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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1759 - 1760
North Carolina. General Assembly
November 20, 1759 - January 09, 1760
Volume 23, Pages 503-509

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LAWS OF NORTH CAROLINA, 1759.

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 Twentieth Day of November, in the Year of our Lord One Thousand Seven Hundred and Fifty Nine, then held at Wilmington: Being the Ninth Session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.
An Act to amend and continue an Act intituled, An Act for the better regulation of the Militia, and other purposes. Expunged,

[Full text is available at vol. 25, p. 393.]

CHAPTER II.
An Act for granting an Aid to his Majesty, for paying and subsisting the Forces and Militia now in the Pay of this Province, and for other Purposes.

(Omitted.)

[Full text is available at vol. 25, p. 394-395.]

CHAPTER III.
An Act for the Appointment of Vestries. Repealed.

[Full text is available at vol. 25, p. 396-397.]

CHAPTER IV.
An Act for erecting Part of the Counties of Chowan, Bertie, and Northampton, into a County and Parish.

I. Whereas the large Extent of the Counties of Chowan, Bertie and Northampton, renders it grievous and burthensome to many of the Inhabitants thereof to attend the Courts of Justice, and other Public Meetings appointed therein: 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 First Day of May next the said Counties be divided as follows, to-wit, Beginning in Bertie County, at the first high Land on the North West Side of Mare Branch, on Chowan River Pocoson; running thence by a direct Line to Thomas Outlaw's Plantation, near Stoney Creek; thence by a direct Line to Northampton County Line, at the Plantation whereon James Rutland formerly lived; then along Northampton County Line to the Head of Beaver Dam Swamp; thence by a direct line to the Eastermost Part of Kerby's Creek; thence down the Creek to Meherrin River; then up Meherrin River to the Virginia Line; then Easterly along the Virginia Line to Bennet's Creek; then down Bennet's Creek to Chowan River; then across the River to the Mouth of the said Mare Branch; and up the Branch to the Beginning: And all that Part of the said Counties included within the said Bounds be thenceforth erected into a distinct County and Parish, and called and known by the Name of Hertford County, and Parish of St. Barnabas.

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III. And be it further Enacted by the Authority aforesaid, That John Edwards, John Brown, and John Baker, Esquires, be appointed Commissioners; and they or any Two of them, are hereby impowered and directed to run the said dividing Lines between the said Counties, agreeable to the Directions in this Act before mentioned, and to return a fair Plan thereof to the Court of the said County of Hertford.

IV. And for the due Administration of Justice, Be it Enacted by the Authority aforesaid, That after the aforesaid First Day of May, a Court for the said County of Hertford be constantly held by the Justices thereof at Cotton's Ferry, on the South Side of Chowan River, upon the Fourth Tuesdays in May, August, November, and February, in each and every Year, as by the Laws of this Province is provided, and shall be by Commission to the Justices of the said County directed.

V. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act all that Part of the Parish of North West as shall lie to the Westward of the aforesaid Counties of Bertie and Hertford, shall be added to, and united and consolidated with, the Parish of St. George in the said County of Northampton, and shall remain one entire Parish and be called and known by the Name the Parish of St. George.

VI. And be it further Enacted, by the Authority aforesaid, that nothing herein contained shall be construed to debar the Sheriffs of the Counties of Chowan, Bertie, and Northampton, as they respectively now stand undivided, to make Distress for any Levies, Fees, or other Dues, that shall be Due from the Inhabitants of the said Counties on the said First Day of May, in the same Manner as by Law the said Sheriffs might or could have done if the said Counties 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.

VII. And be it further Enacted, by the Authority aforesaid, That all Sums of Money which shall be owing, due, and belonging to the said Parish of North West, at the passing of this Act, shall be paid and satisfied to the Vestry of the Parish of St. George; and the said Parish of St. George shall stand chargeable to every Person and Persons whatsoever for all Demands they may respectively have on the said Parish of North West, at the Time aforesaid.

VIII. And be it further Enacted, by the Authority aforesaid, That after the said First Day of May, the said County of Hertford shall be, continue, and remain Part of the District of Edenton: And the Sheriff of the said County of Hertford shall, from Time to Time, account for, and pay to the Public Treasurer of the Northern District 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.

IX. 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 and Successors, of granting Letters of Incorporation to the said County, 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 the said County; but that the said Right and Prerogative shall and may at all Times hereafter, be exercised therein by his 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.

