powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Acts of the North Carolina General Assembly, 1748
North Carolina. General Assembly
March 18, 1748 - April 06, 1748
Volume 23, Pages 273-296

-------------------- page 273 --------------------
LAWS OF NORTH CAROLINA, 1748.

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

CHAPTER I.
An Act to appoint Public Treasurers.

I. Whereas, by the Laws of this Province, the Sheriff and other Persons concerned in the receiving and collecting of the Public Money, are directed and required to account with and pay the same to the General Assembly, and whereas, by Reason of the Shortness of the Sessions, there is not always Time perfectly to examine the Accounts of those who appear, or to send for them who neglect to appear, and account: Wherefore,

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 the General Assembly of the said Province, and by the Authority of the same, That Mr. Thomas Barker, be, and is hereby appointed Public Treasurer, for the Counties of Currituck, Pasquotank, Perquimons, Chowan, Tyrrell, Bertie, Edgecomb, Northampton, and Granville: And that Edward Moseley, Esq., be, and is hereby appointed Public Treasurer for the Counties of Craven, Carteret, Onslow, New Hanover, Bladen, Johnston, Beaufort, and Hyde: Which said Treasurers shall, before they enter upon their said Offices, respectively, give Bond, to our Sovereign Lord the King, his Heirs and Successors, in the Sum of Two Thousand Pounds, Sterling Money, for the Faithful discharge of their said Offices; which Bond shall be lodged in the Secretary's Office.

III. And be it further Enacted, by the Authority aforesaid, That the Sheriffs, and all other Persons, concerned in the Collecting or receiving Public money, within the respective Counties of Currituck, Pasquotank. Perquimons, Chowan, Tyrrell, Bertie, Edgecomb, Northampton, and Granville, shall, on or before the first Day of January, next ensuing, upon Oath account for, and pay to the said Thomas Barker

-------------------- page 274 --------------------
all the Money so by them respectively received, or which, by Law, they ought to have received, and were accountable for, before the first Day of September, in the Year of our Lord One Thousand Seven Hundred and Forty Five, under the Penalty of Twenty Pounds, Proclamation Money; and that all Persons within the said respective Counties, having any Public Money in their Hands, shall, upon Oath, account for, and pay the same, to the said Thomas Barker, on or before the said First Day of January, next ensuing, under the like Penalty of Twenty Pounds, Proclamation Money.

IV. And be it further Enacted, by the Authority aforesaid, That the Sheriffs, and all other Persons, concerned in the Collecting or receiving any Public Money within the said Respective Counties, shall, on or before the Tenth Day of July, in the Year of Our Lord One Thousand Seven Hundred and Forty Nine, upon Oath, account for, and pay to the said Thomas Barker all the Monies so by them received, or which, by law, they ought to have received, and are accountable, since the aforesaid first Day of September, in the Year of our Lord One Thousand Seven Hundred And Forty Five; under the Penalty of Twenty Pounds, Proclamation Money, And the said Thomas Barker shall attend at Edenton, to settle the several Accounts, and receive the Ballances thereon due, Four Days after the several Times herein appointed for the Sheriffs and other Persons to account and pay the several Sums due to the Public, and by them received.

V. And be it Enacted, by the Authority aforesaid, That the Sheriffs, and all other Persons concerned, or who have been concerned, in the collecting or receiving any Public Monies within the said respective Counties of Craven, Carteret, Onslow, New Hanover, Bladen, Johnston, Beaufort, and Hyde, shall on or before the first Day of January next, upon Oath account for, and pay to the said Edward Moseley, Esq., all the Money so by them respectively received, or which by law, they ought to have received, and were accountable for, from the first Day of September, in the Year of our Lord One Thousand Seven Hundred and Forty Five; under the Penalty of Twenty Pounds, Proclamation Money; And that all Persons within the said Respective Counties, having any Public Money in their Hands, and by them received, before the first Day of September, One Thousand Seven Hundred and Forty Five, shall, upon Oath, account for, and pay the same to the said Edward Moseley, on or before the said first Day of January, next ensuing, under the Penalty of Twenty Pounds, Proclamation Money.

VI. And be it further Enacted, by the Authority aforesaid, That the Sheriffs, and all other Persons within the said respective Counties last mentioned, concerned, or who have been concerned, in the collecting or receiving any public Money, shall, on or before the Tenth Day of July, One Thousand Seven Hundred and Forty Nine, upon Oath, account for, and pay to the said Edward Moseley, Esq., all the Monies so by them respectively received, or which, by Law, they ought to have received, and were accountable, since the aforesaid first Day of September, in the Year of our Lord One Thousand Seven Hundred and Forty Five; under the Penalty of Twenty Pounds, Proclamation Money: And that the said Edward Moseley shall attend at New Bern, to settle the several Accounts, and receive the Ballances thereon due, Four Days after the several Times appointed for the Sheriffs and other Persons to account and pay the several Sums due to the Public by them received.

VII. And be it further Enacted, by the Authority aforesaid, That all and every the Sheriffs, and other Persons, that shall be concerned in the collecting and receiving the Public Monies hereafter to be collected and received, within the several Counties in this Province, shall, within Two Months after the Time appointed by Law for their collecting or receiving thereof, upon Oath, account for, and pay the same to the Public Treasurer for such County respectively; under the Penalty of Twenty Pounds, Proclamation Money.

VIII. And be it further Enacted, by the Authority aforesaid, That the said Public Treasurers respectively, are hereby authorized, impowered, and required, to sue and prosecute all such Sheriffs, or other Persons, who have heretofore been, or shall hereafter be, concerned in the collecting or receiving the Public Money, or who have, or shall at any Time hereafter have, any of the said Money in Their Hands, within the said respective Counties, and shall neglect or refuse to account for and pay the same, at the Times, and in the Manner they are by this Act required and directed, on the Penalty in this Act mentioned; and also, on the several Bonds given by each and

-------------------- page 275 --------------------
every of the said Sheriffs or other Persons, in any of the said Respective Counties, for the due and faithful Performance of their several Offices or Duties; and the Clerks of the several County Courts, and every other Person or Persons having such Bond or Bonds, Account or Accounts, or other Papers, in his or their Keeping or Possession, is and are hereby directed and required to deliver the same to the Public Treasurer of such County where the said Bond or Bonds was or were given, or Account or Accounts, or other Papers, lodged when he shall demand the same.

IX. And be it further Enacted, by the Authority aforesaid, That the said Public Treasurers shall, from Time to Time, as often as required, upon Oath, account for, and pay to the General Assembly, all such Sums of Money as they respectively receive, by Virtue of this Act; for which Trouble they shall be allowed Five per Cent. on all the Monies by them respectively received, and paid into the Assembly, as aforesaid.

X. And be it further Enacted, That in Case of the Death or Departure out of this Province, or other legal disability of the said Treasurers, or either of them, hereby appointed, it shall and may be lawful for the Governor or Commander in Chief for the Time being, with the Advice of his Majesty's Council, to appoint and constitute any other Person or Persons in his or, their Place or Stead, to execute the said Office until the next Session of Assembly; such Person appointed giving such Bond and Security as hereinbefore directed.

XI. And be it Enacted, That the Penalties in this Act mentioned, shall be sued for and recovered in the General Court of this Province, by Action of Debt, Bill, Plaint, or Information; wherein no Essoign, Protection, Injunction, or Wager of Law, shall be allowed or admitted of: Two Thirds whereof shall be applied to the Use of the Public, and the other Third to such Treasurer who shall prosecute for the same.

XII. And be it further Enacted, That the Act, intituled, An Act for appointing a Treasurer for the several Counties therein mentioned, in the Room of William Downing, Esq., deceased, and all other Act and Acts, Clause and Clauses of Acts, so far as relates to the Sheriffs of the several Counties of this Province, and any other Person and Persons accounting for and paying to the General Assembly, any of the Public money by them respectively received, and the Penalty mentioned in them, or any of them, is and are hereby suspended, during the Time this Act shall continue in Force.

XIII. And be it further Enacted, by the Authority aforesaid, That this Act shall continue and be in Force, for the Term of Four Years, and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER II.
An Act for regulating the several Officers' Fees within this Province, and ascertaining the Method of paying the same.

