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Acts of the North Carolina General Assembly, 1754
North Carolina. General Assembly
February 19, 1754 - March 09, 1754
Volume 23, Pages 392-399

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LAWS OF NORTH CAROLINA, 1754.

At a General Assembly begun and held at Wilmington, the Nineteenth Day of February in the year of our Lord One Thousand seven Hundred and Fifty Four, Matthew Rowan, Esq., President.

CHAPTER I.
An Act for granting to his Majesty the Sum of Forty Thousand Pounds, in Public Bills of Credit, at the Rate of Proclamation Money, to be applied towards defraying the Expence of raising and subsisting the Forces for his Majesty's Service in this Province, to be sent to the assistance of his Majesty's Colony of Virginia, and for other purposes therein mentioned.

I. Whereas his Majesty hath been pleased by Instruction to the Commander in Chief of this Province, to direct, that in case any European Power, or Indians under their Influence, should make any hostile Invasions on this his Majesty's Province, to repel Force with Force and on Application, to assist any neighboring Province, if any attack should be made on them;

II. And whereas the Government of Virginia hath desired the Assistance of some of the Militia of this Province to drive off the French, who have lately actually committed Hostilities on that Colony, and dispersed and plundered many of the Inhabitants, built a strong Fort, and placed a Garrison within the known Bounds of that Colony; this Assembly being desirous of shewing their Duty to his Majesty, and Zeal for his Service, and their concern and desire to promote good order, Literature, and true Religion, in all the parts of this Province, and finding it impracticable (the Scarcity of Money being such) to procure a Sum sufficient to raise and subsist Forces to be sent to the aid of Virginia, and for the other Purposes above mentioned by an immediate Tax on the People; Therefore,

III. We pray that it may be Enacted, And be it Enacted by the Honorable Matthew Rowan, Esq., President, and Commander in Chief, 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 Honorable John Swann, and Lewis de Rosset, Esquires, Samuel Swann, and John Starkey, Esquires, are hereby authorized and impowered Commissioners, to stamp and make out, or cause to be stamped with Copper-Plates, and signed with their Hands, Public Bills of Credit of this Province, to the amount of Forty Thousand Pounds, at the Rate of Proclamation Money, that is to say: Two Thousand Five Hundred Forty Shilling Bills, Four Thousand Thirty Shilling Bills, Four Thousand Twenty Six Shillings and Eight Pence bills, Six Thousand Twenty Shilling Bills, Six Thousand Fifteen Shilling Bills, Eight Thousand Ten Shilling Bills, Eight Thousand Five Shilling Bills, Ten Thousand Four Shilling Bills, Eleven Thousand Two Shilling and Eight Penny Bills, Thirty Thousand One Shilling Bills, Forty Thousand Eight Penny Bills, and Thirty One Thousand Four Penny Bills.

IV. And be it further Enacted, by the Authority aforesaid, That the Bills of Credit to be emitted by Virtue of this Act shall be current, and a lawful Tender in all Payments whatsoever, as Proclamation Money, or as Sterling Money, at the proper Difference there is between Proclamation Money and

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Sterling Money that is to say; at Four Shillings, Proclamation Money, for Three Shillings Sterling.

V. And be it further Enacted, by the authority aforesaid, That if any Person or Persons shall counterfeit, alter or erase any of the said Public Bills of Credit of this Province, or shall aid or assist in counterfeiting, altering or erasing such Bills, or shall utter any of the said Bills, knowing them to be so counterfeited, altered, or erased, such person or Persons so offending shall for the first offence, be whipped at the Discretion of the Court before which such Person shall be convicted, not exceeding Forty Lashes, and stand on the Pillory Two Hours, and have both his Ears nailed thereto and cut off; and for the second offence, be deemed a Felon, without Benefit of Clergy, and shall be adjudged and suffer accordingly.

VI. And be it further Enacted, by the authority aforesaid, That each of the Commissioners herein before appointed shall, before he enters upon the Execution of his Office, give Bond to his Honor the President, or Commander in Chief for the time being for the use of the Public, in the Sum of Five Thousand Pounds, Proclamation Money, for the due and faithful Execution of his Office according to the true Intent and Meaning of this Act; which said Bond shall be lodged in the Secretary's Office of this Province; and shall also take an Oath, for the due and faithful Execution of his Office of Commissioner aforesaid.

