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Acts of the North Carolina General Assembly, 1760
North Carolina. General Assembly
November 07, 1760 - December 03, 1760
Volume 23, Pages 523-538

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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 Thirtieth Day of November in the Year of our Lord One Thousand Seven Hundred and Sixty; to be then held at Wilmington: Being the Fourth Session of this present Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.
An Act to regulate Elections for Members to serve in the General Assembly, and to ascertain who shall be qualified to vote at the said Elections, or to be elected a Member of the General Assembly; and to direct the Method to be observed in taking the Poll at the several Elections in the Counties and Towns in this Province.

I. Whereas there is no Law now in Force in this Province to ascertain the Method of taking the Poll at the Election of Members to serve in the General Assembly, or who shall be qualified to vote at, or be elected a Member to serve as aforesaid.

II. We therefore pray that it may be Enacted, And 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 Sheriffs of the several respective Counties within this Province shall, at all Elections hereafter to be made in the several and respective Counties for Members to sit in General Assembly, take the Votes of the Freeholders qualified to vote, in Manner following; that is to say, each and every Sheriff of the several Counties, shall, at the Day appointed for choosing Members of Assembly, come to the Place by Law appointed for holding such Election in his County, and the Candidates then present, shall nominate and appoint two Inspectors to see the Poll fairly and impartially taken; and if the candidates then present shall refuse or neglect, the Sheriff or Under Sheriff of the County, shall nominate and appoint the said Inspectors, and the Sheriff shall, at or before Ten O'clock in the Forenoon, open the Poll, and after Proclamation made for the Freeholders to come and give their votes, shall take a List of the Names of the Voters who shall give their Suffrage, and the Votes shall be given openly, and the Poll kept open until Sunset, unless the Candidates then present shall agree to have it closed sooner; and the Sheriff shall then, in the Presence of the Inspectors, cast up the Number of Votes given for each Candidate, and declare the Person or Persons who shall have the greatest Number of Suffrages, to be duly elected; and in case of an equality of Votes among any of the Candidates, the Sheriff shall have the casting Vote, and in no other case give his Vote.

III. And to prevent Disputes which may hereafter arise in electing of Members to serve in Assembly, relating to who shall be understood to be a Freeholder; Be it Enacted by the Authority aforesaid, That every Person who Bona Fide, hath an Estate real for his own Lifetime, or the Life of another, or any Estate of greater Dignity of a sufficient Number of Acres in

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the County which by the Law enables him to vote, or be a Candidate for such County, shall be accounted a Freeholder within the Meaning of this Act.

IV. And be it further Enacted by the Authority aforesaid, That no Person shall hereafter be admitted to give his vote in any Election of a Member or Members to sit in General Assembly for any County within this Province unless he hath been an Inhabitant of this Province Six Months, and hath been possessed of a Freehold, within the Meaning of this Act, of Fifty acres of Land, at least three Months before he gives his Vote, and is also of the full Age of Twenty-one Years: And that hereafter, no Person shall be deemed qualified, or admitted to sit and vote in the General Assembly, unless he hath been one full Year an Inhabitant of this Province, and possessed of a Freehold, within the Meaning of this Act, of at least One Hundred Acres of Land in the County for which he shall be elected or chosen, and is also of the full Age of Twenty-one Years at the Time he is chosen.

V. And be it further Enacted by the Authority aforesaid, That every Freeholder, before he is admitted to give his Vote as aforesaid at any such Election, if it be required by the Candidates, or any of them, or any other Freeholder in their Behalf, shall take the following Oath; which Oath the Sheriff or under Sheriff is hereby impowered and directed to administer, Viz.:

You shall Swear, that you have been Six Months an Inhabitant of this Province, and that you have been possessed of a Freehold of Fifty Acres of Land for Three Months past, in your own Right, in the County of —— and that such Land hath not been granted to you fraudulently, on purpose to qualify you to give your Vote; and that the Place of your Abode is in the County of —— and that you have not voted in this Election. So help you God.

VI. And be it further Enacted by the Authority aforesaid, That when any Sheriff shall receive a Writ or Writs for the Election of a Member or Members for any County within this Province, he shall advertise, or cause to be advertised, the same at every Church and Chappel, and Court House within his County, immediately after Divine Service, on Three several Sundays, successively, next before the Election, if there be so long a Time between his receiving the Writ and the Day of Election; and the Freeholders within the Intent and Meaning of this Act, within the County or Town where the Election is to be made, respectively, shall appear accordingly, and give his Vote at such Election; And if any Person shall give his Vote at any Election, who is not a Freeholder within the Meaning of this Act, or shall Vote Twice at the same Election, such Person shall forfeit and pay the Sum of Five Pounds, Proclamation Money, to him or them that will sue for the same; to be recovered with Costs of Suit, in any Court of Record in this Province, by Action of Debt; wherein no injunction or Wager of Law shall be allowed or admitted of.

VII. And be it further Enacted by the Authority aforesaid, That where any Suit shall be brought against any Person for voting, not being a Freeholder, the Onus Probandi shall be on the Defendant.

VIII. And be it further Enacted by the Authority aforesaid, That no Person or Persons, hereafter to be elected to serve in the General Assembly for any County or Town within this Province, shall or do, by himself or themselves, or by any other Ways or Means in his or their Behalf, or at his or their Charge, before his or their Election to serve in General Assembly for any County or Town within this Province, either directly or indirectly, give, present, or allow to any Person or Persons, having Voice or Vote in such Election, any Money, Gift, or Reward or Present, or make any Promise to do the same to, or for him or themselves, or for any such Person or Persons

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in Particular to any such County or Town in General, in order to be elected to serve in the General Assembly for any such County or Town; and that all and every such Person so offending, and being guilty herein, after proof thereof made to the House, shall be disabled, and incapable upon such Election, to serve in the General Assembly for such County or Town during the Continuance of that Assembly.

