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Acts of the North Carolina General Assembly, 1757
North Carolina. General Assembly
November 21, 1757 - December 14, 1757
Volume 23, Pages 476-482

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LAWS OF NORTH CAROLINA, 1757.

At a General Assembly begun and held at New Bern, on the Twelfth Day of December, in the Year of our Lord One Thousand Seven Hundred and Fifty Four, and from thence continued, by several Prorogations, to the Twenty First Day of November, in the Year of our Lord One Thousand Seven Hundred and Fifty Seven: Being the Fifth Session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.
An Act for granting a further Aid to his Majesty, for subsisting the Forces necessary to be kept in the Pay of this Province, and for other Purposes.

(Omitted.)

[Full text of this chapter is available at vol. 25, p. 350-352.]

CHAPTER II.
An Act to enable the Commissioners of Fort Johnston and Fort Granville to finish the Forts, and to erect Barracks for accommodating the Troops in the same.

I. Whereas the Commissioners appointed to build Fort Johnston and Fort Granville have not Public Money in their Hands to finish the said Forts and it will be several Years before the Taxes laid for raising the same will be paid:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the said Commissioners of Fort Johnston shall and may, from Time to Time, order and direct the Powder Receiver in Port Brunswick to sell and dispose of, at Public Vendue, Powder and Lead by him received, and to be received, to the amount of such Sum and Sums as they shall find necessary for finishing and repairing Fort Johnston and order the Monies arising by such Sale, and other Monies received, or to be received by the said Receiver on Account of the said Duty to be paid to such Person or Persons as they shall think proper, to be applied to finishing and repairing the said Fort, and for erecting and building Barracks for the accommodating such Troops as now are, or hereafter may be employed in garrisoning and defending the said Fort.

III. And be it further Enacted, by the Authority aforesaid, That the Commissioners of Fort Granville shall and may order and direct the several Powder Receivers of Port Roanoke, Port Bath, and Port Beaufort, from Time to Time, to sell and dispose of at Public Vendue, Powder and Lead by them respectively received, or to be received, to the amount of such Sum or Sums in the said several Ports respectively, as the said last Commissioners shall find necessary for finishing and repairing Fort Granville; and order the Monies arising on such Sales, and any other Monies received, or to be received by the Receivers of the said Ports, to be paid to such Person or Persons as they shall think proper, to be applied to finishing and repairing Fort Granville aforesaid, and for erecting and building Barracks for accommodating such Troops as now are or hereafter shall be employed in Garrisoning and defending the said Fort, reserving so much as they shall think necessary

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for the Use of the same; any Act of Assembly, to the contrary, notwithstanding.

IV. And be it further Enacted by the Authority aforesaid, That every of the said Receivers shall give Public Notice, by Advertisement, Ten Days before he shall make sale of any Powder and Lead by this Act directed to be sold.

CHAPTER III.
An Act for further amending an Act intituled An Act for amending the Staple of Tobacco, and preventing Frauds in his Majesty's Customs.

I. Whereas the Provision made by one Act of Assembly made in the Twenty Eighth Year of his Present Majesty's Reign, intituled, An Act for amending the Staple of Tobacco, and preventing Frauds in his Majesty's Customs, hath not proved sufficient to prevent the pernicious Practice of exporting bad and unmerchantable Tobacco.

II. Be it therefore Enacted, by the Governor, Council, and Assembly and by the Authority of the same, That from and after the First Day of January next all Tobacco which shall be sold, bartered or exchanged, shall be first brought to some or one of the public Warehouses established by Law, and there viewed and inspected according to the Directions of the said Act. And all and every Person or Persons who shall presume to buy, sell, barter or exchange any Tobacco, before the same hath been viewed and inspected as aforesaid, shall forfeit and pay Twenty Shillings, Proclamation Money, for every Hundred Weight of such Tobacco, and so proportionably for a greater or less quantity to the Informer, To be recovered if it doth not exceed Twenty Five Shillings, Proclamation Money, before a Justice of the Peace: any if it doth exceed the said Sum, by Action of Debt, wherein the Plaintiff shall recover his Costs; and the Onus Probandi, as to the Tobacco sold, bartered or exchanged, being duly inspected, shall lie on the Defendant.

