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Acts of the North Carolina General Assembly, 1756
North Carolina. General Assembly
September 30, 1756 - October 26, 1756
Volume 23, Pages 440-474

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LAWS OF NORTH CAROLINA, 1756.

At a General Assembly, began 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 Thirtieth Day of September, in the Year of our Lord One Thousand Seven Hundred and Fifty Six: Being the Third session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.
An Act for granting to his Majesty an Aid of Three Thousand Four Hundred Pounds to defray the Expense of erecting a Fort, raising and paying Two Companies, for the Defense of the Western Frontier of this Province.

(Omitted.)

[Full text of this chapter is available at vol. 25, p. 331-333.]

CHAPTER II.
An Act for the better Regulation of the Militia, and other Purposes. Exp.

[Full text of this chapter is available at vol. 25, p. 334-337.]

CHAPTER III.
An Act to amend an Act for establishing the Supreme Courts of Justice, Oyer and Terminer, and General Gaol Delivery, of North Carolina.

(Omitted.)

[Full text of this chapter is available at vol. 25, p. 337-338.]

CHAPTER IV.
An Act for ascertaining the Method of proving Book Debts.

I. Whereas Doubts have arisen upon construction of the Law now in Force, prescribing the Manner of proving Book Debts: For Prevention whereof for the future,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same That in any Action of Debt, or upon the Case, which hath been or shall be brought, where the Plaintiff hath declared, or shall declare upon an Emissit, Indebitatas Assumpsit, Quantum Valebant, or Quantum Meruit, for Goods, Wares, and Merchandises, by him sold and delivered, or for work done and performed, shall file his account with his Declaration; and upon the Trial of the Issue, or executing a Writ of Enquiry of Damages in such Action, shall declare upon his Corporal Oath, or solemn Affirmation (as the case may be) that the matter in Dispute is a Book Account, and that he hath no means to prove the Delivery of such Articles as he shall then propose to prove by his own Oath, or any of them, but by his Book and in that case, such Book shall and may be given in Evidence, if he shall make out, by his own Oath or Affirmation, that such Book doth contain a true Account of all the Dealings, or the last Settlement of Accounts between them, and that all the Articles therein contained, and by him so proved, were bona fide delivered, and that he hath given the Defendant all just

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Credits; and such Book, and Oath or Affirmation, shall be admitted and received as good evidence in any Court of Law, for the several Articles so proved to be delivered within Two Years before the said Action brought, but not for any Article of a longer standing; And where the Person who delivered such Goods, Wares, or Merchandises, or performed such Work and Labour, shall die, his Executors or Administrators may give his Book in Evidence, upon his or their making Oath, or Affirmation, that they verily believe the Account as there charged is Just and true, and that there are no Witnesses to his or their Knowledge, capable of proving the Delivery of the several Articles as he shall propose to prove by the said Book, and Oath or Affirmation, and that he found the Book so stated, and doth not know of any other or further Credit to be given than what is there mentioned; and such Book, and Oath or Affirmation, shall be admitted and received as Evidence for any Articles delivered within the time aforesaid.

III. But whereas it may be inconvenient and hazardous, by reason of bad Weather or Accidents, to carry Books of Accounts, great Distances to Court, when a Copy of the Account, proved in the same Manner as by this Law, the Book is to be proved, may satisfy the Defendant as fully; Be it therefore Enacted, by the Authority aforesaid, That a Copy from the Book of Accounts proved in Manner hereinbefore directed, shall and may be given in Evidence in any such Action as aforesaid, and shall be as available as if such Book had been produced, unless the Defendant, or his Attorney, shall give notice to the Plaintiff, or his Attorney, at the joining of the Issue, that he will require the Book to be produced at Trial; and in that Case, no such Copy shall be admitted, or received as Evidence.

IV. Provided nevertheless, That the Defendant shall be at Liberty to contest the Plaintiff's Evidence, and oppose the same by other legal Evidence; and where the Defendant shall be an Executor or Administrator, his Testator or Intestate's Book, shall and may be given in Evidence against the Plaintiff's Book, where the Plaintiff is an Executor or Administrator, for such Articles as shall be proved in Manner aforesaid.

V. Provided also, That no Book of Accounts, although the same may be proved by Witness or Witnesses, shall be admitted or received as Evidence in any Action for Goods, Wares, or Merchandises delivered, or for Work done, above Five Years before the said Action brought; except in case of Persons being out of the Government, or where the Account shall be settled and signed by the Parties.

VI. Provided nevertheless, That no Plaintiff shall be at Liberty to prove by his Book, and Oath or Affirmation as aforesaid, on the Trial of any such Action as aforementioned, any Article or Articles, the amount whereof shall exceed the Sum of Thirty Pounds, Proclamation Money.

VII. And for preventing a Multiplicity of Law suits, Be it further Enacted, by the Authority aforesaid, That in all cases where there are, or shall be mutual Debts subsisting between the Plaintiff and Defendant, or if either party sue, or be sued, as Executor or Administrator, where there are mutual Debts subsisting between the Testator or Intestate, and either Party, one Debt may be set against the other, either by being pleaded in Bar, or given in Evidence, on the General Issue on Notice given of the Particular Sum intended to be set off, and on what Account the same is due notwithstanding such Debts shall or may be deemed in Law to be of a different ature; but if either Debt arose by Reason of a Penalty, the Sum intended to be set off shall be pleaded in Bar, setting forth what is justly due on either side; any Law, Usage, or Custom, to the contrary, in any wise notwithstanding.

VIII. And be it further Enacted by the Authority aforesaid, That one Act

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of Assembly made in the Thirteenth Year of his present Majesty's Reign, intituled an Act prescribing the Method of proving Book Debts, shall be and is hereby repealed.

CHAPTER V.
An Act for the punishment of Mutiny and Desertion, and preventing the harboring and entertaining of deserted Soldiers. Exp.

[Full text of this chapter is available at vol. 25, p. 338-341.]

CHAPTER VI.
An Act for the relief of such persons as have suffered or may suffer, by not having had their Deeds and mesne Conveyances proved and registered within the Time heretofore appointed for such Purposes, and to prevent Suits and Law Suits concerning Lands.

I. Whereas from the Difficulty of convening Witnesses to Deeds and mesne Conveyances before the Chief Justice, or before the Court of any County wherein the Lands by the same granted lie, many of them have not been proved or registered within the Time heretofore appointed by Law for that Purpose, which may occasion litigious Law Suits, and the Estates of fair and honest Purchasers thereby be drawn in question: For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly and by the Authority of the same, That all Deeds and mesne Conveyances of Lands, Tenements, and Hereditaments, not already registered, or acknowledged or proved, shall and may in Eighteen Months after the passing of this Act, be acknowledged by the Grantors, their Agents or Attornies, or proved by one or more of the subscribing Witnesses to the same, and tendered and delivered to the Registers of the Counties wherein such Lands, Tenements and Hereditaments, respectively lie, and all deeds and mesne Conveyances of Lands, Tenements, and Hereditaments, hereafter to be made, shall and may at any Time within Two Years from the respective Dates thereof, be acknowledged or proved in Manner aforesaid, and delivered to the Registers of the Counties wherein they are respectively situated.

III. And be it further Enacted, by the Authority aforesaid, That all Deeds and mesne Conveyances whatsoever, which shall be acknowledged or proved, according to the directions of this Act, and also all such as have been heretofore recorded by the Clerk, or Registered by the Register of any Precinct or County wherein the Lands or Tenements mentioned in the same lie, though not within one Year after the Date of the respective Conveyances, shall be good and valid in Law, and shall enure and take effect, as fully and effectually, to the Use and Behoof of the Grantees, their Heirs and Assigns, and those claiming under them, as if such Deeds and Conveyances were acknowledged, or proved and registered, agreeable to the direction of any Act of Assembly heretofore made; and the Registry, or Copy of the Record of any Deed or Conveyance, registered or recorded as mentioned in this Act and attested by the Register or Clerk, shall and may, where the Original Deed or Conveyance is lost, be given in Evidence in any Court of Record, and shall be held, and is hereby declared to be full and sufficient Evidence of such Deed or Conveyance; any Law, Statute, or Usage, to the contrary notwithstanding.

IV. Be it further Enacted by the Authority aforesaid, That the Grantee or Grantees, in any Deed heretofore made, or hereafter to be made, shall

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and may at his own Expense, on Motion to the County Court wherein the Land by the same granted lies, obtain a Summon for any one or more of the Subscribing Witnesses to such Deed, which shall be signed by the Clerk, and directed to the Sheriff, Commanding him to summon such Witness to appear at the next County Court, and give his Evidence concerning the Execution of such Deed, under the Penalty of Twenty Pounds: And the Sheriff shall, and is hereby required to execute the same, at least Five Days before the Court to which the same is returnable, and make due return thereof; for which Summons, Service and Return, the Clerk and Sheriff shall be paid the same Fees as are allowed on issueing, serving, and returning, Subpoenas in Actions; and if any Witness to a Deed, so summoned, shall fail to appear on the Return of such Summons, the Court shall give Judgment against him for the Penalty aforesaid, for which Execution may be taken out, either against his Body or Goods, by him or them at whose Instance he shall be summoned, unless he show sufficient Cause to the next succeeding Court for not having appeared to give his Evidence.

V. And be it Enacted, by the Authority aforesaid, That every Register who shall neglect or delay to register any Deed or Conveyance within Two Months after the same shall be delivered to him such Register, for each and every Two Months he shall so neglect or delay, shall forfeit and pay the Sum of Twenty Pounds, Proclamation Money; one Half to the Church Wardens, for the Use of the Parish wherein he shall reside, and the other half to him or them who will sue for the same; to be recovered by Action of Debt with Cost.

VI. And whereas the Validity of several Patents, granted by the Deputies of the late Lords Proprietors, has been questioned, on Supposition that their Power had been determined before the Arrival of a Governor in this Province, appointed by his Majesty; Wherefore to secure the Possession of such as complied with the Forms of Government, then used, in taking out Patents, Be it Enacted by the Authority aforesaid, That all Patents made and issued by the Deputies of the late Lords Proprietors, at any Time whilst they had the Administration of the Government of this Province, until the Revocation or Determination of their Power to grant Lands, was publicly signified and made known by some Public Act of Government, shall, 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 in Possession of any Lands granted thereby, and to their Heirs and Assigns as if their Power to make and issue such Patents had, at the Time of issueing and making the same, been in no wise revoked or determined, except such as have been by the Patentees at any Time resigned and surrendered; which Patents so resigned or surrendered, shall receive no validity hereby and shall be of no more Force or Efficacy, than they would have been before the passing this Act; any Thing herein, to the contrary, notwithstanding.

CHAPTER VII.
An Act to amend an Act, intituled An Act to restrain the Exportation of bad and unmerchantable Tobacco, and for preventing Frauds in his Majesty's Customs.

I. Whereas by the Directions of the before recited Act, several Public Warehouses have been built on shallow Streams, to which large Vessels cannot be navigated; and it is found frequently necessary that Tobaccos,

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received and inspected in those warehouses, should after Inspection, be lodged in such others as are more convenient to Navigation.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all Tobaccos hereafter to be Inspected in any Public Warehouse, shall and may, for the greater Convenience of Shipping, be lodged in any other Public Warehouse; and the Inspectors are hereby required to receive the same, for which they shall give receipts, mentioning the Warehouse in which they were inspected, and shall be obliged to deliver them, to such Person or Persons as shall hereafter produce such Receipts on Payment of Eight Pence for every Cask of Tobacco which shall be so received and delivered.

III. And whereas the Justices of the Court of Chowan, have already laid a Tax on the Inhabitants of that County for building a Public Warehouse and Wharf at Edenton; but the Commissioners appointed by the said Order to contract with Workmen for the Purposes aforesaid, have failed to comply with the same; Be it therefore Enacted by the Authority aforesaid, That the Tax so laid, shall be collected by the Sheriff, who is hereby required to pay the same to Thomas Barker, Joseph Blount, Joseph Herron, Edward Vail, and Charles Blount, Gentlemen, who, or a Majority of them, are impowered and required, to contract with Workmen for building one or more Public Warehouses at Edenton aforesaid, for the Receipt of Tobaccos, and a Public Wharf for the Conveniency of landing the same; the Expence of which shall be paid out of the Monies arising by Virtue of the said Tax.

IV. And whereas the Quantities of Tobacco which will be lodged in the Warehouse at Edenton, will probably be much greater, and it will consequently be requisite that the Warehouse be much larger, or that more Warehouses should be built, than at the Time of laying the Tax by the Justices of Chowan County was apprehended: Be it Enacted by the Authority aforesaid, That an Additional Tax of One Shilling per Taxable, be laid on each Taxable Person within the county of Chowan, for the year next ensuing: to be collected by the Sheriff, and paid into the Hands of the said Thomas Barker, Joseph Blount, Joseph Herron, Edward Vail, and Charles Blount, or to such Person or Persons as they, or a Majority of them, shall order; to be applied to the building of the said Warehouse or Warehouses, and Wharf; an Account of which shall be given on Oath to the Justices of Chowan County; and if, after paying the Expence of building the Warehouse or Warehouses, and Wharf as aforesaid, there shall be any Money remaining, the same shall be applied to defraying the Contingent Charges of the County of Chowan.

