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Acts of the North Carolina General Assembly, 1751
North Carolina. General Assembly
September 24, 1751 - October 12, 1751
Volume 23, Pages 352-370

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LAWS OF NORTH CAROLINA, 1751.

At a General Assembly begun and held at New Bern, the Twelfth Day of June, in the Nineteenth Year of his Majesty's Reign, and from thence continued, by several Prorogations, to the Twenty Seventh Day of September, in the Year of our Lord One Thousand Seven Hundred and Fifty One. Gabriel Johnston, Esq., Governor.

CHAPTER I.
An Act to appoint Inspectors in New-Hanover County, and for regulating the Exports at Cape-Fear.

I. For preventing of Fraud, and improving the Trade and Commerce of Cape-Fear in New-Hanover County;

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 the said Province, and by the Authority of the same, That two Inspectors be appointed, one to reside at Wilmington, and one to reside at Brunswick, in the County of New-Hanover, to perform the Duties enjoined them and each of them, by Virtue of this Act, in inspecting the Commodities herein after mentioned, at the Time of Shipping them out of Cape-Fear River: And every Inspector, before he enters in his Office, shall give Bond, with Two Sufficient Sureties, to the Governor or Commander in Chief for the Time being to be assignable and shall be assigned by the said Governor or Commander in Chief for the Time being, from Time to Time, to the Party injured, who may maintain an Action thereon; which Bond shall be taken by the County Court of New-Hanover aforesaid, in the Sum of Five Hundred Pounds, Proclamation Money, for the Faithful Discharge of his Office; and shall take the following Oath, viz.:

I, A. B., do solemnly Swear, That I will faithfully, impartially, and diligently execute the Office of Inspector, without Favour or Prejudice to any Person whatsoever, according to Law, and to the best of my skill and Judgment. So help me God.

III. And be it further Enacted, That every Cask or Barrel, containing Pitch, Tar, Turpentine, Rice, Beef, or Pork, designed for the Exportation from the River of Cape-Fear, after the First Day of January next, after the passing of this Act, being in the Merchantable Order and Condition herein after mentioned and directed, shall, at the Time of Shipping, be viewed, examined, and approved by the Inspector, and marked, in his Presence, with a hot Iron Brand, bearing the Name of his Place of Residence.

IV. And be it further Enacted, by the Authority aforesaid, That no Master of any Vessel, shall take on Board any Cask or Barrels aforesaid, without being Inspected by the Inspector, and branded with his Brand, as aforesaid, under the Penalty of Ten Pounds, Proclamation Money, for every Offence: One half to the Informer, the other Half to the Use of the Parish where the Offence shall be committed.

V. And be it further Enacted, by the Authority aforesaid, That the Collector of Port Brunswick shall not clear out of his Office, any Ship or Vessel,

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before the Master or Commander of such Ship or Vessel shall take the following Oath, viz.:

I, A. B., Master or Commander of the Ship or Vessel called —— do swear, that I have not received, or permitted to be received, on board my said Ship or Vessel, since my arrival in this Port, any Cask or Barrels of Pitch, Tar, Turpentine, Beef, Pork, or Rice, but what hath the Inspectors Brand thereon. So help me God.

Which Oath the Collector of the Port aforesaid, or his Deputy, is hereby required and impowered to administer: And it shall be lawful for the said Collector or his Deputy, to take and receive, as a Fee for administering the said Oath, the Sum of One Shilling, Proclamation Money: And the Collector or his Deputy for the Port aforesaid, being informed, on Oath, by an Inspector or any other Person, that any Ship or Vessel hath on board any Goods not inspected, he shall cause Search to be made on board such Ship or Vessel, and, on finding any Commodities not inspected, according to the true Intent and Meaning of this Act, he shall not clear out such Ship or Vessel, or give up the Register, until such Time as the Master hath paid the Forfeiture for every such Offence, as before mentioned, under the Penalty of Twenty Pounds, Proclamation Money, for every Neglect or Default such Collector shall make herein; to be applied to the Use of the Parish where the Offence shall or may be committed.

VI. And be it further Enacted, by the Authority aforesaid, That for the better ascertaining and determining what shall be deemed merchantable Goods by this Act to be Inspected, the following Rules shall be observed; that is to say, Every Barrel of Beef or Pork shall contain Two Hundred and Twenty Pounds of wholesome, well-cured Meat, the Cask to be made of White or Water Oak, found, well seasoned, and without Sap, and be tight; and there shall not be any Bulls flesh in a Barrel of Beef, nor in a Barrel of Pork, above Two Heads, or any Boars Flesh: And every Barrel of Beef or Pork shall, on Inspection, be unpacked, and the Meat Weighed, in the Inspectors presence, and be re-packed with Salt and Pickle, and tightly headed again, at the Expence of the Party tendering the same to be Inspected; before the Inspector shall brand the same.

That each Barrel of Pitch or Turpentine, shall be of the Weight of Three Hundred and Twenty Two Pounds, with the Cask; and every Barrel of Pitch or Turpentine weighing less, shall not be deemed Merchantable, but shall be made so at the expence of the Shipper.

That every Barrel of Tar shall be of the Gauge of Thirty One and a Half Gallons, Wine Measure, each; and every Barrel of Tar of a less Size shall be put in Merchantable Cask at the Expence of the Shipper or Owner.

That every Cask or Barrel of Pitch, Tar, Turpentine, or Rice, shall be free from every unfair or fraudulent Mixture whatsoever; under the Penalty of Forfeiting the same; for the use of the Parish where detected.

VII. And forasmuch as it is difficult, in warm and rainy Seasons, to separate water from Tar; It is provided, That Water shall not be accounted a fraudulent Mixture in any Tar; but that in such Case, the Barrels shall not be branded by the Inspector, until they are as free from Water as they can be made: Any Thing in this Act to the contrary, notwithstanding.

VIII. That all Lumber, that is to say, All Staves, Heading, Boards, Plank, Joist, or Square Timber, which shall, after the first Day of January next, be shipped on board any Ship or Vessel, which shall be of the following Dimensions; otherwise shall not be deemed merchantable, and shall be forfeited for the Uses hereinafter mentioned.

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Pipe Staves shall be at least Five Feet long, and Three Inches and a Half Broad, and Three quarters of an Inch thick at the Heart or thinnest Edge, and clear of Sap.

