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Acts of the North Carolina General Assembly, 1764
North Carolina. General Assembly
February 03, 1764 - March 10, 1764
Volume 23, Pages 596-631

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LAWS OF NORTH CAROLINA, 1764.

At an Assembly, begun and held at Wilmington, the Thirtieth Day of January, in the Fifth 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 Four; Being the First Session of this present Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.
An Act for appointing a Militia.

I. Whereas a Militia may be necessary, for the Defence of this Province;

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all Freemen and Servants within this Province, between the Age of Sixteen and Sixty, shall compose the Militia thereof; and that the several Captains of the same, shall enroll the Names of all such Freemen and Servants of which their several Companies consist; and shall at their respective General Musters, return a Copy thereof to the Colonel of their respective Regiments, under the Penalty of Five Pounds, Proclamation Money; to be levied by a Warrant of Distress from the Colonel of the Regiment, directed to the Sheriff of the County to which the said Regiment shall belong; which Sheriff shall be paid, out of the said Penalty, the Sum of Ten Shillings; And in Case any Sheriff shall neglect or refuse to serve such Warrant, he shall forfeit and pay the Sum of Five Pounds to be recovered by Action of Debt, in any Court of Record, and be applied as herein after directed; which Copy so returned, shall, by every Colonel, be returned to the Governor or Commander in Chief for the Time being, under the like Penalty: And that all Persons after being so enrolled, who shall at any Time (unless rendered incapable by Sickness or other Accident) neglect or refuse, when called upon, to appear at such Times and Places where ordered by the Colonel or Commanding Officer, there to be trained, Mustered, and exercised in Arms, and be provided with a well fixed Gun, shall forfeit and pay, if at a Private Muster, Two Shillings and Six Pence, if at a General Muster Five Shillings; and shall also be provided with a Cartouch-box. Sword, Cutlass or Hanger, and have at least Nine Charges of Powder (made into Cartridges) and sizeable Bullets of Swan Shot, and Three Spare Flints, a Worm and Picker; under the Penalty, if at a Private Muster, the Sum of Two Shillings and Six Pence, if at a general Muster, Five Shillings; to be levied by a Warrant of Distress from the Captain of the Company, directed to the Sergeant of the same; who is hereby impowered to execute the said Warrant, and distrain for the said Fines or Penalties, in the same Manner as Sheriffs are impowered to distrain for Public Taxes, and shall make Return thereof to the Captain; which Sergeant shall deduct One Shilling and Four Pence for every Fine so levied; And in Case such Sergeant or Sergeants shall neglect or refuse to serve any Warrant or Warrants to him or them so directed, he or they for such Neglect or Refusal, shall be fined Twenty Shillings; to be recovered by a Warrant from the Captain, directed to any

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other Sergeant, under the same Penalty; to be accounted for and applied as other Fines in this Act directed.

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

IV. Provided also, That no Member of his Majesty's Council, no Member of the Assembly, no Minister of the Church of England, no Presbyterian Minister regularly called to any Congregation in this Province, no Justice of the Superior Courts, Secretary, Practising Attorney, no Man who has bore a military Commission as high as that of a Captain, or commissioned Officer who has served in the Army, no Justice of the Peace no Clerk of the Court of Justice, practicing Physician, Surgeon, School Master, having the Tuition of Ten Scholars, Ferryman, Overseer having the Care of Six Slaves, Inspectors, Public Millers, Coroners, Constables, Overseers of Public Roads, or Branch Pilots, so long as they continue in Office, shall be obliged to inlist themselves, or appear at such Musters.

V. Provided nevertheless, That in Case any such School Master or Overseer, having the Care of Six Slaves, shall be seen in the Muster Field on the Days of General or Private Musters, they shall be liable to a Fine of Forty Shillings; to be levied by a Warrant from the Colonel or Commanding Officer, and applied as other Fines in this Act directed.

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

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

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shall refuse to act in the Office he is appointed to, he shall forfeit and pay the Sum of Forty Shillings.

VIII. And be it further Enacted, by the Authority aforesaid, That in Case of any Insurrection within this Province, or Invasion, it shall and may be lawful for the Governor and Commander in Chief for the Time being of any Field Officer by him directed, to raise all or so many of the militia as shall be thought necessary for opposing such Insurrection or Invasion; and the Militia so raised, shall perform such Duty or Service as they shall be required to do by their Commanding Officer; and it is hereby required and directed, that the said Militia shall appear Furnished with Arms, Ammunition, and Accoutrements as aforesaid.

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

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

And on Tryal and Conviction, to punish the Offender according to Martial Law, as the Nature of the Offence may require, (Death excepted;) and for Want of such Number of Officers to compleat a Court-Martial, the Offender shall be put under a Guard until such Time as there are a sufficient Number to hold a Court-Martial as aforesaid.

X. And be it Enacted by the Authority aforesaid, That the private Men when on Duty and in the actual Service of their Country, shall be allowed Two Shillings per Day each, and Eight pence per Day to the Commanding Officer for victualling each Man.

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

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

XIII. And be it further Enacted by the Authority aforesaid, That if any Soldier shall, during the Time of Muster, resist his Commanding Officer, or

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refuse his lawful Commands, such Soldier shall be punished at the Discretion of his Officer, by being tied Neck and Heels, not exceeding Fifteen Minutes, piquetted, or ride the Wooden Horse; And if any Officer or Soldier shall refuse to carry such commands into Execution, he or they so offending shall forfeit and pay the Sum of Five Pounds; to be levied by a Warrant from any Field Officer in the Regiment, and applied as other Fines mentioned in this Act.

XIV. And be it further Enacted, by the Authority aforesaid, That if any Number of Men, not less than Thirty, nor exceeding Sixty, including Officers, belonging to any of the Regiments within this Province, shall desire to form themselves into a Troop of Horse, it shall and may be lawful for such Persons, by and with the Assent of the Colonel of the Regiment, to form themselves into a Troop, and give a List of their Names to the Colonel, who shall forthwith return the same, under his Hand and Seal, to the Governor or Commander in Chief of this Province for the Time Being; and it shall and may be lawful for the said Governor or Commander in Chief, to appoint and Commissionate a Captain, Lieutenant and Cornet, to the said Troop; and when the Commanding Officers of the said Troop are ready, and shall exercise the said Troop, and not before, the Persons so enrolled in the said Troop shall be, and are exempt from their Service in the Foot Companies; and the Officers and Men of the said Troop, shall be afterwards subject to muster as many Times, as well with Regard to Private Musters as to general Musters of the County, and under the same penalties as in and by this Act before directed for the Foot to Muster.

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

XVI. And be it further Enacted, by the Authority aforesaid, That the Colonels of each and every Regiment shall, once in every Year, cause a General Muster to be made of their respective Regiments at the Court House of their County; which if any of them shall fail or neglect to do, and fail to appear at such Musters, (Sicknes or Accident excepted) he or they so offending, shall forfeit and pay the Sum of Twenty Pounds; to be recovered by action of Debt, Bill, Plaint, or Information, in any Court of Record within this Province; one Half thereof to such Person who shall sue for the same, and the other Half to be applied as other Fines in this Act directed.

XVII. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Field Officers and Captains of every County or the Major Part of them, whereof the Colonel, Lieutenant Colonel, or Major, shall be one; and they are hereby required, to meet at the Court House of their respective Counties, on the Day next following the respective General Muster which shall be in their Counties, then and there to hold a Court-Martial; which said Court shall have full Power to enquire into the Age and abilities of all Persons Inlisted, and to exempt such as they shall judge incapable of Service; and of all Neglects and Omissions, as well by any Officers as Delinquents; and to hear and Determine all Appeals which shall be made to the Court from any Officer or Soldier who may think himself unjustly fined by his Captain; and to Order and Dispose of all Fines, in the First Place, for buying Drums, Colours, and other Necessaries for the Use of

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the Company from whence the same shall arise and afterwards for supplying the Militia with Arms; and the said Court is hereby directed and required to keep a Register of all their Proceedings, and for that Purpose to appoint a Clerk, and to allow him a reasonable Salary out of the Fines.

XVIII. And be it further Enacted by the Authority aforesaid, That the Court Martial of every County, shall have full Power, from Time to Time, to call the Sheriff or any other Person or Persons whatsoever to account on Oath; who shall pay to them the Monies in the Hands of him or them belonging to their respective Regiments, that have accrued, or shall or may become due by Virtue of this or any former Militia Act; And if any Sheriff or other Person shall refuse or neglect to appear, account, and pay as aforesaid, he shall forfeit and pay the Sum of Five Hundred Pounds to be recovered with Costs, by the Colonel of the Regiment to which such Money is or may become due, by Action of Debt or Information, in any Superior Court, and to be applied to the Use of the Regiment; And when any Suit shall be brought by the Colonel, and he shall happen to die, or be superceded before such Suit shall be determined, the same shall and may be carried on by the Succeeding Colonel in the Name of his Predecessor who brought such Suit; and the Death of the Colonel, or his being Displaced, shall not be pleaded in Abatement of such Suit, nor deemed Matter of Error; any Law or Usage to the Contrary notwithstanding.

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

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

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

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

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the other Half for the Use of the Parish wherein the Offence was committed.

XXIII. And be it further Enacted by the Authority aforesaid, That when it shall be thought quite requisite to swear any Person or Persons upon any Tryal before any Captain, about any Fines or Penalties in this Act directed, it shall and may be lawful for the said Captain to administer any such Oath.

XXIV. And be it further Enacted, by the Authority aforesaid, For the Encouragement for any Person or Persons who shall range and reconnoitre the Frontiers of this Province as Volunteers at his or their Own Expence; it shall and may be lawful for such Ranger or Rangers, in Case of an Indian War, or an Invasion of this Province by Indians, to kill or take Prisoner any Enemy Indian of what Nation soever; and on producing such Indian or Indians, his, her, or their Scalp or Scalps before any Two Justices of the Peace of this Province, that are most convenient to the Place where the said Indian or Indians shall be taken or Killed, and due Proof made thereof on Oath, of such Indian or Indians being taken or killed in this Province, and producing a Certificate thereof from the said Two Justices, together with the Indian or Indians' Scalps to the Assembly; such Person or Persons shall be intitled to Thirty Pounds, Proclamation Money, for each and every Captive or Scalp so taken and produced as aforesaid; to be paid out of the Public Treasury of this Province.