V. And be it further Enacted, by the Authority aforesaid, That if any Public Warehouse shall happen to be burnt, the Loss sustained thereby shall be made good to the sufferers by the several Counties in which the said Tobacco shall be received, and from which they shall be sent to any of the said Public Warehouses; any Law, Usage, or Custom to the contrary notwithstanding.

VI. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall, wilfully and on Purpose, set on Fire any Public Warehouse within this Province, such Offence shall be deemed, and is hereby declared to be felony; and the Offender or Offenders, his, her or their Aidors and Abettors, on being lawfully convicted thereof, shall suffer as in Cases of Felony, without Benefit of Clergy.

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CHAPTER VIII.
An Act for laying a Tax for repairing the Court House in Edenton.

(Printed in Private Acts, post.)

CHAPTER IX.
An Act for re-establishing several Counties and Towns, and for other Purposes.

I. Whereas, his Majesty, by his Orders in his Privy Council, dated the Eighth Day of April, One Thousand Seven Hundred and Fifty Four, did repeal, declare void, and of none Effect, Twelve Acts passed at Sundry Times in this Province; which Acts are intituled, as follows, viz:

An Act appointing that Part of Albemarle County, lying on the West side of Chowan River, to be a Precinct, by the Name of Bertie Precinct, Passed in the Year 1722.

An Act for incorporating the Sea Port of Beaufort, in Carteret Precinct, into a Township, by the name of Beaufort, Passed in the Year 1723.

An Act to appoint that Part of Albemarle County, lying on the South Side of Albemarle Sound and Morattuck River, as high as the Rainbow Banks, to be a Precinct, by the name of Tyrrell Precinct, Passed in the Year 1729.

An Act to establish the Precincts of Onslow and Bladen, and for appointing them distinct Precincts, Passed in the Year 1734.

An Act for erecting the village called Newton, in New Hanover County, into a Town and Township, by the Name of Wilmington, and regulating and ascertaining the Bounds thereof, Passed in the Year 1739.

An Act for confirming Titles to the Town Lands of Edenton, for securing the Privileges heretofore granted to the said Town, and for the further Encouragement and Regulation thereof, Passed in the Year 1740.

An Act to confirm and erect that part of the Province called Edgecomb County into a County, by the Name of Edgecomb County, and for establishing the said County a Parish, and for ascertaining the Boundary Line between the North West and Society Parishes, in Bertie County, Passed in the Year 1741.

An Act for erecting the upper Part of Bertie County into a County, by the Name of Northampton County and for regulating the Limits between Society Parish and the North West Parish of Bertie, and for removing the seat of Bertie County Court, Passed in the Year 1741.

An Act for erecting the Upper Part of Craven County into a County and Parish, and for appointing a Place for Building a Court House, Prison and Stocks, in the said County, Passed in the Year 1746.

An Act for dividing Edgecomb County and Precinct, and for erecting the upper part thereof into a County and Parish, by the Name of Granville County and St. John's Parish, and for appointing Vestrymen of the said Parish, Passed in the Year 1746.

An Act for erecting the upper Part of New Hanover County into a County and Parish, by the Name of Duplin County, and St. Gabriel Parish by the name of Duplin County and St. Gabriel's Parish, and for appointing a Place for building a Court House, Prison and Stocks, in the said County, Passed in the Year 1749.

An Act for erecting the upper part of Bladen County into a County and Parish, by the Name of Anson County, and St. George's Parish, and for

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appointing a Place for building a Court House, Prison and Stocks in the said County, Passed in the Year 1749.

II. And whereas his Majesty, taking into his Royal Consideration the Humble Representation of the Assembly of this Province, setting forth that many Inconveniences, with respect to the future Settlement of this Province might arise from the Repeal of the said Acts; his Majesty has been graciously pleased by an instruction from their Excellencies the Lords Justices to the Governor of this Province dated the First Day of July, One Thousand Seven Hundred and Fifty Five, to authorize and direct the said Governor to give his Assent to any Acts which shall be passed by the Council and Assembly of this Province, for re-establishing the several Towns, Precincts, and Counties heretofore erected by the Twelve Acts which have been repealed as aforesaid, and for confirming the rights of the People, as by the said Acts they were established, under certain Provisions and Restrictions in the said Orders mentioned; Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the several Divisions, Precincts or Districts of this Province, which have heretofore belonged to the several and respective Counties and Towns aforesaid, before the Repeal of the before recited Acts of Assembly, shall, and they are hereby declared to be re-established into Counties and Towns, by the several and respective Names by which each Division, Precinct or District, at the Time of repealing the aforesaid Acts, was known and denominated; and each of the said Counties shall be limited and bounded according to the Bounds and Limits heretofore known and reputed to be the Bounds and Limits thereof.

III. Provided always, That nothing herein contained shall be construed deemed, or taken, to alter or derogate from the Right and Royal Prerogative of his Majesty, his Heirs or Successors, of granting Letters of Incorporation to the said Counties and Towns; of ordering, appointing, and directing the Election of a Member or Members, to represent them in Assembly; and of granting Markets and Fairs to be kept and held in them respectively: But that the said Right and Prerogative may and shall, at all Times hereafter be exercised therein by his said Majesty, his Heirs or successors, in as full and ample Manner, to all Intents and Purposes whatsoever, as if this Act had never been made.

IV. And be it further Enacted, That all Deeds and Conveyances for the conveying of any Lands, Lots, or Tenements, in either of the Counties or Towns aforesaid, to any Person or Person whatsoever, either to the Use of the Public, or to their own Use, in Consequence of any or either of the said Acts of Assembly so repealed as aforesaid, shall and are hereby declared to be good and valid in Law; and shall enure and take effect as fully, to the benefit of the Grantees, their Heirs and Assigns, and all others concerned, as if the same Acts had never been repealed.

V. And be it further Enacted, by the Authority aforesaid, That the Five Acts of the General Assembly of this Province, intituled, as follows, viz.:

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, Passed in the Year 1752.

An Act for erecting the upper Part of Anson County into a County and Parish by the Name of Rowan County, and St. Luke's Parish, and for appointing a Place for holding a Court in said County, Passed in the Year 1753.

An Act for the further and better Regulation of the Town of Wilmington,

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and for repealing the several Acts therein mentioned, Passed in the Year 1754.

An Act for granting unto the Town of Brunswick, the Privilege of choosing and sending a Representative to the General Assembly, Passed in the Year 1754.

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, Passed in the Year 1754; containing certain Clauses forbid by his Majesty's said Orders, dated the first day of July, One Thousand Seven Hundred and Fifty Five, be and are hereby repealed, and from henceforth declared void and of none effect.

CHAPTER X.
An Act to amend an Act for Impowering the several Commissioners therein after Named to Make, Mend and Repair all Roads, Bridges, Cuts and Water courses already laid out, or hereafter to be laid out, in the several Counties and Districts therein after appointed, in such Manner as they judge most useful to the Public, and other Purposes.

I. Whereas the Act intitled, 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 thereinafter appointed, in such manner as they judge most useful to the Public, hath not provided any remedy for the inconveniencies hereinafter mentioned:

II. Be it enacted by the Governor, Council, and Assembly, and by the Authority of the same, That all Persons liable to work on the public roads, shall be obliged to work in the District where they tend the Crop, and not in any other, altho they should be summoned by Virtue of a Summon issued by a Commissioner or Commissioners of the Roads of any other District for that Purpose.

III. And also whereas, by another Act, intitled, An Act to impower the Justices of Johnston County to divide the same into Districts and to appoint Commissioners for the Roads; the said Justices neglected to divide the said County into Districts, and appoint Commissioners for the Roads, within the time prescribed by the last recited Act; Be it enacted by the authority aforesaid, That the Justices of the said County Court, may, at any time after the passing of this Act, divide the said County into Districts, and appoint Commissioners of the Roads; which said Commissioners so appointed shall be invested with the same powers and authorities as other Commissioners appointed by the first recited Act. And that all roads heretofore laid out, and worked upon by the direction of the Commissioners appointed by the County Court altho not appointed within the time limited in the last recited Act, shall be held to be useful for the Benefit of Travellers; and all Acts and things done and performed by the Commissioners concerning the said Roads, shall be, and are hereby deemed to be good and valid.

IV. And whereas there are but Four Commissioners of the Roads in the District from Old-Town Creek to Levingston's Creek, in New Hanover County; Be it enacted by the authority aforesaid, That Mr. James Murray is hereby appointed a Commissioner in the said District, and shall have the same power and authority as any other Commissioner of the Public Roads.

V. And whereas Bladen County extends down the North West River of Cape Fear, the Distance of Fifteen Miles below the upper Bounds of New

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Hanover County, which makes it very inconvenient for the Inhabitants of Bladen County to work on the Public Roads in that District; For Remedy whereof, Be it Enacted by the Authority aforesaid That a North East Line be run directly from, and opposite the Mouth of Livingston's Creek, to Black River then down the said River to the Mouth thereof, and then up the North West River to the Mouth of the said Creek; and all the Lands within the said Bounds are hereby annexed to the County of New Hanover, and shall hereafter be deemed and held to be within the Limits of the same, and make Part of the North West District of New Hanover County; and the Inhabitants thereof subject and liable to such Duties, Taxes, and Impositions, and also intitled to the Rights, Privileges and Advantages, as the other Inhabitants of the said County are.

VI. And whereas a nearer and more convenient Road than that now used, may be made from the Ferry at Mount Misery towards South Carolina, Be it enacted, by the authority aforesaid, That the Commissioners of the Roads for the North West District of New Hanover County, or the majority of them, shall, and they are hereby impowered and required, as soon as conveniently may be, to lay out, or cause to be laid and staked out, the said Road from Mount Misery aforesaid; and the Commissioners of the several Districts through which the said Road shall pass, shall make and clear the said Road, make, mend, and repair the Bridges thereof, within their several and Respective Districts; under the same penalties and forfeitures, as they are liable to for their neglect of any other Public Roads.

VII. Provided nevertheless, That the Commissioners of the North West District of New Hanover County shall not be liable to any penalties for not clearing the River, until their part of the Road from the Ferry at Mount Misery towards South Carolina, is finished, anything herein contained to the contrary notwithstanding.

VIII. And be it further enacted, by the Authority aforesaid, That another District shall be, and is hereby appointed, by the name of the South District of St. Philip's Parish; which district shall include the forks of Town-Creek, thence to the Forks of Lockwood's Folly, thence down the South West side of Lockwood's Folly River, to the South bounds of this Province, and to the bounds of the County of New Hanover; and that Mr. Richard Eagles, Jun., Mr. William Alston and Mr. Usher Espy be Commissioners of the roads for the said District, with the same power and authorities and liable to the same duties and penalties as any other Commissioner of the Roads.

IX. And whereas many disputes have arisen between the Inhabitants of the White Marsh District in Bladen County, and the Commissioners of the Roads for that District, concerning the Legality of their appointment; Be it enacted by the authority aforesaid, That Robert Rowan, Samuel Waters, John Turner, David Morlay, and John Green, Be, and are hereby appointed Commissioners of the aforesaid District, with the same powers and authorities and liable to the same duties and Penalties, as any other Commissioners.

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CHAPTER XI.
An Act for establishing Public Roads and Ferries; and for the Better Regulation of the Same in Several Counties.

I. Be it Enacted, by the Governor, Council and Assembly, and by the Authority of the same, That all Roads and Ferries in the Counties of Currituck, Pasquotank, Perquimans, Chowan, Bertie, Tyrrel, Edgecomb, Northampton, and Granville, that have been laid out, or appointed by Virtue of any Act of Assembly heretofore made, or by Virtue of any Order of Court grounded thereon, are hereby declared to be Public Roads and Ferries; and that from Time to Time, and at all Times hereafter, the County Court of each of the said Counties, shall have full Power and Authority to appoint and Settle Ferries; and to order the laying out Public Roads, where necessary, and to appoint where Bridges shall be made, for the Use and Ease of the Inhabitants of each County and to discontinue such Roads as now are, or shall hereafter be made, as shall be found useless, and to alter Roads so as to make them more Useful, as often as Occasion shall require.

II. And be it further Enacted, That all Roads hereafter to be laid out, shall be laid out by a Jury of Twelve Men, appointed by the County Court; which Jury being Freeholders, shall take an Oath to lay out the same to the greatest Ease and Conveniency of the Inhabitants, and as little as may be to the Prejudice of any Private Person; and the Damages which shall be sustained by any Private Person in laying out such Road, shall be ascertained by the same Jury, on Oath, who laid out such Road, to be equally assessed by the Court, and levied and collected by the overseer of such Road, on the Tythable Persons which ought to work on the same, and by him paid to the Party injured.

