At a General Assembly, begun and held at New Bern, on the Twelfth Day of December, in the Year of our Lord One Thousand Seven Hundred and Fifty Four, and from thence continued, by several Prorogations, to the Twenty Fifth Day of September, in the year of our Lord One Thousand Seven Hundred and Fifty Five: Being the Second Session of this Assembly. Arthur Dobbs, Esq., Governor.
I. Whereas the Subjects of the French King, in Pursuance of their destructive and wicked Designs, to render themselves Masters of the American Continent, have erected Forts on his Majesty's Lands, and in Conjunction with the Indians in their Interest, committed divers Murthers on his Subjects, and still continue to perpetrate such horrid Cruelties and unparalleled Barbarities, the Prosecution of which, if not speedily prevented, may not improbably terminate in the Completion of their iniquitious Schemes and the Destruction of the British Colonies; this Assembly moved with the Consideration of the sufferings of their fellow Subjects, and earnestly desirous to shew their Duty and Loyalty to their Sovereign, and an invariable attachment to his Interest, have granted to his Majesty a further Aid of ten thousand Pounds, to enable His Excellency the Governor to protect the frontier of this Province, and to assist the other Colonies in Defence of his Majesty's Territories, and to repel the French from their encroachments; And whereas there is not in the Treasury any money unappropriated, out of which the aforesaid Sum can be paid: Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That the Sum of Seven thousand two Hundred Pounds, appropriated for building and finishing Churches and purchasing Glebes, under a suspending Clause in an Act entitled An Act for granting to his Majesty 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; and also the Sum of Two Thousand Pounds appropriated for and towards finishing the Public Buildings, under the same suspending Clause in the before recited Act, amounting in the whole to the Sum of nine thousand two Hundred Pounds, be received by the Public Treasurers, from the Commissioners appointed for stamping, signing and emitting the Sum of Forty Thousand Pounds, which they are hereby required and impowered to pay to the said Treasurers on Demand, to-wit, Four Thousand and six Hundred Pounds to the Treasurer of each District within this Province, and by them paid to such Person or Persons as the Governor or Commander in Chief, for the Time being, shall appoint to receive the same, for which the said Treasurers shall receive no more than One per Cent. and the Person appointed by the Governor
II. And that the said Sum of nine thousand two Hundred Pounds may be replaced in the Hands of the Treasurers, and also to raise the Sum of eight hundred Pounds, to be applied with the said nine thousand two hundred Pounds, as is in this Act directed: Be it further Enacted by the Authority aforesaid, That a Poll Tax of Two Shillings per Taxable, be levied on each Taxable Person within this Province, for and during the space of Five Years from the passing of this Act, and no longer; which Tax shall be collected, paid and accounted for at the same Time and in the same Manner, and under the like Penalties, as the Tax imposed by an Act of Assembly, entitled, An Act for granting an aid to his Majesty, for the Defence of the Frontier of this Province, and other Purposes: and as the same shall be paid, shall be applied to the Payment of the said eight hundred Pounds, to such Person as the Governor, or Commander in Chief, for the Time being, shall direct, and to replacing the said Sum of nine thousand Two Hundred Pounds.
III. And be it further Enacted by the Authority aforesaid, That the said Ten Thousand Pounds hereby granted to his Majesty, or so much thereof as shall be necessary for the Purposes of this Act, shall be applied in Manner following: that is to say, One Thousand Pounds to defray the Expence of erecting one or more Forts, at such Place or Places in the Frontier of this Province as the Governor, or Commander in Chief for the Time being, shall appoint, and for the better Accommodation of the Company formed for the Defence of the same; and the Sum of nine Thousand Pounds, for the expence of raising, paying, cloathing and accommodating Three Companies, consisting of Fifty Men Each, exclusive of Commissioned Officers; which Companies shall March or be transported to such of the Northern Colonies as his Excellency the Governor, or Commander in Chief for the Time being, shall think most conducive to his Majesty's Interest, and be employed with the Troops in his Service.
IV. And be it further Enacted by the Authority aforesaid, That the Officers and Soldiers of the aforesaid three Companies, to be raised by Virtue of this Act, shall, from the Time of their being commissioned and enlisted, have and receive the same Pay, and be under the same Discipline and Regulation with the other Officers and Soldiers appointed and raised for the same Service.
V. And be it further Enacted by the Authority aforesaid, That all such Monies as shall be raised by Virtue of the Tax hereinbefore directed, more than shall amount to the said Sum of ten Thousand Pounds, and so much of the said ten thousand Pounds as shall remain after the Disbursement for the several Services herein before mentioned, according to the True Intent and Meaning of this Act, shall, by the Governor, Council, and Assembly, be applied towards paying the contingent Charges of Government.
VI. And that the Troops in Virtue of this Act intended to be raised may be well paid and cloathed; Be it Enacted by the Authority aforesaid, That the Governor or Commander in Chief for the Time being, shall and may direct the Manner of remitting the necessary Part of the Sum granted for that Purpose, by appointing such Persons as he shall think Proper, to Purchase Commodities in this Province, and to ship them to any other of the British Colonies, in which it may be thought they may to the greatest Advantage be disposed of, and to direct the Person or Persons to whom the same shall be consigned, to pay over the Money arising from the Sale of
(The seventh and eighth sections, providing for a draught, if necessary, and making regulations accordingly, not thought material to be inserted.)
IX. And be it further Enacted, by the Authority aforesaid, That the Companies to be raised in Virtue of this Act, may be continued and kept in Pay until the Tenth day of November, which will be in the Year of our Lord one thousand seven hundred and fifty six, if necessary for his Majesty's Service, and no longer.