XXV. Provided nevertheless, That it shall not be lawful for any Party of Volunteers as aforesaid, to range or reconnoitre the Frontiers of this Province, without leave first had from the Colonel or Commanding Officer of the Regiment to which they belong, and under the Command of an Officer appointed by Warrant from such Colonel or Commanding Officer.

XXVI. And be it further Enacted, by the Authority aforesaid, That this Act shall be and continue in Force for and during Three Years, and no longer.

CHAPTER II.
An Act concerning Vestries.

I. Whereas making Provision for the Clergy, providing for the Poor, and the due Management of Parochial Affairs, require that a Vestry be established in each Parish in this Province, under proper Regulations:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the Freeholders of each Parish shall, and are hereby directed, to meet on the First Day of August next after the passing of this Act, and on Easter Monday, in the Year of our Lord One Thousand Seven Hundred and Sixty Seven, and on Easter Monday in every Third Year thereafter, at the Court House, or Place where the County Court is commonly held, or at the usual Place of electing Vestrymen, then and there to Choose and elect Twelve Freeholders to serve as Vestrymen, Which Vestrymen so chosen shall, by the Sheriff or his Deputy, be summoned, at least Ten Days before the Time appointed for such Meeting, to meet at the Church in each respective Parish; and where there is no Church, at the Court House or Place where the County Court is held, within Thirty Days next after such Choice, to be qualified according to the Directions of this Act; And if the Sheriff shall neglect or refuse to summon, or cause to be summoned, the Vestry as aforesaid, he shall forfeit and pay the Sum of Twenty Shillings, Proclamation Money, for each and every Vestryman summoned as aforesaid,

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to be levied and applied as hereinafter directed; and the said Sheriff shall be paid by the Parish the Sum of Two Shillings, Proclamation Money, for each Vestryman he shall so summon.

III. And that the Election may be made in a fair and open Manner, Be it Enacted, by the Authority aforesaid, That all Elections of Vestrymen hereafter to be made, the Sheriff of the County, or his Deputy, shall attend at the Court House of the County, or Place where the County Court is held, or usual Place of electing Vestrymen, and there to take the Votes in the following Manner, that is to say, He shall open the Poll at Ten of the Clock in the Forenoon, and after Proclamation to the Freeholders to come and give their Votes for Vestrymen, shall take a List of the Names of the Voters who shall give their Suffrages, which shall be for neither more nor less than Twelve; and the Votes shall be given Openly, and the Poll kept open till Sunset; and the Sheriffs shall then cast up the Number of Votes given for each Candidate, and declare the Twelve who shall have the greatest Number of Suffrages, to be duly elected; and in Case of an Equality of Votes among any of the Candidates, the Sheriff shall have the casting Vote, and in no other Case give his Vote.

IV. And to prevent Disputes concerning who shall be understood to be a Freeholder capable of voting for Vestrymen, Be it further Enacted, by the Authority aforesaid, That every Person in Actual Possession of an Estate real, for his own Life, or the Life of some other Person, or an Estate of greater Dignity, of Fifty Acres of Land, or a Lot in some Town, saved according to Law, in the Parish of which such Election shall be made, and no other Person whatsoever, shall be deemed a Freeholder within the Meaning of this Act; And any one of the Candidates may, in Case he suspects any Person going to give his Vote hath not a Freehold within the Meaning of this Act, object to such Person giving his vote, and require the Sheriff to tender him an Oath or Affirmation, concerning his Qualification; Which Oath or Affirmation the Sheriff is hereby impowered and directed to administer, in the following Words, to-wit:

You shall swear (or affirm) that you are in actual Possession of a Freehold of Fifty Acres of Land, in your Own Right, or the Right of some other Person; or a Lot in the Town of —— saved according to Law, in the Parish of —— and that you have not given your Vote before in this Election. So Help You God.

V. And be it further Enacted, That no Person under the Age of Twenty One Years shall be elected a Vestryman, or give his vote for the Election of Vestrymen in any Parish.

VI. And to enforce the attendance of the Freeholders at such Elections, Be it further Enacted by the Authority aforesaid, That every Person qualified to vote for vestrymen in their respective Parishes (the People called Quakers excepted) is hereby required to attend, and give his Vote at the Election of Vestrymen, in Manner hereinbefore directed, unless prevented by some bodily Infirmity, or legal Disability, under the Penalty of Twenty Shillings, Proclamation Money; to be recovered by a Warrant from any Justice of the Peace within the County, provided that such Penalty be sued for within Ten Days after the same be incurred; And in Case any Person shall think himself injured by any Order of such Justice of the Peace, he shall and may appeal therefrom to the next Inferior Court of his County, who are hereby directed and impowered to proceed and determine upon the same in a summary Manner.

VII. And be it further Enacted by the Authority aforesaid, That if any Person shall give his Vote at such Election of Vestrymen, who hath not been

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possessed, in his own Right, of a Freehold of Fifty Acres of Land, in Manner hereinbefore mentioned, or Lot, saved according to Law, in some Town in the Parish wherein he shall give his Vote, such Person shall Forfeit Five Pounds, Proclamation Money, to be recovered by Action of Debt or Information, in any Inferior Court of Pleas and Quarter Sessions; one Half to the Informer, and the other Half to the Use of the Parish wherein such Vote shall be given; and where such Action shall be brought, the Onus Probandi shall lie upon the Defendant.

VIII. And be it further Enacted, That the said Vestrymen so elected shall, at the First or Second Meeting of the Vestry next after such Election, take, before some Magistrate, and in Presence of the Vestry, the Oaths by Law appointed to be taken by Public Officers, and shall repeat and subscribe in the Vestry Book, the following Declaration, to-wit, I, A. B., will not oppose the Doctrine, Discipline, and Liturgy of the Church of England, as by Law established. And every Vestryman so elected and Qualified shall, to all Intents and Purposes, be deemed and taken to be the Vestrymen of the Respective Parishes for which they were elected, for Three Years next succeeding such Election.

IX. And be it further Enacted by the Authority aforesaid, That every Person chosen as a Vestryman in any Parish, and summoned as hereinbefore directed, refusing or neglecting to qualify agreeable to the Directions of this Act, if he be a Known Dissenter from the Church of England, shall forfeit and pay the Sum of Three Pounds Proclamation Money; to be recovered as other Fines in this Act directed.

X. And be it Enacted, by the Authority aforesaid, That every Person elected or Chosen a Vestryman according to this Act, who shall refuse or neglect to take the said Oaths, and to repeat and Subscribe the Test, and also to subscribe the Declaration as aforesaid, is hereby declared to be incapable of acting as a vestryman; and the other Persons chosen and qualified as aforesaid, shall elect and choose one or more Freeholder or Freeholders, instead of him or them so refusing or neglecting; and such Person or Persons so chosen by the Vestry shall, after being qualified in Manner aforesaid, be held to be a legal Vestryman or Vestrymen, to all Intents and Purposes.

XI. And be it further Enacted, That it shall and may be lawful for every Orthodox Minister inducted into any Parish within this Province, to vote and Act as one of the Vestry of his Parish; and he is hereby declared to have the same Power and Authority in the Vestry of the Parish for which he is a Minister, as any other Vestryman hath or ought to have.

XII. And be it further Enacted, by the Authority aforesaid, That the Vestry of each respective Parish, or a Majority of them, shall, and are hereby directed, within One Month after being Elected and qualified as aforesaid, to elect and Choose out of the said Vestry Two Persons to execute the Office of Church Wardens; and every vestry shall, and are hereby required at all Times thereafter, within Forty Days after Easter Monday, Yearly, to elect and Choose out of the Vestry Two Persons to Execute the said Office; and if the Persons elected Church Wardens as aforesaid by Virtue of this Act, or either of them, shall refuse to execute the said Office, he or they so refusing, shall forfeit and pay the sum of Forty Shillings Proclamation Money, to be recovered and applied as hereinafter directed; and in such Case the Vestry shall proceed to Choose, in the Room of him or them so refusing, another, or other Church Warden or Church Wardens, out of the said Vestrymen; Provided, That no Person whatsoever shall be obliged to serve as Church Warden in any Parish longer than One Year.

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XIII. Provided also, That no Member of his Majesty's Council shall be compelled to serve in the Office of Church Warden; any Thing herein contained to the contrary notwithstanding.

XIV. And be it further Enacted, by the Authority aforesaid, That the Church Wardens of every Parish shall purchase, at the expence of the same, well bound Books, for keeping therein a Journal and Minute of all the Proceedings of the Vestry; in which shall be fairly stated, Accounts of all such Money as they, from Time to time shall receive in Virtue of their Office, and all Disbursements made on Account of the Parish; and within Ninety Days after their Wardenship shall expire, cause the Clerk to set up, in the Court House of their County, on a Court Day, Copies of such Accounts, and continue the same during the sitting of the Court, for Inspection of the Parishioners; and every Church Warden or Clerk who shall fail so to do, shall forfeit and pay the sum of Five Pounds, Proclamation Money; to be recovered by Action of Debt or Information, in any Inferior Court of Pleas and Quarter Sessions; one Half to the Use of the Informer, and the other Half to the Use of the Parish, wherein such failure or neglect shall happen.

XV. And be it further Enacted, by the Authority aforesaid, That the Church Wardens, or in case they refuse or neglect, any Three of the Vestry in any Parish, shall have power and Authority to call a Vestry upon any Occasion which they shall Judge Necessary, by Summons under their Hands, directed to the Constables of the several Districts of Each Parish, who are hereby directed to execute the same, under the Penalty of Ten Shillings Proclamation Money for each Vestryman in such summons named that they shall fail to summon and every Vestryman who shall refuse or neglect to attend the Vestry agreeable to such Summons shall forfeit and pay the Sum of ten shillings Proclamation Money for every such neglect, unless he shall shew sufficient Cause for so doing, to be admitted by the Vestry at their next Meeting; which Penalties shall be recovered and applied as hereinafter directed.