Hogshead Staves shall be at least Three Feet Six Inches long, Three Inches and a Half broad, and Three Quarters of an Inch thick at the Heart or thinnest Edge, and clear of Sap.

Barrel Staves shall be at least Two Feet Six Inches long, Four Inches broad, and Three Quarters of an Inch thick at the Heart or thinnest Edge, and clear of Sap.

White Oak Hogshead Heading shall be at least Thirty Inches Long. Six Inches broad and one Inch thick, clear of Sap.

That every Board, Plank, or Scantling, being marked with the Number of more Feet than they, or either of them contain, shall be deemed fraudulent, and forfeited, for the Use of the Parish where detected.

And every Board or plank shall be free from any Splits exceeding Twelve Inches in length; and no Board shall be deemed Merchantable, which has an Edge less than Half an Inch square, and is not free of Holes.

That every Piece of Scantling, or any other square Timber, marked with the Number of more Feet than it contains, shall be forfeited for the Use of the Parish.

IX. Provided nevertheless, That no Board, Plank, or square Timber, shall be inspected, unless required.

X. And be it further Enacted, by the Authority aforesaid, That in all Disputes between any Inspector and Shipper of Commodities, it shall and may be lawful for the Shipper to make application to a Magistrate, who shall issue out his Warrant to the Constable, for summoning Two indifferent Freeholders, whom he shall mention by Name in the Warrant; and what those Two, being first sworn before any Magistrate, shall determine, shall be binding; or in Case they do not agree, the said Freeholders so summoned and sworn may choose a Third Freeholder, also to be sworn, to assist them, and what Two of those Three agree to, shall be binding on both Inspector and Shipper.

XI. And be it further Enacted, by the Authority aforesaid, That where any Judgment shall be given against any Shipper, Owner, or Inspector, by the Two Freeholders, that then, and in such Case, the said Shipper, Owner or Inspector, against whom the Judgment shall pass, shall pay unto the Party in whose Favour the Judgment shall be given, the Sum of Thirty Shillings, Proclamation Money, for his Costs and Damages sustained.

XII. And be it further Enacted by the Authority aforesaid, That every Inspector shall be intituled to the following Fees, to be paid him in Proclamation Money, or in the Commodities he shall and may Inspect, at the then current Market Price, That is to say:

For every Barrel of Rice, Beef, or Pork, Four Pence.

For every Barrel Barrel of Tar, Pitch, or Turpentine, One Penny and Half Penny.

For every Thousand of Staves or Heading, One Shilling and Four Pence.

For every Thousand Feet, superficial Measure, of Board, Plank, or Scantling, One Shilling and Four Pence.

For every Ton of Timber, One Shilling.

XIII. And be it further Enacted, by the Authority aforesaid, That the Justices of New Hanover County shall be, and they are hereby impowered, at their Court of Quarter Sessions, to turn out any Inspector misbehaving, or at the Death or Disability of any of them, to appoint another for the same Place; and in Case any Inspector should die, or remove out of the County,

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or be otherwise disabled during the Vacancies of the County Court aforesaid, it shall and may be lawful for three or more Justices of the Peace, nearest to the Place where such Inspector did reside, to meet and appoint a Person to execute that Office until the Meeting of the next County Court; and such Person so appointed shall have the same Powers and Authorities, and be under the same Restrictions, as any Inspector appointed by Virtue of this Act.

XIV. And be it further Enacted, by the Authority aforesaid, That where it shall be necessary to appoint a Person or Persons, to assist either of the said Inspectors in the Execution of his Office, it shall and may be lawful for such Inspector, with the Approbation of the County Court, to appoint one or more Persons to assist him therein; which Person or Persons so appointed before he enters upon the Execution of his Office, shall take the Oath in this Act before mentioned.

XV. And be it further Enacted, by the Authority aforesaid, That Mr. John Sampson, is hereby appointed Inspector to reside at Wilmington, and Mr. William Ross, Inspector, to reside at Brunswick; who shall qualify as such at the next County Court to be held for the County of New Hanover, though they are not to enter upon their Offices until the first Day of January next.

XVI. And be it further Enacted, by the Authority aforesaid, That all and every the Fines and Forfeitures arising or accruing by Virtue of this Act, may be sued for and recovered in any Court of Record in this Province, by the Inspectors, or either of them, or by the Church Wardens of the Parish, by Action of Debt, Bill, Plaint, or Information; wherein no Essoign, Injunction, Protection, Privilege, or Wager of Law, shall be allowed or admitted of; or before any Justice or Justices of the Peace of the said County, Regard being had to his or their Jurisdiction.

XVII. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall be sued or prosecuted for any Matter or Thing done in Execution of this Act, such Person or Persons may plead the General Issue, and give this Act, and the special Matter in Evidence.

XVIII. And be it further Enacted, by the Authority aforesaid, that this Act shall remain in full Force and Virtue, for and during the Space and Term of Three Years, from the Ratification hereof; and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER II.
An Act for Regulating the Pilotage at Cape Fear River, and to impower the Captain of Fort Johnston, at the Mouth of the said River, to examine all Vessels entering the said River, concerning the Health of their Crews on board the said Vessels.

I. Whereas the Pilotage of Cape Fear River is at present under no Regulation by Law, and many abuses may be committed, and the same much neglected.

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 Honourable John Rutherford, Esq., William Dry, Richard Quince, John Lyon, and Lewis DeRosset, Esqrs., be, and they are hereby appointed Commissioners, and they, or the Majority of them, are hereby authorized and impowered, from Time to Time, to examine such and,

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so many Persons, who shall, from Time to Time, offer themselves to be Pilots for Cape Fear aforesaid, not exceeding Seven in Number.

III. And be it further Enacted, by the Authority aforesaid, That the aforesaid Commissioners, or the Majority of them, upon their Examination and Approbation of any Person, that he is properly qualified to act as a Pilot, shall give to such Person a certificate, under their Hands, to the Governor or Commander in Chief for the Time being, in order for his Approbation, and to obtain a Branch to Act as Pilot for the said River.

