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Acts of the North Carolina General Assembly, 1758
North Carolina. General Assembly
November 23, 1758 - December 23, 1758
Volume 23, Pages 485-501

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LAWS OF NORTH CAROLINA, 1758.

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 Twenty Third Day of November, in the Year of our Lord One Thousand Seven Hundred and Fifty Eight, then held at Edenton: Being the Seventh Session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.
An Act for granting an aid to his Majesty, for placing proper Garrisons in the Forts Johnston and Granville; and for other Purposes.

(Omitted.)

[Full text of this chapter is available at vol. 25, p. 370-372.]

CHAPTER II.
An Act for making better Provision for the Clergy.

(Omitted.)

[Full text of this chapter is available at vol. 25, p. 372-373.]

CHAPTER III.
An Act for erecting a City on Neuse River, upon the Plantation called Tower Hill, fixing the Seat of Government therein, and building a Governor's House and Public Offices in the same.

(Omitted.)

[Full text of this chapter is available at vol. 25, p. 373-378.]

CHAPTER IV.
An Act to regulate the Inspection of Pork, Beef, Rice, Flour, Butter, Indigo, Tar, Pitch, Turpentine, Staves, Headings, Shingles, Lumber, and Deer Skins. Exp.

[Full text of this chapter is available at vol. 25, p. 378-387.]

CHAPTER V.
An Act for encouraging the building of Public Mills, and directing the Duty of Millers.

I. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That every Water Grist-Mill already built, or which shall hereafter be built that hath, or shall at any Time grind for Toll, shall be held and deemed, and is hereby declared to be a Public Mill.

II. Be it further Enacted, by the Authority aforesaid, That it shall not be lawful for any Person or Persons hereafter to erect or build any Public Water Grist Mill, without first obtaining an Order of the County Court for that Purpose, in Manner by this Act directed, that is to say, Any Person willing to build such Mill on some convenient Run, who hath Land on both sides thereof, shall exhibit a Petition to the County Court for Leave to build such Mill;

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which Court is hereby impowered to examine into the Allegations of such Petition, and to grant or deny such Leave to the said Petitioner, as to them shall seem just and reasonable.

III. And be it further Enacted, by the Authority aforesaid, That any Person willing to build such Mill, who hath Land only on one Side of a Run, shall exhibit his Petition to the County Court in Manner aforesaid, and therein shew who is the Proprietor of the Land on the opposite Side of the Run; whereupon a Summons shall issue to such Proprietor to appear at the next Court, and answer the Allegations of such Petition; and the Court also, at the same Time, shall order four honest Freeholders to lay off, view and value, on Oath, an Acre of the Land of such Proprietor, and also an Acre of the Land of the Petitioner, opposite thereto, and to report their opinion and Proceedings thereon to the Next Court, and thereupon the Court shall order the said Report to be recorded; and if it take not away Houses, Orchards, Gardens, or other immediate Conveniences, shall and may, and are hereby impowered and authorized, to grant Leave to the Petitioner, or such Proprietor, to erect such Mill at the Place proposed, as in their Discretion shall seem reasonable, and to order the costs of such Petition to be paid by the Person to whom such leave shall be granted.

IV. Provided always, That the Person to whom such leave is granted, shall pay down in Court, for the Acre of Land he shall obtain thereby, the Valuation Money, and procure a Record to be made therof; which shall be a good and effectual Seisin in Law, to create to such Person, his Heirs and Assigns a Fee-Simple in such Acre of Land.

V. Provided, nevertheless, That it shall not be lawful for any Court to grant Leave to any Person to erect a Mill within Two Miles above, and Two Miles below, or so as to overflow any other Mill erected on the same Run; any Thing herein contained, to the contrary, notwithstanding.

VI. Provided also, That the Person so being seized shall, within One Year, begin to build a Water Mill, and finish the same within Three Years, and shall thereafter keep up the same for the Use and Ease of all such as shall be Customers to it, otherwise the said Land shall return to the Person from whom it was taken, or to such other Persons as shall have his Right; unless the Time for finishing the same, for reasons shewn to, and approved of by the Court, be enlarged.

VII. Provided likewise, That if any Water Mill, belonging to any Person within the Age of Twenty One Years, Feme Covert, Non Compos Mentis, or imprisoned, be let fall, burnt or destroyed, that then such Person or Persons and their Heir or Heirs, shall have Three Years to rebuild and repair such Mill, after his or their full Age, discoverture, coming of sound Mind, or Enlargement out of Prison.

VIII. And be it further Enacted, by the Authority aforesaid, That if any Person shall think himself aggrieved by the Order of Determination of the County Court, he may appeal therefrom to the next Supreme Court of Justice, Oyer and Terminer, and General Gaol Delivery, for the District in which the said Land doth lie, giving Bond and Security as usual; which Court shall and is hereby authorized and impowered, to take Cognizance of the same and to affirm such Order or reverse the same, and to give such Judgment therein as the County Court ought to have rendered.

IX. And whereas it hath heretofore frequently happened that a Person desirous of building a Water Mill, and having Land on one Side of a Run only, hath by order of the County Court, obtained an Acre of the Land on the opposite Side of the Run for that Purpose, which order is held not to be

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warranted by the Laws now in Force: For Quieting the Owners of such Mills in the peaceable possession thereof, Be it further Enacted by the Authority aforesaid, That every Person who hath built any such Mill in Consequence of any such Order, and hath actually paid the Money according to the valuation of such Acre of Land, shall be, and is hereby declared to stand seized thereof, to him, his Heirs and Assigns, in Fee Simple, in the same Manner, and under the same Restrictions, Limitations, and Conditions, as if the same had been originally granted by Virtue of the Powers and Authorities of this Act

X. Provided, also, That where any Owner or Owners of a Mill already built, or that shall hereafter be built, shall conceive himself injured by the building of any other Water Mill by any Person or Persons on the same Stream, it shall and may be lawful for the Party injured to bring his Action on the Case against the Owner or Owners of such latter built Mill, in the same Manner as he might have done before the passing of this Act; any Thing herein contained, to the contrary, in any wise, notwithstanding.

