At an Assembly, begun and held at Wilmington, the Twentieth Day of March in the First Year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven Hundred and Sixty One; being the First Session of this present Assembly. Arthur Dobbs, Esq., Governor.
(Sections 1 to 9 omitted.)
[Full text of this chapter is available at vol.25, p. 457-58.]
IX. 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, Lewis DeRossett, Esqrs., 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 printed, and also to sign with their Hands, Public Bills of Credit, to the Amount of Twenty Thousand Pounds, at the Rate of Proclamation Money; that is to say, One Thousand Three Pound Bills, One Thousand Forty Shilling Bills, One Thousand of Thirty, Six Thousand Five Hundred and Six of Twenty, Three Thousand of Fifteen, Three Thousand of Ten, Three Thousand of Five, Two Thousand Seven Hundred and Twenty of Four, Three Thousand of Three Shillings, Three Thousand of Two Shillings and Six Pence, Five Thousand of Two Shillings, Five Thousand of One Shilling, Five Thousand of Eight Pence, Five Thousand of Six Pence, and Five Thousand of Four Penny Bill; and shall receive for stamping or printing, making out and signing the same, Two per Cent. and no more. And the said John Swann, Lewis DeRossett, Samuel Swann, and John Starkey, Esqrs., shall before they stamp, print or sign, any of the said Public Bills of Credit, make Oath before some Magistrate within this Province that they will and truly execute the Trust in them reposed by Virtue of this Act; and give their respective Bonds, with sufficient Security, to our Sovereign Lord the King, his Heirs and Successors, for the Use of this Province, in the Sum of Twenty Thousand Pounds
X. 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 to John Starkey, Esq., Public Treasurer of the Southern District, and shall be by him applied to the uses and Purposes by this Act directed.
XI. And be it further Enacted, by the Authority aforesaid, That the Bills of Credit to be emitted by this Act shall be current, and a lawful Tender in all Payments whatsoever as Proclamation Money.
XII. And be it further Enacted, by the Authority aforesaid, That the said Public Treasurer, when directed (until the Sum of Twenty Thousand Pounds by this Act Granted for paying and subsisting the aforementioned Regiment, and the said Fifty Men and Officers now in Garrison, shall be fully paid) shall make payment in the said Bills of Credit to such Person or Persons as the Governor, or Commander in Chief, by his Warrant, shall order and appoint to receive the same.
XIII. And be it further Enacted, by the Authority aforesaid, That the Person or Persons who shall receive the said Sum of Twenty Thousand Pounds, or any Part thereof, by Virtue of any such Warrant or Warrants, shall account with the General Assembly for the same; and every such Person or Persons, before receiving the said Monies, shall enter into Bond, with good and sufficient Security, to his Majesty, his Heirs and Successors, in double the Sum or Sums he shall receive, with Condition that he will account with the General Assembly for the Sum or Sums he shall so receive from the said Treasurer by Virtue of such Warrant; which Bond shall be taken by, and lodged with the Treasurer, And in Case of a Breach of the Condition thereof, may be put in Suit, and Judgment being obtained thereon, the Money recovered shall be applied towards defraying the contingent Charges of Government, in such Manner as the Governor, Council, and Assembly, shall direct, and to no other Use whatsoever.
XIV. And be it further Enacted by the Authority aforesaid, That the said Sum of Twenty Thousand Pounds shall be, by direction of the Governor, or Commander in Chief for the Time being, applied to the particular Purposes by this Act herein before directed, if necessary; but if a less sum should be found sufficient for the same, the surplus shall be applied towards defraying the contingent Charges of Government, already allowed, or which shall be hereafter allowed by the Governor, Council, and Assembly and to no other Purposes whatsoever.
XV. And be it further Enacted, by the Authority aforesaid, That each able-bodied Man, inlisting voluntarily in the said Service, as soon as may be after inlisting, shall be properly cloathed; for which Expence of Cloathing and furnishing each Soldier with a Blanket, the Colonel shall have an allowance, not exceeding Six Pounds a Man.
XVI. And be it further Enacted, by the Authority aforesaid, That if any Person shall forge or counterfeit any of the above-mentioned 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 Benefit of Clergy.
