powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Acts of the North Carolina General Assembly, 1760
North Carolina. General Assembly
April 24, 1760 - May 23, 1760
Volume 23, Pages 510-514

-------------------- page 510 --------------------
LAWS OF NORTH CAROLINA, 1760.

At an Assembly, began and held at New Bern, the Twenty Fourth Day of April, in the Thirty Third Year of the Reign of our Sovereign Lord George the Second, by the Grace of God, of Great Britain, France and Ireland, King, &c., and in the Year of our Lord One Thousand Seven Hundred and Sixty. being the first Session of this present Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.
An Act to establish Inferior Courts of Pleas and Quarter Sessions, in the several Counties in this Province. Rep.

[Full text is available at vol. 25, p. 405-415.]

CHAPTER II.
An Act for the better Care of Orphans, and Security and Management of their Estates. Rep.

[Full text is available at vol. 25, p. 415-422.]

CHAPTER III.
An Act directing the Method of appointing Jurymen in all Causes, Criminal and Civil. Expunged.

[Full text is available at vol. 25, p. 422-424.]

CHAPTER IV.
An Act for establishing Vestries. Rep.

[Full text is available at vol. 25, p. 424-430.]

CHAPTER V.
An Act for making Provision for an Orthodox Clergy. Rep.

[Full text is available at vol. 25, p. 430-432.]

CHAPTER VI.
An Act to amend and improve the Navigation from Howard's Bay in New River, in Onslow County, to Bear Inlet.

I. Whereas the Trade and Commerce of the said County of Onslow, will be greatly encouraged, increased, and benefited, if the Navigation from Howard's Bay in New River to Bear Inlet, was amended and improved, which may be affected at a small Expence, so that loaden Pettiaguas and other Boats of Fifty Barrels Burthen or upwards, may pass and repass from the said River to the Inlet aforesaid:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and it is hereby Enacted by the Authority of the same, That Richard Ward, Stephen Lee, and John Melton, and the Majority of them, be, and they are hereby commissioned, authorized, and appointed, to contract and agree with such Person or Persons as shall be willing to undertake the same, for any Sum or Sums not exceeding One Hundred and Twenty Pounds Proclamation

-------------------- page 511 --------------------
Money, to amend the said Navigation in Manner aforesaid, from Howard's Bay in New River to Bear Inlet.

III. And for enabling the said Commissioners to pay such Sum or Sums of Money as they, or the Majority of them, shall contract or agree to pay such Person or Persons as shall undertake to amend the said Navigation as aforesaid; Be it Enacted, by the Authority Aforesaid, That the Receiver of the Duty on the Tonnage of Vessels coming into Onslow County, appointed by Virtue of the Act of Assembly of this Province, intituled, An Act for granting to his Majesty a Duty upon the Tonnage of Ships and other Vessels coming into this Province for the Purposes therein mentioned, shall sell at Public Vendue so much of the Powder and Lead by him received in Pursuance of the aforesaid Act, (not exceeding One Hundred and Twenty Pounds Proclamation Money in Value) as shall be sufficient to pay and discharge such Sum or Sums of Money as shall be contracted by the said Commissioners, to be paid to such Person or Persons as they, or the Majority of them, shall agree with and employ to amend and prove the said Navigation; and the Money arising by such Sale, shall be paid by the aforesaid Receiver to the said Commissioners, or the Majority of them, and shall be by them applied for amending the aforesaid Navigation.

IV. And be it further Enacted, by the Authority aforesaid, That if the Powder and Lead in the Hands of the said Receivers shall not amount to a sufficient Sum, on being sold at Vendue as aforesaid, to pay and discharge such Contracts or Agreements, not exceeding One Hundred and Twenty Pounds, which shall be made by the Commissioners aforesaid, with any Person or Persons for amending and improving the Navigation aforesaid, the Justices of the Court of the said County of Onslow shall pay, or cause to be paid to the Commissioners aforesaid, or the Majority of them, out of the County Tax, such Sum or Sums of money as shall, with the Money arising by the Sale of the Powder and Lead aforesaid, be sufficient to discharge such Contract or Contracts made by the said Commissioners, or the Majority of them, as aforesaid.

V. And be it further Enacted, by the Authority aforesaid, That the said Commissioners, as often as required, shall account with the General Assembly for such Money as shall be by them respectively received by Virtue of this Act.

CHAPTER VII.
An Act to confirm an Agreement made by the present Church Wardens and Vestry of Edgecomb Parish, in the County of Halifax, with the Rev. Mr. Thomas Burgess.

