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Acts of the North Carolina General Assembly, 1749
North Carolina. General Assembly
September 26, 1749 - October 18, 1749
Volume 23, Pages 317-341

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LAWS OF NORTH CAROLINA, 1749.

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

CHAPTER I.
An Act to put in Force in this Province, the several Statutes of the Kingdom of England, or South-Britain, therein particularly mentioned.

I. Whereas many of the Statute Laws of the Kingdom of England, or South-Britain, by Reason of the different Way of Agriculture, and the different Productions of the Earth of this Province, from that of England are altogether Useless, and many others, which otherwise are very apt and good, either by reason of their Limitation to particular Places, or because in themselves they are only Executive by such nominal Officers as are not in, nor suitable for the Constitution of this Government, are thereby become impracticable here.

II. Be it therefore Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and With the Advice and Consent of his Majesty's Council, and General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That the several Statutes, and the several Paragraphs or Sections of the several Statutes of the Kingdom of England intituled as followeth, and made and Enacted in such Years of the Reigns of the Kings and Queens of England as before the Titles of the several Statutes, as in this Act set down, are, and are hereby to be in as full Force, Power, and Virtue, as if the same had been specially Enacted and made for this Province, or as if the same had been made and Enacted there in, by any General Assembly thereof: That is to say:

Magna Charta.
9 Henry III. Chap. 1. An Act for Confirmation of Liberties.
8. How Sureties shall be charged to the King.
14. How men of all sorts shall be amerced, and by whom.
18. The King's Debtor dying, the King shall be first paid.
28. Wager of Law shall not be, without Witness.
29. None shall be condemned without Tryal; Justice shall not be sold or deferred.
34. In what only Case a Woman shall have an Appeal of Death.

Merton.
10 Henry III. Chap. 1. A Woman shall recover Damages in a Writ of Dower.
2. Widows may bequeath the Cross of their Lands.
9. He is a Bastard that is born before the Marriage of his Parents.

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Marlbridge.
52 Henry III Chap. 4. A Distress shall not be drawn out of the County and it shall be reasonable.
5. What kind of Manslaughter shall be adjudged Murder.
17. The Authority and Duty of Guardians in Socage.
23. A Remedy against Accomptants. Farmers, shall make no Waste.

Westminster the First.
Edward I. Chap. 3. No Penalty for an Escape, before it be adjudged.
4. What shall be adjudged Wreck of the Sea, and what not.
6. Amerciaments shall be reasonable, and according to the Offence.
12. The Punishment of Felons refusing lawful Tryals.
14. Appeal against the Principal, and Accessory.
23. None shall be distrained for a Debt be oweth not.
25. None shall commit Champerty, to have Part of the thing in Question.
29. Penalty on a Serjeant or Pleader, committing Deceit.

Gloucester.
6 Edwd. I. Chap. 9. One Person killing another in his own Defence, or by Misfortune, an Appeal of Murder.

Westminister the Second.
13 Edwd. I. Chap. 10. In Gifts in Tail, the Donor's Will shall be observed, The Form of a Formedon.
11. The Masters Remedy against their Servants, and other Accomptants.
12. The Appellant being acquitted, the Appellor, and Abettors shall be punished: There shall be no Essoign for the Appellor.
19. The Ordinary Chargeable, to pay Debts, as Executors.
34. It is Felony to commit a Rape; a married woman with an Advouterer.
37. No Distress shall be taken, but by Bailiffs, known and sworn.
40. A Woman's Suit shall not be deferred by the Minority of the Heir.

Articuli Super Chartas.
23 Edwd. I. Chap. 10. The Remedy against Conspirators, false Informers, and Embracers of Juries.
11. Nothing shall be taken to Maintain any Matter in Suit.
12. What Distress shall be taken for the King's Debt, and how it shall be used.
16. What shall be done with them that make false Return of Writs.

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Statute the Second.
33 Edwd. I. Who be Conspirators, and who be Champartors.

Statute the Third.
The Punishment of such as commit Champarty.

Statute the Fourth.
34 Edwd. I. Chap. 1. The King, or his Heirs, shall have no Tallage or Aid, without Consent of Parliament.
4. All Laws, Liberties, and Customs, confirmed.

Statute the Second.
1 Edwd. II. In what Case it is Felony to break Prison, and what not.
1 Edwd. III. Chap. 7. Inquiry shall be made of Gaolers, which by Duress compelled Prisoners to appeal.
6. Justices shall have Authority to punish Breakers of the Peace.
8. No commands under the King's Seal shall disturb or delay Justice.
1 Edwd. III. Chap. 2. The Authority of Justices of Assize, Gaol Delivery, and of the Peace.
7. Executors shall have Action of Trespass for a wrong done to their Testator.
9. Sheriffs, Bailiffs of Hundreds, and Escheator, shall have sufficient in the County.
10. Sheriffs and Gaolers, shall receive Offenders without any Thing taken.
11. Justices of Assize, &c., shall enquire of Maintainers, Conspirators, and Champartors.
5 Edwd. III. Chap. 9. None shall be attached, or forejudged, contrary to the Great Charter, or the Law.
10. The Punishment of a Juror that is ambixeter and taketh Money.
11. Process against those that be appealed, indicted, or outlawed, in one County, and remain in another.
14. Night Walkers, and suspected Persons, shall be safely kept.
10 —— Chap. 2. Pardons shall not be granted contrary to the Statute of 2 Ed. III. Chap. 2.
20 —— Chap. 4. None shall maintain any quarrel but their own.
—— Chap. 6. Justices of Assize shall enquire of, and punish the Misdemeanors of Officers, and other Offenders.

Statute the Fifth.
25 Edwd. III. Chap. 2. A Declaration which Offences shall be adjudged Treason
3. No Indictor shall be put upon the Inquest of the Party Indicted.

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[Statute the Fifth.]
4. None shall be condemned upon Suggestion without lawful Presentment.
5. Executors of Executors shall have the Benefit and Charge of the first Testator.
17. Process of Exigent shall be awarded in Debt, Detinue, and Replevin.
19. By the King's Protection the Party's Suit shall not be hindered, but his Execution.
34 —— Chap. 8. The Penalty of a Juror, taking Reward to give his Verdict.
12. There shall be no forfeiture of Lands for Treason of dead Persons, not attainted.
37 —— Chap. 2. An Indemptitate Nominis shall be granted, upon the wrong seizure of another Person's Lands or Goods.
38 —— Chap. 8. A Ship shall not be lost for a small Thing therein not customed.
12. The Punishment of a Juror taking a Reward to give his Verdict; and of Embracers.
42 —— Chap. 3. None shall be put to answer an Accusation made to the King, without Presentment.
10. Children born beyond the Sea in the King's Dominions, shall be inheritable in England.
50 —— Chap. 6. Fraudulent Assurances of Lands or Goods to deceive Creditors, shall be void.