I. For the better regulating the several Officers' Fees within this Province, and to ascertain the Method of paying the same;

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 by the Authority of the same, That it shall and may be lawful for the several Officers

-------------------- page 276 --------------------
within this Province, to take and receive, in Proclamation Money, or Bills of Credit, such Fees only as is appointed by this Act, for such Service; to-wit:

THE GOVERNOR'S FEES.
Proclamation Money.
£. s. d.
For signing a Patent or Grant for Land, for 1000 Acres, or under. 0 6 8
For every Hundred above a Thousand, to Five Thousand 0 1 0
For signing Letters of Administration, or Testamentary 0 5 4
For Proving a Will before the Governor 0 5 0
For signing a Register of an undecked Vessel, Shallop, or Pettiagua 0 7 6
For signing a Register for a decked Vessel 0 13 4
For signing every Testimonial, under the Colony Seal 0 5 4
For signing every Commission for a Place of Profit 0 10 0
For Letters Patents of Denization 0 10 0

GOVERNOR'S FEES IN CHANCERY.
Proclamation Money.
£. s. d.
For signing a Decree in Chancery 0 10 0
For every Order, made on Motion, or Petition 0 1 4
For signing an Injunction in Chancery 0 7 6
For hearing and determining every Cause 2 0 0
For signing an Exemplification of a Decree 0 5 0
For Dismission of every Bill, where the Cause doth not come to Tryal and final Hearing 1 0 0

THE GOVERNOR'S SECRETARY'S FEES.
Proclamation Money.
£. s. d.
For drawing the Certificate for the Probate of a Will, taken before the Governor 0 1 4
For drawing every Testimonial, to be signed by the Governor, to which the Colony Seal shall be affixed 0 2 8
For every Warrant of Land 0 2 8
For the Great Seal 0 2 8
For the small Seal 0 1 4

THE CHIEF JUSTICE'S FEES.
Proclamation Money.
£. s. d.
For every Writ, and Return 0 3 0
Docketing the Action 0 0 6
For every Discontinuance 0 0 6
For every Appearance 0 0 8
For every Issue joined 0 1 0
For every Venire 0 2 0
For every Action entered in Paper of Causes for Tryal 0 0 6
For every Subpoena 0 1 0
For swearing every Witness 0 0 4
For hearing every Tryal 0 2 0
For entering every Verdict 0 0 6
For hearing and giving Judgment upon Special Pleadings, had in any Cause 0 5 4
For confessing of Judgment 0 0 6
-------------------- page 277 --------------------
[THE CHIEF JUSTICE'S FEES.]
Proclamation Money.
£. s. d.
For every Rule of Court 0 0 6
For every Postea, Return, and signing Judgment 0 1 0
For every Execution 0 2 0
For entering Satisfaction 0 0 4
For Taxing every Bill of Costs 0 2 8
For taking Special Bail, before the Judge 0 2 8
For every Original Attachment 0 3 8
For every Scire Facias 0 3 8
For every Certiorari 0 3 8
For every Habeas Corpus 0 5 4
For receiving an Appeal 0 1 0
For every Writ of Error, and Allowance 0 2 8
For taking Recognizance thereupon 0 2 8
For every Order in the Judge's Chamber 0 1 0
For receiving Injunction 0 2 8
For proving or acknowledging every Deed 0 2 8
For the Examination of Feme Couverts, and Proof of the Deed or Acknowledgment 0 5 4
For every Affidavit, in Writing, before the Judge 0 2 8
For administering the Oath, and signing the certificate of the Witnesses, attending in any Cause 0 0 8

THE CHIEF JUSTICE'S FEES OF THE CROWN SIDE.
Proclamation Money.
£. s. d.
For taking every Information 0 2 8
Every Recognizance, taken before him 0 1 4
Every Writ 0 3 0
Every Order of Court 0 0 4
For every Commitment 0 1 4
For every Traverse 0 0 6
For every Person discharged by Proclamation 0 1 0
For every Cause entered in the Docket 0 0 7
Taxing Bill of Costs 0 2 8
For Examination of every Person committed for Contempt of Authority 0 1 4
For every Oath in the Cause 0 0 4
For hearing the Cause 0 2 8
For hearing and determining a Motion, in Arrest of Special Judgment, or Special Verdict 0 5 4

CLERKS' FEES FOR THE GENERAL AND COUNTY COURTS.
Proclamation Money.
£. s. d.
For entering every Action 0 0 7
For every Writ 0 1 1
For a Copy of every Declaration 0 1 4
For recording the Defendant's Appearance, or Default 0 0 7
For Recording a Plea 0 1 1
For every Deposition, taken in Writing 0 0 7
For filing every Bill, Bond, or other Paper 0 0 4
For continuance, or Reference of every Action 0 0 4
For Recording the Venire, Seven-pence Half-penny
-------------------- page 278 --------------------
[CLERKS' FEES FOR THE GENERAL AND COUNTY COURTS.]
Proclamation Money.
£. s. d.
For Recording Jury's Oath, and Verdict 0 0 6
For entering up the Judgment 0 0 7
For entering every Order of Court 0 0 7
For a Copy of every Order of Court 0 0 7
For searching a Record 0 0 7
For a Commission, or Dedimus Potestatem 0 1 4
For certifying the Probate of a Will 0 1 6
For administering every Oath, Two pence Half penny
For every Execution 0 1 4
For every Summons for one or more Persons if mentioned in the Summons 0 0 7
For every Petition or Motion, if entered in Writing 0 0 7
For a Certificate 0 0 7
For an Attachment 0 1 2
For Recording or Inroling every Bond, or other Writing 0 2 8
For entering the Acknowledgement of Sales of Land 0 1 4
For a Writ of Enquiry 0 1 4
For a Scire Facias 0 1 4
For every Retraxit 0 0 7
For every Dismission 0 0 7
For Recording a Mark or Brand 0 0 7
For proving every Right 0 0 3
For every Certificate 0 0 7
For a Copy of Record, per Copy Sheet, each Sheet containing Ninety Words 0 0 4
For Reading every Paper 0 0 3
For making up every Record of Judgment, after Verdict or Special Pleading, and entering the same in a Book for that Purpose, per Copy Sheet, each containing Ninety Words 0 0 4
For every Bill of Costs, or Copy thereof 0 0 7
For making out an Alphabetical List of the Taxables in each County, and delivering the same to Sheriff, delivering Orders to Constables, and all other extraordinary Services for the County, to be paid by the Court, out of the County Tax, Yearly 0 13 4
For every Certificate for each Juror's Attendance 0 0 6

THE SECRETARY'S FEES.
Proclamation Money.
£. s. d.
For every Patent in Paper, and recording, for One Thousand Acres, or under 0 8 0
For a Petition for a Grant for a Patent for Land, and Order inclusive 0 2 8
For every Hundred Acres above a Thousand, to Five Thousand 0 0 8
For A Patent in Parchment if required, and recorded 0 10 0
For a Warrant for surveying Land, proving Rights, Petition and Order thereon, reading inclusive 0 5 4
For filing every Paper 0 0 7
For Letters of Administration, or Letters Testamentary, Guardianship or Tuition, if made out by the Secretary 0 2 8
For every Administration Bond, if taken by the Secretary, and recording 0 3 0
-------------------- page 279 --------------------
THE SECRETARY'S FEES.
Proclamation Money.
£. s. d.
For every Commission of the Peace, and Military Commission, to be paid by the Public 0 5 0
For every Commission for a Place of Profit 0 5 4
For a Dedimus Potestatem 0 1 4
For searching A Record 0 0 7
For the copy of a Patent 0 1 4
For Letters of Denization 0 10 0
For entering a Caveat 0 1 4
For recording any Paper not before mentioned, or Copy of a Record, per Copy Sheet, each Sheet containing Ninety Words 0 0 4
For every Testimonial passing the Secretary's Office, under the Colony Seal 0 2 8
For every Commission of Oyer and Terminer, or Nisi Prius, to be paid by the Public 0 5 0

