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Acts of the North Carolina General Assembly, 1752
North Carolina. General Assembly
March 31, 1752 - April 15, 1752
Volume 23, Pages 371-386

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LAWS OF NORTH CAROLINA, 1752.

At a General Assembly, held at Bath Town the Thirty first Day of March, in the Year of our Lord One Thousand Seven Hundred and Fifty Two. Gabriel Johnston, Esq., Governor.

CHAPTER I.
An Act for Licensing Traders, Peddlers, and Petty Chapmen, and granting to his Majesty an Impost or Duty on Goods, Wares, and Merchandize, to raise Supplies for defraying the necessary Charges of Government.

I. Whereas there are a great many Peddlers, Petty Chapmen, and other Trading Persons, who sell and dispose of Goods, Wares and Merchandize within this Government, who pay no Tax towards the necessary Support thereof, but depart out of the Province so soon as they have sold and disposed of the same, whereby the honest Planters of the Country are burthened with the Payment of all Taxes to support the Public Faith: 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, That from and after the First Day of August next, after the passing of this Act, every Trader, Peddler or Petty Chapman, keeper of a Shop or Store in any County of this Province, or carrying Goods, Wares, or Merchandize, either by Water on Vessels, Pettiaguas, or Boats, or by Land, in Waggons, Carts, or other Carriages, or on Horses, to offer for sale, or to dispose of such Goods, Wares, and Merchandize, (except such Traders who have been settled in some Town of this Province for the Term of Seven Years, or hath a Wife or Children, and hath been settled in the Province for the Term of Three Years, or whose Family consist of Twenty Taxables, Traders, or Merchants, who import Goods, Wares, or Merchandize directly from Great Britain) shall be liable to, and conform him, her, or themselves to the Rules and Regulations herein after mentioned; that is to say, every Trader or Master of any Vessel using Trade, Peddlers or Petty Chapmen, bringing Goods, Wares or Merchandize, either by Water or Land, into this Province, to offer for Sale, in Order to dispose thereof, within Two Days after his Arrival or the Arrival of such Goods, Wares and Merchandize, before he disposes of any such Goods, Wares and Merchandize shall repair to some Justice of the Peace living in the neighbourhood, and deliver in, upon Oath to be taken before the said Justice, an Account of the total Prime Cost of all such Goods, Wares, and Merchandize by him brought or imported into this Government; and thereupon the said Justice of the Peace shall give unto the said Trader, Master of a Vessel, Peddler or Petty Chapman, a Certificate, signed by such Justice, certifying the Sum total of the Value of such Goods, Wares, and Merchandize contained in the Account delivered, and sworn to by such Trader, Master of a Vessel, Peddler or Petty Chapman, directed to the Clerk of the County Court, who is hereby authorized and impowered, in behalf of his Excellency the Governor, annually to make out and sign a Licence, as Clerk of the Court for the said County where such Licence is granted; by Virtue whereof every Trader, or

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Master of a Vessel, Peddler or Petty Chapman, after executing such Bond as is herein after mentioned, may sell and dispose of his Goods, Wares, and Merchandize, strictly observing and performing the Rules and Regulations mentioned and intended by this Act; and it shall and may be lawful for every Justice of the Peace, to take and receive for administering the Oath, and granting such Certificate as aforesaid, Two Shillings and Eight Pence, Proclamation Money; and for every Clerk of the County Court to take and receive for the Governor for such Licence, Twenty Shillings, Proclamation Money; and the said Clerk may take and receive to himself, for making out such Licence and Bond, Five Shillings, Proclamation Money.

III. And be it further Enacted, by the Authority aforesaid, That every Trader or Master of any Vessel, using Trade, Peddler, or Petty Chapman, not herein before excepted, having obtained a Licence to trade as aforesaid, shall, twice in every Year, answer and pay unto his Majesty, his Heirs, and Successors, an impost or Duty of Two per Centum, upon all Goods, Wares, and Merchandize, (Salt and Spirituous Liquors excepted) by him, them or any of them to be hereafter sold and disposed of, as in and by this Act is directed and appointed, to be accounted for upon Oath, and paid into the Hands of the several Persons herein after appointed to receive the same, and to be paid at the several Times and Places herein specified; and for the Payment of which, every Trader, Peddler, or Petty Chapman, shall give Security by Bond, with one or more sufficient Securities, to be taken in his Majesty's Name, for the True Payment of the said Impost or Duty.

IV. And be it further Enacted, by the Authority aforesaid, That if any Trader, Peddler, or Petty Chapman, from and after the first Day of August next, be found trading as aforesaid without a Licence, and not having given Bond as aforesaid, such Person shall forfeit and pay, for each and every such Offence, Fifty Pounds, Proclamation Money; to be recovered by any Person that will sue for the same, in the General Court of this Province, by Bill, Plaint, or Information; Wherein no Essoign, Injunction, or Wager of Law shall be allowed of or admitted: One Half thereof to the Prosecutor, the other Half to the Poor of the Parish wherein such Offender shall be discovered: And that every Person so trading, upon Demand made by any Justice of the Peace, Sheriff, Constable, or any Custom-house Officer, where he or she shall so trade, and shall refuse to shew to such Justice of the Peace, Sheriff, Constable, or Custom-house Officer, his or her Licence, to be granted as aforesaid, that then the Person so refusing, shall forfeit and pay Fifty Pounds, Proclamation Money, to be recovered as aforesaid, by any Person, who will sue for the same, to be applied as aforesaid.