IX. And be it further Enacted by the Authority aforesaid, That if at any Time any Candidate, or other Person in his Behalf, shall desire a Copy of the Poll, the Sheriff or Under-Sheriff who takes the Election, shall, within Ten Days after such Election, cause a Fair Copy thereof to be made, and shall deliver it attested, with his own Hand, into such Candidate, or other Person as shall require the same as aforesaid.

X. And be it further Enacted by the Authority aforesaid, That each and every Member so elected, shall, before he be admitted to sit or vote in the Assembly, take the Oaths appointed to be taken by an Act of Parliament made in the First Year of the Reign of his late Majesty King George the First, intitled, An Act for the further Security of his Majesty's Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants, and for extinguishing the Hopes of the pretended Prince of Wales, and his open and secret abettors; and the Oath of Abjuration, and repeat and subscribe the Test.

XI. And be it further Enacted by the Authority aforesaid, That if the Sheriff of any County, or in his Absence, the Under-Sheriff, shall refuse to take the Poll, or take it in any other Manner than is herein directed, or shall refuse or neglect to give a Copy of the Poll as aforesaid, within Ten Days after such Election, or shall not regularly and in Time return the Writ of Election, or shall make a False Return thereof; every such Sheriff or Under Sheriff as aforesaid offending herein, or in any of these Cases respectively, shall forfeit and pay the Sum of Fifty Pounds, Proclamation Money; one Moiety to his Majesty, his Heirs and Successors, for and towards defraying the contingent Charges of Government, and the other Moiety thereof to him or them that will sue for the same; to be recovered with Costs, in any of the Superior Courts of Pleas and Grand Sessions of this Province, by Action of Debt; wherein no Essoign, Injunction, Privilege or Wager of Law, shall be allowed.

XII. Provided always, That the Election of Members for the several Towns in this Province to sit and vote in the General Assembly, and the Qualifications of the Candidates, and Votes for Members to represent the said Towns, shall be as prescribed by the several Acts of Assembly of this Province in such Cases made and provided: Any Thing in this Act contained to the contrary notwithstanding.

XIII. And whereas there is no Law now in Force for ascertaining the Qualifications of the Candidates and Voters for the Town of Brunswick; Be it further Enacted, by the Authority aforesaid, That no Person shall be deemed qualified to be a Representative for the said Town, to sit and vote in the General Assembly, unless on the Day of Election he be, and for three Months next before, was seized, in Fee Simple, of a Brick, Stone, or framed House, in the said Town, of the Dimensions of Twenty Feet by Sixteen with one or more Brick or Stone Chimney or Chimnies; and that every Tenant of any Stone or Habitable House of the Dimensions aforesaid, within the Bounds of the said Town, who at the Day of Election, and for three Months next before, inhabited such House, shall be intitled to vote in the Election for the Representative of the said Town; and in Case there shall be no Tenant

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of such House in the said Town on the Day of Election, qualified to vote as aforesaid; then, and in such Case, the Person seized of such House, either in Fee-Simple, Fee-Tail, or for Term of Life, shall be intitled to vote for the Representative aforesaid: Any Thing in this Act contained to the contrary notwithstanding.

CHAPTER II.
An Act for obtaining an exact List of Taxables, and for the effectual collecting all Taxes for the Future due and payable, and other Purposes therein mentioned.

I. Whereas it appears, by the List of Taxables delivered in by the Magistrates at the several and respective Counties of this Province, that a full and compleat List has never yet been obtained by any Law now in Force; and whereas the equal Payment of Taxes is of great Consequence: therefore,

II. Be it Enacted by the Governor, Council, and Assembly and by the Authority of the same, That all and every white Person, Male, of the Age of Sixteen Years and upwards, all Negroes, Mulattoes, Mustees, Male and Female, and all Persons of Mixt Blood to the Fourth Generation, of the Age of Twelve Years and upwards, and all white Persons intermarrying with any Negro, Mulatto, Mustee, or other Person of Mixt Blood, while so intermarried, and no other Person or Persons whatsoever, shall be deemed Taxables; any Law, Usage, or Custom, to the contrary notwithstanding.

III. And be it further Enacted, by the Authority aforesaid, That from the passing of this Act, the Method for obtaining an exact List of Taxables shall be in the following Manner, any Law, Usage, or Custom, to the contrary notwithstanding; that is to say, the Justices of each County shall, at the next Court to be held for their respective Counties after the First Day of May next, and so yearly, issue their Warrant, signed by the Chairman, directed to the Constable in each and every District in the respective Counties, Authorizing and commanding him to go from House to House in his District, and summon the Master or Mistress of every Family, and the Overseer of every Plantation of which there is no Master or Mistress within his District to appear, and they are hereby required to appear, before the Magistrate that shall be appointed by the Court to receive the List of Taxables in such District preceding the Time of holding the then next Court to be held for such County, and there to give in, upon Oath, a List in Writing of all the Taxables in his or her Family, setting forth in such List the Name and Sex of each Taxable Person, whether white or black, bond or free, and distinguishing such Male Slaves as are Sixteen Years of Age or upwards and the Constable of each and every District shall likewise give in to the Magistrates of his District a List, upon Oath, of all such Persons so warned, which list shall contain the Names of all the Masters and Mistresses of Families, and Overseers of Plantations, within his District; And in Case any Constable shall die, remove, or be anywise rendered incapable of serving in his Office, the Magistrate of such District is hereby required to appoint and Qualify another Person to act as a Constable to serve in such District, until the Time appointed by Law for appointing a Constable, which Constable so appointed, shall be under the like Rules and Penalties as the former Constable.