VII. And be it further Enacted, by the Authority aforesaid, That the said commissioners shall have and receive, for their stamping and paying out the said Bills of Credit, the Sum of Eight Hundred Pounds, Proclamation Money.

VIII. And be it Enacted, by the Authority aforesaid, That as soon as the said Commissioners shall have stamped and signed the several Bills to the Amount of Forty Thousand Pounds, Proclamation Money aforesaid, they shall deliver the same (except Twelve Thousand Pounds, to be paid in Manner as hereafter directed) to the Public Treasurers, in such Proportion as may be necessary to discharge the payments that are to be made for the purposes in this Act mentioned, in the respective Districts of the said Treasurers; which said Treasurers (on Notice given by the aforesaid Commissioners, of the Day and Place they will deliver the said Bills) shall and they are hereby required and directed, then and there to attend, to receive the same in Manner aforesaid, from the Commissioners aforesaid, and place the same in their several Offices, to and for the Uses, Intents, and Purposes, in this Act aforementioned.

IX. And be it further Enacted, by the authority aforesaid, That each of the said Public Treasurers shall have and be allowed One Per Cent. for his Trouble, on all the Public Bills of Credit that he shall receive as aforesaid, and pay in Virtue of this Act, and no more; any Law, Usage, or Custom, to the contrary, notwithstanding.

X. And be it further Enacted, by the authority aforesaid, That if any Commissioner or Commissioners aforesaid, before the Sum of Forty Thousand Pounds shall be stamped and signed, shall die or depart this Government, that then the Governor, or Commander in Chief for the Time being, shall and is hereby authorized and impowered, to appoint another Person or Persons, in the room and stead of such Commissioner or Commissioners, so dying or departing this Government; and such Person or Persons, so appointed, shall be vested with the same power, Benefits and Authority, and be subject to the same regulation and restrictions as the Commissioner or Commissioners appointed by virtue of this Act.

XI. And be it further Enacted, by the authority aforesaid, That the said Sum of Forty Thousand Pounds, when it shall be stamped and signed, be

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and is hereby applied and appropriated for the Uses, Intents, and Purposes, herein after mentioned, that is to say; The Sum of Twelve Thousand Pounds for the enlisting, subsisting, and paying, the Forces designed for the Assistance of the Colony of Virginia, against the French and Indians, who have invaded the said Colony at Ohio, which shall be paid by the said Commissioners, by Warrant or Warrants from the Governor, or Commander in Chief, to the Colonel or Commanding Officer of the Regiment, or his Order; which said Officer shall first give Bond, with Sufficient Security, in the Sum of Twelve Thousand Pounds, Proclamation Money, payable to his Majesty, his Heirs and Successors, for the Use of the Public, for the due Application of all such Monies he may or shall receive in Virtue of any such Warant or Warrants, and shall also account for the same in such manner as all other Public Monies are by Law to be accounted for; which Bond shall be lodged in the Secretary's Office; And such Officer shall retain One per cent. for receiving and paying the said Money.

And the Sum of Two Thousand Pounds to the Use of Fort Johnston, for strengthening, guarding, watching, and preserving the said Fort; to be drawn out of the Hands of the Public Treasurer, by Order of Warrant, under the Hands of the Commissioners appointed, or to be appointed, according to Law, for building the said Fort, or the Major Part of them, in the same manner as they by Law are impowered to do. And the Sum of Two Thousand Pounds for the finishing Fort Granville, at Ocacock Inlet, to be paid by the Treasurer to the Commissioners for building the said Fort, by a Warrant from the Governor or Commander in Chief for the Time being: they first giving Bond, payable to his Majesty, his Heirs and Successors, in the Sum of Four Thousand Pounds Proclamation Money, for the use of the Public, to apply the same for the uses by this Act intended, and to account for the same with the Public Treasurer; which said Bond shall be lodged in the Secretary's Office.

