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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
July 05, 1750 - July 10, 1750
Volume 23, Pages 349-351

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LAWS OF NORTH CAROLINA, 1750.

At a General Assembly, held at New Bern, the Fifth Day of July, in the Year of our Lord One Thousand Seven Hundred and Fifty. Gabriel Johnston, Esq., Governor.

CHAPTER I.
An Act to appoint a Public Treasurer in the Room of Eleazer Allen, 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: And whereas by an Act intituled, An Act, to appoint a Public Treasurer in the Room of the said Edward Moseley, Esq., deceased, the Honourable Eleazer Allen, Esq., was constituted Public Treasurer, for the said Counties; and the said Office having become vacant by the Death of the said Eleazer Allen, Esq.

II. Be it therefore Enacted, by his Excellency Gabriel Johnston, 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 John Starkey, Esq., be, and is hereby Appointed Public Treasurer, for the Counties of Craven, Carteret, Onslow, New-Hanover, Bladen, Johnston, Beaufort, Hyde, Anson and Duplin; in the Room of the said Eleazer Allen, Esq., deceased; which said Treasurer shall, before he enters upon his said Office, give Bond, with Sufficient Sureties, to our Sovereign Lord the King, his Heirs and Successors, in the Sum of Two Thousand Pounds, lawful Money of Great-Britain, 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, County Treasurers, and all other Persons concerned, or who have been concerned, in collecting and receiving any Public Money, within the respective Counties of Craven, Carteret, Onslow, New-Hanover, Bladen, Johnston, Beaufort, Hyde, Anson, and Duplin, who have not already accounted for and paid the same to the aforesaid Edward Moseley, Esq., or the said Eleazer Allen, Esq., deceased, or to the Committee of Accounts of both Houses, shall, upon Oath, account for and pay to the said John Starkey, 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 Sheriff 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 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.

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V. And be it further Enacted, by the Authority aforesaid, That the said Public Treasurer is hereby Authorized, impowered, and required, to sue and prosecute all such Sheriffs, County Treasurers, or other Accountants, their Heirs, Executors, or Administrators, or other Persons, who have heretofore been, or who 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 any of the said Counties, and shall neglect or refuse to account for and pay the same; and also, on the several Bonds already given, or hereafter to be given, by each and every of the said Sheriffs of the said Counties, County Treasurers, 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 either of the said Edward Moseley, Esq.; or Eleazer Allen, Esq.; which was lodged in the Hands of the said Edward Moseley, Esq.; or Eleazer Allen, Esq.; for building the Forts,) and may deduct the same accordingly.

VII. And be it Enacted, That the Penalties in this Act before 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 to his Majesty, to be applied for the Use of the Public, and the other Third to the Treasurer aforesaid.

VIII. And be it further Enacted, by the Authority aforesaid, That if the said Public Treasurer shall neglect or refuse to account for and pay to the General Assembly, all such Sums of Money which he shall receive in Virtue of this Act, he shall forfeit and pay the Sum of Fifty Pounds, Proclamation Money, for each Neglect or Refusal; to be recovered by Action of Debt, Bill, Plaint, or Information, in the General Court of this Province, by him or them that shall or will sue for the same: Two Thirds whereof to his Majesty, to be applied for the Use of the Public, and the other Third to the Prosecutor.

IX. And be it further Enacted, by the Authority aforesaid, That this Act shall continue in Force for Three Years, next after the passing hereof, and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER II.
An Act to repeal Part of a Clause in 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.

I. Whereas by a Clause in the Act of the General Assembly of this Province, passed the fifteenth Day of October, in the Year of our Lord One

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Thousand Seven Hundred and Forty Eight, 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, it is Enacted, That the Quit-Rents then after to be paid, for any Lands already granted or that should then after be granted, within this Province, or which had been actually possessed by any Person for the Space of Twenty Years then last Past, should be paid in Proclamation Money, at the Court-house in the County where such Land lieth, or in Inspectors Notes for Tobacco, at One Penny, Proclamation Money, per Pound, or Indigo, at Four Shillings, Proclamation Money, per Pound; And whereas it is apprehended, that many Inconveniences will happen from the Payment of the said Quit-Rents in Indigo, as aforesaid:

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 the General Assembly of this Province, and by the Authority of the same, That all and so much of the said recited Clause, as relates to the Payment of Quit-Rents in Indigo, shall be repealed, and it is hereby repealed accordingly; Any Thing in the said Clause, or any subsequent Act, or Clause of an Act, to the contrary thereof, in any wise, notwithstanding.

CHAPTER III.
An Act for Increasing the Annual Allowance given to the Attorney General for his Trouble and Expence in riding the Circuits.

I. Whereas by an Act of Assembly, passed at New Bern, the Twenty Seventh Day of March, in the Year of our Lord One Thousand Seven Hundred and Fifty, intituled, An additional Act to an Act, for fixing a Place for the Seat of Government, and for keeping Public Offices, for appointing Circuit Courts, and defraying the Expence thereof; it is, among other Things Enacted, That the Attorney General for the Time being, shall be paid, 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-houses, the Sum of Eleven Pounds Two Shillings and Three Pence Proclamation Money, and no more; And whereas it is found, that the said Allowance to the Attorney General, is insufficient to answer the said Purposes for which it was granted him;

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 the General Assembly of this Province, That the Attorney General, for his Trouble and Expences in riding the Circuits, shall have and receive the Sum of Twenty Pounds, Proclamation Money, for each and every such Court he shall attend; any Thing in the above recited Act to the contrary, notwithstanding.

III. And be it further Enacted, That this Act shall continue and be in Force for Four Years, next after the passing hereof, and from thence to the End of the next Session of Assembly, and no longer.

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