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Acts of the North Carolina General Assembly, 1748
North Carolina. General Assembly
September 1748
Volume 23, Pages 297-309

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LAWS OF NORTH CAROLINA, 1748.

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

CHAPTER I.
An Act to appoint a convenient Place for holding the County Court of Granville, and to impower the Commissioners hereafter named, to build a Court-house, Prison, and Stocks in the said County.

I. Whereas by 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; amongst other Things it was Enacted, That the Justices of the said Court, or the Majority of them, at their first Meeting, should nominate and appoint a convenient Place within the said County, to build a Court-house, Prison, Stocks; which said Justices, being then unacquainted with the Bounds of the said County, did, by Order of the said Court, appoint a Place whereon to build a Court-house, Prison and Stocks; which said Place, upon Examination is found to be within Six or Seven Miles of the Northwest Corner of the said County, to the great Incommodity and Detriment of the Inhabitants of the said County attending the said Court: Wherefore,

II. We pray that it may be Enacted, And be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That the Court-house, Prison, and Stocks, for the said County of Granville, shall be erected on or near a Branch of Tar River, commonly called or known by the Name of Tabb's Creek.

III. And be it further Enacted, by the Authority aforesaid, That Mr. William Eaton, Mr. Edward Jones, and Mr. Jonathan White, be, and they are hereby appointed Commissioners, to make choice of a Convenient and Suitable Place, at or near the said Creek, for the erecting and building thereon a Court-house, Prison, and Stocks, and also, to contract and agree with the Workmen to build the same, of such Dimensions as to them shall seem meet and convenient.

IV. And for defraying the Expence thereof, Be it Enacted, by the Authority aforesaid, That so much of the Tax, laid on the Inhabitants of the said County of Granville, by the above recited Act, not already collected, and paid to the Commissioners, shall, by the Sheriff of the said County, be collected, and by him accounted for, and paid, to the said Commissioners in this Act mentioned and appointed, under the Penalty of Ten Pounds, Proclamation Money, and by them applied for and towards building the Court-house, Prison, and Stocks, in this Act mentioned to be built.

V. And whereas the Court-house, Prison, and Stocks, already begun to be built, will, after the Court-house, Prison, and Stocks, in this Act mentioned to be built, shall be finished, be of no Service to the said County; Therefore,

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be it Enacted, That the Commissioners herein appointed, shall have full Power and Authority, and they are hereby vested with full Power and Authority, to sell and dispose of the said Court-house, Prison and Stocks, to the best Advantage; and the Monies arising by such Sale, shall be by them applied for and towards the building of the Court-house, Prison, and Stocks, at Tabb's Creek aforesaid.

VI. And be it Enacted, by the Authority aforesaid, That the Clause of the before recited Act, so far as relates to the appointing a Place for building a Court-house, Prison, and Stocks, and building the same, be, and is hereby repealed and made void, to all Intents and Purposes, and Constructions, as if the same had never been made.

VII. Provided always, That nothing in this Act shall be construed, to make void any Bond entered into by the Justices of the said County, to any Person, or to annul or invalidate, or make void, any Suit that is or may be brought thereon; and that the said Justices lay no further or other Tax than what is already laid, for building the Court-house on Tabb's Creek aforesaid.

CHAPTER II.
An Act for defraying the Expence of the Members of his Majesty's Honourable Council, and the Members of the General Assembly of this Province, in their travelling to, from, and attending at the said Assemblies; and to compell their Attendance.

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 every Member of his Majesty's Council, and every Member of the General Assembly, shall have and receive Seven Shillings, and Six Pence, Proclamation Money, per Day, for any Time he shall serve this present Session of Assembly, or any Time he shall serve in any future Assemblies of this Province, and also, the Sum of Seven Shillings and Six Pence, Proclamation Money, per Day, for any Time he has this Session of Assembly, or hereafter shall be, in travelling to and from any Assembly in this Province and attending the same, together with reasonable Allowance for his Ferriages; which Monies so, becoming due, shall be put on the Estimate of the Public Debts, a Certificate of which shall be delivered, by the Clerk of the General Assembly, counter-signed by the Speaker, to the Person to whom the same shall become due, who is hereby required to produce the same to his Excellency the Governor and Commander in Chief for the Time being, to be by him signed: Which Certificate so signed, being produced to the Public Treasurer, or Treasurers, shall be a sufficient Warrant for him, and he is hereby required to pay the Sum allowed in such Certificate, out of any Public Money in his Hands, not before otherways appropriated by Law; which shall be allowed to such Treasurer, on settling his Public Accounts.