And the Sum of One Thousand Pounds for the Frontier Counties of Anson and Rowan, for purchasing Arms and Ammunition for the use of the poorer Inhabitants of the said Counties; to be paid by the Public Treasurer, by Warrant from the Governor, or Commander in Chief for the Time being that is to say, Five Hundred Pounds to Mr. Caleb Howell, and Mr. Charles Robinson, of Anson County, and Five Hundred Pounds to Mr. James Carter, and Mr. John Brandon of Rowan County, to be by them respectively applied for the Use by this Act intended, each of them first giving Bond, with Sufficient Securities, payable to his Majesty, his Heirs and Successors, in the Sum of Five Hundred Pounds, Proclamation Money, for the Use of the Public, for the faithful Discharge of the Trust hereby reposed in them; which said Bond shall be lodged in the Secretary's Office; and shall produce to the Public Treasurer, a Certificate from the Court of the County respectively that the securities so taken are sufficient and shall account with the said Treasurer for the Money aforesaid, by them so received. And the Sum of Four Thousand Two Hundred Pounds, Proclamation Money, for and towards paying the Public Debts of this Province.

XII. And be it further Enacted, by the Authority aforesaid, That the Sum of Eighteen Thousand Pounds, Remainder of the Forty Thousand Pounds of the Bills of Credit to be stamped and signed by Virtue of this Act, shall be applied to and for the following Uses, Intents, and Purposes, that is to say: The Sum of Six Thousand Pounds for the founding and endowing a Public School, in such manner and under such regulations, as the Governor, or Commander in Chief, for the time being, the Council and General Assembly, shall order, direct and appoint the Sum of Seven Thousand

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Two Hundred Pounds to the Use of the Twenty Four Parishes now erected, out of which said Sum, Three Hundred Pounds shall be paid into the Hands of the Church Wardens and Vestry of every respective Parish in this Government; to be by them applied towards building or finishing a Parish Church, purchasing Land and Stock for a Glebe, and building a Parsonage House, within their several respective Parishes; to be paid by the Treasurers to the Church Wardens of each and every Parish, by order of the sveral and respective Vestries; to be by them applied to the Uses and Purposes by this Act intended, and no other. And the Sum of Two Thousand Pounds, for and towards finishing the Public Buildings in this Province; to be applied by the Commissioners already appointed, whereof the present Treasurer of the Southern District is one, towards compleating and finishing the said Buildings, and shall by the said Commissioners be accounted for, from Time to Time, with the General Assembly. And the Sum of Two Thousand Eight Hundred Pounds, for and towards defraying the contingent charges of this Government.

XIII. Provided always, and it is hereby Enacted and Declared, That the said remaining Public Bills of Credit, to the Amount of Eighteen Thousand Pounds, shall not be issued or paid by the said Treasurers, or any other Person or Persons whatsoever, for and towards the Purposes herein before mentioned, or to any other purpose whatsoever, until his Majesty's Royal Approbation or Consent shall be signified to the Governor, or Commander in Chief of this Province for the Time being; any Thing in this Act to the contrary, notwithstanding.

XIV. And be it further Enacted, by the Authority aforesaid, That the Tax of One Shilling, Proclamation Money, for sinking the present Currency, shall continue to be annually levied on every taxable Person within this Province, and be collected by the Sheriff of every respective County, and shall be paid in Gold, Silver, or Bills of Credit, on or before the first Day of March, yearly; and that all Persons neglecting to pay the said Tax at the Time by Law limited, shall be liable to such Distress, to be made by the Sheriff, as for Non-Payment of other Taxes; and the said Sheriff of each and every County, on or before the Tenth Day of June, yearly, shall return a List of Taxables, and also account upon Oath, and pay into the Hands of the Public Treasurer of the respective District, all such Sums of Money as he shall have received in Virtue of this Act, under the Penalty of Two Hundred Pounds, Proclamation Money, for every Default; and every such Sheriff and his Securities, shall be further liable to a Suit or Suits, and recovery, on the Security Bond given for the Performance of his Office.