Statute the Fifth.
1 Richard II. Chap. 12. A Prisoner by Judgement shall not be at large: Confession of a Debt to the King, to delay another Execution.
8 —— Chap. 4. The Penalty of a Judge or Clerk, making any false Entry, erase a Roll, or change a Verdict.
13 —— Chap. 5. With what Things the Admiral, and his Deputy, shall meddle.
15 —— Chap. 2. The Duty of Justices of the Peace, when any forcible Entry is made into Lands.
3. In What Places the Admiral's Jurisdiction doth lie.
2 Henry VI. Chap. 11. A Remedy for him who is wrongfully pursued in the Court of Admiralty.
4 —— Chap. 18. The Punishment of an Attorney found in Default.
23. Judgments given shall continue, until they be reversed by Attaint or Error.
5 —— Chap. 5. It shall be Felony to cut out the Tongue, or pull out the Eyes, of the King's Liege People.
8 Henry VI. Chap. 9. Duty of Justices of the Peace, where Land is entered upon, or detained, with Force.
12. No Judgment or Records shall be reversed by any Writ, Process, &c., erased: Which Defect in Records may be amended by the Judges and which not.

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[Statute the Fifth.]
15. The Justices may, in certain Cases, amend Defaults in Records.
9 —— Chap. 4. An Indemptitate Nominis maintainable by Executors.
14 —— Chap. 1. Justices of Nisi Prius may have Judgment of a Man attainted or acquitted of Felony.
18 —— Chap. 6. No Lands shall be granted until the King's Title be found, by Inquisition.
12. Appeals or Indictments of Felony, committed in a Place where there is none such.
31 —— Chap. 9. A Remedy for a Woman enforced to be bound by the Statute or Obligation.
33 —— Chap. 1. A Remedy for Executors against Servants, that embezzle their Master's Goods after his Death.
1 Rich. III. Chap. 3. Every Justice of Peace may let a Prisoner to Mainprize: No Officer shall seize the Goods of a Prisoner until he be attainted.
3 Hen. VII. Chap. 2. The Penalty of carrying a Woman away, against her Will, that hath Lands or Goods.
3. Justices of the Peace may let Prisoners to Bail: The Sheriff shall certify the Names of all his Prisoners at the Gaol Delivery.
4. All Deeds of Gifts made to defraud Creditors shall be void.
10. Cost, &c., awarded to the Plaintiff, where the Defendant sueth a Writ of Error.
4 —— Chap. 12. All Justices of the Peace shall execute their Commission, redress Injuries, and maintain Law.
13. Clergy shall be allowed but once: A Convict Person shall be marked with the Letter M. or T. A Provision for them which be within Orders.
11 —— Chap. 12. A Means to help and speed poor Persons in their Suits.
12 —— Chap. 7. For Murders.
19 —— Chap. 9. Process in Actions upon the Case sued in the King's Bench, and Common Pleas.
20. Writs of Error.
1 Henry VIII. Chap. 8. The Act of Escheators and Commissioners.
4 —— Chap. 2. Punishment of Murders.
21 —— Chap. 4. The Sales of Lands by Part of the Executors, lawful.
11. At what Times Restitution shall be made of Goods stolen.
22 —— Chap. 14. For Abjurations and Sanctuaries, the Sixth Paragraph only, in these Words following: And that no Person, arraigned for Petit Treason, Murder, or Felony, be, from henceforth, admitted to any peremptory Challenge above the Number of Twenty.

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[Satute the Fifth.]
23 —— Chap. 1. An Act concerning Convicts in Petit Treason, Murder, &c.
3. An Act against Perjury, and untrue Verdicts.
15. An Act that the Plaintiff being non-suited, shall yield Damages to the Defendant, in Actions Personal, by the Discretion of the Justices.
24 —— Chap. 5. That a man killing a Thief in his Defence, shall not forfeit his Goods.
25 —— Chap. 3. For such as shall stand Mute, &c.
6. The Punishment for the Vice of Buggery.
27 —— Chap. 4. For Pirates, and Robbers on the Sea.
10. The Act Concerning Uses and Wills.
28 —— Chap. 15. For Pirates.
31 —— Chap. 1. For Joint Tenants, and Tenants in Common.
5. For the Continuation of Debts upon Execution.
32 —— Chap. 9. The Bill of Bracery, and buying of Titles.
1. The Act of Wills, Primer Seisins, whereby a Man may devise Two Parts of his Lands.
30. Mispleadings, Jeofails.
32. Joint Tenants for time of Life, or Years.
33. An Act that wrongfully Disseisin is no Descent in Law.
37. For Recovery of Arrearages of Rents by Executors of Tenants, in Fee Simple.
33 —— Chap. 1. A Bill against them that Counterfeit Letters, or privy Tokens, to receive Money or Goods in other Men's Names.
34 & 35 —— Chap. 8. The Bill concerning the Explanation of Wills.
37 —— Chap. 6. The Bill for burning of Frames.
1 Edward VI, Chap. 12. An Act for the Repeal of certain Statutes concerning Treason and Felonies, &c. Paragraph the 13th, Wilful killing by Poisoning, shall be adjudged Murder.
2 & 3 —— Chap. 33. A Bill for Horse, and Horse-stealers.
5 & 6 —— Chap. 9. An Act for taking away Benefit of Clergy, for certain Offenders.
10. An Act for the avoiding of Clergy from divers Persons.
1 Mary, Chap. 6. Counterfeiting of strange Coins, &c., adjudged Treason.
1 & 2 Philip and Mary, Chap. 11. Bringing in of Counterfeit Coin into this Realm, shall be punished as Traitors.
13. An Act touching Bailment of Persons.
2 & 3 —— Chap. 10. An Act to take examination of Prisoners suspected of any Manslaughter or Felony.
4 & 5 —— Chap. 4. An Act that accessories in Murder, and divers felonies, shall not have Benefit of Clergy.

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[Statute the Fifth.]
8. An Act for the Punishment of such as shall take away young women that be Inheritors being within the Age of Sixteen Years, or marry them without Consent of their Parents.
5 Elizabeth, Chap. 9. An Act for Punishment of such Persons as shall procure or commit any wilful Perjury.
11. Clipping, &c., of Coins, for Gain sake, shall be high Treason.
14. An Act against Forgers of false Deeds and Writings.
17. An Act for the Punishment of the Vice of Buggery.
8 —— Chap. 2. The Defendant shall recover Costs and Damages, where the Plaintiff doth delay or discontinue his Suit, or his Non-Suit, &c.
4. An Act to take away Benefit of Clergy from certain Offenders for Felony.
13 —— Chap. 5. An Act against fraudulent Deeds, Alienations, &c.
18 —— Chap. 7. An Act to take away Benefit of Clergy from Offenders in Rape, and Burglary; and an Order for the Delivery of Clerks convict, without Purgation.
14. An Act for reformation and Jeofails.
27 —— Chap. 4. An Act against covinous and fraudulent Conveyances.
5. An Act for Furtherance of Justice, in Case of Demurrer in Pleadings.
13. An Act for the following of Hue and Cry.
31 —— Chap. 11. An Act of Explanation or Declaration of the Statute Octavo Regis, Henry 6, concerning forcible Entries, and the Indictments thereupon found.
39 —— Chap. 9. An Act for taking away Clergy from Offenders against a certain Statute, made in the Third Year of the reign of Henry 7, concerning the taking away Women against their Wills, unlawfully.
15. An Act that no Person, robbing any House in the Day Time, altho' no Person be therein, shall be admitted to have the Benefit of his Clergy.
43 —— Chap. 5. An Act to prevent Perjury and Subornation of Perjury and unordinary Expences in Suits of Law.
8. An Act against fraudulent Administration of Intestates' Goods.
1 James I, Chap. 8. An Act to take away the Benefit of Clergy from some Kind of Manslaughter.
11. An Act to restrain all Persons from Marriage, until their former Wives, and former Husbands, be dead.
4 —— Chap. 3. An Act to give Cost to the Defendant, upon a Non-suit of the Plaintiff, or a Verdict against him.
21 —— Chap. 6. An Act concerning Women convicted of small Felonies.