V. And be it further Enacted, by the Authority aforesaid, That every Merchant, Trader or other Person, importing or bringing into this Province, after the first Day of August, either by Land or Water, from any Port or Place (Great Britain excepted) any Quantity of Wine or distilled Liquors, exceeding Two Gallons of Wine, or two Gallons of Rum, (Ship Stores excepted,) shall pay, or cause to be paid, to the several and respective Collectors and Receivers hereinafter appointed, the Impost or Duty of Four Pence, Proclamation Money for each Gallons of Wine or distilled Liquors so imported.

VI. And be it further Enacted, That from and after the First Day of August next, every Person importing or bringing into this Government, any Quantity of Wine or distilled Liquors, over and above the Quantities above mentioned before such Person or Persons shall open or expose any of the said Liquors to Sale, he or they shall report the same to the Person or Persons herein appointed to receive the said Impost or Duty, laid upon such

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Liquors by Virtue of this Act, and deliver unto him a Manifest, shewing the Quantity of Gallons of such Liquor, duly sworn to and attested by the said Importer bringing in the same into this Government; and shall give Security, by Bond with one or more sufficient Securities, to be taken in his Majesty's Name, for the true Payment of the said Impost or Duty, within Six Months after the execution of such Bond, or deposit a sufficient Quantity of such Liquors with the said Collector or Receiver, as will fully discharge and pay the said Impost or Duty.

VII. And be it further Enacted, by the Authority aforesaid, That the Collector of Currituck County, is hereby appointed Receiver, and shall Receive the Impost or Duty to be paid and received on all the Goods, Wares, and Merchandize, Wine and distilled Liquors, to be imported and brought into the said Port or County; and that Mr. William Swann, be and is hereby appointed Receiver of the Impost or Duty aforesaid, in the County of Pasquotank; and that Mr. Samuel Swann, of Perquimons County, be and is hereby appointed Receiver of the Impost or Duty aforesaid, in the County of Perquimons; and that the Collector of Port Roanoke, be and is hereby appointed Receiver of the Impost or Duty aforesaid, in the County of Chowan; and that Mr. Edmund Smithwick, be and is hereby appointed Receiver of the Impost or Duty aforesaid in the County of Tyrrell; and that Mr. Thomas Whitmell, be and is hereby appointed Receiver of the Impost or Duty aforesaid, in the County of Bertie; and that Mr. John Edwards, be and is hereby appointed Receiver of the Impost or Duty aforesaid, in the County of Northampton; and that Mr. Mountfort Eelbeck, be and is hereby appointed Receiver of the Impost or Duty aforesaid, for the County of Edgecomb; and that Mr. John Thornton, be and is hereby appointed Receiver of the Impost or Duty aforesaid, in the County of Granville; and that Mr. Samuel Sinclare, be and is hereby appointed Receiver of the Impost or Duty in the County of Hyde; and that the Collector of Port-Bath, be and is hereby appointed Receiver of the Impost or Duty for the County of Beaufort; and that Mr. Jeremiah Vail, be and is hereby appointed Receiver of the Impost or Duty aforesaid in the County of Craven; and that the Collector of Port Beaufort, be and is hereby appointed Receiver of the Impost or Duty aforesaid in the County of Carteret; and that Mr. John Spooner, be and is hereby appointed Receiver of the Impost or Duty aforesaid in Onslow County; and that the Collector of Port Brunswick, be and is hereby appointed Receiver of the Impost or Duty aforesaid, in the County of New Hanover; and that Mr. Ralph Millar, be and is hereby appointed Receiver of the Impost or Duty aforesaid, in the County of Bladen; and that Mr. Phillip Trapnall, be and is hereby appointed Receiver of the Impost or Duty aforesaid, in the County of Johnston; and that Mr. Caleb Howell, be and is hereby appointed Receiver of the Impost or Duty aforesaid, in the County of Anson; and that Mr. William Houston, be and is hereby appointed Receiver of the Impost or Duty aforesaid, in the County of Duplin; and that Mr. James Watson, be and is hereby appointed Receiver of the Impost or Duty aforesaid, in the County of Orange.

VIII. And be it further Enacted, by the Authority aforesaid, That the several and respective Collectors and Receivers of the several and respective Ports and Counties, shall annually, account upon Oath, with the Public Treasurers of this Province, in their several and respective Districts; and for receiving the aforesaid Imposts or Duties, and fully accounting for and paying the same, shall be allowed Five per Cent.

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IX. And be it further Enacted, That the Justices of the Peace in each and every County within this Government, before whom Traders, Peddlers, or Petty Chapmen are enjoined by this Act to swear to the true Value of all their Goods, Wares, or Merchandize as aforesaid, are required to transmit or deliver to the Collector or Receiver of the said Impost or Duty, such Account or Copies thereof within Ten Days after such Account hath been sworn to, the better to enable and inform such Collector or Receiver, how much the said impost or Duty may amount to; and also, that the several Collectors and Receivers appointed in the several Ports and Counties to receive such Impost or Duty, shall produce such Accounts, or the Copies of them received, to the respective Treasurers, with whom they settle their Accounts respectively.