II. And be it further Enacted, by the Authority aforesaid, That whatsoever Member of his Majesty's Honourable Council, or Member of the General Assembly, shall fail in making his personal Appearance, and giving his Attendance, precisely at the Day limited by the Writ, or appointed by prorogation, shall be fined, for every Day's absence during the Sitting of that Assembly, unless by Disability or other Impediments, to be allowed of by the

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Council or Assembly, with Regard to their respective Members, Ten Shillings, Proclamation Money, per Day, to be recovered by a Warrant from the Chairman of his Majesty's Council, if one of their Board, and from the Speaker of the General Assembly, for that House, and directed to the Messenger of the respective House of which such Person so absenting is a Member; who is hereby impowered and required to levy the same, by Distress and Sale of the Offender's Goods, and to return the said Fine or Fines to the Governor, Council, and General Assembly; which shall be applied by them to the Use of the Public.

III. And be it further Enacted, by the Authority aforesaid, That every Member of his Majesty's Council, or Member of the General Assembly, who, after making his personal Appearance as aforesaid, shall absent himself from the Service of his House, without leave first had and obtained from such House, shall forfeit and pay the Sum of Forty Shillings, Proclamation Money, for every Day he shall so absent himself; to be recovered, levied, and applied, as aforesaid, and may be sent for in Custody of the Serjeant at Arms, by a Warrant from the Chairman or Speaker aforesaid, at his own Expence, and be further liable to the Censure of the House of which he is a Member, for such his Contempt.

CHAPTER III.
An Act for ascertaining the Bounds of a certain Tract of Land formerly laid out by Treaty to the use of the Tuskerora Indians, so long as they, or any of them, shall occupy and live upon the same; and to prevent any Person or Persons taking up Lands, or settling within the said Bounds, by Pretence of any Purchase or Purchases made, or that shall be made, from the said Indians.

I. Whereas Complaints are made by the Tuskerora Indians, of divers Incroachments made by the English on their Lands, and it being but just that the ancient Inhabitants of this Province shall have and enjoy a quiet and convenient Dwelling-place in this their native County; 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 General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That the Lands formerly allotted the Tuskerora Indians, by solemn Treaty, lying on the Morattock River, in Bertie County, being the same whereon they now dwell, butted and bounded as follows, viz., Beginning at the Mouth of Quitsnoy Swamp, running up the said Swamp Four Hundred and Thirty Poles, to a Scrubby Oak, near the Head of the said Swamp, by a Great Spring; then North Ten Degrees East, Eight Hundred and Fifty Poles, to a Persimmon Tree on the Raquis Swamp; then along the Swamp and Pocoson main Course, North Fifty Seven Degrees West, Two Thousand Six Hundred and Forty Poles to a Hickory on the East Side of the Falling Run, or Deep Creek, and down the various Courses of the said Run to Morattock River; then down the River to the first Station; shall be confirmed and assured, and by Virtue of this Act, is confirmed and assured, unto James Blount, Chief of the Tuskerora Nation, and the People under his Charge, their Heirs and Successors, forever; any Law, Usage, or Grant, to the contrary, notwithstanding.

III. Provided always, That it shall and may be lawful for any Person or Persons, that have formerly obtained any Grant or Grants, under the late

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Lords Proprietors, for any Tracts or Parcels of Land within the aforesaid Boundaries, upon the said Indians deserting or leaving the said Lands, to enter, occupy, and enjoy the same, according to the Tenor of their several Grants; any Thing herein to the contrary, notwithstanding.

IV. And be it further Enacted, by the Authority aforesaid, That it shall not nor may be lawful, for the Lord Granville's Receiver to ask, have, or demand, any Quit-Rents for any of the said Tracts or Parcels of Land, taken up within the said Indian Boundaries, as aforesaid, until such Time the Indians have deserted the same, and the Patentee be in Possession thereof, and then only for such Rents as shall from thence arise and become due; any Law, Usage, or Custom, to the contrary, notwithstanding.

V. And be it further Enacted, by the Authority Aforesaid, That no Person, for any Consideration whatsoever, shall purchase or buy any Tract or Parcel of Land, claimed, or in Possession of any Indian or Indians, but all such Bargains and Sales shall be, and are hereby declared to be null and void, and of none Effect; and the Person so purchasing or buying any Land of any Indian or Indians, shall further forfeit the Sum of Ten Pounds, Proclamation Money for every Hundred Acres by him purchased and bought; one Half to the Use of the Public, the other Half to him or them that will sue for the same; to be recovered, by Action of Debt, Bill, Plaint, or Information, in any Court of Record within this Government, wherein no Essoign, Protection, Injunction, or Wager of Law shall be allowed or admitted of.