IV. And be it further Enacted, by the Authority aforesaid, That each Constable neglecting to summon the Master, Mistress, or Overseer, as aforesaid, or neglecting to return such List as is hereinbefore directed, shall forfeit

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and pay the Sum of Five Pounds, Proclamation Money, for each and every Neglect; to be recovered and applied as is by this Act Directed.

V. And be it further Enacted, by the Authority aforesaid, That the Court of each and every respective County shall, at the same Court they appoint Constables, appoint one Magistrate for each District to take and receive the List of Taxables for such District; which Justice so appointed is hereby required and directed to receive, upon Oath, from all Persons that are liable that shall offer to enlist, being Inhabitants of such District, and shall make a List of all such, and shall compare the same with the Constable's List returned to Him, and if it shall appear that any Person or Persons within his District that ought to inlist him or herself according to the Direction of this Act, hath failed so to do, or that the Constable hath failed to summon any such Person or Persons, such Justice shall report the same to the second Court to be held for such County after the First Day of May, and also shall return to the said Court the Constable's List, and the List of Taxables by him so taken, that all such Person or Persons as have failed in their Duty may be prosecuted; and such Justice shall set forth in his List the Names of every Master or Mistress of Families, and Overseers of Plantations of which there is no Master or Mistress in the County, the Name and sex of each Taxable Person, whether white or black, bond or free, and distinguishing such Male Slaves as are sixteen Years old and upwards.

VI. Provided always, That in Case no Justice shall preside within any such District, the Court shall and may appoint another or other of the Justices of the County as shall be most convenient to serve for such District or Districts.

VII. Provided also, That in Case any Justice or Justices shall die, remove, or be any ways rendered incapable to serve in his Office the Chairman shall and may, by his Warrant, appoint some other Justice of said Court in the Room of any such Justice or Justices so dying, removing, or any wise rendered incapable; which Justice so appointed, shall act under the like Rules and Penalties of the former Justice.

VIII. And be it further Enacted, by the Authority aforesaid, That in Case any Court within this Province shall neglect to appoint one Constable to summons, and one Justice to receive the List of Taxables in each and every District within their respective Counties, according to the Direction of this Act, the Justices of such Court shall forfeit and pay the Sum of One Hundred Pounds, Proclamation Money, for each and every Neglect; to be recovered and applied as other Fines by this Act directed.

IX. And be it further Enacted, by the Authority aforesaid, That every Master, Mistress or Overseer, being summoned, also every Master, Mistress, or Overseer, as through mistake may not be summoned, that shall neglect to appear and give in his or her List of Taxables, according to the Directions of this Act, Ten Days before the Second Court to be held for this County after the First Day of May, shall forfeit and pay the Sum of Forty Shillings, Proclamation Money, for each and every Taxable he or she ought to have inlisted; to be recovered by action of Debt, Bill, Plaint, or Information, in any Court of Record having Cognizance thereof, by any Person who shall sue for the same; one Half whereof to the Prosecutor, the other Half to our Sovereign Lord the King, for the use of the County, where the forfeiture shall arise to be applied by the Court of the said County towards lessening the Tax of the said County.

X. And be it further Enacted, by the Authority aforesaid, That every free Person coming into any County in this Province to reside, on or before the First Day of May, yearly, shall be liable to inlist and pay Taxes unless such

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Person shall produce a Receipt that he, she or they, have paid Taxes for that Year in some other County or Province, under the like Rules and Penalties as is by this Act before directed, and every Person or Persons that have the Care or Management of any Orphan's Estate, or of any Taxable Person thereunto belonging, are hereby declared to be obliged to inlist and pay for all such Taxables as belong to such Estate; and all Persons that shall let out on hire any Taxable Person or Persons, shall inlist and pay for every such Taxable in the County where such Person so letten on hire doth reside under the like Rules and Penalties as is by this Act before directed; any Usage or Custom, to the contrary, notwithstanding.

XI. And be it further Enacted, by the Authority aforesaid, That every Person or Persons, resident within this Province at the Time Taxables are by Law to be inlisted, who have no home or dwelling of his or their Own in such County shall and are hereby required, to procure some House Keeper to list Him or them, under the same Penalties and Forfeitures as by Law are inflicted on Masters of Families neglecting to give in their several Lists.

XII. And whereas many idle Persons within this Province, having no Home or Dwelling of their Own, and neglecting to procure some House Keeper to list him or them, and such Persons having no visible Estate, whereby the Fines and Forfeitures imposed by this Act cannot be recovered and collected from them, or estate sufficient for the Sheriff to make Distress for the Levies as aforesaid; Therefore to compel such Persons to procure some House Keeper to inlist him or them, or to provide by an Honest Industry, to pay the Levies and Taxes annually aforesaid;