IV. And be it further Enacted, by the Authority aforesaid, That every such Person so obtaining a Branch to be Pilot, shall, before he enters upon his Calling or Business, give Bond, with Two sufficient Sureties, to the Governor or Commander in Chief for the Time being, his Successor or Assigns, in the Sum of One Hundred Pounds, with the Condition for the due and faithful Performance of his Office; Which Bond shall be in Trust for such Person or Persons as shall appear to be injured by such Pilot's Negligence, or Non-Performance of the Condition of the said Bond; and shall be assigned to any Person or Persons so injured petitioning for the same, who shall and may maintain an Action thereon.

V. And be it further Enacted, by the Authority aforesaid, That upon the Misbehaviour of any Pilot in his Office, the Commissioners aforesaid or the Majority of them shall, and they are hereby authorized and impowered, to remove such Pilot from his Office, and to appoint another in his stead, until the Pleasure of the Governor or Commander in Chief shall be known.

VI. And be it further Enacted, That the several Pilots for the River aforesaid, shall and may take and receive, for piloting every Vessel over the Bar up to Brunswick, the Rates, in Proclamation Money, according to the following Table, to-wit:

For each Vessel drawing Six Feet Water, or less, Ten Shillings.

For each Vessel, drawing from Six to Ten Feet, at the Rate of Two Shillings per Foot.

From Ten to Twelve Feet, Two Shillings and Four Pence per Foot.

For Twelve Feet, Three Shillings per Foot.

For Thirteen Feet, Three Shillings and Four Pence per Foot.

For Fourteen Feet, Four Shillings per Foot.

For Fifteen Feet, Four Shillings and Six Pence per Foot.

For Sixteen Feet, Five Shillings and Four Pence, per Foot.

For Seventeen Feet, Six Shillings and Eight Pence, per Foot.

And for Piloting a Vessel from Brunswick up to the Great Island, one Third Part of the above Rates, according to the Draught of Water of such Vessel respectively: And from the said Great Island over the Flats up to Wilmington, one other Third Part of the said Rates as aforesaid.

And for Piloting each Vessel outward bound, the like Rates shall and may be taken, for the like Distances and Draughts of Water respectively, as are hereinbefore ascertained for Vessels inward bound.

VII. And be it further Enacted, That no Pilot shall presume to take other or greater Fees than aforesaid, under the Penalty of Forty Shillings; to be recovered, by any Person suing for the same, before any Two Justices, by Warrant.

VIII. And be it further Enacted, That if any Vessel shall come over the Bar before a Pilot gets on board the same, such Vessel shall not be liable to pay above one half of the Pilotage allowed by this Act; Any Thing hereinbefore contained to the contrary, notwithstanding.

IX. And be it further Enacted, That the Commissioners aforesaid shall affix a true Copy or Table of the several Rates of Fees aforesaid, to be taken

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by the Pilots for the River aforesaid, in the Office of the Custom-house for the Port of Brunswick; that the Masters of Vessels and others concerned, may have Recourse to the same.

X. And whereas it may tend to the great Disadvantage of his Majesty's Subjects in this Province, if any contagious, pestilential, or malignant Distemper should be brought into the Place or River aforesaid: For Remedy whereof,

XI. Be it Enacted, by the Authority aforesaid, That the Commander of Fort Johnston, for the Time being, shall be, and he is hereby authorized and impowered, to administer an Oath to each and every Commander of a Vessel coming into a Port aforesaid, whether he hath any contagious Distemper on board such his Vessel; and the said Pilots are hereby commanded and required not to proceed with such Vessel higher up the River than the said Fort, before such Master of Vessel shall go on Shore and declare, upon Oath, to the Commander of the Fort aforesaid for the Time being, whether there be any contagious Distemper or not on board his said Vessel, and until a Permission be given by the Commander of the said Fort for that Purpose, under the penalty of Fifty Pounds, Proclamation Money: For which Oath and Permission, the Commander of the Fort for the Time being, shall and may have and receive, from the Commander of such Vessels, the Sum of Five Shillings, Proclamation Money.

XII. And be it further Enacted, That if it should happen that any such Vessel shall have any contagious Distemper on board, the Commander of the said Fort shall order the said Vessel to lie opposite the said Fort, until further Orders shall be given by the Commissioners aforesaid, or the Majority of them; and the said Commissioners or the majority of them, are hereby authorized and impowered to give such directions for the said Vessel and her Crew performing Quarantine, as they shall think necessary, to prevent the spreading of such Contagion: And if any Master or Commander of a Vessel, so ordered to perform Quarantine, shall not obey such Order, such Master or Commander shall forfeit the Sum of One Hundred Pounds, Proclamation money, to be be covered by the said Commissioners, in their own Name, by Action of Debt, Bill, Plaint, or Information, in the General Court of this Province.

XIII. And whereas it happens, that Vessels bound into the River aforesaid, often come on the Coast in thick Weather, and frequently fire Guns, to acquaint the Pilots of their being on the Coast.

XIV. Be it therefore Enacted, That the Commander of the said Fort for the Time being, shall, and he is hereby required to answer such Vessels by firing one or more Guns, not exceeding Three; for which Powder so expended, the Commander of such Vessel shall pay and satisfy the Commander of the said Fort an equal Quantity of Gun-powder, or pay and satisfy him for the same, at and after the Rate of Two Shillings, Proclamation Money, for each Pound of Gun-powder so by him expended; and the Commander of the said Fort shall forthwith give Notice to the Pilot or Pilots, of such Vessel being on the Coast, And if such Pilot shall not forthwith go out to such Vessel, if in the Day Time, such Pilot shall forfeit and pay the Sum of Forty Shillings, Proclamation Money, for every Neglect; to be recovered before any Two Magistrates, by the Commander of this Fort.

XV. And be it further Enacted, That the several Forfeitures arising by this Act, not therein before applied, shall be paid to the Commissioners of the said Fort, or their Order, for and towards the maintaining thereof.

XVI. And be it further Enacted, by the Authority aforesaid, That in Case of the Death, Refusal to Act, Departure out of the Country, or other

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Disability, or any of the said Commissioners, it shall and may be lawful for the remaining Commissioners, or the Majority of them, and they are hereby required, to elect another in the Room and Stead of the Commissioner Disqualified or disabled as aforesaid: Which Commissioner so elected shall be, and is hereby invested with all the Power and Authority of any Commissioner hereinbefore named.

CHAPTER III.
An additional Act to An Act, intituled, Feme Coverts how to pass Lands.

