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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1747
North Carolina. General Assembly
February 25, 1747 - March 07, 1747
Volume 23, Pages 268-272

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LAWS OF NORTH CAROLINA, 1746.

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

CHAPTER I.
An Act for appointing Commissioners to Revise and Print the Laws of this Province, and for granting to his Majesty, for defraying the Charge thereof, a Duty on Wine, Rum and distilled Liquors and Rice imported into this Province.

I. Whereas for want of the Laws of this Province being revised and printed, the Magistrates are often at a Loss how to discharge their Duty, and the People transgress many of them through want of knowing the same: Wherefore,

II. We pray it may be Enacted, And be it Enacted, by his Excellency Gabriel Johnson, 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 Honourable Edward Moseley, Esq.; Samuel Swann, Esq.; the Honourable Enoch Hall, Esq.; and Mr. Thomas Barker, or the Majority of them, be, and they are hereby nominated and appointed Commissioners, to revise and print the several Acts of Assembly in Force in this Province.

III. And be it further Enacted, That the said Commissioners shall revise the said Acts of Assembly, and compile them in one Body, and make an Index, Marginal Notes, and References thereto, and shall lay the same before the next succeeding General Assembly after they shall have so revised and compiled them, to be ratified and confirmed; and such only of the said Commissioners as shall revise the Laws, shall have and receive for their Trouble in revising and compiling the said Acts, the Sum of Sixty Pounds, Proclamation money; to be paid by the General Assembly, out of the Duty on Wine, Rum, and distilled Liquors, and Rice, arising and made by Virtue of this Act.

IV. And be it further Enacted, That after the said Acts shall be revised and compiled by the said Commissioners, or the Majority of them, as aforesaid, and ratified and confirmed by the General Assembly, the same shall, with all convenient Speed, be printed, by the several Commissioners, or the Majority of them, who shall furnish and deliver several Books of the said

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Laws, well bound, and Lettered on the Back, to the several Officers, Offices, and Courts, hereinafter mentioned; that is to say, One to his Excellency the Governor, One for the use of his Majesty's Council, One for the use of the General Assembly, One for the use of the Secretary's Office, One for the use of the General Court, and One to each and every County Court respectively in this Province: And such only of the said Commissioners who shall revise the Laws as aforesaid, shall have and receive, for printing the said Acts, and furnishing and delivering the several Books aforesaid, the Sum of One Hundred Pounds, Proclamation Money; to be paid by the General Assembly, out of the Money arising by the Duty before mentioned; and also, the Benefit and Advantage of the sole Printing and Vending the Books of the said Laws, for and during the Space or Term of Five Years; and shall not take or receive above the sum of Fifteen Shillings, Proclamation Money, for each Book by them so printed.

V. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall import into this Province, any printed Book or Books, or shall sell, or offer to Sale, any Printed Book or Books of the said Laws, within the Term of Five Years, without the Licence of the said Commissioners, their Heirs or Assigns, other than such as shall be printed by the Order, and Approbation of the said Commissioners, their Heirs or Assigns, such Person or Persons shall forfeit and pay, to the said Commissioners, their Heirs or Assigns, the Sum of Five Pounds, Proclamation Money, for each and every Book so imported, sold, or offered to Sale, contrary to the true Intent and Meaning of this Act; to be recovered in the same Manner as other Forfeitures in this Act.

VI. And be it further Enacted, by the Authority aforesaid, That if any Surplus of the Money arising by Virtue of this Act, shall remain, after the Payment of the said several Sums to the Commissioners aforesaid, for revising and compiling, printing, furnishing, and delivering the said several Books aforesaid, the same shall be applied, by the General Assembly, for and towards discharging the Public Debts of this Province.

VII. And be it further Enacted, by the Authority aforesaid, That the several Books of the Laws, revised and printed by the said Commissioners, or the Majority of them, as aforesaid, shall be allowed to be given in Evidence in all and every of the Courts of Judicature in this Province, and before any Magistrate or Magistrates, in any Matter or Controversy depending before them.

VIII. And for furnishing the Commissioners aforesaid, with a true and perfect Copy of the said Laws, Be it Enacted, that the Secretary of this Province shall make out and deliver, to the said Commissioners, or the Majority of them, a true and perfect Copy of the said Laws now in Force, and the Titles of such as have been repealed or become obsolete, which shall be by the said Commissioners, or Majority of them, examined with the Original; for which Copy, and for transcribing and sending Copies of this Act to the several Receivers of the Duties laid in this Act, (which he is hereby required immediately to do,) he shall have and receive the Sum of Twenty Pounds, Proclamation Money, to be paid by the General Assembly, out of the Money arising by Virtue of this Act.