XVI. And be it further Enacted, by the Authority aforesaid, That the Vestries of the several Parishes shall have full Power and Authority upon the death or Removal out of their respective Parishes of any Church Warden or Church Wardens, before the Time limited for executing the said Office is expired, to elect and Choose out of the Vestry another or other Church Wardens, in the Place of the Person or Persons so Dead or removed; and every Church Warden so elected shall serve until the Time appointed by this Act for election of Church Wardens, under the Penalty of Forty Shillings, Proclamation Money.

XVII. And be it further Enacted, by the Authority aforesaid, That every Agreement and Order by the Vestry of any Parish heretofore entered into or made, or which hereafter shall be made or entered into, for making Provision for a Minister to serve the Cure of the Parish supporting the poor, or defraying the contingent Charges thereof, shall be, and is hereby declared good and available against them and their Successors.

VXIII. And be it further Enacted, and be it enacted by the Authority aforesaid, That when any Vestryman shall hereafter happen to die, or remove out of the Parish for which he was Elected, the remaining Vestrymen, or the Majority of them, shall and are hereby directed and required, to elect another Vestryman instead of him so dying or removing, who shall qualify himself as is by this Act directed.

XIX. And be it further Enacted by the Authority aforesaid, That the Vestry of every Parish in this Province, shall hereafter be held at the

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Church, or Court House, or usual Place of holding the Court of the County any Usage or Custom to the contrary notwithstanding.

XX. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Vestries of each and every Parish within this Province to appoint one or more Clerk or Clerks as Readers, to perform Divine Service at such Places within their several Parishes as shall, by the respective Vestries be appointed and directed.

XXI. And be it further Enacted, by the Authority aforesaid, That the Vestry of each respective Parish shall have full Power and Authority, and are hereby directed and required, between Easter Monday and the First Day of November, yearly, to lay a Poll Tax on the Taxable Persons in their Parish, not exceeding Ten Shillings, for building Churches and Chappels, paying the Ministers Salary, purchasing a Glebe, erecting a Mansion, and convenient Out-houses thereon, encourageing Schools, maintaining the Poor paying Clerks and Readers, and defraying other incident Charges of their Parish; And if the Vestry of any Parish shall neglect or refuse to lay a sufficient Tax to satisfy the Minister, and other Creditors of the Parish; in in such Case, the Vestry so refusing or neglecting, shall be liable to the Action of the Party Grieved, his, her, or their Executors, or Administrators, for all Damages for which he, she or they shall sustain thereby.

XXII. And be it further Enacted, That the Incumbent of each and every Parish within this Province shall, at the Time of performing Divine Service, appear in the reading Desk and Pulpit, either in a Surplus or Gown, agreeable to the Rubrick of the Church of England.

XXIII. And be it further Enacted, by the Authority aforesaid, That no Vestryman hereafter shall be capable of holding or exercising the Office of Clerk of the Vestry; but the Vestry of every respective Parish shall appoint some other Person of Skill and Probity to officiate as Clerk.

XXIV. And for the better collecting and paying the said Tax; Be it further Enacted, by the Authority aforesaid, That every Sheriff in this Government shall be, and is hereby appointed Collector of all such Taxes as shall be assessed, by the Vestry or Vestries within his County; and within Forty Days after such Assessment, shall enter into Bond, with sufficient Securities, in the sum of Five Hundred Pounds, to the Church Wardens of the Parish or Parishes within his County, that he will duly collect such Taxes, and pay the same to the Vestry for the Use of the Parish; and every Sheriff who shall fail or neglect to give such Bond and Security, shall forfeit and pay the Sum of Twenty Pounds, Proclamation Money; to be recovered with Costs, by Action of Debt or Information, in any Court of Record, by the Church Wardens to whom such Bond and Security ought to have been given, to the Use of the Parish; And upon such Refusal or Neglect of the Sheriff, the Vestry shall, and are hereby required, to nominate and appoint some other Person to collect and receive the aforesaid Tax, who shall give Bond and Security to collect and pay the same in Manner aforesaid; And thereupon shall, and is hereby declared to have full power and Authority to collect and receive the same, under the like Rules and Regulations, as the Sheriff could or might have collected the said Taxes.

XXV. And be it further Enacted, by the Authority aforesaid, That if any Sheriff who hath undertaken the Collection of Parish Taxes as aforesaid, shall happen to be removed from his Office as Sheriff, or his Time of Service therein expire before he shall have compleated the same, his Power of collecting such Parish Taxes and making Distress for the same, shall continue as fully and amply as if he had not been removed, or his said Office of Sheriff had not expired; And where any such Sheriff or other Collector shall

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happen to die before he hath finished his Collection, the Vestry shall have full Power, and are hereby directed, to appoint the succeeding Sheriff, or another Collector, to finish the same; who having given Bond and security for the Discharge of his Office, shall be, and is hereby invested with the like Power and Authority for that Purpose, as the Sheriff or other Collector so dying had or might have exercised.

XXVI. And be it further Enacted, by the authority aforesaid, That if any Sheriff, or other Parish Collector, shall neglect or refuse to account for and pay the several Parish Taxes that have been, or hereafter shall be assessed on the Taxable Persons of the Parish whereof he is Collector, and wherewith he shall be chargeable, according to the Directions of this Act, after deducting the Commissions allowed him, and the several Sums chargeable to Persons who have no visible Estate in such Parish; it shall and may be lawful for the Superior Court of the District wherein such Sheriff or Collector shall live, either before, or at any Time after the Expiration of his said Office, on Motion of the Church Wardens to give Judgment against such Sheriff or Collector for all the Money wherewith he shall or may be chargeable to such Parish with Costs; and thereupon to award Execution against the Goods and Chattels, Lands and Tenements, of such Sheriff or Collector, Provided, That he have Ten Days' previous Notice of such Motion.

XXVII. And be it further Enacted, by the Authority aforesaid, That all such Taxes shall be collected and accounted for by the Sheriff or other Collector, on or before the Tenth Day of June in every Year; and the Sheriff or Collector shall be allowed Six per cent. for his Trouble for Collecting and paying the same; and is hereby declared to have full power and Authority, at any Time after the Tenth Day of March in every Year, upon Neglect or refusal of Payment of the said Tax or any Part thereof, by any Person chargeable therewith, to distrain the Goods and Chattels of the Persons so refusing or neglecting; And if the Owner thereof shall not pay what is Due within Five Days after such Distress is made, such Sheriff or Collector shall and may sell, by Auction the Goods so distrained, or so much thereof as shall be sufficient to satisfy the said Tax; and the Sum of Two Shillings and Eight Pence, Proclamation Money, for making such Distress, and Charges on the sale thereof, returning the overplus to the Owner (if any); but shall give Notice of the sale, by setting up an Advertisement in Writing, at the Court House of the County, the Church Door in the Parish, or at the most Public Place of Worship where there is no Church; and by publishing the same among the People immediately after Divine Service, on the next Sunday after the Expiration of the said Five Days; which Sale shall not be in less than Three Days, nor more than Ten Days after Notice so given; and shall be good and effectual in Law against all Persons whatsoever.

XXVIII. Provided always, That no Sheriff or other Officer shall, at any Time, make or take unreasonable Distress, or seize the Slave or Slaves of any Person for Parish Taxes, if other sufficient Distress shall be shewn to such Sheriff or Collector by the Person on whom such Distress is made; upon Penalty of being Liable to the Action of the Party Grieved, wherein he shall recover full Costs, altho the Damages recovered shall be under Forty Shillings.

XXIX. And be it further Enacted, by the Authority aforesaid, That the Vestry of every Parish shall have full Power, from Time to Time, to call any Justice of the Peace or other Person or Persons whatsoever, to account, on Oath, and pay to them the Monies in the Hands of him or them belonging to their Parish, or accrueing, or becoming due to the same by Virtue of the

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Laws of this Province; And if any Justice, or other Person, shall refuse or neglect to appear and account as aforesaid, he shall forfeit and pay the sum of Twenty Pounds, Proclamation Money; to be recovered with Costs, by Action of Debt or Information, in any Court of Record, and be applied to the Use of the Parish; and where any Suit shall be undetermined, the same shall or may be carried on by the succeeding Church Warden, in the Name of their Predecessors who brought such Suit; and the Death or Expiration of Office of the Church Warden or Church Wardens shall not be pleaded in abatement of such Suit, nor deemed Matter of Error; any Law or Usage to the contrary notwithstanding.

XXX. And be it further Enacted by the Authority aforesaid, That the several Forfeitures and Penalties by this Act inflicted, for which no Method of Recovery or application is hereinbefore directed, shall and may be recovered, with Costs, before any Jurisdiction having Cognizance thereof; one Half to the Use of the Informer, and the other Half to the Use of the Parish wherein such Penalty shall be incurred.

XXXI. And be it further Enacted by the Authority aforesaid, That if it shall so happen from badness of Weather, or any other unavoidable Hinderance, that an Election of Vestrymen for any Parish shall not be held upon any of the Days by this Act appointed for that Purpose, that in such Case the Sheriff shall appoint a Time, not less than Ten, nor Exceeding Twenty Days thereafter, for electing Vestrymen in every such Parish, and shall summons the Freeholders thereof to attend and elect Vestrymen in the Manner by this Act directed; and every such Election shall be as good and Valid as if made upon the particular Days herein appointed for that purpose; any Thing herein contained, to the contrary, notwithstanding.

XXXII. And be it further Enacted by the Authority aforesaid, That the Sheriff of every County within this Province, at the Court preceding every Election of Vestrymen, shall publicly read this Act at the Door of the Court House, on the Second Day of the Court, between the Hours of Twelve and One of the Clock; and also give Notice of such Election, by setting up an Advertisement in Writing at each Church and Chappel in the Parish, on some Sunday, at least Forty Days before the same; And every Sheriff failing so to do, forfeit and pay Ten Pounds, Proclamation Money; to be recovered with Costs, in any Inferior Court of Pleas and Quarter Sessions, by Action of Debt; one Half to the Use of the Parish wherein such Failure shall happen, and the other Half to him or them who shall sue for the same.