XI. And to prevent Abuses by evil-minded, covetous, and exacting Millers, or Owners of Mills; Be it Enacted by the Authority aforesaid, That all Millers shall grind according to turn; and shall well and sufficiently grind the Grain brought to their Mills, if Water will permit; and shall take no more Toll for grinding than One Eighth Part of the Wheat, and one Sixth Part of the Indian Corn; and every Miller, or Keeper of a Mill, making Default herein, viz., not grinding according to Turn, not well and sufficiently grinding the Grain, if Water will permit as aforesaid, or exacting or taking more Toll than is herein set down and allowed, shall for every such Offence forfeit and pay Fifteen Shillings, Proclamation Money, to the Party Injured; to be recovered before a Justice of the Peace of the County wherein such Offence is committed, with Costs.

XII. Provided, always, That it shall be in the Power of the Owner of any such Mill to grind, or cause to be ground, his own Grain, at any Time he thinks fit any Thing in this Act, to the contrary, notwithstanding.

XIII. And for the better Discovery of such exacting Millers; Be it Enacted by the Authority aforesaid, and it is hereby Enacted, That all Millers shall keep in their Mills the following Measures, viz.: An Half Bushel and Peck tried and stamped by the Keeper of the Standard of the County wherein such Mill is; and two Toll Dishes for each Measure, one for Wheat, that shall not hold more than One-Eighth Part of each Measure, and one for Indian Corn, that shall not hold more than One Sixth Part of each Measure: And every Owner by himself, Servant or Slave, keeping any Mill and shall be lawfully convicted of keeping false Toll Dishes, contrary to the Intent and Meaning of this Act, shall forfeit and pay the Party injured Fifteen Shillings. Proclamation Money, to be recovered by a Warrant from a Justice of the Peace as aforesaid: And if in such Case such a Miller is a free Person, and keep such a Mill for a Share, or for Hire, and is guilty of any of the above Offences, it shall be lawful for the Owners to stop so much of his Share or Hire as will be sufficient to reimburse himself for such Fine or Fines as he shall become answerable for, with all the Charges that shall become due thereon.

XIV. And be it further Enacted, by the Authority aforesaid, That all other Act or Acts heretofore made, as far as they relate to Public Mills, are hereby from henceforth repealed, and made null and void.

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CHAPTER VI.
An Act for establishing a Warehouse, for the Inspection of Tobacco, on the Land of Thomas Barnes, in the County of Halifax; and other purposes.

I. Whereas establishing a Public Inspection for Tobacco on Roanoke River, on the Land of Thomas Barnes, will be of Advantage to many Planters in the County of Halifax:

II. Be it Enacted by the Governor, Council, and Assembly and by the Authority of the same, That the Justices of the said County, before the Twentieth Day of October Next ensuing, shall, and are hereby impowered and directed, to build and erect, or cause to be built and erected, on the Land of Thomas Barnes on Roanoke River, a Warehouse and other Conveniences, fit and necessary for the reception, Inspection and Safe keeping of all such Tobacco as shall be brought to the same; and the said Warehouse when so erected, shall and is hereby declared to be a Public Warehouse.

III. And be it further Enacted, That the said Warehouse, and the Warehouse of Kehuky, shall be under one Inspection; and the Justices of the said County shall and are hereby impowered and directed, at the Time of appointing Inspectors for the said Inspections, to direct and order how the said Inspectors shall give their Attendance at the said Warehouses respectively.

IV. And whereas the Allowance by Law made to the Inspectors attending the Inspection at Pitch Landing, in Northampton County, is more than an Equivalent for the Service they perform; Be it further Enacted by the Authority aforesaid, That the said Inspectors respectively shall be allowed the Salary of Twelve Pounds per Annum, and no more; any Law to the contrary notwithstanding.

V. And be it further Enacted, by the Authority aforesaid, That the Inspectors at each Public Inspection of Tobacco in this Province, shall be allowed to their own proper Use, the Sum of Two Shillings, Proclamation Money, for every Hogshead of Tobacco re-prized or paid away in Discharge of Transfer Notes, out of the Five Shillings appointed by Law to be paid by the Person receiving the same; any Law, Custom, or Usage to the contrary notwithstanding.

CHAPTER VII.
An additional Act to an Act, intituled, An Act concerning Servants and Slaves.

I. Whereas many great Charges have arisen to the Province by Punishment of Slaves, who having Liberty from their Owners to hire themselves out, and having committed Robberies; by the Importation of Slaves from Foreign Parts for Crimes by them committed; by the condemnation of Slaves to Death for capital Crimes, for want of a punishment adequate to the Crimes they have been guilty of; and by the High Valuation of Slaves condemned to Death, or killed by Virtue of an Outlawry;

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That no Person who shall Permit any Slave to hire himself or herself out, shall be intitled to receive any Pay from the Public, should they be punished for any Crimes by them committed during the Time of such Permission; any Usage or Custom, to the contrary, notwithstanding.

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III. And be it further Enacted, by the Authority aforesaid, That no Person hereafter purchasing any Slave, transported for Crimes from foreign Parts, into this Province, shall be intitled to receive any Payment from the Public, should such Slave afterwards be convicted and punished for any Crimes committed within this Province; unless he first make Oath, in the Court appointed for trying such Slave, that he did not at the Time of his purchasing, know that such Slave had been transported here for any Crimes committed in Foreign Parts.

IV. And be it further Enacted, by the Authority aforesaid, That no male Slave shall for the First Offence, be condemned to Death, unless for Murder or Rape; but for every other Capital Crime, shall for the First Offence, suffer castration, which punishment every Court trying such Slave, shall be impowered, and are hereby directed to cause to, be inflicted; and the Sheriff shall cause such Judgment to be duly Executed; for which he shall have and receive, from the Public, Twenty Shillings, Proclamation Money, and no more; any Usage or Custom to the contrary, notwithstanding.

