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Acts of the North Carolina General Assembly, 1762
North Carolina. General Assembly
November 03, 1762 - December 11, 1762
Volume 23, Pages 550-595

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LAWS OF NORTH CAROLINA, 1762.

At an Assembly, begun and held at New Bern, the Third Day of November, in the Third 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 Two; being the First Session of this present Assembly. Arthur Arthur Dobbs, Esq., Governor.

CHAPTER I.
An Act for dividing this Province into Five several Districts, and for establishing a Superior Court of Justice in each of the said Districts, and regulating the Proceedings therein.

I. Whereas the establishing Superior Courts of Justice within this Province will be productive of much Ease to the Inhabitants thereof, and greatly tend to the due and regular Administration of Justice, and the Punishment of Offenders against his Majesty's Peace and Government.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from henceforth, this Province shall be divided into Five Districts; that is to say, The Wilmington, New Bern, Edenton, Halifax, and Salisbury Districts; in each of which shall be a Court for the Tryal of Causes, Civil and Criminal, established, by the Name of the Superior Court of Justice for that District in which the same shall be held; which Court shall consist of the Chief-Justice for the Time being, and one Associate Justice in each District, (the District of Salisbury excepted) whom the Governor or Commander in Chief for the Time being shall constitute and appoint; who shall have Cognizance and legal Jurisdiction of all Suits and Pleas, real, Personal, and mixt; and also of all Suits and Matters relative to Legacies, filial Portions Estates of Intestates, all Pleas of the Crown, whether for Treason, Felonies, Breach of the Peace, or other Crimes of Transgressions of what Nature or Degree soever, whether brought before them by Original or Mesne Process, or by Writ of Error, or appeal from any Inferior Court, or by any other Means or Process whatsoever; and they are hereby declared to have full power and Authority to give Judgment therein, and to award Execution, and all necessary Process thereupon; and to make Orders for issueing Letters Testamentary, and Letters of Administration, and shall have, use, exercise, and enjoy the same Powers and Authorities, Rights. Privileges, and Pre-eminences, as are had, used, exercised, and enjoyed by the Chief Justice, or any of his Majesty's Justices at Westminster.

III. And be it further Enacted, by the Authority aforesaid, That in Case of the Death or Absence of the Chief Justice, it shall and may be lawful for the said Associate Justice so to be appointed as aforesaid, within each District respectively, to hold any of the said Courts, and to take Cognizance of all Matters in the same depending, and give Judgment, and award Execution thereon, in the same Manner as might have been done in Case the Chief Justice had been present in Court.

IV. Providd nevertheless, That the Associate Justices so to be appointed for the sDistricts of Wilmington, New Bern, Edenton, and Halifax, shall not

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proceed to hear and determine any Matter of Law, in any of the said Courts, upon any Demurrer, Case agreed, special Verdict, Bill of Exception on Motion in arrest of Judgment, in the Absence of the Chief Justice.

V. And be it further Enacted, That no Suits shall be Originally commenced or prosecuted in any of the said Courts, for any Debt or Demand of Less Value than Twenty Pounds Proclamation Money where the Plaintiff and Defendant shall live in the same County; or less than Ten Pounds where the Plaintiff and Defendant shall live in the same District; and if any Suit shall be commenced in any of the said Courts contrary to this Act, the same may be abated, on the Plea of the Defendant.

VI. And be it further Enacted, by the Authority aforesaid, That the Chief Justice, or either of the Associate Justices, may, as well within Court as without, in their several Districts, take the Probate or Acknowledgment of Deeds, or Letters of Attorney, and the private Examination of Feme-Coverts, as hath heretofore been done by the Chief Justice in like Cases; and such Associate Justice is hereby authorized to take and receive the same Fees and Perquisites, as the Chief Justice is Intitled to for the like Services; which Proofs shall be deemed equally good and valid in Law, as if taken in any Court of Record; any Law or Usage to the contrary notwithstanding.

VII. And be it further Enacted, by the Authority aforesaid, That the said Superior Courts shall and may, each of them, respectively, by Summons, or other legal Process, upon application made, compel any Person or Persons whatsoever having in their Possession or Custody, any Will or Testament of any Deceased Person, to exhibit the same to the Court, in Order to a legal Probation Thereof; and also to receive the Probate of Wills and Order the same to be recorded; and the Clerk shall and may take Two Shillings and Eight Pence, Proclamation Money, for recording each Will.

VIII. Provided always, That any Person who hath a Right to execute any Will or to administer the Estate of an Intestate, who shall think himself injured by such Order, may enter a Caveat in the Court wherein such Order shall be made, against the Person obtaining the same; in which Case the Clerk of such Court shall not grant any Certificate of such Order till Twenty Days after passing the same; and the Secretary and His Deputy, shall forbear to seal and countersign Letters Testamentary, or of Administration till the Matter in Controversy shall be reheard and determined before the Governor or Commander in Chief for the Time being, and Council.

IX. And for the better preserving of Wills proved before the said Courts, Be it Enacted, by the Authority aforesaid, That all Original Wills shall remain in the Clerk's Office among the Records of the Respective Superior Courts where they shall be proved, and be recorded by the Clerk of such Court in Books to be kept for that Purpose; for which service he shall receive the same Fees as by Law the Secretary was intituled to; whereunto any Person may have recourse as to other Records, except for the Time the same shall, or may be removed before any other Court, upon the Determination of any Controversy.

X. And be it further Enacted, by the Authority aforesaid, That the Clerk of every Superior Court aforesaid, in the Month of October, Annually, shall return to the Secretary's Office, List of all Certificates for obtaining Probates or Administrations granted by their respective Courts, from Time to Time, containing the Names of the Testators or Intestates, their Executors or administrators, and the Names of the Securities; which Lists the Secretary is hereby required to cause to be recorded in his Office, Alphabetically, in the Books for that Purpose; and shall and may take and receive Two Shillings

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and Eight Pence, Proclamation Money, for every such Order therein Mentioned.

XI. And for the safety of suitors, and to prevent Irregularities in making up the Records of the Court; Be it Enacted by the Authority aforesaid, that the Chief Justice be, and is hereby impowered, to appoint experienced and Discreet Clerks of the Superior Courts; who shall each of them give Bond, with good and Sufficient Security, to our Sovereign Lord the King, his Heirs and Successors, in the Penalty of Two Thousand Pounds Sterl. for the safe Keeping the Records, and faithful Discharge of his Duty in his Office; and also shall take the Oaths by law appointed for the Qualification of Public Officers, repeat and subscribe the Test, and also take an Oath honestly and truly to demean himself in Office during his Continuance therein; and likewise the following Oath, to-wit:

I, A. B., do swear that by myself, or any other Person, neither have or will give, to any Person whatsoever, any Gratuity, Gift, Fee or Reward, in Consideration of my appointment to the Office of the Clerk of the Superior Court for the District of —.

Which said Bond shall be lodged in the Secretary's Office and in Case of a Breach of the Condition thereof, may be put in Suit for the Benefit of, and at the Proper Costs and Charges of the Party or Parties injured, and shall not become void upon the First recovery, or if Judgment shall be given against the King, but may from Time to Time, be put in Suit by Action of Debt, or Scire Facias, until the Whole Penalty shall be recovered and when any Judgment shall be obtained upon such Bond, the Damages Assessed, shall by Order of the Court, be paid to the Person or Persons Injured.

XII. And be it further Enacted, by the Authority aforesaid, That the Chief Justice, for his Trouble and Expence in attending the said Courts, shall have and receive the Sum of Twenty Six Pounds for each of the said Courts he shall hold, according to the Directions of this Act; and in Case of the Absence of the Chief Justice, and not otherwise, the said Twenty Six Pounds shall be paid to the Associate Justice who shall hold such Court; and the Attorney General shall likewise be allowed and receive the Sum of Twelve Pounds for each of the said Courts he shall give his Attendance at, by himself or Deputy, to be paid out of the Public Treasury by half Yearly Payments.

XIII. And be it further Enacted by the Authority aforesaid, That the Chief Justice, and the other Associate Justices of the Superior Courts, shall before they act in either of the said Courts, take the Oaths by Law appointed for the Qualification of Public Officers, and repeat and subscribe the Test, and also take the following Oath of Office, to-wit:

I, A. B., do swear, that I will well and truly serve our Sovereign Lord the King, and his People, in the Office of Chief Justice, (or Associate Justice, as the Case may be) of the Superior Courts of Justice of the Province of North Carolina; and I will not Council nor assent to any Thing that may tend to the Hurt or Disinheriting the King; I will do equal Law and Right to all the King's Subjects, Rich and Poor, without having Regard to any Person; I will not willingly or Wittingly, take by myself, or any other Person, any Gift or Reward whatsoever, for any Matter or Thing by me to be done by Virtue of my Office, except the Fees and Salary by Law appointed; I will not maintain, by myself, or any other, privately, or openly and plea or Quarrel hanging in any of the King's Courts; I will not delay any Person of Common Right for the Letter of the King, or any other Person to me for any Cause; And in Case any Letters come to me contrary to Law, I will do no

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thing for such Letters, but will proceed to do the Law the said Letters notwithstanding; and finally in all things belonging to my said Office, during my continuance therein, I will Faithfully, truly, and Justly, according to the best of my Skill and Judgment, do equal and impartial Justice. So help me God.

And if the Chief Justice, or either of the Associate Justices shall presume to act in his Office in either of the Superior Courts, without taking the Oaths, and subscribing the Test, by this Act directed to be by him taken and subscribed, he shall forfeit Five Hundred Pounds; to be recovered by Action of Debt, Bill, or Plaint, or Information, in either of the Superior Courts of Justice; one Half to the Use of His Majesty, his Heirs and Successors, towards defraying the Charges of Government, and the other Half to the Informer.

XIV. And be it Enacted by the Authority aforesaid, That the Superior Courts of Justice, shall annually be held for the several Districts in this Province, at the following Times and Places; that is to say, For the District of Edenton, at the Town of Edenton, for the Counties of Chowan, Perquimons, Pasquotank, Currituck, Bertie, Tyrel, and Hertford, on the Twentieth Day of May and November.

In the District of Halifax at the Town of Halifax, for the Counties of Northampton, Halifax, Edgecomb, Granville, Johnston, and Orange, on the First Day of March and September.

In the District of Salisbury, in the Town of Salisbury, for the Counties of Rowan and Anson, on the Twenty Second Day of March and September.

In the District of Wilmington, at the Town of Wilmington, for the Counties of New Hanover, Bladen, Onslow, Duplin and Cumberland, on the Fifteenth Day of April and October.

In the District of New Bern, at the Town of New Bern, for the Counties of Craven, Carteret, Beaufort, Hyde, Dobbs, and Pitt, on the Second Day of May and November.

And each Term shall continue Ten Natural Days, exclusive of Sundays, by Adjournment, de die in Diem, if the Business shall require so long Time, otherwise may be sooner determined.

XV. Provided always, That if the Day by this Act appointed for Holding any of the said Courts, shall fall on a Sunday, then such Court shall be held the next succeeding Day; any Thing herein contained to the contrary notwithstanding.

XVI. And be it further Enacted, by the Authority aforesaid, That all real Actions, Ejectments, and Actions of Trespass, Quare Clausum Frigit, Suits on Penal Statutes, and Pleas of the Crown, shall be commenced and prosecuted in the Superior Court of the District wherein the Cause of Action shall have arisen, or the Offence shall have been committed, and not in any other District; unless for Riots; Insurrections, or Transgressions, wherein Two or more Persons shall have been Jointly concerned; in either of which Cases it shall and may be lawful for the Party aggrieved, or the King's Attorney General, to prosecute such Malefactors in the Superior Court in any other District than that in which the Offence shall have been committed; any Thing herein contained to the contrary notwithstanding, And all Actions of Debt, other than on Penal Statutes, all Actions of Detinue, Replevin, Actions of Account Render, Actions of Trespass for Assault and Battery, and for the unlawful taking of Goods, all Actions upon the Case, and suits for Legacies, or for the Distributive Shares of Intestates Estates, where the Plaintiff and Defendant,

(Torn out from XVI to XXVIII.)

[Full text of this chapter is available at vol. 25, p. 523-524.]

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XXVIII. And for the better ascertaining what Process shall issue when the Sheriff shall return, that the Defendant is not to be found in his Bailiwick, Be it Enacted, That when the Sheriff shall make return as aforesaid, in any Civil Action, the Plaintiff or Plaintiffs, at his or their Election, may sue out an Attachment against the Estate of such Defendant, or an Alias, or Pluries Capias, until he be arrested, returnable as is hereinbefore directed for the Return of Original Process; and if the Sheriff shall return any Goods by him attached, and the Defendant shall fail to plead within the Time hereinafter directed, the plaintiff shall be intitled, if an Action of Debt, to final Judgment, and if in an Action on the Case, a Judgment by Default, and a Writ of Enquiry of Damages to be Executed at the next Court; and the Goods so attached, if not replevied or sold according to the directions hereinafter mentioned for Goods attached on original Attachments shall remain in the Custody of the Sheriff till such Judgment obtained, and then to be disposed of in the same manner as Goods taken in Execution on a Writ of Fieri Facias, and if the Judgment shall not be satisfied by the Goods attached, the Plaintiff may have Execution for the Residue.

XXIX. And be it further Enacted by the Authority aforesaid, That it shall be lawful for the Chief Justice, or the Justices of the said Superior Courts, or any Justice of an Inferior Court, upon Complaint made by any Person, his Attorney or Agent, on Oath, that his Debtor has removed, or is removing himself out of the County privately, or absconds or conceals himself, so that the Ordinary Process of Law cannot be served upon him; and also further swear to the amount of his or her Debt to the best of his or her Knowledge, shall thereupon grant an Attachment against the estate of such Debtor, and where-ever the same shall be found, or in the Hands of any Person or Persons, indebted to, or having the Effects of the Party absconding, or so much thereof as shall be of value sufficient to satisfy the Debt and Costs of such Complaint, which attachment shall be returned to the Court where the Debt

(It is torn out to XXXI.)

XXXI. And be it further Enacted, That when any Person Inhabitant of any other Government, shall be indebted to, or hath done any Tort or Injury to any Person a Resident of this Province, and cannot personally be served with Process, and hath Effects in this Government, any of the said Justices may grant an attachment against the Estate of such Person indebted, or who hath done any Tort or Injury as aforesaid, under the Rules, Restrictions, and Regulations aforementioned; and the same Proceedings may be had thereon.

XXXII. And be it further Enacted, by the Authority aforesaid, That when Goods or other Estate shall be attached by Virtue of an Attachment, whether Judicial or Original, it shall and may be lawful for such Person or Persons, his, her, or their Attorney, to replevy the same, by giving Bond with good Security, to the Sheriff or other Officer serving the said Attachment, (which Bond the Sheriff or other Officer is hereby impowered and required to take) to appear to the Court to which the Attachment shall be returnable, and to abide by, perform, and satisfy the Order and Judgment of such Court; And when the Estate attached shall, by Three Justices of the County, to be summoned by the Sheriff for that Purpose, be certified, on Oath to be perishable, if the Person or Persons to whom it belongs shall not, within Thirty Days after serving such Attachment, replevy the same, then such Estate shall be sold at public Vendue by the Sheriff or other Officer serving such attachment, such Sheriff or other Officer having first advertised such sale at the Court House and other Public Places in his County at least Ten Days before

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the Sale; and the Money arising by such Sale shall be liable to the Judgment obtained upon such Attachment or other Order of such Court; And where the Sheriff or other Officer shall serve an Attachment in the Hands of any Person or Persons indebted to, or having any of the Effects of the Party absconding, he shall, at the same Time, summons such Garnishee or Garnishees to appear at the Court to which the Attachment is returnable within the first four Days thereof, there to answer upon Oath, what he or she is indebted to such Party, and what Effects of such Party he or she, hath in his, or her hands, and had at the Time of serving the attachment; and where any Attachment shall be returned served in the hands of any Garnishee in Manner aforesaid, it shall be lawful, upon his or her appearance, and Examination in Manner afore mentioned, to enter upon Judgment and award Execution against every such Garnishee or Garnishees for all Sums of Money due from him, her, or them, to the Person Absconding, or in his, her, or their Custody or Possession, for the Use of the Party obtaining such attachment, or so much thereof as shall be of Value sufficient to satisfy the Debt and Cost of Complaint; and all Goods and Effects whatsoever in the Hands of any Garnishee or Garnishees belonging to such absconding Persons, shall be liable to satisfy such Judgment; And where any Garnishee shall be returned by the Sheriff or other Officer Summoned in Manner aforesaid, and shall fail to appear and discover, on Oath, in Manner by this Act Directed, it shall be lawful, and the Court is hereby authorized to enter a Conditional Judgment against such Garnishee; and if he shall fail to appear at the next Court, and Discover on Oath, in Manner aforesaid the Court shall, and are hereby required to confirm such Judgment, and award Execution for the Plaintiff's whole Debt or Damages, and Costs.