VI. And be it further Enacted, by the Authority aforesaid, That all and every Person and Persons, other than the said Indians who are now dwelling on any of the Land within the Bounds above-mentioned, to have been allotted, laid out, and prescribed to the said Tuskerora Indians, shall, on or before the Twenty Fifth Day of March, next ensuing the Ratification of this Act, remove him or herself and Family off the said Land, under the Penalty of Twenty Pounds, Proclamation Money; And if any Person or Persons, other than the said Indians, shall neglect or refuse to move him or herself and Family off the said Lands, on or before the Twenty Fifth Day of March next; and if any Person or Persons, other than the said Indians, shall hereafter presume to settle, inhabit, or occupy any of the said Lands hereby allotted and assigned for the said Tuskerora Indians; such Person or Persons shall forfeit the further Penalty of Twenty Shillings, Proclamation Money, for each and every Day he, or she, or they shall inhabit or occupy any Lands within the said Indian Bounds, after the said Twenty Fifth Day of March next; and the said Penalties to be recovered and applied in the same Manner as the Penalty in this Act first above mentioned.

VII. And whereas the said Lands belonging to the Tuskerora Indians, have been lately laid out and new Marked, by George Gould, Esq., Surveyor General, at the Request of the said Indians; Therefore be it Enacted, That the said George Gould, Esq., have and receive, for the Trouble and Expence he hath been at in laying out and marking the Indians' Land aforesaid, the Sum of Twenty Five Pounds, Proclamation Money; to be paid by the Public out of the Monies in the Public Treasury.

VIII. And whereas the Indians complain of Injuries received from People driving Stocks of Horses, Cattle, and Hogs, to range on their Lands; for Remedy whereof, Be it Enacted, That Persons driving Stocks to range, or Stocks actually ranging on the Indians' Lands, shall, and are hereby declared, to be liable and subject to the like Penalties and Forfeitures, and may be proceeded against in the same Manner, and subject to the same Recoveries, as by the Law of this Province Stocks driven or ranging upon any White People's Land are liable and subject to; and the said Indians

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shall and may enjoy the Benefit of the Laws in that Case made and provided, in the same Manner as the white People do or can; any Law, Usage, or Custom, to the contrary, notwithstanding.

CHAPTER IV.
An Act for forming a Rent-Roll of all the Lands holden in this Province, for quieting the Inhabitants in their Possessions, and for directing the Payment of Quit-Rents.

I. Be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That all Persons, seized, or Possessed of any Lands in this Province, by any Title or Claim whatsoever, under the late Lords Proprietors, shall, within Twelve Months after this Act shall be published, in the Manner as is hereafter mentioned, register, or tender to be registered or entered, their Patent, Grant, or mesne Conveyance, by which they claim, if in his Majesty's Part of the Province, in the Office of the Auditor General, or his Deputy, if such Lands are not already entered in the said Office, for which no fee or Reward shall be taken, or with the Clerk of the County Court where such Lands may lie, who shall take and receive the Sum of Sixteen Pence, Proclamation Money, for each Patent, Grant, or mesne Conveyance, or the Abstract thereof; which Abstract shall contain the Buttings and Boundings, or Descriptions of the said Lands so registered or entered; and shall likewise transmit an exact Copy of the same Patent, Grant, or mesne Conveyance, or the Abstract thereof, so registered, to the Office of the Auditor General, or his Deputy, on or before the First Day of January, in the Year of our Lord One Thousand Seven Hundred and Forty Nine, under the Penalty of Five Pounds, Proclamation Money; to be recovered, by Action of Debt, in any of his Majesty's Courts of Record within this Province, by any Person whatsoever that will sue for the same.

II. And be it further Enacted, by the Authority aforesaid, That all Persons seized or Possessed of any Lands within that Part of the Province granted by his Majesty, the Seventeenth Day of September, in the Eighteenth Year of his Reign, in the Year of our Lord One Thousand Seven Hundred and Forty Four, into the Right Honourable John Earl Granville, by the Name, Style, and Title of the Honourable John Lord Carteret, shall within Twelve Months after this Act shall be published, in the Manner as is hereinafter mentioned, enter, or tender to be entered, their Patent, Grant, or mesne Conveyance, by which they claim any such Lands, in the Office of the Right Honourable the Earl Granville, at Edenton, or at the County Court-house where the Land lieth, with such Person as shall be appointed by the said Earl's Agent or Agents, who shall enter the same, or an Abstract thereof, for which no Fee or Reward shall be paid; which Abstract shall contain the Buttings and Boundings, and Descriptions of the said Lands.

