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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1750
North Carolina. General Assembly
March 28, 1750 - April 09, 1750
Volume 23, Pages 342-348

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LAWS OF NORTH CAROLINA, 1749.

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 Nine. Gabriel Johnston, Esq., Governor.

CHAPTER I.
An Act for Erecting the Upper Part of New-Hanover County into a County and Parish, by the Name of Duplin County, and St. Gabriel Parish, and for appointing a Place for building a Court-house, Prison and Stocks, in the said County.

I. Whereas the County of New-Hanover has now become so very extensive, that many of the Inhabitants thereof live very remote from the Place where the Court of the said County is held, whereby a great many Difficulties and Hardships arise to the upper Inhabitants thereof, not only in attending their Ordinary Business in the said Court, but also by being compelled to serve as Jurymen, and often Times as Evidences, at the said Court; For Remedy Whereof,

II. We pray that it may be Enacted, And be it Enacted by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, and by the Authority of the same, That New-Hanover County be divided by a Line, beginning at the Mouth of Rock-fish Creek, on the North-East River of Cape-Fear, running East to Onslow County, and Westward, by a Straight Line from the Mouth of the said Creek, to the Upper Forks of Black River, where Cohecry and the Six Runs meet, thence up Cohecry to the Head thereof; and that the Upper part of the said County be erected into a County, by the name of Duplin County, and St. Gabriel Parish: And that the said County and Parish shall enjoy all the Privileges and Advantages that any other County and Parish in this Province now holds or enjoys.

III. And be it further Enacted, by the Authority aforesaid, That the Courts of the said County shall be held on the Second Tuesdays in January, April, July, and October.

IV. And be it further Enacted, That the Justices of the aid County, or the Majority of them, shall hold their first Court at the House of William McRee, at Goshen, and then and there nominate and appoint a certain Place for building a Court-house, Prison, and Stocks, at the most proper Place in the said County; and shall further divide the said County into Districts and appoint Commissioners of the Roads for the same; and shall also make such Orders and Rules for erecting the said Buildings, and running the dividing Line aforesaid, at the proper and equal Expence of the Inhabitants of the same, by a Poll-Tax, not exceeding One Shilling Proclamation Money, per year, for the Three Years, and no longer.

V. And be it further Enacted, That Mr. John Sampson, and Capt. Henry Hyrne, be, and are hereby appointed and authorized Commissioners; and are hereby impowered and directed to run the said Dividing Line between the Counties of New-Hanover and Duplin.

VI. And be it further Enacted, by the Authority aforesaid, That William

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McRee, Jun., be, and is hereby appointed Sheriff of the said County, until the Time by Law prescribed for appointing Sheriffs for the several Counties in this Province, and shall be vested with all the Powers and Authorities any other Sheriff or Sheriffs in this Province is and are vested with. And to the End that no Action begun in New-Hanover County, be defeated by the Division aforesaid.

VII. Be it Enacted, by the Authority aforesaid That where any Action is already commenced in the said Court of New-Hanover County, and that the Parties or Evidences shall be Inhabitants of the County of Duplin, all subsequent Process against such Parties or Evidences, shall be directed to be executed by the Sheriff of New-Hanover County: Any Law, Usage, or Custom, to the contrary, notwithstanding.

VIII. And be it further Enacted, by the Authority aforesaid, That Mr. John Sampson, Mr. William McRee, Mr. George Meares, Mr. Francis Brice, Mr. William Houston, Mr. Joseph Williams, Mr. John Herring, Mr. Anthony Cox, Mr. Mark Phillips, Mr. John Turner, Mr. Thomas Suggs, and Mr. Charles Gavin, be, and are hereby appointed Vestrymen of St. Gabriel Parish aforesaid, until the General Election of Vestrymen, according to law; and that the said Vestrymen shall be summoned by the Sheriff of the said County of Duplin, to meet at the Place appointed by this Act where the Court is to be held, and qualify themselves as a Vestry, and proceed to Parish Business.