XXXIII. And whereas divers Persons, possessed of Lands, Hereditaments, and Tenements within this Province, having contracted, or who may contract Debts with Merchants and others; or have committed, or may commit Torts or Injuries to Persons therein, and reside out of the Province, without having Personal Estate within the same to satisfy such Debts or Damages; For Remedy Whereof, Be it Enacted by the Authority aforesaid, That any Justice may and shall grant an Attachment, at the Prayer of the Person or Persons, his or their agent or Factor, to whom such Debtor or Debtors shall be indebted, or to whom such Tort or Injury hath or may be done, directed to the Sheriff of the County where the Lands lie, returnable to the Court wherein the Same is Cognizable; and if the Sheriff return, that the Person has no Personal Estate within his Bailiwick, the Court shall grant Judgment by Default (which Judgment, in Action of Debt, shall be final) at the next Court and in other Actions, a Writ of Enquiry shall be executed, on the Plaintiff's Motion, and a Writ of Fieri Facias shall be awarded, returnable to the next Court after such Final Judgment; by Virtue whereof, the Sheriff, if he cannot find Personal Estate of the Defendant within his Bailiwick sufficient to satisfy such Judgment, and Costs, shall sell such Lands and Tenements, having given Public Notice of such Sale at the Court House, and every Church and Chappel within his County, for one Month at least before the Day appointed for the same, and shall give the Purchaser a Deed of Bargain and Sale; which shall, and is hereby declared to be good and Effectual in Law, to convey all the Right, Title, Property, and Estate of the Defendant or Defendants in such Lands or Tenements; and out of the Money arising by such sale, shall satisfy and pay the said Judgment, and Costs and pay the Overplus (if any) to the Defendant or Defendants.

XXXIV. Provided always, That it shall be lawful for any Person against

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whose Estate any Attachment has issued as aforesaid, at any Time before such final Judgment entered, or writ of Enquiry Executed upon giving Special Bail, to replevy the Goods attached, and plead to issue, so that the Plaintiff is not thereby delayed of his Tryal.

XXXV. And for Prevention of Error in the Issuing Attachments, and taking Bonds thereupon; Be it Enacted by the Authority aforesaid, That the following Form shall be observed and Used; that is to say, The Attachment as followeth, to-wit, North Carolina, —— County, ss.: George, the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To the Sheriff of —— County, Greeting. Whereas, A. B. hath complained, on Oath to C. D. our Chief Justice of the Province of North Carolina, (or the Associate of the Superior Court or one of the Justices of the Inferior Courts of the County of —— as the Case may be) That E. F. late of your County, Planter, is justly indebted to him in the Sum of —— (or hath endamaged him to the Amount of —— as the Complaint shall be made) and Oath having also been Made, that the said E. F. hath removed himself privately out of your said County, or so absconds or conceals himself that the Ordinary Process of Law cannot be served on him, and hath given Bond and Security according to the Directions of the Act of Assembly in such Case made and provided; We therefore command you, that you attach the Estate of the said E. F. (if to be found in your Bailiwick) or so much thereof, repleviable on Security, as shall be of Value sufficient to satisfy the said Debt or Damages, (according to the complaint) and Costs; and such Estate so attached, in your Hands to secure, or so to provide, that the same may be liable to further Proceedings thereupon to be had at our next Superior Court, to be held for the District of —— at the Town of —— on the —— Day of —— next, so as to compel the said E. F. to appear and answer the above Complaint of the said A. B. when and where you shall make known to our said Court how you shall have Executed this Writ. Witness —— our said Chief Justice of our said Province, at —— aforesaid, the —— Day of —— in the —— Year of our Reign.

Which attachment shall be signed by the Chief Justice, or other Justice, who shall grant the same; and the Bond to be given on obtaining such Attachment shall be in the following Form, to-wit:

Know all Men by these Presents, That we A. B., C. D. and I. K., all of the County of —— are held and firmly bound unto E. F. in the Sum of —— (double the Sum in the Attachment) to be paid to the said E. F., his Executors, Administrators, or Assigns; To which Payment well and truly to be made, we bind ourselves, and each of us, our, and each of our Heirs, Executors and Administrators jointly and severally, firmly by these Presents. Sealed with our Seals and Dated this —— Day of —— in the Year of our Lord. The Condition of the above Obligation, is such, that whereas the above bounden A. B. hath, the Day of the Date of these Presents, prayed an Attachment against the Estate of the above mentioned E. F. for the Sum of —— (the Sum complained for) and hath obtained the same, returnable to the next Superior Court to be held for the District of —— on the —— Day in —— next: Now if the said A. B. shall prosecute his said Suit with Effect, or in Case he be cast therein, shall well and truly pay and satisfy to the said E. F. all such Costs and Damages as shall be awarded and recovered against the said A. B., then the above Obligation to be void; otherwise to remain in full Force and Virtue.

XXXVI. And be it further Enacted by the Authority aforesaid, That the following Rules and Methods shall be observed in the Superior Courts, to-wit,

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The Plaintiff, shall file his Declaration in the Clerk's Office on or before the Second Day of the Term to which his Suit is brought, and serve the Defendant with a Copy at least Five Days before the Commencement of such Term, otherwise the Action shall be abated, upon the Plea of the Defendant. That the Defendant shall appear and plead, or demur within the First Three Days of the Term to which the Writ is Returnable, otherwise the Plaintiff may have Judgment by Default in which Case Judgment shall be final, unless where Damages are to be suggested on the Roll; and in that Case, and in all others where the Recovery shall be in Damages, a Writ of Enquiry shall be executed at the next term, Provided, That where the Nature of the Action requires special Pleading, the Time for Pleading may be enlarged by the Court.

That where the Defendant Pleads specially, the Plaintiff shall reply or demur in Three Days, or a Non-pros may be entered by the Defendant; and if the Plaintiff replies, and in his Replication tenders an Issue, the Defendant shall join Issue, or Demur, in Three Days, or the Plaintiff may have Judgment; and when the Defendant rejoins to the Plaintiff's Replication he shall file his Rejoinder in Three Days, or Judgment shall go against him unless the Time for pleading shall be enlarged as aforesaid; and the same Time shall be given, and Rules observed, through the Whole Course of the Pleadings.

That all Issues shall be tried at the Term next succeeding after Issue joined, without Notice of Tryal on either side; nor shall any Cause be delayed or continued longer without special Cause shewn to, and approved by the Court.

That the Clerk of every Court, before the Commencement of the Term, shall enter, in a particular Docket to be kept for that Purpose, all such Causes, and those only, in which any issue is to be tried, or Damages to be enquired special Verdict, Case agreed, or Demurrer to be argued, in the same Order as the Suits stand in the Course of Proceedings.

That when a Special Verdict shall be found, Case agreed, Demurrer, or Bill of Exception to Evidence tendered, Time shall be allowed, upon Motion of either Party, to the next Term to argue the same.

That for the more entire and better Preservation of the Records of the Courts when any Cause is finally determined, the Clerk shall enter all the Proceedings therein, and other Matters relating thereto, in a Book well bound, so that an entire and perfect Record may be made thereof.

That all Jury Causes be first tried.

That all Motions in arrest of Judgment, shall be argued within the Three last Days of the Term the Issue is Tried, the Defendant's Attorney first serving the Plaintiff's Attorney with a Copy of the Reasons, in Arrest of Judgment, the next Day after such Motion.

That Arguments on Writs of Error, Special Verdict, Cases agreed, Demurrers, Petitions for Legacies, and Distributions of Intestates Estates, shall be heard within the Four last Days of the Term.

That when any final Judgment shall be obtained, the Clerk shall allow a Lawyer's Fee in the Bill of Costs, if the Party employed one, which is hereby declared to be Thirty Shillings, Proclamation Money.

That no Plea of Abatement shall be received in any of the said Courts, unless the Party offering the same shall, by affidavit, or otherwise, prove the Truth of such Plea.

That where a Plea in abatement shall be pleaded in any Action in either of the said Courts depending, and upon Argument, the same shall be adjudged

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insufficient, the Plaintiff or Plaintiffs shall recover, against the Defendant full costs, to the Time of overruling such Plea, including the Costs of that Court, a Lawyer's Fee only excepted, and the Plaintiff in Replevin, or the Defendant, in any other Action, may Plead as many several Matters as may be necessary for his Defence, so as he be not admitted to plead and demur to the Whole.

XXXVII. And be it further Enacted, That all the Statutes of Jeosails, and Amendments which are now in Force in England, are hereby declared to extend to, and be in Force in this Province; and shall be duly observed by all Judges and Justices of the several Courts of Record within the same, according to the true Intent and Meaning of the said Statutes.

XXXVIII. And be it further Enacted, by the Authority aforesaid, That the following Orders, Rules, and Methods, for taking the Testimony of Witnesses, in all Causes to be depending in the said Courts, be observed and put in Practice, to-wit:

That in all Causes where Witnesses are to appear at either of the said Courts, a Subpoena shall be issued by the Clerk, directed to the Sheriff of the County where the Witness or Witnesses reside, mentioning the Time and Place for their appearance, and the Names of the Parties to the Suit wherein they are to give Evidence, and at whose Instance they are summoned.

That every Subpoena, returnable immediately, shall be personally served on any Person who shall be thereby summoned as a Witness to attend any of the said Courts.

That a Copy of every Subpoena, issued by the Clerk, in the Vacation, and Returnable to the First, or any other Day of the Term, in Case the Witness or Witnesses to be thereby Summoned are not found at Home, may be left at the usual Place of Residence of such Witness or Witnesses; and the leaving such Copy as aforesaid, shall be a good and legal Service; and the Person or Persons thereby summoned, are bound to appear, under the like Penalty as if Personally summoned.

XXXIX. And be it further Enacted, by the Authority aforesaid, That if any Person be summoned to attend as aforesaid, or for whom such Copy of a Summons shall be left, shall fail to appear accordingly, every such Person so failing shall forfeit, to the Person or Persons at whose Instance the Subpoena Issued, Twenty Pounds Proclamation Money; and shall be further liable to an Action on the Case for whatever Damages shall be sustained for Want of such Witness's Testimony.

XL. Provided always, That if sufficient Cause be shewn by the Person so summoned, or for whom Copies shall be so left and failing to appear, of his or her Incapacity to attend at the Time he or she ought to have appeared, then no Forfeiture or Penalty shall be incurred by such Failure; but if sufficient Cause be not shewn at the next succeeding Term after such Failure or Notice given, it shall and may be lawful for the Court, on Motion, to grant Judgment for the Forfeiture before mentioned, against the Person or Persons so summoned and failing to appear as aforesaid; And when any Person summoned as a Witness in any Cause as aforesaid, shall be confined in any Prison or Gaol in this Province, the Superior Court, for the better manifestation of the Truth and Advancement of Justice, shall and may grant a Habeas Corpus ad Testificandum, to remove such Person into such Court; the Party praying such Writ, having first entered into Bond, with sufficient Security, to Defray the Expence of such Removal; and to answer, in Case of such Witness's Escape, all Damages that shall or may be occasioned to any Person thereby.

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

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Person summoned to appear as a Witness in any of the said Superior Courts, in Manner as hereinbefore Directed, shall appear according to such Summons, and continue to attend from Day to Day, until Discharged by the Court, or the Party at whose Instance he was summoned; and in Default thereof, shall be subject to the Pains and Penalties hereinbefore mentioned; any Law or Usage to the contrary notwithstanding.

XLII. And be it further Enacted, by the Authority aforesaid, That if any Witness by Sickness, Age or any other Cause, shall be incapable of attending Court to give Evidence, or shall reside out of the Province, on Oath made thereof, or the Truth of the same otherwise sufficiently appearing, the Judge or Justices of the Court wherein the Suit is depending, shall and may, by Commission, as from Time to Time may be necessary, impower such and so many Persons as they shall think necessary to take and receive the Depositions of such Witness; which, when duly returned, shall be received as legal Evidence.

XLIII. Provided always, That the Party praying such Commission as aforesaid, shall give such Notice to the Adverse Party of the Time and Place when and where such Commission is to be executed, as the Court shall think Proper; and the Adverse Party shall have Liberty to cross examine any Witness or Witnesses whose Deposition shall be so taken; and all Depositions otherwise taken than is herein directed, unless by Consent of Parties, shall be Void to all Intents and Purposes.

XLIV. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons who may be a Witness or Witnesses in any Cause depending in any of the said Courts, shall be under a Necessity of departing the Province before the Cause in which he or they may be a Witness or Witnesses is to be tried, that upon Oath made thereof before the Chief Justice or any one of the Justices of the Superior Courts, and the Cause of Excuse approved by him, the said Chief Justice, or other Justice as aforesaid, is hereby impowered to issue a Commission to one or more Persons to take the Deposition of such Witness; Ten Days Notice being previously given to the adverse Party, his or her Attorney, of the Time and Place when the such Commission is to be executed, that so he or they may attend and cross examine such Witness, which, when returned, shall be received as legal Evidence.

XLV. And be it further Enacted, by the Authority aforesaid, That if any Person shall be summoned as a Witness in any of the Superior Courts, or before any Persons appointed to take Depositions as aforesaid, shall refuse to give Evidence, on Oath, such Person so refusing, shall be committed to the Common Gaol, there to remain without Bail or Mainprise, until he or she shall be willing to give Testimony in such Manner as the Law doth now, or hereafter shall direct; Provided, That the People called Quakers, shall have the same Liberty of giving their Evidence, by way of solemn Affirmation, as by Act of Parliament made in the Eighth Year of the Reign of his Majesty King George the First, intituled an Act for granting to the People called Quakers, such Terms of Affirmation or Declaration as may remove the Difficulty which many of them lie under; and that all Negroes, Indians, Mulattoes, and all of mixed Blood descended from Negro or Indian Ancestors, to the Third Generation, exclusive, Bond or Free, shall be deemed and taken to be incapable in Law to be Witnesses in any Cause whatsoever, excepting against each other.

XLVI. And be it further Enacted by the Authority aforesaid, That during the Attendance of any Person summoned as a Witness to a Superior or Inferior Court, and as such Person is going or returning from the Place of such

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Attendance, allowing one Day for every Twenty Five Miles such Person's Residence shall be distant from the same, no Sheriff or other Officer shall serve or execute, on any Person so attending, going to, or returning from such Court, any Writ, Process, Warrant, Order, Judgment or Decree in any Cause; and if any such shall be served or executed the same shall and is hereby declared null and Void.

XLVII. And be it further Enacted, by the Authority aforesaid, That for every Mile any Witness shall travel, either going to or returning from the Court to which such Witness shall be summoned to appear, there shall be paid to him by the Party at whose Instance the Subpoena Issued, Three Half-Pence, Proclamation Money, per Mile; together with the necessary Charges of Ferriage and Two Shillings like Money for every Days Attendance, from the Time appointed for the Appearance until the Time such Person shall have given Evidence or shall be discharged; provided, That in any Bill of Costs, there shall not be allowed the Charge of more than Two Witnesses to any one particular Matter of Fact.

XLVIII. And be it further Enacted, by the Authority aforesaid, That the Superior Courts shall have Power and Authority to grant Writs of Error for correcting the Errors of any Inferior Court where the same shall be necessary; and the Party praying such Writ of Error before the same shall issue, shall assign Error, and give Bond and Security, to be approved by the Court, to abide by, perform, and fulfil the Judgment which shall be given thereon by such Court; and if upon Argument of any Writ of Error, or Tryal of any Appeal from any Inferior Court, the Judgment or Decree of any Inferior Court shall be reversed, the Superior Court shall grant Judgment, or make such Decree thereupon as should have been entered or made up in such Inferior Court; and shall and may issue Execution thereon without granting a Writ of Procedendo; and to prevent the obtaining Writs of Error by Surprise, the Party praying such Writ, in a Civil Cause, shall give Notice to the Adverse Party of his moving for such Writ at least Ten Days before such Motion; and no such Writ shall be granted without an Affidavit of such Notice.

XLIX. And for preventing long and oppressive Imprisonments, Be it Enacted by the Authority aforesaid, That when any Person shall be committed, in any Civil Action, to the Gaol of any County, by Process issuing out of any Inferior Court, for any Matter cognizable in the Superior Court, it shall and may be lawful for the Superior Court of the District in which such Person shall be imprisoned, upon Petition, and Cause shewn by the Person so imprisoned, to issue out a Habeas Corpus Cum Causa, to remove the Body of such Defendant in the Gaol of such Superior Court, which is hereby declared to be the Gaol of the Supreme Court formerly held in such District, and the Cause of such Commitment, into the said Superior Court; and the Clerk of such Superior Court is hereby authorized and required, upon Direction of the Court, to issue such Writ accordingly; and the Court shall and may proceed therein, and bail, or discharge, or remain such Prisoner, as the Right of the Case shall require.

L. And be it further Enacted by the Authority aforesaid, That as well the Chief Justice for the Time being, as the several Clerks, and other ministerial Officers of the said Courts, shall be allowed, and shall have, take, and receive for all services by them or any of them done, the same Fees as are allowed for the like Services by an Act of Assembly, intituled, An Act for regulating the several Officers' Fees within this Province, and ascertaining the Method of paying the same.

