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
June 26, 1760 - July 15, 1760
Volume 23, Pages 516-522

-------------------- page 516 --------------------
LAWS OF NORTH CAROLINA, 1760.

At an Assembly, begun 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 from thence continued, by several Prorogations, to the Twenty Sixth Day of June, in the Year of our Lord One Thousand Seven Hundred and Sixty; to be then held at Wilmington: Being the Third Session of this present Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.
An Act for granting an aid to his Majesty.

(First six clauses omitted, as they have had their effect.)

VII. And whereas there is not Money in the Public Treasury to answer the Purposes aforesaid, and the reduced State of the Province renders it impracticable to raise the same by an immediate Poll-tax; Be it Enacted by the Authority aforesaid, That the Hon. John Swann, and Lewis De Rossett, Esqrs., and Samuel Swann and John Starkey, Esqrs., are hereby authorized, impowered and required, to stamp or print and make out or cause to be stamped or be printed, and also to sign with their Hands, Public Bills of Credit, to the Amount of Twelve Thousand Pounds, at the Rate of Proclamation Money, That is to say, One Thousand of Three Pounds, One Thousand of Two Pounds, One Thousand of Thirty Shillings, Two Thousand of One Pound, Two Thousand Three Hundred of Ten Shillings, Four Thousand of Five Shillings, Five Thousand of Two Shillings, and Eight Pence, Twenty Five Hundred of Two Shillings, Four Thousand of One Shilling, Four Thousand Five Hundred of Eight Pence, Two Thousand of Six Pence, and Two Thousand of Four Pence, each; and shall receive for stamping or printing and making out, and signing the same, Two per Cent., and no more: And that the aforesaid John Swann, Lewis De Rossett, Samuel Swann, and John Starkey, shall, before they stamp, print, or sign, any of the said Public Bills of Credit, give their respective Bonds, with sufficient Security, to our Sovereign Lord, the King, his Heirs and Successors, for the Use of the Province, in the Sum of Twelve Thousand Pounds each, for the Faithful Discharge of the Trust in them reposed by this Act; which Bonds shall be lodged in the Secretary's Office.

VIII. And be it further Enacted, by the Authority aforesaid, That the said Bills of Credit, when so stamped or printed and signed as aforesaid, shall be delivered into the Public Treasury of this Province, that is to say, Six Thousand Pounds thereof to John Starkey, Public Treasurer of the Southern District, and the other Six Thousand Pounds to Thomas Barker, Public Treasurer of the Northern District, and shall be applied to the Uses and Purposes by this Act directed.

IX. And be it further Enacted, by the Authority aforesaid, That the said Bills of Credit shall be current, and a Lawful Tender in all Payments whatsoever, as Proclamation Money.

X. And be it further Enacted, by the Authority aforesaid, That the said Public Treasurers, when directed, until the Sum of Seven Thousand Pounds, by this Act granted for raising, paying and subsisting the Companies aforementioned, shall be fully paid, shall make Payment in the said Bills of Credit

-------------------- page 517 --------------------
to such Person or Persons as the Governor, or Commander in Chief, by his Warrant or Warrants, shall order and appoint to receive the same.

XI. And be it further Enacted, by the Authority aforesaid, That the Person or Persons who shall receive the said sum of Seven Thousand Pounds, or any Part thereof, by Virtue of any Warrant or Warrants, shall account with the General Assembly for the same; And every such Person or Persons, before receiving the said Money, shall enter into Bond, with good and Sufficient Security, to his Majesty, his Heirs and Successors, in double the Sum he shall so receive; with Condition that he will account with the General Assembly for the Sum or Sums he shall receive from the said Treasurers or either of them, by Virtue of such Warrant; which Bond shall be taken by, and lodged with the Treasurer who pays such Money; And in case of a Breach of the Condition thereof, may be put in Suit, and a Judgment being obtained thereon, the Money recovered shall be applied towards defraying the Contingent Charges of Government, in such Manner as the General Assembly shall direct, and to no other Use whatsoever.

XII. And be it further Enacted, by the Authority aforesaid, That the said Sum of Seven Thousand Pounds shall, by the Direction of the Governor or Commander in Chief for the Time being, be applied to the particular Purposes by this Act hereinbefore Directed, if necessary; but if a less Sum shall be found sufficient for the same, the Surplus shall be applied towards defraying the Contingent Charges of Government, already allowed, or which shall hereafter be allowed, by the General Assembly, and to no other Purpose whatsoever.