XV. And for the more speedy and effectual calling in and sinking the Bills of Credit, to be emitted by virtue of this Act, Be it Enacted by the authority aforesaid, That from and after the Expiration of the Act for licensing Traders, Peddlers, and Petty Chapmen, and granting to his Majesty an Impost on Goods, Wares, and Merchandise, to raise Supplies for the necessary Charges of Government, there shall be paid for every Gallon of Wine, Rum, or other distilled Liquors, imported or brought into this Province, either by Land or Water from any Port or Place whatsoever, (Great Britain excepted) the Duty of Four Pence per Gallon, Proclamation Money.

XVI. And be it further Enacted, by the authority aforesaid, That the Master of every Vessel hereafter importing Liquors liable to a Duty, by virtue of this or the before recited Act, to any Port or Place within this Province shall within Forty Eight Hours after his arrival, make a true and just report, upon Oath, to the Receiver of the Duty on such Liquors, of the quantity of Liquor, with the Particular Marks and Numbers of every Cask

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or Package containing the same, and to whom consigned, to the best of his Knowledge, under the Penalty of forfeiting One Hundred Pounds Proclamation Money.

XVII. And be it further Enacted, That from and after the passing of this Act, no Wine, Rum, or other distilled Liquor, shall be landed or put on Shore, or any other Way delivered out of the Vessel importing the Same, before due entry made thereof, upon Oath, by the Importer, Owner, or Factor, with the receiver appointed by this or the before mentioned Act, for receiving the Duty in the Place or Port where the same shall be imported, or before the said Duty shall be fully satisfied and paid, or secured to be paid, in manner as hereafter directed, and a Permit had under the Hand of the Receiver for the Landing or Delivery thereof; and all Liquors landed, or put on Shore, contrary to the direction and true Intent and Meaning of this Act, shall be forfeited or the Value thereof.

XVIII. And be it further Enacted, That any Person or Persons bringing any Wine, Rum, or other distilled Liquors, into this Province by Land, shall within Forty Eight Hours after he has lodged or housed the same, make a due Report on Oath, of the Quantity thereof, to the Receiver of the respective Ports or Places, appointed by Virtue of this or the before mentioned Act, and pay the Duty imposed, or give bond with good security, to our Sovereign Lord the King, his Heirs and Successors, for the Use of the Public for payment thereof within six Months, and obtain a Permit, under the Hand of the said Receiver, for selling or using the same; and on Default thereof all such Liquors, or the Value thereof, shall be forfeited.

XIX. And be it further Enacted, That if any Person or Persons whatsoever shall wittingly or willingly make a false Entry of any of the Liquors before mentioned, and be thereof lawfully convicted, such Person or Persons shall forfeit and pay One Hundred Pounds, Proclamation Money.

XX. And be it further Enacted, That if any Receiver appointed by this or the before mentioned Act to receive the Duty aforesaid or any other Person or Persons for him, shall take or receive, directly or indirectly, any bribe, Recompense, or Reward whatsoever, for conniving at any false Entry of Wine, Rum or other distilled Liquors, that shall be imported into this Province either by Land or Water, whereby the Public may be defrauded, such Person shall forfeit and pay the Sum of One Hundred Pounds, Proclamation Money, and the Person or Persons giving or paying any such Bribe Recompence, or Reward shall forfeit and pay the Sum of One Hundred Pounds like Money.

XXI. And be it further Enacted, by the Authority aforesaid, That the Receiver or Receivers of the aforesaid Duty, or any Person by him, them, or any of them, appointed, shall have full power and Authority to enter on Board any Vessel, provided she hath been in Port Six Days, and bring on Shore so much of the Liquors reported or entered, and liable to pay the Duty aforesaid, as shall be sufficient to pay the Duty on such Liquors so reported, and the same to sell at public Vendue, to the highest bidder; and after the Duty aforesaid shall be paid, and the Charges of bringing such liquors on Shore, and Vendue thereof defrayed, the Surplus (if any) shall be paid to the Person from whom the said Liquors were taken.