III. And be it further Enacted, by the Authority aforesaid, That all Patents, Grants, or mesne Conveyances of Lands, claimed under the Lords Proprietors, which shall not be entered, or tendered to be entered, as aforesaid either in the Auditor's Office or the Office of the Earl of Granville, shall be deemed and taken to be null and void, and all the Lands thereby granted, to be vacant Lands, and shall and may be granted by his Majesty, his Heirs, and Successors, or by the Earl Granville, his Heirs, or Assigns, to any Person

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whatsoever; excepting the Lands of Orphans, or Minors, who shall be allowed Twelve Months, after they arrive at Age, to enter the same in the Auditor's Office, or the Office of the Earl Granville; except also all Persons now absent in Parts beyond the Seas, who shall be allowed Five Years for entering such Titles, in Case they continue so long absent, but if they arrive sooner, then only Eight Months after the Arrival.

IV. And for the better ascertaining a Yearly Rent-Roll to his Majesty, and Earl Granville, and for the securing the Quit-Rents for such Lands as shall hereafter be transferred from one Person to another, by mesne Conveyance, or Will; Be it further Enacted, by the Authority aforesaid, That the Public Register in each and every County within this Province, shall, on or before the first Day of February, Yearly, and every Year, transmit to the Office of his Majesty's Auditor-General or his Deputy, or to the Agents of the Lord Granville, if the Lands lie in that Part of the Province granted to the said Lord by his Majesty, a true and exact List of all the Lands so conveyed within such County for which he is Register containing the Parties' Names, the Number of Acres, Situation of such Lands, and the Date of such Conveyance, under the Penalty of Five Pounds, Proclamation Money, for each Neglect; to be recovered, by Action of Debt, Bill, Plaint, or Information, in any of his Majesty's Courts of Record within this Province, wherein no Essoign, Protection, Injunction, or Wager of Law, shall be allowed or admitted of, by any Person who shall sue for the same; for which such Register shall take and receive of the Party registering, Eight Pence, Proclamation Money, for each Deed or mesne Conveyance: And that the Secretary for the Time being, or his Deputy, do, in like Manner, on or before the first Day of February, Yearly, and every Year, transmit to the Office of his Majesty's Auditor-General, or his Deputy, or to the Agents of the Lord Granville, if the Lands lie in that Part of the Province granted to the said Lord by his Majesty, a True and exact List of all the Lands bequeathed by Will, recorded in the Secretary's Office, containing the Date of the Will, the Name or Names of the Legatees, the Number of Acres, and the Counties where such Lands lie, under the like Penalty; to be recovered as aforesaid; for which the said Secretary, or his Deputy, shall take and receive, of the Party's lodging such Wills in the Secretary's Office, Eight Pence, Proclamation Money, for each Will.

V. And whereas several Persons have been for many Years in quiet Possession of Lands in this Province, and have, by Fire or otherwise, lost their Patents, Grants, or mesne Conveyances of their Lands; Be it Enacted by the Authority aforesaid, That all Persons who have, or those under whom they claim, have been in actual and quiet Possession of any Tract or Tracts of Land, for the Space of Twenty Years, next before the Ratification of this Act, and shall make Proof thereof before the Governor and Council, or General Court, or the Court of the County where the Land lieth, and shall enter such Proof in the Auditor's Office, or Office of the Earl Granville, in Case the Land shall lie within his Territory or District; that then, and from thenceforth, such Persons, their Heirs, and Assigns, shall quietly hold and enjoy such Tract or Tracts of Land, against his Majesty, his Heirs, and Successors, or against the said Earl Granville, his Heirs and Assigns, he or they paying the highest Quit-Rents that were actually reserved and made payable to the late Lords Proprietors, in the respective Counties where such Lands lie.

VI. And be it further Enacted, by the Authority aforesaid, That the Quit-Rents hereafter to be paid for any Lands already Granted, or that shall hereafter be granted, within this Province, or which have been actually

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possessed by any Person for the Space of Twenty Years last past, shall be paid in Proclamation Money, at the Court-house in the County where such Lands lieth, or in Inspectors' Notes for Tobacco, at One Penny Proclamation Money, per Pound, or Indigo, at Four Shillings, Proclamation Money, per Pound, good and merchantable, and such as the Inspector shall judge will be intituled to the Bounty given by Act of Parliament, being well inspected, after the same Manner as Tobacco is to be inspected for Payment of Public Taxes, if delivered at such inspecting Houses as are appointed by Law, where Boats or Pettiaguas may conveniently go to receive the same; and provided, that the Tobacco to be delivered at such Houses shall not weigh less than Nine Hundred Weight, Nett Tobacco, in each Hogshead.

VII. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Inhabitants of all and every County or Counties that have not an inspecting house within their County or Counties at a convenient Landing, to send their Tobacco or Indigo to the next convenient inspecting House in any other County, where any Boat or Pettiagua may conveniently come, to transport or take away such Tobacco or Indigo, in Manner as aforesaid; and the Inspector of such inspecting-house shall receive and inspect the same, at the said Inspecting-house, provided such Tobacco shall be delivered at the said Inspecting-house in Hogsheads, containing not under Nine Hundred Weight of Nett Tobacco, each.