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CHAPTER V.
An Act to amend an Act for appointing Sheriffs, and directing their Duty in Office; and for compelling Collectors of Public Taxes, and Persons intrusted with laying out Public Money, to apply and account for the same.

I. Whereas the continueing of Sheriffs long in Office, who do not regularly account for the Public Taxes they collect, is of great Detriment to the Province;

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, no County Court shall recommend to the Governor any Person for his appointment to the Office of Sheriff who shall have served Two Years successively in the said Office, unless such Person shall produce a Certificate from the Treasurer of the District of his having fully accounted for and paid all the Public Taxes which he hath or ought to have received by Virtue of his said Office; And if any County Court shall recommend any such Person contrary to the true Intent and Meaning of this Act, it shall and may be Lawful for the Governor or Commander in Chief for the Time being, to appoint such other Person, qualified according to the Directions of the Before mentioned Act, as he shall think proper to that Office; any Law, Custom, or Usage to the contrary notwithstanding.

CHAPTER VI.
An Act to impower Lawrence Thompson, late Sheriff of Orange County, to collect and receive a Tax of Two Shillings, Proclamation Money, laid on the Taxable Persons in the County of Orange, by an Act of Assembly of this Province passed in the Thirtieth Year of the Reign of our Sovereign Lord George the Second, of Great Britain, France, and Ireland, King and so forth.

(Printed in Private Acts, post.)

CHAPTER VII.
An Act for enlarging the Time allowed for saving Lots in the Town of Halifax, preventing the Building Wooden Chimnies therein, and other purposes.

(Printed in Private Acts, post.)

CHAPTER VIII.
An Act to enable William Dry, Esq., to finish Fort Johnston, at the Mouth of Cape Fear River.

I. Whereas the safety and Preservation of that part of this Province called Cape Fear, greatly depends on the Speedy and effectual finishing the Fort at the Mouth of the said River, and the raising a Fund for that Purpose on the Tonage of all Ships and Vessels coming to the Port of Brunswick, as directed by an Act of Assembly of this Province, intituled, an Act to enable the Commissioners of Port Roanoke to amend the Navigation of the said Port, and for other Purposes, is attended with great Delay. And whereas William Dry, Esq., for and in consideration of the Sum of Two Thousand Nine Hundred Pounds Proclamation Money, hath undertaken to compleat

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and finish the said Fort, and all its necessary Appurtenances, in Two Years from the passing of this Act, conformable to the Proposals now laid before the General Assembly; and hath given Bond and Security to the Governor and Commander in Chief for the Time Being, in the Sum of Five Thousand Eight Hundred Pounds Proclamation Money, for the well and Faithful effecting the same.

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 said William Dry, his Heirs and Assigns, to take and receive, to his or their own use or behoof, of and from the Master of each and every Vessel (not owned in this Province) entered in the said Port of Brunswick, or any Port thereto belonging, in order to unlade goods and merchandise in her imported, or in order to take on board any goods, wares, or Merchandise whatsoever for Exporting out of the said Port of Brunswick, or Ports thereto belonging, the Sum of Two Shillings Proclamation Money for each and every Tons burthen the said Ship or Vessel may be of, until such Times as, with the Ballance now in his hands for Powder Money and Tonage by him heretofore collected he shall have received the full amount of Two Thousand Nine Hundred Pounds aforesaid exclusive of his Commissions, and no longer; provided that the said William Dry, shall within six Months after the passing of this Act, well and truly account for, upon Oath, with the Commissioners of Fort Johnston, for all Powder Money or Tonage by him heretofore received; and shall upon Oath, account with the General Assembly for all Monies by him to be collected or received by Virtue of this Act.

III. And be it further Enacted by the Authority aforesaid, That the Tonage of such Ship or Vessel shall be estimated by the Number of Barrels she may carry, allowing for each and every Ton Eight Barrels, or thirty One Gallons and a Half, and so in Proportion for other Goods.

IV. And be it further Enacted, by the Authority aforesaid, That every Clause, Matter or Thing, contained in any Act or Acts of Assembly, heretofore made, relative to a Duty on the Tonage of Shipping, entering and lading or unlading at the said Port of Brunswick, or within the District thereof, is hereby repealed and made void to all Intents and Purposes whatsoever.

CHAPTER IX.
An Act to enable the Commissioners of Port Bath and Port Beaufort to amend the Navigation, and other Purposes.