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LI. And be it further Enacted, by the Authority aforesaid, That all Causes, Actions, Writs, Suits, Plaints, Process, Recognizances, Indictments, and Presentments whatsoever, that are, or shall be depending in any of the late Superior Courts of Pleas and Grand Sessions within this Province, or such as shall be returnable to, or had, or shall have Day or Days in any of the said Late Courts or other Matters or Things in them Depending, and not fully determined, shall be transferred and put on the Dockets of the respective Courts hereby established, in the same Order they shall then stand in the Dockets of the said late Superior Courts respectively; and shall be proceeded in by the said Superior Courts hereby established, according to the Method by this Act Directed, as if the same had been originally commenced in any of the same, due Regard being had, that such Courts take Cognizance of such Suits, Matters and Things, the Cause or Causes whereof arose, or is suggested to have arisen, within their respective Districts.

LII. And be it further Enacted by the Authority aforesaid, That in all Cases wherein by any Act of Assembly heretofore made, Action is given, or Recovery directed to be had in the General Court, or any of the Supreme Courts of Justice, Oyer and Terminer and General Gaol Delivery, or in any of the late Superior Courts within this Province, in every such Case, after the passing of this Act, Suit may be brought for the same Cause of Action, and Recovery had in some one of the Superior Courts of Justice, hereby established, and Judgment and Execution shall be entered, as in other Cases by this Act directed.

LIII. And be it further Enacted, by the Authority aforesaid, That all Writs and other Process, and all Suits, Appeals, and Proceedings whatsoever, issued, granted, or prosecuted, in the late Superior Courts, wherein Judgment hath been entered, or Decree made, shall and may be taken Cognizance of by the Superior Courts of the respective Districts hereby established, wherein the Cause of Action did arise, or was suggested to have arisen; and such Courts may, respectively award Execution, or other necessary Proceedings, on such Judgment or Decree, in the same Manner as if such Suit had been originally commenced in such Court; any Law or Usage to the contrary notwithstanding.

LIV. And be it further Enacted, by the Authority aforesaid, That wherein the General Court, or any of the Supreme Courts, or late Superior Courts, any Recognizance has been forfeited, or Fine imposed, and not hitherto paid it shall be lawful for the Superior Court hereby established, of the District in which such Recognizance was, or shall be forfeited, or Fine imposed, to issue Execution for levying the same, after the Party shall be served with a Writ of Scire Facias, and fails to shew Sufficient Cause to the contrary; And in all Recognizances which shall hereafter be forfeited, or Fine which shall hereafter be imposed, in any of the Superior Courts, the same Process shall issue, and the Forfeiture be levied in the same Manner, unless sufficient Cause be shown, on the Return of a Scire Facias, why such Forfeitures should be discharged or mitigated by the Court.

LV. And whereas the Remote Distance of the Court at Salisbury from the other Courts appointed by this Act, may render the Attendance of the Chief Justice at the said Court very uncertain and precarious; Be it therefore Enacted, by the Authority aforesaid, That it shall and may be lawful for the Governor or Commander in Chief for the Time being, by Commission under the great Seal of this Province, to constitute and appoint a Person of Skill and Ability in the Law as an Assistant Judge to the said Chief Justice for the District of Salisbury; which said Assistant Judge shall and may, and

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is hereby authorized and impowered, in Case of the Absence of the Chief Justice, to hold the said Court at Salisbury, at the several and respective Times hereinbefore Limited, and appointed for holding of the said Court, and to take Cognizance of all Suits, Pleas and Matters, whereof the said Court shall or may have legal Jurisdiction, or whereof the said Chief Justice could or might take Cognizance, was he himself personally present in the said Court, and the same to try and Determine, and also to give judgment therein, and to award Execution thereupon; and to make Orders for issuing Letters Testamentary, and Letters of Administration, and to have, use, and exercise the same Powers and Authorities, in the said District of Salisbury, in as full and ample Manner, to all Intents and Purposes, as the said Chief Justice by Virtue of his Office as Chief Justice of the Province, or by Force of this Act, hath, or can, or may use or exercise.

LVI. And be it further Enacted, That such Assistant Judge shall and may, within the said District of Salisbury, as well out of the Court as within the same, take the Proof of Acknowledgment of Deeds, or letters of Attorney, and the Private Examination of Feme Coverts, as hath heretofore been done or may be done by the Chief Justice, in the like Cases; and shall and may have, receive, and take the same Fees on those Occasions, as are by Law given to the Chief Justice; which Proofs and acknowledgments shall be deemed equally good and Valid in Law, as if taken in any Court of Record.

LVII. And be it further Enacted, by the Authority aforesaid, That such Assistant Judge shall, before he acts in the Said Court, take the Oaths by Law appointed for the Qualification of Public Officers, and repeat and subscribe the Test and also take the Oath of Office herein before by this Act appointed to be taken by the Chief Justice, mutatis mutandis; and in Case such Assistant Judge shall presume to Act in his Office in the said Court without taking the Oaths and Subscribing the Test by this Act directed to be by him taken and subscribed, he shall forfeit Five Hundred Pounds; to be recovered by Action of Debt, Bill, Plaint, or Information, in any of the Superior Courts of this Province; one Half to the Use of his Majesty his Heirs and Successors, towards defraying the Charges of Government, and the other Half to Him or them that will sue for the same.

LVIII. And for the trouble and Attendance of such Assistant Judge, in holding the said Court, Be it Enacted by the Authority aforesaid, That he shall have and receive the Sum of Seventy Five Pounds Proclamation Money for every Court he shall hold or attend at within the District of Salisbury, whether the Chief Justice be there or not; to be paid within one Month after every such Court so held as aforesaid, out of the Public Treasury of this Province. Provided always, That it shall not be lawful for the said Assistant Judge to practice the law as an Attorney in any Court within the said District of Salisbury.

LIX. And whereas many of the Prisons within this Province are insufficient for the Retention of Persons who commit Capital and other Offences against his Majesty, his Peace and Government; Therefore for the Speedy Tryal of such Offenders; Be it Enacted by the Authority aforesaid, That the Governor or Commander in Chief for the Time being, so often as he shall find it necessary, is hereby authorized and impowered to issue a Commission of Oyer and Terminer, and General Gaol Delivery, under the Great Seal of the Province, directed to the Chief Justice, and one or more of the other Justices of the Superior Courts, for the Tryal of any such Offenders; and the said Chief-Justice and other Justice or Justices so commissioned, after Receipt thereof, are hereby impowered to hold a Court within the Time limited

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by such Commission, for the Tryal of every such Offender; and to hear and determine all Treasons, Murders, Burglars, Felonies, Trespasses, Crimes and Misdemeanors of what Nature or Kind soever, wherewith such Offenders or Offender, is or shall stand Charged, and give Judgment and award Execution thereon.

LX. And be it further Enacted, by the Authority aforesaid, That the Chief-Justice, and other Justice or Justices, so commissioned, on receiving such Commission, shall order the Clerk of the Court for the District where such Court of Oyer and Terminer is to be held, to issue Writs of Venire Facias directed to the Sheriff of the respective Counties within such District, to serve as Grand and Petit Jurors at such Court; which Writs the said Clerk is hereby impowered and required to issue, Ten Days at least before the Day of holding every Court of Oyer and Terminer to summons Six good and lawful Men as Grand Jurors, and six other Good and lawful Men as Petit Jurors, for every County within such District, being Freeholders, to appear and attend at such Court; which Person so summoned as Grand Jurors, or so many of them as shall appear, (together with other good and Lawful Freeholders of the By-standers, if necessary, to add to such, to make a Sufficient Number of Grand Jurors) shall be a Grand Jury; and it shall be lawful for such Grand Jury to enquire of and present, all Treasons, Felonies, and other Offences cognizable in the said Court, which shall have been committed or done within any County or Counties within such District; and the Freeholders so summoned as Petit Jurors, or so many of them as shall appear, (not being challenged) together with so many other good and lawful Freeholders of the Bystanders as shall make up the Number of Twelve; shall and are hereby declared to be a lawful Jury, for the Tryal of any Person or Persons indicted of Treason, Felony, or other Crimes or Misdemeanors, before the said Court of Oyer and Terminer; and if any Person so summoned to serve on the Grand or Petit Juries before such Court, shall fail to appear and attend, it shall be lawful for the said Court to Fine every Person so failing, Three Pounds; to the Use of the County whereof he is resident.

LXI. And be it further Enacted, by the Authority aforesaid, That this Act, and every Clause, Article and Thing, therein contained, shall continue and be in Force for the Space of Two Years, from and after the First Day of January next and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER II.
An Act to establish Inferior Courts of Pleas and Quarter Sessions in the Several Counties in this Province.

I. Whereas the Establishment of Inferior Courts for the Tryal of Causes, and punishing Offenders, under proper Limitations and Restrictions, would be of great Service, and general Utility, in the several Counties within this Province:

II. Be it therefore Enacted, by the Governor Council, and Assembly, and by the Authority of the same, That in every County of this Province, a Court quarterly in every Year shall be held by the Justices thereof at the several respective Places already assigned for that Purpose, or at such Place or Places as shall be hereafter lawfully appointed, upon the Days hereinafter limited for each County respectively; which Courts shall be called

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Inferior Courts of Pleas and Quarter Sessions, and taken and held to be Courts of Record.

III. And be it further Enacted, That every Person nominated and appointed a Justice of any Inferior Court, before his entering upon and executing the said Office, shall publicly in the Court House of his County, on a Court Day take the Oaths appointed, or which shall be appointed, to be taken by Act of Parliament for the Qualification of Public Officers, repeat and subscribe the Test, and shall also take the following Oath to-wit:

I, A. B., do swear, That as a Justice of Peace in the County of —— in all Articles in the Commission to me directed, I will do Equal Rights and Justice to the Poor and to the Rich, after my Cunning, Wit, and Power, and according to Law; and I will not be of Council in any Quarrel hanging before me; I will not lett for Gift or other Cause, but well and truly I will do my Office of a Justice of the Peace, as well within the Inferior Court of Pleas and Quarter Sessions of the said County as without; and I will not take any Fee, Gift, or Gratuity, for any thing to be done by Virtue of my Office; and I will not Direct or Cause to be directed, any Warrant by me to be made to the Parties, but I will direct them to the Sheriff or Constable of the County, or other the King's Officers or Ministers, or other Indifferent Person, to do Execution thereof. So Help Me God.

And if any Person Whatsoever shall presume to execute the Office of a Justice of any Inferior Court, without first qualifying himself in the Manner by this Act before required, he shall, for every such Offence, forfeit and pay One Hundred Pounds, Proclamation Money; one Moiety to his Majesty, his Heirs and Successors, towards the Support of this Government, and the other Moiety to the Informer; to be recovered with Costs, by Action of Debt, in any Court wherein the same is Cognizable.

IV. And be it further Enacted, by the Authority aforesaid, That the said Inferior Courts of Pleas and Quarter Sessions shall be constantly held upon the Days hereafter specified for every County respectively, that is to say; For the County of Craven, on the First Tuesday in January, April, July and October. Carteret, on the Fourth Tuesday in February, May, August and November. Dobbs on the Second Tuesday in January, April, July and October. Johnston on the Third Tuesday in January, April, July and October. Beaufort on the Second Tuesday in March, June, September and December. Pitt on the Last Tuesday in February, May, August and November. Hyde on the First Tuesday in March, June, September and December. Currituck on the First Tuesday in January, April, July and October. Pasquotank on the Second Tuesday in January, April, July and October. Perquimans on the Third Monday in January, April, July and October. Chowan on the Fourth Monday in January, April, July and October. Bertie on the last Tuesday in February, May, August and November. Tyrrel on the Third Tuesday in March, June, September and December. Hertford on the Second Tuesday in January, April, July and October. Northampton on the First Tuesday in February, May, August and November. Halifax on the Third Tuesday in January, April, July and October. Edgecomb on the Fourth Tuesday in January, April, July and October. Granville, on the Second Tuesday in February, May, August and November. Orange on the First Tuesday in February, May, August, and November. Rowan, on the second Tuesday in January, April, July and October. Anson on the Fourth Tuesday in January, April, July and October. New Hanover on the First Tuesday in March, June, September and December. Bladen on the Fourth Tuesday in February, May, August and November. Duplin on the second Tuesday in February,

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May, August and November. Cumberland, on the Third Tuesday in February, May, August and November. Onslow on the Second Tuesday in March, June September and December. And every adjournment shall be to the next succeeding Court in Course, and not otherwise.

V. Provided nevertheless, That if the Business of any of the said Courts cannot be determined on the Court Day, the Justices may adjourn from Day to Day not exceeding Five Days; at the End of which Time, if the Causes and Matters depending before them shall not be finally determined, or otherwise continued in the Manner herein after directed, the same shall be continued to the next succeeding Court.

VI. Provided also that if through Sickness or other Inability, Badness of Weather or other Accident, it shall so happen that a Sufficient Number of Justices shall not meet for holding the said Courts on the Days herein before appointed, in such Case it shall and may be lawful for any one Justice to adjourn the Court whereof he shall be a Member from Day to Day not exceeding Three Days, until a sufficient Number of Justices can attend to hold Court.

VII. And be it further Enacted, by the Authority aforesaid, That none of the said Courts, or Process in any of them depending, shall be discontinued for or by reason of the Justices failing to hold Court upon the Day by Law appointed, or of any Alteration of any of the said Days appointed for holding the said Courts; but in every such case all such Process, Matters, and Things depending, shall stand continued, and all Appearances upon returns of Process should be made to the next succeeding Court in Course, in the same Manner as if such succeeding Court had been the same Court to which such Process stood continued, or such Returns or Appearances had been made; and all Recognizances, Bonds and Obligations for Appearances, and all Returns, shall be of the same Force and Validity for the appearance of any Person or Persons at such succeeding Court, and all Summons for Witnesses as effectual, as if the next succeeding Court had been expressly mentioned therein.

VIII. And be it further Enacted by the Authority aforesaid, That the Justices of the said Inferior Courts of Pleas and Quarter Sessions, or any Three of them, shall and may take Cognizance of, and are hereby declared to have full power, Authority and Jurisdiction, to hear and Determine all Causes whatsoever at the Common Law, within their respective Counties, where the Debt, Damages, and Cause of Action, is above Forty Shillings, Proclamation Money, and shall not exceed Twenty Pounds like Money, (Actions of Trespass in Ejectment, Formedon in Decender, Remainder, and Reverter, Perjury and Felony, and such Criminal Causes where the Judgment upon Conviction, shall be for the Loss of life or Member excepted) and all Petit Larcenies, Assaults, Batteries, and Trespasses, other than such Trespasses wherein the Title of the Freehold shall or may come in Question, Breaches of the Peace, and other Misdemeanors of what Kind soever, of an Inferior Nature; and all filial Portions and Legacies, and Distributions of Intestates Estates, and other Matters thereto relating, for any Sum or Sums not exceeding Twenty Pounds, Proclamation Money; And the said Justices of the Peace, and every of them at all times during their Continuance in that Office, as well within their Inferior Courts of Pleas and Quarter Sessions as without, shall have full power and Authority, as amply and as fully, to all Intents and Purposes, as the Justices of the Peace in the Counties of England, to preserve, maintain, and keep the Peace within their respective Counties.

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IX. And be it further Enacted by the Authority aforesaid, That the said Inferior Courts respectively shall and may, by summons or other legal process, upon application to them made, compell any Person or Persons whatsoever, having in their Possession any Will or Testament of any deceased Person to exhibit the same to the Court, in Order to a legal Probation thereof; and also to receive the Probate of Wills, and order the same to be recorded; and make Orders for issueing Letters Testamentary, and Letters of Administration; and the Clerk shall and may take Two Shillings and Eight Pence for recording each Will.

X. Provided always, That any Person who hath a Right to execute any Will, or to administer the Estate of any Intestate, who shall think himself injured by such Order, may enter a Caveat in the Court wherein such Order shall be made against the Person obtaining the same; and the Secretary and his Deputy, shall forbear to seal and Countersign Letters Testamentary, or of Administration, till the Matter in Controversy shall be reheard and determined before the Governor, or Commander in Chief for the Time being, and Council.

XI. And be it further Enacted by the Authority aforesaid, That the Clerk of the Pleas for the Time being shall, for the Future, nominate and appoint skillful and Discreet Persons to serve as Clerks for the several Courts hereby established; which said Clerks shall, upon such Nomination and appointment, hold and enjoy their offices during their good Behavior therein; And each of the said Clerks shall give Bond to the Justices of their respective Courts, with Two Sufficient Securities, in the Penalty of One Thousand Pounds, for the safe keeping the Records, and the faithful Discharge of his Duty in his said Office; which said Bond shall be recorded, and lodged in the Secretary's Office; and in Case of a Breach of the Condition thereof, may be put in Suit, for the Benefit of, and at the Proper Cost and Charges of the Party or Parties injured, and shall not become void upon the first Recovery, or if Judgment be given against the said Justices, but may, from time to time, be put in Suit, by Action of Debt, or Scire Facias, until the whole Penalty shall be recovered; And when any Judgment shall be obtained upon such Bond, the Damages assessed shall, by Order of the Court, be paid to the Person or Persons injured.

XII. Provided always, That nothing herein contained shall be construed to lessen or take away the Power of the Justices of the said Courts over the Clerks thereof, any Thing herein contained to the contrary, notwithstanding.