I. Whereas the Laws now in force for appointing Sheriffs and directing their Duty in Office, have been found greatly defective; and there is at present no law, whereby those who have been invested with the Power of applying Public Money, or the Collectors of the same, can be compelled to a Speedy Execution of the said Trusts; by Occasion whereof, the Public hath been greatly defrauded, and the Faith thereof much depreciated; For Remedy whereof,
II. Be it Enacted by the Governor, Council, and Assembly and it is hereby Enacted, by the Authority of the same, That every County Court of this Government, shall, annually, between the first Day of March and the First Day of June, recommend to the Governor or Commander in Chief of this Province, Three such Persons as they shall think most fit, being Freeholders of sufficient Circumstances, to execute the Office of Sheriff; one of which Persons so recommended, shall thereupon be commissioned by the Governor or Commander in Chief, to execute the Office of Sheriff for that County for the next ensuing year; but if at any Time any County Court shall neglect or refuse to make such recommendation, or if the Person recommended shall refuse to act, in either of those Cases, it shall and may be lawful for the Governor and Commander in Chief, and he is hereby authorized and required, to appoint, and by his Commission, constitute, any Freeholder of such County, having Circumstances of ability as aforesaid, to be Sheriff thereof: And if any Sheriff appointed upon recommendation as aforesaid, shall happen to die in the Time of his Sheriffalty, the Governor or Commander in Chief, may, and is hereby impowered, to appoint one of the Survivors, recommended with the Person deceased, to be Sheriff in his Room; and when any Sheriff appointed upon Neglect of Recommendation, happens to die in Office, any Freeholder of sufficient Circumstances, may and shall be commissioned in his stead.
III. And be it further Enacted, by the Authority aforesaid, That no Person shall be compellable to serve as Sheriff longer than One Year, and until the next succeeding Court after Expiration thereof, unless before superceded, and no longer; and every Person accepting a Sheriff's Commission, shall, before his entering into, or executing his Office, publicly, before his County Court, take the Oaths appointed, or which shall be appointed by Act of Parliament, for the Qualification of Public Officers, repeat and subscribe the Test, and also take the following Oath, to wit,
I, A. B., do solemnly swear, That I will truly and faithfully execute the Office of Sheriff of the County of —— to the best of my knowledge
And also shall enter into Bond, before the Justices of his County Court, with two or more good and sufficient securities, in the Penalty of one thousand Pounds Sterling, with Condition in the Form following, to-wit:
The Condition of the above Obligation is such, That whereas the above named A. B. is constituted and appointed Sheriff of the County of —— during Pleasure, by a Commission from the Governor, under the Seal of this Province, dated the —— Day of —— last past; if therefore the said A. B. shall well and truly execute, and make due Return of all Process and Precepts to him directed and pay and satisfy all Fees and Sums of Money by him received or levied, by Virtue of any such Process, into the proper Office, by which the same, by the Tenor thereof, ought to be paid, or to the Person or Persons to whom the same are due his or their Executors, Administrators, Attornies, or Agents, and in all other things, well and truly, and faithfully, execute the said Office of Sheriff, during his Continuance therein; then the above Obligation is to be void; otherwise to remain in Full Force and Virtue.
And shall also enter into one other Bond, before such Court; and, with the like Security, in the Sum of one thousand Pounds Sterling, with a Condition in the following Form, to-wit: The Condition of the following Obligation is such, That whereas the above Bound A. B. is constituted and appointed Sheriff of the County of —— during Pleasure, by Commission from the Governor under the Seal of the Province, dated the —— Day of —— last Past; if therefore the said A. B. shall well and truly collect and receive all such Public Taxes and Dues as are, or which shall be appointed by Act of Assembly, to be paid by the Taxable Persons within his Bailiwick, during his continuing Sheriff thereof, and duly account for, and pay the same to such Person or Persons, and at such Times, as by Law are, or shall be limited and directed: Then the above Obligation is to be void and of no Effect; otherwise to remain in full Force and Virtue. Which said Bonds and Securities, every County Court respectively, is hereby impowered and required to demand and take, and cause to be acknowledged before them in open Court, and recorded; the First of which said Bonds shall be made payable to his Majesty, his Heirs and Successors, and that in the Name of his Majesty and his Successors, any Person or Persons injured, may and shall, at his, her, or their proper Costs and Charges, commence and prosecute a Suit or Suits on the said First mentioned Bond, against the Parties therein bound, their Executors or Administrators; and shall and may recover all Damages which he, she, or they may have sustained, by Reason of the Breach of the Condition of such Bond: And the said last Mentioned Bond shall be made payable to the Governor or Commander in Chief for the time being, and his Successors; and that in the Name of the Governor or Commander in Chief, or his Successor, the Treasurer of the District may and shall commence and prosecute Suits on such last mentioned Bond, against the Parties therein Bound, their Executors or Administrators; and shall and may recover, for the Use of the Public, such Damages as the Public shall or may have sustained by means of a Breach of the Condition of such Bond: And such Bonds shall not become Void upon the First recovery or if Judgment shall be given against the Plaintiff or Plaintiffs who shall sue on such Bonds respectively, but may be put in Suit, and prosecuted
IV. Provided always, That if any Verdict or Judgment shall pass for such Sheriff, or his Securities, the Person at whose instance such Suit shall be commenced, shall pay such Sheriff, or his Securities, their Costs; and the Court before which such Suit shall be brought, shall and may award Execution for the same.
V. And be it further Enacted, That every Sheriff who shall be in Office on the First Day of March next, after the passing of this Act, shall, at the first Court to be held for the County thereafter, enter into such Bonds, with Securities, as by this Act is directed to be given, by a Person accepting the Office of Sheriff, upon recommendation of the County Court, or otherwise; and if any Person who shall hereafter be appointed Sheriff pursuant to this Act, shall refuse to accept and execute such Commission to him directed, he shall forfeit and pay the Sum of Eight Pounds Proclamation Money, to the Use of the Public; to be recovered in the Name of the Governor, or Commander in Chief, with Costs, by the Treasurer of the District wherein the Person so refusing shall reside, by Action of Debt, Bill, Plaint or Information: And every Sheriff who shall be in Office on the aforesaid First Day of March, that shall neglect or refuse to give Bond, with Security, as herein before directed, shall incur the like Penalty; to be recovered in the same Manner, and to the same use as aforesaid.