V. Provided always, That such Slave be valued by the Court Trying him, in the Usual Manner, that in case Death should ensue the Owner might be paid by the Public; and that the Sum of Three Pounds, Proclamation Money, shall be allowed and paid by the Public, to defray the expence of the Cure, of each Slave Castrated.

VI. And be it further Enacted, by the Authority aforesaid, That there shall not be allowed by the Public to the owner of any Slave which shall hereafter happen to be convicted of any Capital Offence, killed on outlawry, or in being apprehended when run away, more than the Sum of Sixty Pounds, Proclamation Money; any Law or Custom to the contrary, notwithstanding.

CHAPTER VIII.
An Act for altering the Method of Working on the Roads, and appointing Public Ferries within the Counties of Craven, Carteret, Johnston, Beaufort, Orange, and Onslow.

I. Whereas the present Method of working on the Roads, and appointing Public Ferries, within the Counties of Craven, Carteret, Johnston, Beaufort, Onslow, and Orange, is found inconvenient, and not so agreeable to the Inhabitants of the said Counties as the Method prescribed by an Act of Assembly, passed at New Bern, in the Year of our Lord One Thousand Seven Hundred and Fifty Six, intituled, “An Act for establishing Public Roads and Ferries; and for the better Regulation of the same in several Counties.”

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 Method of working on Public Roads, and appointing Public Ferries, within the said Counties of Craven, Carteret, Johnston, Beaufort, Onslow, and Orange, shall be in the same Manner, and under the same Regulations and Restrictions, as is directed for the several Counties mentioned in an Act of Assembly, passed at New Bern, in the Year of our Lord One Thousand Seven Hundred and Fifty Six, intituled, “An Act, for establishing Public Roads and Ferries; and for the better Regulation of the same in several Counties,” and that the said Act, and every Clause and Article thereof, be of as full Force and Afficacy, to all Intents and Purposes, within the said Counties of Craven, Carteret, Johnston, Beaufort, Onslow, and Orange as it is in the several Counties particularly mentioned in the said Act; any Act of Assembly to the contrary notwithstanding.

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III. And be it further Enacted, by the Authority aforesaid, That all and every Clause and Clauses in one Act of Assembly made and passed in the Year of our Lord One Thousand Seven Hundred and Forty Five, intituled, “An Act, for impowering the several Commissioners herein 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 herein after appointed, in such Manner as they judge most Useful to the Public; “and also One Act of Assembly passed in the Year of our Lord One Thousand Seven Hundred and Fifty Two, intituled, “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;” and also one other Act of Assembly made and passed in the Year of our Lord One Thousand Seven Hundred and Fifty Six, intituled, “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 to be appointed, in such Manner as they judge most useful to the Public; and other Purposes,” so far as relates to the said Counties of Craven, Carteret, Johnston, Beaufort, Onslow and Orange, is, and are hereby repealed, and for the Future made Void.

CHAPTER IX.
An Act for appointing a Proper Place for holding the Supreme Court of Justice, Oyer and Terminer, and General Gaol Delivery, for the District of Northampton, Edgecomb, and Granville.

I. Whereas it hath been represented to the Assembly by the Inhabitants of Northampton, Edgecomb, and Granville, that Enfield, the place where the Supreme Court of Justice, Oyer and Terminer, and General Gaol Delivery, for the said Counties, have been usually held, is not central to the said District; and that the Justices of the said Court, and the Officers, Suitors, Jurors, and others, whose attendance at the same is by law required, is subject to great Hardships and Inconveniences, for Want of proper Accommodation and Entertainment: 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 Tenth Day of October next, the said Court shall be constantly held for the said District, on the Days and Times by Law appointed, in the Town of Halifax, and not at Enfield aforesaid; any Law, Usage, or Custom to the contrary notwithstanding.

III. And be it further Enacted, That after the aforesaid Tenth Day of October all appearances, and Returns of Process, shall be made to the said Court in the Town of Halifax aforesaid; and all Recognizances, Bonds and Obligations for appearances, and all Writs, Summons for Witnesses, and other Process, as Valid and effectual, as if the said Place had been expressly mentioned therein: And all Suitors, Witnesses, and others, whose Attendance is required at the said Court, shall appear thereat in the Town of Halifax aforesaid, under the same Rules and Regulations, and subject to the like Pains and Penalties for Default therein, as they should or would have been subject or liable to, if the said Court had continued to be held at Enfield.

IV. And whereas, it will be necessary to erect a Court House, Prison, Pillory, Stocks, and Clerk's Office, in the Town of Halifax aforesaid,

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for holding the said Court, and the Detention and Punishment of Offenders; Be it further Enacted by the Authority aforesaid, That the Directors and Trustees of the Town of Halifax be, and are hereby impowered and required, to remove the Prison, Pillory, Stocks, and Clerk's Office, which are erected at Enfield aforesaid, and rebuild and place the same in the said Town, or to erect and build others therein, together with a Court House, as to them or the Majority of them, shall seem most convenient; and they, or the Majority of them shall and may, and are hereby impowered and required, to contract and agree with an Undertaker or Undertakers to perform the same, and to take Bond and Security for such Performance.

V. And for enabling such Commissioners to discharge Contracts as they shall enter into for the Purposes aforesaid; Be it further enacted, by the Authority aforesaid, That the Sum of One Hundred and Thirty Four Pounds Nine Shillings and Four Pence Three Farthings, Proclamation Money, now in the Hands of Robert Jones, Jun., and belonging to the said Counties of Northampton, Edgecomb, and Granville, shall be by him paid into the Hands of the said Trustees and Directors, and by them applied for the Purposes aforesaid; any Law to the contrary notwithstanding.