III. And be it further Enacted, That no Tobacco on any Pretence whatsoever, shall be carried or transported by Water, past any Public Warehouse, to be inspected out of the District where the same is, or shall be made; and if so carried or transported, shall not be inspected or passed, by any inspector's knowing the same to be made out of such District, upon Pain of forfeiting (by the Owner who shall carry or transport the same, and the Inspectors who shall pass such Tobacco, respectively), the Sum of Five Pounds, Proclamation Money, for every Hogshead, Case or Package of the said Tobacco, to the Informer; to be recovered by Action of Debt, with Costs in any Court of Record: And moreover, every Hogshead, Case or Package of such Tobacco, shall be forfeited to the Person or Persons who shall make Information thereof, and may be seized by a Warrant from any Justice of the Peace.

IV. And be it further Enacted, by the Authority aforesad, That no Tobacco which shall be brought to any Public Warehouse, and refused by the Inspectors officiating there, shall be carried away or removed therefrom, before the same shall be separated and picked according to the Directions of the aforementioned Act; And every Person and Persons who shall carry away or remove any Tobacco so refused from any Public Warehouse, contrary to the true Intent and Meaning of this Act, shall forfeit One Hundred Pounds, to be recovered by Action of Debt, in the Supreme Court; one Half to the Use of his Majesty, for and towards defraying the contingent Charges of Government, and the other Half to the Use of such Person as will sue for the same.

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V. And whereas the Public Warehouse at Ragland's in Northampton County, is found, by experience, to be situated at a place inconvenient for the inhabitants of the said County; wherefore Be it Enacted by the Authority aforesaid, That from and after the First Day of October next, the said Warehouse shall be discontinued and cease to be a Public Warehouse.

VI. And whereas the Plantation which did belong to Robert and John Lyde, in the said County, and now owned by Robert Jones, of the said County, Esq.; has been represented to this Assembly as a Convenient Place for erecting thereat a Public Warehouse; and the said Robert Jones having given his consent that a Warehouse, for the Use of the Public, should be built at the said Plantation; Be it therefore Enacted by the Authority aforesaid, That the Justices of the County Court of Northampton, do cause a Public Warehouse to be erected and built at the Plantation aforesaid and appoint Inspectors to attend the same; which Warehouse when erected shall be deemed a Public Warehouse; and the Inspectors to be appointed to attend the same, shall be under the same Regulations and Restrictions, and intitled to the same Salaries and Emoluments, as is appointed and directed by this Act for other Inspectors attending Public Warehouses in the said Counties; any Act of Assembly to the contrary notwithstanding.

VII. And whereas by reason of the great Quantities of Tobacco brought to the Inspections at Buckston's and the Pitch Landing, on Meherrin, in Northampton County, and Elbeck's, in Edgecomb County, the Inspectors officiating at the said Inspections, cannot discharge the Duty of their respective Offices within the Time limited by the Aforesaid Act: Be it therefore further Enacted, by the Authority aforesaid, That from and after the Passing of this Act, the Inspectors of the said respective Inspections, shall constantly attend their Duty, from the First Day of March to the Twenty fifty Day of May; and from the Twentieth Day of October to the Tenth Day of January, Yearly; Sundays and Holy Days excepted.

VIII. And be it further Enacted, That there shall be paid to the several Inspectors attending the said Inspections, the Sum of Twenty Pounds, Proclamation Money, instead of the Salary by Law now established.

IX. And be it further Enacted, That the Justices of each and every other County, where there are Public Warehouses, shall and they are hereby impowered to enlarge or diminish the Salaries, and Time for attendance of Inspectors, as they shall think reasonable and convenient.

X. And be it further Enacted, That the Rent by the said Act directed to be paid, for every Hogshead of Tobacco received, inspected and delivered out of the Public Warehouses, respectively, shall be paid and satisfied by the Inspectors, out of the three Shillings per Hogshead, by the said Act appointed to be paid by the Shipper thereof.

XI. And be it further Enacted, by the Authority aforesaid, That when any Action shall be commenced and prosecuted against any Person founded on this Act, such Person shall not be enlarged out of Custody until he shall have given Bail to such Action; any Law or Custom to the contrary notwithstanding.

XII. And whereas Merchants and others have suffered greatly in the Counties of Edgecomb, Northampton, and Bertie, from having Tobacco weighed with Steelyards; Be it Enacted by the Authority aforesaid, That the Justices of the said Counties shall, at the expence of their respective Counties, cause Scales and Weights to be bought, for the Use of such Warehouses as are not already supplied therewith; and the Inspectors shall not, after they shall be furnished with the same, presume to weigh Tobacco with Steelyards.

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CHAPTER IV.
An Act to Impower the Justices of the Supreme Court to take the Acknowledgement of Proof of Deeds and for Allowing them a Salary.

(Omitted.)

[Full text of this chapter is available at vol. 25, p. 352-353.]