III. And be it further Enacted, That if any Person or Persons, after the passing this Act, not impowered to keep Ferry shall pretend to keep any Ferry, or to transport any Person or Persons, or their Effects for Pay, within Ten Miles of any Ferry, (being on the same River or other Water) which is already or hereafter shall be appointed, such Person or Persons so pretending to keep Ferry, or Transporting any Person or Persons or their Effects, shall Forfeit and pay the Sum of Twenty Shillings, Proclamation Money, for every such Offence, to the nearest Ferryman; to be recovered by a Warrant from any Justice of the Peace, upon full Proof thereof made before him.

IV. And be it further Enacted, That all such Persons who shall hereafter undertake, to keep any Public Ferry by Appointment, and do not provide good and Sufficient Boats, or other Proper Craft, and keep the same in good and sufficient Repair, and well and sufficiently attended, for the Passage of all Travellers and their Effects, shall Forfeit and pay Ten Pounds, Proclamation Money, for every Neglect; one Half to the Informer, and the other Half for and towards lessening the County Tax; to be recovered in the County Court where the Offence shall be committed.

V. And be it further Enacted, That all Public Roads already laid out, or now in Use, or which shall hereafter be laid out, shall be cleared of and from all Trees, Stumps, and Brush, at least Twenty Feet Wide, and such Limbs of Trees as may incommode Horsemen shall be cut away; all Bridges or Causeways made, or to be made over Swamps, low Lands, or Small Runs of Water, the Pieces wherewith the same shall be made, shall be laid across the Road, and at least Fourteen Feet Long, well secured, made Fast, and covered with Earth; and all Bridges over Deep and Navigable Streams, shall be made at least Twelve Feet Wide, with good sawed Planks, at least two

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Inches Thick, with Firm and Strong Posts, Rails, and Bearers, well secured and fastened; and for that Purpose the Overseer of the Road to which any of the Bridges aforesaid shall belong, shall and may lawfully cut and take from off the Lands of any Person next adjacent to such Bridge, such and so much Timber only, as shall be necessary for that Use.

VI. And be it further Enacted, That where a Bridge shall be Necessary over any Place, where the Surveyors with their Assistants cannot conveniently make it, the Court of that County wherein such Place shall be, is hereby impowered and required, to contract and agree for the Building, keeping, and repairing thereof; and to levy the Charge in their County Levy:

And when Bridges shall be necessary, over any such Creek or River which divides One County from another, the Court of each County shall join in the agreement for building, keeping, and repairing the same, and the Charge thereof shall be defrayed by both Counties, in Proportion to the Number of Taxables in each.

VII. And be it further Enacted by the Authority aforesaid, That all and every Contract, Agreement, and order by the Justices of the Court of any of the Counties aforesaid, entered into or made, for or concerning the Building, keeping or repairing Bridges, in such Manner as to them shall seem most Proper, shall be good and available against them, and their Successors.

VIII. And be it further Enacted, That the Courts of the said Counties, shall, annually appoint Overseers of the Highways or Roads, who are by this Act obliged to Summon, all Male Taxables from the age of Sixteen to Sixty, (except such Person as are, or shall be exempted from Public Services by the Assembly) within their Districts, to meet at such Places and Times as to them shall seem Convenient, for the repairing or making such Roads as shall be necessary; and except such as are or have been heretofore by Law excused from appearing at Musters, and such as send Three Slaves to work on the Public Roads; and whosoever shall, upon such Summon, refuse or neglect to appear, or to do and perform their Duty therein, shall Forfeit and pay the Sum of Two Shillings and Eight Pence, Proclamation Money, for each Neglect; to be recovered by a Warrant from a Magistrate of the County, and paid by the Sheriff or Constable unto the Overseer; and by him to be expended in hiring other Hands to work on said Roads. Provided nevertheless, That nothing herein contained shall be construed to exempt Overseers of Slaves from working on Roads.

IX. And be it further Enacted, That all Overseers of Roads which shall neglect or refuse to do their Duty, as is by this Act directed, or who shall not keep Roads or Bridges Clear, and in Repair, or let them remain uncleared or out of Repair, for and during the Space of Ten Days, unless hindered by extreme bad Weather, such Overseer shall Forfeit for each and every such Offence, the Sum of Twenty Five Shillings, over and above such Damages as may be sustained; and to be recovered by a Warrant from a Magistrate, by any Person taking out the same, and to be applied to his own Use.

X. And be it further Enacted, That from and after the passing of this Act, the Court of each of the said Counties shall have full Power and Authority, and they are hereby directed and required, to compel all Persons that now do, or hereafter shall be appointed to keep a Public Ferry, within the said Counties, to give Good and sufficient Security in the Sum of One Hundred Pounds, Proclamation Money, payable to the Chairman of the said Court, and his Successors; with Condition, that he or they shall and will constantly find, provide and keep good and sufficient Boats, or other Proper Crafts, in Good repair, always to be well attended for Travellers or other Persons, their Horses, Carriages, and Effects, over any River or Creek; and

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if any Person shall receive Damages by any Ferryman's not having complied with the Condition of his Bond, the Person who has so received Damage, shall and may bring an Action of Debt against such Ferryman on the said Bond, in the Name of the Chairman, and recover, for the Non Performance of the said Condition, so much Damages as he shall appear to have sustained, and thereupon take out Execution for whatever shall be so recovered, and apply the same to his own Use: And it shall and may be Lawful for any Person detained at any Public Ferry, by Means of the Ferryman's not having sufficient Boat or other Proper Craft, and Hands, or by his neglecting to do his Duty, by a Warrant from a Justice of Peace, to recover of such Ferryman, Twenty Five Shillings, Proclamation Money, for such Default or Neglect.

XI. And be it further Enacted, That upon proper application made to any of the County Courts mentioned in this Act, for clearing Navigable Creeks in their respective Counties, it shall and may be lawful for the said Courts, and they are hereby directed and required, to appoint such Overseers of the Roads as live most Convenient to such Creeks, with their Companies, to do and perform the same as soon as may be, after being so directed; and upon Neglect or refusal of such Overseer or Company, or any of them, to do and perform such Work or Service, upon due Proof thereof, he or they so refusing or neglecting, shall be liable to the same Fines and Forfeitures as for Neglect or refusal of their Service on the Roads; which shall be recovered and applied in the same Manner.

XII. And be it further Enacted, That all and every Act and Acts, Clause and Article thereof, heretofore made, for or concerning any Matter or Thing within the Purview of this Act, is, and are hereby declared repealed, and from henceforth Null and Void.

CHAPTER XII.
An Act for the better Regulation of the Town of New Bern, and for securing the Titles of Persons who hold Lots in the said Town.

I. Whereas the Laws heretofore made for regulating the Town of New Bern have been found inconvenient: For Remedy whereof,

II. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That from and after the passing of this Act it shall and may be lawful for the Freeholders of the said Town to meet at the Court House annually on the Second Tuesday in November, and then and there to choose Five Freeholders of the said Town to be Commissioners for the ensuing Year; which Election of Commissioners shall be by the suffrage of the Majority of the Freeholders of the said Town; and that upon the said Commissioners being so chosen and elected, and their Names entered on the Journals of the said Town, they shall before they enter upon the Execution of their Office, take the following Oath.

I, A. B. do swear that I will execute the Office of a Commissioner, for the Town of New Bern, faithfully, impartially and truly without favor, affection or Prejudice; and that I will to the utmost of my Power, in all Things act for the good of the said Town, and the well Governing of it, to the best of my skill and Judgment. So Help me God.

Which said Commissioners, after they have been so sworn shall proceed to choose one out of their Number to be Treasurer of the said Town; into whose Hands all Monies arising by the Sale of Lots in the said Town, or

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otherwise arising howsoever arising or becoming due to the said Town, shall be paid, and there kept till disposed of as hereafter directed.

III. And be it further Enacted, by the Authority aforesaid, That the said Treasurer, before he enters upon the Execution of his said Office, shall give Bond, with two sufficient Securities, in the Sum of Two Hundred Pounds Proclamation Money, to the Commissioners of the said Town and their Successors, for the faithful Discharge of his said Office.

IV. And for the better determining who shall be qualified to be elected as Commissioners of the said Town; Be it Enacted, That no Person shall be deemed qualified to act as Commissioner of the said Town of New Bern, unless he hath a lot of land therein, with a House on the same, of not less dimensions than Twenty Four Feet long, and 16 Feet wide, with a Brick Chimney or Chimnies to the same; and who shall have besides, a visible Estate, of at least One Hundred Pounds, Proclamation Money.

V. And whereas by the laws heretofore made for Regulating the said Town the Method therein prescribed for clearing the Streets, making and repairing the Bridges, and Public Wharfs, has been found inconvenient; Be it Enacted by the Authority aforesaid, That the Commissioners of the said Town, together with the Freeholders thereof, shall meet at the Court House in the said Town on the Third Tuesday in November, next after the passing of this Act, and so yearly, and every year, on the said Third Tuesday in November, and then and there, by the Consent of the Majority of the said Commissioners and Freeholders then met, lay such a Tax on the Inhabitants of the said Town, as shall be sufficient to defray the Expence of clearing, making and repairing the Streets, making and mending Public Wharfs and Bridges, and for doing all Public Services the Inhabitants of the said Town are now subject to do and perform; and for defraying the Expense of procuring a correct Plan of the said Town, and for all other necessary expenses the Commissioners may be at, in building a Pound, employing a Clerk, or appointing Guards or Watches, or other Contingencies that may happen; provided the said Tax does not exceed the Sum of Ten Shillings, Proclamation Money, per Poll; which said Tax shall be collected by the Sheriff of the County of Craven, and paid to the Treasurer of the said Town, within One Month after the same shall be laid; and if any Person shall withhold, and not pay the said Tax, within One Month after the same is laid, it shall and may be lawful for the said Sheriff to make Distress and Sale of the Offender's Goods and Chattels in the same Manner as for Non-payment of other Taxes, and to take and receive for his Trouble Two Shillings and Eight Pence, Proclamation Money.

VI. And be it further Enacted, by the Authority aforesaid, That the Inhabitants of the said Town of New Bern shall be for ever hereafter excused from working on the Streets of the said Town, or from working on the Country Public Roads, so long as they continue to live in the said Town and no longer.

VII. And whereas the settlement of the said town of New Bern hath been much retarded, by Persons taking up Lots in the said Town, and not building thereon, as by the Tenor of their Deeds or Grants is provided; and whereas after the Time limited therein for improving the same, the same Persons have been permitted to enter and take up the same again, whereby many Lots in the said Town lie unimproved; For Prevention whereof, Be it Enacted by the Authority aforesaid, That the Commissioners of the said Town, for the Time being, or any Three of them, are hereby authorized, impowered, and directed, to grant, convey, and acknowledge, under the same Restrictions and Limitations in Deeds given for Lots by former Commissioners

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of the said Town, to any Person requiring the same, and to their Heirs and Assigns, for ever, in Fee Simple, any Lot or Lots of Land within the said Town, not already taken up and built on, agreeable to the Laws heretofore made for regulating the said Town, or any Lot or Lots that may hereafter be liable to be taken up for want of being built on as aforesaid, he or they paying for each Lot Twenty Shillings, Proclamation Money, for the Purchase Money thereof, to and for the Use of the Proprietors of the said Town.

VIII. Provided nevertheless, That where any Person or Persons shall hereafter take up any Lot or Lots in the said Town, and shall not build thereon, within Eighteen Months from the Date of their Conveyance, a good habitable Brick, Stone or frame House, of not less dimensions than Sixteen Feet wide and Twenty Four Feet long, the same Person (except where the Title of such Lot or Lots, before the expiration of the Time for building thereon, shall fall to a Minor or Minors) shall not be allowed to take up the same again until the said Lot or Lots hath lain vacant Six Months; but the same may be immediately or at any Time, granted to any other Person or Persons desiring the same, on the Conditions hereinbefore mentioned.