VI. Be it further Enacted, by the Authority aforesaid, That a Poll Tax of Six Pence be levied on each taxable Person in the aforesaid Counties of Northampton and Edgecomb, to be collected for the present Year by the said Sheriff respectively, and accounted for and paid to the said Trustees and Directors, at the same Time, and in such Manner, and under the like Penalties, as by Law directed for the collecting, accounting for, and paying Public Taxes.

VII. And whereas William Johnston, late Sheriff of the County of Granville aforesaid, did, through mistake, levy on the Taxable Persons in the said County for the Year One Thousand Seven Hundred and Fifty Seven, the Sum of Six Pence Proclamation Money, each towards erecting at Enfield aforesaid, a Clerk's Office and Prison; Be it further Enacted, by the Authority aforesaid, That the said William Johnston shall pay the said Money by him so collected to the said directors and Trustees; and in case of his Refusal or Neglect, shall or may be compelled thereto by a Judgment of the aforesaid Court, on Motion of the said Trustees and Directors; provided that the said William Johnston have Ten Days previous Notice of such Motion.

VIII. And be it further Enacted, by the Authority aforesaid, That the said Trustees and Directors shall apply the aforesaid Monies, and such other Sum or Sums as they shall obtain, by voluntary Donation of Gentlemen or otherwise, towards building a Court House, removing and rebuilding the Prison, Pillory, Stocks, and Clerk's Office, now in Enfield, into the Town of Halifax aforesaid; or in erecting or building in the same others for the Use of the Supreme Court of Justice, Oyer and Terminer, and General Gaol Delivery, for the said District, as to the said Commissioners and Directors shall seem most convenient.

IX. And be it further Enacted, by the Authority aforesaid, That if it should hereafter be thought necessary to remove the Court of Edgecomb County from Enfield the Place where it is now held, into the Town of Halifax aforesaid, the Justices of the said County shall and may, and are hereby declared to have full power and Authority to Hold a Court for the said County from Time to Time, in the Court House to be erected for the Supreme Court of Justice, Oyer and Terminer, and General Gaol Delivery, for the said District; and to have the Use of the Prison and Stocks to be built for the same, in as free and ample Manner, to all intents and Purposes, as if

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the same had been erected and built at the particular expence of the said County. And the Inhabitants of the said County shall not be compelled or obliged to pay any further or other Sums towards repairing or Rebuilding the aforesaid Court House, Prison, Pillory, or Stocks, than what is herein before directed, or shall hereafter be by Law appointed; any Thing herein contained, or any Law to the Contrary thereof, notwithstanding.

CHAPTER X.
An Act for Regulating Ordinaries and Houses of Entertainments; and for other Purposes.

I. Whereas the Laws at present in Force, have been found ineffectual for the Due Regulation of Ordinaries, and Restraint of Tippling Houses.

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all Persons hereafter retailing Liquors, shall sell the same by sealed Measures, according to the Directions of an Act of Assembly, intituled, An Act for regulating Weights and Measures; Provided, that it shall and may be lawful for Ordinary Keepers, licensed agreeable to the Directions of this Act, to sell liquor in Bottles, Bowls or Mugs, so as they sell for no more than the Quantity the said Vessels contain.

III. And be it further Enacted, by the Authority aforesaid, That no Person not having a License for keeping an Ordinary, shall sell or retail Liquors in smaller quantities than is by this Act permitted, under the Penalty of Five Pounds, Proclamation Money; one Half to the Governor or Commander in Chief for the Time being and the other Half to the Informer.

IV. And be it further Enacted, by the Authority aforesaid, That any Person by applying to the Court of the County in which such Person dwells, and Praying a License to keep an Ordinary, may, at the Direction of Such Court, be ordered to have a License for the purpose aforesaid; unless it shall appear to the said Court that the Person so applying is a Person of Gross Immorality, of such Poor circumstances, and slender Credit, that they think it will not be possible for him or her to comply with the intention of this Act, or usually suffers excessive or unlawful gaming in his or her House; and on granting such License the Person who applies for the same shall produce one or more Persons securities to the said Court, to be by them approved; who shall before the license be made out, join with him or her in a bond, of the following Tenor, to-wit:

Know all men by these presents, That we, A. B. and C. D., are held and firmly bound unto . . . . . . . Governor and Commander in Chief, in and over the Province of North Carolina, in the Sum of Thirty Pounds, Proclamation Money, to be paid to the said . . . . . . . or his Successors; To the Which Payment well and truly to be made, we bind ourselves, and every of us, our, and every of our Heirs, Executors and Administrators, jointly and severally, firmly by these Presents. Sealed with our Seals, and Dated the . . . . . . . Day of . . . . . . .

The condition of this obligation is such, That whereas the said A. B. hath obtained a licence to keep an Ordinary at . . . . . . . If therefore the said A. B. doth constantly find and provide in his or her said Ordinary, good wholesome and clean Diet and Lodging for Travellers; and Stable, Fodder, and Corn, or Pasturage and Corn, as the Season shall require, for their Horses, for and during the Term of One Year from the . . . . . . . Day of . . . . . . . and shall not suffer unlawful Gaming in his or her House, nor sell Liquors on the

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Lord's day to any Person by which such Person may be Intoxicated; then this Obligation to be void; otherwise to remain in force.

And in Case of a Breach of, or not complying with the Condition of said Bond, it shall and may be Lawful for any Person, in the Name of the Governor, to sue and recover the Penalty of the said Bond; and apply one Half thereof to his Own Use, and the other half to the Use of the Parish where the Cause of Action shall arise.

V. And be it further Enacted, by the Authority aforesaid, That when such Bond shall have been given, the Clerk of the Court shall prepare a License and sign the same; which license shall continue in Force One Year, and no longer; for which Twenty Shillings shall be paid to the Governor or Commander in chief for the Time being; and the Clerk shall receive, to his own Use, for the License, Order of Court and Bond, Five Shillings.