XIII. We pray that it may be Enacted, And be it Enacted, by the Authority aforesaid, That from and after the passing of this Act, if any such Person as aforesaid, in any County within this Province, shall refuse or neglect to procure some House Keeper to list him as a Taxable, or shall neglect to pay his levies to the proper Officer who ought to receive the same, at the Times when such Levies are to be by Law paid and collected, the Sheriff of the County where such Person ought to have inlisted, or procured some House Keeper to inlist him, shall make Distress on the goods and chattels of such Person, if any to be found within his said County; and if there is no goods or Chattels of such Person to be found in such County, the Sheriff shall apply to some Magistrate within his said County, and make Oath that such Person as aforesaid hath no Goods or Chattels within the said County whereupon he can make Distress; and such Justice shall issue his Warrant against any such Person as aforesaid; And such Sheriff is hereby ordered and directed to take the Body of such Person, and commit him to the Public Gaol of the said County, there to remain without Bail or Mainprize for One Month, unless some Person will sooner procure his said Levies, and Fees of Imprisonment, to be paid; and such Person being so committed, shall not have the Benefit of the Act of Assembly, intituled An Act for the relief of poor Debtors, as to the Imprisonment of their Persons; but shall, at the Expiration of the said Month, be by the Sheriff sold for his said Levies and Prison Fees at Public Vendue, to such Person who for the shortest Time of Service will pay the Same; and such Person so sold shall during his said Service, be liable to the same Pains and Penalties that indented Servants are liable to by an Act of Assembly of this Province intituled, An Act concerning Servants and Slaves.

XIV. And be it further Enacted, by the Authority aforesaid, That if any Justice or Justices, appointed by the Court, or Chairman of such Court as aforesaid, shall neglect to receive and return his and the Constable's List as is by this Act directed, every such Justice so neglecting, shall Forfeit and

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pay the Sum of Five Pounds, Proclamation Money, for each and every neglect; to be recovered and applied as other Fines by this Act directed.

XV. And be it further Enacted, That the Clerk of each and every Inferior Court shall, within one Month next after the several Lists of Taxables shall be returned by the Justices into Court, transmit one attested Copy of such List, alphabetically digested, yearly to the Sheriff of his County, one attested Copy to the Court, one attested Copy to the Vestry, one attested Copy to the Treasurer, and shall also fix one Copy in the Court-House of his County, and keep the same constantly set up, that all Persons may have an opportunity to peruse and examine the same, under the Penalty of Twenty Pounds for each and every Neglect; to be recovered and applied as other Fines by this Act dircted.

XVI. And be it further Enacted, That the Justices of the several Inferior Courts are hereby impowered and directed to allow and pay unto the Clerk out of the County Tax, such reasonable allowance as they shall think sufficient for the Service as afore-mentioned directed to be done by him.

XVII. And be it further Enacted, That when any Person shall have obtained a Commission for the Office of Sheriff of any County, he shall, before he be admitted to take the Oath of a Sheriff, or enter upon the Execution of his Office, enter into Bond, with sufficient Security, as is directed by an Act of Assembly, intituled, 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: And if any Sheriff shall presume to enter on the Execution of his Office before he shall give such Bond, he shall Forfeit and pay the Sum of Five Hundred Pounds Proclamation Money; to be recovered by Action of Debt, Bill, Plaint, or Information, in the Superior Court of the District where such Sheriff shall reside, by him that shall sue for the same; the one Half to the Prosecutor, the other Half to our Sovereign Lord the King, for the Use of the Public, and shall be applied by the Governor, Council, and Assembly, towards defraying the contingent Charges of Government.

XVIII. And be it further Enacted, That if any Inferior Court within this Province shall fail or neglect to take such Bond, the Justices then sitting shall forfeit and pay the Sum of Five Hundred Pounds Proclamation Money; to be recovered and applied as the Fine herein last before mentioned.

XIX. And whereas Sheriffs, and other Collectors of Taxes, have discovered some Taxables not inlisted, and have demanded and received the Taxes from them, and retained the same to their own Use Be it therefore Enacted by the Authority aforesaid, That all Sheriffs, and Collectors of Taxes, shall hereafter account, on Oath, for all such Taxes and Levies by them, or their Deputy, or Deputies, received, to the respective Treasurer, Inferior Court, or Vestry, as the Case may be; which shall be applied to the Use of the Public, County, or Parish, accordingly, under the Penalty of One Hundred Pounds, Proclamation Money; to be recovered and applied as other Fines in this Act directed.

XX. And be it further Enacted, by the Authority aforesaid, That if any Sheriffs shall refuse or neglect to account for and pay the several County Taxes that have been, or hereafter shall be assessed on the taxable Persons of the County whereof he is Sheriff, and wherewith he shall be chargeable, according to the Directions of the Laws of this Province, after deducting his Commissions allowed him and the several Sums chargeable to Persons who have no visible Estate in such Counties, it shall and may be lawful for the Superior Court of the District where such Sheriff shall live, either before,

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or at any time after the Expiration of his said Office, on Motion of the Chairman of such Inferior Court, to give Judgment against such Sheriff for all the Money wherewith he shall or may be chargeable to the County, with Costs and thereupon to award Execution against the Goods and Chattels, Lands and Tenements, of such Sheriff; provided always, the Sheriff shall have Ten Days previous notice of such Motion.

XXI. And be it further Enacted, by the Authority aforesaid, That the Justices of each, and every County shall purchase, at the expence of the same, well bound Books, for keeping therein a fair Record, in which shall be, by the Clerk of such County Court, yearly, fairly stated, all Accounts relating to the Charge and Expence of all Monies collected and received for the Use of such County; as also an Account of the Number of Taxables in each District, as returned by the several Magistrates thereof; and an Account of all such Persons as shall be discovered to have failed to inlist within such District; and an Account of all the Masters, Mistresses, and Overseers, in each District, as returned by the several Constables of such County; under the Penalty of Twenty Pounds, Proclamation Money, to be recovered and applied as other Fines by this Act directed; for which said Services the Clerk shall be allowed by the Justices, out of the County Tax, all Sum or Sums of Money as they shall think adequate for such Services.