IX. And whereas sundry Disputes may hereafter arise concerning the Titles to Lots in the said Town of New Bern, and the Bounds thereof; Be it Enacted by the Authority aforesaid, That the Commissioners or Justices, formerly appointed by an Act of Assembly of this Province, and their Successors are hereby declared to have had a good, absolute, indefeasible Estate, in Fee in the Two Hundred and Fifty Acres of Land, laid out by the said Act, for the said Town of New Bern, in Trust and Confidence, to and for the Uses in the said Act mentioned; and the Commissioners by this Act to be elected and chosen are hereby declared to have a good, absolute and indefeasible Estate, in Fee, in all such Lots within the said Town, which have not been disposed of by the former Commissioners or Justices, and built on agreeable to Law in Trust and Confidence, to and for the Uses in this Act mentioned, and the said Two Hundred and Fifty Acres of Land, laid out for the Town of New Bern as aforesaid, shall forever hereafter be confirmed to the said Commissioners for the Time being, in Trust and Confidence, to and for the Uses in this Act mentioned. And all and every Person and Persons whatsoever who have heretofore purchased and paid for any Lot or Lots in the said Town, and have fully complied with the Conditions of their Deed or Grant, or who may hereafter purchase, pay for, and fully comply with the Condition of their Deed or Grant, are hereby declared to be invested with a good, absolute and indefeasible Estate, in Fee, to such Lot or Lots, and the same are hereby confirmed, in Fee to such Person or Persons, and to his and their Heirs and Assigns, for ever.

X. And be it further Enacted, by the Authority aforesaid, That all Water or Front Lots adjoining the Streets or Lots of the said Town of New Bern, shall be deemed, held, and be taken to be Part of the said Town; and it shall and may be lawful for any Person to take up the same, and build thereon any Wharf, Store-house, or other Improvement, as they shall think Proper, after giving three Months Notice in Writing to the Owner or Owners of such Lot or Lots as shall front such Water Lots: And where any of the said Water or Front Lots have been heretofore sold and conveyed by Cullen Pollock, Esqr., deceased, the late Proprietor of the said Town, or any former Commissioners of the said Town, to any Person or Persons whatsoever, such sale is hereby declared to be good and available in Law, to pass the Fee Simple Estate of such Lot or Lots to such Purchaser or Purchasers, his or their Heirs and Assigns, for ever; and such Purchaser or Purchasers, his

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or their Heirs and Assigns, are hereby declared to have a good absolute, and indefeasible Estate, in Fee, in and to the same.

XI. And for quieting the Inhabitants of the said Town in the Possession of their Lots within the same, Be it Enacted by the Authority aforesaid, That where a Certificate shall be obtained from the Commissioners of the said Town, on Oath made in the County Court of Craven, by one credible Witness, that any Lot or Lots within the said Town have been saved according to the Deed or Grant for the same, such Certificate or Oath shall be deemed good Evidence in any Court within this Province, against any other subsequent Deed or Deeds that shall or may be given for any Lot or Lots within the said Town; and all Courts within this Province are hereby required to receive such Certificate or Oath as Evidence Accordingly.

XII. And be it further Enacted, by the Authority aforesaid, That the Commissioners of the said Town shall choose a proper Person to be Clerk of the said Town, who shall before he enters upon the Execution of his Office give Bond to the Commissioners of the said Town with Two good and sufficient Sureties, in the Sum of One Hundred Pounds, for the due Execution of his Office; which Clerk shall keep a regular and fair Journal of all the Proceedings of the Commissioners of the said Town, and register therein all Deeds given by the Commissioners for Lots in the said Town, with the time when they were Granted, and to whom, and also of the time when the same became lapsable, if suffered to become so; to which Book all Persons shall have free access, on Paying One Shilling, Proclamation Money, on Penalty of Twenty Shillings like Money for every refusal; to be recovered as herein after directed; And the said Commissioners are hereby impowered and required to cause the Streets and Passages of the said Town to be laid out, beginning at the South West Corner of the Church Lots, and good substantial Posts to be set up at the Corner of every Square of Lots in the said Town; and also to cause a true and exact Plan of the said Town to be made, with proper Descriptions, and lay the same before the next Session of Assembly, and if by them approved of, to be forever hereafter deemed the true Plan of the said Town. Provided, That in such Plan Regard be had to the first Owner of every saved Lot, to preserve his title thereto, although it should appear to be misnumbered.

XIII. And whereas the Fence lately erected around the said Town is, by Reason of its being done with Rails only, gone greatly to decay, the Rails being many of them rotten; and whereas it will be commodious for the Inhabitants of the said Town that the said Fence be kept in good Repair, Be it Enacted by the authority aforesaid, that the said Commissioners and Freeholders at the Time they lay the Tax on the Inhabitants of the said Town for clearing the Streets thereof, shall and they are hereby impowered and required, to lay such other Tax on the Owner or Owners of every saved lot or Lots within the said Town, as shall be sufficient to fence the said Town with Posts and Rails, and to keep the same in continual repair; Provided, that such Tax does not exceed one shilling, Proclamation Money, in any one Year; And the said Commissioners are hereby also impowered and required to employ a proper Person annually to keep the said Fence in repair, and also to dispose and make Sale of the remaining Rails now to be found belonging to the said fence, for the best price that can be got for the same, and to apply the Money to the Common Stock of the said Town; which said Tax shall be collected and paid in the same Manner of the Tax laid on the Inhabitants for clearing the Streets of the said Town.

XIV. And be it further Enacted, by the Authority aforesaid, That if any Person shall wilfully pull down, take away, or by any means Destroy the

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Rails of the said Fence, or shall wilfully unhang, leave open, or otherwise injure the gates of the said Town, whereby Horses, or other Creatures, may be let out of the said Town, such Person or Persons, being thereof lawfully convicted, shall forfeit and pay, for the first Offence, Forty Shillings, Proclamation Money, and for the second and every subsequent Offence Three Pounds like Money; to be recovered as herein after directed; And if any Offender shall not be able to pay such fine, or is a Servant or Slave, he, she, or they, shall receive at the Public Whipping Post Thirty Nine Lashes on his, her, or their bare back, well laid on.

XV. And be it further Enacted, by the Authority aforesaid, That no Person, Inhabitant or Freeholder of the said Town, shall keep running at large therein more than one Cow and Calf, and One horse, or six Head of Sheep, for every saved Lot he or she shall be possessed of, on Penalty of Twenty Shillings for every Offence, to be recovered as herein after directed; and that no person whatsoever (except the Inhabitants or Freeholders thereof) shall keep running at large in the said Town any Horses, Cattle, Sheep or Hogs, except their riding Horses, during their stay therein, and Persons bringing Cattle to the Market of the said Town) on Penalty of Twenty Shillings, Proclamation Money, for every Offence to be recovered as herein after directed; and the Commissioners of the said Town shall cause a Pound to be built, wherein shall be impounded all Hogs, Cattle, Horses, or Sheep found running at large in the said Town, contrary to this Act.

XVI. And that the said Town of New Bern may be the better regulated, Be it Enacted, by the Authority aforesaid, That the said Commissioners or the Majority of them, shall have full Power and absolute Authority to pass such necessary Rules and Orders as to them shall seem meet, for removing all nuisances within the Bounds of the said Town, for Persons to remove Dirt, and Rubbish from before their Door, to grub and clear their Lots, and make proper Drains and Water Courses through them; for pulling down all Wooden Chimnies already built in the said Town and preventing the building thereof for the future, in Order to prevent Dangers by Fire, provided that Six Months Notice be given to the Owners of such Chimneys as are already built to pull down the same; and for all other Things that may tend to the Advantage and Improvement of the said Town, so as the same be not repugnant, but as near as may be, agreeable to the Laws of England and this Province.

XVII. And be it further Enacted, by the Authority aforesaid, That all Fines and Forfeitures in this Act mentioned, the recovery of which is not otherwise directed, shall be by Warrant, under the Hands and Seals of the Commissioners, or the Majority of them, directed to any sworn Officer of the County of Craven, to convene such Delinquent or Delinquents before them, at a certain Day mentioned in the said Warrant, and on Conviction to give Judgment, and award Execution, for such Officer to levy the said Fine by Distress and Sale of the Offender's Goods and Chattels; which said Fines such Officer shall pay into the Hands of the Treasurer of the said Town, as part of the Common Stock, and shall be applied towards defraying the contingent Charges of the said Town: And the Commissioners of the said Town or the Majority of them, are hereby invested with full Power and authority to lay out and appropriate all Monies which shall be paid to the said Treasurer by virtue of this Act, as they shall think most for the Good of the said Town: And the said Treasurer shall be obliged to account with, and pay to the Proprietor of the said Town, all Monies which he shall receive for the Purchase of Lots in the said Town, and also shall pay all Monies belonging to the said Town to such Person or Persons as the Commissioners,

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or the Majority of them, shall direct, by Warrant under their Hands, to him directed.

XVIII. And that the Number of Commissioners for the said Town may be always kept up, Be it Enacted, That if any of the said Commissioners shall die, or remove out of the Province, or refuse to qualify, the remaining Commissioners shall elect and choose others, in the Room and Stead of those so Dying, removing or refusing to qualify as aforesaid.

XIX. And for the encouragement of the said Town of New Bern, Be it Enacted by the Authority aforesaid, That the Clerk of the Court of Craven County and the Sheriff of the said County, shall keep their respective Offices in the said Town, on Penalty of Five Pounds for every Week they shall neglect the same; to be recovered in any Court of Record in this Province where the same is Cognizable, by any Person that shall sue for the same: And all Elections and other Public Business of the like nature, belonging or appertaining to the County of Craven, shall be done and held in the said Town, and at no other Place whatsoever.

XX. And whereas heretofore little Regard hath been paid to the Orders given by the Commissioners of the said Town of New Bern, Be it Enacted, That the Commissioners of the said Town for the Time being or the Majority of them, shall have full power and Authority to lay such Fine on any Person or Persons that shall refuse or neglect to obey any of the Rules and Orders that shall be passed by the said Commissioners, or the Majority of them, for the better regulating of the said Town, as they shall think fit, not exceeding Twenty Five Shillings, Proclamation Money; and on refusal or Neglect to pay the same immediately, to issue their Warrant, directed to any sworn Officer, to levy the same by Distress and Sale of the Offender's Goods and Chattels, the like Proceedings being first had as before directed for the Commissioners to observe, in the Recovery of Fines imposed by this Act.

XXI. And be it further Enacted, by the Authority aforesaid, That all and every other Act and Acts, Clause and Clauses, Article and Articles, thereof heretofore made, for so much thereof as relate to any Matter or Thing within the Purview of this Act, is hereby repealed, made void, and of none effect.

CHAPTER XIII.
An Act for the Regulation of the Town of Wilmington.

I. Whereas the erecting and establishing the Town of Wilmington hath been found highly beneficial and convenient to the Inhabitants of the Southern Parts of this Province, and others carrying on Commerce with them; For the better Regulation and Improvement of the said Town,

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the Town called Wilmington, lying on the East side of the North East branch of Cape Fear River, shall be bounded and circumscribed in Manner following, That is to say, To the North East by the Lands of the late Governor Gabriel Johnston, Esq., deceased, upwards and below by the Lands formerly belonging to Michael Dyer, running back One Hundred and Twenty Poles from the River, as may more fully appear by the plan of a survey of the said Town, made in the Year of our Lord One Thousand Seven Hundred and Thirty Three, now in the Secretary's Office; which plan shall be for ever hereafter the true and exact Plan of the said Town, by a reference to which all Disputes in Regard to Streets, Squares, Lots, and their Boundaries, are to be determined for the Future.

III. And be it further Enacted, by the Authority aforesaid, That for ever

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after the passing of this Act, the Courts of the County of New Hanover, the Election of Representatives to be sent to the General Assembly for the said Town or County, the Election of vestrymen for the Parish of St. James, and all other Public Elections for the said County and Town, shall be made and held in the Town of Wilmington, and at no other Place: any Law, Usage, or Custom to the Contrary, notwithstanding.

IV. And be it further Enacted, by the Authority aforesaid, That the Sheriff of the County of New Hanover, the Clerk of the Court for the said County, and the Register of the said County, for the Time being, shall forever hold and keep their respective Offices in the said Town of Wilmington; and that if any of the said Officers shall neglect or refuse so to do, each of them so neglecting or refusing, shall for every Week he shall be a delinquent, forfeit and pay the Sum of Forty Five Shillings, Proclamation Money; to be recovered by any Person who shall sue for the same, in the County Court of New Hanover, by action of Debt, Bill, Plaint or Information; wherein no Essoign, Injunction, Protection, Privilege, or Wager of Law, shall be allowed or admitted of: One half to such Informer, the other half to the Commissioners of the said Town for the time being, to be applied for the use and benefit of the said Town.

V. And whereas by the unskilfulness of former Surveyors, and Neglect of the Proprietors, the Courts of the Streets, and Bounds of the Squares and Lots, were never properly ascertained, by which many Houses are misplaced, some encroaching upon the streets, and others upon the Lots of their Neighbours: For Remedy whereof, Be it Enacted, by the Authority aforesaid, That all such Houses as are now Built, either wholly or in Part, upon the Streets shall be allowed to remain so, until they are no longer tenantable and then the Owner shall be obliged to pull such House or Houses down, and clear the Street or Streets of all the Rubbish; and when they build, to build within his, her, or their Lot or Lots, under the Penalty of Fifty Pounds, Proclamation Money, to be recovered as herein after is directed. And where any Person or Persons has the whole, or any Part of his or their House or Houses, not having a Brick Chimney, or Brick or Stone Cellar, on another Person's Ground, then it shall and may be lawful for the Party injured, to give Notice in Writing to the Owner or Owners of such House or Houses, to remove what part of the Same may be on such Person or Persons Lot or Ground, in Six Months after the Date of such Notice, which he or they shall be obliged to do, under the Penalty of Fifty Pounds, Proclamation Money; to be recovered in the Supreme Court of the District of New Hanover County, by the Party so injured, and to be applied to his proper Use, and to no other Purpose whatsoever.