XXXIII. And be it further Enacted, by the Authority aforesaid, That this Act shall continue and be in Force, from and after the passing thereof, for and during the Term of Five Years.

CHAPTER III.
An Act to impower the Inferior Courts of the several Counties in this Province to order thB laying out of Public Roads, and establish and settle Ferries; and to appoint where Bridges shall be built, for the Use and Ease of the Inhabitants of this Province; and to clear navigable Rivers and Creeks.

I. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all Roads and Ferries, in the several Counties of this Province, that have been laid out or appointed by Virtue of any Act of Assembly heretofore made, or by Virtue of any Order of Court, are hereby

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declared to be Public Roads and Ferries; and that from Time to Time, and at all Times hereafter, the Inferior Court of the several Counties in this Province, shall have full power and Authority to appoint and settle Ferries; and to order the laying out Public Roads, where necessary; and to appoint where Bridges shall be made, for the Use and Ease of the Inhabitants of each County; and to discontinue such Roads as are now, or shall hereafter be made, as shall be found useless; and to alter Roads, so as to make them more useful, as often as Occasion shall require.

II. And be it further Enacted, by the Authority aforesaid, That each Inferior Court within this Province is hereby authorized and impowered to call any Person or Persons in their respective Counties to Account, for any Monies such Person or Persons may have in his or their Hands, by Virtue of any Distress heretofore made for Default of Working on any Road in such County; and all such Monies to receive and apply towards keeping in Repair the Roads and Bridges on which such Default was made.

III. And be it further Enacted, That all Roads hereafter to be laid out shall be laid out by a Jury of Twelve Men, appointed by the said Inferior Courts respectively; Which Jury, being Freeholders, shall take an Oath to lay out the same to the Greatest Ease and Conveniency of the Inhabitants, and as little as may be to the Prejudice of any Private Person or Persons inclosed Ground; and the Damages which shall be sustained by any Private Person in laying out such Road, shall be ascertained by the same Jury, on Oath, who laid out such Road, to be equally assessed by the Inferior Court of Such County, and levied and Collected by the Overseer of such Road on the taxable Persons which ought to work on the same, and by him paid to the Party Injured.

IV. And be it further Enacted, That if any Person or Persons after the passing this Act, not impowered to keep Ferry, shall pretend to keep any Ferry, or to transport any Person or Persons, or their Effects for pay, within Ten Miles of any Ferry (being on the same River or Water) which is already, or hereafter shall be appointed, such Person or Persons so pretending to Keep Ferry or transporting any Person or their Effects, shall forfeit and pay the Sum of Twenty Shillings, Proclamation Money, for every such Offence, to the nearest Ferryman; to be recovered by a Warrant from any Justice of the Peace, upon full Proof thereof made before him.

V. And be it further Enacted, That all such Persons who shall hereafter undertake to keep any Public Ferry by Appointment, and do not provide good and Sufficient Boats, or other proper Craft, and keep the same in good and sufficient Repair, and well and sufficiently attended for the Passage of all Travellers, and their Effects, shall forfeit and pay Ten Pounds Proclamation Money, for every Neglect; one Half to the Informer, and the other Half towards lessening the County Tax; to be recovered in the Inferior Court of the County where the Offence shall be committed.

VI. And be it further Enacted, That all Public Roads already laid, or now in Use, or which hereafter shall be laid out, shall be cleared of Sand, from all Trees, Stumps and Brush, at least Twenty Feet Wide; and such Limbs of Trees as may incommode Horsemen and Carriages, shall be cut away; all Bridges or causeways made, or to be made over Swamps, Lowlands or small Runs of Water, the pieces wherewith the same shall be made shall be laid across the Road, and be at least Fourteen Feet long, well secured, made fast, and covered with Earth; and all Bridges over Deep or navigable Streams shall be made at least Twelve Feet wide, with good sawed Plank, clear of sap, at least Two inches thick, with firm and strong Posts, Rails and Bearers, well secured and fastened; and for that Purpose,

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the Overseer of the Road to which any of the aforesaid Bridges shall belong, shall and may lawfully cut and take from off the lands of any Person next adjacent to such Bridge, such, and, so much Timber only, as shall be necessary for that Use.

VII. And be it further Enacted, That where a Bridge shall be necessary over any Place, where the Overseer, with his Assistants, cannot conveniently make it, the Inferior Court of that County wherein such Place shall be, is hereby impowered and required to contract and agree for the building, keeping and repairing thereof; and to levy the charge in their County levy; and when bridges shall be necessary over any such creek or River, which divides one County from another, the Inferior Court of each County, shall join the agreement for building, keeping and repairing the same; and the Charge thereof shall be defrayed by both Counties, in Proportion to the Number of Taxables in each.

VIII. And be it further Enacted by the Authority aforesaid, That all and every Contract, Agreement and Order, by the Justices of the Inferior Court of any of the Counties aforesaid, entered into or made, for or concerning the Building, keeping or repairing Bridges, in such Manner as to them shall seem most proper, shall be good and available against them, and their Successors.

IX. And be it further Enacted, That the Inferior Court of the said Counties shall annually appoint Overseers of the Highways or Roads, who are by this Act obliged to summon all Male Taxables, from the Age of Sixteen to Sixty (except such Persons as are or shall be exempted from Public Services by the Assembly) within their District, to meet at such Places and Times as to them shall seem Convenient, for the Repairing or making such Roads as shall be necessary; and except such as are or have been heretofore by Law excused from appearing at Musters; and such as tend Three Slaves, or other Three sufficient Hands, to work on the Public Roads; And whosoever shall upon such Summons, refuse or neglect to do and perform their Duty therein, shall forfeit and pay the Sum of Two Shillings and Eight Pence, Proclamation Money, per Day, for each Person neglecting or refusing; to be recovered by a Warrant from a Magistrate of the County, and paid by the Sheriff or Constable to the Overseer, and by him to be expended in hiring other Hands to work on the said Roads.

X. Provided nevertheless, That nothing herein contained shall be construed to exempt Overseers of Slaves from working on Roads.

XI. Provided also, That the several Persons summoned by the Overseers to work on the Roads as aforesaid, shall not be liable to any Time for not appearing and doing their Duty, unless they shall be summoned Six Days before the Day appointed for working.

XII. And be it further Enacted, That all overseers of Roads which shall refuse or neglect to do their duty, as is by this Act directed, or who shall not keep the Roads or Bridges clear and in Repair, or let them remain uncleared or out of Repair for and during the Space of Ten Days, unless hindered by extreme bad Weather, such overseer shall forfeit, for each and every such Offence, the Sum of Twenty Five Shillings over and above such Damages as may be sustained; to be recovered by a Warrant from a Magistrate, by any Person taking out the same, and to be applied to his Own Use.

XIII. And be it further Enacted, That from and after the passing of this Act, the Inferior Courts of each and every County in this Province shall have full power and Authority, and they are hereby directed and required,

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to compell all Persons that now do, or hereafter shall be appointed to keep a Public Ferry, or who shall own a Bridge receiving Toll within the said County, to give good and sufficient Security, in the Sum of One Hundred Pounds Proclamation Money, payable to the Chairman of the said Court, and his Successors; with Condition that he or they shall and will constantly find, provide, and keep good and sufficient Boats, or other Proper Crafts, and keep such Bridges in good Repair, as the Case may be, and always to be well attended for Travellers or other Persons, their Horses, Carriages and Effects, over any River or Creek. And if any Person shall receive Damages by any Ferryman, or keeper of a Toll Bridge, not having complied with the Condition of his Bond, the Person who has so received Damage shall and may bring an Action of Debt, against such Ferryman or Bridge Keeper on such Bond, in the Name of the Chairman, and recover, for the Non-performance of the said Condition, so much Damages as he, she, or they, shall appear to have sustained, and thereupon take out Execution for whatever shall be so recovered, and apply the same to his, her or their own Use; and it shall and may be lawful for any Person detained at any Public Ferry, by Means of the Ferryman's not having sufficient Boats, or other Proper Crafts and Hands, or by his neglecting to do his Duty, by a Warrant from a Justice of the Peace, to recover of such Ferryman Twenty Five Shillings, Proclamation Money, for such Default or Neglect.

XIV. And be it further Enacted, That upon application made to any of the Inferior Courts in this Province for clearing navigable Rivers and Creeks in their respective Counties, it shall and may be lawful for the said Courts and they are hereby directed and required, to appoint such Overseers of the Roads as live most convenient to such Rivers and Creeks, with their Companies, to do and perform the same, as soon as may be, after being so directed; And upon neglect or Refusal of such Overseer, or Company, or any of them, to do and perform such work or Service, upon due Proof thereof, he or they so refusing or neglecting, shall be liable to the same Fines and Forfeitures, as for Neglect or Refusal of their Service on the Roads; which shall be recovered and applied in the same manner.

XV. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall think him, her, or themselves, aggrieved by any Order or Sentence of the Justice, or Verdict of any Jury appointed to lay out any Road or Roads, it shall and may be lawful for such Person or Persons to appeal from the Order or Sentence of such Justice, or Verdict of such Jury, in any County, to the Next Inferior Court to be held for the said County, who are hereby impowered to hear and determine such Appeals in a summary Way.

XVI. And be it Enacted, by the Authority aforesaid, That all overseers of Roads shall cause to be set up, at the parting of all Roads within their several Districts, a Post or Posts, with Arms pointing the Way of each and every Road, with Directions to the most Public Places to which they lead with the Number of Miles from that Place, as near as can be computed; And every Overseer who shall refuse or neglect to do so, and keep the same in Repair, shall forfeit and pay, for every such Neglect, the Sum of Forty Shillings; to be recovered before any Justice of the Peace, and applied as other Fines in this Act directed.

