick; and the Honourable Roger Moore, Esq., to make the said Town more regular added another Parcel of Land to the said Town and a great Part of the said Lands was laid out into Lots, of Half an Acre each many of which are taken up and good Houses built thereon and proper Places were appointed and given by the said Maurice Moore for a Church, Courthouse and Burial Place, Market House, and other Public Buildings: And whereas, by Reason of the Death of the said Maurice Moore and of John Porter of Cape Fear, Esq., who claimed to hold part of the said Lands laid out for a Town by Grant from the said Maurice Moore, it is not certainly known to whom the said Lands belong so that sure Titles may be had to the Lots as yet unsold, which is a great Discouragement to the settling

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the said Town: And whereas the Trade of Cape Fear River consists in Naval Stores, Rice and Lumber, Commodities of great Bulk and small Value, all due Encouragement ought to be given to large Ships to come into the said River, to take off the said Commodities; and as all large Ships which come into the said River, are obliged to lie at Brunswick and that Town, for want of a sufficient Number of Inhabitants, and by Reason of the easy Navigation Thereunto, is much exposed to the invasion of Foreign Enemies in Time of War and Pirates, in Time of Peace nothing can be a greater Encouragement to Ships to come there, than a Certainty of being well supplied with Necessaries, and well secured during the Time they lie there which can no way be better done than by Increasing the Number of the Inhabitants of the said Town: For the effecting of which and remedying the Inconveniences above mentioned, and settling and securing the Titles to the said Lots in the said Town,

II. We pray your Most Sacred Majesty 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 Asembly of this Province and by the Authority of the same, That the said Lands appropriated and laid out for a Town and Common, by the said Maurice Moore and Roger Moore be, and they are hereby declared to be from henceforward, invested in the Honourable Edward Moseley and Roger Moore, Esqrs., and William Dry, John Wright and Richard Quince, Merchants, in Fee, to and for the Trust and Purposes herein after mentioned and their Successors, as Commissioners for the Town of Brunswick; to be disposed of in Manner and Form as hereinafter directed.

III. And be it further Enacted, by the Authority aforesaid, That on the Death or Departure of any of the said Commisioners out of this Province at any time hereafter, the remaining Commissioners, or the majority of them, are hereby fully impowered and authorized, to elect and choose some other Person or Persons to succeed such Commissioner or Commissioners, so dying or departing as aforesaid, which Person or Persons so elected or chosen, shall be and they are. hereby invested with as full Power and Authority, to all Intents and Purposes as if they had been particularly named in the Act.

IV. And be it further Enacted, by the Authority aforesaid, That the Honourable Roger Moore, Esq., shall be Treasurer and Receiver of all the Monies arising, or to arise, by the sale of the said Lots; and on his Death or Departure out of this Province, then the Majority of the Commissioners to choose another, he giving Security, to the said Commissioners, that he will be accountable for all the Monies which he shall receive for the said Lots.

V. And be it further Enacted, by the Authority aforesaid, That the said Commissioners, or any Three of them, as soon as they conveniently can, shall lay out so much of the said Lands, fronting the River, for a Town, into Lots of half an Acre each, with convenient Streets and Passages, as they shall think sufficient, and the Remainder thereof not laid out into Lots, shall be and it is hereby declared to be a Common, for the Public use of the Inhabitants of the said Town; a Plan of which Town and Common, the Commissioners shall record in the Secretary's Office by which Plan so recorded, all Disputes hereafter concerning the Lots, Streets, Passages of the said Town and also the Common, shall be decided.

VI. And be it further Enacted, by the Authority aforesaid, That if the said Commissioners, or the Majority of them, shall think the Places already laid out for a Church, Burial Place, Market-house and other Public Buildings,

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not convenient for the said Uses, that then the said Commissioners, or the Majority of them, shall lay out and appropriate such other Places for the Uses aforesaid, as they shall think most convenient.