VI. Provided nevertheless, That in case such House or Houses have one or more Brick or Stone Chimney, or Brick or Stone Cellar, then the Owner or Proprietor of such House or Houses shall not be obliged to remove the same but may be at Liberty, and is hereby allowed to pay a Ground-Rent, for what Part he encroaches upon his Neighbor, where Notice or Warning was not, before the building of such Chimney or Cellar, given of such Encroachment; which rent and all Disputes arising about Encroachments and Damages upon Lots, shall be ascertained and determined by the Commissioners of the Town, or the Majority of them. And that the said Commissioners may be the better enabled to discharge their Trust, they are hereby required, at the Expence of the Town, to get a Copy of the aforesaid Plan of the said Town lodged in the Secretary's Office: And in Case any Disputes should hereafter arise, to lay out the Streets or Lots according thereto, beginning at the South East Corner of Mr. John Morris's house, on Market

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Street, near the Court House: from which Corner all future Surveys of the said Town shall be commenced.

VII. And be it further Enacted, by the Authority aforesaid, That the said Commissioners, or the Majority of them, shall determine all Complaints of Nuisances, by Lumber or Rubbish lying upon the Streets or Wharfs, Dangers of fire arising from Wooden Chimneys or any such hazardous Buildings, and pass such Orders as they shall think necessary for the Removal of the same.

VIII. And whereas the Inhabitants have been at a great Expence in building a Public Wharf, where Boats may come to and discharge: Be it further Enacted by the Authority aforesaid, That no Vessel or Vessels shall lie at the said Wharf, or at any Public Wharf to be built for the Future, without License first obtained from the Commissioners; and if any Person or Persons shall incumber any of the said Wharfs with Naval Stores, Lumber, or any other Thing whatever, such Person or Persons shall be obliged to remove such Incumbrances within Twenty Four Hours after Notice thereof given by the Commissioners or the Majority of them, under the Penalty of Forty Shillings, Proclamation Money: to be recovered by a Warrant from the Commissioners of the said Town.

IX. And be it further Enacted, by the Authority aforesaid, That the Commissioners of the said Town for the Time being, or the Majority of them, are hereby impowered to pass such Orders as they may judge proper for the Bringing to Justice, or prosecute those who shall deal or traffick with Negroes, without proper Tickets from their Masters, Mistresses, or Overseers; and for preventing all Mobs or Cabals of Negroes, or others; for the more effectually bringing to Justice all Criminals and Offenders against the Laws of this Province; and also for preserving the Peace and Safety of the said Town; to appoint proper Guards or Watches in the said Town, as often as Occasion may require; to be ready on all Occasions of Riot and Disturbance, or to prevent Malefactors breaking the Prison or Gaol. Provided that one of the Commissioners be of the Number of the said Watch, to give necessary Orders.

X. And whereas the allowing of Hogs to run at large in the said Town is found to be a great Nuisance to the Inhabitants; Be it Enacted, by the Authority aforesaid, That none of the Inhabitants of the said Town shall, on any Pretence whatsoever, suffer any of their Hogs to run at large within the Bounds of the said Town; and any Hog or Hogs, running at large, shall be forfeited to any Person who shall seize or kill the same.

XI. And be it further enacted, by the authority aforesaid, That the Commissioners, or the majority of them, are hereby directed to issue their warrants, at least twice in every year, to the Constables of the said Town, to warn all male taxables to clear, repair and pave the streets, lanes, or alleys; to make or mend the Public Wharfs, Docks or Slips; make water-courses within the streets, that there may remain no standing water, and also to appoint overseers; And any person so neglecting or refusing to work as directed in the warrant or to furnish a good and sufficient hand in his or their place, with proper tools, shall forfeit and pay two shillings and eight pence, Proclamation Money, per Day, for every day he shall so refuse or neglect: And if any person so appointed overseer, shall refuse or neglect to serve as such, he or they shall forfeit and pay twenty shillings, Proclamation Money, per Day, for every day he shall so refuse or neglect; to be recovered in the same manner as the fines and forfeitures are to be recovered by the Commissioners of the Roads; and the money so recovered, shall be

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applied towards hiring Labourers to clear, repair, and pave the streets, or any other public work in the said town.

XII. Provided always, That no person exempted by law from working on Public Roads, shall be compelled to work on the said Streets, Lanes, Alleys, Wharfs, Docks or Slips, upon any pretence whatsoever, nor shall any person be compelled to work above twelve days in the year.

XIII. And be it further Enacted, by the Authority aforesaid, That the Inhabitants of the said Town shall be, and they are hereby exempt, and for ever hereafter excused from working on the Country Public Roads, during such Time as they live in the said Town, and no longer.

XIV. And as there are many lots in the said Town not yet cleared, nor proper Drains nor Runs made through them to let the Waters have a free Course to the manifest Injury and Unhealthiness of the Inhabitants of the said Town; Be it further Enacted by the Authority aforesaid, That the Commissioners for the Time being, or the Majority of them, shall, and they are hereby directed to order the Proprietor or Proprietors of any Lot or Lots, to clear all or any Part of them, and to make proper Drains or Water Courses through them, within six Months from the Time of the Date of such Order, in Writing signed by the Commissioners of the said Town for the Time being, or the Majority of them: and any Person neglecting or Refusing, shall forfeit and pay the Sum of Twenty Shillings, Proclamation Money, for every Month they shall refuse or neglect to obey such Order: to be recovered by a Warrant, under the Hands of the Commissioners, or the Majority of them, directed to one of the Constables of the said Town, on the Effects of such Delinquent or Delinquents.

XV. And whereas the Damages that may arise from Fire in the said Town may be very great, and a Necessity appear for providing one or more Water Engines: Be it Enacted, by the Authority aforesaid, That the Commissioners, or the majority of them shall within two Years after the passing of this Act, value every House within the Bounds of the said Town, and lay a Tax not exceeding Two per Cent. on such Value, upon every Owner or Owners of such House or Houses; which Monies so laid, shall by order of the said Commissioners, or the Majority of them, be collected, and applied towards purchasing Water Engines, Buckets, Ladders, and other Instruments for the extinguishing of Fire: and if any person shall neglect or refuse to pay such Tax the same shall be levied by a Warrant under the Hands of the Commissioners, or the Majority of them, directed to one of the Constables of the said Town, on the Effects of such Delinquent or Delinquents.

XVI. And be it further Enacted, by the Authority aforesaid, That the Commissioners for the Time being, or the Majority of them, shall and are hereby impowered, to pass any Orders they may judge proper, for preventing the building of necessary Houses on any Stream of Water running through the said Town, or having Drains from such Houses into any of the said Streams: to remove such houses already built; for preventing of Cattle being kept up in a pen above Three Days, without being sufficiently fed and watered; for preventing Mortar, Clay, or Wooden Chimneys, being built, and for pulling down such as are already built; for making the People keep their Chimnies clean, and raising them to a proper Heighth, not under four feet above the Ridges of the Roof; for preventing the keeping Naval Stores or Lumber in any Houses whereby Damages may arise to Neighbours; for obliging all Persons to clear the Streets before their Houses; and for all other Things for the Good and Safety of the said Town, and the proper Government of it, consistent with the Laws of this Province; and to enforce

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such Orders, by laying a Fine, not exceeding Forty Shillings, Proclamation Money, on all Persons neglecting or refusing to comply therewith.

XVII. And be it further Enacted, by the Authority aforesaid, That the Commissioners for the time being shall hire a Town Clerk, and shall keep a Town Book; in which shall be entered all the Orders they may make, the Defaulters on the streets, and the Accounts of the Monies they may have received, the manner they have applied such Monies, and what Sums may remain in their Hands, under the Penalty of Fifty Pounds, Proclamation Money; to be recovered by any person who shall or may sue for the same, in the Supreme Court of the aforesaid District; wherein no Essoign, Injunction, Protection, or Wager of Law, shall be allowed or admitted of.

XVIII. And be it further Enacted, by the Authority aforesaid, That the Commissioners on going out of Office, shall pay into the Hands of their Successors such Sum or Sums of Money as they have in their Hands; and in case they should neglect or refuse so to do, they shall forfeit and pay Fifty Pounds, Proclamation Money; to be recovered by such succeeding Commissioners, by Action of Debt, in the Supreme Court of the aforesaid District; wherein no Essoign, Protection, Injunction, or Wager of Law, shall be allowed or admitted of.

XIX. And whereas often Times during Divine Service there are great Disturbances in the Streets, or near the Place where the same is performed; Be it Enacted by the Authority aforesaid, That the Constables in the said Town, each in their Turn, shall be obliged to walk the Streets during the Time of Divine Service, to prevent all such Disturbances, and to apprehend all Delinquents, who shall be punished as Breakers of the Sabbath.

XX. And whereas it may be necessary to lay a tax, annually, on all the male taxables in the said town, towards defraying the necessary charges that may accrue; Be it enacted, by the authority aforesaid, That the Commissioners or the majority of them for the time being, are hereby impowered, within twenty days after their being elected, by virtue of this act, to lay such tax as may be thought necessary, provided the same does not exceed two shillings Proclamation Money, per Head; such Tax to be collected by Warrant under the hands and seals of the Commissioners, or the majority of them, directed to the Constables of the said Town, or either of them returnable in such time as shall be therein mentioned.

XXI. And be it further Enacted, by the Authority aforesaid, That the Commissioners, or the Majority of them, are hereby impowered to lay such fines on all who refuse or neglect to obey any of their lawful Orders, after being made public, as they may judge Necessary, not exceeding Two Pounds, Proclamation Money, for each default; to be levied by Warrant under the Hands and Seals of the said Commissioners, or the Majority of them, directed to either of the Constables of the said Town, who are hereby obliged to execute the same; which fines recovered as aforesaid, shall be applied to the Public Fund or Stock of the said Town.

XXII. Provided always, That it shall and may be lawful for any Person or Persons, who shall think himself or themselves injured by such Fine, to appeal to the Justices of the County Court, who are hereby impowered to determine the same in a summary Way.

XXIII. And be it further Enacted, by the Authority aforesaid, That all Fines and Forfeitures, the Method of Recovery of which is not otherwise directed by this Act, shall be recovered with Costs, in any Court of Record in the County of New Hanover, Respect being had to their Jurisdiction, by the Commissioners for the Time being, or the Majority of them, by Action of Debt, Bill, Plaint, or Information; wherein no Essoign, Injunction, or

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Wager of Law, shall be allowed or admitted of. And all fines and Forfeitures mentioned in this Act, not exceeding Two Pounds, Proclamation Money, shall be recovered by a Warrant under the Hands and Seals of the Commissioners, or the Majority of them, directed to the Constables of the Town, or either of them, against Body or Goods, as in Actions of Debt, and in all things subject to the same Rules; all which Fines or Forfeitures, recovered in any of the before-mentioned Ways, shall be applied and paid into the Stock of the said Town.

XXIV. And be it further Enacted, by the Authority aforesaid, That the Commissioners and the Inhabitants shall have free Liberty to hold all their Public Meetings, on all Occasions, in the Court House, and have the Liberty of a Key to the same.

XXV. And for the better ascertaining the Method of choosing such Commissioners, and the Qualifications necessary for such Commissioners; Be it Enacted, by the Authority aforesaid, That any Person who on the Day of Election, and for Three Months next before, was seized in Fee-simple, or for Term of Life, of a Brick, Stone, or framed House, with one or more Brick or Stone Chimnies, of the Dimensions of Twenty Feet long and Sixteen Feet wide, within the Bounds of the said Town, shall have a Right to vote for such Commissioners, and be sufficiently qualified to be Commissioners for the said Town; and that the Number of Five, such as are qualified as aforesaid, shall annually, on the First Tuesday in January, be chosen Commissioners for the said Town; and Two Persons shall be chosen by the Majority of the Freeholders present as Inspectors of the Poll, and attend and declare who are duly elected Commissioners by Virtue of this Act; and upon the said Five Commissioners being elected, and their Names properly entered in the Town Book, they shall, before they enter upon their Office, take the following Oath, before any Justice of the Peace for the County of New Hanover; that is to say: I, A. B., do swear, That I will execute the Office of a Commissioner, for the Town of Wilmington, faithfully and truly, without Favor or Prejudice; and in all Things, act for the Good of the said Town, and the well governing thereof, to the best of my skill and judgment, according to law. So help me God.