XIII. And be it further Enacted, by the Authority aforesaid, That every Person nominated and appointed Clerk of any Inferior Court, before his entering upon, and executing the said Office, shall take the Oaths by Law appointed for the Qualification of Public Officers, repeat and subscribe the Test, and also take the following Oath, to-wit:

I, A. B., do swear I will well and truly execute the Office of Clerk of the Inferior Court of Pleas and Quarter Sessions for the County of —— according to the best of my skill and ability. So Help me God.

XIV. And for the better preservation of Wills, Be it further Enacted by the Authority aforesaid, That all Original Wills shall remain in the Clerk's Office among the Records of the respective Counties where they shall be proved, whereunto any Person may have Recourse as to the other Records, except for the Time the same shall or may be removed before any other Court upon the Determination of any Controversy.

XV. And be it further Enacted by the Authority aforesaid, That the Clerk of every Inferior Court aforesaid, in the Month of October Annually, shall

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return to the Secretary's office a List of all Certificates for obtaining Probates or Administrations granted by their respective Courts from Time to Time, containing the Names of the Testators or Intestates, their Executors or Administrators, and the Names of the Securities; which Lists the Secretary is hereby required to cause to be recorded in his Office Alphabetically in Books for that Purpose, and shall and may take and receive Two Shillings and Eight Pence, Proclamation Money, for every such Order therein mentioned.

XVI. And be it further Enacted, by the Authority aforesaid, That the Attorney General is hereby authorized and required to appoint a Deputy in each County within this Province; which said Deputy shall and may prosecute all Matters cognizable in the Inferior Court of Pleas and Quarter Sessions for and in behalf of his Majesty, and shall take and receive Thirteen Shillings and Four Pence, Proclamation Money, on each and every Bill of Indictment found, or Presentment made, in the said Court in which he or his Deputy shall be.

XVII. And be it further Enacted, by the Authority aforesaid, That the said Inferior Courts of Pleas and Quarter Sessions respectively shall, and they are hereby authorized and impowered, annually, between the First Day of May and the First Day of November, to assess and lay such Tax on the Taxable persons in their respective Counties, as shall be sufficient to defray the Contingent Charges of the Same; which Tax shall be collected by the Sheriff, and paid and accounted for in the same Manner Public and Parish Taxes are or shall be by law directed, and by him accounted for and paid to the Court, or their Order. And all debts and demands of Forty Shillings Proclamation Money, or under, are hereby declared to be cognizable and determinable by any one Justice of the Peace, who may give Judgement, and thereupon award execution, against the Goods or Chattels or Body of the debtor or Party against whom such Judgement shall be given; which shall be executed and returned by the Sheriff or Constable to whom directed, in the same Manner as other writs of Fieri Facias, or Capias ad Satisfaciendum are to be executed and returned.

XVIII. Provided nevertheless, That if either of the Parties shall be dissatisfied with the Judgement given by such Justice, he may appeal to the next Inferior Court of Pleas and Quarter Sessions, first giving Security for prosecuting such appeal with Effect; which cause shall be tried and finally determined the same Court without any further Process, in the same Manner as Causes are there tried brought by Original Petition and Summons; and Judgement shall thereupon be given, and the Party cast shall pay the cost of all Proceedings had thereon, to be taxed by the Court. Provided nevertheless, That the Justice before whom suit was first heard and determined, shall not sit in Court or give Judgement on the Tryal of such Appeal.

XIX. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for any creditor, where his Debt or Demand doth not exceed Forty Shillings Proclamation Money, to go before any Justice of the Peace and make Oath how much is justly due to him and that he has grounds to suspect that his Debtor hath or intends to remove himself and effects privately out of the County, or so absconds that Process cannot be served upon him; and thereupon such Justice (having first taken Bond and security as in other cases of Attachments) shall issue an Attachment against the estate of such Debtor, returnable before any Justice of the County, directed to the Sheriff or any Constable of the County and by Virtue thereof it shall be lawful

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for such Sheriff or Constable to pursue and attach such Effects, and make due return of such attachment; and the Proceedings thereon by the said Justice shall be in a Summary way in the same Manner as on a warrant.

XX. And be it further Enacted, by the Authority aforesaid, That any Justice of the Peace shall and may have Power, and is hereby authorized, upon Complaint being made by any Person or Persons for any Matter or Thing, Debt or Damage, cognizable in the Inferior Courts of Pleas and Quarter Sessions of this Province, to grant an original attachment against the Estate of any Person absconding or concealing, and removing himself out of the County, returnable to such Court, observing therein the Rules and Restrictions directed for granting original Attachments returnable to the Superior Courts of Justice; and all Sheriffs and other Officers, shall execute and return the same, and observe the Rules and Directions appointed to be observed in executing Attachments returnable to the Superior Court; and the like Judgment, Recovery, Relief, Remedy, and Proceedings, shall be had thereupon, as in the like Cases is grantable in the said Superior Courts.

XXI. And be it further Enacted, by the Authority aforesaid, That all original Process by Writ, Summons, Petition, or any other Manner or Means, and all subsequent Process thereupon, to bring any Person or Persons to answer to any Action, Suit, Bill, Information, or Plaint, in any Inferior Court of Pleas and Quarter Sessions (except Subpoenas to summon Evidences, which may be made returnable immediately) shall be issued and bear Test by the Clerk of every Inferior Court of Pleas and Quarter Sessions respectively and shall be returnable on the first Day of the Sitting of the Court, and shall be executed at least Five Days before the Return thereof; and if any Person issues any Writ or Process whilst such Court is sitting, or within Five Days before the beginning of the Court, such Writ or Process shall be returnable to the Court next after that then sitting, or beginning to sit within Five Days as aforesaid, and not otherwise; And all Writs and Process issued, made returnable, or executed, in any other Manner, or at any other Time, than is herein before directed, may be abated, upon the Plea of the Defendant.

XXII. Provided always, That nothing herein contained shall extend, or be construed to invalidate or vacate any Writ, Process, Warrant, or Precept, issued by any Justice of the Inferior Courts of Pleas and Quarter Sessions on any criminal Prosecution, or in his Majesty's behalf, but the same may be returnable on any Day in the Sitting of the Court; and the Proceedings in all criminal Cases shall be had according to the Laws and Statutes of Great Britain and this Province; any Thing herein contained, to the contrary, notwithstanding.

XXIII. And be it further Enacted, by the Authority aforesaid, That when any Writ or Process shall issue to take the Body of any Person or Persons to answer unto any Plaintiff in any Civil Action in any Inferior Court of Pleas and Quarter Sessions, the Sheriff shall return therewith a Bond, with Two Sufficient Securities, for Double the Sum for which the Person shall be held in arrest (Executors, Administrators, and Persons sued on Penal Statutes, excepted) to the Clerk, on or before the First Day of Every Court; and if the Sheriff shall not return Bail, or the Bail so returned shall be found insufficient, upon exception taken thereto, then, and in such Case, the Sheriff shall be taken and stand Bail for the Defendant, and the Plaintiff may proceed in his Suit to Judgment according to the Rules hereinafter mentioned, and on Judgment, or Recovery, may take out execution against the Defendant or Sheriff or both; any Law, Usage, or Custom, to the contrary

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notwithstanding. Provided always, That if the Defendant puts in Bail before the Time given him by the Rules here after mentioned is expired, then the Sheriff shall be discharged. Provided also, That the Sheriff may surrender the Defendant in Discharge of himself at any Time before final Judgment obtained against the Defendant.

XXIV. And be it further Enacted, by the Authority aforesaid, That where any Judgment or Decree shall be obtained in any Inferior Court of Pleas and Quarter Sessions, for any Debt, Damages, Portion, or Legacy, or Proportion of any Intestates Estate, and the Person against whom such Decree shall be obtained shall remove him or herself and Effects, or shall reside out of the Limits of the Jurisdiction of such Court, it shall be lawful for the Clerk of the Court where Judgment was given, or Decree made, at the Request of the Party for whom the same was rendered, to issue a Writ of Fieri Facias, Capias ad Satisfaciendum, or other Process, under the Test herein before Prescribed, and to direct the same to the Sheriff or other Officer of any County in this Province, where the Defendant or Debtor, or his Goods shall be found; which said Sheriff or other Officer to whom the same shall be directed, is hereby impowered and required to serve and execute the same and shall make return thereon to the Court where the Judgment or Decree was given, in the same Manner as if such Process had issued from the Superior Court of Justice.

XXV. And for the better ascertaining what Process may be issued where the Sheriff shall return that the Defendant is not to be found in his Bailiwick, It is hereby Enacted, That when any Sheriff shall make such Return the Plaintiff or Plaintiffs, in any Civil Action, may sue an Attachment against the Estate of such Defendant, returnable as is herein before directed for the Return of original or other subsequent Process, thereupon to enforce an Appearance, or an Alias, or Pluries Capias, until such Defendant be arrested, at the Election of the Plaintiff or Plaintiffs; and if the Sheriff shall return such Attachment executed, the Plaintiff shall file his Declaration according to the Rules of the Court, and be intitled to a judgment.

XXVI. And be it further Enacted by the Authority aforesaid, That the same Rules, Methods, and Proceedings, shall be had, kept, used and observed by the said Inferior Courts of Pleas and Quarter Sessions, and Officers in the granting issueing, executing, returning, and awarding Judgment on Judicial Attachments; and the like Remedy, Recovery, and Relief, against Sheriffs and Bail, as in like Cases is provided by Law in Suits depending in the Superior Courts of Justice.

XXVII. And for the regular Prosecution and Determination of Suits, entering up Judgments, and Preservation of the Records; Be it therefore Enacted, by the Authority aforesaid, That the following Rules and Methods shall be observed, to-wit:

That the Plaintiff in every Suit shall file his Declaration on the First Day of the Court, or first calling of the Cause in Court; and at the same Time serve the Defendant, or his Attorney, with a copy thereof, if required. That if the Plaintiff fail to file his Declaration, or appear and prosecute his Suit, the Defendant may enter a Non-pros.

That the Defendant shall enter his Appearance, and file his Plea in Writing whether general or special, the First Court; and if he fails so to do, the Plaintiff shall have judgment, which in Actions of Debt shall be final, except where Damages are to be suggested on the Roll; in which Case, and in all others where the Plaintiff shall recover in Damages, a Writ of Enquiry shall be executed the next Court.

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That the Defendant may Plead as many several Matters as he shall think necessary for his Defence, so that he be not admitted to plead and demur to the whole.

That all Issues, whether general or Special, shall be heard and tried the next succeeding Court, unless sufficient Cause is shewn to such Court why such Causes shall be continued.

That all Causes at Issue ready for Trial be first heard and tried.

That every motion in Arrest of Judgment shall be argued the last Day of the same Court the Issue is tried, the Defendant's Attorney first serving the Plaintiff's Attorney with a Copy of the Reasons in Arrest of Judgment; unless upon sufficient reasons shewn, and approved of by the Court, further Time shall be allowed.

That when any special Verdict shall be found, or Demurer to Evidence, at the Motion of either Party, Time shall be allowed to the next succeeding Court for hearing.

That in every Cause, unless brought by Petition, if the Plaintiff recovers, or is non suit, or where his Suit shall be dismissed, or Judgment passed for the Defendant, the Court shall allow in the Bill of Costs Fifteen Shillings Proclamation Money, for an Attorney's Fee, if the Party employed one.

That the Clerk of ever Inferior Court of Pleas and Quarter Sessions, where any Cause is finally determined, shall enter all pleadings and other Matters relating thereto in a Book kept for that Purpose, that an entire and perfect Record may be made up.

XXVIII. And for Prevention of Delay and Vexation by dilatory Pleas, It is hereby further Enacted, That no Plea in abatement shall be received in any Action or Suit, unless the Truth thereof be sufficiently shewn to the Court by affidavit or otherwise; and in all Actions where the Declaration shall plainly set forth sufficient matter of Substance for the Court to proceed upon the Merits of the Cause, the Suit shall not abate for want of Form; and that when any Plea in abatement shall be pleaded in any Action, and upon Argument thereof the same shall be judged insufficient, the Plaintiff, or Plaintiffs in such Action shall recover against the Defendant or Defendants fun Costs to the Time of over-ruling such Plea, including the cost of that Court, a lawyer's fee only excepted.

XXIX. And be it further Enacted, by the Authority aforesaid, That for the more speedy and easy Recovery of small Debts, it shall be lawful for the Justices of any Inferior Court of Pleas and Quarter Sessions to hear, and finally end, and determine, all Suits brought for any Debt or Demand due by Judgment, Obligation, Account, or otherwise, for any Sum or Sums of Money above the Value of Forty Shillings, Proclamation Money, and of less Value than Five Pounds like Money, by Petition, without the Solemnity of a Jury; and the said Justices are hereby authorized and required, and shall have full power and Authority so to do, and to award Execution thereupon; and when the Demand shall be of less Value than Five Pounds, and above Forty Shillings, the Plaintiff shall proceed by Petition, in the Manner by this Act directed; and if any Plaintiff shall demand a greater Sum on Purpose to evade this Act, he shall be Non-suit, and pay Cost; and the Method of Proceeding shall be in a Summary Way, to-wit: The Petition shall express whether the Debt arises by Judgment, Obligation, Account, or otherwise, and if by Account, the same shall be filed, together with the Petition; and upon filing such Petition in the Clerk's Office, a Summons of Court shall be issued, under the Hand of the Clerk, returnable to the next Court a Copy of Which, together with a Copy of the Petition, and a Copy of the Account

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(where the Demand is upon an Account) shall be delivered to the Defendant, or left at his usaul Place of abode, Five Days at least before the next succeeding Court; and the same being returned Executed, by a Sworn officer, if the Defendant shall not then appear, it shall be lawful for the said Justices to hear and examine into the Truth of the Matter complained of, and to determine the Cause upon the Evidence produced, or to dismiss the Petition, as to them shall seem just; and if the Defendant shall appear upon such summons, he shall forthwith put in such Plea or answer thereto as will bring the Matter of Complaint in Issue, and thereupon, or if he fails to Plead, the Court shall instantly proceed to hear and determine the Cause in a Summary Way, upon any such Evidence as shall be given, and shall give judgment according as the very Right of the Cause and Matter in Law shall appear unto them, without regard to Form in the Process, Petition, or Course of Proceeding, so as sufficient Matter be set forth whereupon the Court may give Judgment according to the very Right of the Cause; and the Court shall not admit of any Delay in the Determination of any such Suit till another Court, unless good cause be made appear for such delay; but where the Penalty of any Bond or obligation for Debt shall be Five Pounds or Upwards, and shall be put in suit, the same shall be brought and prosecuted at the Common Law, and not by Petition, although Part of the Principal be paid before Suit brought; and when any Petition shall be filed in less than Five Days before the Court Day next following the filing thereof, the Summons thereupon shall be made returnable to the next Court held after the Expiration of Five Days; and the same being returned executed, the Proceedings thereupon at the Return Day, shall be in like Manner as before directed; and that upon every Judgment given upon such Petition, if a Lawyer be employed, The Clerk shall tax in the Bill of Costs, Seven Shillings and Six Pence for an Attorney's Fee, and no more.

XXX. Provided nevertheless, That the Sheriff, upon serving any such Petition shall and may, and he is hereby impowered and required, if directed by the Petitioner by indorsement on his Petition, to take Bail as is usual on executing a Writ; and for taking such Bail, and returning a Bail Bond, shall be allowed One Shilling and Eight Pence, to be Taxed in the Bill of Costs And upon Judgment being recovered against the Defendant in any such Suit the Court shall and may, and are hereby required, to award execution against the Defendant and such Bail, jointly, unless the Principal shall surrender himself to Gaol, or be delivered up by the Bail, before Execution being so granted; any Law, Custom or Usage, to the contrary, notwithstanding.

XXXI. And be it further Enacted by the Authority aforesaid, That the Clerk of every Inferior Court shall have, take, and receive, for the Whole Fees chargeable for each Petition and Summons, and all the Proceedings therein, including a Copy of the Judgment, taxing Costs, and entering an Attorney, (except Subpoenas for Witnesses, Orders for Continuances, and issuing Execution, when any of the said Matters happen) Seven Shillings and Six Pence, and no more; and the Sheriff shall and may, take and receive Two Shillings and Eight Pence for serving a Copy of such Petition and Summons, besides the Fee above mentioned for the Bail Bond, and no more.

XXXII. And be it further Enacted, by the Authority aforesaid, That every Clerk, Sheriff and other Officer of the said Inferior Court of Pleas and Quarter Sessions, may take and receive the Fees hereinbefore mentiond; and also for every other service by them respectively to be done, shall and may take such Fees and Perquisites as they could or might have done for performing

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the like Services by Virtue of an Act of Assembly, intituled, An Act for regulating the several Officers Fees within this Province, and ascertaining the Method of paying the same; And if any Clerk, Sheriff or other Officer of the said Courts, shall demand, extort, exact, or receive any other or larger Fees, or shall refuse to do the particular Service of his Office for the Fees in this and the before recited Act expressed, he shall introduce any new Fees, or charge any such for any pretended Service when such service is not actually performed, and when the same, according to the Course of Practice, is not necessary to be done; every such Clerk, Sheriff and other Officer, for every such Offence, shall forfeit and pay Five Pounds Proclamation Money; to be recovered and applied as by the aforesaid Act is directed.