X. And be it further Enacted, by the Authority aforesaid, That every Collector of the aforesaid Ports, and every Receiver in the aforesaid several Counties, shall, before he enters upon the Execution of his Office, give Bond with sufficient Security to our Sovereign Lord the King, in the Sum of Two Hundred Pounds, Proclamation Money, with Condition, That he will honestly, faithfully, and justly, execute the Office of a Receiver of the Impost or Duty aforesaid, and will fully account for and pay all such Sum or Sums of Money by him to be received and accounted for: Which Bond or Bonds to be given as aforesaid shall be drawn, taken and acknowledged, by and before the several and respective County Clerks within this Province; for which they shall be allowed and paid by such Collector or Receiver, Two Shillings and Eight Pence, Proclamation Money.

XI. And be it further Enacted, by the Authority aforesaid, That if any of the aforesaid Collectors or Receivers, appointed, or to be hereafter appointed, in Virtue of this Act, Die, remove, refuse to Act, or neglect their Duty, his Excellency, the Governor, shall appoint others in his or their stead or Place or Places, who shall give Security, in the like Sum, and in the same Manner, as the other Collectors and Receivers are herein required and directed.

XII. And be it further Enacted, by the Authority aforesaid, That if any Majistrate, Collector or Receiver, appointed to receive the said Impost or Duty, shall take, receive, or accept of any Bribe, Reward, or Recompence, or connive at any false Account or Manifest not duly sworn to and attested as in and by this Act is directed. or knowingly permit, or suffer any Concealment of any of the aforesaid Goods, Wares, and Merchandize, liable to and chargeable with the aforesaid Impost and Duty, shall, for every such Offence, forfeit and pay Fifty Pounds, Proclamation Money; to be recovered by any Person that will sue for the same, in the General Court of this Province; wherein no Essoign, Injunction, or Wager of Law, shall be allowed or admitted: One Half thereof to the Prosecutor, and the other Half to defray the necessary Charges of this Government.

XIII. And be it further Enacted, by the Authority aforesaid, That all and every the Sums of Money arising by the Impost of Duty in Virtue of this Act, shall, from Time to Time, be applied for and towards the necessary Charges of Government, by the Governor, Council, and General Assembly of this Province, and by none other Authority whatsoever.

XV. And be it further Enacted, by the Authority aforesaid, That the Act intituled, An Act for granting to his Majesty a Duty on the Importation of Rum and Wine into Anson County from South Carolina, be, and is hereby repealed, to all Intents and Purposes whatsoever, as if the same had never been made.

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XVI. And be it further Enacted, That this Act shall be and remain in Force for Three Years only, and from thence to the end of the next Session of Assembly, and no longer.

CHAPTER II.
An Act for facilitating the Navigation of Port-Bath, Port-Roanoke, and Port-Beaufort.

I. Whereas considerable Injuries have frequently happened to divers Merchants who have sent their Ships and Vessels to Bath, Edenton, and New Bern, by Reason of the Badness of the Channels leading to the said Places, the Insufficiency and Neglect of Pilots, the Want of Staking out the said Channels, and making the Navigation more easy; whereby the Trade of those Parts of the Province is greatly impaired: 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 his Majesty's Council, and the General Assembly of this Province, and by the Authority of the same, That Mr. Michael Coutanch, Mr. Samuel Sinclare, and Mr. James Calf, be, and are hereby appointed Commissioners for Port-Bath; The Honourable Francis Corbin, Mr. John Campbell, Mr. Joseph Blount, Mr. James Trotter, and Mr. James Turnbull be, and are hereby appointed Commissioners for Port Roanoke; and Mr. John Williams, Mr. John Clitheral, and Mr. Joseph Balch, be, and are hereby appointed Commissioners for Port Beaufort; to contract with proper Persons, to examine, from Time to Time, the situation of the Swatch, and to keep the same and all other Channels, leading from Ocracock Bar to Bath, Edenton, and New Bern, well and sufficiently Staked out, and to erect Beacons at Ocracock, Beacon Island, Core Banks, and all such other Places as the said Commissioners shall think most convenient for the safety of Vessels.

III. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act, the said Commissioners shall, once every Year, meet at Bath-Town, to examine into the Conduct of the Persons by them employed; and to appoint one or more of their Number to go to Ocracock, to see that the said Channels are staked, and the Beacons kept up.

IV. And be it further Enacted, by the Authority aforesaid, That the said Commissioners, or the Majority of them, in each respective Port, shall have full Power and Authority, to examine Pilots touching their qualification, and upon their Approbation to grant them a Certificate or Certificates, to be produced to his Excellency the Governor, in Order to obtain his Warrant to pilot Vessels in all or any of the respective Ports aforesaid; and in case any Person shall pretend to pilot or take Charge of any Ship or Vessel, without having passed an Examination as aforesaid, and obtained a Warrant for so doing, he shall forfeit and pay for each and every Offence, the Sum of Ten Pounds, Proclamation Money; to be recovered in any Court of Record in this Province, by Bill, Plaint, or Information; one Third to the Informer, and the other Two Thirds to the Commissioners to be by them applied towards the Staking out the Channels as aforesaid.