VI. Provided nevertheless, That if any Person hereafter appointed to execute the Office of Sheriff in any County in this Province, shall be willing to execute the same, but cannot get sufficient Security as by this Act is required, and shall make Oath, in the Court of the County for which he shall be appointed Sheriff, that he hath used his best Endeavors without Frand or Collusion, to get such Security; that then such person shall not incur the penalty aforesaid; anything herein contained to the contrary notwithstanding.
VII. Provided also, That any Sheriff who shall be in Office on the aforesaid First Day of March, and shall be willing to give such Securities as aforesaid, and cannot procure the same, and shall make Oath thereof in Manner herein before mentioned that then such Sheriff shall not be subject to the said Penalty; any thing herein contained to the Contrary notwithstanding.
VIII. Provided likewise, That no Member of his Majesty's Council, a Member of the Assembly, or elected as such, shall be obliged to execute the Office of Sheriff; any Thing in this Act contained to the contrary, notwithstanding.
IX. And be it further Enacted, That if any Sheriff hath neglected or refused, or shall hereafter neglect or refuse, to account for, and pay the several Public taxes that have been, or hereafter shall be imposed on the Taxable Persons of the County of such Sheriff, and wherewith he shall be chargeable, according to the Direction of the Act or Acts of Assembly imposing the same, after deducting the Commissions allowed him by Law, and the several Sums chargeable to Persons who have no visible Estate in his County; it shall and may be lawful for the Supreme Court of the District wherein such Sheriff shall live, upon a motion of the Treasurer of the District, to give Judgment against such Sheriff, for all the Money wherewith he is or shall be Chargeable, by Virtue of any Act or Acts of Assembly as aforesaid, with Costs; and thereupon to award execution against the Goods and Chattels Lands and Tenements, of such Sheriff: Provided, that such Sheriff shall have Ten Days previous Notice of such Motion.
X. And be it further Enacted, by the Authority aforesaid, That upon the Tryal of any Cause on the said last mentioned Bond, wherein Issue shall be joined, upon Performance of the Condition thereof; or where a writ of Enquiry of Damages shall be executed, upon any breach of the same Assigned, or where a Motion shall be made against the Sheriff as aforesaid; it shall be sufficient to ascertain the Sum wherewith the Sheriff stands chargeable, for the Treasurer to give in Evidence an Attested Copy of the List of Taxables in the County of the Sheriff so sued or moved against; and shall recover for the whole Taxables contained in such List, deducting only the Commissions by Law allowed him, and for such Persons who have no visible Estate in his County; any Law, Usage, or Custom to the contrary, notwithstanding.
XI. Provided always, That if such Sheriffs shall, before the Commencement of such Suit, or hearing such Motion, have settled with the Court of his County for the County Tax, and obtained an allowance for such Persons who have no visible estate therein; an attested Copy of such Settlement may also be given in evidence by the Defendant.
XII. And be it Enacted, That the Clerk of each County Court shall, on or before the first Day of March, annually, transmit to the Treasurer of the District where such Clerk shall live, a true Copy of the List of the Taxables of the said County, filed with him, alphabetically digested; for which Service, he shall be paid by the said Treasurer the usual Fee, which shall be by him charged to the Public in his Account; and every Clerk failing or neglecting to perform his Duty herein, shall, for each Offence forfeit and pay Twenty Pounds Proclamation Money; one Half to the Informer, and the other Half to the Governor or Commander in Chief, for the Use of the Public: to be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record with Costs.
XIII. And be it further Enacted, by the Authority aforesaid, That every Sheriff himself, or by his lawful Officers or Deputies, shall, from Time to Time, execute all Writs, and other process to him legally issued and directed within this County, or upon any Bay, River, or Creek adjoining thereto, and make due Return thereof; under the Penalty of Forfeiting Five Pounds, Proclamation Money for each Neglect, where such process shall be delivered to him Twenty Days before the sitting of the Court to which the same is returnable; to be paid to the Party grieved, by order of such Court upon Motion and Proof of such Delivery; unless such Sheriff can shew sufficient Cause, to the Court, at the next succeeding Court after such Order; and for every false return, the Sheriff shall forfeit and Pay Ten Pounds Proclamation Money; one Moiety thereof to the Party Grieved, and the other Moiety to him or them that will sue for the same, To be recovered with Costs, by Action of Debt, Bill, Plaint, or Information in any Court of Record; and moreover be further Liable to the Action of the Party grieved, for Damages: And no Sheriff shall return, upon any Writ, that the Defendant is not to be found within his Bailiwick, unless such Sheriff shall have actually been at the House or Place of Abode of such Defendant: And where any Defendant shall be a Known Inhabitant of another County than that of the Sheriff to whom such Process shall be directed, the Sheriff shall return the truth of the Case; and thereupon an Alias shall Issue, directed to the Sheriff where such Defendant resides, if the original Process shall issue from a Supreme Court; and no Variance of the Addition of the Place of Abode of the defendant, shall be deemed Error, or Matter of Abatement.
XIV. Provided always, That it shall not be lawful for any Sheriff, or other Officer, to execute any Writ, or other Process, upon a Sunday, or upon any
XV. And be it Further Enacted by the Authority aforesaid, That it shall not be lawful for any Sheriff, or his Officer or Deputy, to take any Obligation, of or from any Person or Persons in his Custody, for or concerning any Matter or Thing relating to his Office, otherwise payable than to himself as Sheriff, and dischargeable upon the prisoner's Appearance, and rendering himself at the Day and Place required in the Writ, whereupon he was, or shall be taken or arrested, (and his Securities discharging themselves therefrom, as special Bail of such Prisoner) or such Person or Persons keeping within the Limits and Rules of any Prison: And that every other Obligation is, or shall be by Law particularly and expressly directed; and that no Sheriff shall demand, exact, take, or receive, any Greater Fee or Reward whatsoever; nor shall have any Allowance, Reward or Satisfaction, from the Public for any Service by him done, other than the Sum of Ten Pounds, Proclamation Money, for ex-officio Services; and the Allowances given and provided, or which shall be from Time to Time given and provided by law.