IX. And for raising the said several Sums of Money, hereinbefore mentioned to be paid to the said Commissioners, for revising the said Acts, and printing and delivering the said several Books aforesaid; Be it Enacted, by the Authority aforesaid, That for every Gallon of Wine, Rum, and other distilled Liquors, which, from and after the first Day of May, next after the Ratification of this Act, shall be imported or brought into this Government, from any Port or Place, (Great Britain excepted,) either by Land or Water, the Duty of Three Pence, Proclamation Money or Bills equivalent, or the value thereof in the same Liquor for which the Duty is payable, at the Rate of Two Shillings and Eight Pence, Proclamation Money, per Gallon, provided the Sum payable amounts, in the whole to, and is payed in, a full Cask of the said Liquors, containing Fifteen Gallons, which shall be sold at Public Vendue, to the highest Bidder, for ready Money, first giving Ten Days' Notice of such Sale; and also, the Duty of Three Shillings and Four Pence, Proclamation Money, for every Hundred Pounds of Rice, that shall be imported as aforesaid, shall be paid by the Importer or Owner of the

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same, until the First Day of May, which shall be in the Year of Our Lord One Thousand Seven Hundred and Forty Nine, and no longer.

X. And be it further Enacted, That no Wine, Rum, or other distilled Liquors, or Rice, shall be landed, put on Shore, or any other way delivered, out of the Vessel importing the same, before due Entry, on Oath, made thereof, with the Officer or Officers in this Act hereafter appointed, for receiving of the Duties in the Port or Place wherein the same shall be imported, or before the said Duty shall be fully satisfied and paid, or secured to be paid, and a Permit had, under the Hand of the Officer or Officers, for landing or Delivery thereof; and that all Liquors or Rice landed or put on Shore contrary to the Directions, and true Intent and Meaning of this Act, or the Value thereof, shall be forfeited; One Half to his Majesty, for the Use of the Public, and the other Half to him or them who will inform or sue for the same; to be recovered as in this Act hereafter is directed.

XI. And be it further Enacted, That any Person or Persons, bringing any Wine, Rum, or any distilled Liquors, exceeding one Gallon of Wine, Rum, or any distilled Liquors, or above One Hundred Weight of Rice, from any other Colony in this Province, by Land, shall, in Ten Days after he or they have or hath lodged or housed the same, make a due Report, on Oath, of the Quantity of such Wine, Rum, or any distilled Liquors, or Rice, by him or them brought in, to the Officer or Officers of the respective Ports appointed by this Act to receive the Duty; and on Default thereof, shall forfeit Three Pounds, Proclamation Money; to be applied and recovered as aforesaid.

XII. And be it further Enacted, That if any Person or Persons shall pay any of the Duty or Custom aforesaid in Silver or Gold Coin, of his or their importation into this Government, to be proved by the Oath of the Party or Parties paying the same, such Person or Persons shall have an Abatement or Allowance on the Duty aforesaid so paid and satisfied, of Fifteen per Cent. and every Officer appointed in Virtue of this Act to collect the said Duty, are hereby authorized and required to make the same Allowance or Abatement accordingly.

XIII. And be it further Enacted, by the Authority aforesaid, That no Collector of any of the aforesaid Ports, shall clear any Ship, Vessel or Boat, before the Master shall produce a Certificate, signed by some one of the Receivers appointed in virtue of this Act, that he hath paid the Duties aforesaid of the Wine, Rum and other distilled Liquors, or Rice, imported by him into this Province, under the Penalty of Twenty Pounds, Proclamation. Money, to be recovered and applied as other forfeitures in this Act, relating to the collecting and paying the said Duties are to be recovered and applied.

XIV. And be it further Enacted, That the Officers appointed for collecting and receiving the said Duties, shall be allowed Six per Cent. for all such Sums they shall receive in Virtue of this Act.

XV. And be it further Enacted, That Mr. William Ross be, and is hereby nominated and appointed Receiver of the said Duty in the Port of Brunswick, and shall reside at Brunswick, to receive the said Duty on the said Liquors or Rice imported in such Vessel or Vessels which shall enter in the Port of Brunswick: And that Mr. Thomas Lovick, and Mr. James Macklewean, be, and are hereby nominated and appointed Receivers of the said Duty in the Port of Beaufort; to-wit, The said Thomas Lovick to reside at Core Sound, to receive the said Duty on the said Liquors and Rice, imported in such Vessel or

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Vessels which shall lade or unlade in Core Sound, or Bear Inlet; and the said James Macklewean shall reside at New Bern, and shall receive the Duty aforesaid on the said Liquors, and Rice, imported in such Vessel or