CHAPTER V.
An Act for establishing a Town on the Land of James Leslie, on Roanoke River.

(Printed in Private Acts, post.)

CHAPTER VI.
An Act for the better establishing a Ferry on the North East Side of the North West River of Cape Fear, being the Place Commonly Called or Known by the Name of Dawson's Ferry.

(Printed in Private Acts, post.)

CHAPTER VII.
An Act to obviate Doubts concerning Fees due on Proceedings in the Supreme Courts of Justice, Oyer and Terminer, and General Gaol Delivery.

I. Whereas it has been doubted, from the Practice of former Times, whether on the Death or Removal of a Chief Justice, the Executors or Administrators of such deceased Chief Justice, or any Chief Justice removed from his said Office, were intitled to have and receive the Fees which accrued and became due on suits and proceedings in the Supreme Courts of Justice, Oyer and Terminer, and General Gaol Delivery, of this Province, where such Suits and Proceedings were not finally determined during the Time such Chief Justice so deceased or removed, continued in Office: To obviate such Doubts for the Future,

II. Be it Enacted by the Governor, Council, and Assembly, and the Authority of the same, That when any Chief Justice of this Province hath departed this life, or shall happen to die during the time of his Continuance in Office, or hath been, or shall be removed therefrom, it shall and may be lawful for the Executors, Administrators, or Assigns, of such Chief Justice so deceased, or which shall depart this life as aforesaid, and for such Chief Justice as hath been, or shall be removed from his said Office, to have, take and receive, to his or their own Proper Use, all Fees and Perquisites whatsoever accrued and become due, or which shall accrue and become due, on the several Suits and Proceedings in the Respective Courts of Justice, Oyer and Terminer, and General Gaol Delivery, of this Province, at the Time of the Death or Removal of any Chief Justice, although such Suits and Proceedings, at such Time or Times, were or shall not be, finally determined.

III. And be it further Enacted, by the Authority aforesaid, That when any Chief Justice hath departed this Life, or shall happen to die during his Continuance in Office, or hath been, or shall be removed therefrom, the Executors, Administrators, or Assigns, of such Chief Justice so deceased, or which shall die as aforesaid; and every Chief Justice which hath been, or shall be removed from his Office, shall and may have the like Relief, Remedy, and Proceedings, for all such Fees and Perquisites to them respectively due,

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as can or may be had by any Chief Justice during the Time of his continuing in the said Office.

CHAPTER VIII.
An Act for preserving Peace, and continueing a good Correspondence with the Indians in Alliance with his Majesty's Subjects. Repealed.

[Full text of this chapter is available at vol. 25, p. 352-353.]

CHAPTER IX.
An Act for adding Part of Beaufort to Craven County, for ascertaining the dividing Line between the said Counties.

I. Whereas the Inhabitants of that Part of Beaufort County, lying between Bay River and Lower Broad Creek, are, by Reason of the Removal of the Court of the said County at a very great Distance from the same, and are often put to great Hardships and Fatigue in attending their County Court at such a Distance; and whereas it would be much more convenient for the said Inhabitants, if that Part of the said County of Beaufort was added to Craven County:

II. Be it therefore Enacted, by the Governor, Council, and Assembly and it is hereby Enacted, by the Authority of the same, That that part of the said County of Beaufort, lying between Bay River and lower Broad Creek as aforesaid, be from henceforth deemed, held, and taken to be part of Craven County; and that the Inhabitants thereof be subject and liable to the same Rules, Orders and Taxes, as any other of the Inhabitants of the said County of Craven now are, or shall hereafter be, subject or liable to: Any Law, Usage or Custom, to the contrary, notwithstanding.

III. And whereas the Bounds of the said Counties of Beaufort and Craven are very uncertain, by reason of a dividing Line between the same never being as yet properly ascertained; Be it therefore Enacted, by the Authority aforesaid, That from henceforward the Bounds of the said Counties be by Bay River, from the Mouth thereof, up the main Westermost Branch, to the Head; thence by the Flat Swamp that makes from the Head of the said River; and from the head of the said Flat Swamp, by a Line to be run nearly equi-distant between Tar and Neuse Rivers; and that Mr. John Hardy and Mr. Joseph Bryan are hereby appointed Commissioners for running the said Line, which shall be at the Expence of each County respectively.

CHAPTER X.
An Act to Amend an Act intituled 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.

(Printed in Private Acts, post.)

CHAPTER XI.
An Act to enable the Commissioners of the Church of Edenton to discharge the Contracts by them made concerning the finishing the same.

(Printed in Private Acts, post.)