XVI. And whereas Sheriffs and other Collectors of Taxes, have discovered some Taxables not inlisted, and have demanded and received the Taxes from them, and retained the same to their own use; Be it therefore Enacted, by the Authority aforesaid, That all Sheriffs and Collectors shall hereafter account, on Oath, for all such Taxes by them received, to the respective Treasurers, County Courts, or Vestries, as the case may be; which shall be applied to the Use of the Public, County, or Parish, accordingly.
XVII. And be it further Enacted, That where any Person or Persons, chargeable with any Public or County Taxes, shall not discharge the same within the time limited by Law for the Payment thereof, it shall be lawful for the Sheriff to distrain any of the Slaves, Goods and Chattels, belonging to, or in the Possession of the Person owing or Chargeable with such Taxes; and if the Owner thereof shall not within Five Days after such Distress, pay and satisfy the Taxes due, such Sheriff shall and may lawfully sell, by Auction, the slaves, Goods and Chattels, distrained or so much thereof as shall be sufficient to satisfy the said Taxes, and the Charges of Distress and Sale; but shall give notice of the Day and Place of the Sale, at the Church of the Parish wherein such Distress shall be made, by setting up a Note thereof before the Service begins, at some convenient or usual Place near such Church, and by publishing the same in the Church yard immediately after Divine Service, on the next Sunday after the Expiration of Five Days; which Sale shall not be in less than Three, nor more than Six Days after Notice so given; and shall be good and effectual in Law, against all and every Person and Persons whatsoever, claiming or pretending to claim, any Right, Title, or Interest, in or to any of the said Slaves, Goods, or Chattels.
XVIII. And be it further Enacted, That where the Sheriff of any County shall die or be removed from his office, before he shall have finished his Collection of Public and County Taxes, it shall be lawful for the succeeding Sheriff or Sheriffs to make Distress for the same, upon the Slaves, Goods, and Chattels of the Person or Persons chargeable with such Taxes, and so make Sale thereof in the Manner by this Act before directed; and so be
XIX. Provided always, That no Sheriff shall at any Time make or take unreasonable Distress, or seize the Slave or Slaves of any Person, for any Public or County Taxes, or for Officers Fees, if other sufficient Distress can be had; upon Penalty of being liable to the Action of the Party Grieved, grounded upon this Act; wherein the Plaintiff shall recover full Costs, altho' the Damages given, do not exceed Twenty Five Shillings Proclamation Money.
XX. And be it further Enacted, by the Authority aforesaid, That if any Person committed, rendered, or charged in Execution, or upon Mesne Process, to any Prison, shall thence escape, it shall and may be lawful to and for any Justice of the Peace of the County where such Prisoner was in Custody, upon Oath of such Escape, before him made by the Sheriff, Under-Sheriff, Gaoler, or other Credible Person, to grant to any one demanding the same, one or more Warrant or Warrants, under his Hand and Seal, directed to all Sheriffs, Bailiffs, and Constables, within this Province, reciting the Cause of such Prisoner's Commitment, and Time of his or her escape; and commanding them, and every of them, in their respective Counties and Precincts, to seize and retake such Prisoner so escaped, or going at large; and being so taken, forthwith to convey and commit to the Prison, where Debtors are usually kept, in the County where such retaking shall be, there to be kept, in safe custody, until he or she be thence discharged by due Course of Law; which warrant the Sheriff is hereby required to obey, and to receive the Prisoner into his safe Custody, and to give a Note to the Person or Persons delivering him, her, or them, certifying his Receipt of such Prisoner; and shall also make return of the Execution of such Warrant, to the Court of the County from whence such Prisoner escaped: And if he or she was there in Custody, charged in Execution then the said Sheriff shall safely keep him or her, without Bail or Mainprize, until he or she shall make full Payment and Satisfaction to the Plaintiff or Plaintiffs, Creditor or Creditors, in whose Name such Execution was issued out, or until the Judgment or Judgments obtained against him or her, shall be reversed or discharged by Due Course of Law: And if any such Prisoner shall have been in Custody upon Mesne Process, in any Action of Debt, or upon the Case, the Sheriff to whom he or she shall be so committed, shall in like Manner keep such Prisoner in his safe Custody, and make Return of the Execution of the Warrant by which he or she was retaken to the Court of that County wherein he or she was first arrested; and thereupon it shall be lawful for the said Court, upon the Plaintiff's filing his Declaration, and entering the Defendant's Appearance, to proceed to give Judgment thereon, in the same Manner as if the Defendant had appeared in the said Court, and refused to plead; unless such Defendant shall cause special Bail to be entered in the said Court, and shall, immediately plead to issue; and thereupon a Certificate, under the Hand of the Clerk of the said Court, that such Bail is given, delivered to the Sheriff in whose Custody such Defendant shall then be, it shall be lawful for him to set at large such Prisoner, and not otherwise: But where any Prisoner escaped and retaken upon such Warrant as aforesaid, shall thereafter be charged with Treason, Felony or other Capital Crime, in Behalf his Majesty, or his Successors, for which he or she
XXI. And be it further Enacted, by the Authority aforesaid, That if any Sheriff, or other Officer hath made, or shall make any Return upon any Writ of Fieri Facias, or Venditioni Exponas, that he hath levied the Debt, Damages, and Costs, or Fees, as in such Writ required, or any part thereof, and hath not, or shall not pay the same, into the proper Office, or to the Party to whom the same is payable, or his Attorney, at the return of such Writ; or hath or shall return upon any Writ of Capias ad satisfaciendum, or Attachment, for not performing a Decree in Chancery, for the Payment of any Sum of Money, or other Matter, That he hath taken the Body or Bodies of any Defendant or Defendants, and hath the same ready to satisfy the Money, or other Matter in such Writ mentioned; and shall have actually received the Money, or other Matter from the Defendant or Defendants, or any Part thereof; or suffered him, her or them, to escape, with the Consent of such Sheriff, or Officer, and hath not, or shall not pay the same into the Proper Office, or to the Party to whom the same is payable, or his Attorney: that then and in either of the said Cases, it shall and may be lawful for the Creditor, at whose suit such Writ of Fieri Facias, Venditioni Exponas, Capias, Satisfaciendum, or Attachment, hath, or shall issue, upon a Motion made in the Court from whence such Writ is issued, or in the Supreme Court of the District wherein such Sheriff shall reside, to demand Judgment against such Sheriff or other Officer, for the Money, or other Matter mentioned in such Writ; and such Court is hereby authorized and required, to give Judgment accordingly for the same, with costs, and to award Execution, against the Goods, Chattels, Land and Tenements of such Sheriff; provided such Sheriff have ten Days Previous Notice of such Motion: And where it shall so happen, that the Time of any Persons Sheriffalty shall be expired, or he shall be removed from his Office, before such Motion made by the Creditor or Creditors, the same Remedy, Proceedings, and Relief, shall and may be had against him, as if such Person was actually in Office any thing herein contained to the Contrary notwithstanding.