THE CLERK OF THE CROWN AND CLERK OF THE PEACE'S FEES.
Proclamation Money.
£. s. d.
For filing every Indictment, or any other Paper 0 0 4
For a Copy of an Indictment, Information, or Presentment 0 1 4
For recording the Coroner's Inquest 0 1 4
For arraigning a Criminal 0 0 7
For entering every Appearance or Default 0 0 7
For every Capias 0 1 1
For every Recognizance, acknowledged in Court, or out of Court, if drawn by the Clerk 0 1 1
For entering every Recognizance on the Docket 0 0 8
For entering every Order of Court 0 0 7
For every Venire or Subpoena 0 0 7
For administering every Oath 0 0 4
For entering the Jury's Oath, and Verdict 0 0 7
For entering up Judgment 0 0 7
For entering a Plea 0 0 6
For a Search of Record 0 0 7
For a Copy of an Order of Court 0 0 7
For calling the Defendant 0 0 4
For every Respite 0 0 4
For A Liberate 0 1 1
For taking every Deposition, in Writing 0 0 7
For every Person discharged 0 0 7
For recording any Paper, not before mentioned, or Copy of Record, per Copy Sheet, each Sheet Containing Ninety Words 0 0 4
For drawing every Writ of Election, to be Paid by the Public 0 2 8
For every Scire Facias 0 1 4
For writing a Warrant 0 1 4
For making up every Record, and entering the same in a Book for that Purpose, per Copy Sheet, Each Sheet containing Ninety Words 0 0 4
For filing every Bill or other Paper 0 0 7
For every Subpoena, for one or more Persons, if mentioned in the said Subpoena 0 1 4

-------------------- page 280 --------------------

CLERK OF THE CHANCERY'S FEES.
Proclamation Money.
£. s. d.
For an Injunction in Chancery 0 5 0
For a Supersedeas, and Return 0 1 4
For entering up a Decree 0 2 8
For calling a Dismission 0 0 7
For taking every Deposition, in Writing 0 0 7
For Interrogatories, if drawn by the Clerk 0 1 4
For a Dedimus Potestatem, to examine Witnesses 0 1 8
For every Petition, or Motion, if entered in Writing 0 0 7
For recording of any Paper not before mentioned, or Copy of Record, per Copy Sheet, each Sheet containing Ninety Words 0 0 4
For setting down the Cause for hearing 0 1 4
For every Search 0 0 7

PUBLIC REGISTER'S FEES.
Proclamation Money.
£. s. d.
For registering every Birth, Burial, or Marriage 0 0 7
For registering a Conveyance, or any other Writing, or giving a Copy thereof 0 2 8
For every Certificate of Birth, Burial, or Marriage 0 0 6

SHERIFF'S FEES.
Proclamation Money.
£. s. d.
For an Arrest 0 5 4
For a Bail Bond 0 1 0
For serving a Copy of a Declaration, if done by the Sheriff 0 1 4
For whipping any Person 0 2 8
For serving a Subpoena, for each Person named in Subpoena 0 2 8
For Pilloring any Person 0 5 0
For an Attachment, as for an Arrest, and if further Trouble by moving Goods, to be Taxed by the Court
For executing a Warrant of Distress, or an Execution against the Body or Goods, if not above Ten Pounds, Proclamation Money, for each Pound 0 1 0
If above Ten Pounds, Proclamation, for each Pound above 0 0 7
For Imprisonment for Felons or Debtors, or any other Person, for each Prisoner per Day, for finding One Pound of wholesome Bread, One Pound of wholesome roasted or boiled Flesh, and not less than Two Quarts of fresh Water, and every other necessary Attendance, and keeping the Prison clean 0 1 0
If the Prisoner finds himself Victuals and Drink, then the Sheriff shall take but 0 0 4
For Summoning, impanneling, and attending on every Jury in every Cause, when a Special Venire shall issue by Order of Court 0 5 4
For putting any Person in the Stocks, and releasing 0 0 7
For a Commitment, if by Order of Court, or Mittimus 0 2 8
For a Releasement 0 2 8
For serving a Writ of possession of Land 0 7 6

-------------------- page 281 --------------------

[SHERIFF'S FEES.]
Proclamation Money.
£. s. d.
For waiting on any Person on a Habeas Corpus, per Day 0 2 8
For calling every Action each Court 0 0 4
For summoning the Jury on a Common Venire, in every Cause 0 0 8

FOR AMERCEMENTS TO THE JUSTICES OF THE COUNTY COURT.
Proclamation Money.
£. s. d.
To the Justices on every Action, Presentment, or Indictment, brought as an Amercement 0 1 4
For taking Examinations, drawing and returning a Recognizance 0 2 8

ESCHEATER'S FEES.
Proclamation Money.
£. s. d.
For every Inquisition and Return 1 12 0

ATTORNEY-GENERAL'S FEES.
Proclamation Money.
£. s. d.
For every Indictment found, or Presentment made 1 6 8
If Bill found Ignoramus, then the Prosecutor shall pay 0 13 4
For the same in the County Court 0 13 4
If found Ignoramus, then the Prosecutor to pay 0 6 8

JUDGE OF THE ADMIRALTY'S FEES.
Proclamation Money.
£. s. d.
In Cases of Seamen's Wages or other Suit, exceeding Twenty Pounds Value recovered, for the first Day 1 6 8
For every Day more than One 0 13 4
For a Warrant of Arrest, or any other Warrant 0 1 4
For admitting the Libel 0 1 4
For every Citation 0 1 4
For every definitive Sentence 0 5 4

REGISTER'S FEES IN LIKE CASES.
Proclamation Money.
£. s. d.
For filing every Paper 0 0 7
For registering a Libel 0 4 4
For registering an Answer or Replication 0 2 0
For taking every Affidavit, in Writing 0 1 0
For registering a Decree 0 2 0
For Dismission of every Suit 0 0 7
For continuing every Suit 0 0 7
For a Citation 0 1 8
For a Subpoena for each Evidence 0 0 8
For registering every Paper not before mentioned, or copying, per Copy Sheet, each Sheet containing Ninety Words 0 0 4

THE ADVOCATE'S FEES.
Proclamation Money.
£. s. d.
The King's Advocate, in every Cause when he appears for the King 2 13 4
In every other Case, the same as another Advocate 1 10 0

-------------------- page 282 --------------------

THE MARSHAL'S FEES IN THE COURT OF ADMIRALTY.
Proclamation Money.
£. s. d.
For serving every Warrant and Return 0 5 4
For serving a Decree, and Return, above Five Pounds 0 8 0
For every Pound above Five Pounds 0 4 0
For serving a Citation, Monition, or Notice 0 2 8

NAVAL OFFICER'S FEES.
Proclamation Money.
£. s. d.
For entering and clearing Vessels, not decked, Boats or Canoes of the Country, if bound to Foreign Parts 0 3 3
For entering and clearing decked Vessels, belonging to the Country 0 6 8
For entering and clearing Foreign Vessels, if under One Hundred Tons 1 4 0
If above One Hundred Tons, to include all Fees, except such as are in this Act particularly mentioned 1 10 0
For taking Bonds of Masters of Vessels, to be understood of either Bonds which Masters of Vessels are obliged to give 0 2 8
For a Bond in Order to obtain a Pass, for People going out of the Country, and the pass 0 3 0
For a Certificate for enumerated Goods 0 1 4
For a Certificate for Bounty in England 0 2 8
For signing a Permit for any foreign Vessel, going from one District to the other, within this Province 0 2 8
For signing a Permit for Country Vessels, going as aforesaid, having Foreign or enumerated Goods on Board 0 1 4

COLLECTOR'S FEES.
Proclamation Money.
£. s. d.
For entering and clearing foreign Vessels if under one Hundred Tons 1 4 0
If above One hundred Tons, including all Business incident except such as are in this Act particularly mentioned 1 10 0
For entering and clearing open Vessels of the Country, if bound to foreign Parts, including as aforesaid 0 3 3
For entering and clearing decked Vessels of the Country, including as aforesaid 0 6 8
For Certificate on the Change of a Master 0 2 8
For writing and signing a Register 0 5 4
For Recording a Register, if required 0 2 8
For a Certificate for enumerated Goods 0 1 4
For a Certificate for a Bounty in England 0 2 8
For signing a Permit for any foreign Vessel, going from one District to another within this Province 0 2 8
For a Permit for Country Vessels going as aforesaid, having foreign or enumerated Goods on Board 0 1 4
For a Permit to load and unload 0 1 4