IX. And be it further Enacted, That all Public, County, and Parish Levies now due from any of the said Inhabitants of the said County of Duplin, shall be collected by the Sheriff of New-Hanover County, and accounted for in the same Manner as if this Act had not been made.

X. And be it further Enacted, by the Authority aforesaid, That the said County of Duplin be, and is hereby obliged to send Jurors to the Courts of Assize, Oyer, and Terminer, and General Gaol Delivery, to be held at Wilmington, in like Manner as the Counties of Bladen and Onslow.

CHAPTER II.
An Act for erecting the Upper Part of Bladen County into a County and Parish, by the Name of Anson County and St. George's Parish; and for appointing a Place for building a Court-house, Prison, and Stocks in the said County.

I. Whereas the County of Bladen is now become so very extensive, that many of the Inhabitants thereof live very remote from the Place where the Court of the said County is held; whereby a great many Difficulties and Hardships arise to the Upper Inhabitants thereof, not only in attending their ordinary Business in the said Court, but also by being compelled to serve as Jurymen, and often times as Evidences, at the said Court: For Remedy whereof

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 Bladen County be divided by a Line, beginning at the Place where the South Line of this Province crosseth the West-most Branch of Little Pee-Dee River, then by a straight Line to a Place where the Commissioners for running the Southern Boundary of this Province crosseth that Branch of Little Pee Dee River, called Drowning Creek,

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thence up that Branch to the Head thereof; then by a Line, to run, as near as may be, equidistant, from Saxpahaw River, and Great Pee-Dee River; and that the upper Part of the said County and Parish so laid off and undivided, be erected into a County and Parish, by the Name of Anson County, and St. George's Parish, and that all the Inhabitants to the Westward of the aforementioned dividing line, shall belong and appertain to Anson County: And that the said County and Parish shall enjoy all and every the Privileges, which any other County or Parish in this Province holds or enjoys.

III. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Justices of the said County to lay a Tax on all the Taxables in the said County, not exceeding the Sum of One Shilling Proclamation Money, per Annum, for the Term of Three Years, for building a Court-house, Prison, and Stocks, in the said County, at such Place as the said Justices shall agree upon and appoint, at the County Court to be holden on the Third Tuesday of October, next following; and shall further divide the said County into Districts, and shall appoint Commissioners of the Roads for the same: Which said Tax shall be Collected by the Sheriff of the said County, at such Times, and in the same Manner as other County Taxes are collected.

IV. And be it further Enacted, by the Authority aforesaid, That the Courts of the said County shall be held, on the Third Tuesdays in January, April, July, and October.

V. And be it further Enacted, That Joseph White be, and is hereby appointed Sheriff of the said County of Anson, until the Time prescribed by Law, for appointing Sheriffs of this Province; and shall be vested with the same Powers and Authorities, as any other Sheriff of any other County in this Province is Vested with.

VI. And be it further Enacted, by the Authority aforesaid, That Mr. Joseph White, Mr. Charles Robertson, Mr. Edmond Cartledge, Mr. William Phillips, Mr. John Brandon, Mr. John Furbus, Mr. James Cartby, Mr. John Crawford, Mr. Alexander Osborn, Mr. Walter Carieth, and Mr. John Brevard, be, and they are hereby appointed Vestrymen of the said Parish of St. George's Until the General Election of Vestrymen, according to Law; and that the said Vestrymen shall be summoned by the Sheriff of the said County, to meet at such Time and Place, as the Majority of the said Vestrymen shall appoint, and qualify themselves as a Vestry, and proceed to Parish Business.

VII. And be it further Enacted, That all County and Parish Taxes, now due from any of the Inhabitants of the said County of Anson, shall be Collected by the Sheriff of Bladen County, and accounted for in the same Manner as tho' this Act had not been.