VI. And be it further Enacted by the Authority aforesaid, That if any Ordinary Keeper shall sell to any Person, in his or her House, immoderate quantities of strong Liquors, whereby such Person may be intoxicated on the Lord's Day; or entertain Servants and Slaves Against the Will of their Masters or Mistresses; or common Sailors, against the Direction of the Masters of Vessels to which they belong; every Ordinary keeper so offending, shall and may, by Order of Two Justices, before whom such offence shall be proved, be, from thenceforth, suspended and disabled from keeping an Ordinary, as if he or she had never obtained a Licence for that Purpose.

VII. Provided nevertheless, That such Ordinary Keeper may be heard by the next, or any Succeeding County Court; who, if they think proper, may restore such Ordinary keeper, by granting him a new License.

VIII. And be it further Enacted, by the Authority aforesaid, That any Person which after being suspended and disabled from keeping an Ordinary according to the Directions of this Act shall sell or retail Liquors until he or she shall obtain another License for such Purpose, shall be liable to the same Penalties as if a License never had been granted to him or her.

IX. And be it further Enacted, by the Authority aforesaid, That the Justices of each County, annually, at the next County Court after the First Day of May, shall rate the Prices of Liquors, Diet, Lodging, Fodder, Corn, Provender, and Pasturage, to be taken by Ordinary Keepers; and every Ordinary Keeper shall, within One Month after the Rates shall be set by the County Court where his or her License shall be granted, obtain of the Clerk a fair Copy of such Rates; for which the Clerk may take and receive Two Shillings and Six Pence, Proclamation Money, and no more; which Copy shall be openly set up in the common entertaining Room of such Ordinary, and there kept till the Rates are again altered; and every Ordinary Keeper failing herein shall forfeit Five Pounds Proclamation Money

X. And be it further Enacted, by the Authority aforesaid, That every Ordinary Keeper who shall ask, demand, or receive, a greater Price for any Drink, Diet, Lodging, Fodder, Provender, Corn, or Pasturage, than shall be rated by the Justices, according to the Direction of this Act, shall forfeit Ten Shillings; to be recovered by the Informer, to his own Use, by a Warrant from a Justice of the Peace of the County where such Offence shall be committed.

XI. And be it further Enacted, by the Authority aforesaid, That no Ordinary-keeper shall sell on Credit, Liquors to any common Sailor, without Leave of the Master of the Ship or Vessel to which he belongs; under the Penaly of loosing the Money which otherwise he or she might recover for the Liquors so sold on Credit to such Sailor; nor sell Drink, upon Credit, to any other Person, to a greater Sum than Five Pounds; unless the Person

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so credited shall sign a Book, in acknowledgement of the said Debt; under the Penalty of loosing the Money so credited; and in any Action brought for Recovery of such Debt, the General Issue may be pleaded, and this Act given in Evidence.

XII. And be it further Enacted, by the Authority aforesaid, That all Penalties, Fines and Forfeitures, in this Act, the Method of recovering or applying whereof are not herein particularly directed, shall be, one Half to the Church Wardens and Vestry of the Parish where such Fine is incurred, for the Use of the Parish, and the other Half to him or them that shall sue for the same; To be recovered with Costs, by Action of Debt, Bill, Plaint, or Information, in any Court of Record within this Province; wherein no Essoign, Protection, or Wager of Law, shall be admitted of.

XIII. Provided always, That nothing herein contained, shall be construed, deemed or taken, to prohibit or restrain any Merchant, or other Person to sell by retail, Wine, Brandy, Rum or other Spirits, in any Quantity, not less than a Quart; or Ale, Beer or Cyder, in any Quantity, not less than a gallon; if none of the said Liquors are allowed to be tippled or drank out at the House, Stores or Plantations where the same are sold.

XIV. And be it further Enacted, by the Authority aforesaid, That all and every Act and Acts, and every clause and Article thereof heretofore made, so far as relates to regulating Ordinaries, and Restraint of tippling Houses; or to any other matter or Things whatsoever within the Purview of this Act, is, and are hereby repealed and made void, to all Intents and Purposes.

CHAPTER XI.
An Act to make Provision for paying the Chief Justice, and Attorney-General's Salaries; and defraying the Contingent Charges of Government.

I. Whereas there is not at present a sufficient Fund for paying the Salaries of the Chief Justice, and Attorney General, for attending the Supreme Courts of Justice; nor a sufficient Provision for discharging the Allowance made to the Members of his Majesty's Council, and the Members of Assembly.

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That an annual Poll-Tax, of One Shilling and Six Pence, Proclamation Money, be levied on each Taxable Person within this Province, for and during the Space of Four Years, from and after the Tenth Day of June next; and from thence to the end of the next session of Assembly, and no longer; Which Tax shall be collected, accounted for, and paid as Public Taxes by Law are payable; and shall by the Sheriffs, be paid to the Treasurers of the respective Districts, by the Tenth Day of June, in each Year, during the Continuance of this Act; under the like Penalties as are inflicted on Sheriffs for not accounting for, and paying Public Taxes.

III. And be it further Enacted, by the Authority aforesaid, That the said Tax shall be applied to pay the Salaries to the Chief Justice, and Attorney-General; and to paying the Claims of Persons to whom the Public is, or shall be indebted; and for the Allowance to the Members of his Majesty's Council; and the Members of Assembly, for their Public Services, in attending General Assemblies; and towards defraying other contingent Charges of Government.

IV. And be it further Enacted, by the Authority aforesaid, That all Public Taxes shall, annually be paid to the Sheriffs of each respective County, and by them paid to the respective Treasurers, on or before the Tenth Day of June in each Year; Any Law or Usage to the contrary, notwithstanding.

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CHAPTER XII.
An Act for dividing the County of Johnston, and other Purposes.