-------------------- page 283 --------------------

SURVEYOR-GENERAL'S FEES.
Proclamation Money.
£. s. d.
For entering a Warrant, and certifying 0 2 8
For surveying a Thousand Acres and under 1 6 8
For every Hundred above a Thousand 0 1 1

AUDITOR'S FEES.
Proclamation Money.
£. s. d.
For auditiing every Patent 0 5 4
For entering and certifying every Warrant for Land 0 2 8

RECEIVER GENERAL'S FEES.
Proclamation Money.
£. s. d.
For a Warrant of Distress 0 2 8

CORONER'S FEES.
Proclamation Money.
£. s. d.
For every Inquisition, and Return, to be paid out of the deceased's Estate, if no Estate, then by the Country 0 16 0
For each and every Juror, on an Inquisition, to be paid by the Coroner out of the deceased's Estate, if no Estate, to be paid by the Country 0 1 4
For the Constable, for summoning each Juror on an Inquest 0 0 7
For other Services, the same as the Sheriff

CLERK OF THE COUNCIL'S FEES.
Proclamation Money.
£. s. d.
For reading every Paper in Council 0 0 7
For entering every Oath in Council 0 0 7
For every Search, or Copy of an Order of Council 0 0 7
For every Citation or Summons 0 0 7
For administering every Oath 0 0 4
For drawing every Petition, if drawn by the Clerk 0 0 10
For taking every Deposition in Writing 0 0 7
For filing Every Paper 0 0 7
For recording every Paper not before mentioned, or Copy thereof per Copy Sheet, each Sheet containing Ninety Words 0 0 4

III. And be it furher Enacted, by the Authority aforesaid, That the Clerk of the General Court, and every County Court, and every other Court of this Province, shall make out a Bill of Costs, and deliver the same to the Party from whom the Fees are due, or to his Attorney; and on such Persons not paying the same, it shall and may be lawful for the Clerk of every Court, to make out Execution, directed to the Sheriff of the County where the Party resides, and the said Sheriff shall levy the same, in Virtue of the said Execution, as in other Cases, and that to the said Execution, shall be annexed a Copy of the Bill of Costs of the Fees, on which such Execution shall issue; and that all Executions issuing without the Copy of such Bill of Costs annexed, shall be deemed illegal, and no Sheriff shall serve or execute the same, under the Penalty of Five Pounds.

-------------------- page 284 --------------------

IV. Provided always, and it is the true Intent and Meaning of this Act, That every Execution, against the Body or Goods of any Person, shall and may be discharged by Tender and Payment of Inspectors Notes for Commodities, as rated in an Act, intituled, an Act, for granting an Aid to his Majesty, to defray the Expences of transporting the several Troops inlisted in his Majesty's Service in this Colony, and to ascertain the Method of paying all Taxes and Levies in Commodities; and for other Purposes therein mentioned.

V. And be it further Enacted, That when any Person shall pay to any Officer within this Province, any Fees due to such Officer, the aforesaid Officer shall, on the Receipt of such Fees, if demanded, give a Ticket of such Fees, with a Receipt for the same, under the Penalty of Five Pounds.

VI. And that the People may better know what fees are due to the several Officers aforesaid, Be it further Enacted, by the Authority aforesaid, That each respective Officer within this Province, shall, within three Months, next after the Ratification of this Act, set up, in some Public Place in his Office, a Table of the Fees that may be taken by such Officer, according to the Direction of this Act; and shall continually keep the same up, under the Penalty of Five Shillings, for every Day such Table shall not be so fixed up.

VII. And be it further Enacted, That if any Officer shall demand, extort, exact, or receive, under Colour of his Office, any other or larger Fees than what is particularly mentioned in this Act, or shall refuse to do the particular Service in his Office for the Fees in this Act expressed, such Officer shall, for every such Offence or Default, forfeit the Sum of Five Pounds.

VIII. And be it further Enacted, by the Authority aforesaid, That no Clerk of the General Court, or any County Court, shall introduce any new Fees; neither shall he charge, in any Bill of Costs, any Fees for any pretended Service where the same is not really and actually done, or where, according to the Course of Practice, the same was not necessary to be done; under the Penalty of Twenty Shillings, for every Offence.

IX. And be it further Enacted, That the several Penalties in this Act mentioned, shall and may be recovered, by any Person or Persons that will sue for the same, before any Magistrate or Magistrates, or in any Court of Record in this Province, Respect being had to their several jurisdictions, as is prescribed by Law, for the Recovery of other Debts; wherein no Essoign, Protection, Injunction, Priviledge, or Wager of Law, shall be allowed or admitted of; One half to the Prosecutor, the other Half to the Church wardens, for the use of the Parish where the Offence is committed.

X. Provided always, That all Prosecution for any Penalty or Penalties by Virtue of this Act, shall be commenced within two Years after the Offence is committed, and not after.

XI. And be it further Enacted, by the Authority aforesaid, That no new or other Fees shall hereafter be created or made, by any Person or Persons whatsoever, or be demanded, taken, or received, othrwise than such as shall be established by the Authority of the Governor, Council, and General Assembly, any Law, Custom, or Usage, to the contrary, notwithstanding.

XII. And be it further Enacted, That all other Act and Acts, Clauses Matters, and Things, heretofore made, relating to the Officers' Fees, so far as is within the Purview of this Act, are hereby repealed and declared to be null and void to all Intents and Purposes.

-------------------- page 285 --------------------
CHAPTER III.
An Act for Laying a Tax on the Inhabitants of Granville County, and for appointing Commissioners to compleat and finish the Public Buildings already begun in the said County.

I. Whereas by an Act of the General Assembly of this Province, passed at New Bern, on the Twenty Eighth Day of June, in the Twentieth Year of the Reign of our Sovereign Lord George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven Hundred and Forty Six, intituled, an Act for dividing Edgecomb County, and for erecting the upper Part thereof into a Parish by the Name of Granville County and St. John's Parish, and for appointing Vestry men for the said Parish; a Tax was laid, for Two Years, of Two Shillings, Proclamation Money, for building a Court-house, Prison, and Stocks, in the said County, and running the dividing line between Edgecomb and Craven Counties; which said Tax is found insufficient for running the said Line, and compleating the said buildings of the said County.

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 the Generel Assembly of this Province, and it is hereby Enacted by the Authority of the same, That a further Tax of Two Shillings, Proclamation Money, for Two Years, ensuing next after the Ratification of this Act, and no longer, be laid, and the said Tax of Two Shillings, Proclamation Money, is hereby laid, on each and every Taxable in the said County, for and towards compleating and finishing the said Buildings, and the Charge of running the said Line; and shall be collected and paid, Annually, by the Sheriff of the said County, at such Times and Places, and in the same manner, as other taxes are collected and paid.

III. And be it further Enacted, by the Authority aforesaid, That the Sheriff of the said County shall account for, on Oath, with the Commissioners hereinafter appointed, for all such Sums of Money and Commodities, as he shall receive in Virtue of this Act, under the Penalty of Five Pounds, Proclamation Money, to be recovered, by the Commissioners in this Act herein after Named, in any Court of Record within this Province, wherein no Essoign, Injunction, Protection, or Wager of Law, shall be allowed or admitted of; and the said Sheriff, for collecting and paying the said Tax, shall have and receive six per Cent. and may deduct the same accordingly.

IV. And be it further Enacted, by the Authority aforesaid, That Mr. William Eaton, and Mr. Edward Jones, be, and are hereby appointed Commissioners, to compleat and finish the said Buildings, and Defray the Charge of running the said Line: Which said Commissioners shall, Yearly account with the Court of Granville County, for all such Sums of Money, as they shall receive from the said Sheriff, in Virtue thereof, under the Penalty of Five Pounds, Proclamation Money, to be recovered by any Person who will sue for the same, and applied as herein after directed.