VIII. And to the End, that no Action commenced in Bladen County be defeated, by the Division aforesaid,

IX. Be it Enacted, by the Authority aforesaid, That where any Action is already commenced in the said County of Bladen, and that the Parties or Evidences shall be Inhabitants of Anson County, all subsequent Process against such Parties or Evidences, shall be directed to be executed by the Sheriff of Bladen County, to the End and final Determination of the said Causes: Any Law, Usage, or Custom, to the contrary, notwithstanding.

X. And be it further Enacted, by the Authority aforesaid, That the said County of Anson be, and is hereby obliged to send Jurors to the Courts of Assize, Oyer and Terminer, and General Gaol Delivery, to be held at Wilmington, in like Manner as the Counties of Bladen and Onslow.

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CHAPTER III.
An additional Act to an Act for obtaining an exact List of Taxables; and for the effectual Collecting as well all Arrears of Taxes, as all other Taxes, for the future due and payable.

I. Whereas Doubts have arisen, that Persons shall be deemed and taken for taxable Persons in this Province, and no Law now in Force does ascertain the same: For Remedy whereof.

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 all and every White Person, Male, of the Age of Sixteen Years, and upwards, all Negroes, Mulattoes, Mustees Male or Female, and all Persons of Mixt Blood, to the Fourth Generation, of the Age of Twelve Years, and upwards, and all white Persons intermarrying with any Negro, mulatto, or Mustee, or other Person of mixt Blood, while to intermarry with no other Person or Persons whatsoever, shall be deemed Taxables: Any Law, Usage, or Custom, to the contrary, notwithstanding.

III. And whereas it sometimes happens, that through Death or Removal of the several Constables out of their respective Counties, the several Masters, Mistresses, or Overseers, are not duly summoned to appear, and give in, upon Oath, their respective Lists, whereby Deficiencies have happened and Disputes arisen: For Remedy whereof;

IV. Be it Enacted, by the Authority aforesaid, That every Master or Mistress of a Family, or Overseer of a Plantation, of which there is no Master or Mistress, within the County, although not summoned, is hereby required to appear before one of his Majesty's Justices of the Peace for the County, on or before the Second Court to be held for the County, after the First Day of May, Yearly, and to give in his or her List of Taxables, setting forth in such List, the Name and Sex of each Taxable Person, whether white or black, bond or free, and distinguishing such Male Slaves as are Sixteen Years of Age, and upwards; under the Penalty of Forty Shillings, Proclamation Money, over and above Twenty Shillings, like Money, for each and every Month he or she shall neglect giving in such List, after the said Second Court to be held for the said County, after the said First Day of May: To be recovered in any Court, or before two Justices of the Peace, according as the same may be cognizable, by Action of Debt, Bill, Plaint, or Information; wherein no Essoign, Protection, Injunction, or Wager of Law, shall be allowed or admitted of: One Half to the Informer, and the other Half to be paid to the Justices, for the Use of the County where the same shall be recovered.

V. And be it further Enacted, That all such Person or Persons resident in any County of this Province, at the Times Taxables are by law to be inlisted, who have no Home or Dwelling, of his or their own in such County shall, and are hereby required, to procure some House-keeper to List him or them; under the same Penalties and Forfeitures as by Law are inflicted on Masters of Families neglecting to give in their several Lists.

VI. And the better to discover Concealments, Be it Enacted, by the Authority aforesaid, That the Clerk of each and every County Court, shall, within one Month next after the Lists of Taxables shall be returned by the Justices into his Office, transmit One attested Copy of such List, Yearly, to the Sheriff of the said County; and also, shall affix One fair Copy in the Court-house, and keep the same there constantly set up, that all Persons

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may have Opportunity to pursue and examine the same; under the Penalty of Five Pounds, Proclamation Money, for every such Neglect: To be recovered by Action of Debt, in any Court of Record in this Province, by any Person who shall or will sue for the same; wherein no Essoign, Injunction, or Wager of Law, shall be allowed or admitted of: One Half to the Use of the Prosecutor, and the other Half to the Use of the Parish wherein the Offence shall be committed.