XVII. And be it further Enacted, by the Authority aforesaid, That the several Overseers of the Roads, within Nine Months next after the passing of this Act, shall cause the Public Roads within their Districts respectively to be exactly Measured, where the same has not already been done; and

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shall at the End of each Mile, mark, in a Legible and durable Manner, the Number of such Miles, beginning, continueing, and making the Numbers in such Manner and Form, as the Inferior Courts of the Counties shall severally and respectively direct; and every Overseer shall keep up and repair such Marks and Numbers within his District, And every Overseer refusing or neglecting to mile mark, or to repair the Mile Marks within his District, according to the Intent and Meaning of this Act, for the Space of Thirty Days after Notice of their being unmarked or out of Repair, shall forfeit and pay the sum of Twenty Shillings; to be recovered by a Warrant before any Justice of the Peace.

XVIII. And be it further Enacted, by the Authority aforesaid, That an Act, intituled an Act for impowering the several Commissioners hereinafter Named to make, mend, and repair, all Roads, Bridges, Cuts, and Water Courses, already laid out, or hereafter to be laid out, in the several Counties and Districts hereinafter appointed, in such Manner as they shall judge most useful to the Public, passed at New Bern the Twentieth Day of April, in the Year of our Lord One Thousand Seven Hundred and Forty Five; another Act intituled, An Act for establishing Public Roads and Ferries, and for the better Regulation of the same in several Counties, passed at New Bern the Twelfth Day of December, in the Year of our Lord One Thousand Seven Hundred and Fifty Six; and one other Act intituled, An Act for altering the Method of working on the Roads, and appointing Public Ferries, within the Counties of Duplin, Cumberland, Rowan, and Anson, passed at New Bern the Eleventh Day of December, in the Year of our Lord One Thousand Seven Hundred and Sixty Two; and every Clause and Clauses, Article and Articles of them, and of each and every other Act and Acts, Clause or Clauses thereof, heretofore made, within the Purview of this Act, shall be, and are hereby severally from henceforth repealed.

CHAPTER IV.
An Act to suppress excessive and deceitful Gaming.

I. Whereas excessive and deceitful Gaming hath been found Injurious to the Inhabitants of this Province, and tend greatly to the Discouragement of Industry, Corruption of Youth, and Destruction of Families; For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly and by the Authority of the same, That from and after the passing of this Act, any Tavern-keeper who shall permit or suffer any Gaming within his House, Stall, Booth Harbour, or other Place, (Back gammon only excepted) shall, for such Offence, upon Conviction thereof, before the Court of the County wherein the same shall be committed, forfeit his License, and be further Liable to Indictment, and Fine, at the Discretion of the said Court; And any Person or Persons who shall hereafter win at any Game or Games, or by betting or Wagering, in any Manner whatsoever, (Horse racing only excepted) more than Five Shillings in Twenty Four Hours, or the Value thereof in any Goods, Commodities, or other Article or Articles, shall, upon Conviction of the Same before any Court or Magistrate, having Cognizance thereof, forfeit all such Monies, Goods, Commodities, or other Article or Articles, or the full Value thereof; one half to the Informer, and the other Half to be applied to the Use of the Parish wherein such Offence shall be committed.

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III. Provided nevertheless, That if it shall appear that such Informer was either Winner or Loser, or in anywise a Party in any such Game or Games, the Whole shall be forfeited to the Use of the Parish.

IV. And be it further Enacted by the Authority aforesaid, That upon any Information made before any Court of Record, or any Justice or Justices of the Peace within this Province, or in View of any Justice or Justices, it shall appear, that any Person or Persons have won at any Game or Games, by betting or wagering in any Manner whatsoever, except as hereinbefore excepted, more than Five Shillings in Twenty Four Hours, or the Value thereof in any Goods, Commodities, or other Article or Articles, it shall be lawful for any such Court or Justice, having Cognizance thereof, and they are hereby impowered and required, to cause such Person or Persons to be brought before such Court or Magistrate before whom Information shall be made, to be examined on Oath concerning the said Offence; which Oath or Oaths the said Court or Justice is hereby impowered to administer; as also, to examine any Witness or Witnesses concerning the same; And if it shall appear that such Person or Persons shall have Won at any Kind of Game or Games, or by betting or Wagering, in any Manner whatsoever, except as hereinbefore excepted, more than Five Shillings in Twenty-Four Hours, or the Value thereof in any Goods, Commodities, or other Article or Articles, to award Execution against the Body, or Goods, Chattels, Lands, and Tenements, of such Person or Persons so convicted, for all such Sum or Sums of Money, Goods, Commodities, or other Article or Articles, which he shall have Won, over and above the Value of Five Shillings in Twenty-Four Hours.

V. And be it further Enacted, That all Deeds, Mortgages, Bills, Bonds, Notes, Assumptions, Specialty or Specialties, Instrument or Instruments of Writing, which shall hereafter be given for the Payment, Security or Discharge of any Sum or Sums of Money, Goods, Commodities, or other Article or Articles, Thing or Things whatsoever, lost at any Game or Games, or by betting or Wagering, except as hereinbefore excepted, upon due proof thereof, shall be deemed null and void.

VI. And whereas there are many idle, disorderly, and evil disposed Persons, not Inhabitants of this Province, who are frequently found Loitering, gaming, and misbehaving themselves within the same; Be it therefore Enacted, by the Authority aforesaid That it shall and may be Lawful for any Justice of the Peace, and he is hereby directed and required, either on Information, Notice given him, or on his own View, to issue his Warrant, and cause such Persons or Person, to be apprehended; and on Conviction, to commit such Offender or Offenders to Gaol, until he or they so convicted find sufficient Security, in the sum of Twenty Pounds, for his or their good behavior during the Term of Twelve Months: And if any such Offender or Offenders shall be accused or convicted a second Time or, oftener, of loitering, gaming, and misbehaving themselves as aforesaid, he or they so offending, shall forfeit and pay, for each and every such Offence, the Sum of Fifty Pounds; one half thereof to the Use of him or them who shall sue for the same, and the other half to the Use of the Church Wardens for the Use of the Parish where such Offence shall be committed; to be recovered by Action of Debt, Bill, Plaint or Information; in any Court of Record within this Province, having Cognizance thereof; wherein there shall be no Essoign, Injunction, Protection, or Wager of Law, allowed or admitted of.

VII. Provided always, That any Person or Persons aggrieved by the Judgment of any Inferior Court, may, and are hereby intitled to an Appeal to the Superior Court of the District to which such Inferior Court shall belong;

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And any Person aggrieved by the Judgment of any Justice of the Peace, upon Conviction for any of the Offences in this Act cognizable before him may appeal to the next Court to be held for the County wherein such Person shall be convicted; but shall give Notice in Writing of such Appeal to the Appellant; and shall also enter into Recognizance, with Two sufficient Securities, before any Justice of the County wherein the Judgment was given, on Condition to try such Appeal at the next Ensueing Court held for the same County, which shall be by the said Court then heard and finally determined.

VIII. Provided also, That no such judgment obtained before any Justice of the Peace, shall be set aside for want of Form, wherein it shall appear to the Court, that the Fact was sufficiently proved at the Tryal; nor shall any such Judgment be removed by any Appeal, Writ or Process whatever, into any Superior Court.

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

CHAPTER V.
An Act for encourageing the Culture of Hemp and Flax, and other Purposes.

I. Whereas by Experience Hemp and Flax have been found to grow extremely well in this Province, and being valuable Articles of Commerce for Exportation; in Order to encourage the Culture thereof,

II. Be it Enacted, by the Governor, Council, and Assembly and by the Authority of the same, That every Person who shall cultivate Hemp or Flax in this Province, and who shall produce a Certificate, upon Oath, of his having so done, and signed by him or her, and attested by any lawful Magistrate in the County where the same was cultivated; and who shall tender the Hemp or Flax that hath been by him or her cultivated to any Inspector to be appointed by Virtue of an Act, intituled, An Act to regulate the Inspection of the several Commodities therein mentioned; who on viewing the same, shall find it to have been water rotted, bright, clean, merchantable, and fit for Exportation, shall give a Certificate to the Person, mentioning the Person's Name tendering the same, the Time tendered, the Weight and Quality of the Hemp or Flax, and of his having examined, and found the Hemp or Flax mentioned in his Certificate, to have been water-rotted, bright, clean, merchantable, and fit for Exportation; on producing of which Certificate by the Cultivator of the Hemp or Flax, or his, her, or their Assigns, together with an Indorsement thereon, under the Hands of the Collector and Naval Officer of the Port from whence it may be shipped, certifying, that the Hemp or Flax therein mentioned, had been duly exported, the Time when, and the Vessel's Name in which it was so shipped, to the Provincial Treasurer for the District where the Hemp or Flax hath been inspected, shall be paid to the Cultivator of Hemp or Flax as aforesaid, or their Assigns, the Bounty or Premium hereafter mentioned, in the following Proportion, allowing One Hundred and Twelve Pounds to the Hundred Weight, viz.: For every Hundred Weight of Hemp, Sixteen Shillings and Eight Pence; For every Hundred Weight of Flax, Thirteen Shillings and Four Pence; and so in Proportion for a greater or less Quantity; Which Premium or Bounty shall be paid by the Treasurer as before mentioned, out of the Monies in

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his Hands, or may be in his Hands for Contingencies, and which shall be allowed him in his Accounts.

III. And be it further Enacted, by the Authority aforesaid, That the Inspector may take and receive, at the Rate of One Shilling, Proclamation Money, for every Hundred and Twelve Pounds of Hemp or Flax by him inspected and found merchantable, and so in proportion for a greater or less Quantity, and for which he shall grant a Certificate as before mentioned.