V. And be it Enacted, by the Authority aforesaid, That all Forfeitures arising in Virtue of this Act, shall be recovered as aforesaid, and applied for and towards the use the Tax laid by this Act is intended.

-------------------- page 286 --------------------
CHAPTER IV.
An Act to Prevent the Exportation of Raw Hides, Pieces of Hides, and Calfskins out of this Government.

I. Be it 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 it is hereby Enacted, by the Authority of the same, That from and after the Fifteenth Day of August, next ensuing the Ratification of this Act, no Master or Commander of any Ship or Vessel, bound out of this Government, shall receive, or ship on Board his Vessel, any Hide or Hides, Piece or Pieces of Hides, of Neat Cattle, or Calf-Skins, raw and untanned, or shall permit the same to be done by others; and every Master or Commander of any Ship or Vessel so offending, shall forfeit and pay, for every Hide, Piece or Pieces of Hide, or Calf-skin, the Sum of Ten Shillings, Proclamation Money, to be recovered, before any Justice of the Peace, by him or them that shall prosecute and sue for the same; and the Hides, Piece or Pieces of Hides, or Calfskins, so shipped, contrary to the true Intent and Meaning of this Act, shall be immediately sold, by Order of the Justices before whom the Conviction shall be, and the Money arising from such Sale, shall be delivered to the Church Wardens, for the Use of the Parish where the offence shall be committed; the Right of Appeal to the next County Court always reserved.

II. And for the more easy Conviction of the Offenders against this Act, Be it Enacted, by the Authority aforesaid, That the seeing any such Hide or Hides, Piece or Pieces of Hides, of Neat Cattle, or Calf-Skins, raw and untanned, received or shipped on Board any Ship or Vessel outward bound, and due Proof made before any one Justice of the Peace of the County, shall be deemed and taken sufficient Evidence in Law to Convict the Master or Commander of such Ship or vessel of the Offence aforesaid.

III. Provided always, That if the Master or Commander of such Ship or Vessel, shall make Oath, that such Hide or Hides, Piece or Pieces of Hides, or Calf-skins, were not shipped or received on board his Ship or Vessel, with his Knowledge, Privity, or Procurement, in that Case, he shall not incur nor pay the Forfeiture above mentioned; but the same shall be paid by the Person who shall have put the same on board, and the Hide or Hides, Piece or Pieces of Hides, or Calf-skins, so put on board as aforesaid, shall be forfeited, and sold, and disposed of, in Manner as aforesaid.

IV. And be it further Enacted, by the Authority aforesaid, That every Master or Commander of each and every Vessel, bound out of this Province, at the Time of his clearing his Vessel out, shall make Oath, to-wit: I, A. B. of the vessel H. do swear, That there is not in my knowledge, or Belief, on board my said Vessel, any Hide or Hides, Piece or Pieces of Hides, of any Neat Cattle, or Calf-skins, raw and untanned, and that none such shall be transported in my said Vessel, this Voyage, with my Privity. So help me God.

Which Oath each and every Collector of the several and respective Ports within this Province, or his Deputy, is hereby authorized and required to administer: And every Collector or Deputy Collector, who shall clear out any Vessel or Vessels, without having first administered the Oath aforesaid, according to the true Intent and Meaning of this Act, shall forfeit and pay the Sum of Fifty Pounds, Proclamation Money, to be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record within this Province; One half to the Informer, and the other for and towards the

-------------------- page 287 --------------------
contingent Charges of Government; wherein no Essoign, Protection, Injunction, or Wager of Law, shall be allowed or admitted of.

V. And be it further Enacted, by the Authority aforesaid, That this Act shall continue and be in Force, for the Term of Fifteen Years, and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER V.
An Act to appoint Commissioners to continue running the Boundary Line between Edgecomb County, Tyrrell, and Part of Beaufort Counties.

I. Whereas the Commissioners, appointed by an Act, intituled, An Act, for ascertaining the Boundary Line between Tyrrell County, and Beaufort County, and between Edgecomb County, and Tyrrell County, and Beaufort County, have run a dividing Line between Edgecomb County and Tyrrell County, and Part of Beaufort County, and Edgecomb County from Roanoke River, as far as the Mouth of Cheek's Mill Creek, on Tar River, in Beaufort County; and whereas the Tax laid and collected in the said several Counties, for defraying the Charges of running the said Boundary Lines is found insufficient for carrying on the same.

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 the General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That Mr. Joseph Howell, and Mr. Joseph Lane, be and are hereby appointed Commissioners, for finishing the said Line between Part of Edgecomb, Beaufort, and Johnston Counties, already begun and carried on, to the Mouth of Cheek's Mill Creek, in Beaufort County, on Tar River, and from thence shall run, with a straight Line to Contentnee, at the Mouth of Tosneat Swamp, and thence up the main Stream of Contentnee, opposite the Mouth of Cypress Swamp, on Tar River; which said Line, when run by the Commissioners aforesaid, shall be by them entered on Record, in the Court of Edgecomb County aforesaid, and shall hereafter be deemed and taken to be the true Bounds of the said County.

III. And for defraying the Expence of continuing the running the said Boundary Lines, Be it Enacted by the Authority aforesaid, That it shall and may be lawful for the Justices of the said County Court of Edgecomb, and they are hereby authorized and impowered, to lay a Tax on all the Taxable Persons within the said County, not exceeding Three Pence, Proclamation Money, for defraying the Expence of finishing the said Line, and recording the same as aforesaid; which said Tax shall be paid and collected in the same Manner, and at the same Times, other Taxes are paid and collected in the said County.

IV. And be it further Enacted, by the Authority aforesaid, That all and every Clause and Clauses of the Act, intituled, An Act for ascertaining the boundary Line between Tyrrell County, and Beaufort County, and between Edgecomb County, Tyrrell County, and Beaufort County, so far as relates to running the Boundary Line between Edgecomb County, and Beaufort County, is and are hereby repealed and made void, as if the same had never been made.

-------------------- page 288 --------------------
CHAPTER VI.
An Act for destroying Vermin in this Province.

I. Be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and the General Assembly of this Province, and by the Authority of the same, That from and after the Ratification of this Act any Person or Persons that shall kill any of the Vermin hereafter mentioned, shall be intituled to a Claim upon the Parish where such Vermin was killed, the several Rewards as follows, viz: For every Panther, Ten Shillings, Proclamation Money; for every Wolf Ten Shillings, Proclamation Money; and for every Wild-cat, Two Shillings and Six Pence, Proclamation Money; to be levied and recovered as shall be by this Act directed.

II. And be it further Enacted, by the Authority aforesaid, that any Person or Persons, who shall have a Claim for killing any of the Aforesaid Vermin, are hereby ordered to produce the Head or Scalp, with both Ears, before any Magistrate, who is to administer an Oath to such Person claiming the same, that it was taken and killed within the Bounds of such Parish where such Claim is desired to be paid; and if it be a Servant, Slave or Indian, that shall kill any such Vermin, of which the Head or Scalp shall be produced, as aforesaid, the Master or Owner of such Servant or Slave, or he that makes claim for such Scalp or Scalps, in Behalf of an Indian, shall make Oath, before such Magistrate, that he verily believed the same was taken and killed within the Parish where the Reward is claimed: Which Oath being administered to the Person who makes the Claim, the said Magistrate is hereby directed to give the said Person a Certificate, in Words at length, for the same, which done, the said Magistrate shall immediately cause the Head or Scalp to be destroyed by burning the same.

III. And be it further Enacted, by the Authority aforesaid, That any Person or Persons, having a Certificate from any Magistrate within the Parish, for taking and killing any of the Vermin aforesaid, shall deliver the same to the Vestry and Church Wardens where such Certificate from the Magistrate was obtained; which said Certificate shall be delivered to such Vestry and Church Wardens, Yearly, on Easter Monday, in every Parish within this Province: And such Magistrate shall keep a List of each and every Certificate by him given as Aforesaid, in which he shall insert the Persons Name, the Time when, and the Number of Scalps such Certificate was given for, and shall transmit such List to the Vestry and Church Wardens at the Time hereinbefore mentioned for giving in the said Certificates.