XXXIII. And for granting Appeals from the Inferior Courts of Pleas and Quarter Sessions, to the Superior Courts of Justice, and obtaining Writs of Error to the said Courts, Be it further Enacted by the Authority aforesaid, That when any Person or Persons, either Plaintiff or Defendant, shall be dissatisfied with the Judgment, Sentence, or Decree of any Inferior Court, he may pray an Appeal from the Judgment, Sentence, or Decree of Such Court to the Superior Court of Justice of the District wherein such Inferior Court of Pleas and Quarter Sessions is held; but before obtaining the same shall enter into Bond, with Two sufficient Securities, for prosecuting the same, and performing the Judgment, Sentence or Decree that the Superior Court shall enter or make thereon, in Case such Appellant shall be cast.

XXXIV. And because it may happen, that in issueing Process, carrying on the Proceedings, and rendering Judgments in the said Inferior Courts of Pleas and Quarter Sessions there may be Error to reverse Judgments; be it Enacted, That when any Defendant is desirous to prosecute a Writ of Error, he shall move the Inferior Court of Pleas and Quarter Sessions, where such Suit is depending, to allow a Writ of Error, he first entering into Bond as afore-mentioned; and the Court is hereby impowered and required to allow thereof, as if such Writ of Error was then and there produced.

XXXV. And for carrying on and prosecuting such Appeals and Writs of Error; Be it Enacted, by the Authority aforesaid, That the following Rule and Methods of Practice shall be observed, to-wit, That when any Person, either Defendant or Plaintiff, conceives he is injured by the Judgment, Sentence, or Decree of any Inferior Court, and shall have appealed to the Superior Court in Manner above directed, a Transcript of the Proceedings of the Inferior Court shall be filed with the Clerk of such Superior Court Fifteen Days before the sitting of the Court; and if the Tryal in the Inferior Court was of an Issue to the Country, a Tryal de Novo shall be had, and if on a Hearing on a Petition for a filial Portion, or Legacy, or Distribution of an Intestates Estate, or other Matter thereto relating a Rehearing at the said Court, without Notice given by either Party; and if such Transcript of the Proceedings is not filed within the Time aforesaid with the Clerk of the Superior Court, or if the Appellant shall fail to appear and prosecute his Appeal, then the Judgment, Sentence, or Decree of the Inferior Court shall be affirmed, and the Appellant shall be adjudged to pay double Costs; provided, that there shall be Thirty Days between the Day of Tryal or Hearing in the Inferior Court, and the next Superior Court; But when it so happens that there are not Thirty Days between such Tryal or Hearing and the Superior Court, such Appeal shall be continued, and a Transcript of the Proceedings transmitted to the Superior Court next after; And where any Defendant will prosecute a Writ of Error, he may move the Inferior Court where the Tryal is had, and enter into Bond, with Security, as before mentioned, whereupon

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a Transcript of the Proceedings shall be filed with the Clerk of the Superior Court Fifteen Days before the Court, and the Party prosecuting such Writ of Error shall assign and file Error the First Four Days of the Court; and in Case such Defendant shall neglect to file such Writ, and assign Error as aforesaid, or shall fail to appear and prosecute the same, then the Judgment of the Inferior Court shall be affirmed, and the Plaintiff in Error shall be adjudged to pay double Costs; provided that there shall be Thirty Days between such Motion for obtaining a Writ of Error, and the Time of holding the Superior Court.

XXXVI. And be it further Enacted by the Authority aforesaid, That in every Inferior Court within this Province, when an Appeal shall be granted, or Writ of Error allowed, the Clerk of such Court shall immediately make up a full and perfect Record of all the Proceedings in such Cause, and shall, within Ten Days after the Adjournment of the Court, give an attested Copy of such Record with a Taxation of all Costs accrued, to the Person appealing or to whom the Writ of Error is allowed; and every Clerk neglecting to do the same, shall forfeit and pay to the Person intitled to such attested Copy, the sum of Five Pounds, Proclamation Money; to be recovered by Action of Debt, Plaint or Information, in any Court of Record; and the said Clerk shall also be further liable to an Action on the Case, for all such Damages as such Person shall sustain for want thereof.

XXXVII. And be it further Enacted by the Authority aforesaid, That if any Action or other Process shall be commenced and prosecuted against the Sheriff of any County in this Province, then instead of other Process which might be legally taken in the like Case against any other Person, the Clerk of any Inferior Court of Pleas and Quarter Sessions shall, upon Request, issue a Summons directed to the Coroner of the County, reciting the Matter or Cause charged against such Sheriff, and summons him to appear and answer the same at the next Inferior Court of Pleas and Quarter Sessions to be held for the said County; and if such Sheriff shall not appear according to such Summons, it shall be lawful for the Court to award an Attachment against the Estate of such Sheriff so failing to appear; and thereupon the like Proceedings shall be had as in Cases of other Attachments.

XXXVIII. And for the better Discovery of the Truth in any Matter whatsoever before the Inferior Courts, Be it Enacted by the Authority aforesaid, That the Clerk of every such Court may and he is hereby authorized and required, upon the Request of either Party, to issue one or More Summons or Summonses for any Person or Persons to attend as a Witness or Witnesses in any Case depending before them, directed to the Sheriff or other Officer of the County where such Witness or Witnesses do live or usually reside, who is hereby impowered and required to serve such summons or summonses; and the Witness or Witnesses thereby summoned shall appear according to the Tenor thereof, and every person or persons so summoned and attending, shall have the same allowance, and be intitled to the same Privileges and Exemptions, as Witnesses summoned to any Superior Court have or may claim; and on Failure to attend according to such Summons, shall be liable to the same Penalties, Fines, Forfeitures, and Actions, as Witnesses summoned to attend the aforesaid Superior Courts are liable and subject to in the like Cases, and shall and may be proceeded against accordingly; any Law, Usage, or Custom, to the contrary notwithstanding; And when any Witness is aged, infirm, or otherwise incapable of attending the Court, or resides out of the County, such Court, upon Motion of either Party, and the Truth thereof appearing, may grant a Dedimus, to take the Examination of such Witness

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or Witnesses, in the same Manner, and with such Notice, as such Commissions may be issued, executed, and returned, in Proceedings in the Superior Courts.

XXXIX. And be it further Enacted, by the Authority aforesaid, That every Person summoned to appear as a Witness in any of the said Inferior Courts in Manner as hereinbefore directed, shall appear according to such Summons, and continue to attend from Day to Day, until discharged by the Court, or by the Party at whose Instance he was summoned; and Default thereof, shall be subject to the Pains and Penalties hereinbefore mentioned; any Law, or Usage, to the Contrary, notwithstanding.

XL. And be it further Enacted, by the Authority aforesaid, That all Causes, Actions, Suits, Writs, Petitions, Summonses, Plaints, Process, Recognizances, Indictments, and Presentments whatsoever, heretofore commenced, and not yet determined, in either of the late Inferior Courts of Pleas and Quarter Sessions in this Province, or such as shall be returnable to, or had, or shall have Day or Days in any of the said Courts, or other Matters or Things in them depending, not fully determined after the passing of this Act, shall be transposed and carried off the Dockets in each of the said late Inferior Courts into the Dockets of the several Courts by this Act established, in the same Order in which they shall then stand in the Dockets of the said late Inferior Courts respectively; and shall be proceeded on by the said Courts according to the Method by this Act directed, as if the same had been originally commenced therein.

XLI. And be it further Enacted, by the Authority aforesaid, That all Writs and other Process, and all suits and Proceedings whatsoever, issued, granted, or prosecuted in any of the said late Inferior Courts, wherein Judgment hath been entered or Decree made, shall and may be taken Cognizance of, by the said Courts of the Respective Counties by this Act established; and such Courts may respectively award Execution, or other necessary Proceedings, on such Judgment or Decree, in the same as if such Suit had been originally commenced in such Court by this Law hereby established; any Law, Usage or Custom, to the contrary, notwithstanding.

XLII. And be it further Enacted, by the Authority aforesaid, That this Act and every Clause and Article thereof, shall be and continue in Force for Two Years, from and after the First Day of January next, and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER III.
An Act to impower the several Inferior Courts of Pleas and Quarter Sessions to try all Causes commenced in the late Inferior Courts, where the Debt, Damage, or Thing, sued for, does not exceed Fifty Pounds, Proclamation Money.

I. Whereas by the late Inferior Court Law, Power was given to the Justices of the respective Courts to try all Causes where the Debt, Damage, or Thing sued for, did not exceed Fifty Pounds, Proclamation Money, and there being divers Suits commenced in the said late Courts, and not yet determined, for the Sum of Fifty Pounds, and no Provision having been made for the Tryal of such Causes in the Inferior Court Law already passed by the Council and Assembly; For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all Causes heretofore commenced in any of

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the late Inferior Courts, wherein the Debt, Damage, or Thing sued for, shall exceed the Value of Twenty Pounds, Proclamation Money, and does not exceed the Sum of Fifty Pounds like Money, and not already determined, shall be tried in the said Courts, and in the same Manner, as if the sum sued for did not exceed Twenty Pounds; and the Justices are hereby declared to have Cognizance thereof, to give Judgment, and award Execution thereon, as fully and amply, to all Intents and Purposes, as in other Cases where the Debt, Damage, or Thing sued for, did not exceed the Value of Twenty Pounds, Proclamation Money; any Thing in the before Recited Act of Assembly, to the contrary, in anywise, notwithstanding.

CHAPTER IV.
An Act directing the Method of appointing Jurymen in all Causes, criminal and Civil.

I. Whereas a just Decision of Suits and Controversies in the several Courts of Justice in this Province, greatly depend on the Integrity and Capacity of Jurymen;

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That no Person shall be a Juryman in either of the Superior Courts of Justice within this Province who shall not be nominated, summoned and qualified, as is hereinafter directed; that is to say, The Justices of the Inferior Courts within the District of each respective Superior Court in this Province, shall and they are hereby directed, before the sitting of any Superior Court, to nominate Twenty Four Freeholders, to serve as grand Jurymen, and Twenty Four Freeholders to serve as Petit Jurors, at such Superior Court except the Justices of the Inferior Courts within the district of Salisbury who are hereby required to nominate twenty four Freeholders to serve as Grand Jurymen, and only Twelve Freeholders to serve as Petit Jurors at the Superior Court of the said District.

III. Provided always, That no Inferior Court shall, knowingly, nominate any Person to serve as a Grand or Petit Juror, at Two Courts Successively; nor any Person to serve on the Petit Jury, who shall have an Action or Suit to be tried in the Superior Court at the Term to which he shall be so nominated.

IV. And be it further Enacted, That the Number of Freeholders to be nominated for each County to serve as Jurors as aforesaid, shall be proportioned as follows, to-wit: New Hanover County, Sixteen; Bladen County, Ten; Onslow County, Eight; Duplin County, Eight; and Cumberland County Six for the District of Wilmington. Craven County, Eighteen; Carteret County, Four; Beaufort County, Six; Hyde County, Four; Dobbs County, Ten; and Pitt County, Six for the District of New Bern. Northampton County Ten; Halifax County, Twelve; Granville County, Eight; Orange County, Six; Edgecomb County, Eight; and Johnston County, Four; for the District of Halifax. Chowan County, Ten; Perquimons County, Six; Pasquotank County, Eight; Currituck County, Four; Tyrrell County, Six; Bertie County, Eight; and Hertford County, six, for the District of Edenton. Rowan County, Twenty Two; and Anson County Fourteen, for the District of Salisbury. A list of which Jurors so nominated, shall be delivered by the Clerk of each Inferior Court of Pleas and Quarter Sessions to the Sheriff, who shall, and is hereby required, to summon the Persons so nominated to serve as Jurymen at the Superior Court; And if any Juryman so summoned shall fail to appear, he

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shall be fined Three Pounds Proclamation Money, unless he can shew sufficient Cause to the next Court to excuse his Non-appearance; which Fine shall be applied to the Payment of such Jurors as shall attend from the said County, and thereby lessen the County Tax.

V. Provided always, That if the said Inferior Court of Pleas and Quarter Sessions shall fail or neglect to nominate Freeholders, to serve as Grand and Petit Jurors as aforesaid, or the Persons so nominated shall fail to attend, it shall and may be Lawful for such Superior Court to order and direct the Sheriff to summon other Freeholders of the Bystanders, to serve as Jurymen, for either Grand or Petit Juries; and the Persons so summoned, shall be deemed and held as lawful Jurymen; provided that such Bystanders as shall be summoned to serve the Petit Jury shall and may every Day, be discharged; and the succeeding Day, and so from Day to Day, during the Continuance of the Court, the Sheriff shall Summons, of the Bystanders, so many as shall be necessary; And every Person so summoned of the Bystanders who shall not appear and serve as a Juryman, shall be Fined the Sum of Three Pounds, unless he can shew sufficient Cause, to be admited by the Court, to be applied as before directed.

VI. And that the Fines aforesaid may be applied according to the Directions of this Act; Be it Enacted by the Authority aforesaid, That the Fines herein imposed shall be levied by the Sheriffs of each respective County wherein each Person shall reside, who shall be summoned as a Juryman as is herein directed, and shall fail to appear and serve as such, and such Sheriff shall be accountable for the same to the Inferior Court of his County.

VII. And be it further Enacted by the Authority aforesaid, That the Sheriff of each respective County shall, and he is hereby required, to summon the Freeholders in the List to be delivered him by the Clerk of the Inferior Court of his County, at least Ten Days before the sitting of the Superior Court at which such Freeholders are to attend as Jurors, which he may do personally, or by leaving a Note or Summons in Writing, at the Dwelling House of such Freeholder so to be nominated as aforesaid.

VIII. And be it further Enacted, by the Authority aforesaid, That the Clerk of each Superior Court shall, every Day during the Continuance of such Court, write the Names of all Petit Jurors appearing, on Scrolls or pieces of Paper, which shall be put into a Box; and on every Issue in every Suit, when it is not otherwise agreed by Consent, a Child under Ten Years old, in open Court, shall draw out of the said Box, Twelve of the said Scrolls or pieces of Paper; and the Persons whose Names shall be on the said Scrolls or Pieces of Paper drawn as aforesaid, shall be the Jurors to try such issue; provided that they shall all appear; and in Case of Defaulters, other Scrolls shall be drawn, till a sufficient Number shall appear to make a compleat Jury.

IX. Provided also, That if any of the Jurors whose Names shall be drawn as is hereinbefore directed, shall be lawfully challenged, other Scrolls shall be drawn in Manner aforesaid, as Occasion may require, till a compleat Number of Jurors shall appear.

X. And whereas the attending the Superior Courts will be very expensive to Jurors; For Remedy whereof, Be it Enacted by the Authority aforesaid, That each and every Juror who shall attend either of the Superior Courts, to which he shall be nominated as aforesaid, and summoned in Virtue of this Act, upon producing a Certificate from the Clerk of the Superior Court of the Time of his Attendance, to the Inferior Court of the County where he resides, shall have and receive Three Shillings Proclamation Money, for

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every Day he shall travel and attend as aforesaid; and an allowance for his Ferriages, if certified as aforesaid, to be paid out of the County Tax.

XI. And be it further Enacted by the Authority aforesaid, That the Sheriff of each respective County of this Province shall Five Days at least before the Sitting of each respective Inferior Court, to be held after the passing of this Act, summon Twenty Four Freeholders to serve on the Grand Jury, and Twelve Freeholders to serve on the Petit Jury, to attend at such Courts respectively; which said Jurors shall appear and give their attendance accordingly till discharged by the Court; And that there may not be a Default of Jurors, it shall and may be lawful, during the Sitting of the Inferior Court, for the Sheriff by order of the said Court, to summon of the Bystanders, other Jurors to serve on the Petit Jury, from Day to Day, and on any Day of the said Court, the Justice may discharge those who have served the preceding Day.

XII. And to enforce the Attendance of Jurymen at the said Inferior Courts, Be it Enacted by the Authority aforesaid, That every Person who shall hereafter be summoned in Virtue of this Act to appear, either as a Grand or Petit Juryman at any Inferior Court, and shall fail to appear or give his Attendance till discharged, by Order of the Court, shall be fined Forty Shillings by the Justices of the Inferior Court; to be applied Towards defraying the Charges of the County, and lessening the County Tax unless he shall shew sufficient Cause to the next succeeding Court for such Failure.

XIII. And be it further Enacted, by the Authority aforesaid, That this Act shall continue and be in Force for and during the Space of Two Years, from and after the First Day of January next, and from thence to the End of the next Session of Assembly, and no longer.