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[Statute the Fifth.]
13. An Act for the further Reformation of Jeofails.
15. An Act to enable Judges and Justices of the Peace, to give Restitution of Possession in certain Cases.
24. An Act for the Relief of Creditors, against such Persons as die in Execution.
27. An act to prevent the destroying and murdering Bastard Children.
3 Charles I . The Petition exhibited to his Majesty, by the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, concerning divers Rights and Liberties of Subjects.

Statute the Second.
13 Charles II. Chap. 6. An Act declaring the sole Right of the Militia to be in the King, and for the present ordering and disposing of the same.
16 —— Chap. 6. An Act to prevent the delivering up of Merchant Ships.
7. An Act against deceitful, disorderly, and excessive Gaming.
16 & 17 —— Chap. 8. An Act to prevent Arrests of Judgments, and superceeding Executions.
17 —— Chap. 7. An Act for a more speedy and Effectual Proceeding upon Distresses and Avowries for Rents.
8. An Act for avoiding unnecessary Suits and Delays.
22 & 23 Chas. II, Ch. 1. An Act to prevent malicious maiming and wounding: Paragraph the 7th, Malicious maiming made Felony, and Paragraph the 8th, Forfeitures.
7. An Act to prevent Malicious burning of Houses, stacks of Corn and Hay, and killing or Maiming of Cattle.
10. An Act for the better settling of Intestates Estates.
29 —— Chap. 3. An Act for preventing Frauds and Perjuries.
30 —— Chap. 7. An Act to enable Creditors to recover their Debts of the Executors and Administrators of Executors in their own Wrong.
31 —— Chap. 2. An Act for the better securing the Liberty of the Subject, and for Prevention of Imprisonment beyond the Seas.
1 James II., Chap. 17. An Act for reviving and Continuance of several Acts of Parliament therein mentioned; only Paragraph the 5th, 6 and 7, relating to the Act for the better settling Intestates' Estates.
1 Wil. & Mary Chap. 8. An Act for the Abrogating the Oaths of Supremacy and Allegiance, and appointing other Oaths.
18. An Act for exempting their Majesty's Protestant Subjects, dissenting from the Church of England, from the Penalties of certain Laws.

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[Statute the Second.]
Session 2, Chap. 2. An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown.
2 —— Chap. 5. An Act for enabling the Sale of Goods distrained for Rent, in Case the Rent be not paid in a reasonable Time.
3 & 4 —— Chap. 9. An Act to take away Clergy from some Offenders and to bring others to Punishment.
14. An Act for Relief of Creditors, against fraudulent Devices.
4 & 5 —— Chap. 16. An Act to prevent Frauds, by clandestine Mortgages.
7 Wil. III. Chap. 3. An Act for regulating Tryals in Cases of Treason, and Misprison of Treason.
7 & 8 —— Chap. 24. An Act requiring the Practitioners of the Law to take the Oaths, and subscribe the Declaration therein mentioned.
8 & 9 —— Chap. 10. An Act for the better preventing frivolous and vexatious Suits.
9 & 10 —— Chap. 15. An Act for determining Differences by Arbitration.
17. An Act for the better Payment of Inland Bills of Exchange.
10 & 11 —— Chap. 16. An Act to enable posthumus Children to take Estates, as if born in their Father's Lifetime.
11 & 12 —— Chap. 6. An Act to enable his Majesty's natural born Subjects to inherit the Estate of their Ancestors, either Lenial or Collateral, notwithstanding their Father or Mother are Aliens.
12 & 13 Wil. III Chap. 2. An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subjects.
1 Anne, Chap. 22. An Act to declare the alterations in the Oath appointed to be taken, by the Act, intituled, An Act for the further security of his Majesty's Person and the Succession of the Crown in the Protestant Line; and for extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret Abettors; and for declaring the Association to be determined.
9. An act for Punishment of Accessories to Felonies, and Receivers of stolen Goods; and to prevent the wilful burning and destroying of Ships.
3 & 4 —— Chap. 9. An Act for giving like Remedy upon Promisory Notes as is now used upon Bills of Exchange, and for the better Payment of inland Bills of Exchange.
4 & 5 —— Chap. 16. An Act for the Amendment of the Law, and the better Advancement of Justice.

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[Statute the Second.]
6 —— Chap. 18. An Act concerning Life Estates.
7 —— Chap. 19. An Act to enable Infants who are seized or possessed of Estates in Fee, in Trust, or by way of Mortgage, to make Conveyances of such Estates.
8 —— Chap. 17. An Act for the better Security of Rents, and to prevent Frauds, committed by Tenants.
9 —— Chap. 14. An Act against unlawful Gaming; Sections 1, 2, 3, 6, and 7, only.
12 Stat. I. Chap. 7. First, Second, and Third Sections only.
18. An Act for the preserving all Ships and Goods thereof, which shall happen to be forced on Shore, or stranded, upon the Coasts of this Kingdom, or any other of his Majesty's Dominions.
2 Geo. II. Chap. 22. Section the 11th only, concerning Debts.
4 —— Chap. 28. An Act concerning Rents.
5 —— Chap. 7. An Act for the more easy Recovery of Debts in his Majesty's Plantations and Colonies in America.
25. An Act to direct the Proceedings in Chancery against Persons beyond Sea.
7 —— Chap. 20. Section 1, 2, and 3 only, concerning Mortgages.
8 —— Chap. 24. Section the 5th, concerning Debts.
11 —— Chap. 19. Twelfth and 13th Sections only, concerning Ejectment.

III. And be it further Enacted, by the Authority aforesaid, That in any of the above enumerated Statutes, where any Reference is made to any former Statute, as to the Penalty, or Manner of Recovery, or Execution of the said Statutes, or where the said Statutes are explained, or continued, or made perpetual, or confirmed, or clergy allowed by any other Statute; that in such Case, the said Statute so referred to, or that doth explain, continue, make perpetual, or confirm the above enumerated Statutes or allow Clergy for the Offence or Offences in any of them mentioned, are hereby declared to be of as full Force in this Province, as if particularly enumerated in this Act IV. And be it further Enacted, by the Authority aforesaid, That all the Statutes of the Kingdom of England, relating to the Allegiance of the People to his present Majesty King George, and his lawful Successors, and the several Public Oaths, and subscribing the Test, required of the People of England in General, by any of the said Statutes of the said Kingdom, and also all such Statutes in the Kingdom of England as declare the Rights and Liberties of the Subject and Enact the better securing the same; as to so much of the said Statute as relates to the above mentioned Particulars of the Allegiance of the People to their Sovereign, the Public Oaths, and subscribing the Test, required of them, and the declaring and securing the Rights and Liberties of the Subjects, are hereby Enacted and Declared to extend to, and to be of full Force in this Province, as if particularly enumerated in this Act.