IV. And be it further Enacted, by the Authority aforesaid, That no raw or untanned Hides, Pieces of Hides, or Calf Skins, shall, from and after the First Day of May next, be exported out of this Province to any Port (Great Britain only excepted) by any Person whatsoever, unless a Duty of One Penny per Pound be paid for the same to the Collector of the respective Ports where the same shall be shipped for Exportation; and the several Collectors within this Province are hereby directed not to clear out any Ship or vessel, having raw and untanned Hides, Pieces of Hides, or Calf Skins, without receiving the said Duty of One Penny per Pound; and the said Collectors are hereby Authorized and directed to administer the following Oath to the Master or Commander of any Ship or Vessel, viz.

I, A. B., do swear, that I have not on Board my ship or Vessel, any raw or untanned Hides, Pieces of Hides, or Calf Skins, except what is mentioned in my present Clearance; and that I will not carry out any during the Continuance of this present Voyage. And in Case any Person shall presume to ship any raw or untanned Hides, Pieces of Hides or Calf Skins, without paying the said Duty, the said Raw and untanned Hides, pieces of Hides, or Calf Skins, shall be forfeited, and applied towards paying the Bounty on Hemp and Flax; and the said Duty of one Penny per Pound shall be likewise applied to the said Use and Purposes; and paid by the several Collectors to the Public Treasurers of this Province, towards reimbursing the said Treasurers for the Bounties paid by them on Hemp and Flax.

V. And be it further Enacted, by the Authority aforesaid, That if any Collector shall presume to clear out any Ship or Vessel contrary to the true Intent and Meaning of this Act, he shall forfeit and pay the Sum of Fifty Pounds; one half to the Person who shall sue for the same, and the other Half to the Treasurer of the District where the Offence shall be committed; to be recovered by Action of Debt, in any Court of Record, having Cognizance of the same, and applied towards the Bounty on Hemp and Flax.

VI. And be it Enacted, by the Authority aforesaid, That this Act shall continue and be in Force for the Space of Five Years, and from thence to the End of the next Session of Assembly.

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

I. Whereas by an Act passed at New Bern, in the Year of our Lord One Thousand Seven Hundred and Fifty Four, intituled, An Act for the Relief of such Persons as have suffered, or may suffer, by not having had their Deeds and Mesne-Conveyances registered and proved within the Time heretofore

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appointed for such Purposes; and to prevent Disputes and Law Suits concerning Lands; all Deeds or Mesne-Conveyances for any Lands, Tenements, or Hereditaments within this Province, were to be acknowledged or proved according to the Directions of this Act, and delivered to the Registers of the Counties wherein they are respectively situated, within the Space of Two Years from the respective Dates thereof; and many Persons, through Ignorance of the Purport of the said Law, having neglected to have their Deeds or Mesne-Conveyances proved and registered according to the Directions of the said Act; For Remedy thereof,

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

III. And in order to render his Majesty's Subjects in this Province secure in the peaceable and quiet Enjoyment of their several Estates, Rights, and Properties, and to prevent all Doubts, Controversies and Disputes, which may hereafter arise concerning the Titles to any Lands, Tenements, Hereditaments, which are held or claimed by, from, or under any Foreign Protestant heretofore inhabiting within this Province, by Purchase, Discent, or otherwise; Be it further Enacted by the Authority aforesaid, That all Foreign Protestants heretofore inhabiting within this Province, and dying seized of any Lands, Tenements, or Hereditaments, shall, for ever hereafter, be deemed, taken, and esteemed to have been naturalized, and intituled to all the Rights, Privileges, and Advantages of natural Born Subjects; and all Gifts, Grants, Devises, and Mesne-Conveyances, in the Law, heretofore made or done by any of them or by any such foreign Protestants, heretofore Inhabiting and being seized of Lands, Tenements, and Hereditaments in this Province, of any such Land, Tenement or Hereditament, shall be deemed and taken to be as valid and Effectual, to all Intents and Purposes whatsoever, as if they had been made, done, or executed, by any of his Majesty's natural born Subjects of this Province; And the Heirs, Grantees, Legatees, and Feeoffers of any such Foreign Protestant holding, claiming and enjoying any lands, tenements or hereditaments by, from or under any such foreign Protestant shall have, hold, occupy, possess, and enjoy, and be intituled to the same, as fully and rightfully, as if the said Lands, Tenements, or Hereditaments, had descended from, or been granted or conveyed by any of his Majesty's natural born Subjects of this Province; Any Law, Custom or Usage to the Contrary hereof, in any wise, notwithstanding.

IV. Provided always, That nothing in this Act contained shall be deemed or construed to extend to any Gift, Grant, Devise, or other Mesne-Conveyance,

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hereafter to be made or executed by any Foreign Protestant, now residing, or hereafter to reside within this Province.

CHAPTER VII.
An Act for the more Effectual Suppressing of Felonies, and Punishment of Counterfeiters of the Paper Currency of this Province, and of Virginia.

I. Whereas great Numbers of evil Disposed Persons in the Frontier Parts of this Province, have associated themselves, and support each other, in committing the Heinous Crimes of Murder, and other Felonies; and in Counterfeiting the Paper Currency of this Province, and Virginia; and in fraudulently and deceitfully imposing the same on the Honest industrious Inhabitants of this Colony, in Defiance of Authority, and in open violation and Contempt of all Laws; For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the passing of this Act, if any Person or Persons, against whom any Bill of Indictment is found, or Presentment made, for any Crime, which if such Person is convicted of, Judgment of Death may be passed against him; or for Counterfeiting, or passing Counterfeit Money of this Province, or Virginia, or base Coin, knowing the same to be Counterfeit or base; or shall make his or their Escape, after being apprehended or committed to prison for any of the Crimes or Offences above-mentioned, and such Person shall neglect or refuse to surrender him or themselves to the Sheriff of the County wherein the Superior Court in which such Person is so charged as aforesaid, is held, on or before the last Day of the Superior Court of that District which shall next follow the Court wherein such Bill of Indictment hath been found, or Presentment made; that in every such case the Chief Justice, or the Assistant, or Associate Judge, for the District in the Superior Court of which such Offender hath been charged as aforesaid is hereby directed and impowered to seal and subscribe as many Proclamations as there are Counties in such District requiring and commanding such Offender to surrender himself within Sixty Days next after the last Day of the Superior Court in which such Proclamation shall be dated; and giving Notice to such Offender, that unless he do not surrender himself accordingly, it will be lawful for any Person or Persons to kill and destroy such Offender.

III. And be it further Enacted by the Authority aforesaid, That if any such Offender so charged, or who hath escaped as aforesaid, shall refuse or neglect to surrender himself within the Sixty Days limited in such Proclamation, it shall and may be lawful for any Person or Persons whatsoever, to kill and destroy such Offender or Offenders; And in Case any Person shall be prosecuted for killing or Destroying any such Offender or Offenders such Person may plead the General Issue, and give this Act in Evidence.

IV. And be it Enacted, by the Authority aforesaid, That the Clerk for the Time being, of each and every Superior Court within this Province, is hereby required and directed, to set up the said Proclamation, sealed and subscribed as aforesaid, at the Court House, and each of the Churches and Chapels in each County within the District of such Superior Court, within Ten Days next after the Date of such Proclamation.

V. And be it further Enacted by the Authority aforesaid, That if any Offender or Offenders, who hath neglected or refused to surrender him or

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themselves at the Time hereinbefore limited, or who hath escaped or broke Gaol as aforesaid, shall, at any Time afterwards be apprehended, or surrender himself as aforesaid, and shall stand Tryal, and abide by the Award and Determination of the Superior Court wherein such Offender hath been charged that then and in such Case, it shall not be lawful for any Person or Persons to kill or destroy such Offenders; any Thing herein contained to the contrary notwithstanding.

VI. And be it further Enacted by the Authority aforesaid, That if any Person shall apprehend any Offender or Offenders who hath escaped or neglected to surrender himself after the Time limited in the Proclamation, such Person shall be allowed the sum of Thirty Pounds, Proclamation Money, on conviction of such Offender; And the Public Treasurers, or either of them, is hereby required to pay the same, on such Person's producing a Certificate, signed by the Chief Justice, or the Assistant or the Associate Judge of the Court wherein such Person hath been so convicted; and the Treasurer paying such Sum, shall be allowed the same in settling his Accounts with the Public.

VII. And be it further Enacted, by the Authority aforesaid, That this Act shall be and continue in Force for and during the Term of Two Years, from and after the passing thereof.

CHAPTER VIII.
An Act to continue an Act, intituled, An Act to make Provision for paying the Chief Justice and Attorney-General's Salaries, and defraying the Contingent Charges of Government; passed in the Year of our Lord One Thousand Seven Hundred and Fifty Eight.

I. Whereas an Act, intituled, An Act to make Provision for paying the Chief Justice and Attorney General's Salaries, and defraying the Contingent Charges of Government, being made temporary, will soon expire; and it being necessary the same should be continued,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the said recited Act shall continue and be in Force for and during the Term of Two Years, from and after the Expiration of the said recited Act, and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER IX.
An Act for destroying Vermin in this Province.

I. Whereas this Province is very much infested with Wolves, and other Vermin to the great Prejudice of the Inhabitants; For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That every Person who shall kill any of the Vermin hereinafter mentioned, within Ten Miles of a settled Plantation in this Province, shall be intitled to a Claim upon the County where such Vermin shall be killed, to the several Rewards as follows; For every Wolf, Ten Shillings, For every Panther, Ten Shillings, For every Wild-Cat, Two Shillings and Eight Pence; to be paid as hereafter directed.

III. And be it further Enacted, by the Authority aforesaid, That any Person who shall have a Claim for killing any of the aforesaid Vermin, are hereby directed to produce the Head or Scalp of the aforesaid Vermin, with

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both Ears, before a Magistrate, who is to administer an Oath to such Person claiming the same, that it was taken and killed within the Bounds of such County where the Claim shall be made; And if it be a Slave or Indian that shall kill any such Vermin, of which the Head or Scalp shall be produced as aforesaid the Master or Owner of such Slave or Indian, or he that makes claim for such Scalp or Scalps in Behalf of any Slave or Indian, shall make Oath before such Magistrate, that he verily believes the same was taken and Killed within the County wherein the same is claimed; which Oath being administered the Magistrate is hereby directed to give a Certificate for the same; and the Magistrate shall immediately cause such Head or Scalp to be destroyed.