V. And be it further Enacted by the Authority aforesaid, That there shall be allowed and paid to every Pilot who shall take charge of any Vessel, the following Pilotage; that is to say, For every Ship or Vessel, from outside the Bar into Beacon-Island Road,

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Two Shillings Proclamation Money, per Foot, for every Vessel that draws Eight Feet Water, or less.

And for every Vessel that draws more than Eight feet Water, Two Shillings, and Six Pence, Proclamation Money, per Foot.

And that the same Wages be allowed to Pilots, for Pilotage outwards as inwards.

And for every Vessel, from Beacon Island Road, that draws Six Feet Water, or less, to Bath-Town, Thirty-Six Shillings, Proclamation Money; and for every Vessel that draws above Six Feet, Six Shillings Proclamation Money, per Foot.

And for every Vessel, from Beacon Island Road, that draws Six Feet Water, or less to Edenton, Three Pounds Twelve Shillings, Proclamation Money; and for every Vessel that draws above Six Feet, Twelve Shillings, Proclamation Money, per Foot.

And for ever Vessel, from Beacon Island Road, that draws Six Feet Water, or less to New Bern, Thirty Six Shillings, Proclamation Money; and for every Vessel that draws above Six Feet, Six Shillings, Proclamation Money, per Foot.

And any Pilot appointed as is herein before mentioned, who shall demand or exact any greater Wages than is by this Act directed and appointed, shall forfeit and pay Ten Pounds, Proclamation Money; to be recovered, by Action of Debt, Bill, Plaint, or Information by any Person that will sue for the same, in any Court of Record in this Province; wherein no Essoign, Imparlance, Injunction, or Wager of Law, shall be admitted or allowed of: Provided, that the said suit is brought or prosecuted within One Year after such Demand or Exaction made, and not afterwards.

VI. And be it further Enacted, by the Authority aforesaid, That the said Commissioners, after the said Channels are Beaconed, Staked, and Marked out, as aforesaid, shall cause Draughts thereof to be made, and shall also Publish the same in the Gazette, with the several Courses from the Bar, up to Edenton, Bath, and New Bern, and the Bearings and Distances of all Beacon or Land Marks, erected in consequence of this Act.

VII. And be it Enacted, by the Authority aforesaid, That for defraying the necessary Expence that may or shall arise, by the Execution of this Act, the following Tax shall be laid on all Ships and Vessels hereafter entering in the Ports aforesaid, and that shall come over Ocracock Bar; that is to say, On each Vessel of less Burthen than Fifty Tons, Twenty Shillings, Proclamation Money: And on each Vessel of Fifty Tons Burthen, and less than One Hundred Tons, Thirty Shillings, Proclamation Money: And on each Vessel of One Hundred Tons, or Upwards, Forty Shillings, Proclamation Money. Which Tax payable for such Vessels as hereafter shall come over Ocracock Bar, and enter the Ports aforesaid, or either of them, shall be received by the Collectors of the aforesaid respective Ports.

VIII. And be it further Enacted, by the Authority aforesaid, That each of the said Collectors herein appointed for the several Ports aforesaid, shall, before he enters on the said Office, give Security, in the Sum of Three Hundred Pounds, Proclamation Money, to the Commissioners herein appointed for each of the said Ports respectively, for the due Performance of the Trust reposed in him, and for his accounting with and paying to the said Commissioners, as often as required, all such Sum or Sums, of Money as shall be, from Time to Time, by him received: And if either of the said Collectors shall refuse to give such Security, It is hereby Enacted, by the Authority aforesaid, That the said Commissioners of that Port shall and may appoint another Receiver or Receivers, in his or their Place and Stead; who shall have full

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Power and Authority to receive the said Tax, giving such Security to the Commissioners of the Port where he is so appointed.

IX. And be it further Enacted, by the Authority aforesaid, That each Receiver shall, in his Port, have full Power and Authority, to go on board any Vessel, in order to measure and ascertain the Burthen of such Vessel; and shall likewise have full Power and Authority to examine, on Oath, the Master of any Vessel, for that Purpose.

X. And be it further Enacted, by the Authority aforesaid, That every Collector or Receiver shall, for his Trouble, in receiving and paying the Tax aforesaid, be allowed Five per Cent. on what Money he shall so receive and pay to the Commissioners aforesaid Respectively.

XI. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act, no Collector of either of the said Ports, shall Clear out any Vessel, 'til the Master shall have produced to him a Certificate from the Receiver of the said Tax, of his having paid the same, under the Penalty of Twenty Pounds, Proclamation Money; to be recovered, in any Court of Record within this Province, by Bill, Plaint, or Information; wherein no Essoign, Imparlance, Injunction, or Wager of Law, shall be allowed or admitted, by any Person who will sue for the same: One half to the Prosecutor, the other to the Commissioners; to be by them applied to the Uses intended by this Act.

XII. And be it further Enacted, by the Authority aforesaid, That the Expence of setting up Beacons at Ocracock, Beacon Island, and Core Banks, and the Staking out the Swatch, shall be Discharged by the Commissioners hereby appointed for the several Ports, in the Proportion following; that is to say, The Commissioners for Port Roanoke, shall pay Two Fifths of the said Charge and Expence; and the Commissioners for the said Port of Bath, and for the Port of Beaufort, shall pay, jointly, the other Three Fifths of the said Charge and Expence, out of the Monies by them received; and the Expence of Staking out the other Channels leading to each of the said Ports, shall be severally paid by the Commissioners of each respective Port to which the said Channels lead.