I. Whereas the large extent of the County of Johnston renders it grievous and burthensome to many of the Inhabitants thereof to attend the Courts and General Musters, and other Public Meetings appointed therein:

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the Tenth Day of April next the said County be divided by the dividing Line between the Parish of St. Patrick and the Parish of St. Stephen; and that that part of the said County which is now the Parish of St. Stephen; remain, be called, and known by the name of Johnston; and that part of the said County which is the Parish of St. Patrick, be thenceforth erected into a distinct County, and called and known by the Name of Dobbs.

III. And for the due Administration of Justice, Be it further Enacted, by the Authority aforesaid, That after the aforesaid Tenth Day of April, a Court for the aforesaid County of Johnston, be constantly held by the Justices thereof, at a Place called Hinton's Quarter, on the South side of Neuse River, upon the last Tuesdays in January, April, July, and October and also that a Court for the said County of Dobbs be constantly held by the Justices thereof, at the Court House on Walnut Creek, upon the first Tuesdays in February. May, August, and November, every year, as by the Laws of this Province is provided and shall be, by Commission to the Justices of the said Counties, respectively directed.

IV. And be it further Enacted, by the Authority aforesaid, That nothing herein contained shall be construed to debar the Sheriff of the said County of Johnston, as the same stands now undivided, to make Distress for any Levies, Fees or other Dues, that shall be due from the Inhabitants of the said County, on the said Tenth Day of April, in the same Manner as by Law the said Sheriff could or might have done if the said County had remained undivided; and the said Levies, Fees, and other dues, shall be collected and accounted for in the same Manner as if this Act had never been made; any Thing herein contained, to the contrary, notwithstanding.

V. And be it further Enacted by the Authority aforesaid, That after the said Tenth Day of April the said County of Dobbs shall be, continue and remain Part of the District of the Supreme Court of Justice, Oyer and Terminer, and General Gaol Delivery usually held for the Counties of Craven, Carteret, Johnston, Beaufort, and Hyde; and the Sheriff or Collector of the said County of Dobbs shall, from Time to Time, account for and pay to the Public Treasurer for the Southern District of this Province for the Time being, all Public Levies by him collected, or wherewith he shall stand chargeable, in the same Manner and under the like Pains and Penalties, as other Sheriffs.

VI. 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 and Successors of granting Letters of Incorporation to the said Counties, 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, and Successors, in as full and ample Manner, to all Intents and Purposes whatsoever, as if this Act had never been made.

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VII. And for establishing Roads and Ferries, and for the better regulation of the same in the said County of Dobbs; Be it enacted, by the authority aforesaid, That one Act of Assembly of this Province made and passed in the year of our Lord one thousand and fifty-six, intituled An Act for establishing Public Roads and ferries, and for the better regulation of the same in several Counties; and every clause and article therein shall extend to the said County of Dobbs, and be in full force within the same, to all intents and purposes as if the said County had been particularly mentioned in the said Act.

CHAPTER XIII.
An Act for dividing Edgecomb County.

I. Whereas divers inconveniences attend the Inhabitants of Edgecomb County, by reason of the large extent thereof, and the great Distance that many of them live from the Court House, and other Places usually appointed for Public Meetings;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and immediately after the First Day of January next ensueing, the said County of Edgecomb be divided, by the dividing Line between the Parish of Edgecomb and the Parish of St. Mary; and that that Part of the said County which is now the Parish of St. Mary, remain, be called, and known by the Name of Edgecomb County; and that that Part of the said County which is now the Parish of Edgecomb, be thence forth erected into one distinct County, and called and known by the Name of Halifax.

III. And for the due Administration of Justice, Be it further Enacted, by the Authority aforesaid, That after the said first Day of January, a Court for the said County of Edgecomb be constantly held, by the Justices thereof, at Redman's Oldfield, on Tyoncoca, upon the Days and Times by Law appointed for that purpose; and also that a Court for the said County of Halifax be constantly held, by the Justices thereof, at Enfield, upon the first Tuesdays in March, June, September, and December, in every Year, as by the Laws of this Province is Provided, and shall be, by Commission to the Justices of the said Counties, respectively, directed.

IV. And be it further Enacted, by the Authority aforesaid, That nothing herein contained shall be construed to debar the Sheriff of the said County of Edgecomb, as the same stands now undivided, to make Distress for any Levies, Fees, or other Dues, that shall be due from the Inhabitants of the said County on the said First Day of January, in the same Manner as by Law the said Sheriff could or might have done if the said County had remained undivided; and the said Levies, Fees, and other Dues, shall be collected and accounted for in the same Manner as if this Act had never been made; any Thing herein contained to the contrary notwithstanding.

V. Be it further Enacted, by the Authority aforesaid, That after the said First Day of January, the said County of Halifax shall be, continue, and remain part of the District Supreme Court of Justice, Oyer and Terminer, and General Gaol Delivery, usually held for the Counties of Northampton, Edgecomb, and Granville; and the Sheriff or Collector of the said County of Halifax shall, from Time to Time account for and pay to the Public Treasurer of the Northern District of this Province for the Time being, all Public Levies by him Collected, or wherewith he shall stand Chargeable, in

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the same Manner, and under the like Pains and Penalties, as other Sheriffs.

VI. 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 XIV.
An Act for Dividing the Parish of St. John, in Granville County.

I. Whereas by Reason of the large Extent of the Parish of St. John, in the County of Granville, the Minister thereof is put to great Difficulty in discharging the Duty of his Function, and the Parishioners are subject to many Inconveniences;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and immediately after the Twentieth Day of September next, the said Parish of St. John be divided into two distinct Parishes, to-wit: Beginning at Cotton Creek where the Virginia Line crosses the same, thence running South, Thirty Degrees West, to Johnston County Line; and that all that part of the said Parish which lies Eastward of the Line, remain and be called the Parish of St. John; and that all that other Part of the said Parish which lies Westward of the said Line, shall be one other distinct Parish, and called by the Name of Granville.