XIII. And for the greater Encouragement of Persons as shall enlist voluntarily to serve in the said Companies, and other Inhabitants of this Province who shall undertake any Expedition against the Cherokees, and other Indians in Alliance with the French; Be it further Enacted, by the Authority aforesaid, That each of the said Indians who shall be taken a Captive during the present War by any Person as aforesaid, shall, and is hereby declared to be a Slave, and the Absolute Right and Property of who shall be the Captor of such Indian; and shall and may be possessed, pass, go and remain to such Captor, his Executors, Administrators, and Assigns, as a Chattel personal; And if any Person or Persons, inhabitant or Inhabitants of this province, not in actual Pay, shall kill an Enemy Indian or Indians, he or they. shall have and receive Ten Pounds for each and every Indian he or they shall so kill; and any Person or Persons who shall be in the actual Pay of this Province, shall have and receive Five Pounds for every Enemy, Indian or Indians he or they shall so kill, to be paid out of the Treasury; any Law, Usage or Custom, to the contrary, notwithstanding.

XIV. Provided always, That any Person claiming the said Reward, before he be allowed or paid the same, shall produce to the Assembly the Scalp of every Indian so killed, and make Oath, or otherwise prove that he was the Person who killed, or was present at the killing the Indian whose Scalp shall be so produced; and that he hath not before had or received any allowance from the Public for the same; And as a further Encouragement, shall also have, and keep to his or their own Use or Uses, all Plunder taken out of the Possession of any Enemy Indian or Indians, or within Twenty Miles of any of the Cherokee Towns, or any Indian Town at War with any of his Majesty's Subjects.

XV. And be it further Enacted, by the Authority aforesaid, That Two Thousand Pounds of the Remainder of the aforesaid Twelve Thousand Pounds, shall be, and is hereby appropriated, to and for the Payment of the aforesaid Rewards to such Person and Persons as, by killing any of the

-------------------- page 518 --------------------
aforesaid Indians, shall be intitled to receive the same; but if a less Sum shall be found sufficient for the said Purpose, the Surplus shall be applied towards paying the several Creditors of the Public such Claims as already have been, or shall be allowed by the General Assembly, and to any other Purpose: And the Residue of the said Twelve Thousand Pounds is hereby appropriation to and for the Payment of the Debts of the Public, chargeable on the Contingent Fund, and shall not be otherwise applied.

XVI. And be it further Enacted, by the Authority aforesaid, That if any Person shall forge or counterfeit any of the said Bills of Credit, or shall pass or utter the same in Payment or Exchange, knowing the same to be forged or counterfeited, the Offender therein, being Lawfully convicted, shall be adjudged a Felon, and suffer as in Cases of Felony, without the Benefit of Clergy.

XVII. And for redeeming the said Public Bills of Credit, Be it Enacted by the Authority aforesaid, That a Poll-Tax of One Shilling be laid on every Taxable Person within this Province, to commence on the First Day of January, One Thousand Seven Hundred and Sixty Three, and to continue until the whole Sum to be emitted by this Act shall be paid in and burnt; which said Tax shall be collected by the Sheriffs of the several Counties, and accounted for and paid to the Treasurers of the several Districts, in the same Manner and under the like Penalties, as are by Law Directed for the collecting, accounting for, and paying other Public Taxes.

CHAPTER II.
An Act for Appointing a Militia.

I. Whereas it requires a Militia to be appointed, for the Defense of the Country, at this critical Juncture;

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all Freemen and Servants within this Province, between the Age of Sixteen and Sixty, shall compose the Militia thereof; and that the several Captains of the same, shall enroll the Names of all such Freemen and Servants of which their several Companies consist; and shall, at their respective General Musters, return a Copy thereof to the Colonel of their respective Regiments, under the Penalty of Five Pounds Proclamation Mony; to be levied by a Warrant from the Colonel of the Regiment, directed to the Sheriff of the County to which the said Regiment shall belong: which Sheriff shall be paid, out of the said Penalty, the Sum of Twenty Shillings; And in Case any Sheriff shall neglect or refuse to serve such Warrant, he shall forfeit and pay the Sum of Five Pounds; to be recovered by Action of Debt, in any Court of Record, and to be applied as hereinafter directed; which copy so returned, shall by every Colonel, be returned to the Governor or Commander in Chief for the Time being, under the like Penalty; And that all Persons after being so Enrolled, who shall at any Time (unless rendered incapable by sickness or other Accident) neglect or refuse, when called upon, to appear at such Times and Places where ordered by the Colonel or Commanding Officer, there to be mustered, trained, and exercised in Arms, and be provided with a well-fixed Gun, shall forfeit and Pay, if at a private Muster, Six Shillings, if at a general Muster Ten Shillings; and shall also be provided with a Cartouch-Box, a Sword, Cutlass or Hanger, and have at least Nine Charges of Powder (made into Cartridges) and sizable Bullets or Swan Shot, and Three spare-flints, a Worm, and Picker, under the Penalty, if at a private Muster, the Sum of Three Shillings, if at a General Muster Five Shillings; to be levied by a Warrant from the Captain of the