V. And for the better putting in Force, and Execution of, all and every the before enumerated Statutes, Sections, and Paragraphs of Statutes; Be it Enacted, by the Authority aforesaid, and it is hereby Enacted and declared,

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That the General Assembly of this Province, and the several Members thereof, shall have the same Power and Authority in any Matter or Thing relating to the said Statutes, or that is given by the same to the Parliament of England, or the Members thereof; and his Excellency the Governor, and the Council of this Province, for the Time being, shall have all the Power and Authority relating to the Execution of the said enumerated Statutes, as by the same, or by any other of the Laws of England, are given to the Lord Chancellor, or the Lord Keeper of the Great Seal of England: That the Chief Justice of this Province, and his Associates, for the Time being, shall have all the Power and Authority in the Execution of any of the said enumerated Statutes, as the Chief Justice, or any of the Justices or Judges of the Courts of the King's Bench, or Common Pleas, or any Justices of the Sessions or Commissioners of Oyer and Terminer and Gaol Delivery, in the Kingdom of England, can or may have or do: And that the Justices of the Peace in this Province, shall have the Powers of the Justices of the Peace in the Kingdom of England and every Officer, Minister, or Under Officer of this Province, shall have and execute the same Power and Authority of every Justice, Officer, Minister, or Under-Officer of the same Name, Stile, and usual Office, Employment, and Authority in the Kingdom of England, in and about the Execution of the Premises, to all Intents, Constructions, and Purposes whatsoever, except such Officer or Officers, the Manner and Method of whose Duty and Office, is circumscribed and directed by the Laws of this Province.

VI. And be it further Enacted, by the Authority aforesaid, That all and every Part of the Common Law of England, where the same is not altered by the above enumerated Acts, or inconsistent with the particular Constitutions, Customs, and Laws of this Province, excepting so much thereof as hath Relation to the ancient Tenures, which are taken away by the Act of Parliament, made in the Twelfth Year of the Reign of King Charles the Second, Chapter the Twenty Fourth, intituled, An Act for taking away the Court of Wards and Liveries, and Tenure in Capite, and by Knights Service and Purveyance, &c., whereby it is Enacted, That all Tenures by the Common Law, whether held of the King or any other Person or Persons, are turned into free and common Soccage; and which Statute, as to that Part of it which doth Enact, That all Tenures be turned into free and Common Soccage; is hereby Enacted and declared to be of as full Force in this Province, as if particularly enumerated by this Act; and also excepting that Part of the Common Law which relates to Matters of Ecclesiastical, which are inconsistent with, or repugnant to, the Settlement of the Church, of England in this Province, by the Acts of Assembly thereof; be, and is hereby made and declared to be in as full Force and Virtue within this Province, as the same is, or ought to be, within the said Kingdom of England: And that the Governor for the Time being, with his Council, constituting a Court of Chancery in this Province, shall have Power to put in Execution, and cause to be put in Execution in this Province, so much of the said Common Law, (except as before excepted,) as the Lord Chancellor, or Lord Keeper of the Great Seal of Great Britain, may do in the Kingdom of England: And the Chief Justice of this Province for the Time being, and his Associates, may put in Execution so much of the said Common Law of England within this Province, (except as before excepted) as any of the Justices or Judges of any of the Courts of King's Bench, and Common Pleas, or Commissioners of Oyer and Terminer and General Gaol Delivery, may do in the said Kingdom of England: And every Officer, Minister, or Under-Officer, of this Province, shall Execute so much of the said Laws of this Province (except as before excepted)

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as any Officer, Minister or Under-Officer, of the same Name, Stile, Power, and Authority in the Kingdom of England, may or ought to execute within the same.

VII. And be it further Enacted, by the Authority aforesaid, That every Person respectively whatsoever, who derives any Authority or Power, Judicial or Ministerial, from and by this Act, who shall, or doth neglect, refuse or omit to do and execute all or any such Things which by the Acts before enumerated, or made of Force in this Province by this Act, or required to be done and executed, shall undergo such Penalties, forfeit such Sum or Sums of Money, Loss of Place or Office, for each such Neglect, Refusal, or Omission, as every respective Magistrate, Officer, Minister, and other Person whatsoever within the Kingdom of England, ought to undergo, forfeit, and suffer, by every of the said several and respective Acts; to be prosecuted, recovered, and disposed, according to the Directions of the said several Acts, in any of the Courts of Record within this Province, except where the Punishment of any of the above mentioned Offences is particularly mentioned and appointed, by any Law now in Force in this Government.

VIII. And be it further Enacted, by the Authority aforesaid, That the Governor, the Chief Justice of the Court of Common Pleas, for the Time being, and his Associates, and every other Officer, Minister, Under-Officer, and every other Person whatsoever, concerned in the Execution of any of the above enumerated Acts, shall and may take such and so much Fees, for the doing and executing every Matter and Thing contained within the said Acts, as by the several Acts of Assembly of this Province, made for the ascertaining Officers' Fees, they may or ought to take and receive; any Thing in any of the Statutes mentioned in this Act to the contrary, notwithstanding.

IX. And be it further Enacted, by the Authority aforesaid, That every Court of Record within this Province, shall be taken for, and have and execute, the Power of the King's or Queen's Court, mentioned in any of the before recited Acts.

X. And be it further Enacted, That all Conveyances or Settlements of Lands or Tenements made in this Province, by Way of Bargain and Sale, or otherwise, shall be as good and effectual in Law, to all Intents and Purposes whatsoever, as if the Statute for transferring Uses into Possession, had been made of Force in this Province at the Time of such Conveyances made.

XI. And be it further Enacted, by the Authority aforesaid, That all the Statute Laws of the Kingdom of England, which are not enumerated and made of Force in this Province by this Act, (such only excepted which relate to, or concern his Majesty's Customs, and the Acts of Trade and Navigation,) are hereby declared not adapted, or applicable to, the Circumstances of this Province.

XII. Provided nevertheless, and be it hereby Enacted and Declared, That because few of the Statute Laws of the Kingdom of England, made since the Eleventh Year of the Reign of his present Majesty King George the Second, have been transmitted to this Province; It is hereby Enacted, That all Statute Laws made within the Kingdom of England since the said Eleventh Year of the Reign of his said Majesty King George the Second, shall be deemed, construed, and taken, to have such and the same Relation and Force in this Province, and all his Majesty's Subjects, inhabiting or dwelling in the same, as the same might, could, or ought to have had, if this Act had never been made.