XIII. And be it further Enacted, by the Authority aforesaid, That upon the Death, Removal, or Refusal of any of the said Commissioners or Receivers to act, the remaining Commissioners of each respective Port, shall and may choose and appoint another Commissioner or Receiver in the said Port, in the Room of such Commissioner or Receiver so dying, removing, or refusing to act.

XIV. And be it further Enacted, by the Authority aforesaid, That no Master or other Person, belonging to any Vessel trading to this Government, shall cast or throw overboard, into any Channel within the said Ports, any Stones or other Ballast whatsoever, under the Penalty of Twenty Pounds, Proclamation Money, for every such Offence; to be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record in this Government; wherein no Essoign, Injunction, or Wager of Law, shall be allowed: And if any Person or Persons, shall wilfully pull down, remove, or destroy any Beacon, Stake, or other Marks erected or placed in Virtue of this Act he or they shall, for every such Offence, forfeit and pay One Hundred Pounds, Proclamation Money; to be recovered by Action of Debt, Bill, Plaint, or Information, in the General Court of this Province, by any Person that shall or will sue for the same: One Half to the Prosecutor, and the other Half to the said Commissioners, to be applied to the Uses aforesaid.

XV. And be it further Enacted, by the Authority aforesaid, That the said Commissioners, as often as they are required, shall account with the General

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Assembly, for such Money as shall be by them, from Time to Time, respectively received; and shall have such Allowance for their Expence as shall appear Reasonable.

XVI. And whereas it will be a considerable Time, before a sufficient Sum to defray the Charges aforesaid is collected and received by this Tax; whereby the Staking out the Channels and Erecting Beacons will be much delayed: Be it therefore Enacted, by the Authority aforesaid, That the Commissioners of the several and respective Ports, shall have full Power and Authority to take up, on Loan, or at Interest, any Sum, not exceeding One Hundred Pounds, Proclamation Money, in each of the said Ports, in order to enable them to have the said Channels Staked, and Beacons erected, as afore said, as soon as possible.

XVII. And be it further Enacted, by the Authority aforesaid, That this Act shall continue and be in force for and during the Term of Five Years, and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER III.
An Act for appointing a Treasurer for the Counties of Currituck, Pasquotank, Perquimons, Chowan, Tyrrell, Bertie, Edgecomb, Northampton, and Granville; and for continuing an Act, intituled, 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, passed at New Bern, the Sixth Day of April, in the Year of our Lord One Thousand Seven Hundred and Forty Eight, it was, among other Things, Enacted, That the said Act should continue and be in Force for the Term of Four Years, and from thence to the End of the next Session of Assembly, and no longer, and as the said Act is just Expiring,

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 Mr. John Haywood be, and he is hereby appointed, Public Treasurer for the Counties of Currituck, Pasquotank, Perquimons, Chowan, Tyrrell, Bertie, Edgecomb, Northampton, and Granville, in the Room and Stead of Mr. Thomas Barker, who has resigned the said Office: Which said Treasurer shall before he enters upon his 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 Sheriff, County Treasurers, and all other Persons, concerned, or who have been concerned, in the Collecting and Receiving any Public Money, within the respective Counties of Currituck, Pasquotank, Perquimons, Chowan, Tyrrell, Bertie, Edgecomb. Northampton, and Granville who have not already accounted for and paid the same to Mr. Thomas Barker, or to the Committee of Accounts of both Houses, shall, upon Oath, account for and pay to the said John Haywood, all the Monies 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

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and receiving the Public Monies hereafter to be Collected and received, within the several Counties above-mentioned, shall, Annually, account for, upon Oath, and pay the same to the Public Treasurer aforesaid, at the Courts of Assize held at Edenton and Edgecomb, in the Month of October; under the Penalty of Twenty Pounds, Proclamation Money.

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, her, 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 he is 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 Monies by him received and paid into the Assembly, (except such Monies as he shall receive from Mr. Thomas Barker, late Treasurer) and may deduct the same accordingly.

VII. And be it Enacted, by the Authority aforesaid, That all 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 by 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; wherein no Essoign, 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 Part to the Prosecutor.

IX. And whereas by An Act, intituled, An Act to appoint a Public Treasurer, in the Room of Eleazer Allen, Esq., deceased, passed the Fifth Day of July, in the Year of our Lord One Thousand Seven Hundred and Fifty, it was, amongst other Things, Enacted, That the said Act should continue in Force for Three Years, next, after the passing thereof, and from thence to the End of the next Session of Assembly, and no longer; and as many inconveniences may arise by the Shortness of the said Time, Be it Enacted, by the Authority aforesaid, That the said Act shall be continued in full

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Force for and during the Space and Term of Three Years, from the passing hereof, and from thence to the End of the next Session of Assembly, and no longer, any Thing in the before recited Act to the contrary, notwithstanding.

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

CHAPTER IV.
An Act to amend and extend an Act, to appoint inspectors in New-Hanover County, and for regulating the Exports of Cape-Fear.