XXII. And be it further Enacted by the Authority aforesaid, That every Sheriff, and every Collector of Public Duties, shall, at his Settlement with the Treasurer of his District, deliver his Account, signed and proved, of all the Monies he hath received, payable to such Treasurer, for the Use of the Public; which Accounts such Treasurer shall produce as a Voucher for the Money by him received, in order to settle with the Assembly; under the Penalty of Five Hundred Pounds Proclamation Money; to be recovered and applied as other Fines by this Act directed.

XXIII. And whereas by the Laws now in Force, the Justices of every County Court, when they settle with their respective Sheriffs, are impowered to make the said Sheriffs an Allowance for such Persons as have no visible Estate, and an attested Copy of such Allowance or Settlement may be given in Evidence when such Sheriffs are sued by the Public Treasurer for the Public Taxes; which Power, in several instances, has been abused; For Remedy whereof; Be it further Enacted by the Authority aforesaid, That from and after the passing of this Act, no County Court shall make such Allowance for Insolvents, nor give any Certificate for the same, unless there shall be Five or more Justices in Court at making such Allowance, who shall all sign the Certificate for the same.

XXIV. And whereas the several Public, County, and Parish Taxes, are not directed to be paid at one and the same Time, whereby several Sheriffs, when they have distrained for said Taxes, have taken Fees for Distress on each Tax: For Remedy whereof, Be it Enacted, and it is hereby Enacted, That after the passing this Act, if any Person or Persons shall fail to pay the Public, County, and Parish Taxes on or before the Tenth Day of March, yearly, the Sheriff shall and may make Distress on such Person or Persons so failing as aforesaid for the whole amount of such Taxes in one Sum, for which Distress he shall and may take Two Shillings and Eight Pence, and no more; any Law, Usage or Custom, to the contrary, notwithstanding.

XXV. And be it further Enacted by the Authority aforesaid, That the several Forfeitures and Penalties by this Act inflicted, for which no Method of Recovery or Application is hereinbefore directed, shall and may be recovered, with Costs, before any Jurisdiction having Cognizance thereof; one Half to the Use of the Prosecutor, and the Other Half to the Use of our

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Sovereign Lord the King, for the Use of the County wherein such Penalty shall be incurred, and be applied by the Justices towards lessening the County Tax.

XXVI. And be it further Enacted, by the Authority aforesaid, That all and every other Act and Acts, and every Clause and Article thereof, for so much as relates to any Matter or Thing within the Purview of this Act, from henceforth shall be repealed and made void.

CHAPTER III.
An Act for erecting the upper Part of Beaufort County into a County and Parish, by the Name of Pitt County, and St. Michael's Parish; and for adjourning the Court from the Court-House on the Land of Thomas Bonner, to the Court-House in Bath Town; and other Purposes therein mentioned.

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

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the First Day of January next, the upper Part of the said County of Beaufort, beginning at the Line between the said County and Tyrrel, running South, South West to Cherry's Run, where the main Road crosses the said Run; thence down the said Run to Tranter's Creek; thence down the said Creek to Pamlico River; thence down the said River to the Fork Point, on the South side of the said River; thence up the Chocowinity Bay and Creek to the Head thereof; thence South. South West to the dividing Line of the said County and Craven; thence along the dividing Lines of Craven, Dobbs, Edgecomb, and Tyrrel; so that all that Part of Beaufort County to the Westward of Cherry Run, Chocowinity Bay and Creek, shall, and is hereby declared to be a separate County and Parish, and shall be called and known by the Name of Pitt County, and St. Michael's Parish, with all and every the Rights, Privileges, Benefits, and Advantages, whatsoever, which any other County or Parish within this Province can, shall, or may lawfully hold, use, or enjoy.

III. And for the due Administration of Justice within the said County, Be it further Enacted, by the Authority aforesaid, That after the said First Day of January, a Court for the said County of Beaufort be constantly held by the Justices thereof at the Court House in Bath Town upon the Days and Times by Law appointed for holding Courts in Beaufort County; any Law, Usage or Custom, to the contrary, notwithstanding.

IV. And be it further Enacted, by the Authority aforesaid, That John Hardy, John Simpson, William Spier, George May, and Isaac Buck, are hereby appointed Commissioners; and they, or the majority of them, are hereby required within Six Months after the passing of this Act, to agree and contract with Work men for the building and erecting a suitable Court House, Prison, Pillory, and Stocks, for the Use of the said County of Pitt, on the Land of Mr. John Hardy, on the South Side of Tar River, near the Chapel known by the Name of Hardy's Chapel.

V. And be it further Enacted, by the Authority aforesaid, That a Poll-Tax of Two Shillings, Proclamation Money, shall be levied on each Taxable Person within the said County of Pitt for Two Years; which Tax shall, on or before the Tenth Day of June, which shall be in the Year of our Lord One

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Thousand Seven Hundred and Sixty One, and Sixty Two, be paid to the Sheriff of the said County.

VI. And be it further Enacted, by the Authority aforesaid, That all Persons in the said County neglecting to pay the said Tax, until the Tenth Day of March in each of the aforesaid Years, to the Sheriff as aforesaid, shall be liable thereafter to the same Distress as for Non-Payment of other Taxes; and the Sheriff of the said County Shall, and is hereby required and directed, on or before the Tenth Day of June in each Year, to account upon Oath, and pay to the said Commissioners, the Survivor or Survivors or the Majority of them, the Money which by Virtue of this Act he hath received, after deducting Six per Cent. for collecting the same, under the Penalty of Two Hundred Pounds, Proclamation Money, to be recovered by the said Commissioners, the Survivors or Survivor of them, by Action of Debt, with Costs, in the Superior Court in the District to which the said County belongs.