XIII. Provided also, That this Act or any enumerated Act, or Clause, or

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Paragraph, or Section, or any Act therein contained, shall not be Construed or extended to alter the full course of Proceedings in the several Courts of Judicature in the Province; and the Manner of Drawing, balloting, or choosing of Jurymen, as the same is prescribed by the Laws of this Province in that Case made and Provided, and all other Acts of Assembly of this Province, relating to the regulating Proceedings of the Courts of Judicature in this Province, are hereby declared to be of as full Force and Virtue, as if this Act had never been made; and the above enumerated Statutes of the Kingdom of England, are hereby Enacted to be put in Execution in this Province, as to the substantial Parts, and so as not to alter the usual Proceedings in our Courts in this Province, and the said Jury Acts: Any particular Clauses or Paragraphs in the Above enumerated Acts, with Respect to the particular Circumstances of England, being, or seeming to be to the contrary hereof, in anywise, notwithstanding.

CHAPTER II.
An Act to revise a Clause in an Act of the General Assembly of this Province, intituled, an Act to fix a Place for the seat of Government, and for keeping Public Offices; for appointing Circuit Courts, and defraying the Expence thereof; and also for establishing the Courts of Justice, and regulating the Proceedings therein; passed the Fifth Day of December, One Thousand Seven Hundred and Forty Six.

I. Whereas, by an Act of the General Assembly of this Province, passed the Fifth Day of December, One Thousand Seven Hundred and Forty Six, intituled, An Act to fix a Place for the Seat of Government, and for keeping Public Offices; for appointing Circuit Courts, and defraying the Expence thereof; and also for Establishing the Courts of Justice, and regulating the Proceedings therein; it is, among other Things, Enacted, That a Tax of Four Pence, Proclamation Money, per Poll, Annually, shall be levied on each and every taxable Person within this Province, for and during the Term of Three Years, and no longer; to be applied towards defraying and paying the Chief Justice and Attorney-General, as a Recompence for their Trouble and Expence of going the Circuits, as in the said before recited Act may more fully and at large appear; And whereas the Time limited by the afore-recited Act, for levying and collecting the said Tax of Four Pence, Proclamation Money, is near expiring.

II. Be it therefore Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That from and after the Expiration of the Time limited in the said Clause of the aforesaid Act, the said Tax of Four Pence, Proclamation Money, per Poll, shall continue to be levied, Annually, on each and every Taxable Person within this Province, in such Manner as by the before recited Act is directed; and shall be paid to the Treasurer of the District where such Tax is levied respectively, and by him applied towards defraying and paying the Chief Justice and Attorney General, as aforesaid: Any Thing in the before recited Act to the contrary, notwithstanding.

III. And be it further Enacted, by the Authority aforesaid, That this Act shall continue and be in Force for the Term of Three Years, next after the Ratification thereof, and from thence to the End of the next Session of the General Assembly of this Province, and no longer.

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

I. Whereas by an Act, intituled, An Act to provide indifferent Jurymen, in all Causes, both Civil and Criminal, and for an Allowance for their Attendance; It is Enacted, That once in Six Months, at each and every County Court within this Province, next after 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 chuse a certain Number of the Freeholders of their several Counties, 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 now in Force, or any Law hereafter to be made, they ought to attend; which Manner and Time of making such Choice of Jurors as aforesaid, is found inconvenient and impracticable:

II. Be it therefore Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, and by the Authority of the same, That from and after the passing of this Act, once in Six Months, at each and every County Court within this Province that shall happen next after the First Day of June and the first Day of December, Yearly, the Freeholders required by Law to attend as Jurors, from each County respectively, at the next General Court, Court of Assize, Court of Oyer and Terminer and General Gaol Delivery, shall be elected in open Court, one Half of their Number by the Justices then sitting in Court, and the other Half by the then present Grand Jury, by a Majority of the Votes of the said Justices and Grand Jury respectively, and not otherwise; and the said Justices and Grand Jury shall distinguish the Names of such Persons as shall be so chosen for the Grand Jury, from the Petit Jury, to serve as aforesaid; and such Persons only shall be of either of the said Juries as are by them so nominated and distinguished: Any Law, Custom, or Usage, to the contrary, notwithstanding.

CHAPTER IV.
An Act for altering, explaining, and continuing an Act, intituled, an Act for the better regulating the Militia in this Government.

I. Whereas an Act, intituled, An Act for the better regulating of the Militia of this Government, made the Twenty Eight Day of June, One Thousand Seven Hundred and Forty Six, was to continue for Three Years, and from thence to the End of the next Session of Assembly, which Time is now near expired; which Act, by Experience, is found to be a Good and necessary Law.

II. Be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, and by the Authority of the same, That the said Act, intituled, An Act for the better regulating the Militia of this Government, shall, from and after this present Session of Assembly, (except as herein altered and explained,) be and continue in Force for the Term of Five Years, and from thence to the End of the next Session of the General Assembly and no longer.

III. And whereas by the said Act, it is Enacted, That it shall and may be lawful for one Field Officer, or more, Four Captains, Four Lieutenants, Three

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Ensigns, or the Majority of them, with one Field Officer, openly to hold a Court-Martial, and, on Tryal and Conviction, to punish the Offender or Offenders according to Martial Law, as the Nature of the Crime shall require: Be it therefore Enacted, by the Authority aforesaid, that from and after the passing of this Act, the Powers granted to such Court-Martial, shall not be understood or construed, to impower any such Court to inflict the Punishment of Death on any Offender or Offenders whatsoever.

IV. Be it further Enacted, by the Authority aforesaid, That from and after this present Session of Assembly, each and every Captain of a Company, shall and may, at such Times and Places in their respective Districts as they shall judge convenient, Muster their several Companies twice in every Year, and no more: Any Clause in the before recited Act, Usage, or Custom, to the contrary, notwithstanding.

CHAPTER V.
An Act to appoint a Public Treasurer, in Room of Edward Moseley, Esq., deceased.

I. Whereas by an Act, intituled, an Act to appoint Public Treasurers, the Honourable Edward Moseley, Esq., was constituted Public Treasurer for the Counties of Craven, Carteret, Onslow, New Hanover, Bladen, Johnston, Beaufort, and Hyde; and the said Office having become vacant, by the Death of the said Edward Moseley, Esq.;

II. Be it therefore Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, and by the Authority of the same, That the Honourable Eleazer Allen, Esq., be and is hereby appointed Public Treasurer for the said Counties of Craven, Carteret, Onslow, New Hanover, Bladen, Johnston, Beaufort, and Hyde, in the Room of the said Edward Moseley, Esq., deceased: Which said Treasurer shall, before he enters upon his said Office, 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 his said Office: 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, or who have been concerned, in the Collecting or Receiving any Public Money, within the respective Counties of Craven, Carteret, Onslow, New Hanover, Bladen, Johnston, Beaufort and Hyde, who have not already accounted for and paid the same to the aforesaid Edward Moseley, Esq., deceased, shall, upon Oath, account for and pay to the said Eleazer Allen, Esq., all the Money so by them respectively received, or which by Law they ought to have received, and are accountable for; under the Penalty of Twenty Pounds, Proclamation Money.