I. Whereas by an Act of Assembly of this Province, passed in the Year of our Lord One Thousand Seven Hundred and Fifty One, intituled, An Act to appoint Inspectors in New Hanover County, and for regulating the Exports at Cape-Fear, it is, amongst other Things, Enacted, That each Barrel of Pitch or Turpentine shall weigh Three Hundred and Twenty Two Pounds, with the Cask; and whereas several inconveniences have arisen, and may arise, by ascertaining the Weight of each Barrel as aforesaid: 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 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, every Barrel of Pitch or Turpentine which shall, by Virtue of this Act, be tendered for Inspection, shall, before it be branded by the Inspector, be weighed in the Inspectors Presence; and every Three Hundred and Twenty Two Pounds Weight, with the Cask, of Pitch or Turpentine, shall be accounted a Barrel of Pitch or Turpentine, and so in proportion; any Thing in the before recited Act to the contrary, notwithstanding: And the Weight of each Barrel of Pitch or Turpentine, shall, by the Inspector, be marked on the Head thereof, with a Marking-Iron.

III. And be it further Enacted, by the Authority aforesaid, That if any Person shall forge or counterfeit any Inspector's Brand on any Cask or Barrel, which, by Virtue of this Act, and the before recited Act, ought to be branded by the Inspector, or shall tender in Payment, or deliver for Exportation, any Cask or Barrel with a forged or counterfeited Brand, knowing the same to be forged or counterfeited, every Person so offending, and being thereof convicted, shall forfeit the Sum of Ten Pounds, Proclamation Money, and also every Cask, containing any of the aforesaid Commodities, so tendered in Payment or delivered; to be recovered by him or them that shall sue for the same, in any Court of Record in this Province, by Action of Debt, Bill, Plaint, or Information, wherein no Essoign, Protection, Injunction or Wager of Law shall be allowed or admitted: One half to the Prosecutor, the other half to the Church Wardens, for the Use of the Parish where the Offence shall be committed.

IV. And whereas the Fee allowed to the Inspector for inspecting each Barrel of Beef, Pork, and Rice, Pitch, and Turpentine, is found not adequate for his Trouble in inspecting the same; Be it therefore Enacted, by the Authority aforesaid, That it shall and may be lawful for every Inspector to have and receive, for his Fee, for inspecting and branding each Barrel of Beef, Pork, and Rice, Six Pence; and for branding and marking each Barrel

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of Pitch and Turpentine, Two Pence, Proclamation Money, and no more: Any Thing in the above recited Act to the contrary, notwithstanding.

V. And whereas the Inhabitants and Traders in the Ports of Bath and Beaufort, in order to encourage the Trade thereof, are desirous that the Exports of those Ports may be under the like Regulations as the Exports of Cape-Fear: Be it therefore Enacted, by the Authority aforesaid, That from and after the Twenty Ninth Day of September, next after the passing of this Act, the several Goods and Commodities shipped for Exportation out of the said Ports, and the Branches thereof, shall pass the like Inspection and Regulation, as the like Goods and Commodities pass, in Virtue of an Act, intituled, an Act to appoint Inspectors in New Hanover County, and for regulating the Exports at Cape Fear.

VI. And be it further Enacted, by the Authority aforesaid, That Mr. John Spooner, be and is hereby appointed Inspector of Bogue Inlet, and the other Inlets in Onslow County: And that Mr. Joseph Bell, be, and is hereby appointed Inspector of Core-Sound, in Carteret County: And that Mr. Jeremiah Vail, be, and is hereby appointed Inspector of Neuse River, in Craven County: And that Mr. Walley Chauncey, be, and is hereby appointed Inspector of Beaufort County, in the Port of Bath: And that Mr. Samuel Sinclare, be and is hereby appointed Inspector of Hyde County, in the Port aforesaid, And that each and every of the said Inspectors shall, before he enters on his said office, give Bond, and make Oath, in the Court of the County where he is to officiate, in the same Manner as the Inspectors at Cape-Fear are by Law required to do.

VII. And be it further Enacted, by the Authority aforesaid, That each and every Inspector so qualified, shall have and enjoy the like Powers and Authorities and be under the same Rules and Regulations, and be liable to like Fines and Penalties, and intituled to the like Fees and Rewards, in the Execution of their respective Offices, as any Inspector at Cape Fear has, or ought to have, by Virtue of the aforesaid Act, To appoint Inspectors in New-Hanover County, and for regulating the Exports at Cape-Fear.

VIII. And be it further Enacted, by the Authority aforesaid, That the Collector of Port Beaufort, and the Collector of Port Bath, in their several Ports, shall conform themselves to the like Rules in Clearing out Vessels in their several Ports, and be intituled to take and receive for their Fees, and be liable to the like Forfeitures, as the Collector of Port Brunswick now is, for Vessels cleared out of his Port, by Virtue of the before recited Act.

IX. And be it further Enacted, by the Authority aforesaid, That the several County Courts, and Justices of the Peace, where each of the above Inspectors may officiate, shall have the same Powers and Authorities in their several Counties, in putting this Act in Execution, as the County Court and Justices of New Hanover have or ought by Law to have.