XXVI. And be it further Enacted, by the Authority aforesaid, That in Case of Refusal, Removal, or Death, of any of the Commissioners, either before or after their being qualified as aforesaid, the other Commissioners, or the Majority of them, shall choose another in the Room of him or them so dying, refusing, or removing as aforesaid, who shall be qualified in Manner as before directed.

XXVII. And be it further Enacted, by the Authority aforesaid, That Cornelius Harnett, Frederick Gregg, Daniel Dunbibben, Arthur Mabson, and Thomas Finney, are hereby appointed Commissioners of the said Town, and shall be and continue in Office until the First Tuesday in January next; and they, or a Majority of them, shall have the same Power and Authority as the Commissioners to be chosen by this Act shall or may have, and be subject to the same Penalties.

XXVIII. And be it further Enacted, by the Authority aforesaid, That if at any Time any Tavern Keeper, Ordinary Keeper, Retailer of Liquors, or Keepers of Public Houses in the said Town, shall suffer any Person or Persons whatsoever to sit tippling or drinking in his or her House in time of Divine Service, on the Sabbath Day, or shall suffer any Person or Persons to get drunk in his or her House on the Sabbath Day, such Person or Persons so offending, shall forfeit and pay Twenty Shillings, Proclamation Money, for every such Offence; to be recovered by a Warrant under the Hand and Seal

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of any Justice of the Peace for the County of New Hanover, and be paid into the Public Stock of the said Town.

XXIX. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons whatsoever in the said Town shall, on any Pretence whatever, give any Credit, Loan, or Trust, to any Mariner or Seamen belonging to, or under the Command of any Master of a Vessel that now is, or shall at any Time hereafter be lying in the River of Cape Fear, exceeding the Sum of Two Shillings and Eight Pence, Proclamation Money, except by the Leave or Licence of the Master or Commander of the Vessel he belongs to, or where such Sailor or Mariner shall have left the Vessel, to apply to either of the Courts of Justice, in any Disputes or Controversies with the Captain or Commander of such Vessel; that then, and in such Case, he, she, or they, shall for every such Default, lose all the Monies or Goods so trusted or credited.

XXX. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons whatsoever in the said Town, shall willingly or willfully entertain, harbour, or Keep, or suffer to be entertained, harboured, or kept, directly or indirectly, any Seaman belonging to any Vessel as aforesaid, in his, her, or their House or Houses, exceeding the Space of Six Hours, without the Privity or Consent of his Commander (except in the Case before excepted) he, she, or they, so offending, shall forfeit the Sum of Twenty Five Shillings, Proclamation Money, for every such Offence; to be recovered by Warrant under the Hand and Seal of any Justice of the Peace for the County of New Hanover, and paid into the Public Stock Fund of the said Town.

CHAPTER XIV.
An Act for establishing the Titles of the Freeholders in Edenton, for laying a Tax for finishing the Church begun in the said Town, and for the further Improvement and better regulation thereof.

I. Whereas pursuant to several Acts of Assembly of this Province heretofore passed, Four Hundred and Twenty Acres of Land, lying in the Fork of Queen Anne's Creek, in Chowan County, bounded Eastward by the Lands of Miles Gale, Northward by the Lands of William Badham and George Lisles, on the Westward by the Beaver Dam and Creek, and on the Southward by the Sound, was purchased by the Public, and laid out for a Town, called Edenton; and Part thereof divided into Lots of Half Acres, as will more fully appear by the Plan thereof already drawn, with convenient Streets and Passages, a Place for a Church, Governor's House, Court House, Burying Place, Market Place, Council Room and other Purposes; and by the said Acts, vested in Fee, in Commissioners or Trustees, to dispose thereof according to the Direction of the said several Acts; and the Commissioners or Trustees of the said Town have conveyed Lots, or Half Acres of Land, to several Persons, who have built thereon; and whereas several of the said Acts have been since repealed or expired, whereby many Mischiefs may arise, and the Improvement of the said Town much retarded and the Titles to Lots in the same drawn into Dispute; For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the said Commissioners or Trustees heretofore appointed are hereby declared to have had a good, absolute, and indefeasible Estate, in Fee, in the said Four Hundred and Twenty Acres of Land, in Trust and Confidence, to and for the Uses by the said several Acts intended; and Thomas Barker, John Craven, Joseph Blount, Charles Blount, and James

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Luten, Gentlemen, the present Commissioners, are hereby declared to have a good, absolute, and indefeasible Estate, in Fee, in all such Lots in the said Town as have not already been disposed of, by former Commissioners or Trustees, or have lapsed for want of complying with the Conditions of the Deeds for which the same have been granted; and the said Commissioners shall hold the same in Trust, and to the Uses hereinafter mentioned, and for no other Use or Purpose whatsoever; and the said Lots are hereby confirmed to them, and their Successors, for such Uses; any Law, Statute, or Usage, to the contrary, and the Repealing, Expiring, or Suspension of any Law, notwithstanding.

III. And be it further Enacted, by the Authority aforesaid, That the said Thomas Barker, the present Treasurer of the said Town, and his Successors in Office, shall receive all Monies arising by virtue of this Act, to be applied as hereinafter is directed; and on his Death or Removal out of the County of Chowan, the next eldest Commissioner shall succeed him in the said Office, first giving Security to the Justices of Chowan County, in the Sum of One Hundred Pounds, for the just Performance of the said Trust; and at all Times hereafter, in Case of the Death, or Removal out of this Province, of either or any of the Commissioners of the aforesaid Town of Edenton, it shall and may be Lawful for the Survivors, or a Majority of them, to elect and choose, out of the Freeholders of the said Town, another Commissioner, or other Commissioners, in the Room and Stead of him or them so dying or removing.

IV. And be it further Enacted, by the Authority aforesaid, That all Deeds heretofore made by the Commissioners for any Lots of Land in the said Town, the Condition of which have been fulfilled and complied with, shall, and are hereby declared to be good and valid in Law, and shall convey the Fee-Simple thereof to the Grantees, their Heirs and Assigns, forever.

V. And be it further Enacted, by the Authority aforesaid, That the Commissioners of the said Town, or any Three of them, shall, and are hereby impowered and required on Application, to grant and convey, in Fee-Simple, any of the Lots of the said Town, containing each Half an Acre, or thereabout, not before granted, or which have lapsed, or shall lapse, by the Grantees or those who hold or claim under them, not having complied with the Conditions of the Deeds by which the same were or shall be granted, for which the Grantees shall pay Ten Shillings, Proclamation Money, for each Lot if not a Water Lot, and Five Shillings for each Water Lot; and all Deeds made for conveying such Lots in the said Town as are not Water Lots, shall be on Conditions, That if the Grantees, their Heirs or Assigns, shall not within Two Years from the Date of each respective Deed, erect and build for each Lot thereby granted, a good substantial Brick, Stone, or framed habitable House not of less dimensions than Twenty Feet long, Fifteen Feet wide, and Eight Feet high between the first Floor and the Joists, or make such other Improvements as by the Majority of the Commissioners shall be deemed Equivalent, such Deed shall be void; and all Deeds to be made for conveying Water Lots shall be on Condition, That if the Grantees, their Heirs and Assigns shall not, within Two years from the Date of each respective Deed, secure the Front Street Fifty Feet from the Water's Encroachment, or build a Wharf to the Edge of the Channel, such Deed shall be Void.

VI. And be it further Enacted, by the Authority aforesaid, That in all Cases where Deeds have been, or hereafter shall be made by the Commissioners of the said Town, or a Majority of them, for any Lot or Lots, and the Grantees, or those who hold under them, have not, or shall not comply with,

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and fulfil the Conditions of the same, the Commissioners may, and are hereby impowered, to grant such Lot or Lots to any Person or Persons applying for the same, in such Manner as they might or could, if such Lot or Lots had never been before granted.

VII. And be it further Enacted, by the Authority aforesaid, That such Persons as are Owners of Lots in the said Town facing or fronting any Water Lots, shall have the Preference in taking up such Water Lots, and no others shall be admitted to have Deeds from the Commissioners for the same, until after Six Months Notice given to the Owners of such Lots so facing or fronting the Water Lots as aforesaid, and their neglecting in that Time to apply for Deeds for them.

VIII. And whereas his Excellency the Governor, and the other Public Officers of Government, do not at present reside or keep their Offices in Edenton, whereby Eight Acres of Land, or there about, in the said Town, heretofore appropriated to the Use of the Governor, or Commander in Chief for the Time being, are not applied to any Use or Purpose whatsoever, but would greatly contribute to the better Settlement of the Town, were the Commissioners invested with Power to dispose of the same; and of late Years the Lands in some Parts of the said Town, adjacent to the Water has increased, but not being within the Plan thereof cannot be disposed of to such as are desirous to purchase the same; Be it therefore Enacted, by the Authority aforesaid, That from and after the passing of this Act it shall and may be Lawful for the Commissioners of Edenton, or a Majority of them, to cause the said Eight Acres of Land, more or less, heretofore appropriated as aforesaid, to be laid out in such Lots as they shall think most convenient, and cause a Plan thereof to be made and therein insert Marks and Numbers to the Lots in the same contained; which Lots so laid out, shall be by the Commissioners, or a Majority of them, on the Third Day of the next Supreme Court to be held at Edenton, sold in separate Lots, at Public Auction; and the said Commissioners shall make and execute Deeds for the granting and conveying the same to the Purchaser or Purchasers, and to his or their heirs or Assigns, forever, without any Condition or Reservation whatsoever; and the Money arising by such Sale shall be applied as herein directed, and the Deeds which shall be so executed shall, and are hereby declared to be good and valid in Law, and shall effectually convey the Fee-Simple of the Lots in the same mentioned to the Grantees, their Heirs and Assigns, forever; any Law or Statute, to the Contrary, notwithstanding.

IX. And be it further Enacted, by the Authority aforesaid, That the Commissioners, or a Majority of them, shall, and they are hereby directed, to cause such Land adjacent to the Water as has increased, and is not contained within the present Plan of the said Town, to be laid out in such Lots as they shall think most suitable and convenient, and cause a Plan of such Lots to be made, with Marks and Numbers to the same inserted, and shall on Application, by Deeds of Conveyance, grant and convey the same in such Manner, and under the like Conditions, as is hereinbefore directed in the granting of such vacant Lots as are contained in the present Plan of the said Town, and have not been heretofore appropriated to the Use of the Governor or Commander in Chief, as is before recited; and all Deeds which shall be executed for the same, shall, and are hereby declared to be good and valid in Law, and shall effectually convey the Fee-Simple thereof to the Grantees, their Heirs and Assigns, forever, on complying with and fulfilling the Conditions to be expressed in the same Deeds; and all Lots to be granted by Virtue of this Act shall be deemed and reputed to be within the Bounds of the said Town, and the Owners thereof shall at all Times be subject to

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the same Duties, Taxations, and Impositions, and intitled to the same Rights and Privileges, as the Owners of Lots already granted.

X. And to prevent Disputes in respect to Grantees of any Lots, or those who claim under such Grantees, having complied with the Conditions in the Deeds by which the same have been, or shall be granted; Be it Enacted by the Authority aforesaid, That in all Cases where a Certificate shall be had from the Commissioners, or a Majority of them, or Oath shall be made in the County Court of Chowan, by one credible Witness, that any Lot or Lots hath or have been saved according to the Conditions of the Deed or Deeds by which the same is, are or shall be granted, such Certificate, or a Copy of the Record of such Oath, shall in all Courts of Law or Equity, be deemed and held to be legal Evidence, that the Conditions of such Deed or Deeds have been fulfilled and complied with.

XI. And be it further Enacted, by the Authority aforesaid, That the Several Parts within the present Plan of the said Town, laid out for Streets, Passages, the Church, Council Room, Burying Place, Market Place, Court House, Prison, and Common, be reserved for those Uses and no other.

XII. And be it further Enacted, by the Authority aforesaid, That the Commissioners or a Majority of them may, and they are hereby impowered, annually on the Second Tuesday in January, to lay a Tax on each Male Taxable in the said Town, not exceeding One Shilling and Six Pence, Proclamation Money, to be applied towards the Expence of building and repairing Public Wharfs, a Market House, or to defray other Public Charges in the said Town; which Tax shall be collected by such Person as they shall appoint, who shall demand the same; and in Case of Refusal or Neglect after such Demand, levy the same by distress and Sale of the Goods of the Person or Persons so refusing or Neglecting, and shall account for the same to the Commissioners, on Oath.

XIII. And be it further Enacted, by the Authority aforesaid, That each and every Person or Persons possessed, or who shall be hereafter possessed of any Lot or Lots in the said Town, not yet cleared, shall, within the space of Six Months after the passing of this Act, where they are at present in Possession, and within Six Months after the Date of their Deeds, for any Lots hereafter to be granted, cut down all Brush thereon growing, and once in each year do the same, under the Penalty of Five Shillings, Proclamation Money, for each Neglect; to be recovered and applied as is hereinafter directed.