IV. And be it further Enacted, by the Authority aforesaid, That all and every the Sheriffs, and other Persons, who shall be concerned in the Collecting and Receiving the Public Monies hereafter to be Collected and Received within the several Counties above mentioned, shall, the Week after the next succeeding General Court following the Time appointed by Law for their Collecting or Receiving thereof, upon Oath, account for and pay the same to the Public Treasurer aforesaid, at New Bern, under the Penalty of Twenty Pounds, Proclamation Money.

V. And be it further Enacted, by the Authority aforesaid, That the said

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Public Treasurer is hereby authorized, impowered, and required, to sue and prosecute all such Sheriffs or other Persons who have hitherto 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 Counties, and shall neglect or refuse to account for and pay the same, and also on the several Bonds given by each and every of the Sheriffs or other Persons in any of the said respective Counties, for the due and faithful Performance of their several Offices and 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 aforesaid of such County where the said Bond or Bonds was or were given, or Accounts or other Papers lodged, when he shall demand the same.

VI. And be it further Enacted, by the Authority aforesaid, That the said Public Treasurer shall, from Time to Time, as Often as required, Upon Oath, account for and pay to the General Assembly, all such Sums of Money which he shall receive by Virtue of this Act; for which Trouble he shall be allowed Five per Cent. on all the Monies by him received and paid into the Assembly, (except the Money he shall receive from the Executors of the said Edward Moseley, Esq., which was lodged in his Hands for building the Forts,) and may deduct the same accordingly, as aforesaid.

VII. 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 the Treasurer aforesaid.

VIII. And be it further Enacted, by the Authority aforesaid, That this Act shall continue in Force so long as the Act before mentioned, for appointing Public Treasurers, and no longer.

CHAPTER VI.
An Act to confirm the several Acts of Assembly of this Province therein mentioned, as Revised by the Commissioners appointed by an Act of the General Assembly of this Province, 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 Province; and such other Laws of this Province as have been passed since the said Revisal; and to direct the Printing of the said Laws.

I. Whereas the whole Body of the Laws of this Province, to the Seventh Day of March, in the Year of our Lord One Thousand Seven Hundred and Forty Six, have, in Pursuance of the Act for appointing the 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,

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Rum, and distilled Liquors, and Rice imported in this Province, passed the Seventh Day of March, in the Year of our Lord one Thousand Seven Hundred and Forty Six; and the 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 to his Majesty, for defraying the Charge thereof, a Duty on Wine, Rum, and distilled Liquors, and Rice imported into this Province, passed the Fifteenth Day of October, in the Year of our Lord One Thousand Seven Hundred and Forty Eight; been carefully Compiled and Revised, and the said Revisal laid before both Houses of this present Assembly, and approved of by the said House:

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 the General Assembly of this Province, and by the Authority of the same, That the several Acts passed at a General Biennial Assembly, held at the House of Captain Richard Sanderson, at Little River, begun the Seventh Day of November, in the Year of our Lord One Thousand Seven Hundred and Fifteen, and continued, by several Adjournments, until the Nineteenth Day of January, in the said Year of our Lord One Thousand Seven Hundred and Fifteen, intituled as follows, to-wit:

Coroners appointed.

An Act to direct the Method to be observed, in the Examination and Commitment of Criminals.

An Act to direct the Disposal of Goods taken upon Execution; and for the better Regulation of Distresses hereafter to be made for Levies and Quit-Rents.

An Act concerning Appeals, and Writs of Error.

An Act concerning old Titles of Land; and for Limitations of Actions, and for avoiding Suits in Law.

Feme Coverts, how to pass Lands.

An Act for preventing Disputes concerning Lands already surveyed.

An Act concerning Escheat Lands, and Escheators.

An Act to regulate divers Abuses in the taking up of Lands; and to ascertain the Method to be observed, from henceforward, in taking up and surveying Lands.

An Act for entering of Vessels, and to prevent the Exportation of Debtors.

An Act concerning Roads and Ferries.

An Act to encourage the building of Mills.

An Act to appoint Public Registers, and to direct the Method to be observed in conveying Lands, Goods and Chattels, and for preventing fraudulent Deeds and Mortgages.

An Act for ascertaining the Gauge of Barrels, and to prevent Frauds in Pork, Beef, Pitch, and Tar.

An Act appointing Toll Books to be kept at or near Catherine's Creek in Chowan Precinct, the Head of Perquimons Precinct, and at the Mouth of Northwest River, in Currituck Precinct; and to prevent Persons from transporting or driving Horses, Cattle, or Hogs, to other persons' Lands.

What Fences are sufficient.

Private Burials prohibited.

An Act Concerning proving Wills, and granting Letters of Administration; and to prevent Frauds in the Management of Intestate Estates.

An Act concerning Orphans.

An Act for appointing a Town in the County of Bath; and for securing the Public Library belonging to St. Thomas's Parish, in Pamplico.

An Act for restraining the Indians from molesting or injuring the Inhabitants of this Government; and for securing to the Indians the Right and Property of their own Lands.

Public Treasurers to give an Account.

An Act impowering Joannah Peterson, Widow of Thomas Peterson, late of Albemarle County, Esq., to make sale of certain Lands, late belonging to the

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said Thomas Peterson; and to make other Provision for Anna, the Daughter of the said Thomas Peterson, to whom the said Lands do descend.

An Act confirming the Titles of sundry Persons who have, or hereafter may, purchase Lands of Col. Thomas Cary, in Bath County.

And the Law passed in the Year of our Lord One Thousand Seven Hundred and Twenty, intituled as follows, to-wit:

An Act to confirm a Decree made in the Court of Chancery in this Province, upon a Bill of Complaint exhibited by William Duckenfield, Esq.

And the Laws passed at a General Biennial Assembly, held at Edenton in Chowan Precinct, begun the Second Day of October, and continued, by several Adjournments, to the Nineteenth Day of October, in the Year of our Lord One Thousand Seven Hundred and Twenty Two, intituled as follows; to-wit:

An Act for a Road from Core-Point to New Bern, on Neuse River.

An additional Act to an Act, intituled, An Act appointing Toll-Books.

An Act appointing that Part of Albemarle County, lying on the West Side of Chowan River, to be a Precinct, by the Name of Bertie Precinct.

An Act appointing that Part of the Southwest Parish of Chowan, that lies on the South Shore, and Alligator, to be a distinct Parish, by the Name of the South Parish of Chowan; and for appointing Vestrymen for the same Parish.

An Act for settling the Precinct Courts, and Court-houses.

And the Laws passed at a General Biennial Assembly, held at Edenton, the Twenty Third Day of November, in the Year of our Lord One Thousand Seven Hundred and Twenty Three, intituled as follows:

An Act for settling the Titles and Bounds of Lands.

An Act for an additional Tax on all free Negroes, Mulattoes, Mustees, and such Persons, Male and Female, as now, or hereafter shall be intermarried with any such Persons resident in this Government.

An additional Act to an Act, intituled, an Act concerning proving Wills, and granting Letters of administration; and to prevent Frauds in the Management of Intestates Estates.

An Act to restrain the keeping too great a Number of Horses and Mares, and for amending the Breed.

An Act for the better settling of the Town of New Bern, in the Precinct of Craven.