III. And be it further Enacted by the Authority aforesaid, That William Eaton, William Person, Charles Johnston, William Johnston, Philemon Hawkins, Gideon Mackon, Osborne Jefferies, Lodwick Alford, John Pope, William Massey, Daniel Harris, and John Hawkins, be, and are hereby appointed Vestrymen for the said Parish of St. John; and that Robert Harris, Richard Henderson, Reuben Leary, Henry Howard, Richard Harris, Jun., James Mitchell, Andrew Hampton, Thomas Lowe, Evan Ragland, William Benford, Darwin Elwick, and Sharwood Harris, be and are hereby appointed Vestrymen for the said Parish of Granville: And the said Persons respectively, within Twenty Days after the said Twentieth Day of September, shall before a Magistrate of the said County of Granville, 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.

IV. And be it further Enacted, by the Authority aforesaid, That every Person hereby appointed of the Vestries aforesaid respectively, who shall refuse or neglect to take the Oaths aforementioned, and repeat and subscribe the Declaration and Test in Manner aforesaid, shall forfeit and pay the Sum of Forty Shillings, Proclamation Money, to the Parish whereof he is a Resident; to be recovered by the Church Wardens thereof, by a Warrant from any Two of his Majesty's Justices of the Peace for the said County, and to be applied towards lessening the Levy of the said Parish: And in

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such Case, or where a Vestryman shall die or remove out of the Parish for which he is appointed, the other Persons appointed as aforesaid, or the Majority of them, shall and may, after being qualified in Manner hereinbefore directed, elect and choose another Person (being a Freeholder) in Place of him who shall so refuse, or neglect, or die, or remove; and such Person so elected in Manner aforesaid, after his taking the Oaths, and repeating and subscribing the Declaration aforesaid, and Test, shall be deemed and held a legal vestryman, to all Intents and Purposes, as if he had been particularly appointed by this Act.

V. And be it further Enacted, by the Authority aforesaid, That the said Vestries, respectively, shall continue to be Vestries; and shall and may continue, use and exercise the like Powers and Authorities, as other Vestries within this Province may, can, or ought to use and enjoy; and be subject to the Pains and Penalties for Breach or Neglect of Duty, specified in the aforesaid Act of Assembly, until the Usual Time of electing Vestrymen.

VI. And be it further Enacted, by the Authority aforesaid, That all Contracts, Agreements, and Orders, heretofore entered into or made by the Vestry of the said Parish of St. John, as it now stands entire and undivided, shall be, continue and remain of the same Force, Validity, and Effect, as if this Act had never been made.

VII. And be it further Enacted, by the Authority aforesaid, That the aforesaid Vestry of the Parish of St. John, after paying the Minister's Salary, discharging the Allowance made to the Poor, and other Demands wherewith the said Parish of St. John, as it now is entire and undivided, stands chargeable, shall pay and satisfy to the vestry of the said Parish of Granville, an equal Proportion of all the Money levied for the Use of the said Parish of St. John whether the same be collected, or by the Collector of the said Parish still to be accounted for; due Regard being had to the Number of Taxables in each of the said Parishes; And if the Tax already imposed by the Vestry of the said Parish of St. John shall be insufficient to answer the said Demands, the said Vestry of the aforesaid Parish of Granville shall pay and satisfy to the said Vestry of the Parish of St. John, an equal Proportion of such Deficiency, Regard being had to the Number of Taxables as aforesaid.

VIII. And be it further Enacted, by the Authority aforesaid, That nothing herein contained shall be construed to Debar the Collector of the said Parish of St. John as the same stands now undivided, to make Distress for any Levies or Taxes that shall be due from the Inhabitants of the said Parish on the said Twentieth Day of September, in the same Manner as by Law the said Collector could or might have done if the said Parish had remained undivided; and the said Levies and Taxes shall be collected and accounted for in the same Manner, as if this Act had never been made; any Thing herein contained, to the contrary notwithstanding.

CHAPTER XV.
An Act for dividing the Parish of North West.

I. Whereas by reason of the great length of the Parish of North West, in the County of Northampton, it is extremely difficult for the Minister to discharge the duty of his Function; and many Inconveniences attend the Parishioners thereof:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and immediately after the first Day

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of January next, the said Parish of North West be divided into Two distinct Parishes; from Bertie County Line, by Poticatia Swamp, to the Head Branch thereof; and from thence a direct Course, to the County Line, where the same crosses Jack Swamp, and that all that part of the said Parish which lies North West of the said Bounds, shall, forever hereafter, remain, be called, and retain the name of the Parish of the North West; and that all that other Part of the said Parish, which lies Southward of the said Bounds, shall hereafter be a distinct Parish, and called and known by the name of the Parish of St. George.

III. And be it further Enacted, by the Authority aforesaid, That William Murphree, James Washington, James Turner, Samuel Thomas, Joseph Sikes, Charles Skinner, William Battle, Joseph Smith, Benjamin DeBerry, Robert Warren, James Manna, and John Figures, be, and are hereby appointed Vestrymen for the said Parish of North West: And that William Cathcart, John Edwards, John Dukes, William Pace, Thomas Wilburn, William Short, John Jones, William Allen, Harwood Jones, Thomas Barret, William Winborne, and Green Hill, be, and are hereby appointed Vestrymen for the said Parish of St. George: And the said Persons respectively, within Twenty Days after the said first Day of January, shall, before a Magistrate of the said County of Northampton, 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 from thenceforth shall and may, and is hereby required to exercise, and use all the Powers and Authorities, that any other Vestryman in this Province may, can, or ought to exercise and enjoy; and shall be liable to the same Penalties and Forfeitures, as any other Person elected a Vestryman is in any Manner subject to.