-------------------- page 519 --------------------
Company, directed to the Sergeant of the same who shall make a Return thereof to the Captain; which Sergeant shall deduct Two shillings for every Fine so levied; And in Case such Sergeant or Sergeants shall neglect or refuse to serve any Warrant or Warrants to him or them so directed, he or they, for such neglect or refusal, shall be fined Forty Shillings; to be recovered by a Warrant from the Captain, directed to any other Sergeant, under the same Penalty; to be accounted for and applied as other Fines in this Act directed.

III. Provided always, That every Absentee shall be allowed till the next succeeding Muster to make his Excuse, before the Captain shall issue his Warrant unless against such Defaulters, as he may suspect are about removing themselves out of the County; in which Case, it shall and may be lawful for the Captain to issue a Summons, to cause such suspected Person to appear before him to make his Excuse for such Absence; and upon hearing the same, or upon the Person's refusing to obey such Summons, the Captain shall then proceed as to him shall seem just; And every Person that shall be Fined by Virtue of this Act, and shall think himself injured by his Officers may appeal to the next Court Martial, first giving Security to appear and abide by the Judgment of the said Court; and if Judgment shall be against him, that he will then and there pay the Fine, with Two Shillings Costs.

IV. Provided also, That no Member of his Majesty's Council, no Member of the Assembly, no Minister of the Church of England, no Presbyterian Minister regularly called to any Congregation in this Province, no Justice of the Superior Courts, Secretary, Practising Attorney, no Man who has bore a military Commission as high as that of a Captain, or Commissioned Officer who has served in the Army, no Justice of the Peace, no Clerks of the Court of Justice, practising Physician, Surgeon, Ferryman, Overseer, having the Care of Six Slaves, Inspectors or Public Millers, shall be obliged to inlist themselves, or appear at such Musters.

V. And be it further Enacted, by the Authority aforesaid, That if the Captain, Lieutenant, or Ensign, or any Two of them shall adjudge any Person or Persons enrolled as aforesaid, to be incapable of providing and furnishing him or themselves with the Arms, Ammunition, and Accoutrements, required by this Act, every such Person shall be exempt from the Fines and Forfeitures imposed by Virtue of this Act until such Arms, Ammunition, and Accoutrements, shall be provided for and delivered him by the Court Martial; to be paid for out of the Fines already collected, and that may hereafter be collected.

VI. And be it further Enacted by the Authority aforesaid, That the Captain of every Company within this Province, shall and they are hereby required, to choose a Clerk, Three Sergeants, Three Corporals, and a Drummer, for the said Company; Which said Clerk shall give his Attendance, with his Sword by his side, on every Muster Day, and call over the Roll of the Company, and take Notice of the Persons who are absent on each of the said Muster Days and return upon Oath, a true List of the Absentees to his Captain; and shall also before the Company, proceed to their Exercise, read distinctly, and with an Audible Voice, at the Head of his Company, this Act; and if the Clerk, Sergeants or Corporals, or any of them so chosen, shall refuse to act in the Office he is appointed to, he shall forfeit and pay the Sum of Forty Shillings.

VII. And be it further Enacted, by the Authority aforesaid, That in Case of any Insurrection within this Province, or Invasion, it shall and may be lawful for the Governor or Commander in Chief for the Time being, or any Field Officer by him directed, to raise all or so many of the Militia as shall

-------------------- page 520 --------------------
be thought necessary for opposing such Insurrection or Invasion; and the Militia so raised, shall perform such Duty or Service as they shall be required to do by their Commanding Officer; and it is hereby required and directed, that the said Militia shall appear furnished with Arms, Ammunition, and Accoutrements as aforesaid.