VIII. And be it further Enacted, by the Authority aforesaid, That the Record of every Patent or Grant registered in the Secretary's Offices or the Abstracts of them, entered in the Auditor's Office, or the Office of the Earl of Granville, or Exemplifications of them, duly proved, shall be as good and valid in Law, as if the Originals were produced, and may be pleaded and given in Evidence as well as if the Originals were in Being.

IX. And be it further Enacted, by the Authority aforesaid, That the Secretary shall make out, and send to the Clerk of the Court of every County in this Province, a Copy of this Act, within Three Months next after the Ratification hereof, under the Penalty of Twenty Pounds, Proclamation Money; and the Clerk of every County Court shall, the first Court after the Receipt of such Copy, publish the same by Publicly reading thereof in open Court, the second Day of the Sitting of the said Court, under the Penalty of Twenty Pounds, Proclamation Money; the said Penalties to be recovered, by Action of Debt, Bill, Plaint, or Information, in any Court of Record in this Province, by him or them that will sue for the same.

CHAPTER V.
An Act to appoint an Agent to solicit the Affairs of this Province at the several Boards in England

I. Whereas for want of an Agent, appointed by Public Authority, to solicit and truly represent the Affairs of this Province at the several Boards in England, they have often been misrepresented there, to the great Prejudice of the Inhabitants of the said Province: Wherefore,

II. We pray that it may be Enacted, And be it Enacted by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That James Abercromby, of London, in the Kingdom of Great Britain, Esq., be, and is hereby appointed Agent of this Province from the Ratification of this Act, for and

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during the term of two Years, next after the Twenty Fifth Day of March ensuing, to solicit, represent, and transact all such Public Affairs and Business, now relating to the said Province, or that shall or may be moved concerning the same, at any of the Boards in England, during the said Term or Time, according as he shall, from Time to Time, find Occasion, or be directed or instructed, by the Committee of Correspondence herein appointed.

III. And that the said James Abercromby, Esq., in Consideration of his Trouble, Charges, and Expences, in transacting the Public Business of this Province, as Agent, to this Time, and until the Twenty Fifth Day of March, next ensuing, be, and is hereby allowed, the Sum of One Hundred Pounds, Sterling, to be paid immediately after the Ratification of this Act, to the said Committee, for the Use of the said James Abercromby, Esq., out of the Public Treasury, by a Warrant from his Excellency the Governor; which said Sum, shall, by the said Committee, be remitted to the said James Abercromby, by the first Opportunity; and also, the further Sum of Fifty Pounds, Sterling, Yearly, for the said Two Years next after the said Twenty Fifth Day of March, after the Ratification of this Act; which said Sum of Fifty Pounds, shall be yearly paid, out of the Public Treasury, to the said Committee, for the Use of the said James Abercromby, by Warrant from his Excellency the Governor, and be remitted, by the said Committee, to the said James Abercromby.

IV. And be it further Enacted, That the Honourable Robert Halton, and Eleazer Allen, Esqrs.; and Samuel Swann, John Swann, and John Starkey, Esqrs.; and the Majority of them, or the Majority of the Survivors of them, be, and they are hereby nominated and appointed a Committee of Correspondence, from the Ratification of this Act, and during the Continuance of the said Agency; and shall, from Time to Time, during the said Two Years, correspond with the said James Abercromby, Esq., and advise, direct, and instruct him in all such Matters relating to this Province, as may be moved or solicited, or that they may think proper, at any Time, to move or solicit before his Majesty in Council, or at any of the Boards in England: And the said Committee shall, from Time to Time, as often as required, lay before the Governor, Council, and General Assembly, the Advices they shall receive from the said Agent, during the said Two Years; and also Copies of such Dispatches, orders and Directions, as they shall send to him.

V. And be it Enacted, by the Authority aforesaid, That this Act shall be in Force, for and during the Space and Term of Two Years, next after the Twenty Fifth Day of March next, and no longer.

CHAPTER VI.
An Act for the better regulating the Town of New Bern, for fencing the same, and securing the Titles of the several Persons who hold Lots in the said Town.