I. Whereas the Method prescribed for Feme Coverts to convey their Estates in Lands in this Province, by an Act of Assembly, made at a General Biennial Assembly, held on the Seventeenth Day of November, in the Year of our Lord One Thousand Seven Hundred and Fifteen, intituled, Feme Coverts how to pass Lands, in many Cases, hath been found, by Experience, to be impracticable; by Reason that the Right of Inheritance of many Lands in this Province is in Feme Coverts who are Residents of neighbouring Governments; and in such Cases, Conveyances have been made by the Husband, with the Wife's Consent, and sometimes by both, and at other times by the Wife only, and afterwards ratified and confirmed by the Husband; by Means whereof the Titles of many Persons are become precarious and doubtful, and much Land lies uncultivated; to the great Dimunition of the Revenue of the Crown:

II. Be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and the General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That from and after the passing of this Act, all Conveyances in Writing, and sealed by Husband and Wife, for any Lands, and by them personally acknowledged before the Chief Justice, or in the Court of the County where the Land lieth, the Wife being first privily examined before the Chief Justice, or some Member of the County Court, appointed by the said Court for that Purpose, whether she doth volurtarily assent thereto, and registered according to the Directions of the Laws of this Province, shall be as valid in Law to convey all the Estate and Title which such Wife may or shall have in any Lands, Tenements, or Hereditaments so conveyed, whether in Fee-simple, Right of Dower, or other Estate, not being Fee-Tail, as if done by Fine and Recovery, or any other Ways or Means whatsoever.

III. Provided nevertheless, That where any such Conveyances as aforesaid shall be acknowledged by the Husband, or proved by the Oath of one or more Witnesses, before the Chief Justice, or County Court where the Land lieth, and it shall be represented to the Chief Justice or County Court aforesaid, that the Wife is a Resident of any other Country, or so aged or infirm that she cannot travel to the Chief Justice or County Court, to make such Acknowledgement as aforesaid, it shall and may be lawful for the Chief Justice or County Court, by his or their Order, to direct the Clerk of the County Court where such Land lieth, to issue a Commission of Two or more Commissioners, for receiving the Acknowledgement of any Deed of such Feme Covert, for passing her Estate in any Lands, Tenements, or Hereditaments; and such Deed, acknowledged before them, after they have examined her privily and apart from her Husband touching her Consent, and certified by the County Court to which the Commission shall be returnable, shall, by order of the County Court, be registered, with the Commission and Return,

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and shall be as effectual as if personally acknowledged before the Chief Justice or County Court of such Feme Covert.

IV. And for preventing Mistakes in issuing out such Commissions, Be it Enacted, by the Authority aforesaid, That the several Clerks of this Province, shall issue the same, in the Form following, to-wit:

North Carolina, C. County, ss.

George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c.

To A. B., C. D. and E., Gentlemen, Greeting.

Whereas F. G. hath produced a Deed of Conveyance, made to him from H. I. and K. his Wife, of a certain Tract or Parcel of Land, lying and being in the County of . . . . . . . . . . . . in our Province of North Carolina, and procured the same to be proved or acknowledged by the said H. I. before I. K. our Chief Justice of our said Province, (Or in the Court of our said County of C. as the Case may be) and it being represented to our said Chief Justice, or to our said Court, that K. the Wife of the said H. I. is an Inhabitant of our said Province, or of . . . . . . . . . . or is so aged and infirm, (here as the Case may be) so that she cannot travel to our said Chief Justice, or Court of our said County of . . . . . . . . . . to be privily examined as to her free Consent in executing the said Conveyance. Know ye, that we, in Confidence of your Prudence and Fidelity, have appointed you, and by these present do give unto you, or unto any two of you, full Power and Authority, to take the private Examination of the said K. Wife of the said H. I. concerning her free Consent in her executing the said Conveyance: And therefore we command you, or any two of you, that at such certain Day and Place as you shall think fit, you go to the said K. if she cannot conveniently come to you, and privily, and apart from her husband, examine her the said K. whether she executed the said conveyance freely and of her own Accord, without Fear or Compulsion of the said H. I. her Husband; and the Examination being distinctly and plainly wrote on the said Deed, or on some Paper annexed thereto, and when you shall have so taken the said Examination, you are to send the same, closed up, under the Seals of you, or any two of you, together with this Writ, unto our said Court, to be held for the said County of . . . . . . . . . . on the . . . . . . Day of . . . . . . . . next ensuing, in the . . . . . . Year of our Reign. Witness L. M. Clerk of our said Court, at . . . . . . . . . . . . the . . . . . . Day of . . . . . . . . . . anno Dom. 17 . . . . . . . . . . L. M., CL. C.

V. And for the greater Security of Purchasers, Be it Enacted by the Authority aforesaid, That all Deeds and Conveyances of Lands, heretofore made by the Husband and wife, or by the wife, and afterwards ratified and confirmed by the Husband, wherein a valuable Consideration is expressed, for any Estate or Title of any Feme Covert, in any Lands, Tenements, or Hereditaments. whether in Fee-simple, Right of Dower, or other Estate, not being Fee-tail, where such Deeds or Conveyances have been registered within Twelve Months from the Date thereof, or shall be registered within the Space of One Year after the Return of the Commission for taking the Examination of the Wife, as hereinbefore mentioned, or where the Person or Persons to whom the same hath been made, hath actually entered therupon, and hath continued in Possession thereof for the Space of Seven Years, by Virtue of such Deeds; they shall be respectively as valid in Law, and take Effect as fully, to the benefit of all Persons respectively in Possession thereby, and their Heirs and Assigns, against the Husband and Wife, and every of their

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Heirs and Assigns, and against all other Persons claiming by, from, or under them, or any of them, as if the same had been done by Fine and Recovery, or any other Ways or Means whatsoever; any Law, Custom, or Usage to the contrary, in anywise, notwithstanding.