VIII. And be it further Enacted by the Authority aforesaid, That every Person who shall neglect or refuse, on Call or Alarm given, to appear at such Times and Places as shall be appointed by his Captain or other officer, shall forfeit and pay Ten Pounds, Proclamation Money; to be levied by a Warrant from the Colonel or Commanding Officer for that Service, directed to the Sheriff of the County where the Offender resides; And such Sheriff, who is hereby required and directed to execute the same, shall for every Neglect or Refusal, forfeit and pay the Sum of Ten Pounds, Proclamation Money, to be recovered by Action of Debt, in any Court of Record in this Province. And any Person who shall refuse to march against the Enemy, when commanded, or refuse or neglect to do his Duty, or perform the Service he is put upon by such Captain or other Officer, or shall quit his Post, desert his Colors, or Mutiny; it shall and may be lawful for One Field Officer, or more, Four Captains, Four Lieutenants, and Four Ensigns, or the Majority of them openly to hold a Court Martial; first taking the following Oath:

You shall swear, well and truly to try and determine, according to your Evidence in the Matter now before you, between our Sovereign Lord the King and the Prisoner to be tried. So help you God.

And on Trial and Conviction, to punish the Offender according to Law, as the Nature of the Offense may require; (Death excepted) and for want of such number of Officers to compleat a Court Martial, the offender shall be kept under a Guard until such Time as there are a sufficient Number to hold a Court Martial as aforesaid.

IX. And be it further Enacted, by the Authority aforesaid, That the Private Men, when on Duty, and in the Actual Service of their Country, more than Six Days, shall be allowed One Shilling per Day, each.

X. And be it further Enacted by the Authority aforesaid, That every Captain of a Company shall, twice within Six Months, at such Times and Places within their several Districts as their respective Colonels shall appoint, muster his Company, and see that every Soldier in his said Company be furnished with such Arms, Ammunition and Accoutrements, as in and by this Act is directed; under the Penalty of Five Pounds for each Muster he shall neglect; to be levied by Warrant from the Colonel or Commanding Officer of the County; and to be applied as by this Act is directed; and that each and every Company shall consist of not less than Fifty Men exclusive of Officers.

XI. And be it further Enacted, by the Authority aforesaid, That all Officers of the Militia shall be resident in the County for which they are appointed Officers.

XII. And be it further Enacted, by the Authority aforesaid, That if any Soldier shall, during the Time of Muster, resist his Commanding Officer, or refuse his lawful Commands; such Soldier shall be punished at the Discretion of his Officer, by being tied Neck and Heals, not exceeding Fifteen Minutes, picqueted, or ride the Wooden Horse; and if any Officer or Soldier shall refuse to carry such Commands into Execution, he or they so offending, shall forfeit and pay the Sum of Five Pounds; to be levied by a Warrant from any Field Officer in the Regiment, and applied as other Fines mentioned in this Act.

XIII. And be it further Enacted, by the Authority aforesaid, That if any Number of Men, not less than Thirty, nor exceeding Sixty, including Officers

-------------------- page 521 --------------------
belonging to any of the Regiments within this Province, shall desire to form themselves into a Troop of Horse; it shall and may be lawful for such Persons, by and with the assent of the Colonel of the Regiment, to form themselves into a Troop, and give a List of their Names to the Colonel, who shall forthwith return the same, under his Hand and Seal, to the Governor or Commander in Chief of this Province for the time being and it shall and may be lawful for the said Governor or Commander in Chief to appoint and Commissionate a Captain, Lieutenant and Cornet, to the said Troop; and when the Commanding Officers of the said Troop are ready, and shall exercise the said Troop, and not before the persons so enrolled in the said Troop shall be, and are exempt from their Service in the Foot Companies; and the Officers and private Men of the said Troop, shall afterwards be subject to muster as many Times, as well with Regard to private Musters as to the General Muster of the County and under the same Penalties as in and by this Act before directed for the Foot to muster.

XIV. And be it further Enacted, by the Authority aforesaid, That every Trooper shall be provided with a good, serviceable Horse, not less than Fourteen Hands high, with a good Bridle, Saddle, Holsters, Housing, Breast-Plate and Crupper, a Case of good Pistols, a good Broad Sword, Twelve Charges of Powder, Twelve sizeable Bullets, a Pair of Shoe-Boots, with suitable Spurs, and a Carbine well fixed, with a good Belt, Swivel and Bucket.

XV. And be it further Enacted, by the Authority aforesaid, That the Colonels of each and every Regiment shall, once within Five Months, cause a general Muster to be made of their respective Regiments, at such Times and Places within the several Counties as they shall think proper to appoint; which if any of them shall fail or neglect to do, and fail to appear at such Musters, (sickness or accident excepted) he or they so offending, shall forfeit and pay the Sum of Twenty Pounds; to be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record within this Province; one-half thereof to such Person who shall sue for the same, and the other Half to be applied as other Fines in this Act directed.