XXII. And be it further Enacted, by the Authority aforesaid, That where any Sheriff shall have taken the Bond of any Debtor in Execution, and shall wilfully or negligently suffer such Debtor to escape, and such Sheriff, or the Person sueing out such Execution, shall die, before a Recovery can be had against such Sheriff for such Escape, the person sueing out such Execution, his Executors or Administrators, shall and may have and maintain an Action of Debt against such Sheriff, his Executors or Administrators, for the Recovery of all such Sums of Money as are mentioned in the said Execution, and Damages for detaining the same; any Law, Usage, or Custom, to the Contrary, notwithstanding.
XXIII. And for removing all Controversies, touching the Manner of turning over Prisoners, upon a Sheriff's Quitting his Office: Be it further Enacted by the Authority aforesaid, That the Delivery of Prisoners by Indenture, between the old Sheriff and the new, according to the Practice in England: or the entering upon Record in Court, the Names of the several Prisoners, and Causes of their Commitment, delivered over to the new Sheriff; shall be sufficient to discharge the late Sheriff from all Suits and Actions, for any escape that shall afterwards happen.
XXIV. And for preventing the evil and pernicious Practice of such as are instructed with laying out of the Public Money, in applying it to their own Use, in Defraud of the Government Be it Enacted, by the Authority aforesaid, That if any Person, or Persons, who heretofore have been, now are, or hereafter shall be, appointed a Treasurer or Treasurers of this Province by Virtue of any Act or Acts of Assembly, and have failed or neglected, or shall fail or neglect, to account for and pay the several Taxes, Duties and Imposts, which they respectively have been, now are or hereafter shall be, impowered and authorized to receive, according to the Direction of the Laws that have imposed, or shall hereafter impose, such Taxes and Duties; that it shall and may be lawful for any Supreme Court of the District of such Treasurer, on Motion of the Attorney General, or any other Attorney by order and direction of the General Assembly, to grant Judgment against such Treasurer, in the Name of the Governor, or Commander in Chief for all such Public Taxes, Imposts, and Duties, which he shall have in his hands, unaccounted for as aforesaid; together with Interest thereupon, after the rate of Six per cent. per annum, from the Time of receiving the same, till paid, and double Costs; and to award Execution thereupon, against the Body, Goods and Chattels, Lands, Tenements, of such Treasurer; provided such Treasurer have Ten Days previous Notice of such Motion: And moreover, such Treasurer shall lose all such Commissions upon such Taxes and Duties, as he would otherwise have been entitled to.
XXV. And be it further Enacted, That the Money that shall be so recovered of any such Treasurer or Treasurers, shall, when received, be applied to the several and respective Uses, Intents and Purposes, to which the same are, or shall be by law appropriated; or to such other Uses and purposes, as the General Assembly shall direct and appoint.
XXVI. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons who heretofore have been, now are or hereafter shall be, appointed and impowered to lay out any Sum or Sums of Money, in behalf, or on Account of this Province whether the same was, is, or shall be for his Majesty's Service defraying the Contingent Charges of this Government, or other Purpose, by Act of Assembly particularly directed, and shall have received the same and shall have refused, failed, or neglected, or shall refuse, fail or neglect, to lay out and apply such Sum or Sums, and account for the same, according to the Directions of the Law or Laws that have appropriated, or shall appropriate the same; it shall and may be lawful for the Attorney General, or any other Attorney, by order and Directions of the General Assembly, upon a Motion made, in the Name of the Governor or Commander in Chief, in any Supreme Court in this Province, to demand Judgment against any such Person or Persons for all such Sum or Sums of Money as he or they have received or shall receive, for the purposes aforesaid, or any of them, that such Person or Persons have not applied, laid out, and accounted for, or shall not apply, lay out, and account for, according as the several Acts of Assembly intrusting, or that shall intrust, any such Person or Persons with the Application thereof, shall require; and such Court is hereby authorized, impowered and required, to give such Judgment accordingly; to be paid, with interest thereupon, after the rate of Six per-Cent per Annum, from the Time such Person or Persons shall have received, or shall receive the same, till paid, and treble Costs; and to award execution thereupon against the Body, Goods and Chattels, Lands and Tenements, of such Person or Persons; provided such Person or Persons have Ten Days previous Notice of such Motion, And any such Person or Persons shall be sued on his or their Bond, given for the performance of such Trust as aforesaid,
XXVII. And be it further Enacted, That in both the aforesaid cases, the Money, when recovered and received, shall be applied and laid out, to and for the several respective Uses and Intents to which the same is, or shall be by Law directed to be applied or as the General Assembly shall order and appoint.