VI. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Chief Justice, County Court Clerks and Public Registers, to take and receive, in Proclamation Money, or Bills of Credit, for the Services aforementioned, the following Fees, to-wit:

THE CHIEF JUSTICE'S FEES.
Proclamation Money.
£. s. d.
For an Order, directing the Clerk to issue a Commission to take the Acknowledgement of a Feme Covert to a Deed for Lands, 0 0 8

THE CLERK'S FEES.
Proclamation Money.
£. s. d.
For entering an Order for issuing a Commission for taking the Acknowledgement of a Feme Covert to a Deed for Lands 0 0 7
For issuing such Commission 0 1 4
For entering an Order for Registering such Return on such Commission 0 0 7
For a Copy of such Order, to be endorsed on the Return 0 0 7

REGISTER'S FEES.
Proclamation Money.
£. s. d.
For registering a Commission for taking the Acknowledgement of a Feme Covert, with the Order indorsed, and the Commissioner's certificate 0 2 8

VII. And be it Enacted by the Authority aforesaid, That if any of the Officers aforesaid Shall demand, extort, exact, or receive any other or larger Fees, for the Services aforesaid, than what are herein particularly mentioned, or shall refuse to do the particular Service in his Office for the said Fees, such Officer shall be liable to the same Forfeitures and Penalties, and the Party aggrieved have the same Action, Remedy and Relief, as is provided by one Act of Assembly, made in the Twenty Second Year of the Reign of his present Majesty, intituled, An Act regulating the several Officers' Fees within this Province, and ascertaining the Method of paying the same.

CHAPTER IV.
An additional Act to the several Acts, to appoint Public Treasurers.

I. Whereas many of the Mortgage Bonds formerly taken by the several County Treasurers, in Virtue of several Acts of Assembly then in Force, by Reason of the Neglect or Death of most of those Treasurers, remain uncancelled, and the Money due thereon unpaid; and the Times limited by the Law being long since expired, and no Person legally impowered to make Distress for the same, whereby the Public is very much injured: For Remedy whereof,

II. We pray it may be Enacted, And be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of

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his Majesty's Council and General Assembly of the said Province, and by the Authority of the same, That each of the Public Treasurers, in their several Districts respectively, are hereby authorized, impowered, and required, to take into his or their Keeping and Possession, the several Mortgage Bonds yet uncancelled and unpaid; and the several Persons in whose Keeping or Possession any of the said uncancelled Bonds are remaining, are hereby required to deliver the same on Demand, to the respective Public Treasurer of the District, under the Penalty of Ten Pounds Proclamation Money, for every such Refusal or Neglect; to be sued for, and recovered, by the Public Treasurer of the District where the Person so refusing or Neglecting may reside, by Action of Debt, Bill, Plaint, or Information, in any Court of Record in this Province; wherein no Injunction or Wager of Law shall be allowed or admitted of; and applied one Half to the Use of the Public, the other Half to the Treasurer who shall sue for the same.

III. And be it further Enacted, by the Authority aforesaid, That the Public Treasurer aforesaid in their respective Districts, upon the Receipt of all, or any of the said Mortgage Bonds not cancelled nor paid, shall cause a List or Schedule of such Bonds, describing the Place where the Lands lie, the Mortgager's Name, the Sum supposed to be due on each Mortgage, to be affixed on the Door of the Court-house of the County, or the Court of Assize, or General Court, when held in the County where the Land lies, during the sitting of at least one such Court.

IV. And be it further Enacted, by the Authority aforesaid, That where any Person shall make Default for thirty Days after such List hath been affixed as aforesaid, to pay the several Sums due on each Mortgage Bond, in such Case, each and every Public Treasurer is hereby impowered, directed, and required, to make distress, by granting an Attachment, directed to the Sheriff of the County where any Personal Estate belonging to any Defaulter lies; who is hereby authorized and required to execute the same, on any such Personal Estate in his County to be found.

V. And be it further Enacted, by the Authority aforesaid, That all such Goods and Chattels so distrained on as aforesaid, shall be set up and sold at public Vendue, at the next County Court, or Court of Assize, or General Court, after such Distress shall be made; an inventory of such Goods having been first set up at such Court-house, at least Ten Days before such Sale.

VI. And be it further Enacted, by the Authority aforesaid, That where no Personal Estate belonging to any Defaulter, shall be found in the County wherein the mortgaged Land lies, in such Case, it shall and may be lawful for the Public Treasurer, in his respective District, by Virtue of such Mortgage, to enter on the said Land, and after having given Forty Days' Notice, by fixing a Note on the County Court-house, to expose the said Lands to Sale by public Vendue, at the next County Court, Court of Assize, or General Court, after such Notice; and whatsoever such Land shall sell for, more than what is due on such Bonds, and the Charge of the sale of such Lands, and to the Treasurer for conveying the same to the Purchaser or Purchasers, shall be returned to the Owner; which Sale, made by such Treasurer, shall be good and effectual in Law, to all Intents and Purposes whatsoever; and the said Deed so given, if lost, the Registry thereof shall and may be given in Evidence, in any Court of Record within this Province.

VII. And whereas, since the erecting Fort Johnston at the Mouth of Cape Fear River, there appears to remain in the Hands of the Public Treasurer of the Southern Counties, a Surplus of the Monies appropriated by Law for

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that Purpose; and it being necessary that the said Fort now built should be preserved;

VIII. Be it Enacted, by the Authority aforesaid, That it shall and may be lawful for the Commissioners appointed by Act of Assembly, intituled, An Act for erecting a Fortification on the lower Part of Cape Fear River, by Warrant under their Hands, or the Major Part of them, to draw, from Time to Time, out of the hands of the said Treasurer, such Sum or Sums of Money, as they shall judge necessary, for the guarding, watching, and preserving the said Fort.

IX. Provided it does not exceed the surplus of the Money formerly appropriated by the Act of Assembly, to the erecting the said Fort; and the Public Treasurer shall pay such Draught at Wilmington, each Court of Assize, and the Commissioners shall account for the same, in the same Manner as all other Public Monies by law are to be accounted for.

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

I. Whereas, in and by An Act of the General Assembly of this Province, passed in the Year of our Lord One Thousand Seven Hundred and Forty Eight, intituled, An Act to appoint an Agent, to solicit the Affairs of this Province, at the several Boards in England, James Abercrombie, Esq., was appointed Agent of this Province, for and during the Term of Two Years, next after the Twenty Fifth Day of March then next following the Ratification of the said Act, and it being found very beneficial to the Province, that a proper Person should, by Public Authority, solicit and represent the Affairs of this Province, at the several Boards in England; but the said Act being made temporary, and not now in Force, the Time limited therein being expired;

II. We pray it may be Enacted, And be it Enacted by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and the General Assembly of this Province, And it is hereby Enacted by the Authority of the same, That from and after the Ratification of this Act, the said Act passed in the said Year of our Lord One Thousand Seven Hundred and Forty Eight, to appoint an Agent to solicit the Affairs of this Province, at the several Boards in England, and every Clause thereof, (except as is hereinafter excepted) be revived; and be and remain, in full Force, for and during the Term of Three Years, to commence at and from the Twenty Fifth Day of March last Past, and no longer.