XXII. And be it further Enacted, That upon information made on Oath, or violent Suspicion, it shall and may be lawful for any of the Receivers of the said Duty upon Liquors, by a Warrant under the Hand of a Justice of the Peace, and accompanied with a Constable, to open any House, Warehouse, or Store, in the Day time, and search for, seize, and carry away, any Liquors liable to the Duty aforesaid, and for which the said Duty hath not

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been paid, or secured to be paid, in Manner aforesaid: And in all Cases, where any Dispute shall arise on any Seizure, being made by Virtue of this Act, for Non-Payment of the Duty aforesaid, the Onus Probandi shall lie on the Owner or Claimer of such Liquors. And if any Receiver or Constable or their assistants, shall be molested or sued for any Thing done in executing the Powers hereby Given them, such Receiver, Constable, or Assistant, may plead the General Issue, and give this Act in Evidence: and if in any such Suit the Plaintiff be non-suit, or Judgment pass against him, the Defendant shall recover double costs.

XXIII. And be it further Enacted, by the Authority aforesaid, That where any Person is desirous of transporting any Liquors that are liable to the Duty aforesaid, from one District to another, and for which the Duty hath been paid, or secured to be paid, he shall apply to the Receiver of the Duty on Liquors for a Certificate, which Certificate such Receiver is hereby authorized, impowered, and required to give, setting forth the Number of Casks, the Marks, and the Contents thereof, and the Duties thereof have been paid, or secured to be paid, on producing of which to the Receiver of the Duty of such District to which the same shall be transported, and making Oath that the Liquors by him transported are bona fide the same for which such Certificate was obtained, no farther Duty shall be demanded; and all Liquors liable to the Duty aforesaid, brought into any District without such Certificate, either by Land or Water, shall be deemed not to have paid the Duty, and such Liquors, or the Value thereof, shall be forfeited.

XXIV. And be it further Enacted, That no Collector of any of the Ports in this Province shall, from and after the passing of this Act, clear out any Vessel importing any of the aforesaid Liquors, before the Master shall produce a Certificate, signed by one of the Receivers, appointed by Virtue of this or the before mentioned Act, that he hath paid, or secured to be paid, the Duty aforesaid, under the Penalty of Fifty Pounds, Proclamation Money.

XXV. And be it further Enacted, That Mr. Jeremiah Vail shall be, and he is hereby appointed Receiver of the Duty arising in Virtue of this Act on all the Wine, Rum, and distilled Liquors, imported into Neuse River; and Mr. John Spooner, shall be, and he is hereby appointed Receiver of the Duty on all the Wine, Rum, and distilled Liquors, imported into any of the Inlets in Onslow County; and that the several Collectors of his Majesty's Customs, for the Time being, shall be, and they are hereby appointed Receiver of the said Duty, on all the Wine, Rum, and distilled Liquors, that shall be imported by Water, at every other place within their Several and respective Ports; and that the Commander in Chief for the Time being, by and with the Advice and Consent of his Majesty's Council, shall be and is hereby impowered to nominate and appoint such and so many Receivers of the Duty on Liquors brought into this Province by Land, as shall be necessary; and if any of the aforesaid Receivers appointed, or to be appointed by Virtue of this Act, shall die, remove, or refuse to Act, or neglect their Duty, the Commander in Chief for the Time being, by and with the Advice and Consent of his Majesty's Council, shall appoint others in their stead and Place.

XXVI. And be it further Enacted, That every Receiver of the Duty on Liquors shall, before he enters on the Execution of his Office, give Bond, with sufficient Security, to our Sovereign Lord the King, his Heirs and Successors, in the Sum of Five Hundred Pounds, Proclamation Money, for the Use of the Public; with Condition that he will honestly, faithfully, and justly execute the Office of Receiver of the Impost or Duty aforesaid, and will fully acount for and pay all Such Sum or Sums of Money by him to be

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received and accounted for, which Bond so given, shall be lodged in the Secretary's Office.

XXVII. And be it further Enacted, That the several and respective Receivers appointed by Virtue of this or the before mentioned Act, shall annually account, upon Oath, with the Public Treasurers of this Province, in their several and respective Districts; and for their receiving the aforesaid Duty, and fully accounting for, and paying the same to Treasurers aforesaid, they shall be allowed Five per cent.