XXVIII. And be it further Enacted, That all County Court Clerks in this Province shall, annually, on or before the Tenth Day of June, account, on Oath with the Governor, or Commander in Chief for the Time being, or his Agent, for all Fees which they respectively have, or ought to have received for him, by Virtue of the Office of such Clerks: And in Case of Neglect or Refusal, the Governor or Commander in Chief, shall and may, by Motion in the Supreme or County Court, have the like Remedy, Proceedings and Relief against such Clerks so neglecting or refusing, for recovery of all such Monies, as is or may be, by Virtue of this Act, had against any Sheriff for Public Taxes by him neglected or refused to be paid to the Treasurer of his District.
XXIX. And be it further Enacted, by the Authority aforesaid, That so much of an Act of Assembly, intituled, An Act, for appointing Sheriffs in the Room of Marshals in this Province, for the prescribing the Method of appointing them, and for limiting the time of their continuance in Office, and for directing their Duty therein; and for abolishing the Office of Provost Marshal of this Province; and for altering the Names of the Precincts into Counties; and all and every other Act and Acts and every Clause and Article thereof heretofore made, as far as relates to any Matter or thing within the Purview of this Act, is hereby from henceforth repealed and made void.
[Full text of this chapter is available at vol. 25, p. 313-319.]
[Full text of this chapter is available at vol. 25, p. 319-325.]
I. Whereas for want of Proper Offices, and due attendance of the Officers of Patents, Deeds, and Mesne Conveyances, by which several Tracts of Land in this Province are granted and conveyed to the present Possessors, and those under whom they hold, have not been registered or recorded within the time by Law limited and appointed for those purposes; and many
II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all and every Person and Persons, and those claiming under him or them who have been in quiet and peaceable Possession of any Tract or Tracts of Land, for the Space of Twenty Years before the passing of this Act, and hath or have heretofore made, or shall hereafter make proof before the Governor and Council, or either of the Supreme Courts, or the County Court where the Land lies, of such Possession; such Person or Persons shall be held and deemed, and is and are hereby declared to be the rightful and lawful Owner or Owners of such Tract or Tracts of Land, and shall be subject to the Payment of such Quit Rents as have been heretofore paid for the same Lands; and where no Quit-rents have been paid, shall be liable to pay the Arrears and accruing Quit-rents, at the Rate of Four Shillings, Proclamation Money, per Annum, for every Hundred Acres of the said Land; and such Person or Persons, his, her or their Heirs and Assigns shall, forever quietly and peaceably, hold and enjoy the same, against the Claim and Claims of every Person or Persons whatsoever saving and reserving to Infants, and Feme-Coverts, their Title or Claim, who shall be allowed to prosecute the same at any Time within Three Years after their arrival at full Age, or Discoverture; anything herein contained to the contrary notwithstanding.
III. And be it further Enacted, by the Authority aforesaid, That all Deeds and Conveyances whatsoever, for any Lands within this Province whether made by the Grantors, or their Agents or Attornies, either in their Own Names, or in the Names of their principles; and all Assignments endorsed on Patents which have heretofore or shall, within One Year after the passing of this Act, be acknowledged or proved in the County Court, and recorded or registered in the County where the Lands lie, shall be adjudged and deemed, and are hereby declared to be good and available in Law, and shall enure and take Effect, as fully and absolutely, to the Benefit and advantage, of all Persons who shall, for Three Years, have been in quiet and peaceable Possession, or who shall have paid Quit Rents for any lands claimed thereby, and to their Heirs and Assigns, as if the same Deeds had been at any Time heretofore recorded or registered; And all Deeds and Conveyances for Lands, bona fide made and executed heretofore, although not indented or sealed, or without any valuable consideration therein expressed; and all assignments endorsed on Patents, shall be adjudged, deemed, and taken, and are hereby declared to be, good and valid in Law, and shall enure and take Effect, as fully and absolutely, to the Benefit and Advantage of all and every Person or Persons who shall have paid Quit Rents for any Lands claimed thereby, to his and their own Proper Use and Behoof, and to his Heirs and Assigns, as if the same shall have been in quiet and peaceable Possession, for Three Years, or who shall have paid Quit Rents for any Lands claimed thereby, to his and their own Proper Use and Behoof, and to his Heirs and Assigns, as if the same Deeds had been actually indented and sealed, and as if a Valuable consideration had been therein particularly expressed; and as if such assignments had been made, and the Lands therein mentioned, conveyed in due Form of Law and all Deeds and Conveyances for Lands, heretofore bona fide made and executed as aforesaid, and which shall, within One Year after the
IV. And be it further Enacted by the Authority aforesaid, That all Copies of Records of Patents and Wills, attested by the Secretary of this Province, or his Deputy; and all Copies of Records of Deeds and Mesne Conveyances for Lands, attested by the Clerk of the County Court, or Register of the County where the Lands lie, where the original Deed is lost; shall be deemed and held, and are hereby declared to be legal Evidence in all Courts of Law and Equity, in any Suit or Controversy, where the Title of Lands shall come in Dispute; and all Courts and Judges are hereby required to receive such Copies so attested accordingly.
V. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons, shall at any time shoot, hunt, or range on the lands or Tenements, or fish or Fowl in any Creek or waters, included within the Bounds of any other Person or Persons, without Licence first obtained of the Owner of such Lands; every such offender shall forfeit and pay Twenty Shillings for every such Offence; to be recovered with Costs, before any Justice of the Peace of the County where the Offence shall be committed, by the Informer, to his own Use; in which Information, the Confession of the Party, or the Oath of One credible Witness, shall be sufficient Evidence: And where the Owner of such Land shall prosecute for such unlawful Hunting, Shooting, Ranging, Fishing or Fowling, within his Bounds, his own Oath shall be sufficient Evidence; but in that Case the Penalty shall be paid to the Church Wardens, for the use of the Parish wherein the Offence shall be committed; and moreover, every such Offender shall be liable to the Action of the Party grieved, at Common Law, for his or her Damages.