III. And whereas, the Salary of Fifty Pounds Sterling, per Annum, in the said Act, mentioned and allowed to the said Agent, is not adequate to his Trouble and Expence. And whereas, the Sum of One Hundred and Eleven Pounds, Nine Shillings and Two Pence, Sterling Money, appears to be due to the said Agent, for extraordinary Expences, Charges and Trouble, in the Service of this Province:

IV. Be it therefore Enacted, by the Authority aforesaid, That such a Sum, in Proclamation Money, be paid immediately to the Committee of Correspondence, out of the Public Treasury, by a Warrant from his Excellency the Governor, as shall be sufficient to enable them to remit and pay to the said James Abercrombie in England, the said One Hundred and Eleven Pounds Nine Shillings and Two Pence Sterling, and also, the Yearly Salary

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of One Hundred Pounds Sterling, to commence from the Twenty Fifth Day of March last past, for and during the Continuance of this Act.

V. And be it further Enacted, by the Authority aforesaid, That the Honourable James Hasell, Esq., and Mr. John Dawson, be and are hereby added to the Committee of Correspondence, and appointed in and by the before-recited Act, in the Room of Robert Halton, and Eleazer Allen, Esqrs., deceased.

VI. And be it further Enacted, by the Authority aforesaid, That this Act shall continue, be, and remain in Force, for and during the Term of Three Years, to commence at and from the Twenty Fifth Day of March last past, and no longer.

CHAPTER VI.
An Act for granting to his Majesty, a Duty on the Importation of Rum, and Wine into Anson County from South Carolina.

I. Whereas, the Inhabitants of Anson County, do make quantities of strong Liquors sufficient for their own Use, and the frequent Importation of Rum, Wine, and other Spirituous Liquors into Anson County from South Carolina, only drains the Inhabitants of their Substance, and is greatly detrimental to their Families:

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 from and after the Twenty Fifth Day of March next, after the passing this Act, every Importer of Wine, Rum, and other Spirituous Liquors, from South Carolina, into Anson County, shall pay, as a Duty to his Majesty, the Sum of Two Shillings and Six Pence, for each and every Gallon of Wine, Rum, or other Spirituous Liquors so imported.

III. And be it Enacted, by the Authority aforesaid, That Mr. Caleb Howel be, and is hereby appointed Collector and Receiver, of all the Duties hereby arising; and the Collector of the said Duties, and such as may hereafter be appointed in Virtue of this Act, to collect the same, shall, before he enters on his Office, give Bond, with sufficient Securities, to his Excellency the Governor, and his Successors, at the Court that shall be held for the said County, on the Third Tuesday in January next, in the Sum of One Hundred Pounds, and shall take the following Oath.

I, A. B., do solemnly swear, That I will faithfully, justly and diligently, collect all and every the Duties arising by the Importation of Wine, Rum, and other Spirituous Liquors, into Anson County, from South Carolina. So help me God.

IV. And be it Enacted, by the Authority aforesaid, That on the Death or Removal out of the County, Misbehaviour, or Disability of the Collector of the aforesaid Duties, the Justices of Anson County are hereby impowered to appoint another, who shall enter into Bond, with sufficient Securities as before mentioned, and shall take the same Oath as before recited.

V. And whereas it is necessary, to prevent Frauds, that the Importers of Wine, Rum, and other Spirituous Liquors, imported into Anson County from South Carolina, should declare to the Collector aforesaid, the Quantities by him or them imported:

VI. Be it Enacted, by the Authority aforesaid, That each and every Importer

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of Wine, Rum, or other Spirituous Liquors as aforesaid, shall before he disposeth of any thereof, give an Account on Oath, to the Collector, what Quantities he or they have, and shall pay the Duties thereon, before the Collector gives him a Certificate to dispose of the same; and in Case any Person or Persons refuse or neglect taking a proper Certificate from the Collector, it shall and may be lawful for the said Collector, and he is hereby impowered, to make Seizure of all such Wine, Rum, or other Spirituous Liquors, imported into Anson County from South Carolina, that hath not paid the Duty before mentioned, and shall make Public Sale thereof to the highest Bidder, after giving Ten Days' public Notice at the Court-House of the said County, and the Money arising by such Seizure, shall be paid to the Justices of the aforesaid County, at the first Court of Quarter Sessions after such Sale is made, and be by them appropriated for the Use of the County.

VII. And be it Enacted, by the Authority aforesaid, That such Sums of Money as may be collected on the Duties hereby arising, shall be Yearly paid by the Collector, (after deducting Ten per Cent. for his Trouble) to the Justices of the aforesaid County, and by them appropriated for contingent Charges of the County.

CHAPTER VII.
An Act to alter the Time for holding the Courts for the County of Craven.

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

II. Therefore we pray it may be Enacted, And be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and the General Assembly of this Province, and by the Authority of the same, That after the Ratification of this Act, the several County Courts hereafter to be held for the County of Craven, shall be held on the Second Tuesdays in November, February, May, and August, Yearly; and all Continuances and References ordered in the Court held for the said County, on the Third Tuesday in September last, shall be continued over, and all Process, returnable to the Third Tuesday in December next, shall be returned to the Court, to be held for the said County on the second Tuesday in November next, and shall not be Error in the Process or Proceedings aforesaid; any Law, Usage, or Custom to the Contrary thereof, in anywise, notwithstanding.

CHAPTER VIII.
An Act to confirm the Four Lots in New Bern Town, lately conveyed to the Commissioners for the Public Buildings, for the Use of the Public forever.