XIV. And to prevent Annoyances and Nuisances, Be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall throw out, or lay in any Public Street, or upon any Public Place in the said Town, any Dirt, Rubbish, Dust or Mortar, except such as are building or repairing Houses, every Person so offending, shall forfeit to the Commissioners of the said Town, for every Offence, Ten Shillings, Proclamation Money, to be recovered and applied as is hereinafter directed; and if any such Offence is committed by any Servant or Slave, such Servant or Slave shall be punished by whipping, not exceeding Thirty Lashes, by Direction of Two Justices of the Peace, provided the Master or Mistress refuses to pay the said Fine.

XV. And be it further Enacted, by the Authority aforesaid, That as often as the Overseer of the Roads or Streets in the said Town shall summon the Male Taxables thereof to clear the said Roads, Streets and Public Places, of all Woods, Weeds, Rubbish, or other Nuisances, or to repair or to mend the Streets or Bridges in the same, any Person refusing to observe the Overseer's Directions, except such as by Law are exempted from working on

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Public Roads in any County, he shall forfeit and pay for every Offence, the Sum of Ten Shillings, Proclamation Money, to be recovered and applied as is hereinafter directed.

XVI. And be it further Enacted, by the Authority aforesaid, That the Commissioners of the said Town shall within Six Months after the passing of this Act, lay out, or cause to be laid out, the Streets and Passages of the same and cause good Posts to be set up to ascertain the Bounds thereof.

XVII. And be it further Enacted by the Authority aforesaid, That the Commissioners of the said Town, or a Majority of them, may, and are hereby impowered, within One Year after the passing of this Act, to lay a Tax on each and every Person holding any Lot or Lots in the same, according to the Number of his or her Lots, not exceeding Five Shillings for each Lot, to be applied towards fencing or ditching in the said Town; and in Case any Person shall neglect or refuse to pay the same, he or she shall pay Two Shillings and Six Pence, over and above the said Tax, for each Lot he or she shall hold, to be recovered and applied as hereinafter directed.

XVIII. And be it further Enacted, by the Authority aforesaid, That if any Person, after the said Town shall be fenced or ditched in, shall voluntarily pull down, or destroy any Part of the Town, Fence, or Ditch, such Person shall forfeit and pay for every Offence Ten Pounds, Proclamation Money, to be recovered and applied as is hereinafter directed; and from and after that Time, it shall and may be lawful for any Person to take up and pound any Hogs, Shoats or Pigs, which shall be found ranging at large in the said Town so long as the Fence or Ditch shall be kept in good Repair; and the Hogs, Pigs, or Shoats, so taken up, shall be sold at Auction, and the Money arising thereby given by the Commissioners to the Poor of the Town.

XIX. And be it further Enacted, by the Authority aforesaid, That all Fines and Forfeitures in this Act mentioned, not exceeding Twenty Shillings, Proclamation Money, shall be recovered by a Warrant under the Hands and Seals of the Commissioners of the said Town, or a Majority of them; and all Fines and Forfeitures above Twenty Shillings, shall be recovered in any Court of Record, by Action of Debt, with Costs, by the said Commissioners.

XX. And be it further Enacted, by the Authority aforesaid, That all Fines and Forfeitures by this Act imposed, and not otherwise appropriated, and all Monies which shall arise by the Sale of any Lots to be granted by the Commissioners of the said Town, as is hereinbefore directed, shall, and are hereby directed, after their reasonable Charges and Expences are deducted to be applied towards building and keeping in Repair a Market House and Public Wharfs, and towards buying one or more Water Engines, Buckets, Ladders, and other Instruments, to be under the Care of the said Commissioners, for the Safety and Preservation of the said Town, in Case of Accidents of Fire, and to such other Uses as the said Commissioners shall think most for the Encouragement and Advancement thereof.

XXI. And whereas the Church in the said Town, partly built by the Charitable Donations of religious and well disposed Christians, for want of Money in the hands of the Commissioners, remains unfinished, and the present Vestry of St. Paul's Parish have neglected to lay a Tax for the finishing thereof; wherefore that the pious Intentions of the Donors may not be frustrated, in an undertaking so well intended for the Encouragement of Religion, Be it Enacted by the Authority aforesaid, That an Annual Tax of Two Shillings, Proclamation Money, shall be and is hereby laid on each taxable Person in the Parish of St. Paul in the County of Chowan, for Two Years next Ensueing, and shall be collected by the Sheriff in the same Manner that Public Taxes are collected, and shall be accounted for and paid by him to

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the Commissioners of the said Church, who shall, and are directed and required to apply the same towards finishing the said Church in a decent and workman-like Manner, and to call all former Commissioners, their Heirs, Executors, or Administrators, and others who have in their Hands any Money heretofore appropriated to that Use to Account; and on their failing to account and pay the same, on Motion to the Supreme Court at Edenton to obtain Judgment, and take out Execution against them for so much as there shall appear to be due from them, giving Ten Days previous Notice of such Motion to the Party against whom the same shall be made.

XXII. And be it further Enacted, by the Authority aforesaid, That the Commissioners appointed for finishing the said Church shall, once in Two Years, account to the Justices of Chowan County Court for all Money by the said Commissioners already received, or hereafter to be received, either on account of the donations made, or Taxes laid for building and finishing the same and for whatever Disbursements they have heretofore made, or shall hereafter make; and in Case of their failing to account as aforesaid, the said Justices shall and may maintain an Action against them for the Money they shll have received, and recover the same with Costs; and the Monies so recovered, shall be applied towards finishing the said Church, as is before directed.

CHAPTER XV.
An Act to limit the Time for holding County Courts, and other Purposes.

(Omitted.)

[Full text of this chapter is available at vol. 25, p. 341-342.]

CHAPTER XVI.
An Act to amend and continue an Act intituled, An Act for granting to his Majesty a Duty upon the Tonnage of Ships and other Vessels coming into this Province, for the purposes therein mentioned

I. Whereas, by an Act intituled an Act for granting to his Majesty a Duty upon the Tonnage of Ships and other Vessels coming into this Province, for the purposes therein mentioned the Method for ascertaining the Tonnage of Vessels is very deficient, and occasions Disputes between the receivers of the Duty and Masters of Vessels, and that it is necessary that Part of the Duty imposed by the said Act, be appropriated.

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That every receiver of the Duty upon the Tonnage of Ships or Vessels may be the better enabled to know the true Tonnage of every Ship or Vessel coming into the Ports of this Province, shall, and hath hereby full Power to cause every Master of such Ship or Vessel to come before him, and on Oath declare, to the best of his knowledge, the Length of the Keel, the Breadth by the Beam, and Depth of the Hold, which in Double Decked Ships or Vessels, shall be from the upper Deck to the Bottom of the Hold of his Ship or Vessel, whereby her Burthen may be truly calculated.

III. Provided nevertheless, That if any Master of a Vessel who shall not have Powder and Lead at the Time of clearing out at the Custom House, and shall make Oath, that he has not had it in his Power, in the Part from whence he came, or since he arrived in this Province, to procure Powder and Lead wherewith to pay the same; or that when he came from the last Port, he did not know that such a Duty was payable by Law in this Province; in

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which case the Powder receiver of the Port shall, and is hereby impowered to administer the said Oath, and in lieu of Powder and Lead, to take and receive of such Master, after the Rate of Two Shillings per Ton, in Proclamation Money: any Thing in this Act contained to the contrary notwithstanding; which Money so received, shall, by the Receiver, be laid out for Powder and lead to the best Advantage.

IV. And be it further Enacted, by the Authority aforesaid, That the Receivers of the Duty imposed in Virtue of the before recited Act, shall be allowed Two and a Half Per Cent. for the Storage of all such Powder and Lead, as they shall receive for the Duty imposed on Vessels coming into this Province, and shall also be allowed for all such Casks, as they shall be obliged to provide for the safe keeping of the said Powder and lead so received.

V. And be it further Enacted by the Authority aforesaid, That the aforesaid Act, from and after the Time therein appointed for the Expiration thereof, and every Clause thereof, except such as are hereby altered, shall continue and be in Force, for and during the Term or Space of Three Years and from thence to the end of the next Session of Assembly, and that this Act from the passing thereof, shall continue and be in Force for the same Space and Term.

CHAPTER XVII.
An Act for erecting a new Court House, Prison, Pillory, and Stocks in Pasquotank County, and other Purposes.

I. Whereas by Experience it is found that the Situation of the Court House in Pasquotank County is not central, and by Reason of a wide Ferry, often impassable, very inconvenient to the greatest Part of the Inhabitants: which, together with the ruinous Condition of the Court House, and the want of a Prison, lays the Inhabitants under great Hardships to continue the Court House at the Place where it now stands: For Remedy whereof,

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the Court of the County of Pasquotank shall have full power and Authority, and are hereby required, within Eighteen Months after the passing of this Act to erect a Court House, Prison, Pillory, and Stocks, for the use of the County, and to agree with workmen to build and finish the same, at Relf's Ferry, on the Land of Thomas Relf, in the said County.

III. And be it further Enacted, by the Authority aforesaid, that so soon as the said Court House, Prison, Pillory, and Stocks, shall be erected and finished, the Justices of the said County shall, and are hereby directed and required, to adjourn the said Court, by their Order, from the Place where the same is now held at Broomfield, to the Court House so to be erected and built on the land of the said Thomas Relf, by Virtue of this Act: and all Suits, Actions, Plaints, Pleas, and other Matters and Things, before the said Court then depending and Undetermined, shall stand adjourned and continued accordingly: and all and every Person and Persons having Day in the said Court, and all Witnesses, shall be bound and Obliged to appear at the same, according to such Adjournment.

IV. And be it further Enacted, by the Authority aforesaid, That the said Court shall, and are hereby required, to lay and levy a Tax on the taxable Persons in their County, sufficient to satisfy and pay the Contract that the

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said Court shall make and enter into for erecting the said buildings: which Tax shall be collected by the Sheriff of the said County, and by him accounted for as other Taxes are, for which he shall be allowed Five per Cent. for his Commissions.

V. And be it further Enacted, by the Authority aforesaid, That all and every Act and Acts, Clause or Article, heretofore made for anything within the Purview of this Act, is and are hereby repealed and made void

CHAPTER XVIII.
An Act to impower the Sheriff of Granville, and the Collector of the Taxes of St. John's Parish, to collect Public, County, and Parish Levies.

(Printed in Private Acts, post.)

CHAPTER XIX.
An Act for adjourning the County Court of Beaufort, and other Purposes.

(Printed in Private Acts, post.)

Rep.

CHAPTER XX.
An Act for dividing the Parish of St. Patrick, in the County of Johnston, into two distinct Parishes.

I. Whereas the Parish of St. Patrick, in the County of Johnston, is so extensive, that renders it almost impracticable for any Minister to serve the Cure thereof:

II. Be it therefore Enacted, by the Governor, Council, and Assembly and by the Authority of the same, That from and after the passing of this Act the said Parish of St. Patrick shall be divided as follows, to-wit, Beginning at Boykin's Ford, on Great Contentney Creek, and running a direct Line to the Mouth of Mill Creek, on Neuse River, and from thence a straight Line to the Head of Coheery, near Anthony Cock's: and that all that part of the said Parish of St. Patrick, as it now stands entire and undivided, which lies to the Eastward of the aforesaid Bounds, shall retain the Name of St. Patrick, and be one distinct Parish: And that all that part of the said Parish which lies to the Westward of the said Bounds, shall be one other distinct Parish, and be called by the Name of St. Stephen, and be exempt from all Dependencies, Offices, Charges, and Contributions, for or in respect of the said Parish of St. Patrick and all other Parochial Duties whatsoever relating to the same: and shall and may, from Time to Time, have, hold and exercise, the like Authorities and Powers, and possess and enjoy the same Immunities and Privileges, as other Parishes in this Province.

III. And be it further Enacted, by the Authority aforesaid, That the Vestry of the aforesaid Parish of St. Patrick, as it now is undivided and entire, shall from henceforth be, and is hereby dissolved and made void to all intents and Purposes.

Provided nevertheless, That all Acts of the said Vestry heretofore legally made and done, are hereby declared to be as good and valid, as if this Act had never been made.