VII. And be it further Enacted, by the Authority aforesaid, That every Person who is willing or desires to be an inhabitant of the said town, shall have liberty to take up any Lot or Lots so laid out as aforesaid, and not before taken up, paying into the Treasurer or Receiver for the Time being, the Sum of Three Pounds, Proclamation Money; which Lot or Lots the Commissioners aforesaid, or any Three of them, are hereby required, directed and impowered, to grant and convey to the Person so taking up the same and to his Heirs and Assigns forever; Forty Shillings whereof shall be paid by the said Treasurer to such Person or Persons, his or their Heirs, who hath the Title to the said lands, and Twenty Shillings Remainder thereof, to the Church Wardens of St. Phillip's Parish, in New Hanover County; to be disposed of as the Vestry of the said Parish shall direct.

VIII. Provided always, That if any Person shall take up or purchase any Lot in manner as before directed, and shall not build thereon within Two Years after the Date of the Conveyance for the said Lot a good substantial habitable House, of the Dimensions of Twenty Feet long and Sixteen Feet wide, without Shed, or make such preparation for so doing as the Commissioners, or the Majority of them, shall judge Reasonable, then every such Conveyance shall be null and void, to all Intents and Purposes, as if the same had never been made; and any other Person or Persons shall have free Liberty to take up the said Lot or Lots, in the same Manner as before is directed, as if the same had never been before taken up.

IX. And be it further Enacted, by the Authority aforesaid, That all Money arising by such Second or other Sale of the said Lot or Lots, shall be paid by the Treasurer or Receiver, to the Church Wardens of St. Phillip's Parish aforesaid, to be disposed of as the Vestry of the said Parish shall direct.

X. And be it further Enacted, by the Authority aforesaid, That the Commissioners, or the Majority of them, shall have full power and authority, and they are hereby authorized and impowered to sell and convey, in Manner aforesaid, one or more of the said Lots, as they shall find necessary; and apply the Money arising by the Sale of the said Lots, to defray the said Charges they shall be at in surveying and laying out the said Lots and Common, and making and recording the Plan thereof.

XI. And be it further Enacted, by the Authority aforesaid, That every Person who is now seized and possessed of any Lot, and hath by himself, or those under whom he claims, been so seized or possessed for Seven Years last past, and cannot produce any Title to the same, shall make it appear to the Commissioners, or the Majority of them, that he purchaseed the said Lots, bona fide; and if the said Commissioners, or the Majority of them, shall be satisfied that he purchased the said Lots, bona fide, then they shall give him a Certificate thereof, under their Hands and Seals: Which Certificate being registered in the Register's Office of New Hanover County, shall be a sufficient Title against all Titles bearing Date after Ratification of this Act; and where any Lot doth belong to any Person deceased, his Executors or Administrators shall have the same Liberty or Privilege.

XII. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons, possessed of any of the said Lots, die without Heirs,

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or shall not make Disposition thereof by Will, or otherwise, then and in such Case, the said Lot or Lots shall revert to the said Commissioners; and shall be sold by the Commissioners aforesaid, for as much as they can get; and the Money arising by such sale, shall be disposed of by them for the use of the said Town.

XIII. And for the Better Encouragement of Persons to settle in the said Town, Be it Enacted by the Authority aforesaid, That from and after the Ratification of this Act, all Vestries for the said Parish, shall be made and held in the Town of Brunswick, and at no other Place whatsoever.

XIV. And be it further Enacted by the Authority aforesaid, That the Church of St. Phillip's aforesaid, shall be built in the said Town of Brunswick.

XV. And be it further Enacted by the Authority aforesaid, That the Commissioners aforesaid, or any Three of them, shall have full power and Authority, and they are hereby authorized and impowered to remove all Nusances, or what they shall judge Nusances, within the Limits of the said Town, and shall not suffer any Person, Owner of any Lot or Lots in the said Town, to inclose the same with a Common Stake Worm Fence; but every Person who will inclose a Lot or Lots, shall inclose the same with Pales, or Post and Rails set up; and if any Person or Persons after Notice given, shall not take away and remove such Stake or Worm Fence, then, and in such Case, the said Commissioners, or any Three of them, shall order the same to be taken away at the Costs and Charges of the Person who is in Possession of the said Lot or Lots: And if the Possessor refuses to pay for the same, Then any Three of the Commissioners aforesaid, are hereby impowered and authorized to grant a Warrant, under their Hands and Seals, directed to the Constable of the said Town, to levy the same, by Distress and Sale of the Offender's Goods, returning the overplus to the Owner; and the said Constable is hereby required to execute the said Warrant.