XVII. And be it further Enacted, by the Authority aforesaid, That for redeeming the said Public Bills of Credit, a Poll-Tax of Two Shillings, Proclamation Money, be laid on every Taxable Person within this Province, to commence on the First Day of January, which shall be in the Year of our
XVIII. And whereas for want of an Agent, appointed by Law to represent to his Majesty the Loyalty of the Inhabitants of this Province, and the active zeal they have shewn for his service in the several large Aids (their circumstances considered) granted by them, in support of the common cause, in the present War against the French, and their Indian Allies, to lay before his Majesty and his Ministers proper Documents thereof, and to sollicit the affairs of this Province at the several Boards in England; the same has often been misrepresented there, to the great Prejudice of the Inhabitants of this Colony:
XIX. We pray it may be enacted, and be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, that Cuchet Jouvencell, of the City of Westminster, Esq., be, and is hereby appointed Agent of this Province, for and during the term of Two Years, to commence from the first day of October next, after the passing of this Act, to sollicit, represent and transact, all such public affairs and business, now relating to this Province, or that shall or may be moved concerning the same at any of the Boards in England, during the said Term or Time, according as he shall from time to time, find occasion, or be directed and instructed by the Committee of Correspondence hereinafter appointed; and that the said Cuchet Jouvencell, in Consideration of his Trouble, Charges, and Expenses, in transacting the Public Business of this Province as Agent, from the first day of October next, be, and is hereby allowed the sum of Two Hundred Pounds Sterl. per Annum to be paid to the said Committee for the use of the said Cuchet Jouvencell, out of the Public Treasury, or out of the Proportion of the Money granted, or to be granted by the Parliament of Great Britain for the use of this Province, by a Warrant from the Governor or Commander in Chief for the time being; which said sum, if paid out of the Public Treasury of this Province, shall be by the said Committee remitted to the said Cuchet Jouvencell, Annually, in Bills of Exchange, to be purchased by the said Committee.
XX. And be it further Enacted, by the Authority aforesaid, That the Honourable John Swann, Lewis De Rosset, and Maurice Moore, Esqs., and Samuel Swann, John Starkey, John Ashe, Cornelius Harnett, and Francis Corbin, Esqs., are nominated and appointed a Committee of Correspondence, from the passing of this Act, and during the Continuance of the said Agency; and that they, or the Majority of them, or the Majority of the Survivors of them, shall, from time to time, during the said Agency, correspond with the said Cuchet Jouvencell, and advise, direct, and instruct him in all such matters relating to this Province as may be moved or solicited before his Majesty in Council, or at any of the Boards in England; and the said Committee shall from time to time, as often as required, lay before the Governor, Council and Assembly, the Advices they shall receive from the said Agent, during the said Agency, and also copies of such dispatches, Orders, and Directions, as they shall send to him.
I. Whereas by the before recited Act, a Poll-Tax of One Shilling and Six Pence, Proclamation Money, was to be levied on each Taxable Person, for the Paying the Chief Justice and Attorney General, and for paying and discharging the Claims of Persons to whom the Public was indebted, and further Charges on the Public; and to commence on the Tenth Day of June, in the Year of our Lord One Thousand Seven Hundred and Fifty Nine, and to continue for the Space of Four Years, and from thence to the End of the next Session of Assembly; which said tax has been found not sufficient to discharge the several Charges and necessary Claims on the Public; For Remedy whereof,
II. We pray that it may be Enacted, And be it Enacted by the Governor, Council, and Assembly and by the Authority of the same, That an additional Poll Tax of Two Shillings be levied on each Taxable Person within this Province, for and during the Space of Five Years from and after the Tenth Day of June next; which said Tax shall be paid to, and collected by the several Sheriffs, and accounted for in the same Manner, and to the same Persons and applied to the same Uses, and under the same Regulations and Directions and the like Fines, Forfeitures, and Penalties, as is directed and inflicted by the before recited Act.
(Printed in Private Acts, post.)
I. Whereas an Act of Assembly, intituled, An Act to improve and amend the Navigation of New River, in Onslow County, passed in the Year One Thousand Seven Hundred and Forty One, by Reason of the Death of the Commissioners, and Smallness of the Fund, has not answered fully the good purposes thereby intended, although from what was then done the Scheme appears practicable:
II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That William Cray, Richard Ward and Henry Roads, be, and are hereby constituted, and appointed Commissioners, and authorized and impowered to contract and agree with such Person or Persons as are willing to undertake the same, for the more perfect clearing away and removing the Rock or Shell, or cutting through the Marsh fronting New River Inlet, in such Manner as in their Discretion shall best promote the Navigation thereof; provided the Sum so contracted for shall not exceed Two Hundred Pounds, Proclamation Money.