VII. And be it further Enacted, That the Justices of the several County Courts, are hereby impowered, to make the Clerks thereof a proper Allowance out of the County Tax for making out the said several Lists.

CHAPTER IV.
An Act to enable the Justices of the several Counties to provide certain Law Books, for the Use of their County Courts.

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, That the Justices of each County Court within this Province, shall and may have full Power and Authority, in some convenient Time, according to their Discretion, to purchase and provide the latest Editions of the Law Books following, to-wit, Nelson's Justice, Cary's Abridgement of the Statutes; Swinburn of Wills, or Godolphin's Orphan's Legacy, and Jacob's Law Dictionary, or Wood's Institutes: Which Books, when provided, shall be, forever after, for the Use of the County Court, and shall be kept in the Offices of the several Clerks, and constantly, during the setting of every County Court, laid, by the Clerk of each Court, on the Court Table, for the Use and Perusal of the Justices of such Court, and of all such as may have any Matters depending in Court.

II. And be it further Enacted, by the Authority aforesaid, That if any County Court Clerk shall abuse or destroy, or suffer to be abused or destroyed, any of the Books so committed to his Care, he shall be fined, at the Discretion of the Court, for such his Neglect: Which Fine shall be applied towards repairing the Loss or Damage of such Books, occasioned by such Neglect.

III. And be it further Enacted, by the Authority aforesaid, That the Justices in the several County Courts, shall have full Power to lay such an additional Tax on their respective Counties, as shall be sufficient to purchase and provide the Books aforesaid; and shall apply the same accordingly.

CHAPTER V.
An Act, to encourage Michael Higgins to build a Bridge over Trent River, near Wickliff's Ferry, in Craven County.

(Printed in Private Acts, post.)

CHAPTER VI
An Act for appointing and laying out a Town on the Plantation of Mr. Samuel Jordan, on the North Side of River, in Northampton County; and for Establishing Two Fairs to be held Annually therein.

(Printed in Private Acts, post.)

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CHAPTER VII.
An Additional Act to an Act, 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.

I. Whereas by an Act of this Province, passed at Wilmington, the Fifth Day of December in the Year of our Lord One Thonsand Seven Hundred and Forty Six, intituled, An Act, to fix a Place for the Seat of Government, and for keeping Public Office, for appointing Circuit Courts, and defraying the Expence thereof; and also for establishing the Courts of Justice, and regulating the Proceedings therein; amongst other Things it is Enacted, That the Chief Justice of the Province for the Time being, or in Case of his sickness or disability, such Person or persons as shall, from Time to Time, be appointed by the Governor or Commander in Chief for the Time Being, shall twice every Year, hold a Court of Assize, Oyer and Terminer, and General Gaol Delivery, at Edenton, at Wilmington, and at Edgecomb Courthouse, on the Days and Times in and by the above recited Act fixed and ascertained: And whereas the Chief Justice and Attorney General must necessarily be at great Expence, in riding the Circuits, and holding the Courts at the respective Places aforesaid, it is thereby Enacted, That the Chief Justice, for his Trouble and Expence, shall receive the Sum of Two Hundred Pounds, Proclamation Money, and the Attorney General Sixty Six Pounds Thirteen Shillings and Four Pence, Proclamation Money, Annually, to be paid out of the Tax laid for that Purpose, by a Warrant under the Hand of the Governor Commander in Chief for the Time being:

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 the Authority of the same, That from and after the Ratification of this Act, the Chief Justice shall be paid, in the Manner by the said Act prescribed, Thirty Three Pounds Thirteen Shillings and Four Pence, Proclamation Money, and no more, for every Court of Assize, Oyer, and Terminer, and General Gaol Delivery, which he shall hold at Edenton, at Wilmington, and at Edgecomb Court-house, or either of them; and in Case of the Absence of the Chief Justice aforesaid, and not Otherwise, there shall be paid to the Commissioner or Commissioners for every Court of Assize, Oyer and Terminer, and General Gaol Delivery, which he or they shall hold at any or either of the said Places, the like Sum of Thirty Three Pounds Thirteen Shillings and Four Pence: Any Thing in the above recited Act to the contrary, notwithstanding.