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

I. Whereas the greatest Part of the Estates in this Province belonging to Orphans are of so inconsiderable Value that an application to the Court of Chancery, in many Instances, will occasion an Expence, which the Profits of them are not sufficient to defray; and it having been found by experience that the Court of each respective County, exercising the Power of regulating the Education of Orphans, and the Management of their Estates, have proved of singular Service to them;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That where any Person hath, or shall have any Child or Children under the Age of Twenty-One Years and not married, it shall and may be lawful to and for the Father of such Child or Children, whether born at the Time of his Death, or in Ventre famere, or whether such Father be within the Age of Twenty One Years, or of full age, by Deed executed in his Lifetime, or by his last Will and Testament in Writing, in such Manner, and from Time to Time, as he shall think Fit, to dispose of the Custody and Tuition of such Child or Children for and during such Time as he, she, or they shall remain under the Age of Twenty-One Years, or for any less Time, to any Person or Persons other than the People called Quakers and Popish Recusants; and every such Disposition heretofore made, or hereafter to be made, shall be good and effectual against all and every Person and Persons claiming the Custody and Tuition of such Child or Children

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as Guardian, in soccage or otherwise; and the Person or Persons to whom such Custody and Tuition hath been, or shall be so Disposed or devised shall and may maintain an Action of Ravishment of Ward or Trespass against any Person or Persons who shall wrongfully take away or detain any such child or Children, for the Recovery of such Child or Children, and shall and may recover Damages for the same in the said Action, with Cost, for the Benefit of such Child or Children.

III. Provided nevertheless, That nothing in this Act contained shall be construed to hinder any of the People commonly called Quakers to make such Disposition, or to hinder the Superior or Inferior Courts from committing the Guardianship and Custody of their Children to the People of that Persuasion; and that every Person or Persons to whom such Tuition and Custody hath been, or shall be so disposed or devised as aforesaid shall and may take into his or their Possession, for the Use of such Child or Children the Profits of all Land, Tenements and Hereditaments; and also the Slaves, Goods and Chattels, and Personal Estate of such Child or Children; and may bring such Action or Actions in Relation thereunto, as by Law a Guardian in common Soccage might do.

IV. Provided always, That nothing hereinbefore contained shall extend to discharge any Apprentice from his Apprenticeship; and the Superior Court of the District, or the Inferior Court of Pleas and Quarter Sessions of the County wherein such Guardian shall reside, respectively, upon complaint to them made of such Guardian abusing the Trust reposed in him, by misusing the Child or Children so commited to his Tuition as aforesaid, in being about, or intending to marry such child or children in Disparagement, neglecting the Care of their Education suitable to their Estate, or wasting, converting to his own use, or otherwise mismanaging such Estate, to make and establish, from Time to Time, such Rules and Orders for placing such Child or Children under the Care and Tuition of any other Person or Persons, securing the Estate, and for the better Education and Usage of such Child or Children, as they, in their Discretion, shall Judge meet and necessary.

V. And be it further Enacted, by the Authority aforesaid, that the Superior Courts and Inferior Courts of Pleas and Quarter Sessions of this Province, within their respective Jurisdictions, have, and shall have full Power and Authority, from Time to Time, to take Cognizance of all Matters, concerning Orphans and their Estates, and to appoint Guardians in such Cases where to them it shall appear necessary; and shall take good Security of all Guardians by them to be appointed for the Estate of the Orphans by them committed; And if any Court shall commit an Orphan's Estate to the Charge or Guardianship of any Person or Persons without taking good and Sufficient Security for the same, the Justice or Justices appointing such Guardian shall be liable for all Loss and Damages sustained by the Orphan for want of such Security being taken; to be recovered by Action, at the Common Law, in any Court of Record in which the same is cognizable, at the Suit of the Party grieved.

VI. Provided always, That where the Securities were good at the Time of their being taken or accepted, but afterwards became insolvent, in such Case the Justice or Justices shall not be liable.

VII. And be it further Enacted, That the Bond to be given by any Person or Persons appointed Guardian as aforesaid, shall be made payable to the Justice or Justices present in Court and granting such Guardianship, the Survivors or Survivor of them, their Executors or Administrators, in Trust, for the Benefit of the child or Children committed to the Tuition and Care of such Guardian; which Bond such Court shall cause to be acknowledged before

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them and recorded; and that in the Name of the Justice or Justices to whom the said Bond is made payable, the Survivor or Survivors of them, their Executors or Administrators, any Person or Persons injured, may and shall, at his, her or their Costs and Charges, commence and prosecute a Suit against such Guardian and his Securities, Executors or Administrators; and shall and may recover all Damages which he, she, or they have sustained by Reason of the Breach of the Condition thereof.

VIII. Provided always, That if any Verdict or Judgment shall pass for such Guardian or his Securities, the Person at whose Instance such Suit shall be commenced or prosecuted, shall pay Costs.

IX. And be it further Enacted, by the Authority aforesaid, That when a Guardian shall be appointed to an Orphan by any Superior or Inferior Court, such Guardian shall, at the next Court after his appointment, exhibit an Account, upon Oath, of all the Estates of such Orphan which he or she shall have received into his or her Hands or Possession; and every Guardian heretofore, or hereafter to be by any such Court appointed, shall annually exhibit his Account, and State of the Profits and Disbursements of the Estate of such Orphan upon Oath; and such Account so to be exhibited, shall be entered by the Clerk in Particular Books to be provided and kept for that Purpose only; And when the said Courts shall know or be informed that any Guardian or Guardians by them respectively appointed, do waste or convert the Money or Estate of any Orphan to his or their own Use, or do in any Manner Mismanage the same, is about, or intends to marry him or her in Disparagement, or neglects to educate or maintain any Orphan according to his or her Degree and Circumstances, or where any such Guardian or his Securities are likely to become Insolvent; such Court shall have Power, from Time to Time, to make and establish such Rules and Orders for the better Ordering, managing, and Securing such Estate, and for the better Education of, and Maintaining such Orphans, or to appoint another Guardian, as they shall think Fit and Convenient.

X. And be it further Enacted, That every Guardian, Executors or Administrators, as soon as conveniently the same may be done, shall, by Order of the Superior or Inferior Court of Pleas and Quarter Sessions, cause the Sheriff to sell and dispose of all the Goods and Chattels of his or her Ward as are or may be liable to perish, consume, or be the Worse by using or keeping (except in the Instances hereafter mentioned) for the most that can be got for the same, by public Sale, having first advertised the same at all Public Places within the County at least Twenty Days before the Day of Sale, in reasonable Lots, and shall for enhancing the Price thereof, give Six Months' Credit, upon good Security given, for which service the Sheriff shall be allowed by the Court, so as such allowance does not exceed Two and a half per cent. and such Guardian after the Time of such Payment is passed, shall take and pursue all Lawful Ways and Means to receive and recover the Money, upon Pain of being answerable for the same; and if the same cannot be received before the Orphan intitled to receive such Money shall have a Right to Demand it, or such Guardian shall be removed from his Guardianship, he or she shall and may assign such Bond to such Orphan, and such Assignment shall discharge such Guardian for so much against him, her, or them; And where the Profits of any Orphan's Estate shall be more than sufficient to maintain and educate him or her, the Guardian of such Orphan shall lend the Surplus, and all other sums of Money in his Hands belonging to such Orphans, upon Bond, with good and sufficient Securities, to be approved of by the next succeeding Court and to be repaid with Interest; which Interest such Guardian shall account

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for annually; and where the Person or Persons to whom such Money, shall be lent, or their securities, are likely to become insolvent, such Guardian shall use all lawful Means to enforce the Payment thereof, on Pain of being liable for the same as aforesaid; and an Assignment of such last mentioned Bond in either of the afore mentioned Cases, shall discharge such Guardian for so much as is specified in the Condition thereof.

XI. And be it further Enacted, That where any Orphan shall have Lands and a sufficient Number of Slaves to cultivate and Improve the same, such Slaves unless ordered by the Superior and Inferior Courts, shall be employed on the Lands and Plantations of such Orphan; and all Horses, Cattle, Sheep, or Hogs shall be kept upon such Lands and Plantations until such Orphan comes of Age; and he or she shall have the Benefit of the Increase, and shall sustain the Loss, if any shall happen.

XII. Provided nevertheless, That if any such Stock grow too numerous, or if it will be to the Advantage of such Orphan, his or her Guardian shall and may sell, by order of the Superior or Inferior Court, such Part of such Stock as such Court shall think Fit; and all Plate shall be preserved and delivered to such Orphan when at Age, in kind, according to weight and Quantity.

XIII. And be it further Enacted, That no Guardian shall let or farm out any Land belonging to any Orphan for a longer Term than the Orphan be of age, or in other Manner than by Lease, in writing; and that Special Care be had that the Tenant shall improve the Plantation; and that he or she keep the Houses, Orchards and Fences thereon, or that shall be erected on the same, in good and sufficient repair, and leave the same so at the expiration of such Lease; and that provision be made in such Lease for preventing all kind of Waste, and employing any Timber to any other Use than the Immediate Use of the Plantation.

XIV. And be it further Enacted, That if the Guardian of any Orphan shall suffer his or her Lands to lapse or become forfeited for Non-Payment of Quit Rents, such Guardian shall be liable to answer the full value of the lands so forfeited unto such Orphan at his or her coming of Age; And if it shall so happen that any Orphan shall not have slaves, to cultivate his or her lands and the Guardian of such Orphan cannot Rent the same for sufficient to pay and discharge the Quit Rents thereof, and there shall not be Personal Estate sufficient for that Purpose, it shall and may be lawful for such Guardian, with the Consent and approbation of the Superior or Inferior Court, annually, to sell or dispose of, or use so much of the Light-Wood, to box so many Pine Trees, or to sell so much of the Timber on the same, as shall raise sufficient to pay and satisfy the Quit Rents thereof, and no more.

XV. And be it further Enacted, by the Authority aforesaid, That the Justices of every Inferior Court of Pleas and Quarter Sessions in this Province, respectively, shall on the First Day of the Court that shall be held next after the First Day of January in every Year, hold an Orphan's Court for the Purpose aforesaid; and every Person heretofore appointed or that shall hereafter be appointed Guardian to any Orphan by any Court, or by Deed or Will as aforesaid, shall exhibit such Account as aforesaid, and the Justices of every Court shall, at the same Court, examine into all Accounts of Guardians so to be exhibited to them, and shall direct a Summons to issue, returnable to their Next Court, against all Guardians who shall then fail to appear and render such Account, whether such Guardian be resident in the same or any other County, and shall then also Enquire into the abuses and Mismanagement of Guardians; and whether They or their Securities are likely to become Insolvent, and thereupon to proceed according to the Power

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in this Act before given; and if any such Guardian shall wilfully neglect, after being Summoned as aforesaid, to appear or obstinately refuse to exhibit such Account, it shall and may be lawful for the Court to issue an Attachment for such Contempt, and to commit such Guardian until he or she shall exhibit such Account.

XVI. Provided always, That nothing hereinbefore contained shall be construed to restrain the Power of the Inferior Courts of Pleas and Quarter Sessions in enquiring, as often as they shall think Proper, into the Abuses and Mismanagement of Guardians; but that it shall be lawful for them to execute such Power at any Time or Times when to them it shall appear necessary, anything in this Act contained to the contrary, notwithstanding.

XVII. And be it further Enacted, That the Grand Jury of every County in this Province shall, annually, at the Orphan's Court to be holden for their Counties, respectively, be charged with, and present to the Justices thereof, in Writing, the Names of all Orphan Children within their Parish, that they shall know have not Guardians appointed them, and are not bound out to some Trade or Employment; and all Abuses, Mismanagements and neglect of such Guardians as live within their County.

XVIII. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for every Guardian to Charge in his Account all reasonable Disbursements and Expences; and if, upon rendering such Account, it shall appear to the Court that such Guardian hath, really and bona fide, disbursed more in one Year than the Profits of the Orphan's Estate do amount unto, for the Education and Maintenance of such Orphan, such Guardian shall be allowed and paid for the same out of the Profits of such Orphan's Estate in any other Year.

XIX. Provided always, That such Disbursements be, in the Opinion of such Court, suitable to the Degree and Circumstances of the Estate of such Orphan; and that where such Estate shall be of so small Value that no Person will educate and Maintain him or her for the Profits thereof, such Orphan shall, by Direction of the Court, be bound Apprentice; every Male to some Tradesman, Merchant, Mariner, or other Person approved by the Court, until he shall attain to the Age of Twenty-One Years; and every Female to some suitable Employment, till her age of Eighteen Years; and also such Court may, in like Manner, bind Apprentice and all free base born Children; and every such Female Child being a Mulatto or Mustee, until she shall attain the Age of Twenty One Years; And the Master or Mistress of every such Apprentice, shall find and provide for him or her Diet, Clothes, Lodging, Accommodations, fit and necessary; and shall teach or cause him or her to be taught, to read and Write; and at the Expiration of his or her Apprenticeship, shall pay every such Apprentice the like Allowance as is by law appointed, for Servants by Indenture or Custom; and on Refusal, shall be compelled thereto, in like Manner; and if upon Complaint made to the Inferior Court of Pleas and Quarter Sessions, it shall appear that any such Apprentice is ill-used, or not taught the Trade, Profession, or Employment to which he or she was bound, it shall be lawful for such Court to remove and bind him or her to such other Person or Persons as they shall think fit.

XX. And be it further Enacted, That the Binding of Such Apprentice by Order of Court as aforesaid, shall be by Indenture, made in the Name of the Presiding Acting Justice of the Court, and his Successors, of the One Part, and of the Master or Mistress to whom he or she shall be bound, of the other which Indenture shall be acknowledged or proved before such Court, and recorded, and a Counterpart thereof shall remain and be kept in the Clerk's

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Office for the Benefit of such Apprentice; and that any Person or Persons injured may and shall, at his or her Costs and Charges, prosecute a Suit thereon in the Name of such Justice, or his Successors, and recover all Damages which he or she may have sustained by Reason of the Breach of the Covenants therein contained; and if any Verdict or Judgment shall pass for such Master or Mistress, he or she shall recover Costs.

XXI. And be it further Enacted, by the Authority aforesaid, That where any Person who now is, or hereafter shall be Security for the Estate of any Orphan, shall conceive himself in danger by Reason thereof, and Petition the Court where such Security was entered into for Relief, it shall be lawful for such Court, upon Petition to them exhibited, forthwith to order Summons to Issue, against the Party or Parties with and for whom the Petitioner stands bound, returnable to the next Court; and thereupon to compel such Party or Parties to give sufficient other or Counter Securities, to be approved by the said Court, or to deliver up the said Estate to the said Petitioner, or such other Person as the Court shall direct; or they may, and are hereby impowered, to make such other Order or Rule therein for the Relief of the Petitioner, and better securing such Orphan's Estate, as to them shall appear just and equitable.

XXII. Provided always, That such Court shall take Good and Sufficient Security of the Person or Persons to whom such Estate shall be so Committed, in like manner, and under the like Penalty, as is by this Act required to be taken of Guardians appointed by the Court; and every such Person shall also exhibit his Account, and be subject to the Rules and Orders of the Court, in the same Manner, to all Intents and Purposes, as is hereinbefore required of Guardians, or they are made subject unto.

XXIII. And be it further Enacted, by the Authority aforesaid, That all Legacies, filial Portions, distributive Shares of Intestates' Estates, Sum or Sums of Money, or other Estate, due or owing from any Person appointed Guardian to any Orphan, or from any Executors or Administrators, or other Person whatsoever, shall and may be recovered by Petition to the Superior Courts of the Districts, or any Inferior Courts of Pleas and Quarter Sessions, Respect being had to the Jurisdiction of the said Court; and that in all Suits by Petition as aforesaid, and in the said Courts respectively, the following Rules and Methods shall be observed, to-wit, The Petitioner shall file his Petition in Court, upon exhibiting the same, and thereupon Summons shall be issued by the Clerk of Course; and that upon the Defendant's being served therewith, and with a Copy of the said Petition, he shall appear and put in his answer or Plea, upon Oath or Demur.

That upon an Answer, Plea, or Demurrer being filed as aforesaid, the Petitioner may move the Court to have the same set for Hearing, and immediately argued, and thereupon the Court shall proceed to hear and determine the same according as the Matter in Equity and Law shall appear to them, without regard to Form, or want of Form in the Petition, Process or Course of Proceedings.

That upon the Defendant's being served with a Summons, and a Copy of the Petition ten Days before the Court to which such Summons is returnable, and Oath made thereof, if he shall fail to appear and plead, answer or demur as aforesaid, the Petitioner's Petition shall be taken pro confesso, and the Matter thereof decreed accordingly, with Costs; unless on special Reasons shewn to, and approved of by the Court, Time shall be allowed such Defendant to file such Plea, Answer, or Demurrer.

That upon the Petitioner dismissing his Petition, or the same being Dismissed for want of Prosecution, he shall pay Costs.

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And if any Defendant shall appear on such Summons, and shall obstinately refuse to answer the Petition of the Petitioner, the same shall be taken pro confesso, and the Matter decreed as aforesaid.

Every Defendant shall be at Liberty to swear his Answer or Plea before any Justice.

That when a Plea or Demurrer shall be overruled, the Defendant shall file his Answer the same Court.

That when the Petitioner shall be minded to disprove the answer of the Defendant and support his Claim, he may reply.

Commissions to examine Witnesses may be awarded by the Court after Replication filed, the Party taking out such Commission, giving the Adverse Party Ten Days' Notice of the Time and Place of executing the same and that upon a Decree being made on any such Petition, it shall and may be lawful for the Court who shall make the same, to grant Execution against the Defendant's Body, Goods and Chattels, Lands and Tenements, for satisfying such Decree and Costs; Any Law, Usage, or Custom to the contrary notwithstanding.