IV. And be it further Enacted, by the Authority aforesaid, That the Freeholders of the said Parish of St. Patrick, as the same shall stand divided from

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the aforesaid Parish of St. Stephen, shall, and are hereby impowered and required, to meet at the Court House of the said County of Johnston, on the third Tuesday in November next, then and there to choose and elect Twelve Freeholders of the said Parish, to serve as Vestrymen of the same. And the Freeholders of the said Parish of St. Stephen shall, and they are hereby impowered and required, to meet at the House of Mr. Samuel Smith, on Neuse River, in the said Parish, on the fourth Tuesday in November next, then and there to elect and choose Twelve Freeholders of the said Parish, to serve as Vestrymen of the said Parish: Which Elections shall be made by the Sheriff of the said County of Johnston, under the like Rules and Restrictions, Pains and Penalties, as well in respect to the said Sheriff, as the Freeholders of the said Parishes, as other elections of Vestries in this Province are by Law appointed to be made. And the said Freeholders so elected for the said Parishes respectively, within forty days after being elected, shall, before a Magistrate of the said County of Johnston, take the Oaths by Law appointed to be taken for the Qualification of Public Officers, and repeat and subscribe the Declaration directed to be made by the Act of Assembly, intituled, An Act for appointing Parishes and Vestries for the Encouragement of an Orthodox Clergy, for the Advancement of the Protestant Religion, and for the Direction of the Settlement of Parish Accounts, and also repeat and subscribe the Test: and shall be, and are hereby declared, from thenceforth, to be the Vestries of the said Parishes respectively, until the usual time of electing Vestries in other Parishes; and shall and may, and are hereby required, to exercise and use the same Powers and Authorities, as other Vestries in this Province may, can, or ought to exercise; and shall be liable to the same Penalties and Forfeitures as other Vestries, or Persons elected Vestrymen, are in any Manner subject to. And the Vestrymen of the said Parishes respectively, or the Majority of them, when Qualified as aforesaid, shall choose Church Wardens for the said Parishes, who shall continue in Office until the usual Time of electing Church Wardens in the ensueing Year, at which Time the said Vestries shall again choose Church Wardens.

V. And be it further Enacted, by the Authority aforesaid, That all and every Act and Acts, and every Clause and Article therein, heretofore made, as far as relates to any Matter or Thing within the Purview of this Act, is and are hereby from henceforth repealed and made void.

CHAPTER XXI.
An Act for laying a Tax on the Inhabitants of the Parishes of St. Patrick and St. Stephen.

(Printed in Private Acts, post.)

CHAPTER XXII.
An Act to re-establish the Counties of Rowan, Cumberland, and Orange.

I. Whereas an Act for erecting the Upper Part of Anson County into a County and Parish, by the Name of Rowan County, and St. Luke's Parish, and for appointing a Place for holding a Court in the said County; an Act intitled, 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; and 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

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of St. Matthew, and for appointing Vestrymen for the said Parish, and other Purposes therein mentioned, have been repealed by an Act intitled, An Act for re-establishing several Counties and Towns, and for other Purposes: And whereas his Majesty has been graciously pleased, by his Royal instructions to authorize his Excellency the Governor to give His Assent to an Act to re-establish the Counties aforesaid.

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the several Divisions of Districts of this Province which have heretofore belonged to the respective Counties aforesaid, before the Repeal of the before recited Acts of Assembly, shall, and are hereby declared to be re-established into Counties, by the respective Names by which each County or District, at the Time of the Repealing the aforesaid Acts, was known and denominated; and each of the said Counties shall be limited and bounded according to the Bounds and Limits heretofore known and reputed to be the Bounds and Limits thereof.

III. And be it further Enacted, That all Deeds and Conveyances for the Conveying of any Lands, Lots, or Tenements, in either of the said Counties, to any Person or Persons whatsoever, either to the Use of the Public or to their own Use in Consequence of the said Acts of Assembly so repealed as aforesaid, shall and are hereby declared to be good and Valid in Law, and shall enure and take Effect as fully, to the Benefit of the Grantees, their Heirs and Assigns, and all other Persons concerned, as if the same had never been repealed.

IV. Provided always, That nothing herein contained shall be construed, deemed or taken, to alter or derogate from the Rights and Royal Prerogative of his Majesty, his Heirs or Successors, of granting Letters of Incorporation to the said Counties, and of ordering, appointing, and directing the election of a Member or Members to represent them in Assembly, and of granting Markets and Fairs to be kept and held in them respectively: but that the said Right and Prerogative shall and may at all times hereafter, be exercised therein by his said Majesty, his Heirs or Successors, in as full and ample Manner, to all Intents and Purposes whatsoever, as if this Act had never been made.

CHAPTER XXIII.
An Act for consolidating the Parishes of St. John and St. Peter, in the County of Pasquotank.

I. Whereas the Parishes of St. John and St. Peter, in the County of Pasquotank, by reason of the small Number of Taxables in them, are not able to support Clergymen to serve the respective Cures thereof:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the aforesaid Parishes of St. John and St. Peter shall be, and are hereby united and consolidated, and from and after the passing of this Act shall be united and Consolidated, and remain one entire Parish, and be called and known by the Name of the Parish of St. John; and shall and may, from Time to Time, have, hold, and exercise, the like Authorities and Powers, and possess and enjoy the same Immunities and Privileges, as any other Parish in this Province, And the Freeholders of the said Parish of St. John shall, and are hereby required, to meet at the Court House of the aforesaid County of Pasquotank, on the first Tuesday in December next, then and there to elect and choose Twelve Freeholders of the said

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Parish, to serve as Vestrymen thereof: which Election shall be made by the Sheriff of the said County of Pasquotank, under the like Rules and Restrictions, Pains and Penalties, as well in respect to the said Sheriff, as the freeholders of the said Parish, as other Elections of Vestries in this Province are by Law appointed to be made. And the said Freeholders so elected for the said Parish, within Forty days after being elected, shall, before a Magistrate of the said County of Pasquotank, take the Oaths by Law appointed to be taken for the Qualification of Public Officers, and repeat and subscribe the Declaration directed to be made by an Act of Assembly, intituled, An Act for appointing Parishes and Vestries for the Encouragement of an Orthodox Clergy, for the Advancement of the Protestant Religion, and for the Direction of the Settlement of Parish Accounts, and also repeat and subscribe the Test; and shall be, and are hereby declared from thenceforth to be the Vestry of the said Parish, until the usual Time of electing Vestrymen in other Parishes; and shall and may, and are hereby required, to exercise and use the same Powers and Authorities, as any other Vestry in this Province may, can, or ought to exercise, and shall be liable to the same Penalties and Forfeitures as other Vestries, or Persons elected Vestrymen are in any Manner subject to. And the Vestrymen of the said Parish, or the Majority of them, when qualified as aforesaid, shall choose Church Wardens of the said Parish, who shall continue in Office until the usual Time of electing Church Wardens in the ensueing Year, at which Time the said Vestry shall again choose Church Wardens.

III. And be it further Enacted, by the Authority aforesaid, That all and every other Act and Acts, Clause and Clauses thereof, heretofore made, for so much thereof as relates to any Matter or Thing within the Purview of this Act, is and are hereby from henceforth repealed and made void, to all Intents and Purposes.

CHAPTER XXIV.
An Act for dividing the Parish of Edgecomb, in the County of Edgecomb, into Distinct Parishes.

I. Whereas the Parish of Edgecomb, in the County of Edgecomb, is of such large extent, that no Minister will serve the Cure thereof:

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the passing of this Act, the said Parish of Edgecomb shall be divided as follows, to-wit: Beginning at Cuneta Creek, where the Line of the said Parish crosses the same, and up the said Creek, as it meanders, to the head thereof, and from thence a straight Course to Fishing Creek, at or near Michael Dorman's, and up the said Creek to the Line which divides the said Parish of Edgecomb from the Parish of St. John: and that all that part of the said Parish of Edgecomb, as it now stands entire and undivided, which lies to the Northward of the aforesaid Bounds, shall retain the Name of Edgecomb, and be one distinct Parish; and that all that part of the said Parish, which lies to the Southward of the said Bounds, shall be one distinct Parish, and be called by the Name of St. Mary, and be exempt from all Dependencies, Offices, Charges, or Contributions, for or in respect of the said Parish of Edgecomb, and all other Parochial Duties whatsoever, relating to the same; and shall and may, from Time to Time, have, hold, and exercise, the like Authorities and Powers. and possess and enjoy the same Immunities and Privileges as other Parishes in this Province.

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III. And be it further Enacted, by the Authority aforesaid, That the Vestry of the aforesaid Parish of Edgecomb, as it is now entire and undivided, shall from henceforth be, and is hereby dissolved and made void, to all Intents and Purposes: And The Freeholders of the said Parish of Edgecomb, as the same shall stand divided from the aforesaid Parish of St. Mary, shall, and are hereby impowered and required, to meet at the Court House of the said County of Edgecomb on the fourth Tuesday in November next, then and there to elect and choose Twelve Freeholders of the said Parish, to serve as vestrymen of the same. And the Freeholders of the said Parish, of St. Mary shall, and they are hereby impowered and required, to meet at the Chappel on Tar River, near Elias Fort's, in the said Parish, on the second Tuesday in December next, then and there to elect and choose Twelve Freeholders of the said Parish, to serve as Vestrymen of the said Parish: which elections shall be made by the Sheriff of the said County of Edgecomb, under the like Rules and Restrictions, Pains and Penalties, as well in respect to the said Sheriff, as the Freeholders of the said Parishes, as other elections of Vestries in this Province are by Law appointed to be made. And the said Freeholders so elected for the said Parishes respectively, within forty days after being elected, shall, before a Magistrate of the said County of Edgecomb, take the Oaths by Law appointed to be taken for the Qualification of public Officers, and repeat and subscribe the Declaration directed to be made by the Act of Assembly, intituled, an Act for appointing Parishes and Vestries, for the Encouragement of an Orthodox Clergy, for the advancement of the Protestant Religion, and for the Direction of the settlement of Parish Accounts, and also repeat and subscribe the Test, and shall be, and are hereby declared, from thenceforth, to be the Vestries of the said Parishes respectively, until the Usual Time of electing Vestrymen in other Parishes; and shall and may, and are hereby required, to exercise and use the same Powers and Authorities, as other Vestries in this Province may, can, or ought to exercise; and shall be liable to the same Penalties and forfeitures as other Vestries, or persons elected Vestrymen, are in any Manner subject to. And the Vestrymen of the said Parishes respectively or the majority of them, when qualified as aforesaid, shall choose Church Wardens for the said Parishes, who shall continue in Office until the Usual Time of electing Church Wardens in the ensueing year, at which Time the said Vestries shall again choose other Church Wardens

IV. And be it further Enacted, by the Authority aforesaid, That the said Vestries respectively shall, and are hereby required, to lay a Tax on the taxable Persons in their respective Parishes, sufficient to defray the Contingent Charges of them for the present Year; which Taxes shall be collected, accounted for and paid in the same Manner as other Parish Taxes; any Law to the contrary, notwithstanding.

V. And be it further Enacted, by the Authority aforesaid, That the Vestry of the said Parish of St. Mary shall and may take, receive, keep, to the use of the said Parish, all such sum or Sums of Money as have been collected of the Taxes imposed and laid by the present Vestry of the Parish of Edgecomb, and shall stand chargeable to the several Creditors of the same, for all Debts, Dues, and Demands, now owing from the said Parish, except such Debts as were owing from the said Parish of Edgecomb at the Commencement of the present Vestry of the said Parish; which said Debts shall be paid by the said Parishes of Edgecomb and St. Mary, in Proportion to the Number of Taxables in them respectively, at the Time of passing this Act.

VI. And whereas there is a considerable Sum of Money due to the said Parish of Edgecomb from John Pope, late Sheriff of Edgecomb County, and

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others, which ought to be equally divided amongst the Inhabitants of the aforesaid Parishes of Edgecomb and St. Mary, after the aforesaid Division takes Place; Be it Therefore Enacted, by the Authority aforesaid, That the said John Pope shall account for all Money by him owing to the said Parish of Edgecomb, and pay the same to the Honorable John Dawson, Esquire, and Robert Jones, Esquire, within one Month after the passing of this Act, who are hereby impowered, authorized, and required, to demand, take, and receive the same and in case the said John Pope, or the Person or Persons in Arrear as aforesaid, shall neglect or refuse to pay the same according to the Directions of this Act, it shall and may be lawful for the Supreme Court holden at Enfield, upon Motion of the said John Dawson and Robert Jones, to grant Judgment against the said John Pope, or other Person or Persons, for all such sums of Money as he or they have or ought to have received, as Collector of the said Parish of Edgecomb, and to award Execution thereupon.

VII. And be it further Enacted, by the Authority aforesaid, That the said John Dawson and Robert Jones, after they shall have received from the said John Pope, or any other Person or Persons, the Money aforesaid shall, and are hereby required, to pay and satisfy the same to the respective Vestries of the said Parishes of Edgecomb and St. Mary in proportion to the number of taxable persons in the said Parishes, after deducting Five per cent. for their Trouble in receiving and paying the same, and such Charges and expences as they shall be at in recovering the said Money.

Signed by
ARTHUR DOBBS, ESQ., Governor.
Matthew Rowan, President.
SAMUEL SWANN, Speaker.