I. Whereas the Bar at Ocacock, and the Swatch leading up the Country, are very difficult and dangerous for vessels trading to Port Bath, and the River Neuse in Port Beaufort; and the Tax on Tonnage of Vessels for erecting Beacons and Stakes in the said Port and River, is greatly insufficient to defray the necessary Expence accrueing therefrom:

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, instead of the Powder and Lead Duty, payable in the said Port of Bath and Neuse River, the Receivers of the said Duty, for and during the Space of Four Years shall receive the same in Proclamation Money, at the rate of Two Shillings per Ton, for each and every Vessel that shall enter into the said Port of Bath and Neuse River; the Tonnage of which Vessels shall be ascertained agreeable to the Directions of an Act of Assembly intituled, An Act to amend and continue an Act intituled “An Act for granting unto his Majesty

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a Duty upon the Tonnage of Ships and other Vessels coming into this Province for the purposes therein mentioned”: Which Duty the said Receivers shall from Time to Time, after deducting Five per Centum, and no more for his Commissions, pay to the Order of the Commissioners of the said Port of Bath and Beaufort, to repay such Sums of Money as they or either of them, are or shall be in Advance, and the remainder shall be laid out in mending the Channel, and improving the same, in such Manner as they shall think most beneficial and serviceable for the Public; Provided nevertheless, that the said Commissioners shall, from Time to Time, out of the Money arising by the said Duty, supply Fort Granville with Three Fifths of the Ammunition necessary to be expended in the said Fort.

III. And whereas the Trade of Port Bath hath of late so decreased, that the Duty of Tonnage on Vessels has not been sufficient to defray its proportionable Part of the Expence of Navigation, whereby there is an Arrear due to the Commissioners of the said Port; and there being a large surplus of Powder and Lead now in the Hands of the Receiver of the said Port, more than is sufficient to supply its Proportion for Fort Granville; Be it Enacted by the Authority aforesaid, That the Receiver of the said Port of Bath after the passing of this Act, shall forthwith deliver to the Commissioners of the said Port, all such Powder and Lead as he has received; and they are hereby directed to sell the same at Public Vendue (reserving for Fort Granville as aforesaid) and to apply the Money arising by such Sale towards paying such Arrears, and defraying the Expence of Navigation.

IV. And be it further Enacted, by the Authority aforesaid, That the said Commissioners when required, shall lay an Account of their Proceedings, Transactions, and Disbursements, before the General Assembly.

CHAPTER X.
An Act to impower and direct the Commissioners of the Districts hereinafter mentioned, to lay out and make new Roads.

(Printed in Private Acts, post.)

CHAPTER XI.
An Act to establish Warehouses for the Inspection of Tobacco in the County of Dobbs; and other Purposes.

I. Whereas establishing Warehouses for the Public Inspection of Tobacco in the County of Dobbs, will encourage Commerce, promote the Navigation of Neuse River, and be advantageous to many Planters and others in the said County:

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the Justices of the said County of Dobbs shall, and they are hereby impowered and directed, to cause to be built and erected Warehouses and other Conveniences fit and Necessary for the Reception, Inspection, and safekeeping of Tobacco, at the several Places hereinafter mentioned; that is to say, At Atkin's Banks, on the Land of William Herritage, and at Contentnea on the Land of Abraham Shepherd, both under one Inspection; and at Fellow's Ferry, on the Land of Robert Fellow; And the said Warehouses when so built and erected, shall and they are hereby declared to be Public Warehouses and proper Places for the Reception, and Public Inspection of Tobacco.

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

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of the said County of Dobbs shall, from Time to Time, appoint Inspectors to attend the said Inspections, and to direct and order how the said Inspectors shall give their attendance at the said Inspections respectively; and the said Inspectors shall be under the same Regulations, Rules and Restrictions, and intituled to the same Emoluments, as are by Law appointed for Inspectors of Tobacco in this Province.

IV. And be it further Enacted, by the Authority aforesaid, That there shall be paid Yearly to the several Inspectors attending the said Inspections, the following Sums, to-wit, to the Inspectors attending at Atkin's Banks, and at Contentnea, Twelve Pounds Proclamation Money, each; and to the Inspectors attending at Fellow's Ferry, Eight Pounds, like Money, each for their respective Salaries.