I. Whereas by an Act of the General Assembly, passed at New Bern, the Seventeenth Day of March, in the Year of our Lord One Thousand Seven Hundred and Forty Nine, intituled, An additional 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;

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John Starkey, Edward Griffith, and Jeremiah Vail, were appointed Commissioners, with full Power and Authority to agree with any Person or Persons, to erect, carry on, and perfect the Public Buildings at the Town of New Bern; which said Commissioners, agreeable to a Resolve of the General Assembly, had, by the said Commissioners for conveying Lots in the Town of New Bern, granted them, their Heirs and Assigns, for the Use of the Public forever, by Deed, bearing Date the Seventeenth Day of April, One Thousand Seven Hundred and Fifty, Four Lots of Land in the said Town, known in the Plan thereof by the Numbers 248, 249, 250, 251; which said Lots, by Reason of the Proviso in the said Deed mentioned, will soon become lapsable, and thereby the Money already Expended towards the Public buildings now begun will be lost, and the good intentions of the said Law defeated: 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 the said Province, and by the Authority of the same, That the said Four Lots of Land in the Town of New Bern, numbered, 248, 249, 250, 251, shall, and they are hereby declared to be saved, for the Use of the Public Forever, for the Purposes aforesaid, by Virtue of the said Deed, in as full and ample Manner, as if the said Commissioners had erected a House on each of the said Lots, of the Quality and Dimensions prescribed by one Act of Assembly, passed at a General Biennial Assembly, held at Edenton, in the Year of our Lord One Thousand Seven Hundred and Twenty Three; and also mentioned in one other Act of Assembly, passed in the Year of our Lord One Thousand Seven Hundred and Forty Eight, intituled, An Act for the better regulating the Town of New Bern, for fencing the same, and securing the Titles of the several Persons who held Lots in the said Town; any Law, Usage, or Custom to the Contrary, in anywise, notwithstanding.

CHAPTER IX.
An Act to amend and supply the defects of an Act, intituled 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.

I. Whereas by the above recited Act of Assembly, the then present Church Wardens and Vestrymen of the Parish of Christ Church, together with John Fonvielle, Edward Bryan, and Christopher Gregory Hobbs, were appointed Commissioners, in the Room, Place and Stead, of William Wilson, Adam Moore, and George Roberts, deceased Commissioners, appointed by one other Act of Assembly, passed at Edenton the Fourth Day of April, in the Year of Our Lord One Thousand Seven Hundred and Forty One, intituled, An Act to enable the Commissioners therein after appointed, to erect and finish a Church in New Bern, in Craven County and Parish, in the Province aforesaid; and for the better regulating the said Town, and other Purposes therein mentioned:

II. And whereas no Provision is made in the said Act of Assembly, for

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supplying Commissioners in the Room of such as should die or remove, nor any Power given to the succeeding Church Wardens and Vestrymen to act agreeable to the Purposes of the said Law; and Edward Bryan, Christopher Gregory Hobbs being now dead, and the Church not compleatly finished. Therefore,

III. Be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and the General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That the Church Wardens and Vestrymen of the Parish of Christ Church, in the County of Craven for the Time being, or the Majority of them, shall have full Power and Authority, and they are hereby authorized, impowered and required, to call to account, the Commissioners appointed by the said above recited Acts of Assembly, their Heirs, Executors, and Administrators, for all the Monies by them collected and received; or that shall or may be in the Hands of them or any of them, for the Use of the said Church; and also all other Person or Persons who may have any of the said Monies in their Hands; and in Case of Neglect or Refusal of any of the Commissioners, their Heirs, Executors or Administrators, or any other Person or Persons aforesaid, upon Demand of the said Church Wardens and Vestrymen, or the Majority of them, to account and pay down all such Sums of Money, as are remaining due and unpaid in their, or any of their Hands, to the said Church Wardens and Vestrymen for the Time being, or the Majority of them, that then, and in such Case, such Commissioner or Commissioners, or other Persons concerned therein shall forfeit the Sum of Ten Pounds Proclamation Money, and be further liable to an Action at the suit of the said Church Wardens and Vestrymen, for all such Sums as shall appear he or they are so in Arrears: Which said Sum of Ten Pounds, Proclamation Money, shall and may be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record in this Province; wherein no Essoign, Protection, Injunction, or Wager of Law shall be allowed or admitted of, by any Person who shall prosecute or sue for the same; and shall be applied towards finishing, compleating, and building the said Church.

IV. And whereas several of the Inhabitants of Johnston and Craven Counties, have not paid the several Taxes in Virtue of several Acts of Assembly, for and towards building the said Church in New Bern:

V. Therefore be it Enacted, by the Authority aforesaid, That the said Church Wardens and Vestrymen, for the Time being, or the Majority of them, are hereby directed and impowered to issue their Warrant or Warrants, directed to the Sheriff of the respective County, where any Person or Persons being in Arrears for the aforesaid Taxes shall or may reside, to levy so much Money of their several Goods and Chattels, as it shall appear they or any of them are in Arrear; which said Sheriff shall account with, and pay to the said Church Wardens or Vestrymen, or the Majority of them, all such Sums of Money as he shall receive by Virtue of this Act.

VI. And be it Enacted, by the Authority aforesaid, That the Clause in the before recited Act, appointing Commissioners as herein before mentioned, be and is hereby repealed.

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CHAPTER X.
An Act to impower the Justices of Johnston County, to divide the same into Districts, and to appoint Commissioners for the Roads.

I. Whereas by an Act of the General Assembly of this Province passed at New Bern, on the Twenty Eighth Day of June, in the Year of Our Lord One Thousand Seven Hundred and Forty Six, intituled, 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; the County of Craven was divided, and the upper Part of the same erected into a County and Parish by the Name of Johnston County, and Parish of St. Patrick; but no provision being made by the said Act, for making, mending, and repairing the Public Roads in the said County:

II. Wherefore we pray it may be Enacted, And be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and the General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That the Justices of the said County, or the Majority of them, are hereby impowered and required, at the next Court, to be held for the said County after the Ratification of this Act, to divide the same into Districts and appoint Commissioners of the Roads.

III. And be it further Enacted, by the Authority aforesaid, That the Commissioners so appointed, shall be invested with the same Powers and Authorities, which are given to the Commissioners by an Act, intituled, An Act for impowering the several Commissioners thereinafter named, to make, mend, and repair all Roads, Bridges, Cuts, and Water Courses, already laid out, or hereafter to be laid out, in the several Counties and Districts, therein after appointed, in such Manner as they shall judge most useful to the Public.