III. And be it further Enacted, by the Authority aforesaid, That the Attorney General for the Time being, shall be paid in the Manner by the above recited Act prescribed, for each and every Court of Assize, Oyer and Terminer, and General Gaol Delivery, which he shall attend at Edenton, at Wilmington, and at Edgecomb Court-house, the Sum of Eleven Pounds Two Shillings and Three Pence, Proclamation Money, and no more: Any Thing in the above recited Act to the contrary, notwithstanding.

IV. And whereas by the above recited Act. it is Enacted, That an Annual Poll Tax of Four Pence, Proclamation Money, per Poll, shall be levied, for the Space of Two Years, on all the Taxable Persons within the Province, and collected by the Sheriffs of the respective Counties, at the Times at all other Taxes shall be collected and paid, to be paid and applied as therein mentioned; that is to say, all the Monies arising by the said Tax within the

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Counties of Craven, Beaufort, Hyde, Carteret, and Johnston, shall be, by each Sheriff, at the usual Time, Annually, accounted for and paid to Mr. John Barrow, Mr. James McLewean, Mr. Thomas Pearson, Col. Thomas Lovick, and Mr. John West, or the Majority of them, for and towards the Erecting the Offices, and other Public Buildings, at New Bern Town, as they, or the Majority of them, shall think necessary and convenient: And whereas the said Tax is found greatly deficient for the Purposes aforesaid, and the said Commissioners having wholly neglected either to demand or receive the same Tax, or to agree with any Person or Persons to undertake the said Public Buildings: For Remedy whereof:

V. Be it Enacted, and it is hereby Enacted, by the Authority aforesaid, That Mr. John Starkey, Mr. Edward Griffith, and Mr. Jeremiah Vail, be, and are hereby appointed Commissioners, and they, or any Two of them, are hereby invested with full Power and Authority, to agree with any Person or Persons to erect, carry on, and perfect the said Buildings at New Bern Town aforesaid, and also to receive and apply the said Monies arising by the law aforesaid and the furtner Sum of One Hundred Pounds, Proclamation Money, which is hereby directed to be paid by the Commissioners for Stamping and Emitting the Sum of Twenty One Thousand Three Hundred and Fifty Pounds, Public Bills of Credit, at the Rate of Proclamation Money, out of the Treasury, in order to enable the aforesaid Mr. John Starkey, Mr. Edward Griffith, and Mr. Jeremiah Vail, Commissioners, or any Two of them, to carry on the said Public Buildings: Any Thing contained in the before recited Act to the contrary thereof, in anywise, notwithstanding.

VI. And whereas some Doubts have arisen, concerning the Practice touching original Attachments, that the same is not rendered certain: It is hereby Enacted, That when any Goods, Chattels, or Monies, shall be attached in any Persons Hands or Possession belonging to the Defendant the Sheriff shall return the same in a special Manner, on the Back of such Attachment; and on Return thereof, a Scire Facias, shall issue against the Person in whose Hand or Possession the Effects or Monies shall or may he attached, to come into Court, and declare, upon Oath, how much Effects or Monies he hath in his Hand or Possession belonging to the Defendant, or Plead, after he has appeared in Garnishee, to the Action, upon Condition he puts in Special Bail; and if the said Person fail to appear after Service of the said Scire Facias, or upon the return of Two Nibils, then Judgment shall be given against such Person, as in other Cases is directed, in and by the aforesaid recited Act.

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