I. Whereas divers idle and disorderly Persons, having no visible Estates or Employments, and who are able to work, frequently stroll from one County to another, neglecting to labor; and either failing altogether to list themselves as Taxables, or by their idle and disorderly Life, rendering themselves incapable of paying their Levies, when listed: For Remedy whereof,
II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That it shall not be lawful for any Inhabitants of this Government, to entertain, hire, or employ, in his or her House, above the space of Forty Eight Hours, any such Person or Persons whatsoever, being taxable, and removing from the Parish where he or she formerly resided, unless such Person shall first produce a Certificate, under the Hand of the Sheriff, or some Magistrate of the County from whence he or she came, that such Person paid Levy there for the preceding Year, or that he or she came into this Government since, or was a Servant at the Time of taking the last List of Taxables; and if any one shall entertain, hire, or employ, any such Person or Persons whatsoever, being taxable, not having such Certificate as aforesaid, he or she so offending, shall forfeit and pay Twenty Shillings, Proclamation Money, for every such offence, to the Informer; recoverable before any Justice of the Peace of the County where the offence shall be committed: And if any Taxable Person, not having such Certificate, shall offer himself, or seek to be employed, he shall be liable to the like Penalty of Twenty Shillings, Proclamation Money, to be recovered and applied as aforesaid.
III. And be it further Enacted, by the Authority aforesaid, That all able bodied Persons, not having wherewithal to maintain themselves, who shall be found loitering and neglecting to labour for reasonable Wages; all Persons who run from their Habitations, and have Wives and Children, without suitable Means for their Subsistence, whereby they are like to become burthensome to the Parish wherein they inhabit; and all other idle, vagrant, or dissolute Persons, wandering abroad, without betaking themselves to some lawful Employments, or honest Labour, or going about begging, shall be deemed Rogues and Vagabonds.
IV. And be it further Enacted, by the Authority aforesaid, That if any such Vagabonds shall be found in any County or Place, wandering, begging or misordering him or herself, it shall be lawful for any Justice of the Peace of that County, and he is hereby impowered and required, by warrant under his Hand, to cause such Vagabonds to be brought before him, and to examine and inform himself, as well by the Oath and Examination of the Person apprehended, as of any other Person or Persons which Oath or Oaths the Justice is hereby impowered to administer, and by any other Ways or Means he shall think proper, of the Condition and circumstances of the Person or Persons so apprehended; and if it shall appear that he or she is under the description of Vagabonds within this Act, the said Justice shall, by his Warrant, order and direct him or her to be conveyed and whipt, in the same Manner as Runaways are, from Constable to Constable, to the County wherein his Wife or Children do inhabit, or where he or she did last reside (as the Case shall be) and there delivered to a Justice of the Peace, who is hereby required to cause every such Vagabond to give sufficient Security for his or her good Behavior, and for betaking him or herself to some lawful Calling, or honest Labour; and if he or she fail so to do, then to commit him
V. And for determining all Disputes concerning what shall be accounted a legal Settlement, whereby any Person may be intitled to be provided for at the Parish Charge: It is hereby Enacted and Declared, That no Person shall be accounted an Inhabitant, so as to have gained a legal Settlement in any Parish, until such Person shall have been actually resident in such Parish one whole Year.
VI. And be it further Enacted, by the Authority aforesaid, That upon complaint made by the Church Wardens of any Parish, before a Justice of Peace, any poor Person or Persons is or are come into their Parish, and likely to become chargeable thereto, it shall be lawful for such Justice, by Warrant under his Hand, to cause such poor Persons to be removed to the Parish where he or she was legally last settled; but if such poor Persons be sick or disabled, and cannot be removed without Danger of Life, the Church Wardens shall provide for his or her maintenance and Cure, at the Charge of the Parish and after recovery, shall cause him or her to be so removed; and the Parish wherein he or she was last legally settled shall repay all Charges occasioned by the Sickness, Maintenance and cure of such poor Person and also all Charges and expences, if such Person shall die before removal. And if the Church Warden or Church Wardens of the Parish to which such poor Person belongs, shall refuse to receive and provide for the Person or Persons removed by Warrant as aforesaid, every Church Warden so refusing shall forfeit and pay Twenty Pounds, Proclamation Money; one Half to our Sovereign Lord the King, for the Use of the Parish from whence the Removal was, and the other Moiety to the Informer; to be recovered, by Action of Debt, or Information, in the County Court where the Information was made with costs of Suit: And if the Vestry of the Parish where such poor Person was last legally settled, shall refuse to pay and satisfy all the Charges and expenses aforesaid, in such Case, the Vestry of the Parish refusing shall be liable for the same, to the Church Wardens aggrieved; to be recovered with Costs, in the County Court, as aforesaid: And if any Housekeeper shall entertain such poor Person and shall not give notice thereof to the Church Wardens of the Parish or One them, within One Month, he or she so offending, shall forfeit and pay the Sum of Five Pounds, Proclamation Money; to be recovered with Costs, by the Church Wardens, for the
VII. And whereas it frequently happens that Masters of Vessels bring with them into this Province Persons who have not wherewith to support themselves and are incapable of getting a Livelihood, by Means of which the Expense of the Parish in which they are left is greatly increased. For Remedy whereof, Be it Enacted, by the Authority aforesaid, That from and after the First Day of January, next after the passing of this Act when any Master of a Vessel from any other Port shall bring into this Province any Person or Persons who may probably be an expense to any Parish within the same, it shall and may be lawful, on Complaint of any Freeholder to any Three Justices of the County where such Master of a Vessel shall at that time reside, for the said Justices, by their Warrant to convene such Master of a Vessel before them and to take the Deposition of Witnesses concerning the Matter of the Complaint; and if on hearing the same, it shall appear to them, or any Two of them, that the Person or Persons brought into this Province has or have not brought with him or them sufficient Effects for his or their Support and Maintenance, and that he, she or they, is or are incapable of getting a Livelihood, by his, her or their Industry, such master of a Vessel shall, by the Judgment of the said Justices, be obliged to give Bond, with Two sufficient Securities, to the Governor, or Commander in Chief for the Time being, in the Sum of Forty Pounds, Proclamation Money, with Condition that he will transport such Person or Persons out of this Province within Six Months from the Date of such Bond or at all Times thereafter indemnify every Parish within this Province from any Expence which they may be at, by Means of such Person or Persons being a Parish Charge; and if such Master of a Vessel shall refuse to comply with such Orders, it shall and may be lawful for the said Two Justices, by Warrant under their Hands and Seals to commit him to the Public Jail, there to remain until he shall comply with the same: And as often as any Person or Persons so imported shall become chargeable to any Parish it shall and may be lawful for the Church Wardens of such Parish to bring Suit, and recover, on the said Bond, in the name of the Governor but to the Use of the Parish, so much as the Parish have been damnified thereby, with Costs of Suit, until the whole Penalty of the Bond shall be recovered.