III. To enable the said Commissioners to discharge the said Contract, Be it Enacted by the Authority aforesaid, That the said Commissioners shall, and are hereby appointed Managers, for undertaking, carrying on, and drawing a Lottery, at the Court House on New River, for the Purposes aforesaid with Power to Issue One Thousand Tickets, to be signed by themselves at the price of Thirty Shillings, Proclamation Money, for each Ticket in Form following:
No.New River Lottery.
This Ticket Intitles the Bearer to whatever Prize may be drawn against the Number, deducting Fifteen per Cent. as by Act of Assembly passed in April, 1761.
And on the First Tuesday in November next, at the Court House on New River, 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:
|Two prizes of||£100||is||£ 200|
|Two Prizes of||50||is||100|
|Two Prizes of||25||is||50|
|Ten Prizes of||10||is||100|
|Two Hundred and Five Prizes of||5||is||1,025|
|First Ticket drawn||12||10s|
|Last Ticket drawn||12||10s.|
|At Fifteen Per cent||£1,500||is||£ 225|
IV. 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 One Thousand Five Hundred 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 County Court of Onslow, and any Person injured may have Judgment thereon against the Managers.
V. 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 Onslow take the following Oath, viz.:
I, A. B., do solemnly swear, that I will faithfully execute the Office of Manager to the New River Lottery, according to the Directions of the Act of Assembly in that Case made and provided. So Help Me God.
VI. And for the more ready sale of the Tickets, Be it Enacted by the Authority aforesaid, That the Managers, on Disposal of any of the said Tickets, May take Notes from the Purchaser, with Security, if required, in the Form following:
I, or We, do jointly or severally (as the case may be) promise to pay to William Cray, Richard Ward, and Henry Roads, Managers of the New River Lotteries, or their Assigns, the Sum of —— within Two Months after the Drawing the said Lottery, for Value received for Tickets bought by
VII. And be it Enacted, That the said Managers may take Twenty Five Pounds, or Notes to that amount, as Satisfaction for keeping the Accounts, drawing the Lottery and whole Charge thereof and no more; and the remaining Two Hundred Pounds shall be applied to the amending the Navigation of New River; and to no other purpose whatsoever. Provided nevertheless, That if the whole Sum of Two Hundred Pounds shall not be expended in the improving the Navigation as aforesaid, the Residue thereof unapplied shall go in Aid of the County Tax of Onslow.
[Full text of this chapter is available at vol.25, p. 460-61.]
I. Whereas the Public Warehouse in the County of Northampton called Pace's Warehouse, was lately by accident burnt with a great Quantity of Tobacco, belonging to sundry Persons in the said County; and there being no Law now in Force to ascertain the Method of raising a Sum of Money sufficient to pay and satisfy the Loss thereof to the Sufferers; For Remedy whereof,
II. We pray that it may be Enacted, And be it Enacted by the Governor, Council and Assembly, and by the Authority of the Same, That the said Inferior Court of Pleas and Quarter Sessions, for the County of Northampton, is hereby authorized and directed, upon application made to them by any Person that had Tobacco burnt in the said Warehouse, and Proof made thereof, to allow such Person so much Money as he shall make appear he has sustained by such Warehouse being burnt; and to lay a Tax on the Inhabitants of the said County, sufficient to pay and satisfy all such Loss as such Person shall make appear he has sustained thereby; Which said Tax shall be collected by the Sheriff, in the same Manner, and under the like Rules and Restrictions, Fines, Forfeitures, and Penalties, as are directed and inflicted by Law in paying and collecting other Taxes.