An Act for incorporating the Sea Port of Beaufort, in Carteret Precinct, into a Township, by the Name of Beaufort.

And the Laws passed at a General Biennial Assembly, held at Edenton, the Sixth Day of November, in the Year of our Lord One Thousand Seven Hundred and Twenty Seven, intituled as follows; to-wit:

An Act to appoint the Northwest Parish of Bertie Precinct a distinct Parish, by the Name of the Northwest Parish of Bertie Precinct, and for appointing Vestrymen for the said Parish; and to appoint Commissioners in every Parish in this Government, to call the Church Wardens and Vestry to Account, for the Parish Money by them received.

And the Laws passed at a General Biennial Assembly, held at Edenton, the Twenty Seventh Day of November, in the Year of our Lord One Thousand Seven Hundred and Twenty Nine, intituled as follows;

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An Act for the more quiet settling the Bounds of the Meherrin Indian Lands.

An Act to make Hyde Precinct separate from Beaufort Precinct, with Power of erecting a Court-house, and holding Courts.

An Act to appoint that Part of Albemarle County lying on the South Side of Albemarle Sound, and Moratuck River, as high as the Rainbow Banks, to be a Precinct, by the Name of Tyrrell Precinct.

An additional Act to an Act, for appointing Toll-Books; and for preventing People from driving Horses, Cattle, or Hogs to other People's Lands.

An Act for the more effectual and speedy putting in Execution the Act for settling the Titles and Bounds of People's Lands.

An Act to confirm Bath-Town Common.

An Act for Regulating Vestries in this Government, and for better inspecting the Vestrymen and Church Wardens' Accounts of each and every Parish in this Government.

And the Laws passed in the Year One Thousand Seven Hundred and Thirty Four, as follows: to-wit.

An Additional Act, to an Act, concerning Roads and Ferries.

An Act to confirm and establish the Precincts of Onslow and Bladen, and for appointing them distinct Parishes.

And the Laws passed at a General Assembly, held at Newbern, the Sixth Day of March, in the Year of our Lord One Thousand Seven Hundred and Thirty Eight, intituled as follows, to-wit:

An Act for appointing Sheriffs in the Room of Marshals of this Province, for prescribing the Method of appointing them, and for limiting the Time of their Continuance in Office, and directing their Duty therein; and for abolishing the Office of Provost Marshal of this Province, and for altering the Names of the Precincts into Counties.

An Act to prevent killing Deer at unreasonable Times.

An Act for appointing a Town on the Plantation whereon William Webster now dwelleth, in Hyde Precinct, on the West Side of Matchapungo River.

And the Laws passed the Eight Day of March, in the Year last above said, intituled,

An Act to supply the defects of an Act passed last Session of Assembly, intituled, an Act, for appointing Sheriffs in the Room of Marshals in this Province, for prescribing the Method of appointing them, and for limiting the Time of their Continuance in Office, and directing their Duty therein; and for abolishing the office of Provost Marshal of this Province and for altering the Names of the Precincts into Counties.

And the Laws passed at a General Assembly, held at New Bern, the Twenty Fifth Day of February; in the Year of our Lord One Thousand Seven Hundred and Thirty Nine, intitutled as follows, to wit:

An Act for prescribing the Method of proving Book-Debts.

An Act for erecting the Village called Newton, in New Hanover County, into a Town or Township, by the Name of Wilmington.

And the Laws passed at a General Assembly, held at Edenton, the Twenty First Day of August, in the Year of our Lord One Thousand Seven Hundred and Forty intituled as follows, to-wit:

An Act for confirming the Titles to the Town Lands of Edenton, for securing

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the Privileges heretofore granted to the said Town, and for the further Encouragement and better Regulation thereof.

An Act to enable the Commissioners herein after appointed, to erect, and finish a Church at New Bern, in Craven County and Parish, in the Province aforesaid, and for the better regulating the said Town; and other Purposes therein mentioned.

An Act to enable the Commissioners herein after mentioned, to finish the Church already begun at Edenton.

An Act for the better and further Regulation of the Town called Wilmington, in New Hanover County, and to establish the Church of the Parish of St. James, to be built in the said Town.

An Act for the More effectual establishing a Ferry from Bath Town to Core Point, &c.

An Act to exempt the Inhabitants of Bath Town from working on the Public Roads, and to oblige the said Inhabitants to clear and keep the Streets of the said Town clear and in good Order.

An Act to enable the Justices of Tyrrel County to build a Warehouse on Scuppernong, for receiving of his Majesty's Quit-Rents.

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.

And the Laws passed at a General Assembly, held at Edenton, the Fourth Day of April, in the Year of our Lord One Thousand Seven Hundred and Forty One, intituled as follows, to-wit:

An act concerning Marriages.

An Act to make and confirm that Part of the Main Road leading from Bennet's Creek Bridge to Virginia, joining to Mr. Henry Baker's in Chowan County, altered for the Conveniency of the Public by the adjacent Inhabitants, to be the Main and Public Road.

An Act to appoint Constables.

An Act to confirm and erect that Part of the Province of North Carolina, called Edgecomb County, into a County, by the Name of Edgecomb County, and establishing the said County a Parish; and for ascertaining the Boundary Line between the Northwest and Society Parishes, in Bertie County.

An Act to prevent stealing of Cattle, and Hogs, and altering and defacing Marks and Brands, and Mismarking and Misbranding Horses, Cattle, and Hogs, unmarked and unbranded.

An Act for ascertaining the Boundary Line between Tyrrell County, and Beaufort County; and between Edgecomb County, and Tyrrell and Beaufort Counties.

An Act for restraining the taking of excessive Usury.

An Act for appointing and laying out a Town or or near Mittam's Point, on the South Side of New River, in Onslow County, by the Name of Johnston.

An Act to prevent the taking of Boats, Canoes, Pettiaguas, from Landings, or elsewhere without leave.

An Act for the better observation and keeping of the Lord's Day, commonly called Sunday; and for the more effectual Suppression of Vice and Immorality.

An Act for the Tryal of mean and small Causes.

An Act for ascertaining the Damage upon protested Bills of Exchange.

An Act for regulating Weights and Measures.

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An Act for the building and maintaining Court-houses, Prisons, and Stocks, in every County within this Province, and appointing Rules to each County Prison for Debtors.

An Act the better to enable the Commissioners appointed for building a Church at New Bern, to erect the same, and to impower them to demand and receive of any Person or Persons, all Parish Levies already laid, and not appropriated; and for other Purposes therein mentioned.

An Act for regulating Ordinaries, and for the Restraint of Tippling-houses.

An Act for the Relief of such Persons as have suffered, or may suffer, by Neglect of the Registers of the several Counties within this Province, in registering their Deeds or mesne Conveyances; as also for want of acknowledging and proving, or through ignorance and Neglect, not applying to have the same registered.

An Act for establishing the Church, for appointing Parishes, and the Method of electing Vestries; and for directing the Settlement of Parish Accounts throughout this Government.

An Act concerning Servants and Slaves.