VII. Provided nevertheless, That if the Money so to be collected and paid by the Sheriff of the County of Pitt, to the aforesaid Commissioners, shall amount to more than the Sum by them contracted to be paid for the erecting the said Buildings, they shall account for and pay the Overplus thereof to the Justices of the said Inferior Court of Pitt, which by them shall be applied towards defraying the Contingent Charges of the said County.

VIII. And be it further Enacted by the Authority aforesaid, That a Court for the County of Pitt shall be held Quarterly on the last Tuesdays in the Months of February, May, August and November, which said Court shall be held by a Commission to the Justices, in the same Manner, and under the same Rules and Restrictions and shall have and exercise the same Power and Jurisdiction, as prescribed for other Inferior Courts of Pleas and Quarter Sessions within this Province.

IX. And be it further Enacted, by the Authority aforesaid, That the Justice to be appointed by the Inferior Courts of Pleas and Quarter Sessions for the said County of Pitt shall, and they are hereby authorized and impowered to hold a Court for the said County of Pitt on the Days before mentioned, at the House of Mr. John Hardy, until there shall be a Court House built for the said County; at which Time the said Justices are hereby required to adjourn the said Court from the House of the said John Hardy, to the Court House to be built for the said County.

X. And be it further Enacted, by the Authority aforesaid, That nothing herein contained shall be construed to debar the Sheriff of the aforesaid County of Beaufort, as the same now stands undivided, to make Distress for any Taxes, Levies, Fees, or other Dues, that are now, or shall be due from the Inhabitants of the said County for the Year of our Lord One Thousand Seven Hundred and Sixty, or before, but that he may make Distress 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.

XI. And be it further Enacted by the Authority aforesaid, That after the said First Day of January the said County of Pitt shall be, continue, and remain Part of the District of the Superior Court of Pleas and Grand Session to be held for the Counties of Craven, Carteret, Beaufort, Hyde, and Dobbs; and the Justices of the Court of the said Counties of Beaufort, and Pitt shall, and they are hereby directed, before such Superior Court, to nominate six Freeholders to serve as Grand and Petit Jurors at such Superior Court a

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List of which Jurors, so nominated, shall be delivered by the Clerks of each of the said Counties to the Sheriff, who shall, and is hereby required to summons the Persons so nominated to serve as Jurymen at the Superior Court; And in Case any of the Jurymen shall, when nominated and summoned as aforesaid, fail to appear at the said Superior Court, they shall be under the same Rules, Fines, and Regulations, as other Jurymen are by Virtue of one Act of Assembly, passed in New Bern in the Year of our Lord One Thousand Seven Hundred and Sixty, intituled, An Act directing the Method of appointing Jurymen in all Causes criminal and civil; and the Sheriff of the said County of Pitt 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 of the said District.

XII. And be it further Enacted, by the Authority aforesaid, That all Causes, Pleas, Writs, Actions, Suits, Plaints, Process, Precepts, Recognizances, Indictments, Presentments, and other Matters and Things in the said Inferior Court of Beaufort Depending, from and immediately after the First Day of January next, shall stand adjourned and continued from the Court House on the Land of Thomas Bonner to the Court House in Bath Town; and all appearances and Returns of Process shall be made on the Day by Law appointed for holding the said Court to the said Court House; and all suitors and Witnesses bound to appear thereat, in the same Manner as if the said Court had not been removed to the Court house in Bath Town from the Court House on the Land of Thomas Bonner: And all subsequent Process which shall or may Issue on any Action already commenced, and not determined, in the Inferior Court of Beaufort shall be directed to, and executed by the Sheriff of Beaufort County, to the End and final Determination of such Causes; any Law, Usage or Custom, to the contrary notwithstanding.

XIII. And be it further Enacted by the Authority aforesaid, That the Freeholders of the County of Pitt, as the same shall stand divided from the County of Beaufort, shall, and are hereby impowered and required, to meet at the House of Mr. John Hardy, on Easter Monday next after the passing of this Act, then and there to choose and elect Twelve Freeholders to serve as Vestrymen; and the Freeholders of the County of Beaufort, as the same shall stand divided, shall, and are hereby impowered and required, to meet at the Court House in Bath Town on Easter Monday next after the passing of this Act, then and there to choose and elect Twelve Freeholders to serve as Vestrymen; which Vestries, when so Chosen, shall be under the same Rules and Restrictions as other Vestries in other Parishes are.

XIV. And for establishing roads and ferries and for the better regulation of the County of Pitt; 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 Seven Hundred and Fifty Six, intituled, An Act for establishing Public Roads and Ferries, and for the better regulation of the same in the several Counties, and every Clause and Article therein, shall extend to the said County of Pitt, 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.

XV. Provided always, That nothing herein contained shall be construed, deemed or taken, to alter or derogate from the Rights and Royal Prerogatives of his Majesty, his Heirs and Successors, of granting Letters of Incorporation to the said County of Pitt, ordering, appointing, and directing the Election of a Member or Members to represent them in Assembly, and

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of granting Markets and Fairs to be kept and held in the Counties of Beaufort and Pitt respectively; but that the said Rights and Prerogatives 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, as if this Act had never been made.

CHAPTER IV.
An Act to impower the Inhabitants of several Parishes within this Province, that have no legal Vestry within their respective Parishes, to meet and elect Vestries.