I. Be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That it shall and may be lawful for such Persons, who are qualified by Law to vote for a Member to serve in General Assembly for the said Town of New Bern, Yearly, after the Ratification of this Act, to assemble and meet, at the Court-house in New Bern, on the fiirst Tuesday in November,

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and then and there choose, by Ballot, in the same Manner as directed in the Law for regulating Elections for Members of Assembly, Five Freeholders, Inhabitants of the said Town, and no more, as Commissioners, for the said Town; and that upon the said Commissioners being chosen, and their Names being properly entered in the Journal of the Proceedings of the said Town, they shall, before they enter on the said Office, take the following Oath: I, A. B., do swear, That I will execute the Office of a Commissioner, faithfully and truly, without Favour, Affection, or Prejudice; and in all Things act for the Good of the Town, and the well governing of it, to the best of my Skill and Judgment; So help me God. And the said Commissioners, after having been so chosen and sworn as aforesaid, shall proceed to elect one out of their Number to be Treasurer for the said Town, and enter such Election in the Journal of the said Town; into which Treasurer's Hands all Monies arising by Sale of Lots, or otherwise by Fine, shall be paid and kept, till disposed of as hereafter directed; who is also hereby required to account with the Proprietor of the said Town, for such Monies as arise by Sale of Lots, and also with the succeeding Treasurer and Commissioners, for all other Monies by him received, during his being Treasurer aforesaid.

II. And be it further 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 Owner of any Lot or Lots to clear all or any Part of them, and to make proper Drains of Water-Courses thro' them, in Six Months after such Order, signed by the Commissioners for the Time being, or the Majority of them; and any Person refusing to comply with the same, or neglecting, shall forfeit and pay Twenty Shillings, Proclamation Money: The Commissioners are also impowered to issue their Warrant, at least Twice a Year, to the Constable, to warn all the Male Tithables to clear or repair the Streets, or make or mend any Public Wharfs or Docks, and also appoint Overseers; any Person neglecting or refusing to Work as directed in this Warrant, or to furnish a sufficient Hand in his or her Place, shall forfeit and pay Two Shillings and Eight Pence, Proclamation Money, per Day for every such Refusal or Neglect.

III. And whereas the inclosing and fencing the Town of New Bern, will be not only commodious to the Inhabitants, but convenient for Travellers, as well as all other Persons who have Business in the said Town; Be it Enacted, by the Authority aforesaid, That the Commissioners for the Time being, or the Majority of them, are hereby impowered to employ Workmen to make up a good and sufficient Fence round the said Town, with such Gates as they shall think proper, and compute the Charge or the making or repairing the same, and lay the same, on the Third Tuesday in March, Yearly, before the County Court, which is hereby impowered to lay a Tax or Levy on each Tithable Person in the County of Craven, and on each Person of a saved Lot in the Town of New Bern, and taxable Persons inhabiting the same, for defraying the said Charge, not exceeding Four Pence, Proclamation Money, Yearly, to be collected by the Sheriff, in the same Manner, and under the same Penalties, as other County Taxes are usually collected; and the Town so fenced is hereby declared to be a Public Pasture, for the Horses of all Travellers, during their Stay in Town, but no longer, for any other Creature except Horses.

IV. And be it further Enacted, by the Authority aforesaid, That any Person whatsoever that shall pull down, take away, or by any means destroy any of the Rails of the said Fence, or any Part thereof, and being thereof

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lawfully convicted by the Oath of any credible Witness, before one or more of the Justices of the Peace, shall forfeit and pay, into the Hands of the Commissioners, for the first Offence, Twenty Shillings, Proclamation, and for the Second, Forty Shillings, like Money; to be recovered by the Commissioners, by Warrant from Two Justices of the Peace; which Monies so recovered, shall be applied towards repairing the said Fence.

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

VI. And be it further Enacted, by the Authority aforesaid, That none of the Inhabitants of the said Town, shall suffer any Hog or Hogs to run at large within the Bounds of the said Town, under the Forfeiture of such Hog or Hogs, to any Person who shall seize or kill the same.

VII. And be it further Enacted, by the Authority aforesaid, That no Person or Persons whatsoever, (except the Inhabitants of the said Town) shall keep, or cause to be kept, any Horses, Cattle or Sheep within the said Town, under the Penalty of Twenty Pounds, Proclamation Money, for each and every Offence; to be recovered and applied as hereafter directed, except their riding Horses, during their Stay in Town: And the Commissioners, or the Majority of them, for the time being, are hereby authorized to cause a Pound to be built and erected, to impound any Horse or Horses, Cattle or Sheep, found at large within the said Bounds of the said Town, contrary to the Meaning of this Act.

VIII. And be it further Enacted, by the Authority aforesaid, That the several Penalties in this Act mentioned, except for destroying the Fence aforesaid shall, by the Commissioners, or the Majority of them, be recovered by a Warrant from Two Justices of the Peace, and be applied towards the making Public Wharfs, erecting a Pound, or repairing the Streets, and to no other Purpose.