IV. And be it further Enacted, by the Authority aforesaid, That the several Vestry and Church Wardens in every Parish, are hereby required, authorized and impowered, to levy the said Claims on the several Taxables within each Parish, in Proclamation Money, or the rated Commodities, as other Parish Dues within this Province have heretofore Been.

V. And be it Enacted, That the Justice or Justices giving Certificates, and destroying the Heads and Scalps of Vermin, as is by this Act directed, shall have and receive, for their trouble therein, Ten Per Cent. paid to them out of the Premium granted to Persons for killing of Vermin, at the Time that the Premium is paid to Persons claiming by Virtue of this Act.

VI. And it is Further Enacted, That if the Vestry or Church Wardens, Justice of the Peace, or Constable, shall neglect or refuse to execute and discharge the several Trusts and Powers to them, or either of them, by this Act given, that he or they so neglecting or refusing, shall forfeit and pay the Sum of Five Pounds, Proclamation Money, to him or them that shall

-------------------- page 289 --------------------
inform or sue for the same; to be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record in this Government, wherein no Essoign, Protection, or Wager of Law shall be allowed or admitted of.

CHAPTER VII.
An Act to Enlarge the Time for the Commissioners of the Roads, appointed by the Act of Assembly passed April the Twentieth, One Thousand Seven Hundred and Forty Five, intituled An Act, to impower the several Commissioners hereinafter named, to make, mend, and repair all Roads and Bridges, Cuts, and Water Courses, already laid out, or hereafter to be laid out, in the several Counties and Districts herein after appointed, in such Manner as they Judge most Useful to the Public, to recover the several Sums due from Defaulters.

I. Whereas the Time by the said Act, for the Commissioners calling before them such as they should suspect Defaulters, and for proceeding against such, was in the said Act limited to Three Months, from the Ratification thereof; Which Time was so short, that the several Commissioners could not procure Copies of the Act within the Time limited: wherefore,

II. Be it 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 it is hereby Enacted by the Authority of the same, That the several Commissioners in the said Act mentioned shall have full Power and Authority to proceed against all such Persons as they shall suspect are Defaulters, in the same Manner as by the said Act is directed, at any Time within the Space of Eighteen Months, from the Ratification of this Act, as fully and amply, as if the same Eighteen Months had been inserted in the said Act.

CHAPTER VIII.
An Act to provide indifferent Jurymen in all Causes, both Civil and Criminal, and for an allowance for their Attendance.

I. That indifferent Jurors, in all Courts of Judicature within this Province, for all Tryalls hereafter, may be had, and that the Charge and Expence of their Attendance may be equally borne;

II. We pray that it may be Enacted, And be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That from and after the last day of May next, after the Ratification of this Act, no Person shall be a Juryman in the General Court, Court of Assize, Court of Oyer and Terminer, and General Gaol Delivery, within this Province, but such who are elected, summoned and returned, according to the directing of this Act; And if any other Person or Persons shall be summoned to serve as a Juryman, and returned to the General Court, Court of Assize, Court of Oyer and Terminer, and General Gaol Delivery, of this Province, it shall be good Challenge for either Party, and the Person so returned, shall be discharged upon the said Challenge.

III. And be it further Enacted, by the Authority aforesaid, That once in Six Months, each and every County Court within this Province, next after

-------------------- page 290 --------------------
the first Day of January, and the first Day of July, Yearly, in open Court, the Justices of each and every County Court, together with the then Grand-Jury, shall elect and choose Twelve Knowing substantial Freeholders of the several Counties, (except those Counties where the General Court, Court of Assize, Court of Oyer and Terminer, and General Gaol Delivery shall sit, where the Justices shall choose Twenty Four Freeholders as aforesaid) to be returned to serve as Jurors, at the next General Court, Court of Assize, Court of Oyer and Terminer, and General Gaol Delivery, to which by the Law that is now in force, or hereafter may be in Force, they ought to attend.

IV. And be it further Enacted, That immediately after such Choice or Election, as aforesaid, the Clerk of each and every County Court, shall make out an attested List of such Freholders as shall be elected or chosen, as aforesaid, and deliver the same to the Sheriff of his County.

V. And be it further Enacted, That the Sheriff of each and every County within this Province, shall summon the said. Twenty Four Freeholders so elected, of such County where the General Court, Court of Assize, Court of Oyer and Terminer, and General Gaol Delivery, shall be held, and the said Twelve Freeholders of the several other Counties, elected as aforesaid, mentioned in the said List to serve as Jurors for the next General Court, Court of Assize, Court of Oyer and Terminer, and General Gaol Delivery, as by his Writ he shall be commanded, and no other.

VI. And be it Enacted, by the Authority aforesaid, That no Venire or Venires shall issue hereafter, for more than Twelve Persons out of each of the several respective Counties to serve as Jurors, (except as is hereinbefore excepted), That is to say, Six on the Petit, and Six on the Grand-Jury, at the General Court, Court of Assize, Court of Oyer and Terminer, and General Gaol Delivery.

VII. And be it further Enacted That each and every Person, qualified as a Juror to serve by Virtue of this Act, which shall be duly Chosen, summoned, and returned, and doth not appear, shall forfeit and pay Thirty Shillings, Proclamation Money, or after Appearance, shall absent themselves from the said Court, before the Court shall discharge them, shall forfeit and pay such Fine as the Court shall impose, not exceeding Five Pounds, Proclamation Money: to be levied by the Sheriff, by Order of such Court, and paid to the Justices of the County where such Defaulter inhabits; to be applied towards paying such Jurymen as shall attend; and no Jurymens Issues making Default shall be saved, but by special Order of such Court, or some just and reasonable Cause, proved upon Oath, and certified the next succeeding Court; and no man shall be taken to be duly summoned which hath not been summoned at least Ten Days before the Day before he ought to appear; and every Person shall be deemed duly summoned, where a Note shall be left at least Ten Days before the sitting of such Court to which he ought to appear, at his respective Dwelling, altho' such Person shall not be personally summoned.

VIII. And be it further Enacted, by the Authority aforesaid, That at the opening of every General Court, Court of Assize, Court of Oyer and Terminer, and General Gaol Delivery, after the Names of the Persons summoned shall be called over, and their Appearance or Neglect entered, and in Case above Twelve do appear, the Court, at each and every Tryal, at the Bar, shall call a Child, under Ten Years of Age, in open Court, to draw out of a Box, for that Purpose, Twelve of the Names of those that shall make their Appearance; and those Persons only shall be the Jury, to serve upon that Tryal.

IX. Provided always, That if any of the Jurors, for Reasons according

-------------------- page 291 --------------------
to Law, shall be challenged, then the Court shall cause their Places to be filled up out of some of the others that made their Appearance, to be elected by Lot, as before is appointed.

X. Provided also, That for want of a sufficient Number of Jurors appearing to serve as aforesaid, it shall and may be lawful for the Chief Justice and Judges of such General Court, Court of Assize, Court of Oyer and Terminer, and General Gaol Delivery, to order the Sheriff to summon such indifferent Jurymen as he possibly can, out of any of the Freeholders that shall be at such Court; which said Freeholders so summoned by such Sheriffs, shall be deemed and held to be sufficient Juror or Jurors, as those elected and Chosen by Virtue of this Act, could have been, had they appeared; Any Thing recited before in this Act, notwithstanding.

XI. And be it further Enacted, by the Authority aforesaid, That the several Sheriffs, and every respective Judge or Justice of the General Court, Court of Assize, Court of Oyer and Terminer, and General Gaol Delivery, shall, on or before the Conclusion of the next General Court, Court of Assize, Court of Oyer and Terminer, and General Gaol Delivery, after the last Day of May, swear, in open Court, That he will, as far as he may or can, either by his Knowledge, or Information, follow, observe, and keep the Rules, Methods, Manner and Way of choosing of Jurymen, for each General Court, Court of Assize, Court of Oyer and Terminer, and General Gaol Delivery, to be holden in this Province, according to the true Intent and Meaning of this Act; and every Justice, Judge, or Sheriff, who shall hereafter be appointed, shall take the same Oath, before he execute any Part of this Office: And every Judge, Justice, Sheriff, Officer, or Minister, who shall refuse or neglect to take such Oath, as aforesaid, shall, for each Default, forfeit and pay Twenty Pounds, Proclamation Money; One Moiety thereof to him or them that shall sue for the same, the other for the Use of the Public, to be disposed of as the General Assembly shall think fit; to be recovered by Bill, Plaint, or Information, in any Court of Record in this Province, wherein no Injunction, Protection, or Wager of Law, shall be allowed or admitted of.