IV. And be it further Enacted, by the Authority aforesaid, That every Person hereby appointed of the Vestries aforesaid respectively, who shall refuse or neglect to take the Oaths aforementioned, and repeat and subscribe the Declaration and Test in Manner aforesaid, shall forfeit and pay the Sum of Forty Shillings, Proclamation Money, to the Parish whereof he is a Resident; to be recovered by the Church Wardens thereof, by a Warrant from any Two of his Majesty's Justices of the Peace for the said County, and to be applied towards lessening the Levy of the said Parish: And in such Case or where a Vestryman shall die or remove out of the said Parish for which he is appointed, the other Persons appointed as aforesaid, or the Majority of them, shall and may, after being qualified in Manner herein before directed, elect and choose another Person (being a Freeholder) in Place of him who shall so refuse, or neglect, or die, or remove; and such Person so elected in Manner aforesaid, after his taking the Oaths, and repeating and subscribing the Declaration aforesaid, and Test, shall be deemed and held to be a legal Vestryman, to all Intents and Purposes, as if he had been particularly appointed by this Act.

V. And be it further Enacted, by the Authority aforesaid, That the said Vestries, respectively, shall continue to be Vestries; and shall and may continue to use and exercise the like Powers and Authorities, as other Vestries within this Province may, can, or ought to use and enjoy; and be subject to the Pains and Penalties for Breach or Neglect of Duty, specified in the aforesaid Act of Assembly, until the usual Time of electing Vestrymen.

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

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Vestry of the Parish of North West, after paying the Minister's Salary; discharging the allowances made to the Poor; and other Demands wherewith the said Parish of North West, as it is now entire and undivided, stands chargeable, shall pay and satisfy to the Vestry of the said Parish of St. George, an equal Proportion of all the money levied for the use of the said Parish of North West, whether the same be collected, or by the Collector of the said Parish still to be accounted for; due regard being had to the Number of Taxables in each of the said Parishes: And if the tax already imposed by the Vestry of the said Parish of North West, shall be insufficient to answer the said Demands, the said Vestry of the aforesaid Parish of St. George, shall pay and satisfy to the said Vestry of the Parish of North West, an equal Proportion of such Deficiency; Regard being had to the Number of Taxables as aforesaid.

VII. And be it further Enacted, by the Authority aforesaid, That nothing herein contained shall be construed to debar the Collector of the said Parish of North West, as the same stands now undivided, to make Distress for any Levies or Taxes that shall be due from the Inhabitants of the said Parish on the said first Day of January, in the same Manner as by Law the said Collector could or might have done if the said Parish had remained undivided; and the said Levies and Taxes shall be collected and accounted for, in the same Manner as if this Act had never been made; any Thing herein contained to the contrary notwithstanding.

CHAPTER XVI.
An Act for establishing a Town on the Lands formerly belonging to Zachariah Nixon, lying on the North East Side of Little River, in Pasquotank County.

(Printed in Private Acts, post.)

CHAPTER XVII.
An Act to establish a Ferry from Solley's Point to Relf's Point, whereon the Court House Now stands, on Pasquotank River. Expunged.

[Full text of this chapter is available at vol. 25, p. 389.]

CHAPTER XVIII.
An Act for destroying Squirrels in the Counties within Mentioned.

I. Whereas by the numerous Increase of Squirrels much Damage and Injury is Yearly done, as well to the growing Corn, as to the Mast in general, in the Counties of Pasquotank and Perquimons, within this Province; and unless some speedy Remedy be taken to prevent their future Increase, much greater Damage and Injury will yearly ensue; For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That every Master, Mistress or overseer of any Family in the Counties aforesaid, shall kill or cause to be killed, in each Year, Ten Squirrels, for each Taxable he or she shall enlist in the Counties aforesaid under the Penalty of forfeiting and paying the Sum of Two Pence, Proclamation Money, for each squirrel he or she shall so fail or neglect to kill, or cause to be killed; to be recovered and applied as hereinafter directed.

III. And be it further Enacted, by the Authority aforesaid, That every Master, Mistress, or overseer of any Plantation, shall, on killing any Squirrel

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or Squirrels as aforesaid, produce the Scalp with the Ears on, to some Justice of the Peace, who, on producing the same, shall give a Certificate to the said Person or Persons for the Number of Scalps he, she, or they shall produce; which said Justice in giving a Certificate as aforesaid, shall destroy, or cause to be destroyed, in his Presence, the said Scalps so produced.

IV. And for the more effectual obtaining Certificates as aforesaid; Be it further Enacted, That each Collector of the Parish Levies in each County as aforesaid at the time of receiving the Parish Levy, shall demand of every Person paying the said Levy, a Certificate signed by some Magistrate in the said County, of the Number of Squirrels by him killed; which if he or she shall fail to produce, or pay the Penalty as aforesaid, then the Collector shall certify the same to the Church Wardens of the said Parish, who are hereby directed to take out a Warrant from some Magistrate for the Penalty aforesaid; and on recovery to apply the same towards lessening the Parish Tax; which said Collector or Church Wardens shall account with the Vestry, on Oath, for the same.

V. And be it further Enacted, by the Authority aforesaid, That this Act shall commence and be in Force on the First Day of March next, and continue in Force for and during the Term of Two Years, and from thence to the End of the Next Session of Assembly, and no longer.

CHAPTER XIX.
An Act for repealing An Act therein mentioned.

I. Whereas one Act of Assembly, intituled An Act for preserving Peace and continueing a good Correspondence with the Indians in Alliance with his Majesty's Subjects, has not procured the good effects hoped for, but on the contrary, is likely to alienate the Affections of the said Indians from the Inhabitants of this Province:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the said recited Act, and every Clause and Article thereof, shall be from henceforth repealed, and made null and void.

CHAPTER XX.
An Act to relieve John Pope from a Judgement obtained against him, in favour of the Parishes of Edgecomb and St. Mary.

(Printed in Private Acts, post.)

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