I. Whereas by Virtue of an Act of Assembly, passed at Edenton the Twenty-Third Day of November, in the Year of our Lord One Thousand Seven Hundred and Fifty Eight, intituled, An Act for making better provision for the Clergy, the Church Wardens and Vestry of the Parish of Edgecomb, in the County of Halifax, did agree with the Rev. Thomas Burgess, in October last, to give and pay him the Sum of One Hundred Pounds Proclamation Money, per Annum, to officiate in the aforesaid Parish, by performing Divine Service at the Church and Chappels or elsewhere in the said Parish, as should be required by the said Vestry, and perform every other Duty in the said Parish which to the Office or Minister of the Church of England belongs; and also to pay the said Thomas Burgess Twenty Pounds, Proclamation Money, in lieu of a Glebe, including in the whole One Hundred and Twenty Pounds

-------------------- page 512 --------------------
Proclamation Money; in Consideration of which, the said Thomas Burgess covenanted to perform Divine Service at the Church and Chappels in the aforesaid Parish, or elsewhere in the said Parish as he should be directed or required by the aforesaid Vestry or their Successors; in Consequence of which said agreement the aforesaid Thomas Burgess hath officiated and performed Divine Service in the Church and Chappels within the said Parish, from the Time of the Agreement aforesaid, to the approbation of the Vestry and other Parishioners: Therefore,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the said Contract so made by and between the said Thomas Burgess and the said Church Wardens and Vestry of the Parish of Edgecomb aforesaid is hereby confirmed, and shall be good and valid in Law, and shall be binding to all Intents and Purposes, as well on the said Thomas Burgess as on the said Church Wardens and Vestry of the said Parish, for and during the natural Life of the said Thomas Burgess, or the Time the said Thomas Burgess shall continue to be Minister thereof.

CHAPTER VIII.
An Act for enlarging the Time for Inspection of Tobacco in the Public Warehouse in the Town of Halifax; for increasing the Salaries of the Inspectors of the said Warehouse; for establishing Warehouses in the County of Cumberland; and other Purposes therein mentioned.

I. Whereas it has been represented to this Assembly, that by Reason of the great Quantities of Tobacco brought to the Inspections at the Town of Halifax in the County of Halifax, the Inspectors officiating at the said Inspection cannot discharge the Duty of their Office within the Time limited by the former Acts of Assembly of this Province:

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 June next, the Inspectors of Tobacco for the aforesaid Warehouse, shall constantly attend the said Warehouse, from the First Day of October next ensuing, until the last Day of July following, and so yearly from the First Day of October, until the last Day of July, (Sundays and Holidays, or when hindered by Sickness, excepted) and shall receive and inspect all Tobaccos brought to the said Warehouse within the time limited as aforesaid, under the same Rules and Restrictions, and the like Pains and Penalties, as by the former Act of Assembly of this Province are inflicted and directed; and that the said Inspectors, for their service in attending the Inspection, shall be paid the sum of Forty Pounds Proclamation Money each, Annually, instead of the Salaries by the former Acts of Assembly specified.

III. And whereas the Warehouse first erected has been found to be too small for the reception of the Tobaccos brought to the said Inspection, and great Part thereof has been exposed to the Injuries of the Weather for Want of sufficient House-Room to secure the same, to the great Damage of the Planters; and for Prevention of the like for the future, it has been thought requisite and necessary by the Justices of the said County, that one other Warehouse should be erected and built on the Lots assigned for the Purposes aforesaid, which accordingly has been done, but the said Justices by the Repeal of the Laws of this Province are rendered incapable of levying a Tax on the Inhabitants of the said County for the Payment of the Money stipulated and agreed to be paid for the building the same; and it may yet be necessary to make additional Buildings on the Lots aforesaid to answer

-------------------- page 513 --------------------
the Intention of the before recited Act: Be it therefore Enacted, by the Authority aforesaid, That the Inferior Court of Pleas and Quarter Sessions shall have full Power and Authority, and they are hereby required to lay a Poll Tax on every Taxable Person in the said County, as well for paying and satisfying the Money already due and owing for the Building of the new Warehouse aforesaid, as for the erecting and building such other necessary Houses as shall be by the said Justices thought requisite, to answer the Purposes aforesaid; which said Tax the Sheriff is hereby authorized and required to collect, in the same Manner as other Taxes are by law to be collected, and pay the same to the Court or their Order.