XII. And whereas the Attending the General Court, Court of Assize, Court of Oyer and Terminer, and General Gaol Delivery, will be very expensive to the Jurors so attending for Remedy whereof; Be it Enacted by the Authority aforesaid That each and every Juror, at the General Court, Court of Assize, Court of Oyer and Terminer, and General Gaol Delivery, upon producing a Certificate from the Clerk of such Court, of the Time of his Attendance, (which Certificate the Clerk is hereby directed to give, if required), unto the Court of the County where he resides, he shall have and receive Three Shillings, Proclamation Money, for each Day's Attendance, (and his Ferriages), certified as aforesaid, to be paid by the Justices of such Court, out of the County Tax; and the Justices of every County Court. are hereby required and directed, to lay a Levy, sufficient to discharge the same, on all Taxables in their respective Counties, to be paid and collected at the same Times and in the same Manner, as other County Taxes by Law now are paid and collected.

XIII. And be it further Enacted, That every Act and Acts, and every Article and Clause therein, as much as relates to the providing of indifferent Jurymen in all Causes, Civil and Criminal, within the Purview of this Act, are Hereby repealed and made void, as if the same had never been made.

-------------------- page 292 --------------------
CHAPTER IX.
An Act to alter the Times for holding the Courts for the County of New Hanover.

I. Whereas Two of the County Courts which are held for the County of New Hanover, in each Year, fall out on the same Days the General Courts of this Province are held, at New Bern.

II. We therefore pray it may be 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 after the Tenth Day of April, next after the Ratification of this Act, the several County Courts hereafter to be held for the County of New Hanover, shall be held on the last Tuesdays in February, May, August, and November, Yearly; and all Continuances and References ordered in the Court held for the said County on the Second Tuesday in March past, shall be continued over, and all Process returnable to the second Tuesday in June next, shall be returned to the Court to be held for the said County on the last Tuesday in May next, and shall not be Error in the Process or Proceedings aforesaid.

III. And be it further Enacted, That the Clause in the Act intituled, An Act, for erecting the Village called Newton, in New Hanover County, into a Town and Township by the name of Wilmington, and all and every Clause and Clauses in any other Act or Acts, so far as relates to the Time of holding the Courts for the said County, is and are hereby repealed and made void.

CHAPTER X.
An Act for granting unto his Majesty the Sum of Twenty One Thousand Three Hundred and Fifty Pounds, Proclamation Money, and for stamping and emitting the said Sum of Twenty One Thousand Three Hundred and Fifty Pounds, Public Bills of Credit of this Province, at the Rate of Proclamation Money; to be applied towards building Fortifications in this Province, Payment of the Public Debts, exchanging the present Bills of Credit, and for making proper Provision for defraying the Contingent Charges of the Government; and for repealing the several Laws hereinafter mentioned.

I. Whereas, during the present War with France and Spain, This Province hath received great Damage, by the Enemies Privateers coming into the Ports and Harbours of the same, which are entirely defenceless and without any Fortifications, and taking and carrying away the Vessels thereout and landing, and plundering the Inhabitants: And whereas the great Scarcity of Currency is such, that it is impracticable to raise a Sum by an immediate Tax on the People, sufficient for building proper fortifications, for the Defence of the said Ports, and to discharge the Public Debts: Wherefore,

II. We pray that it may be 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 out of the current Bills of Credit to be emitted by this Act, the Sum of Two Thousand Pounds shall be deposited by the said Commissioners, in the Hands of Thomas Barker, Gentleman, Treasurer for the Northern Counties, or the Treasurer for the said Counties for the

-------------------- page 293 --------------------
Time being, for the building a Fortification at or near Ocacock Inlet, for the safety and Defence of that Harbour; and the Commissioners hereafter named shall have full power and Authority to build the said Fortification, and by Warrant under their Hands, or the Hands of the major Part of them, to draw, from Time to Time, out of the Hands of the said Treasurer, such Sum or Sums of Money as shall become due to the several Workmen employed by them in building the said Fortification; and the said Treasurer is hereby required, on such Warrant or Warrants being produced to him, to pay the same accordingly.

III. And be it further Enacted, That his Excellency the Governor and Commander in Chief for the Time Being, Mr. Benjamin Peyton, Mr. Samuel Sinclare, Mr. Francis Stringer, Mr. James Macklewean, Mr. John Haywood, and Mr. Peter Payne, be, and are hereby appointed Commissioners, for erecting and building the said Fortifications.

IV. And be it further Enacted, by the Authority aforesaid, That the Sum of One Thousand Five Hundred Pounds shall be deposited by the said Commissioners in the Hands of Edward Moseley, Esq., Treasurer for the Southern Counties, or the Treasurer of the said Counties for the Time being; for the building a Fortification or Fortifications at or near Old Top-Sail Inlet, for the Safety and Defence of that Harbour; and the Commissioners hereafter named shall have full Power and Authority to build the said Fortification or Fortifications, and, by Warrant under their Hand, or the Hands of the Major Part of them, to draw from Time to Time, out of the Hands of the said Treasurer, such Sum or Sums of Money as shall become due to the several Workmen employed by them, in building the said Fortification or Fortifications; and the said Treasurer is hereby required, on such Warrant or Warrants being produced by him, to pay the same accordingly.

V. And be it further Enacted, That his Excellency the Governor and Commander for the Time being, Mr. Thomas Lovick, Mr. Arthur Mabson, Mr. John Clitherell, and Mr. Joseph Bell, be, and they are hereby appointed Commissioners for erecting and building the said Fortification or Fortifications.

VI. And be it further Enacted, by the Authority aforesaid, That the Sum of Five Hundred Pounds shall be deposited by the said Commissioners, in the Hands of the Treasurer of the Southern Counties aforesaid, or the Treasurer of the said Counties for the Time being, for the building a Fortification at or near Bear Inlet, for the Safety and Defence of that Harbour; and the Commissioners hereafter named, shall have full Power and Authority to build the said Fortification, and, by Warrant under their Hands, or the Hands of the Major Part of them, to draw, from time to time, out of the Hands of the said Treasurer, such Sum or Sums of Money as shall become due to the several Workmen employed by them, in building the said Fortification; and the said Treasurer is hereby required on such Warrant or Warrants being produced to him, to pay the same accordingly.

VII. And be it further Enacted, That his Excellency the Governor and Commander for the Time being, Mr. Samuel Johnston, Mr. Edward Ward, Jun., Mr. Stephen Lee, and Mr. John Starkey, Be, and are hereby appointed Commissioners for erecting and building the said Fortification.

VIII. And be it Enacted, That the Sum of Two Thousand Pounds shall be deposited by the said Commissioners, in the Hands of the Treasurer of the Southern Counties aforesaid, or the Treasurer of the said Counties for the Time being, for the building a Fortification at or near the Mouth of Cape Fear River, for the Safety and Defence of that Harbour; and that the Commissioners appointed by an Act of General Assembly, intituled, An Act, for

-------------------- page 294 --------------------
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 into the Port of Brunswick, to be layed out and applyed towards building a Fortification at Cape Fear shall have full Power and Authority, by Warrant under their Hands, or by the Hands of the Major Part of them, to draw, from Time to Time, out of the Hands of the said Treasurer, such Sum or Sums of Money as shall be due to the several Workmen employed by them in building the said Fortification; and the said Treasurer is hereby required, on such Warrant or Warrants being produced to him, to pay the same accordingly: And the said Treasurer shall be allowed One Per Cent. for receiving the said Money, and paying the same out again, as aforesaid.