III. And be it further Enacted, by the Authority aforesaid, That the Inferior Court of Pleas and Quarter Sessions, upon application made to them, by any Person as aforesaid, having a Claim on the said County for Tobacco burnt in the aforesaid Warehouse, shall order and direct the Sheriff, after collecting
IV. And whereas there was no Court held for the said County in the Year One Thousand Seven Hundred and Sixty, or Magistrates qualified at the Times by law appointed for taking the List of Taxables; by Means whereof, there was no Public, County, or Parish Tax, collected for that Year; Therefore Be it Enacted, by the Authority aforesaid, That the Sheriff of the aforesaid County is hereby directed and authorized, to collect from the Taxable Persons of the aforesaid County, the Public Taxes, already imposed by the several Acts of Assembly of this Province, by the List of Taxables returned by the Justices of such County, in the Year One Thousand Seven Hundred and Fifty-nine, and account for the same to the Treasurer, in the same Manner, and under the like Rules and Restrictions, as he is by Law to account for and pay other public Taxes; and the Justices of the aforesaid Inferior Court, and the Vestry of the Parish of St. George, within the said County of Northampton, respectively, shall, as soon as convenient may be, lay such Tax on the county or Parish (as the Case may be) for defraying and paying all such County or Parish Debt or Debts, and which ought to have been collected and paid in the year One Thousand Seven Hundred and Sixty, and apply the Monies thereby arising, to such Use or Uses as the same was levied for; any Law, Usage or Custom to the contrary notwithstanding.
V. And be it further Enacted, by the Authority aforesaid, That if any Public Warehouse shall hereafter be burnt with Tobacco therein, sent from any other County than that wherein such warehouse shall be, the loss sustained thereby, shall be made good to the sufferers by the County where such tobacco shall have been made; and upon due Proof made thereof to the Inferior Court of the County where such Tobacco shall have been made, such Court is hereby directed and impowered, to allow for the same, and lay a Tax on the Inhabitants thereof sufficient to pay and satisfy such loss: which said tax shall be collected by the Sheriff, in the same manner as other taxes; and the Sheriff shall pay the money so to be collected, to such person as the said Court shall order, having a claim for such Tobacco burnt as aforesaid.
VI. And be it further Enacted by the Authority aforesaid, That in either of the aforesaid Cases, if there shall be a greater Sum of Money levied and collected by Virtue of this Act than will be sufficient to answer the Purposes thereby intended, the overplus shall be applied towards discharging the Debts of the County, where the same shall be laid.
V. And whereas giving a power to Two Justices to take Cognizance of, and determine all debts above the Value of Twenty Shillings, Proclamation Money, and not exceeding Forty Shillings, like Money, from the great Difficulty and Inconvenience of getting Two Justices together, has been found not to answer the Purpose by Law intended; wherefore be it Enacted, by the Authority aforesaid, That all Debts and Demands, not exceeding Forty Shillings, Proclamation Money, shall, and are hereby declared to be cognizable
VII. And be it further Enacted, by the Authority aforesaid, That so much of One Act of Assembly, intituled, An Act for establishing Superior Courts of Pleas and Grand Sessions, and regulating the Proceedings therein; and also, so much of one other Act, intituled, An Act to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province as relate to any Matter or Thing within the Purview of this Act, are hereby repealed and made void.
(Printed in Private Acts, post.)
I. Whereas there is not any Law in Force in this Province to oblige the several Sheriffs to deliver an Account, or Bill of their Fees, on levying of any Execution; For want of Which, many illegal and exorbitant Fees have been exacted, to the great Oppression of Suitors, and others;
II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the First Day of June next, each and every Sheriff within this Province, shall, on levying any Execution for any Debt, Damages, or Costs, for which such Execution shall issue, make out a Bill of his Fees due on such Action or Suit; and set down under the said Bill, the amount of the Clerk's, Attorney's, or other indorsed Fees separately and distinctly, and give Receipt for the same to the Party against whom such Execution shall issue; and also shall indorse the Amount of his own Fees he shall so take, on the Back of such Execution, to be entered by the Clerk on the Execution Docket; And in Case any Sheriff within this Province, or any other Person authorized to levy any Execution, shall fail or neglect to make out such Bill of his Fees, and set down the Clerk's, Attorney's and other indorsed Fees as aforesaid; and also indorse his own Fee on the Back of the Execution as aforesaid, the Sheriff or other Person so failing, shall Forfeit and pay the Sum of Ten Pounds Proclamation Money; To be recovered by Action of Debt, in the Court from whence such Execution issued; wherein no Essoign, Injunction, or Wager of Law, shall be allowed or admitted of; one Half of which Sum shall go to the Party who shall sue
I. Whereas by 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, intituted, An Act for dividing the Parish of St. John's in Granville County, it was Enacted, That the said Parish should be divided by a Line beginning at Cotton Creek, where the Virginia Line crosses the same; and there be no such Place found, by which means Disputes are likely to arise between the Inhabitants of each Parish concerning the said Line: For Prevention whereof,
II. We pray that it may be enacted, And be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That at any Time after the First Day of May next, the said dividing Line be run as followeth, to-wit, To begin where Jefferson's Road now crosses the Virginia Line, running thence a direct Line to Horse Creek, where Johnson County Line crosses the said Creek; and all that part of the said Parish formerly called St. John's, which shall be Eastward of the said Line shall remain and be called the Parish of St. John's; and all that part of the said parish which shall be to the westward of said Line, shall be held, deemed, taken, and called the Parish of Granville.