IV. And be it further Enacted, by the Authority aforesaid, That any Person having a Certificate from any such Magistrate, shall, upon producing the same to the Court of the County where such Certificate was obtained, be intituled to the Sum or Sums due upon such Certificate or Certificates; which several Sums so paid shall be allowed by the Court, out of the County Tax.

V. And be it further Enacted, by the Authority aforesaid, That the Justices of the several Inferior Courts of Pleas and Quarter Sessions within this Province, are hereby required, authorized, and impowered, to lay a Tax on the several Taxable Persons within the respective Counties, for discharging the said Claims.

VI. And be it further Enacted by the Authority aforesaid, That this Act shall Continue and be in Force for and during the Term of Two Years, and from thence to the End of the next Session of Assembly, and no longer.

VII. And be it further Enacted, by the Authority aforesaid, That all and every other Act and Acts, Clause and Clauses thereof, within the Purview of this Act, is and are hereby from henceforth repealed and made void.

CHAPTER X.
An Act for appointing Public Treasurers.

I. Whereas, it is highly expedient that Public Treasurers be appointed for the Southern and Northern Districts of this Province, who may be authorized and impowered to receive the Public Taxes which now are, or hereafter may become due from the Sheriffs of the respective Counties within the said Districts respectively.

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That John Starkey, Esq., be, and is hereby appointed Public Treasurer for the Counties of Anson, Beaufort, Bladen, Brunswick, Craven, Carteret, Cumberland, Duplin, Dobbs, Hide, Johnston, Mecklenburg, New Hanover, Onslow, Pitt, and Rowan; and that Joseph Montfort, Esq., be, and is hereby appointed Public Treasurer for the Counties of Currituck, Pasquotank, Perquimans, Chowan, Bertie, Tyrrell, Northampton, Edgecomb, Granville, Orange, Hertford, Bute, and Halifax; Which Said Treasurers shall, before they enter upon their said Offices, give Bond respectively, with sufficient Securities, to our Sovereign Lord the King, his Heirs and Successors, in the Sum of Ten Thousand Pounds lawful Money of Great Britain, each, with Condition, that they, and each of them, will well and truly account for and pay to the General Assembly of this Province, when he and they shall be thereunto required, all Public Monies he or they shall, at any Time hereafter, receive on Account of Public Taxes, and for the faithful and regular Discharge of their said Offices, Which Bonds

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shall be lodged in the Secretary's Office, and in Case of the Breach of the Condition thereof, may be recovered in any Superior Court of Justice within this Province.

III. And be it further Enacted, by the Authority aforesaid, That the said Treasurers and each of Them, is and are hereby impowered and directed, to receive all Public Taxes, and the Sheriff of each of the said respective Counties, is hereby required and directed, on or before the Tenth Day of June, Yearly during the Continuance of this Act, to account with, upon Oath, and pay into the Hands of the said Treasurers respectively, all such Monies as the said Treasurer, or either of them, are by this Act impowered to receive.

IV. And be it further Enacted, by the Authority aforesaid, That the said Treasurers be allowed Five per Cent for their Trouble, on all the Monies by them respectively received, and paid into the General Assembly as Aforesaid, except upon such Sum or Sums as the Public Treasurer for the Northern District appointed by this Act, shall receive from the late Public Treasurer of the said District, or from any Person or Persons who hath or have acted for the said Public Treasurer; upon which Sum or Sums so received, no Commissions shall be allowed to the Public Treasurer by this Act appointed.

V. And be it further Enacted, by the Authority aforesaid, That the said Treasurers shall have the same Powers and Authorities, and be subject to the same Pains, Penalties, and Restrictions, as Public Treasurers were intitled or subject to, in and by an Act of Assembly passed at New Bern in April, One Thousand Seven Hundred and Forty Eight.

VI. And be it further Enacted, by the Authority aforesaid, That all and every Act and Acts of Assembly in all and every Clause and Clauses of any Act or Acts of Assembly, relative to the appointment of Public Treasurers for this Province, within the Purview of this Act, are hereby repealed.

VII. And be it further Enacted, by the Authority aforesaid, That this Act shall be and continue in Force for and during the Term of Three Years, and from thence to the End of next Session of Assembly, and no longer.

CHAPTER XI.
An Act for erecting in the Town of Halifax a Public Gaol, and Gaoler's House, for the District of Halifax, in this Province.

I. Whereas the Gaol formerly erected for the District of Halifax, was lately burnt down, and there being no place of Sufficient Strength to secure the many Felons and other Misdoers in that District; by which means Numbers of Loose and disorderly Persons are daily committing the most atrocious Crimes with Impunity; For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly and by the Authority of the same, That from and after the passing of this Act, Mr. Peter Copeland, Mr. James Young, and Mr. Nicholas Long, shall be, and they are hereby appointed and constituted Trustees, to design, contract for, and cause to be built and finished a substantial and sufficient Gaol and Gaoler's House, of such Dimensions and Materials, and on such Part of the Public Lots in the said Town of Halifax, as to them, or the Majority, or Survivors of them, shall deem most Proper; Which Gaol so erected, shall be and remain the Public Gaol of the Several Counties now constituting the District of Halifax.

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III. And be it further Enacted, by the Authority aforesaid, That there shall be levied on each taxable Person within the several Counties in the said District Annually, for the Term of Two Years next after the passing of this Act, the respective Sums following, to-wit, On Each taxable Person within the County of Halifex, the Sum of One Shilling, Proclamation Money; and on each Taxable Person within the Counties of Northampton, Granville, Bute, Orange and Johnston, and Edgecomb, the Sum of Eight Pence Proclamation Money; which respective Taxes shall, by the Sheriff of each of the said Counties for the Time Being, be collected in the same Manner, and under the same Penalties for the Non-payment thereof, as is directed by Law for the collecting other Public Taxes; and the Monies arising therefrom shall be paid by the said Sheriffs respectively to the Trustees in this Act named, to be by them, or the Majority or Survivors of them as aforesaid, applied towards discharging the Contracts they shall enter into for the Buildings in this Act directed.

IV. And whereas by an Act of Assembly passed at New Bern, intituled, 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, a Poll Tax was laid on the several Counties of Halifax, Northampton, Edgecomb, Granville, and Johnston, for the Building a Wall round the Prison of the said District, and for other Purposes in that Act Mentioned; which Act has not been fully carried into execution; Be it therefore Enacted, by the Authority aforesaid, That the Trustees in that Act named shall account for, and pay unto the aforesaid Peter Copeland, James Young, and Nicholas Long, or the Survivors of them, the Surplus which now is, or shall be in their Hands of the said Tax unapplied to the Purposes in that Act mentioned, to be applied towards the Buildings in this Act directed; and the Lot or Lots of Ground, together with the Court House and Prison at Enfield, where the County Court used formerly to be held, belonging to the County of Halifax, are hereby vested in the aforesaid Peter Copeland, James Young, and Nicholas Long, and the Survivors of them, to be by them sold at Public Vendue and the Monies arising therefrom to be by them also applied to the Purpose in this Act Mentioned; And if the Taxes arising in Virtue of this and the before mentioned Act, shall be more than sufficient to compleat the Buildings herein directed, the Surplus thereof shall, by the Trustees herein named, be paid to the Court of each County first above mentioned, in proportion to the Number of Taxables collected from each of the said Counties and paid by the Sheriffs to the said Trustees.

V. And be it further Enacted, by the Authority aforesaid, That if any Sheriff who shall be chargeable with any of the Taxes by this Act assessed, shall neglect or refuse to account for and pay unto the Trustees in this Act named, the whole Sums he shall be chargeable with in Virtue of this Act, after deducting the usual Commissions for collecting, and such insolvents as shall be allowed by the Court of his County, the said Peter Copeland, James Young, and Nicholas Long, or the Survivors of them, shall have the same Method of Proceeding against such Sheriff by Motion, as is by Law given against Sheriffs for not accounting for other Public Monies by them received; and such Proceedings shall be good and valid in Law in any Court of Record within this Province, Respect being had to the Jurisdiction of such Court.

VI. And be it further Enacted, by the Authority aforesaid, That the Trustees in this Act Named, shall immediately proceed to the Discharge of the Trust by this Act reposed in them; and shall cause the said Buildings to be finished within Two Years from the passing of this Act, at farthest;

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and on the Expiration of that Term they shall lay an Account, upon Oath, of their proceedings herein, with an Account of all Monies they shall receive by Virtue hereof, and the Sums paid by them on Account of the said Buildings, before the Court of each of the Counties herein named, for their Approbation.

CHAPTER XII.
An Act for laying a Tax on the Inhabitants of the several Counties of the District of Salisbury Superior Court, to repair the Public Gaol thereof.

I. Whereas the Public Gaol of Salisbury District has, by Experience, been found insufficient for the safe-keeping of Felons and others committed to the same; For Remedy thereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That a Poll-Tax of One Shilling Proclamation Money be, and is hereby laid, on each taxable Person within the County of Rowan, and a Poll-Tax of Eight Pence Proclamation Money, on each Taxable Person within the Counties of Anson and Mecklenburg, for the ensueing Year; which said Tax shall be paid, Collected, and distrained for, by the Sheriffs of each County respectively, in the same Manner, and under the like Rules, Fines, Forfeitures, and Penalties, as other Taxes are by Law to be collected and distrained for; and such Tax so collected by the said Sheriffs, shall be paid into the Hands of Mr. John Frobock, Mr. William Giles, and Mr. John Mitchell, or the Majority of them, on or before the Tenth Day of January which will be in the Year of our Lord One Thousand Seven Hundred and Sixty Five; who are hereby impowered and directed, or a Majority of them, to agree with Workmen, for repairing the said Gaol in the Town of Salisbury, erecting a Wall round the same, and building a Gaoler's House thereto, in such Manner as the said Commissioners, or a Majority of them, shall think most proper; and the Monies so to be collected and paid, shall, by the said Commissioners, or a Majority of them, be applied towards paying such Workmen as aforesaid, and the overplus thereof, if any, shall by them be returned to the Justices of each of the said Counties respectively in Proportion to the Sums received from them; and to be by them applied towards defraying the Contingencies of each of the said respective Counties.