IX. And be it further Enacted, by the Authority aforesaid, That Eleazer Allen, Edward Moseley, and Samuel Swann, Esqrs, and Mr. John Starkey, are hereby appointed, authorized, and impowered Commissioners, to stamp and make out, or cause to be stamped, with Copper Plates, and signed with their Hands, Public Bills of Credit of this Province, to the Amount of Twenty One Thousand Three Hundred and Fifty Pounds, at the Rate of Proclamation Money, That is to say, Two Thousand Bills of Four Pence each, Two Thousand Bills of Eight Pence each, Two Thousand Bills of One Shilling each, Two Thousand of Eighteen Pence each, Two Thousand of Two Shillings each, Two Thousand of Two Shillings and Six Pence each; Two Thousand of Three Shillings each, Two Thousand of Five Shillings each, Two Thousand of Six Shillings each, Two Thousand of Seven Shillings and Six Pence each, Two Thousand of Nine Shillings each, Two Thousand of Ten Shillings each, Two Thousand of Fifteen Shillings each, Two Thousand of Twenty Shillings each, Two Thousand of Thirty Shillings each, Two Thousand of Forty Shillings each, and Two Thousand of Three Pounds each.

X. And be it Enacted, by the Authority aforesaid, That when the aforesaid Bills are stamped and signed, the Commissioners aforesaid shall, within Twelve Months, exchange the Bills now Current, after the Rate of One Shilling, for Seven Shillings, and Six Pence, of those which are at present Current; which Difference of Seven Shillings and Six Pence, for One Shilling, Proclamation, hath continued for divers Years past, and is at present the true Difference; and that after the Expiration of the Twelve Months aforesaid, the present Bills of Credit shall not be exchanged, nor shall be a Tender or Taken in any Payment whatsoever.

XI. And be it further Enacted, by the Authority aforesaid, That out of the rest of the Paper Currency, to be stamped and emitted by this Act, the several Persons to whom the Public is Debtor according to the Schedule hereunto annexed, shall be paid the Sums respectively due to them by the Commissioners aforesaid, so soon as the same may be conveniently done; after the Bills by this Act to be emitted, shall be stamped and signed, by which the Commissioners aforesaid, are to give truly and proper Notice, by Advertisements, set up at the several Court-houses in this Government, that they will attend at New Bern, to exchange the said Bills, and pay off the Public Debts, during the sitting of the Two next succeeding General Courts, after such Notice set up as aforesaid.

XII. And be it further Enacted, by the Authority aforesaid, That the Bills of Credit to be emitted by this Act, shall be current, and a lawful Tender, in all Payments whatsoever, as Proclamation Money, or as Sterling Money, at the proper Difference there is between Proclamation Money and Sterling; that is to say, at Four Shillings Proclamation Money, for Three Shillings Sterling.

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

-------------------- page 295 --------------------
Person or Persons shall counterfeit, alter, or erase any of the Public Bills of Credit of this Province, or shall aid or assist in counterfeiting, altering, or erasing such Bills, or shall utter any of the said Bills, knowing them to be so counterfeited, altered, or erased, such Person or Persons so offending, shall, for the first Offence, be whipped, at the Discretion of the Court, not exceeding Forty Lashes, and stand in the Pillory Two Hours, and have both Ears nailed to the Pillory and cut off; and for the second Offence, be deemed a Felon, without Benefit of Clergy, and shall be judged and suffer accordingly.

XIV. And be it further Enacted, by the Authority aforesaid, That after the several Sums by this Act directed to be emitted and paid, shall have been set apart for the Purposes before mentioned, the Residue and Remainder of the aforesaid Sum of Twenty Thousand Three Hundred and Fifty Pounds, shall be and remain in the Custody and Keeping of Mr. John Carruthers, in New Bern, in a strong Chest, well secured with Iron, with Three distinct Locks, the key of one to be kept by the Governor for the Time being, another by the Secretary for the Time being, the third by the Speaker of the Assembly for the Time being, so as the same Bills of Credit may be always ready to defray the contingent Charges of Government, as the Governor, Council, and General Assembly shall direct; and the same Chest shall not be opened for issuing the Bills of Credit, but in the Presence of the several Persons, with whom the Keys are by this Act intrusted, unless otherwise ordered and directed by the General Assembly.

XV. And be it further Enacted, by the Authority aforesaid, That the Sum of One Shilling, Proclamation Money, be Annually Levied on every Taxable Person within this Province, and be collected by the Sheriff of every respective County, and shall be paid, in Gold, Silver, or Bills of Credit, on or before the first Day of March, Yearly; and that all Persons neglecting to pay, the said Tax, at the Time by Law limited, shall be liable to such Distress to be made by the Sheriff, as for Non-Payment of other Taxes; and the said Sheriff of each and every County, on or before the Tenth Day of June, Yearly, shall return a List of Taxables, and also count, upon Oath, and pay into the Hands of the Public Treasurer of the respective Counties, all such Sums of Money as he shall have received by Virtue of this Act, under the Penalty of Two Hundred Pounds, Proclamation Money, for every Default; which said Penalty shall be recovered, by Action of Debt, Bill, Plaint, or Information, in the Supreme Court of this Province, by any Person who shall sue for the same; wherein no Essoign, Injunction, Protection, or Wager of Law, shall be allowed or admitted of; the one Moiety by him or them who shall sue for the same, the other to be applied by the General Assembly of this Province for the Use the Tax by this Act is intended: And the said Assembly shall cause the said Bills so paid in, to be Annually burnt and destroyed, until the whole currency shall be sunk.

XVI. And whereas there are divers considerable Sums of Loan Money due and unpaid, and the Power of the Treasurers to make Distress is already expired; Therefore be it Enacted, That the several and respective County Treasurers, their Heirs, Executors, or Administrators, shall, and are hereby impowered and authorized, at any Time hereafter, to make Distress of all Goods and Chattels of Persons who are indebted for any Loan Money, or for want of such Goods and Chattels, to seize and dispose of such mortgaged Lands, in order to discharge such Sum or Sums due and in Arrear on such Mortgages; the Expiration of any Law to the contrary, notwithstanding.

XVII. And be it further Enacted, by the Authority aforesaid, That the several County Treasurers, their Heirs, Executors, or Administrators, shall pay, to the Public Treasurer of the respective Counties within this Province,

-------------------- page 296 --------------------
all the Bills of Credit now in their Hands, or which hereafter shall be by them, or any of them, respectively received; and the said Public Treasurer shall account with, and pay to the General Assembly, all such Sums of Money as they shall receive in Virtue hereof; which shall be burnt and destroyed: And the Clerk of the Assembly shall keep a fair Account of all Monies that shall from Time to Time, be paid in and burnt.

XVIII. And be it further Enacted, by the Authority aforesaid, That the Commissioners herein before appointed, shall, before they enter upon the Execution of their respective Offices, give in Bond, to his Excellency the Governor, for the use of the Public, in the Sum of Three Thousand Pounds, Proclamation Money, each, for the due and faithful Execution of his Office, according to the true Intent and Meaning of this Act.

XIX. And be it Enacted, by the Authority aforesaid, That the said Commissioners shall have and receive, for their Stamping, exchanging and paying out the said Bills of Credit, the Sum of Five Hundred Pounds, Proclamation Money.

XX. And be it Enacted, That the Act, intituled, An Act, laying a Tax for sinking the now Current Bills of Credit, and also the Act, intituled, An Act, for facilitating the Navigation of the several Ports of this Province, and for buoying and beaconing the Channels leading from Ocacock to Edenton, Bath Town, and New Bern, and from Top-Sail 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 also the Act, for raising a Public Magazine of Ammunition, upon the Tonnage of all Vessels trading to this Government; and every Clause and Clauses, Article and Articles of them; and also a Clause of an Act, intituled, 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 Government, so far as it relates, to the collecting and receiving the said Duties on Wine, Rum, and distilled Liquors, be, and are hereby severally repealed, and declared void as if the same had never been made.

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



Additional Notes for Electronic Version: After an examination of the March/April 1748 General Assembly Session Records at the North Carolina State Archives, it has been determined that there is a transcription error in the original CSR volume. Chapter 1, Section 1 of these session laws should read "?within Six or Seven Miles of the Northeast Corner [written as "No.East" in original document] of the said County?," rather than "Northwest Corner" as printed in the paper edition.