XVI. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Field Officers and Captains of every County, or the Major Part of them, whereof the Colonel, Lieutenant- Colonel, or Major, shall be One; and they are hereby required to meet at the Court House or Place of general Muster of their Counties respectively, on the Day next following the respective General Muster which shall be in their Counties, then and there to hold a Court Martial; Which said Court shall have full power to enquire into the Age and abilities of all Persons inlisted, and to exempt such as they shall judge incapable of Service, and of all Neglects and Omissions, as well by any Officer as Delinquent; and to hear and determine all appeals which shall be made to the Court from any Officer or Soldier who may think himself unjustly Fined by his Captain; and to order and to dispose of all Fines; In the First Place, for buying Drums, Colours, and other necessaries, for the use of the Company from whence the same shall arise, and afterwards for supplying the Militia with Arms; and the said Court is hereby directed and required, to keep a Register of all their Proceedings; and for that purpose to appoint a Clerk, and to allow him a reasonable Salary out of the Fines.

XVII. And be it further Enacted, by the Authority aforesaid, That the Court Martial of every County shall have full Power, from Time to Time, to call the Sheriff, or any other Person or Persons whatsoever to Account on Oath, who shall pay to them the Monies in the Hands of him or them belonging to their respective Regiments, that have accrued and become due

-------------------- page 522 --------------------
by Virtue of a late Act of Assembly, intituled, An Act for the better Regulation of the Militia, and other purposes, passed in the Thirtieth Year of his Majesty's Reign; or shall or may become due by Virtue of this Act. And if any Sheriff or other Person shall refuse or neglect to appear, account and pay as aforesaid, he shall forfeit and pay the Sum of Five Hundred Pounds; to be recovered with Costs, by the Colonel of the Regiment to which such Money is or may become due, by Action of Debt or Information, in any Superior Court; and to be applied to the Use of the Regiment. And when any Suit shall be brought by the Colonel, and he shall happen to die, or be superseded before such suit shall be determined, the same shall and may be carried on by the succeeding Colonel, in the Name of his Predecessor, who brought such suit; And the Death of the Colonel, or his being displaced, shall not be pleaded in abatement of such suit, nor deemed Matter of Error; any Law or Usage to the contrary notwithstanding.

XVIII. And be it further Enacted, by the Authority aforesaid, That every Colonel failing to appear at such Court, and every Lieutenant-Colonel failing to appear at the General Muster, or such Court as aforesaid, for every such Offense, shall Forfeit and pay the Sum of Five Pounds Proclamation Money, and every Captain failing as aforesaid, shall Forfeit and pay three Pounds; and every Lieutenant or Ensign failing to appear at the general Muster, Forty Shillings, unless they shall make such Excuse for their absence to the next succeeding Court, as the said Court shall judge sufficient; And every Captain, or in his Absence, the Clerk of the said Company, shall return, on Oath, an exact List of the Persons who have been Fined, and whether for Absence or want of Accoutrements; and every Captain shall then and there pay, into the Court, all such Fines as he shall have received, under the Penalty of Fifty Pounds; to be levied by a Warrant from the Colonel; which said Fine shall be applied as other Fines by this Act are directed.

XIX. And be it further Enacted by the Authority aforesaid, That each and every Captain shall procure a Copy of this Act, and lodge the same with the Clerk of his Company; and be allowed for the same out of the Fines.

XX. And be it further Enacted, by the Authority aforesaid, That no Officer or Soldier, ordered and directed by this Act to appear at Muster as aforesaid, shall be liable to be taken or arrested by any Officer in any Civil Action or Process whatsoever, on the Day such Person is directed to appear, in any reasonable Time, either in going to, continuing at, or returning Home, from the Place appointed to Muster; but every such Arrest is hereby declared to be Ipso Facto void; and all Officers are hereby required to take Notice thereof; any Law, Usage, or Custom, to the contrary notwithstanding.

XXI. And be it further Enacted, by the Authority aforesaid, That every Person liable to appear or Muster, going to, or returning from any Muster, shall be suffered to pass over any Bridge, and shall be put over any Ferry without Delay, free from any Charge whatsoever; and if any Ferryman shall demand, delay, or refuse to put such Person or Persons over, he shall forfeit and pay for every such Offense, the Sum of Twenty Shillings; to be recovered by a Warrant from a Justice of the Peace; one Half to the Informer, the other Half for the Use of the Parish wherein the Offense was committed.

XXII. And be it further Enacted, by the Authority aforesaid, That this Act shall be and continue in Force for and during Six Months, and no longer.

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