XXVIII. And be it further Enacted, That all the Money arising by the Duty imposed by this Act, shall be paid to the Public Treasurers, and shall be by them accounted for and paid (their Commissions deducted) to the General Assembly, and shall be applied and appropriated for and towards sinking the Public Bills of Credit to be emitted by Virtue of this Act, and to no other Use or Purpose whatsoever; and together with the before mentioned Tax of One Shilling per Poll, shall continue to be collected and paid, until the present Bills of Credit, and the Bills of Credit now to be emitted, in Virtue of this Act; shall all be called in, sunk and destroyed.

XXIX. And be it further Enacted, That the several Fines and Forfeitures in this Act mentioned, shall be applied, one Half to his Majesty, for and towards the contingent Charges of Government, and the other Half to him who will inform and sue for the same; to be recovered by action of Debt, Bill, Plaint, or Information, in the General Court of this Province; wherein no Essoign, Injunction, Protection, or Wager of Law, shall be allowed or admitted of.

CHAPTER II.
An Act for the further and better Regulation of the Town called Wilmington, and for repealing the several Acts therein mentioned.

(Printed in Private Acts, post.)

CHAPTER III.
An Act for appointing Commissioners of the Roads for the South West District of New Hanover County.

(Printed in Private Acts, post.)

CHAPTER IV.
An Additional Act to an Act, intituled, An Act for impowering the several Commissioners herein after named, to make, and repair, all Roads, Bridges, Cuts, and Water Courses, already laid out, or hereafter to be laid out in the several Counties and Districts herein after appointed, in such Manner as they judge most useful to the Public.

CHAPTER V.
An Act for Granting unto the town of Brunswick the Privilege of Chosing and Sending a Representative to the General Assembly. Repealed.

[Full text of this chapter is available at vol. 25, p. 264.]

CHAPTER VI.
An Act to impower the Justices of Craven County to sell the Lot of Land in New Bern, whereon the Court house, Prison, and Stocks, now are.

(Printed in Private Acts, post.)

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CHAPTER VII.
An Act to continue an Act, intituled an Act to appoint an Agent to solicit the Affairs of this Province at the several Boards in England; also an Act intituled an Act to encourage James Davis to set up and carry on his Business of a Printer in this Province, and for other Purposes therein mentioned; also an Act intituled An Act to appoint Inspectors in New Hanover County, and for regulating the Exports at Cape Fear; and also One other Act, intituled An Act for the better regulating the Militia of this Province. Exp.

[Full text of this chapter is available at vol. 25, p. 266-267.]

CHAPTER VIII.
An Act for erecting the upper Part of Bladen County into a County and Parish, by the Name of Cumberland County, and St. David's Parish. Private.

[Full text of this chapter is available at vol. 25, p. 267-268.]

CHAPTER IX.
An Act to appoint and lay out a Town on the Plantation of Mr. Henry Skibbow, on the East side of the North East Branch of Cape Fear River, at a Place called the Sand Hill, and to appoint an Inspector in the said Town and other purposes therein mentioned.

(Printed in Private Acts, post.)

CHAPTER X.
An Act to alter the Times for holding the Courts of Orange, Rowan, and Bladen Counties.

(Printed in Private Acts, post.)

CHAPTER XI.
An Act to amend an Act Intituled, An Act to appoint a convenient Place for holding the County Court of Duplin, and to impower the Commissioners therein named to build a Court House, Prison, and Stocks, in the said County and for enlarging the Bounds thereof.

(Printed in Private Acts, post.)

CHAPTER XII.
An Act to appoint a convenient Place for holding the County Court of Orange, and to impower the Commissioners hereafter named to build a Court House, Prison, and Stocks, in the said County.

(Printed in Private Acts, post.)

CHAPTER XIII.
An Act for appointing and laying out a Town on the Land of John Jenkins on the South side of Pee Dee River in Anson County and for other Purposes therein mentioned.

(Printed in Private Acts, post.)

Signed by
MATTHEW ROWAN, ESQ., President,
James Murray, President of the Council.
SAMUEL SWANN, Speaker.