IX. And whereas the settlement of the Town of New Bern, hath been much retarded by Persons taking up Lots in the said Town, and not building thereon, as by the Tenor of their Deeds or Grants, and the Law, intituled, an Act for the better settling the Town of New Bern, is expressly provided.

X. And whereas, after the Time therein limited thereon, the same Persons have been permitted to enter and take up the same again, whereby some of the most convenient Lots in the said Town lie unimproved: For Prevention whereof for the future,

XI. Be it Enacted, by the Authority aforesaid, That the Commissioners of the said Town for the Time being, or any Three of them, whereof the Treasurer to be one, are hereby authorized, impowered, and directed, to grant, convey and acknowledge, to any Persons requiring the same, any Lot or Lots of Land within the said Town, not already taken up and built on, agreeable to the said Act, or any Lot or Lots that may hereafter be liable to be taken up for Want of being built on as aforesaid, for the same Consideration, and under the same Restrictions, Limitations, and Forfeitures, as Lots have heretofore been granted, agreeable to the said Act of Assembly for the better settling the Town of New Bern, before mentioned.

XII. Provided nevertheless, That where any Person shall have taken up any Lot or Lots, and hath not built thereon and improved the same, agreeable to the Tenor of his or her Deed or Grant, and the aforesaid Act of

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Assembly, the same Person (Except where the Title of such Lot or Lots, before the Expiration of the time for building thereon, shall fall to a Minor or Minors) shall not have the Preference to be allowed to take up the same again, until the same hath layed vacant Six Months; but the same may and shall, immediately, or any Time after, be granted to any other Person desiring the same, on the same Conditions mentioned by the said Law; and the Commissioners for the Time being, are hereby required to keep a fair Book wherein they shall enter the Time when any Lot was granted, and to what Person, and also of the Time when the same became liable; which Book any Person shall have free Liberty of perusing, as they see proper, at all Times.

XIII. And whereas sundry Disputes may hereafter arise, concerning the Titles to the Lots in New Bern, and the Bounds thereof; Be it Enacted, by the Authority aforesaid, That the Commissioners or Justices formerly appointed, by Act of General Assembly of this Province, intituled, An Act for the better settling of the Town of New Bern, in the Precinct of Craven, and their Successors, are hereby declared to have had a good, absolute, and indefeasible Estate, in Fee, in the Two Hundred and Fifty Acres of Land, by the said Act of Assembly allotted and laid out for the Town of New Bern respectively, in Trust and Confidence, to and for the Uses in the said Act mentioned; and the Commissioners or Justices for this Act, hereafter to be chosen and elected, as before mentioned, are hereby declared to have, for the Time being, a good, absolute, and indefeasible Estate, in Fee, in all such Lands or Lots within the Limits of the said Town, which have not been disposed of by the former Commissioners or Justices, and built on, agreeable to the before recited Act for settling the Town, but in Trust and Confidence, to and for the Uses in the before recited Act mentioned, and for no other Use or Purpose whatsoever; and the said Lands or Lots contained in the said Two Hundred and Fifty Acres of Land, are hereby confirmed to the said Commissioners or Justices, for the Time being, in Fee, to the Use or Uses in the said Act mentioned, and to no other Use or Purpose whatsoever.

XIV. Provided always, and be it further Enacted, That nothing in the afore-recited Act, or in this Act, shall be construed or extended to the defeating the Title to any Lot in the said Town which had been built upon and improved before the first recited Act; any Thing in the same to the contrary, notwithstanding.

XV. And be it further Enacted, by the Authority aforesaid, That all and every Person or Persons, who have purchased and paid for any Lot or Lots of Land in the Said Town of New Bern, of any of the Commissioners or Justices, pursuant to the above-mentioned Act of Assembly, and have fully complied with the Conditions in the said Act mentioned; and all Persons which may hereafter purchase and pay for any Lot or Lots of Land in the said Town, of any of the Commissioners hereafter to be elected and chosen agreeable to this Act, and shall fully comply with the Conditions in their Deed or Grant, and the above-recited Act of Assembly; are hereby declared to be invested with a good, absolute and indefeasible Estate, in fee, to such Lot or Lots, and the same are hereby confirmed, in Fee to such Person, or Persons, and to his and their Heirs and Assigns, forever.

XVI. And be it further Enacted, by the Authority aforesaid, That all Water or Front Lots, adjoining the Street or Lots of the said Town of New Bern, shall be deemed, held and taken to be Part of the said Town; and it shall and may be lawful for any Person to take up the same, and build thereon, any Wharf, Warehouse, or other Improvements, as they shall think

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proper, after giving Three Months' Notice to the Owner or Owners of such Lots as shall front such Water Lots.