XXIV. And be it further Enacted, by the Authority aforesaid, That when any Person shall conceive himself injured or aggrieved by Order or Sentence of any Inferior Court, in appointing a Guardian to any Orphan, or in removing any Orphan from the Care and Tuition of any Person who has been appointed such, or on Refusing to make such appointment or Removal as aforesaid, he may appeal from such Order or Sentence to the Court of Chancery of this Province, or to the Superior Court of the District, at his Option; and the Party praying such Appeal, shall file a Copy of the Proceedings of the Inferior Court therein with the Clerk of the Chancery, or Clerk of the Superior Court (as the Case may be) Fifteen Days before the Sitting of such Court, and thereupon it shall and may be lawful for the Court, to which such Appeal is made, to proceed to rehear the Matter, and either affirm or reverse, such Order or Sentence and thereupon to award Execution for all such Costs and Charges as shall be occasioned by such Appeal.

XXV. Provided nevertheless, That the Party praying for such Appeal, before the same shall be granted by the Inferior Court, shall enter into Bond, with sufficient Security, for prosecuting such Appeal with Effect; and the Payment of all such Costs and Charges as shall be awarded against him in Case he shall be cast in his said Appeal.

XXVI. Provided also, That nothing in this Act contained shall be construed to restrain or abridge the Power of the said Court of Chancery, in any Matter or Thing relating to Orphans or their Estates; but the said Court shall and may hold, use, exercise and enjoy, the same jurisdictions, Powers and Authorities therein, in as full and ample Manner, to all Intents and Purposes, as if this Act had never been made; any Thing herein contained to the contrary notwithstanding.

CHAPTER VI.
An Act for making Provision for an Orthodox Clergy.

I. Whereas making a reasonable and certain Provision for an Orthodox Clergy, may tend to encourage pious and learned Ministers of the Gospel to settle in the several Parishes in this Province;

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That every Minister, now or hereafter to be preferred to, or received into any Parish within this Province, as Incumbent thereof shall

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have and receive a Salary of One Hundred and Thirty Three Pounds Six Shillings and Eight Pence, Proclamation Money; to be paid by the Church Wardens on or before the last Day of June, Annually; And every Minister of a Parish may take and receive, for the Services hereinafter mentioned, the following Fees, to-wit:

For marrying, if by Licence, Twenty Shillings, if by Banns, Five Shillings.

For publishing Banns, and granting Certificate thereof, One Shilling and Six Pence.

For preaching a Funeral Sermon, if required, Forty Shillings Proclamation Money. And may demand and receive the said Perquisites, if he shall not refuse or neglect to do the said Services, although such Services shall be performed by any other Person.

III. And be it further Enacted, by the Authority aforesaid, That in every Parish of this Province, where a Glebe is not already purchased and appropriated, a Tract of Good arable Land, to contain Two Hundred Acres at least, shall be purchased by the Vestry, as a Glebe, for the Use of the Incncumbent of such Parish, for the Time Being, and his Successors, forever: and until such Glebe shall be purchased, and Buildings erected thereon, in Manner hereinafter Mentioned, the Minister of such Parish shall have and receive the Sum of Twenty Pounds Proclamation Money, Annually.

IV. And where a Mansion House, and convenient Out Houses are not already erected, for the Use of the Minister, it is hereby Enacted, That the Vestry of every such Parish are hereby authorized, impowered, and required to cause to be erected and built on such Glebe, one convenient Mansion-house, of Thirty Eight Feet in length, and Eighteen Feet in width, a Kitchen, Barn, Stable, Dairy, and Meat house, with such other conveniences as they shall think necessary.

V. And to the End that the Buildings already erected or hereafter to be erected upon every Glebe may be kept in good Condition; It is hereby further Enacted That the Minister of every Parish within this Province, shall during the Time of his being Incumbent of the Parish, keep and Maintain the Mansion House, the Out-Houses, and other conveniences erected, or to be erected on his Glebe, in tenantable Repair, and shall so leave the same at his Removal from his Parish, or Death, (Accidents by Fire or Tempests only excepted); And in Case any Minister shall fail so to do, such Minister, his Executors or Administrators, shall be liable to the Action of the Church Wardens of the Parish for the Time being; wherein the Value of such Repair shall be recovered, and Damages, with Costs of Suit; and the Damages so recovered, shall be applied and laid out in necessary Repairs upon the Glebe; And every Vestry of a Vacant Parish is hereby impowered and required, to put all the Buildings upon the Glebe of their Parish into such good and sufficient Repair, that they may be fit for the Reception of the succeeding Minister.

VI. Provided nevertheless, That any Vestry who shall Judge that the Minister has not, wilfully committed any Waste on his Glebe, shall make such necessary Repairs, at the Charge of the Parish, as they shall think proper.

VII. And be it further Enacted, by the Authority aforesaid, That the sole Right of Presentation of a Minister to every Parish within this Province, shall be and remain in the several Vestries thereof, where a Vacancy now is, or hereafter shall happen.

VIII. And be it further Enacted, by the Authority aforesaid, That where any Parish is, or shall become vacant by the Death or Removal of the Minister, or otherwise, the Vestry of such Parish shall have full Power to employ

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some neighboring Minister or proper Reader to officiate, until an Incumbent may be had, That Divine Service may not be neglected.

IX. Provided always, That no Vestry shall present as a Minister to their Parish, any Person who shall not first have a Certificate from the Bishop of London, that such Minister hath been duly ordained conformable to the Doctrine and Discipline of the Church of England, and is of a good Life and Conversation.

X. And be it further Enacted, by the Authority aforesaid, That if any Clergyman presented to any parochial Living within this Province, shall be guilty of any gross Crime or notorious Immorality, it shall be lawful for the Governor or Commander in Chief for the Time being, by and with the Advice of his Majesty's Council to remove and discharge the said Clergyman from serving the Cure of such Parish whereof he was incumbent; and such Removal and Discharge shall be deemed, held and taken to be of the same Force and Effect, as any Sentence of Deprivation in any Ecclesiatical or other Court whatsoever; any Law, Usage, or Custom to the contrary notwithstanding.

XI. And be it further Enacted by the Authority aforesaid, That all and every other Act or Acts, and every Clause and Article thereof, for so much as relates to any Matter or Thing within the Purview of this Act (except One Act of Assembly, intituled, An Act to confirm an Agreement made by the present Church Wardens and Vestry of Christ Church Parish, in Craven County, with the Reverend James Reed; and also one Act Intituled, An Act to confirm an Agreement made with the Church Wardens and Vestry of Edgecomb Parish, in Halifax County, with the Reverend Thomas Burgess) from henceforth, shall be repealed and made void.

CHAPTER VII.
An Act for the further continueing and amending an Act for appointing a Militia; and also to continue one other Act intituled, An Act to amend and continue an Act intituled, An Act for appointing a Militia.

I. Whereas an Act for appointing a Militia passed at Wilmington the Fourteenth Day of July, in the Year of our Lord One Thousand Seven Hundred and Sixty; and one other Act to amend and continue an Act For appointing a Militia, passed the Third Day of December, One Thousand Seven Hundred and Sixty, are near expiring; and it being necessary the said Acts should be amended and continued;

II. Be it Enacted by the Governor, Council, and Assembly and by the Authority of the same, That for the Future all Coroners and Constables in this Province, so long as they continue in Office, shall be exempt from inlisting themselves, and appearing at any Private or general Musters; any Thing in the before recited Acts to the contrary notwithstanding.

III. And be it further Enacted by the Authority aforesaid, That the above recited Acts, intituled, An Act for appointing a Militia, passed at Wilmington the Fourteenth Day of July, in the Year of our Lord One Thousand Seven Hundred and Sixty. And an Act intituled, An Act to amend and continue an Act for appointing a Militia, passed the Third Day of December, One Thousand Seven Hundred and Sixty; and each and every Clause and Article in them, respectively, shall be and continue in Force for and during the Space of One Year from and after the passing hereof, and from thence to the end of the next Session of Assembly, and no longer.

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CHAPTER VIII.
An Act appointing the Method of distributing Intestates Estates.

I. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same; That all and every Person and Persons to whom Administration on the Estate of any Person deceased shall hereafter be granted, shall distribute the Surplus of such Estate in Manner following; that is to say, One Third Part of the said Surplus to the Wife of the Intestate, and all the rest by equal Portions, to and amongst the Children; And in Case any of the Children be then Dead, other than such Child or Children (not being Heir at Law) who shall have any Estate by the settlement of the Intestate, or shall be advanced by the Intestate, in his Life time, by Portion or Portions, equal to the Share which shall by such Distribution be allotted to the other Children to whom such Distribution is to be made; and in Case any Child (other than the Heir at Law) who shall have any Estate by settlement from the said Intestate, or shall be advanced by the said Intestate in his Life time by Portions not equal to the share which will be due to the other Children by such Distribution as aforesaid, (such settlement or Advancement to be adjudged to the Value it was Worth at the Time of the Settlement or advancement); then so much of the Surplus of the Estate of such Intestate to be distributed to such Child or Children as shall have any Land by Settlement from the Intestate, or were advanced in the Life time of the Intestate as shall make the Estate of all the Children to be equal as near as can be estimated; but the Heir at Law, notwithstanding any Land that he shall have by descent, or otherwise from the Intestate, is to have an equal part in the Distribution with the rest of the Children, without any Consideration of the Value of the Land which he hath by Descent, or otherwise from the Intestate; And in Case there should be no Children nor any Legal Representatives of them, then, One Moiety of the said Estate to be allotted to the Wife of the Intestate; the Residue of the said Estate to be distributed equally to every of the next of Kin of the Intestate who are in equal Degree, and to those who legally represent them; provided that there be no Representatives admitted amongst Collaterals after Brothers and Sisters Children; and in case there be no wife, then all the said Estate to be distributed equally to and amongst the Children; and in case there be no Child then to the next of Kindred, in equal Degree, of, or unto the Intestate, and their Legal Representatives as aforesaid, and in no other Manner whatsoever; And if, after the Death of the Father, any of his Children shall die Intestate, without Wife or Children, in the Life time of the Mother, every Brother and Sister, and the Representatives of them, shall have an equal Share, with the Mother, of the Estate of the Child or Children so dying Intestate.

II. And be it further Enacted by the Authority aforesaid, That so much of an Act of Assembly, intituled, An Act concerning proving Wills, and granting Letters of Administration, and to prevent Frauds in the Management of Intestates Estates, as is within the Purview of this Act, is hereby repealed and made void.

CHAPTER IX.
An Act for the more easy recovery of Money due upon Promissory Notes, and to render such Notes negotiable.

I. Whereas promissory Notes are of great Utility, as well to Merchants as others, and there being no Method of recovering Money, specified in such

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Notes, by any Act of Assembly in Force in this Province; For Remedy whereof,

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all Notes signed by any Person or Persons, Body Politic or Corporate, or by the Servant or Agent of any Corporation, Banker, Merchant or Trader, who is, or shall be usually intrusted to sign such Promissory Notes for them, whereby such Person or Persons, Body Politic or corporate, or the Servant or Agent of any Corporation, Banker, Merchant or Trader, shall promise to pay any Person or Persons, Body Politic or Corporate, or the Servant or agent of any Corporation, Banker, Merchant, or Trader, or Order; The Money mentioned in such Note, shall be construed to be, by Virtue thereof, due and payable to such Person or Persons, Body Politic or Corporate, or the Servant or Agent of any Corporation, Banker, Merchant, or Trader, to whom the same is made Payable; and also, such Note payable to such Person or Persons, Body Politic or Corporate or the Servant or Agent of any Corporation, Banker, Merchant, or Trader, or Order, may be assignable over in like Manner as Inland Bills of Exchange are by Custom of Merchants in England: and the Person or Persons, Body Politic or Corporate, or the Servant or agent of any Corporation, Banker, Merchant, or Trader, to whom such Money is or shall be payable, may maintain an Action for the same, as they might upon such Bill of Exchange, and the Person or Persons, Body Politic or Corporate, or the Servant or Agent of any Corporation, Banker, Merchant, or Trader, to whom such note so payable to Order is assigned or Indorsed, may Maintain an Action against the Person or Persons Body Politic or Corporate, or the Servant or Agent of any Corporation, Banker, Merchant, or Trader, who signed, or shall sign such Note, or any who shall or have indorsed the same, as in Case of Inland Bills of Exchange, and recover Damages, and Costs of Suit; and in Case of Non-Suit, or a Verdict should pass against the Plaintiff, the Defendant shall recover Costs.

III. And be it further Enacted, by the Authority aforesaid, That all Judgments heretofore recovered in any Court of Law within this Province, on any such promissory Note or Notes, shall be good and valid, to all Intents and Purposes and shall not be reversed for any Matter or Cause relating to such note or notes, and all Actions heretofore commenced in any of the said Courts on any Promissory Note or Notes, and not already determined, shall be prosecuted, carried on, and Judgment thereupon had in like Manner as is drected for the Recovery of Money due upon Promissory Notes by an Act of Parliament made in the Third and Fourth Years of the Reign of her late Majesty Queen Anne, for making such Notes Negotiable.

IV. And be it further Enacted, by the Authority aforesaid, That when any Person or Persons shall, by Order in Writing, signed by his or their Proper Hand, direct the Payment of any Sum or Sums of Money, in the Hands or Possession of any other Person or Persons, to the Bearer, or any Person or Persons whatsoever the Money therein specified, shall by Virtue Thereof be due and payable to such Person or Persons to whom the same is drawn payable, and may be put in suit against the Person or Persons who shall draw the same, or against the Person or Persons on whom the same shall be drawn, after acceptance thereof by him or them to whom the same shall be made payable, and recover Damages.

V. Provided nevertheless, That no Person or Persons whatsoever, shall prosecute any suit against any Person or Persons, who shall give such Order, for the Money therein Mentioned, before the same shall have been first protested for Non-acceptance, and Notice given thereof to the Drawer,

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before such Suit shall be brought; and if any Suit shall be brought on any such Order before Notice, and Refusal to pay as aforesaid, the Plaintiff or Plaintiffs shall be Non-Suit, and pay Costs.

CHAPTER X.
An Act to amend An Act, intituled An Act for the Relief of Poor Debtors, as to the Imprisonment of their Persons; passed the Fourteenth Day of April, In the Year of Our Lord One Thousand Seven Hundred and Forty-nine.

I. Whereas by the before recited Act, the Court of the County where any such Debtor is imprisoned on Mesne Process, or Execution, or in the Vacation of such Court, any two Justices may, under the Rules and Directions therein mentioned, set at Liberty and Discharge any such Poor Debtor that hath not the Value of Forty Shillings Sterling Money, in any Worldly Substance; or that shall be minded to deliver up all his or her Effects to his or her Creditor on whose Suit any such Debtor is imprisoned; the said Creditor being first personally summoned to appear, to shew Cause, if any he or she hath, why such Debtor shall not have the benefit of the said Act; which Summons, some Times, cannot be served, by Reason of such Plaintiff or Creditor living or being out of the Province, which Disables such poor Debtor from having the Relief intended by said Act; For Remedy whereof,

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That where any such Plaintiff or Creditor lives or resides out of this Province, or is so removed that a Summons cannot be served on him or her, it shall and may be lawful for the Court from whence such Process Issued, to summons the Attorney of such Plaintiff or Creditor in the Room and Stead of such Plaintiff or Creditor, to shew Cause, if any he hath, why such Debtor should not be set at Liberty and discharged agreeable to the before recited Act; which said Summons shall be Executed at least Ten Days before the Sitting of the Court to which the same is made Returnable; and after so summoning such Attorney, the said Court are hereby directed to set at Liberty and Discharge such Poor Debtor agreeable to the before recited Act; any Thing herein contained to the contrary notwithstanding.

CHAPTER XI.
An Act to amend and further continue an Act, intituled An Act for facilitating the Navigation of Port Bath, Port Roanoke, and Port Beaufort; passed the Thirty-first Day of May, One Thousand Seven Hundred and Fifty Two, for Five Years.

I. Whereas the aforesaid Act having been found very beneficial to the Trade and Commerce of this Province, had continued, by one other Act passed the sixteenth Day of May, One Thousand Seven Hundred and Fifty seven, for Five Years Longer, and to the End of the next session; which said Five Years is now expired; and as the said Act is still found to be very necessary and of great Use to the Trade and Commerce as aforesaid, in every respect, excepting the Taxes laid on Vessels coming over Ocacock Bar, for putting up Beacons, staking and marking out the several Swatches and Channels therein mentioned; which Taxes are found too high and burthensome,

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as some of said Swatches and Channels are found unserviceable and unnecessary to stake out.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the before Recited Act, intituled, An Act, for facilitating the Navigation of Port Bath, Port Roanoke, and Port Beaufort, excepting such Part thereof as relate to the Taxes laid on vessels coming over Ocacock Bar, be and is hereby continued for the Term of One Year, from and after the passing of this Act, and to the End of the next Session of Assembly, and no longer; and in the Room and Stead of the Taxes laid in the before recited Act on all vessels coming into this Province over Ocacock Bar, the following Taxes shall, by every such Vessel, be paid, and no more; that is to say,

Every Vessel of Fifty Tons Burthen, or under, Six Shillings.