V. And whereas the Public Warehouse at Buxton's, in Northampton County, is situated at a place inconvenient for the Inhabitants of the said County and also is much out of Repair; Be it further Enacted, by the Authority aforesaid, That the said Warehouse shall be discontinued; and the Justices of the said County of Northampton shall, and are hereby required, to cause a Warehouse to be erected and built on the Land of Thomas Pace, on Roanoke River, in the said County, and appoint Inspectors to attend the ; Which Warehouse, when erected, shall be deemed a Public ; and the Inspectors appointed to attend the same, shall be under the same Rules, Regulations and Restrictions, as other Inspectors of Tobacco in this Province; and the Warehouse when erected, and the Warehouses in the said County, commonly called Jones's Warehouses, shall be under one Inspection.

VI. And whereas by one clause of an Act of Assembly passed in the Thirty-first Year of his Present Majesty's Reign, intituled, An Act for further amending the Act, intituled “An Act for amending the Staple of Tobacco, and preventing Frauds in his Majesty's Customs”; the selling and bartering Tobacco before the same hath been viewed and inspected, is prohibited under the Penalty of Twenty Shillings, Proclamation Money, for every Hundred Weight, and so proportionably for a greater or less Quantity; which hath been found to be inconvenient; Be it therefore further Enacted, by the Authority aforesaid, That the said Clause of the said recited Act, from and after the passing of this Act, shall be and is hereby repealed.

VII. And be it further Enacted, by the Authority aforesaid, That so much of the afore-recited Act as is not hereby repealed, one other Act, intituled An Act to restrain the Exportation of Bad and unmerchantable Tobacco, and for preventing Frauds in his Majesty's Customs; one other Act, intituled 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”; and one other Act intituled 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; and all the Powers and Authorities in them respectively mentioned, shall remain and continue in Force until the First Day of March, in the Year of our Lord One Thousand Seven Hundred and Sixty Five, and from thence to the End of the next Session of Assembly; any Thing in the said Acts contained to the contrary notwithstanding.

CHAPTER XII.
An Act for appointing Commissioners to finish the Court House already begun in the Town of New Bern, and for other Purposes.

(Printed in Private Acts, post.)

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CHAPTER XIII.
An Act for establishing a Town on the land formerly granted to William Churton, Gentleman, lying on the North Side of the River Enoe, in the County of Orange.

(Printed in Private Acts, post.)

CHAPTER XIV.
An Act to amend An Act intituled An Act for building and maintaining of Court-houses, Prison and Stocks, in every County within this Province, and appointing Rules for each County Prison for Debtors.

I. Whereas by one Act of Assembly passed in the Fifteenth Year of his present Majesty, intituled, An Act for building and maintaining of Court-Houses, Prisons and Stocks, in every County within this Province, and appointing Rules for each County Prison for Debtors, it is, among other Things, Enacted, That every Person Committed to Gaol (not for Treason or Felony) upon giving Bond and Security to the Sheriff of the County, may have the Liberty of the Rules of the Prison to which he is committed; which indulgence hath been greatly abused:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all and every Bond or Bonds which shall hereafter be given in pursuance of the said Act by any Person or Persons committed on a Capias ad Satisfaciendum, shall by the Sheriff taking the same, be assigned by the Party whose Instance such Person or Persons was or were committed to Gaol, and shall be returned to the Office of the Clerk of the Court from whence such Execution issued, there to be safely kept, and shall have the force of a Judgment; and if any Person who shall obtain the Rules of any Prison, upon giving Bond and Security as aforesaid shall escape out of the same before he shall have paid the Debt, or Damages and Costs, according to the Condition of such Bond, it shall be lawful, and full power and Authority is hereby given to the Court where such Bond is Lodged, upon Motion of the Party for whom such Execution issued, to award Execution against such Person and his Securities, for the Debt, or Damages and Costs, with Interest, to be computed from the Time of such Escape till Payment: And No Person or Persons whatsoever, who shall be committed to Gaol on any such Execution, shall have or be allowed the Rules of any Prison, but shall be kept in safe custody in the prison, to which he or they shall be committed, until the whole Debt or Damages, with Interest and Costs, shall be fully paid and satisfied; Anything in the said Act contained to the contrary notwithstanding.

III. Provided always, That such Obligor shall have Ten Days previous Notice of such Motion in Writing, and the Obligors, in such Case, shall not be admitted to plead Non est Factum, in their Defense, unless they shall, by affidavit, prove the Truth of such Plea.

Signed by
ARTHUR DOBBS, ESQ., Governor.
James Hasell, President.
SAMUEL SWANN, Speaker.