III. And be it further Enacted, by the Authority aforesaid, That Mr. Robert Harris, Mr. Richard Henderson, Mr. William Johnston, and Mr. Gideon Macon, and they or any Two of them, are hereby appointed Commissioners to run the said Line; and that the Parish of Granville bear the expence of the same, to be paid by the Church Wardens out of the Parish Tax.
IV. Provided, That nothing herein contained shall be construed to debar the Sheriff or Collector of the Parish of St. John's, from making Distress for any Levies or Taxes which shall be due to said Parish from such Inhabitants, as were deemed before the passing of this Act to be within the Parish of St. John's, anything herein contained to the contrary, notwithstanding.
I. Whereas the Inhabitants of that Part of Orange County lying upon Neuse River labour under great Inconveniency, by reason of the Great Distance to the Court House of the same County;
II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That that Part of Orange County, lying on Neuse River, be added to the County of Johnston; and be divided by a Line to begin at the South West Corner of Granville County, and running thence to a due South Course to Johnston or Cumberland County Line, which of the said County Lines it may first intersect.
III. And be it further Enacted, by the Authority aforesaid, That William
IV. And for defraying the Charges thereof, Be it Enacted, by the Authority aforesaid, That the Inferior Court of Pleas and Quarter Sessions of Johnston County be, and is hereby impowered, to lay a Poll Tax, not exceeding the Sum of Four Pence, Proclamation Money, per Taxable, upon the Inhabitants of Johnston County, and shall cause the same to be levied in the same Manner that the Public Taxes are levied; and shall, out of the Money arising by the said Tax, pay and satisfy the Commissioners aforesaid, for their Trouble and Charges expended in runing the Lines aforesaid, and shall apply the Money remaining (if any there be) to the Use of the County.
V. And be it further Enacted, by the Authority aforesaid, That the Part of Orange County hereby added to Johnston County, from henceforth shall be deemed, held and taken to be Part of the County of Johnston; and that the Inhabitants thereof be subject and liable to the same Rules, Orders, and Taxes, as any other of the Inhabitants of the said County now, or shall hereafter be subject or liable to; any Law, Usage, or Custom, to the contrary, notwithstanding.
VI. 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 Orange, as the same stands now 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, 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.
I. Whereas it has been represented to this Assembly, that by Reason of the great Quantity of Tobacco brought to the Inspection at the Town of Tarborough, in the County of Edgecomb, the Inspectors officiating at the said Inspection, cannot discharge the Duty of their Office in the Time limited by the former Acts of Assembly of this Province; For Remedy whereof,
II. We 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 Tenth Day of July next, the Inspectors of Tobacco for the aforesaid Warehouse, shall constantly attend the said Warehouse, from the First Day of October until the last Day of March, Sundays, and Holy Days, or when hindered by Sickness, excepted, and shall receive and inspect all Tobaccoes 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 Acts of Assembly of this Province are inflicted and directed; And that the said Inspectors, for their Services in attending the said Inspection, shall be paid the Sum of Forty Pounds, Proclamation Money, each, Annually, instead of the Salaries by the Former Acts of Assembly of this Province specified.
(Printed in Private Acts, post.)
[Full text of this chapter is available at vol. 25, p. 470-472.]
(Printed in Private Acts, post.)
Read Three Times and ratified in open Assembly, 23rd Day April, 1761.