XVII. And be it Enacted, by the Authority aforesaid, That it shall and may be lawful for the Commissioners aforesaid, to choose, employ and agree with a proper Person, as Clerk of the said Town; which Clerk is hereby required to keep a fair and regular Journal of all the Proceedings concerning the said Town, and register therein all Deeds given by the Commissioners for Lots, entered and taken up, for which he shall receive from the Owner or Taker-up of the said Lot, Two Shillings and Eight Pence, Proclamation Money, and no more: which said Book or Journal shall be free for any Person's Perusal, on Paying. One Shilling, Proclamation Money, under the Penalty of Twenty Shillings, like Money; to be recovered from the said Clerk, in Manner aforesaid, for every such Refusal or Neglect, to be recovered as aforesaid.

XVIII. And be it further Enacted, by the Authority aforesaid, That the Commissioners of New Bern, shall cause to be made a new and correct Plan of the said Town, with proper Descriptions, and lay the same before the Governor, Council, and General Assembly, at their next sitting; which Plan, when approved of by them, shall be deemed and taken to be the true Plan of the said Town, and no other Plan to be admitted: Provided, That in the same Plan so to be Made, Regard shall be had to the first Owner of every saved Lot, to preserve his Title thereto, altho' it should appear that the same was misnumbered.

XIX. And be it further Enacted, by the Authority aforesaid, That all and every Person or Persons, who have or hold Lots already saved in the said Town, or that shall hereafter save any Lot or Lots in the said Town, such Person or Persons shall within Six Months after the Ratification of this Act, register all such Lot or Lots already saved, with the register of the said County, or within Six Months after the Date of such Deed or Conveyance.

XX. And be it Enacted, by the Authority aforesaid, That the Clause in the before-recited Act, and so much thereof as relates to the appointing Commissioners or Justices for the Town of New Bern, be, and is hereby repealed, to all Intents and Purposes.

CHAPTER VII.
An Act to alter and amend an Act, intituled, An Act for appointing Commissioners to revise and print the Laws of this Province; and for granting unto his Majesty, for defraying the Charge thereof, a Duty on Wine, Rum, and distilled Liquors, and Rice imported into this Province.

I. Whereas the revising and printing the Laws of this Province tho' so very much wanted and desired, hath hitherto met with unexpected delay: For Remedy whereof,

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 Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That such Commissioner or Commissioners only in the above recited Act mentioned who shall revise and compile the Laws of this Province into One Body, and make an Index, Marginal Notes, and References thereto, ready to be laid before the General Assembly, by them to be ratified and confirmed, shall have and receive, to his and their own Use, the Sum of Sixty Pounds,

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Proclamation Money, in the said above recited Law mentioned; and in Order to enable the said Commissioner or Commissioners to procure an able Clerk or Clerks to expedite the same, he or they shall have and receive the additional Sum of Forty Pounds, Proclamation Money; to be paid by the General Assembly, out of the Duty already arisen by Virtue of the said Act; and in Case any Deficiency shall happen, then the said Commissioner or Commissioners shall be paid the same out of the Public Treasury: Provided the said Laws shall be revised, compiled, and compleated, ready to be laid before the General Assembly of this Province, within the Space of Five Months, next after the Ratification of this Act, or at the first meeting of the General Assembly after that Term, and not otherwise.

III. And be it further Enacted, by the Authority aforesaid, That such Commissioner or Commissioners, who shall revise and compile the said Laws as aforesaid, after the Ratification of the same, shall print them, together with such other Laws as shall be passed to the Time of such Ratification, and shall have the Benefit and Advantage of the sole Printing and vending the said Books, for the Space of Five Years; and also, have and receive, to his or their own Use, for printing and delivering the several Books of the said Laws, mentioned in the above recited Act, so revised and compiled, the Sum of One Hundred Pounds, Proclamation Money; and may lawfully take and receive the Sum of Twenty Shillings, Proclamation Money, for each bound Book by him or them printed and sold, and no more.

IV. And be it further Enacted, That the said Laws so revised, compiled, and printed, by one or more of the Commissioners aforesaid, and ratified by the General Assembly, as aforesaid, shall be allowed to be given in Evidence, and, to all Intents and Purposes, be as good and valid in Law as tho' they had been revised, compiled and printed, by all the Commissioners or the Majority of them: And all Persons are hereby prohibited to import or vend any Printed Book or Books of the said Laws in this Province, other than such Person or Persons as shall be authorized and impowered by the Commissioner or Commissioners who actually revised, compiled, and printed the same, under the same Penalties, and to be recovered in the same Manner, as is prescribed in the Act first above recited, in Case the whole Number of Commissioners, or the Majority of them, had revised, compiled, and printed the said Laws; any Law or Clause of a Law, to the contrary, notwithstanding.

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