CHAPTER V.
An Act to amend an Act for regulating the Pilotage of 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 in the before recited Act, the Fees allowed the Pilots of Cape-Fear, are too small:

II. We therefore pray that it may be Enacted, and be it Enacted, by his

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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 passing of this Act, it shall and may be lawful for the Pilots at Cape Fear, to take, for piloting every Vessel over the Bar up to Brunswick, the Rates, in Proclamation Money, according to the following Table; any Thing in the before recited Act to the contrary, notwithstanding, viz.:

For every Vessel drawing Six Feet of Water, or less, Twelve shillings and Nine Pence.

For every Vessel drawing seven feet of Water, Seventeen Shillings and Six Pence.

For every Vessel drawing Eight Feet of Water, Twenty Two Shillings and Six Pence.

For every Vessel drawing Nine Feet of Water, Twenty Seven Shillings and Six Pence.

For every Vessel drawing Ten Feet of Water, Thirty Shillings.

For every Vessel drawing Eleven Feet of Water, Thirty Five Shillings.

For every Vessel drawing Twelve Feet of Water, Forty Shillings.

For every Vessel drawing Twelve Feet and a half of Water, Forty Five Shillings.

For every Vessel drawing Thirteen Feet of Water, Fifty Shillings.

For every Vessel drawing Thirteen Feet and a half of Water, Fifty Five Shillings.

For every Vessel drawing Fourteen Feet of Water, Three Pounds.

For every Vessel drawing Fourteen Feet and a half of Water, Three Pounds and Five Shillings.

For every Vessel drawing Fifteen Feet of Water, Three Pounds and Ten Shillings.

For every Vessel drawing Sixteen Feet of Water, Four Pounds Ten Shillings.

For every Vessel drawing Seventeen Feet of Water, Five Pounds Five Shillings.

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 herein before ascertained for Vessels inward bound.

III. And be it further Enacted, by the Authority aforesaid, That no Pilot shall presume to take greater Fees than the aforesaid, under the Penalty mentioned in the before recited Act; to be recovered and applied as is there directed.

IV. And whereas, in the before recited Act, it was Enacted, That if any Vessel should come over the Bar before a Pilot gets on board the same, such Vessel shall not be liable to pay above one half Pilotage which is found to be of very bad Consequence, Be it therefore Enacted, by the Authority aforesaid, That if any Pilot shall use his utmost Endeavours and Skill, to get on board a Vessel before she comes over the Bar, he shall be intituled to his whole Fees; any Thing in the before-recited Act to the contrary, notwithstanding.

V. And whereas it has been frequently the Custom of Masters of Vessels or others to send for a Pilot to carry down a Vessel before they were ready

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to go down; Be it therefore Enacted, by the Authority aforesaid, That such Masters of Vessels or others, shall maintain such Pilot at his own Expence and Charge, until he be ready.

VI. And be it further Enacted, by the Authority aforesaid, That each and every Clause in the before-recited Act, within the Purview of this Act, is hereby repealed, and declared null and void, to all Intents and Purposes, as if the same had never been made.

CHAPTER VI.
An Act for dividing Part of Granville, Johnston, and Bladen Counties, into a County and Parish, by the Name of Orange County, and the Parish of St. Matthew, and for appointing Vestrymen for the said Parish, and other Purposes therein mentioned.

I. Whereas the Counties of Johnston, Granville, and Bladen, are now become so very extensive, that many of the Inhabitants thereof live very remote from the Places where the Courts of the said Counties are held; whereby a great many Difficulties and Hardships arise to the upper Inhabitants thereof, not only in attending their Ordinary Business in the said Courts, but as also by being compelled to serve as Jurymen, and often Times as Evidences, at the said Courts: 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 it is hereby Enacted, by the Authority of the same, That the upper Part of Granville, Johnston, and Bladen Counties, be erected into a County and Parish by the Name of Orange County, and the Parish of St. Matthew, and be divided by a Line, beginning on the nearest Part of the Virginia Line to Hico Creek, thence a direct line to the Bent of Eno River, below the Occanechas, near to the Plantation where John Williams now dwelleth; thence down the South side of Eno River, to Neuse River; thence down Neuse River, to the Mouth of Horse Creek; thence a direct line to the Place where Earl Granville's Line crosses Cape Fear River; thence along the said Line, to the Eastern Bounds of Anson County; thence along the dividing Line of Anson County to the End thereof: And that the upper Parts of the said Counties be divided and run accordingly, by the Commissioners hereinafter appointed: 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 Tithables in the said County, not exceeding One Shilling, Proclamation Money, per Annum, for the Term of Four Years, for running the Boundary Lines, and for building a Court-house, Prison, and Stocks, in the said County, at such Places as the Justices shall agree upon and appoint at the County Court to be held at the House of John Greys, on the Second Tuesday in June next, after the passing of this Act, or the then next succeeding Court: 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 Taxes are collected.

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

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Courts of the said County shall be held on the second Tuesdays in June, September, December, and March, Yearly.

V. And be it further Enacted, That Alexander Maben, be, and is hereby appointed Sheriff of the said County of Orange, until the Time prescribed by Law for appointing Sheriffs for this Province; and shall be commissioned by his Excellency the Governor, and 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 Alexander Maben, James Watson, Mark Morgan, John Pattison, Andrew Mitchell, Thomas Loveletter, Lawrence Bankston, James Ellison, William Bolling, John Gray, John Pitman, and Joseph Tate, be, and they are hereby appointed Vestrymen of the said Parish of St. Matthew, 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 shall be qualified as a Vestry, and proceed to Parish Business.