And the Law passed at Wilmington, in the said Year of our Lord One Thousand Seven Hundred and Forty One, intituled as follows, to-wit:

An Act for erecting the upper Part of Bertie County into a County, by the Name of Northampton County, and for regulating the limits between Society Parish and the Northwest Parish of Bertie; and for removing the Seat of Bertie Court.

And the Laws passed at a General Assembly, held at Edenton, the Second Day of April, in the Year of our Lord One Thousand Seven Hundred and Forty Three, intituled as follows, to-wit:

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

An Act for obtaining an exact list of the Taxables, and for the effectual collecting as well all Arrears of Taxes, as all other Taxes, for the Future due and payable.

An Act to impower the Justices of Beaufort County to build Two substantial Warehouses, at the Place hereafter mentioned, in the said County, for the Use and Conveniency of the Inhabitants paying their Taxes and Levies.

An Act to ascertain what Attorneys' Fees shall be Taxed and allowed, in any Suit or Action brought in any of the Courts of Record in this Province.

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

An Act for erecting a Court-house, Prison and Stocks, in Bertie County, and for laying a Tax on the Inhabitants of the said County, for defraying the Charge thereof.

And the Laws passed at a General Assembly, held at New Bern, the Twentieth Day of April, in the Year of our Lord One Thousand Seven Hundred and Forty Five intituled as follows, to-wit:

An additional Act to an Act, intituled, An Act for appointing Sheriffs in the Room of Marshalls of this Province, for prescribing the Method of appointing

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them, and limiting the Time of their Continuance in Office, and directing their Duty therein; and for altering the Names of Precincts into Counties.

An additional Act to an Act, intituled an Act to prevent killing Deer at unseasonable Times, and for putting a stop to many abuses committed by White Persons, under Pretence of hunting.

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

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

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

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

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

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

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

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

And the Laws passed at a General Assembly held at New Bern, the Twenty Eight Day of June, in the Year of our Lord One Thousand Seven Hundred and Forty Six, intituled as follows, to-wit:

An Act for the better regulating the Militia of this Government.

An Act for erecting the upper Part of Craven County into a County and Parish; and for appointing a Place for building a Court-house, Prison, and Stocks in the said County.

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 of the said Parish.

And the Laws passed at a General Assembly, held at Wilmington, the Fifth Day of December, in the Year of our Lord One Thousand Seven Hundred and Forty Six, intituled as follows, to-wit:

An Act for the better ascertaining the Number of Members to be chosen

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for the several Counties within this Province, to sit in General Assembly, and for establishing a more equal Representative of all his Majesty's Subjects in the House of Burgesses.

An Act to fix a Place for the Seat of Government, and for keeping Public Offices; for appointing Circuit Courts, and defraying the Expences thereof; and also for establishing the Courts of Justice, and regulating the Proceedings therein.

And the Laws passed at a General Assembly, held at New Bern, the Seventeenth Day of March, in the Year of our Lord One Thousand Seven Hundred and Forty Six, intituled as follows, to-wit:

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

And the Laws passed 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, intituled as follows to-wit:

An Act to appoint Public Treasurers.

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

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.

An Act to prevent the Exportation of Raw Hides, Pieces of Hides, and Calf Skins out of this Government.

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

An Act for destroying of Vermin in this Province.

An Act for enlarging 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 for impowering 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 hereinafter appointed, in such Manner as they shall judge most useful to the Public, to recover the several Sums due from Defaulters.

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

An Act for altering the Times for holding Courts for the County of New Hanover.

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.

And the Laws passed at a General Assembly, held at New Bern, the Fifteenth Day of October, in the said Year of our Lord One Thousand Seven Hundred and Forty Eight, intituled as follows, to-wit;

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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.

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.

An Act for ascertaining the Bounds of a certain Tract of Land, formerly laid out by a 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.

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.

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

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

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 to his Majesty, for defraying the Charge thereof, a Duty on Wine, Rum, and distilled Liquors, and Rice imported into this Province.

And the Laws passed at a General Assembly, held at New Bern, the Fourteenth Day of April, in the Year of our Lord One Thousand Seven Hundred and Forty Nine, intituled as follows, to-wit:

An additional Act, to an Act, intituled, 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.

An Act for the Relief of poor Debtors, as to the Imprisonment of their Persons.

An Act for the Encouragement of James Davis, to set up and carry on his Business of a Printer in this Province; and for other purposes therein mentioned.

An Act directing the Method for cutting or docking Intails of small Estates.

And the Laws passed this present Session of Assembly, at New Bern, the Sixteenth Day of October, in the Year of our Lord One Thousand Seven Hundred and Forty Nine, intituled as follows, to-wit:

An Act to put in Force in this Province, the several Statutes of the Kingdom of England, or South Britain, therein particularly mentioned.

An Act to revise a Clause in an Act, of the General Assembly, intituled, An Act to fix a Place for the Seat of Government and for keeping Public Offices, for appointing Circuit Courts, and defraying the Expence thereof; and also for establishing the Courts of Justice, and regulating the Proceedings therein.

An additional Act to an Act, intituled an Act, to provide indifferent Jurymen in all Causes, Civil, and Criminal, and for allowance for their Attendance.

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An Act for Altering, explaining, and continuing an Act, intituled, an Act for the better regulating the Militia of this Government.

An Act to appoint a Public Treasurer, in the Room of the Honourable Edward Moseley, Esq., deceased: And every Clause and Section of them, and each of them, (except such Clause and Clauses, Section and Sections, which are become obsolete, have expired, or stand and are repealed by any subsequent Act of the General Assembly of this Province hereinbefore mentioned,) are hereby Confirmed, and shall be held, deemed, and taken to be and remain in full Force, within this Province, and shall be printed, and given in Evidence, agreeable to the aforementioned 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 Province; and the Act, intituled, 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 to his Majesty, for defraying the Charge thereof, a Duty on Wine, Rum, and distilled Liquors, and Rice imported into this Province.

III. And be it further Enacted, by the Authority aforesaid, That all Fines and Forfeitures mentioned in any of the before recited Laws where the particular Species of Money is not specially named, the same shall be understood, deemed and adjudged to be Proclamation Money, and none other.

IV. And be it further Enacted, by the Authority aforesaid, That all and every Act and Acts, Clause and Clauses, Section and Sections, of all and every Act and Acts of the General Assembly of this Province, in the said revised Laws or Acts of the said General Assembly, mentioned to be obsolete, expired, and repealed, are hereby Enacted and Declared to be obsolete, expired, and repealed; and the Titles, with such Note only, be printed.

V. Provided always, nevertheless, and it is hereby Enacted, That all and every Judgment, Order, Decree, or Sentence of any Court heretofore given or passed and all and every Matter or Thing heretofore done and performed by any Officer or Officers, Judicial or Ministerial, or by any other Person or Persons whatsoever, in Virtue, and by Force of any Act or Acts, Clause or Clauses of any Act or Acts of the General Assembly of this Province, in the said revised Laws mentioned to be obsolete, expired, or repealed, shall be deemed, held, and taken to be good and valid in Law, to all Intents and Purposes, as if the said Acts were continued and in full Force; any Thing herein before contained to the contrary, in any wise notwithstanding.

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