Vessels which shall lade or unlade in Neus River: And that Mr. Andrew Connor, be, and is hereby nominated and appointed Receiver of the said Duty in the Port of Bath: And that Mr. John Lovick, Mr. William Persons, Mr. James Wilson, and Mr. John Edwards, be, and are hereby nominated and appointed Receivers of the said Duty in the Port of Roanoke; who shall reside and keep their Offices in the several Places hereafter mentioned; to-wit, The said Mr. John Lovick at or near Eden House, or Edenton; Mr. John Edwards, in Northampton County; Mr. William Persons, in Granville County; Mr. James Wilson, at Bennett's Creek Bridge, in Chowan County: And Mr. Andrew Duke, is hereby nominated and Appointed Receiver of the said Duty in the Port of Currituck: Which said Receivers, respectively, shall give sufficient Security, payable to his Majesty, in the Sum of Two Hundred Pounds, Proclamation Money, for the Use of the Public, for his faithful Discharge of his Duty by this Act directed: And in Case of the Death, or Removal out of this Province or Refusal to Act, of all or any of the Receivers, it shall and may be lawful for the Governor or Commander in Chief, for the Time being, to nominate and appoint a Receiver or Receivers in the Stead of such Receiver or Receivers so dying, removing, or refusing to act; who shall give Security in the like Sum, and in the same Manner, for the faithful Discharge of his or their Office, as the Receivers in this Act nominated and appointed, are before required to give.

XVI. And be it further Enacted, That the said Receivers of the Duty aforesaid, shall account, on Oath, with the General Assembly, at each Session, and pay unto the said Assembly, all such Money as shall or may be by them, or any of them, received, after deducting their Commissions for receiving the same.

XVII. And be it further Enacted, That the Receiver and Receivers appointed, or that shall be appointed, in Virtue of this Act, to receive the said Duty in this Act mentioned, is and are hereby authorized and impowered, to enter or Board any Ship, Vessel, or Boat, and search the same, and from thence to take away any Wine, Rum, or any distilled Liquors, or Rice, for which the Duty aforesaid is not paid, or secured to be paid, within Ten Days after the entry of such Ship or Vessel, and to detain the said Wine, Rum, and distilled Liquors, and Rice, 'til the said Duty shall be paid, or secured to be paid; and also, at all Times, to go on Board any Ship, Vessel, or Boat, on Information, made, or if suspected, and search the same; and if any Wine, Rum, or any distilled Liquors, or Rice, shall, after the Entry of such Ship or Vessel, be found on Board, which hath not been duly entered, as in this Act is before directed it shall and may be lawful for the said Receiver to seize all such Wine, Rum, or any distilled Liquors, or Rice, and bring the same on Shore, and shall prosecute the said Seizure or Seizures as is in this Act directed.

XVIII. And be it further Enacted, That if any Receiver, appointed by Virtue of this Act to receive the Duty aforesaid, or any other Person or Persons for him, shall take or receive, directly or indirectly, any Bribe, Recompence, or Reward whatsoever, or shall connive at any false Entry of any Wine, Rum, or any distilled Liquors, or Rice, that shall be imported into this Province, either by Land or Water, whereby the Public may be defrauded, such Receiver so Offending, shall forfeit and pay the Sum of Fifty Pounds, Proclamation Money; to be recovered and applied as other Forfeitures in this Act, and shall be forever after disabled of holding any Office or Employment relating to the Custom of this Province, and the Person or Persons giving or paying any such Bribe, Recompence, or Reward, shall forfeit and pay the

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Sum of Fifty Pounds, Proclamation Money; to be recovered and applied in the same Manner as other Forfeitures in this Act.

XIX. And be it further Enacted, by the Authority aforesaid, That all Fines and Forfeitures in this Act mentioned, shall and may be sued for, and recovered, by Action of Debt, Bill, Plaint, or Information, in any Court of Record in this Government; wherein no Essoign, Protection, Injunction, or Wager of Law, shall be allowed or admitted.

CHAPTER II.
An Act to repeal a Clause in an Act, intituled, an Act for erecting the upper Part of Craven County into a County and Parish, and for appointing a Place for building a Court-house, Prison, and Stocks, in the said County; and the Clause in an Act, intituled, An Act for dividing Edgecomb County and Parish, and for erecting the upper Part thereof into a County and Parish, by the Name of Granville County, and St. John's Parish, and for appointing Vestrymen for the said Parish; which direct, That all Public, County, and Parish Levies, due from any of the Inhabitants of the said County of Granville, shall be collected by the Sheriff of Edgecomb County; and that all Public, County, and Parish Levies, due from any of the Inhabitants of Johnston, shall be collected by the Sheriff of Craven County, so far as may relate to the Taxes or Levies laid and made payable for the Year One Thousand Seven Hundred and Forty Six. Obs.

(Omitted.)

[Full text of this chapter is available at vol. 25. p. 236.]

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