Every Vessel above Fifty Tons, and under One Hundred Tons, Twelve Shillings.

And every Vessel above One Hundred Tons, Twenty Shillings.

For setting up Beacons, Staking out the Swatch, Royal-Shoal, and Brant Island Shoal; and for staking out Pamlico and Matchapungo Rivers, the Channels leading thereto, and the several Navigable Creeks, and entering into the said Port of Bath, shall pay Six Shillings, towards Staking out the same. And for staking out Neuse and South Rivers, the Channels leading thereto, and the several navigable Creeks therein, every Vessel going to either said Rivers or Creeks, and Entering in Port Beaufort, shall pay six Shillings, towards staking out the same; Anything in the before recited Act to the contrary notwithstanding.

CHAPTER XII.
An Act for dividing the County of Anson, and other Purposes.

I. Whereas by Reason of the large Extent of the County of Anson, it is greatly inconvenient for the Inhabitants to attend the Court of the aforesaid County, General Musters, and other Public Duties by Law required;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and it is hereby Enacted, by the Authority of the Same, That from and after the First Day of February, the said County of Anson shall be, and is hereby divided into Two Distinct Counties, by a Line beginning at Lord Carteret's Line, Six Miles North East from Captain Charles Hart's plantation on Buffalo Creek, and to run from thence to the Mouth of Clear Creek which empties itself into Rocky River, below Captain Adam Alexander's; and from thence due South, to the Bounds of the Province of South Carolina; and that all that Part of the said County which lies to the Eastward of the said Dividing Line, shall be a distinct County, and remain and be called by the Name of Anson County; and that all that Part of the said County lying to the Westward of said Dividing Line, shall be thence forth one other Distinct County, and called by the Name of Mecklenburg.

III. And be it further Enacted, by the Authority aforesaid, That after the said First Day of February next, a Court for the said County of Anson shall be constantly held by the Justices thereof,

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at such Place as shall be laid off and agreed upon by the Commissioners herein after mentioned for directing and agreeing with Workmen, for Building the Public Buildings, for the said County of Anson, or the Majority of them, upon the Days and Times by Law appointed for that Purpose; and also, that a Court for the said County of Mecklenburg, shall constantly be held by the Justices thereof, at such Place as shall be laid off and agreed upon by the Commissioners herein after named, for the Directing and agreeing with Workmen for building the Public Buildings for the said County of Mecklenburg, upon the Third Tuesdays in January, April, July, and October, in every Year, as by the Laws of this Province is, or shall be provided, and by Commission, shall be directed, to the Justices of the said Counties, respectively.

IV. And be it further Enacted, by the Authority aforesaid, That nothing herein contained shall be construed to debar the Sheriff of the said County of Anson, as it now stands Undivided, to make Distress for any Levies, Fees, or other Duties, that shall be due from the Inhabitants of the said County on the said First Day of February, in the same Manner as he could or might have done by Law if the said County had remained undivided; and the said Levies, Fees and other Duties, shall be accounted for, in the same Manner as if this Act had never been made; any Thing herein contained to the contrary notwithstanding.

V. Provided always, That nothing herein contained shall be construed, deemed or taken, to alter or derogate, from the Right and Royal Prerogative of his Majesty, his Heirs or Successors, of granting Letters of Incorporation to the said County of Mecklenburg, and of ordering appointing, and directing the Election of Members to represent the same in Assembly, and granting Markets and Fairs to be kept and held in the said Counties, respectively; but that the said Right and Prerogative 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 whatsoever, as if this Act had never been made.

V. And be it further Enacted, by the Authority aforesaid, that One Act of Assembly, 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 all the Powers and Authorities therein, and every Clause and Article thereof, shall extend to the said County of Mecklenburg, and be in as full Force within the same, to all Intents and Purposes as if the said County had been particularly named in the said Act.

VII. And be it further Enacted, by the Authority aforesaid, That Anthony Hutchins, Stephen Jackson, Walter Gibson, James Hutchins, and Samuel French the Survivors or Survivor of them, be, and hereby appointed Commissioners, and impowered and directed to agree and contract with Workmen for erecting and building a Court-House, Prison and Stocks, for the Use of the said County of Anson; and that Robert Harris, Sen., Robert McClannahan, Richard Berry, Nathaniel Alexander, Abraham Alexander, John Frobock, and Thomas Polk, the Survivors or Survivor of them, be, and are hereby apointed Commissioners, and impowered and Directed to agree and contract with Workmen, for erecting and building a Court-House, Prison, Pillory, and Stocks, for the use of the said County of Mecklenburg.

VIII. And for reimbursing the said Commissioners the Money they shall expend in erecting the said Buildings; Be it further Enacted, by the Authority aforesaid, That a Poll Tax of Three Shillings, Proclamation Money, per Annum, shall be levied on each Taxable Person in the said Counties respectively, for Two Years next after the First Day of February next; and that all Persons in either of the said Counties, who shall neglect to pay the said Tax till after the Tenth Day of March, in each Year, shall thereafter be liable to the same Distress as for Non-payment of Public Taxes; and the Sheriff of each of the said Counties is hereby required and directed, on or before the Tenth Day of June, in the said Years respectively, to account

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for, and pay the Money so by him to be collected, to the Commissioners aforesaid, after deducting Six Per Cent, for his Trouble in collecting the same; that is to say, so much thereof, as shall be levied on the Taxable Persons of the County of Anson, to the aforesaid Anthony Hutchins, Stephen Jackson, Walter Gibson, James Hutchins, and Samuel French, the Survivors or Survivor of them; and such Part of the same as shall be levied on the Taxable Persons in the County of Mecklenburg, to the aforesaid Robert Harris, Sen., Robert McClannahan, Richard Berry, Nathaniel Alexander, Abraham Alexander, John Frobock, and Thomas Polk, the Survivors or Survivor of them; and Case of Failure or Neglect therein by the Sheriff, he shall be liable to the same Penalties, Restrictions, Process and Remedy, for enforcing the Payment thereof, as by Law may be had against Sheriffs who neglect or refuse to account for and pay public Taxes.

IX. Provided nevertheless, That if the Money so to be collected shall be more than sufficient to answer the Purposes aforesaid, the said Commissioners respectively shall account for, and pay the overplus thereof to the Justices of the Court of the County for which they are hereby appointed Commissioners; to be applied towards defraying the contingent Charges of such County.

X. And be it further Enacted, by the Authority aforesaid, That the Sheriff of the County of Anson, for the Time Being, after the said Tenth Day of June, shall account with, and pay to the Public Treasurer of the Southern District of this Province, all Public Taxes by him collected, under the like Rules and Restrictions, Pains, Penalties, Process and Remedy, as other Sheriffs are by Law subject to in like cases.

XI. And be it further Enacted, by the Authority aforesaid, That all Causes, Pleas, Writs, Actions, Suits, Plaints, Process, Precepts, Recognizances and other Matters and Things in the said Court of Anson depending, from and immediately after the First Day of February aforesaid, shall stand adjourned and continued from the present Court House of the said County to such Place as the Commissioners, or the Majority of them for the County of Anson aforesaid, shall so appoint, lay off, and agree upon; and all appearances and Returns of Process shall be made on the Day by Law appointed for Holding the said Court, to the Fourth Tuesday in April next; and all Suitors and Witnesses bound to appear thereat, in the same Manner as if the said Court had not been removed from the present Court House; and all subsequent Process which shall or may issue on any Action already commenced and not determined in the said Court of Anson, shall be directed to, and executed by the Sheriff of Anson County, to the Final Determination of such Causes; any Law, Usage, or Custom to the contrary notwithstanding.

XII. And be it further Enacted, by the Authority aforesaid, That after the said First Day of February, the County of Mecklenburg shall be continued and remain Part of the District of the Superior Court of Justice for the District of Salisbury; and the Justices of the said Inferior Court of Mecklenburg shall, and they are hereby directed, before every Superior Court held for the District aforesaid, to nominate and appoint Eleven Freeholders to serve as Grand and Petit Jurors at such Superior Court; A List of Which Jurors so nominated, shall be delivered by the Clerk of such Court to the Sheriff; who shall and is hereby required, to summons the Persons so nominated to serve as Jurymen at the said Superior Court; which Juryman so nominated shall have and receive the same allowance, and shall be under the same Rules, Fines, and Restrictions, as other Jurymen are in the respective Counties of this Province.

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XIII. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Inferior Court of Pleas and Quarter Sessions of the Counties of Rowan and Anson, for the Future, to nominate and appoint the following Number of Freeholders to serve as Grand and Petit Jurors, at the District of Salisbury aforesaid; that is to say Rowan Eighteen, and Anson Seven; any Law, Usage, or Custom to the contrary notwithstanding.

CHAPTER XIII.
An Act for establishing a Town on the Land of William Herritage, at a Place called Atkin's Banks, in Dobbs County.

(Printed in Private Acts, post.)

CHAPTER XIV.
An Act for establishing a Town on the Lands of John and William Russell, Minors, Sons of John Russell, deceased, on the West Side of the North-West Branch of Cape Fear River, near the Mouth of Cross Creek, by the Name of Campbellton, and other Purposes.

(Printed in Private Acts, post.)

CHAPTER XV.
An Act to lay a Tax on the Inhabitants of the several Counties of the District of Halifax Superior Court, to repair the Public Prison thereof, and other Purposes.

(Printed in Private Acts, post.)

CHAPTER XVI.
An Act to Impower Thomas Bonner, Jun., late Sheriff, to receive and Collect the Arrears of Taxes due in the Counties of Beaufort and Pitt, for the Year One Thousand Seven Hundred and Sixty.

(Printed in Private Acts, post.)

CHAPTER XVII.
An Act to establish a Public Road from the Court House in Currituck County, across the great Swamp, to the Bridge on North River, near the Indian Town.

(Printed in Private Acts, post.)

CHAPTER XVIII.
An Act for destroying Vermin in the County of Orange, and other Counties therein mentioned.

(Printed in Private Acts, post.)

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CHAPTER XIX.
An Act to enable the Commissioners of the Church of Edenton to discharge the Contract by them made with the Workmen employed in finishing the Inside of the said Church.

(Printed in Private Acts, post.)

CHAPTER XX.
An Act for enlarging the Time allowed for saving Lots in the Town of Hertford, and other Purposes.

(Printed in Private Acts, post.)

CHAPTER XXI.
An Act for altering the Method of working on the Roads, and appointing Public Ferries, within the Counties of Duplin, Cumberland, Rowan, and Anson.

(Printed in Private Acts, post.)

CHAPTER XXII.
An Act to apply the Money already levied on the Taxable Inhabitants of Currituck County, by Virtue of an Act, intituled, An Act to amend and Improve the Navigation from Currituck Inlet, through the District in Currituck County, to Albemarle Sound.

I. Whereas by the above recited Act, a considerable Sum of Money has been levied on the Taxable Inhabitants of Currituck County, for the amending the Navigation of Currituck Inlet, that remained still in the Hands of the Commissioners appointed in the said Act, which it is prayed may be applyed toward the alleviating the Taxes of the Inhabitants of the said County.

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the Vestry of Currituck Parish in the County of Currituck, shall have full Power and Authority to ask and demand of Joshua Campbell, John Woodhouse, and William Mackey, Commissioners in the said Act Mentioned, an Account of all the Sums of Money they the said Commissioners may have received of the several Sheriffs of the said County, and upon their faithfully accounting to receive the same:

And the said Vestry are hereby further impowered, if the said Commissioners shall refuse or Neglect to settle, account, and pay to them all such Sum or Sums of Money they may have received in Manner as aforesaid, or if the said Vestry shall have Cause to suspect the said Commissioners do tender a False Account to put the Bond of the said Commissioners entered into for the Performance of the Trust reposed in them, in Suit; and that all Sum or Sums of Money received of the said Commissioners by Virtue of this Act, either by their accounting and paying or by Force of an Execution or Executions, shall, by the said Vestry, be applied towards easing the Tax for purchasing a Glebe, or building a Church in the said County, and no other Purposes whatsoever.

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

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of the said Commissioners shall now be, or shall hereafter be chosen and appointed Vestrymen in the said Parish without having fully accounted agreeable to the Intent hereof, that then the remainder or other Vestrymen, by themselves and apart, shall and may demand an Account and Payment; and on refusal or Neglect thereof, may bring Suit or Suits against the Commissioners aforesaid, as well as those who may happen to be of the Vestry as the others who are not, and proceed to final Judgment or Judgments, and Execution or Executions; any Law, Usage, or Custom to the contrary notwithstanding.

CHAPTER XXIII.
An Act for increasing the Salaries of the Inspectors of Tobacco at the Ware house in the Town of Halifax.

(Printed in Private Acts, post.)

CHAPTER XXIV.
An Act to amend and further continue and Act, intituled, An Act to establish a Public Ferry from Newby's Point to Phelp's Point, whereon the Court House now stands, on Perquiman's River.

(Printed in Private Acts, post.)

CHAPTER XXV.
An Act to impower and direct the Commissioners of the Districts hereafter mentioned to lay out and make a Road through Regan's Swamp, in Bladen County, to the Court House in the said County.

(Printed in Private Acts, post.)

CHAPTER XXVI.
An Act to impower and direct the Commissioners of the District herein mentioned to lay out and make a Road from John Howard's Ferry on Black River, through Colley's Swamp to the North West River, in Bladen County.

(Printed in Private Acts, post.)

CHAPTER XXVII.
An Act to encourage Joseph Howell to build a Bridge over Tar River, at or near the Place called Howell's Ferry, at Tarborough in Edgecomb County.

I. Whereas a Bridge over Tar River, at or near the Place called Howell's Ferry, would be much for the Conveniency of all Travellers, and Joseph Howell being desirous of Building one there at his own Expence, on Condition of having the Benefit thereof for the Space of Twenty Five Years from the passing of this Act:

II. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That it shall and may be lawful for the said Joseph Howell, his Heirs or Assigns, to erect and build a good and substantial

-------------------- page 595 --------------------
Bridge over Tar River, near the Place where the main Road crosseth the said River, commonly called Howell's Ferry: And after building the said Bridge, as aforesaid it and may be lawful for the said Joseph Howell, his Heirs, Executors, Administrators, or Assigns, to keep a sufficient Gate thereon, and take and receive from all Persons that shall pass over the same the following Rates, that is to say: For every Man and Horse, Four Pence; For every two wheeled Carriage, drawn by one or Two Horses or Oxen, One Shilling and Four Pence; and for every Four Wheeled Carriage, Two Shillings, and for every Horse or Ox more, Four Pence each; and for every Head of neat Cattle, One Penny; and for every Twenty Hogs or Sheep, One Shilling; and so in Proportion for a greater or less Number of Hogs or Sheep, for and during the Space of Twenty-Five Years.

III. And be it Enacted, by the Authority aforesaid, That after the said Bridge is so built and compleated as aforesaid, it shall not be lawful, during the Time the said Bridge shall be kept in Repair, and fit for Travellers and Carriages to pass and repass over the same, for any Person whatsoever to keep any Ferry, build any Bridge, or set any Person or Persons, Cariage or Carriages, Cattle, Hogs or Sheep, over the said River, for Fee or Reward, within One Mile of the same, during the Time aforesaid, under the Penalty of Two Shillings, Proclamation Money, for each and every Offence; to be recovered before any Magistrate of the County of Edgecomb, to be applied to the use of the Proprietor of the Bridge built by the said Joseph Howell; and during the said Time the Right and Property of the said Bridge is hereby invested in the said Joseph Howell, his Heirs, Executors, Administrators, or Assigns.

IV. And be it Enacted by the Authority aforesaid, That when the above mentioned Bridge shall be Built, and the said Joseph Howell shall have received Toll by Force of this Act, and thereafter shall suffer or permit the said Bridge to Fail to Decay, or go out of Repair, that then and in every such Case, shall be subject to the Indictment of the Grand Jury of the said County, or the presentment of the Attorney General, or his Deputy; and if the said Joseph Howell shall thereupon be convicted, he shall for such Offence, be fined at the Discretion of the Court: And it is hereby declared to be the Intention of this Act, that the said Joseph Howell shall build, or fully compleat and finish the said Bridge, within the space of Two Years after the passing of this Act; and when the said Bridge shall be built, the aforesaid Joseph Howell, his Heirs, Executors, Administrators, or Assigns, shall at the Expiration of the Term aforesaid, leave the same in good Order and Condition, under the Penalty of Fifty Pounds; to be recovered by the Vestry and Churchwardens of St. Mary's Parish, by Action of Debt which Sum, if recovered, shall be applied towards the Contingent Charges of the said County.

CHAPTER XXVIII.
An Act to establish a Ferry from Solley's Point to Relf's Point, whereon the Court-House now Stands, on Pasquotank River.

(Printed in Private Acts, post.)

Signed by
ARTHUR DOBBS, ESQ., Governor.
James Hasell, President.
JOHN ASHE, Speaker.

Read Three times, and ratified in open Assembly, the 11th Day of December, 1762.