XVI. And be it further Enacted, by the Authority aforesaid, That all and every Person and persons, Possessors or Owners of any Lot or Lots in the said Town, shall within one Year after the Ratification of this Act, clear all and every such Lot and Lots by them held or possessed, of all Wood, Underwood, Brush or Grubbs, growing, standing, or being on the said Lots.

XVII. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons, Possessor or Owner of any Lot or Lots in the said Town; shall omit or neglect to clear the same, as above directed, within the Time above limited, and keep and maintain the same so cleared, then, and in such Case, the Commissioners, or any three of them shall cause the same to be cleared, at the Costs and Charges of the Party Offending; and if the Party so Offending, shall, upon Demand made, refuse to pay such Sum or Sums as the Commissioners, or any Three of them, shall order, for clearing the same, then the said Commissioners or any Three of them, shall issue a Warrant under their Hands and Seals, to the Constable of the said Town, to levy the same by distress, and sale of the Offender's Goods, returning the Overplus, after all Charges are paid.

XVIII. And be it further Enacted, by the Authority aforesaid, That if at any Time, after Twenty Days after the Ratification of this Act, any Tavern keeper, Ordinary-keeper, or any other Person or Persons whatsoever, selling Liquor, or keeping a Public House in the said Town, shall suffer any Person or Persons whatsoever to sit tippling or drinking in his House in time of Divine Service on the Sabbath Day, or shall suffer any Person or Persons to get drunk in his House on the Sabbath, such Person or Persons so offending,

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shall forfeit and pay for every such Offence, the Sum of Ten Shillings, Proclamation Money.

XIX. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons whatsoever, in the said Town, shall one Month after the Ratification of this Act, on any Pretence whatsoever, give Credit, Loan, or Trust, to the Mariner or Seaman, belonging to or under the Command or Master of any Vessel that now is, or shall at any Time hereafter, arrive at Brunswick, above the Sum of Two Shilings and Eight Pence, Proclamation Money, except by the leave or Licence of the Master or Commander of the Vessel he belongs to or where such Sailor or Mariner shall have left the Ship or Vessel to apply to the Courts of Justice, in any Dispute or Controversy with the Captain or Commander of such Ship or Vessel; that then, and in such Case, he, she, or they, shall for every such Default, lose all the Monies and Goods so trusted or credited.

XX. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons whatsoever, shall willingly and knowingly, entertain, retain, harbour, or keep, or shall, directly or indirectly, suffer to be entertained, retained, harboured, or kept, any Seaman or Mariner, belonging to any Vessel aforesaid, in his, her or their House or Houses, exceeding the Space of Six Hours, without the Privity and Consent of his or their Master or Commander (except as in the Case before excepted), he, she or they so offending, shall forfeit and pay the Sum of Forty Shillings, Proclamation Money, for every such Offence.

XXI. And be it further Enacted, by the Authority aforesaid, That if any Person who keeps a Public House, shall, after the Ratification of this Act, entertain, retain, harbour, or keep, or suffer to be entertained, retained, harboured, or kept, any Seaman, or Mariner, belonging to any Vessel as aforesaid, after Eight of the Clock, in the Winter, at Night, and Nine of the Clock, in the Summer, at night, except the Seaman or Mariner hath Leave from his Master or Commander, in Writing, to be on Shore (except as in the Case before excepted), he or she so offending, shall forfeit and pay the sum of Ten Shillings, Proclamation Money, for every such Offence.

XXII. And be it further Enacted, by the Authority aforesaid, That in Case any Person or Persons whatsoever shall be sued or molested for any Thing done in the Execution of this act, he, she or they, shall and may plead the General Issue, and give this Act in Evidence; and the Judge or Judges shall allow thereof.

XXIII. And be it further Enacted, by the Authority aforesaid, That all Penalties and Forfeitures by this Act made and Imposed shall be, one Half to the Vestry and Churchwardens of St. Philip's Parish aforesaid, and the other Half to him or them who will sue for the same; to be recovered by a Warrant from any one Justice, if the Sum doth not exceed Twenty Shillings, Proclamation Money; and if the Penalty or Forfeiture exceed the Sum, then by a Warrant from any Two Justices.

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