VII. And be it further Enacted, That all County and Parish Taxes, already laid on any of the Inhabitants of the several Counties of Granville, Johnston, and Bladen, shall be collected by the respective Sheriffs of the said Counties of Granville, Johnston, and Bladen, and account for in the same Manner as tho' this Act had not been made.

VIII. And to the End, that no Action commenced in Granville, Johnston, and Bladen Counties be defeated, by the Division aforesaid, Be it Enacted, by the Authority aforesaid, That where any Action is already commenced in any of the said Counties of Granville, Johnston, and Bladen, and the Parties or Evidences shall be the Inhabitants of Orange County, all subsequent Process against such Parties or Evidences, shall be directed to be executed by the Sheriffs of Granville, Johnston, and Bladen Counties, to the End and final Determination of the said Causes; any Law Usage or Custom, to the Contrary, notwithstanding.

IX. And be it further Enacted, by the Authority aforesaid, That the County of Orange be, and is hereby obliged to send Jurors to the General Court, at New Bern, and the Sheriff of the said County shall account with the Treasurer of the Southern District of this Province, at New Bern, at the same Time, and in the same Manner, as other Sheriffs of Counties in the Southern District aforesaid are obliged to account.

X. And be it further Enacted, by the Authority aforesaid, That Mr. James Pain, Mr. William Pugh, and Mr. James Watson, be appointed Commissioners, and are hereby impowered and directed, to run a dividing Line between the Counties of Granville, Johnston, Bladen and Orange agreeable to the Directions in this Act before-mentioned.

CHAPTER VIII.
An Act to explain and amend an Act, intituled, an Act for impowering the several Commissioners hereinafter 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 hereinafter appointed in such Manner as they judge most Useful to the Public.

I. Whereas some Doubts have arisen, whether the Commissioners, by Virtue of the before-recited Act, had sufficient Power to clear any Rivers

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or Creeks; the Want whereof hath been greatly detrimental to the Trade and Navigation of this Province: 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 his Majesty's Council, and the General Assembly of this Province, and by the Authority of the same, That from and after the Passing of this Act, it shall and may be lawful for the several Commissioners of the Roads, appointed by Virtue of the Before-recited Act, to summon and order the Taxables within their respective Districts, or so many of them as they may think convenient, which by Law ought to work on the Roads, to clear, and keep clear, any Rivers or Creeks, within their several and respective Districts, in the same Manner, and under the Like Penalties, as they may now, by Virtue of the before-recited Act, summon and order any Person or Persons within their several Districts to work on the Roads.

III. Provided, That the said Commissioners issue Summons, giving the Taxable Persons liable to work on the said Rivers and Creeks, Two Days' Notice, to clear the said Rivers and Creeks, twice every Year, between the last Day of May, and the First Day of October, then next following, Yearly, notifying, that the said Taxables shall work Three Days, and not longer, at each Time.

CHAPTER IX.
An Act to encourage Caleb Grainger, to build a Bridge over Smith's Creek, near the Place known by the Name of Smith's Creek Ferry, in New Hanover County.

I. Whereas a Bridge over Smith's Creek, near the Place where the Ferry now is, would be very convenient for Travellers; and Caleb Grainger being desirous of building one there, at his own expence, on Condition of having the Benefit thereof for the Space of Twenty Five Years:

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 it shall and may be lawful for the said Caleb Grainger, his Executors, Administrators, or Assigns, to erect and build a good substantial Bridge over Smith's Creek, as near as he conveniently can, to the Place where the Main Road crosses the said Creek, near the Place commonly called Smith's Creek Ferry; and after building the said Bridge aforesaid, it shall and may be lawful for the said Caleb Grainger, his Heirs, Executors, Administrators, or Assigns, to keep a sufficient Gate thereon, and take and 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 exery Ox, or Horse more, 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: And for all Travellers on Foot, living in the County of New Hanover, Two Pence each, for and during the Space of Twenty Five Years.

III. And be it further Enacted, by the Authority aforesaid, That after the said Bridge is so built and compleated as aforesaid, (provided the said Bridge shall be so done within two Years after the passing of this Act) it shall not be lawful, during the Time the said Bridge shall be kept in Repair, and fit for Travellers and Carriages to pass and repass over the same,

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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 a Warrant, by the said Caleb Grainger, his heirs, Executors, Administrators, or Assigns, before any Magistrate of the County of New Hanover; to be applied to the Use of the Proprietor of the Bridge built by the said Caleb Grainger, and during the said Time, the Right and Property of the said Bridge is hereby invested in the said Caleb Grainger, his Heirs, Executors, Administrators, or Assigns.

IV. And be it further Enacted, by the Authority aforesaid, That when the aforesaid Bridge shall be built, the aforesaid Caleb Grainger, His Heirs, Executors, Administrators, or Assigns, shall keep the same in good Order, and fit for passing over, during the aforesaid Space of Twenty Five Years; and shall, at the Expiration thereof, leave the same in like Good Order.

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