VIII. And be it further Enacted, by the Authority aforesaid, That this Act shall continue and be in Force for the Space of Five Years, and from thence to the End of the next Session of Assembly, and no longer.
[Full text of this chapter is available at vol. 25, p. 326.]
[Full text of this chapter is available at vol. 25, p. 326-327.]
[Full text of this chapter is available at vol. 25, p. 328.]
I. Whereas by the Act for facilitating the Navigation of Port Bath, Port Roanoke, and Port Beaufort, the Pilots appointed in Consequence thereof, are not compellable to go over the Bar of Ocacock, to pilot any Vessel into Beacon Island Road, or any other Place of Safety:
II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the First Day of January next, after the passing this Act, when any Ship or Vessel shall be off the Bar of Ocacock, and bound over the same, and a Signal for a Pilot to come on Board such Ship or Vessel shall be made, some one of the Pilots then in Beacon Island Road, or at Ocacock, if the weather will permit, shall immediately proceed over the Bar aforesaid, to pilot such ship or Vessel into Port; and the Pilot who shall first get up with the said Ship or Vessel, shall carry her into Port, and receive the full Pilotage for the same: And every Pilot appointed according to Act of Assembly, who shall be at Beacon Island Road, or at Ocacock, and shall neglect to go over the Bar when such Signal shall be made, shall Forfeit and Pay the Sum of Ten Pounds, Proclamation Money; to be recovered by any Master of a Vessel who shall be in the least detained for the Want of such Pilot, after making such Signal; to be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record.
III. And be it further Enacted, by the Authority aforesaid, That when any Vessel whatsoever shall be bound over the Bar of Ocacock aforesaid, whether such Vessel shall make a Signal for a Pilot or not, any Pilot who shall go over the Bar aforesaid, to pilot such Vessel into Port, and offer his service for that Purpose, shall be intitled, although the Master of such Vessel shall refuse to employ him, to half the Fees which he would have been intitled to if he had taken Charge of and piloted such Vessel over the Bar aforesaid; and the Master shall be obliged to pay the same accordingly.
[Full text of this chapter is available at vol. 25, p. 329.]
(Printed in Private Acts, post.)
[Full text of this chapter is available at vol. 25, p. 329-330.]
I. Whereas the Unitas Fratrum, or the people called the United Brethren, inhabiting that part of the County of Rowan called and known by the Name of Wachovia, have represented to this Assembly, that their being erected into a separate Parish, will enable them to discharge their several Parochial Duties with greater Ease and convenience than they can at present.
II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the Tract of Land in the County of Rowan, called and known by the Name of Wachovia, and the several Surveys of Land to the said United Brethren belonging, contiguous, and adjoining to the said Tract of Land called Wachovia, according to the known Boundaries and Limits thereof, shall be, and is hereby erected into a Parish, distinct and separate from the Parish of St. Luke, in the said County, and shall be called and known by the Name of the Parish of Dobbs: and shall and may, from Time to Time, hold, use, and exercise, the like Authorities and Powers, and possess and enjoy the same Immunities and Privileges, as other Parishes in this Province shall, may, or can, do: and all and every other Person or Persons who are, or shall be Inhabitants of the said Parish of Dobbs, shall be, and are from henceforth, released and discharged of and from all Parochial Duties to the said Parish of St. Luke.
III. And be it Enacted, by the Authority aforesaid, That the Freeholders of the said Parish of Dobbs shall, and they are hereby impowered and required, to meet at the Court House of the said County of Rowan, on the First Tuesday in June next, then and there to elect and choose Twelve Freeholders of the said Parish, to serve as Vestrymen of the same,: which Election shall be made by the Sheriff of the said County of Rowan, under the like Rules and Restrictions, and under the like Pains and Penalties, as other Election of Vestries in this Province are by Law appointed to be made: and the Twelve Freeholders so elected, within forty Days after being so, shall, instead of the Oaths appointed for the Qualification of public Officers, make a Declaration of the same, according to the Form of the Act of Parliament, intituled, an Act for encouraging the People known by the Name of Unitas Fratrum, or United Brethren, to settle in his Majesty's Colonies in America, and subscribe the Declaration by Law appointed to be subscribed by Vestrymen: and from thence forth shall be and are hereby declared to be, the Vestry of the said Parish of Dobbs: and shall and may, and are hereby required, to exercise and use the same Powers and Authorities as any other Vestries in this Province can, may, or ought to exercise, use, or enjoy, and shall be liable to the same Penalties and Forfeitures as other Vestries, or Persons called Vestrymen, are in any Manner liable and subject to: and the said Vestry, when qualified as aforesaid, shall choose Two Church Wardens for the said Parish the ensueing Year, who shall and may continue in Office One Year, and no longer, at which Time the said Vestry shall choose other Church Wardens.
(Printed in Private Acts, post.)