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CHAPTER XII.
An Act to repeal an Act intituled An Act for destroying Vermin in this Province.

I. Whereas an Act intituled, An Act for destroying Vermin in this Province, is found not to answer the good purposes intended thereby;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, and it is hereby Enacted, That the said Act of Assembly, intituled An Act for destroying Vermin in this Province, be, and the said Act is henceforth repealed, and declared to be null and void.

CHAPTER XIII.
An Act to dock the Intail of certain Lands now in possession of Harding Jones, under a devise in the Will of Frederick Jones, Esq., his Grandfather, deceased, by whom the same were intailed.

I. Whereas Frederick Jones, Esq., late of this Province, deceased, being in his Lifetime seized in his Demesne, as of Fee Simple, of in and to certain large Tracts of Land, lying and being in that Part of Chowan Precinct now called Tyrrell County, and in Hyde and Craven Counties; and being so seized the said Frederick Jones did, by his last Will and Testament, bearing Date the Ninth Day of April, in the Year of our Lord One Thousand Seven Hundred and Twenty Two, devise to his son William Harding Jones, in Tail-Male, all his Lands on the South Side of Morattuck River, and all his lands in Hyde Precinct; and in Default of Heirs Male of the said William Harding Jones, devised the Remainder of the said Lands, in Tail-Male, to his son Frederick Jones; and by the same Will the Testator devised all his Lands in Craven Precinct, in Tail-Male to his said son Frederick; and the said William Harding Jones, after the Death of the said Testator in Consequence of the said Devise, became seized of the Lands devised to him as aforesaid, and died seized thereof, without issue, in the lifetime of the said Frederick Jones, to whom the Remainder was limited as aforesaid, Which said Frederick under the said several Devises, became seized of the said several Tracts of Land, in his lifetime, and soon after died so seized, leaving Male Issue Two Sons, to-wit, Harding Jones and Frederick Jones, which said Harding Jones is now seized, in Tail-Male, of, in, and to all the Lands before mentioned; and the said Harding Jones, and the said Frederick Jones who, by the will of the said Testator in Default of Heirs Male of the said Harding Jones, will be intitled to the lands aforesaid, having by their Petition, set forth to this Assembly, that there is a large Arrear of Quit-rents due on the said Lands, and that they are unimproved, and will be burthensome and useless, unless Part of the said Lands may be sold to raise Money to discharge the Quitrents due aforesaid, and to improve the remaining part of them; and the Allegations of the said Petition having been fully made known:

II. We pray your most Excellent Majesty that it may be Enacted, And be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the Intailment of the said Lands, in the several Counties aforesaid, so holden and possessed by the said Harding Jones, by Virtue of the Will of his Grandfather Frederick Jones, the Testator (except One Thousand Acres thereof, lying and being on Trent River, in Craven County, bounded by a Line beginning at an Oak on the Head of Reedy Branch, running

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by a Line of Marked Trees to the Head of Hood's Creek; then down the Meanders of the said Creek to Trent River; then up Trent River to the Mouth of Reedy Branch; then up Reedy Branch to the First Station) be docked and barred; and that it shall and may be lawful for the said Harding Jones to sell and convey the same or any Part thereof, in Fee Simple, in order to enable him to discharge the arrears of Quitrents due thereon, and to improve the remaining Part of the same, for the Benefit and Advantage of those who may hereafter, in Remainder or Reversion, be interested therein; and all Deeds by him hereafter made for conveying the same, shall be good and effectual in Law, to convey the Lands by the said Deeds to be granted to the Grantees, their Heirs and Assigns forever; any Thing in the said Will of the said Frederick Jones, deceased, Grandfather of the said Petitions, contained notwithstanding.

III. Provided nevertheless, That nothing herein contained shall be construed to destroy or take away the Right of his Majesty, his Heirs and Successors, nor the right of any Body, politic or corporate, nor that of any other Person or Persons, in and to the said several Tracts of Land (except that of the said Harding Jones and Frederick Jones, their, or either of their Heirs and the right of those claiming, or to claim, under them, or any or either of them, in virtue of the Intailment in the said Will mentioned) but the Right, Title, and Interest, which his Majesty, his Heirs and Successors, or any Bodies, politic or corporate, or any other Person or Persons (except the said Harding Jones and Frederick Jones, their, or either of their Heirs, and all claiming under them, or any or either of them, by virtue of the said Intailment) may have in and to the said several Tracts of Land, is hereby saved, secured, and reserved; any Thing in this Act, to the contrary, notwithstanding.

IV. Provided also, That this Act shall not take Effect, or be in Force until his Majesty's Approbation be had to the same.

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