(Printed in Private Acts, post.)

CHAPTER V.
An Act for altering the Times of holding the Inferior Court of Pleas and Quarter Sessions in the County of Chowan.

(Printed in Private Acts, post.)

CHAPTER VI.
An Act to amend an Act, intituled, An Act for the Relief of such Persons as have suffered or may suffer, by not having had their Deeds and Mesne Conveyances proved and registered within the Time heretofore appointed for such Purposes, and to prevent Disputes and Law Suits concerning Lands.

I. Whereas by the aforesaid Act any Person or Persons having Deeds or Mesne Conveyances within this Province were to register the same within Eighteen Months after passing the said Law, and many Persons through want of knowing the said Law, have neglected to have their Deeds or Mesne Conveyances registered according to the Purport thereof; For Remedy whereof,

II. We pray it may be Enacted, And be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all Deeds and Mesne Conveyances of Lands, Tenements, and Hereditaments, not already registered, acknowledged or proved, shall and may, within Eighteen Months after the passing of this Act be acknowledged by the Grantor, their Agents or Attornies or proved by one or more of the subscribing Witnesses to the same; and tendered and delivered to the Registers of the Counties where such lands, Tenements, and hereditaments, respectively lie; and all Deeds and Mesne Conveyances whatsoever, which shall be acknowledged or proved according to the Directions of this Act, and also such as have been heretofore, recorded by the Clerk; or Registered by the Register of any Precinct or County wherein the Lands or Tenements mentioned in the same lie or are situate, though not within one Year after the Date of the respective Conveyances, shall be good and valid in Law, and shall enure and take effect as fully and effectually, to the Use and Behoof of the Grantee, their Heirs and Assigns, and those claiming under them, as if such Deeds and Conveyances were acknowledged, or proved and registered, agreeable to the Direction of any Act of Assembly heretofore made.

III. And be it further Enacted by the Authority aforesaid, That every Sheriff within this Province shall, on the second Day of Every Inferior Court of the County whereof he is Sheriff, read this Act at the Door of the Court House, immediately after the sitting of the Court.

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CHAPTER VII.
An Act to amend and continue an Act intitled An Act for appointing a Militia.

I. Whereas an Act for appointing a Militia, passed at the last General Assembly held at Wilmington in June last, was to continue and be in Force for and during Six Months and no longer, and is now near expiring; and it being found necessary that the said Act should be amended and continued;

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, there shall be yearly One General Muster, and Three private Musters, of every Company in each Regiment, and no more; any Thing in the before recited Act to the contrary notwithstanding.

III. And be it further Enacted, That the Major of each Regiment shall be subject and liable to the same Fines for every Default of Duty that the Colonel is by Law subject to.

IV. And be it further Enacted, by the Authority aforesaid, That this Act, and the Act before recited, as by this Act amended, shall be and continue in Force for and during the Space of Two Years, and no longer.

CHAPTER VIII.
An Act for raising Money by a Lottery, towards finishing the Churches at Wilmington and Brunswick; and for applying the Produce of the Slaves, and other Effects taken from the Spaniards at Cape Fear, in the Year of our Lord One Thousand Seven Hundred and Forty Eight, to the same Purposes.

I. Whereas by an Act intituled, an Act for raising Money for finishing the Churches in the Parishes of St. James's and St. Philip's, in New Hanover County, by a Lottery, several Persons were appointed Managers for undertaking, carrying on, and drawing a Lottery as therein mentioned; but the greatest part of the Tickets therein remaining unsold, and the Time for Drawing the same being now expired, the Method for raising Money for the Purposes aforesaid is now become ineffectual: And whereas it is imagined, that the Scarcity of Proclamation Money in this part of the Province, had prevented many Persons from purchasing Tickets, who might have inclined to have become Adventurers therein, if the Money had not been immediately payable on the Purchase of the Tickets; and the Method of selling them as hereafter mentioned, being rendered more easy to the Purchasers a Sufficient Number might be sold to enable the Managers to have the same drawn in a short Time.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That Cornelius Harnett, Alexander Duncan, Thomas Davis, and John Payne, Esqrs., shall be, and are hereby appointed Managers, for undertaking, carrying on, and drawing a Lottery in Wilmington, for the Purposes aforesaid, with Power to Issue One Thousand Tickets, to be signed by themselves, at the Price of Three Pounds, Proclamation Money, in the following Form:

No.
Cape Fear Church Lottery.

This Ticket entitles the Bearer to whatever Prize may be drawn against this Number, deducting Fifteen per Cent. as by Act of Assembly passed in December, 1760.

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And on the Twenty First Day of April next, at the Court House in Wilmington, shall begin the drawing of the said Lottery, if a sufficient Number of Tickets shall by that Time be disposed of; and the Calculation of the Chances shall be as follows:

One Prize of £400 is £400
Two Prizes of 100 is 200
Two Prizes of 50 is 100
Ten Prizes of 20 is 200
Two Hundred and Five Prizes of 10 is 2,050
First Drawn 25
Last Drawn 25
———
One Thousand Tickets at £3 is £3,000

III. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the said Managers to deduct, out of the amount of every Prize, Fifteen per Cent. to be applied as hereafter mentioned: But before any Ticket shall be issued, the said Managers shall give Bond, payable to his Excellency the Governor, and his Successors, in the Penalty of Three Thousand Pounds, Proclamation Money, with Condition, for their faithful Discharge of the Trust reposed in them by this Act, which Bond shall be recorded in the Superior or Inferior Court at Wilmington, and any Person Injured may have Judgment thereon against the Managers.