IV. And whereas it hath been found, by Experience, that the Method now established by Law of appointing Inspectors is very deficient in answering the Purposes of the said Act, in Case any Inspector, thro' Death, Sickness, or other Inability, shall be unable to discharge the Duties of his Office; Be it therefore Enacted, That it shall and may be lawful for any Magistrate of the said County upon Application made to him, to issue a Summons to any Two Justices of the said County, who, together with himself or any Two of them, shall, and they are hereby authorized and required, to nominate and appoint one other Person to officiate as Inspector in the Room of the Inspector so dead or disabled as aforesaid; which said Inspector shall be under the like Rules and Restrictions as other Inspectors appointed by the Court; which said Inspector shall continue to execute the said Office until the Court of the said County shall nominate and appoint one other instead of the Inspector deceased, or the Inability is removed; which said Inspector so appointed shall be intitled to a proportionable Part of the Salary by Law specified for such Inspectors according to the time they shall act therein.

V. And whereas establishing Warehouses for the Public Inspection of Tobacco in the County of Cumberland, will tend to the Encouragement of many Planters, and promote Trade; Be it therefore further Enacted, by the Authority aforesaid, That the Justices of the said County of Cumberland shall, and are hereby impowered and required, to cause to be erected and built, Warehouses and other Conveniences fit and necessary for the Reception, Inspection, and Safe-keeping of Tobacco, on Joseph Leviston's Land on the North East side of the North West Branch of Cape Fear River; and on the Land of John McPherson, on the Opposite Side of the said River; and the said Warehouses, when so built, shall be Public Warehouses for the Reception and Inspection of Tobacco.

VI. And be it further Enacted by the Authority aforesaid, That the said Warehouses shall be both under one Inspection; and the Justices of the said County of Cumberland shall, and are hereby empowered and directed, from Time to Time, to appoint Inspectors to attend the said Inspection, and to direct and order how the said Inspectors shall give their Attendance at the same; and the said Inspectors shall be under the same Rules, Regulations and restrictions, and subject to the same Pains and Penalties, and intitled to the same Emoluments, as are by the Laws of this Province appointed for other Inspectors of tobacco.

VII. And be it further Enacted, by the Authority aforesaid, That the Justices of the said County shall and may levy such a Poll Tax on the Taxable Persons within the said County, as shall be necessary for defraying the Expence of Building the said Warehouses and other Conveniences; which shall be collected by the Sheriff of the said County, in like Manner as Public Taxes are collected, and accounted for to the Court.

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

-------------------- page 514 --------------------
Inspectors attending the said Inspection shall be allowed the Annual Salary of Eight Pounds Proclamation each.

IX. And whereas by Reason of the great Quantities of Tobacco brought to Howell's Warehouse, in Edgecomb County; to Jones's and Pace's Warehouses, in Northampton County; to Kahukee, and to Barnes's Warehouses, in Halifax County, and to the Warehouses in Edenton, the Inspectors officiating at the same are obliged to a more constant Attendance than formerly; and the Salary by Law allowed them is not adequate to the Service they perform; Be it therefore further Enacted, by the Authority aforesaid, That the Inspectors respectively officiating at Jones's and Pace's Warehouses, shall have and receive the Sum of Twenty-five Pounds; the Inspectors officiating at Kahukee and Barnes's Warehouses, the Sum of Twenty Pounds; the Inspectors attending at Howell's Warehouse, the Sum of Fifteen Pounds; and the Inspectors attending the Warehouses in Edenton, Fifteen Pounds, Proclamation Money each, instead of the Salaries now by Law allowed them.

X. And be it further Enacted, by the Authority aforesaid, That the Inspectors officiating at the Warehouse in Edenton, shall hereafter constantly attend at the said Inspection, at the same Times, and be in all Respects under the same Regulations, as the Inspectors officiating at the Town of Halifax.

XI. And be it further Enacted, by the Authority aforesaid, That the Salary which by Law is appointed to be paid to the Inspectors who officiate at the Warehouses at Pitch Landing in the said County of Northampton, henceforth shall be discontinued and cease; and the said Inspectors, from and after the Passing of this Act, instead thereof shall and may take and receive to their own Use, Three Shillings Proclamation Money, for each Hogshead of Crop Tobacco, and Five Shillings like Money for every Hogshead Transfer Tobacco, which shall be Inspected at the said Inspection, and which at present is by Law directed to be paid to the Use of the County by the Exporter thereof; any Law or Usage to the contrary notwithstanding.

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