CHAPTER XI.
An Act to invest the Property of a Bridge in John Peacock, his Heirs and Assigns, (by him already built over Contentney Creek) for the Term of Twenty Five Years.

I. Whereas a Bridge over Great Contentney Creek, on the main Road, leading from Johnston County to Edgecomb County, is much for the Conveniency of Travellers; and Samuel Peacock having already built one on his own Land, at his own Expence, where the main Road crosses the Creek, and Petitioning to be allowed the Privilege of taking and Receiving from Travellers, the usual Rates they were accustomed to pay, when he kept a Ferry there; and to be invested with the sole Property of the said Bridge, for the Space of Twenty Five Years:

II. We pray it may be Enacted, And be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and the General Assembly of this Province, and by the Authority of the same, That it shall and may be lawful for the said Samuel Peacock, his Heirs and Assigns, to keep a sufficient Gate on the Bridge built by him, on Great Contentney Creek, where the Road now crosseth the said Creek, leading from Johnston County to Edgecomb County, and take and

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receive from all Persons that shall pass over the same, the following Rates; that is to say,

For every Man and Horse, Four Pence.

For every Carriage, drawn by one or two Horses or Oxen, One Shilling.

And for every Horse, Mare, or Ox, Four Pence each.

And for every Head of Neat Cattle, One Penny.

And for every Twenty Hogs or Sheep, One Shilling.

And so in proportion for a greater or lesser number of hogs or sheep; for and during the Space of Twenty Five Years, and no longer.

III. And be it further enacted, That during the Time the Bridge shall be kept in Repair, and fit for Travellers and carriages to pass and repass the same, it shall not be lawful for any Person whatsoever to keep any Ferry, build any Bridge, or set any Person, or Persons, Carriage or Carriages, Cattle, Hogs, or Sheep, over the said Creek, for Fee or Reward, within six Miles of the same, during the Time aforesaid; under the Penalty of Twenty Shillings, Proclamation Money, for each and every offence, to be recovered by the said Samuel Peacock, his Heirs, Executors, Administrators or Assigns, before any Magistrate of the County; to be applied to the Use of the Proprietor of the Bridge built by the said Samuel Peacock; and during the said Time, the Right and Property of the said Bridge is hereby invested in the said Samuel Peacock, his Heirs, Executors, Administrators or Assigns.

CHAPTER XII.
An Act for building a Church in Wilmington, in St. James's Parish, in New-Hanover County.

(Printed in Private Acts, post.)

CHAPTER XIII.
An Act to appoint Commissioners to receive, collect, and apply Subscriptions towards building of a Church in the Town of Brunswick, in St. Phillip's Parish, and for other Uses therein mentioned.

(Printed in Private Acts, post.)

CHAPTER XIV.
An Act to appoint a convenient Place for holding the County Court of Duplin, and to impower the Commissioners therein Named to build a Courthouse, Prison, and Stocks in the said County, and for enlarging the Bounds thereof.

(Printed in Private Acts, post.)

CHAPTER XV.
An Act to impower the Court of Bladen County, to lay out certain Districts in the Places therein mentioned, and to appoint Commissioners of the Roads for the same.

I. Whereas by an Act, Intituled, An Act for impowering the several Commissioners hereinafter named, and to make, mend, and 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,

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as they judge most useful to the Public, no Commissioners were appointed for the Southwest Side of the North West Branch of Cape Fear River, above Bartram's Ferry, near Rock Fish Creek, in Bladen County, and from Douglass's Creek upwards, on the North East side of the said River; whereby the Inhabitants of those Parts of the County have not been able to obtain a Road to pass and repass to and from the County Court, and about their lawful Business, to the great Damage of the said Inhabitants: Therefore,

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 Justices of Bladen County, at their next Court to be held for the said County after the passing of this Act, shall, and they are hereby impowered, to lay out Districts in the Places before mentioned, and to appoint Commissioners for the same; and the Commissioners so appointed are hereby invested with all the Powers and Authorities, and subjected to all the Duties and Penalties, as any other Commissioners have or ought to have, or are subject to, in and by the before recited Act.

CHAPTER XVI.
An Act to Amend an Act, intituled, 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 Province.

I. Whereas the Method of Electing Vestrymen, as prescribed by an Act, intituled, an Act for establishing the Church, for appointing Parishes, and the Method of electing Vestries, and for directing the settlement of Parish Accompts throughout this Government, hath been found inconvenient and detrimental to the several Parishes within this Province; therefore for the better regulation of such Elections for the Future,

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 it is hereby Enacted, by the Authority of the same, That in every Election of Vestrymen hereafter to be made within every Parish within this Province, the Poll shall be taken by Ballot, by the Sheriff of the County, or his Deputy, in the same Manner as the Poll for the electing Members of Assembly, is and ought by law to be taken; any Law, Usage, or Custom, to the Contrary, notwithstanding.

III. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful, at every Election of Vestrymen as aforesaid, for every Person qualified to Vote by law or ballot for a Member of Assembly for the County, in which he resides, and for no other Person whatsoever to vote as aforesaid, for Vestrymen for the Parish respectively.

VI. And be it further Enacted, by the Authority aforesaid, That no Person Whatsoever, but such as is qualified by Law, to be chosen a Member of the General Assembly for a County of this Province, shall be chosen a Vestryman for the Parish in which he resides.

V. And be it further Enacted, by the Authority aforesaid, That the Electors of Vestrymen, and the Candidates for Vestrymen, and the Sheriff or his Deputy, taking the Poll for Vestrymen, and each and every of them, shall and are hereby impowered and required to proceed by the same Rules,

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and shall be subject to the same Duties, and to the same Penalties, as in like Cases they and each of them are by Law subject to, in electing or being elected Members of Assembly, or in taking the Poll for the said Members.

VI. Provided that nothing in this Act shall be construed to debar the Members of his Majesty's Council, or any of them, from electing or being elected Vestrymen for the Parish in which they reside.

VII. And be it further Enacted, by authority aforesaid, That every Clause of the before-recited Act, which is hereby altered, and comes within the Purview of this Act, be, and is hereby repealed and declared null and void.

Signed by
GABRIEL JOHNSTON, ESQ., Governor,
Matthew Rowan, President,
SAMUEL SWANN, Speaker.