IV. And be it further Enacted, That the said Managers shall, before they enter on the Execution of their Office, before any Justice of the Peace for the County of New Hanover, take the following Oath, Viz.:

I, A. B., do solemnly swear, that I will faithfully execute the Office of Manager to the Cape Fear Church Lottery, according to the Directions of the Act of Assembly in that Case made and provided. So help me God.

V. And for the more ready Sale of the said Tickets, Be it Enacted, by the Authority aforesaid, That the Managers, on the Disposal of any of the said Tickets, may take notes from the Purchaser, with Security, in the following Form:

We, A. and B., do jointly and severally promise to pay to the Managers of the Cape Fear Church Lottery, or their Assigns, the Sum of Three Pounds, Proclamation Money, within Two Months after the Drawing the said Lottery, for Value received by a Ticket therein, bought by A. Witness our Hands, the —— Day of —176——.

Which note shall be, and is hereby declared to be valid against the Subscribers, their, and each of their Persons and Estates; and the Managers shall be entitled to demand and receive the Sum within mentioned from the Subscribers; and on neglect or refusal of Payment, the Time limited for payment, being expired, may on application to any Two Magistrates, obtain a Warrant, and on Judgment, have Execution thereon for the same against Body or Goods; which Judgment and Execution the said Magistrates are hereby Authorized and impowered to grant, in the same Manner as they may in other Matters under the Value of Forty Shillings by the Laws in this Province now in Force; and the usual Fees may be taken thereon.

VI. And be it Enacted, That the said Managers may take One Hundred and Thirty Three Tickets, for, and on behalf of the Churches; which said Tickets shall stand as Part of the Fifteen per Cent. by this Act to be deducted; and the said Managers may also take Fifty One Pounds, Proclamation Money, or notes to that amount, as a satisfaction to themselves for keeping the Accounts drawing the Lottery, and the whole Charge thereof.

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VII. And whereas the finishing the building of the said Two Churches will be greatly expedited, provided the Money arising by the Sale of the Slaves, and other Effects saved out of the Wreck of the Spanish Privateer that blew up before Brunswick, in the Year One Thousand Seven Hundred and Forty Eight, and is now in Private Hands, unapplied to any Public use, might be appropriated to the compleating the said Two Churches: Be it Enacted by the Authority aforesaid, That the Slaves and other Effects, saved out of the Spanish Wreck as aforesaid, or taken from the Spaniards at the Time of their Invasion, not already sold; as also the Money arising by the Sale of those which have been sold, after deducting the Expences of such Sales, shall be applied towards the compleating the building the said Two Churches, in Manner following; that is to say, Two Third Parts of the Net Proceeds towards finishing the Church at Brunswick; and the other Third Part towards finishing the Church at Wilmington, and to no other use or purpose whatsoever.

VIII. And be it further Enacted, by the Authority aforesaid, That the Commissioners, by Law appointed, for building and finishing the said Churches, shall have full Power and Authority to ask for, demand, and receive, of and from each and every Person or Persons in whose Possession any of the Slaves, Money, or other Effects, saved or arising by the Sale of the Effects taken as aforesaid, and from their Heirs, Executors, and Administrators; and upon refusal, to sue for and recover the same, by Action upon the Case, in any Court of Record in this Province, Respect being had to their Jurisdiction; wherein no plea of the Act of Limitation of Actions, shall be allowed or admitted of.

IX. And the better to enable the said Commissioners to discover in whose Possession the said Effects now are; Be it further Enacted, That each and every Person or Persons who have in Possession any of the Books and Papers relating to the said Effects, shall, upon Demand, deliver to the said Commissioners all such Books and Papers, under the Penalty of Two Hundred Pounds, Proclamation Money: To be recovered in Manner as aforesaid, and applied towards the finishing the said Two Churches as aforesaid.

X. And be it further Enacted, by the Authority aforesaid, That the Commissioners of the respective Churches, shall upon Receipt of their Proportion of the Money as aforesaid, lay out the same to the best Advantage in Work hereafter to be done on the said Churches, and shall not be allowed any Commissions thereon.

CHAPTER IX.
An Act for establishing a Town on the Lands of Joseph Howell, on Tar River.

(Printed in Private Acts, post.)

CHAPTER X.
An Act to amend an Act, intituled An Act for the better Regulation of the Town of New Bern, and for securing the Titles of Persons who hold Lots in the said Town, passed the Thirtieth Day of September, One Thousand Seven Hundred and Fifty Six.

(Printed in Private Acts, post.)

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CHAPTER XI.
An Act for destroying Black Birds, Crows, and Squirrels, in the County of Hyde.

(Printed in Private Acts, post.)

CHAPTER XII.
An Act for continueing James Davis Printer to this Province. Exp.

[Full text of this chapter is available at vol. 25, p. 455-456.]

CHAPTER XIII.
An Act to continue an Act, intituled an Act for the Restraint of Vagrants, and for making Provision for the Poor, and other Purposes.

I. Whereas an Act passed at New Bern in the Twenty Ninth Year of the Reign of his Present Majesty, intituled, An Act for the Restraint of Vagrants, and for making provision for the Poor, and other Purposes, will expire at the End of this present Session of Assembly; and whereas the said Act hath been found useful and convenient;

II. Be it Enacted, by the Governor, Council, and Assembly and it is hereby Enacted by the Authority of the same, That the before recited Act shall continue and be in Force for and during the Term of Five Years, and from thence to the End of the Next Session of Assembly, and no longer.

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