III. And be it further Enacted, by the Authority aforesaid, That if any or either of the said Sheriffs aforementioned shall fail or neglect to pay the Money to be collected by Virtue of this Act, into the Hands of the said Commissioners, or the Majority of them, on or before the said Tenth Day of January, it shall and may be lawful, and the aforesaid Commissioners, or the Majority of them, are hereby required to proceed against such Sheriff so neglecting, in the Superior Court of Salisbury District, or either of the Superior Courts within this Province, in the like Manner as Sheriffs are to be proceeded against in other Cases for Non-Payment of Public Monies which they have received.

IV. And be it further Enacted, by the Authority aforesaid, That after such Buildings and Repairs shall be made as aforesaid, when any Person or Persons within the District of Salisbury Superior Court shall be apprehended for any Criminal Offence, that on Conviction thereof would incur the Loss of Life or Member, it shall and may be lawful for the Inferior Court, or Justice of the Peace, as the Case may be, before whom an Examination of such Criminal shall be had, if such Court or Justice shall think it necessary, to commit such Criminal to the aforesaid Gaol; and the Sheriff of the

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County wherein such Criminal shall be, is hereby directed and ordered to convey such Criminal to the said Gaol, and deliver him or Them to the Keeper thereof and take a Receipt for such Prisoner or Prisoners from the said Sheriff or Keeper, which shall be his Discharge for such Criminal or Criminals.

V. And be it further Enacted, by the Authority aforesaid, That after such Buildings and Repairs shall be made as aforesaid, the Sheriff of the County of Rowan for the Time Being, is hereby required and directed, when any Criminal shall be committed to the said Gaol, to employ some Person of Integrity to be Keeper thereof, who shall constantly reside in the said Gaoler's House during the Time such Criminal shall be in Gaol; and shall also take all Lawful Means for preventing such Criminal from escaping.

CHAPTER XIII.
An Act to continue an Act, intituled, 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. Be it Enacted, by the Governor, Council, and Assembly and by the Authority of the same, That the before recited Act, intituled An Act, to amend and further continue an Act, intituled, An Act for facilitating the Navigation of Port Bath, Port Roanoke and Beaufort, passed the Thirty Frst Day of May, One Thousand Seven Hundred and Fifty Two, for Five Years, and every Clause and Article thereof, be, and is hereby continued for the Space and Term of One Year, from and after the Passing of this Act, and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER XIV.
An Act for erecting Part of St. Philip's Parish, in New Hanover County, and the lower Part of Bladen County, into a separate County, by the Name of Brunswick County; and for dividing the County of Granville, and erecting that Part thereof called St. John's Parish, into a separate and distinct County, by the Name of Bute County.

I. Whereas the great extent of the respective Counties of New Hanover and Bladen, render the attendance of the Inhabitants of St. Philip's Parish, in New Hanover County, and the Inhabitants of the lower Part of Bladen County, to do Public Duties in their respective Counties, extremely difficult and expensive.

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That that Part of Bladen County which lies to the Westward of the Northwest Branch of Cape Fear River, be divided from the upper Part of Bladen County, by a line beginning at the upper Corner of a Tract of Land on which the Plantation of John Grange is situate, above the Mouth of Beaver Dam Creek, which Plantation lately belonged to Mr. Robert Howe, running from thence a direct Course to the East side of the Lake on Waggamaw River; and from thence by a West Line to the Bounds of the Province, so as to leave all the Inhabitants of the said Lake in Bladen County; and that the said Lower Part of Bladen County, together

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with all that Part of New Hanover County called St. Philip's Parish, except so much thereof as lieth to the North Westward of the dividing Line hereby directed to be run to the Lake, and from thence to the Bounds of this Province, be erected into a Distinct County, by the Name of Brunswick County.

III. And be it further Enacted by the Authority aforesaid, That all that Part of St. Philip's Parish which lieth to the North westward of the said Line, to the East End of the Lake, and from thence to the Bounds of the Province, be annexed to, and it is hereby declared to be Part of Bladen County.

IV. And for the due administration of Justice; Be it Enacted by the Authority aforesaid, That from and after the First Day of March Next, an Inferior Court of Pleas and Quarter Sessions for the said County of Brunswick shall be held, Quarterly, on the Third Tuesdays in March, June, September and December, at the Town of Brunswick, by Commission to the Justices, in the same Manner as other Inferior Courts of Pleas and Quarter Sessions are held within this Province; And the said Inferior Court shall take Cognizance of all Matters, Suits and Things, and is hereby vested with the same Powers, Jurisdictions, and Authorities, that any other Inferior Court is, hath, or can have by Virtue of an Act, intituled, An Act to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province.

V. And be it further Enacted, by the Authority aforesaid, That the said Justices to be appointed for the County of Brunswick, are hereby directed to meet on the Third Tuesday in March next, at some convenient Place in the Town of Brunswick, and take the Oaths by Law appointed for their Qualification; and the Justices of the said County of Brunswick, or any Three of them, after being so qualified, shall hold an Inferior Court of Pleas and Quarter Sessions at the Place and Times hereinbefore appointed: And the said Justices of the Peace, and every of them, at all Times during their continuance in Office, as well within their Inferior Courts of Pleas and Quarter Sessions as without, shall have and exercise the same Powers and Authorities, and be subject to the same Forfeitures and Penalties, as other Justices of the several Counties within this Province are liable to.

VI. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Justices of the said County to lay a Poll-Tax on the Inhabitants thereof, not exceeding One Shilling Proclamation Money, per Annum for the Term of Two Years, for building a Court House, Prison and Stocks, in the said County, at the Town of Brunswick; which said Tax shall be collected by the Sheriff of the said County, at such Times, and in the same Manner, as other Taxes are collected, and shall be paid to the Person or Persons who shall be impowered to receive the same.

VII. 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 New Hanover, or the Sheriff of the said County of Bladen, as the same Counties respectively stand undivided, to make Distress for any Tax, Levies, Fees, or other Dues, that shall be due from the Inhabitants of the said Counties on the Tenth Day of March, in the same Manner as by the said Sheriffs respectively could or might have been done if the said Counties had remained undivided; and the said Taxes, Levies, Fees, and other Dues, shall be collected and accounted for in the same Manner as if this Act had never been made; any Thing herein contained to the Contrary notwithstanding.

VIII. And to the End that no Action commenced in New Hanover County

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or Bladen County, be defeated by the Division aforesaid; Be it Enacted by the Authority aforesaid, That where any Action is already commenced in the County of New Hanover, or in the County of Bladen, and the Parties or Evidences, shall be Inhabitants of Brunswick County, all subsequent Process against such Parties or evidences shall be directed to be executed by the Sheriff of New Hanover County, if such Evidence was commenced in New Hanover County, or to the Sheriff of Bladen, if such Action was commenced in Bladen County, to the End and final Determination of the said Causes; any Law, Usage, or Custom to the Contrary notwithstanding.

IX. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act, the said County of Brunswick shall be, continue and remain, Part of the District of the Superior Court of Justice to be held at Wilmington, for the Counties of New Hanover, Bladen, Onslow, Duplin, and Cumberland; and the Justices of the Court of the said County of Brunswick, shall, and they are hereby directed, at the Court to be held for the said County next preceding every Superior Court, to nominate Eight 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 summon the Persons so nominated to serve as Jurymen at the Superior Court of Justice held for the District of Wilmington; which Jurymen so nominated, shall have and receive, the same allowances, and shall be under the same Rules, Fines, and Restrictions, as other Jurymen are in the respective Counties of this Province; and the Sheriff of the said County of Brunswick shall, from Time to Time, account for and pay to the Public Treasurer for the Southern District of this Province for the Time being all Public Levies by him Collected, or wherewith he shall stand Chargeable, in the same Manner, and under the same Pains and Penalties, as other Sheriffs of the said District.

X. And whereas the Jurors appointed by the Jury Act to serve at the Superior Court for the District of Wilmington, were limited to sixteen for the County of New Hanover; Be it therefore Enacted by the Authority aforesaid, That the Jurors attending the said Superior Court, after the passing of this Act, shall be only Eight for the said County of New Hanover; any Thing in the aforesaid Act for appointing Jurors to the contrary notwithstanding.

XI. And be it Further Enacted by the Authority aforesaid, That the several and respective Sheriffs to be commissioned for the said County of Brunswick, shall be in the same Manner as is directed for appointing and commissioning the Sheriffs in the other Counties in this Province; and the said Sheriffs so commissioned for the said County of Brunswick, shall account for and pay to the Treasurer of the Southern District all Monies which he shall or ought to receive, in the same Manner as other Sheriffs, and shall have and exercise the same Powers and Authorities, and be liable to the Fines, Forfeitures, and Penalties, as are directed and Inflicted by the several Acts of Assembly of this Province in such Cases made and Provided.

XII. And be it further Enacted, by the Authority aforesaid, That the Justices of the County of Brunswick are hereby impowered and directed to employ, or cause to be employed, Workmen for building a Court House, Stocks, Prison and Pillory in the said Town of Brunswick, for the Use of the said County of Brunswick; and the said Court, and all Causes, Matters and Things, in the same depending, after such Court House shall be so built, shall stand adjourned from the Place where the Court shall before have been held, to the Court House.

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XIII. And be it further Enacted, by the Authority aforesaid, That William Dry, Robert Howe, William Bartram, Hugh Waddle, and Robert Johnston, Esqrs., be appointed Commissioners, and they or any Three of them, are hereby impowered and directed to run a dividing Line between the County of Bladen and Brunswick County, agreeable to the Directions in this Act before mentioned; which said Commissioners shall be paid their necessary Expenses for running the said Lines, by the Court of their several Counties, out of the County Tax.

XIV. Provided always, That nothing herein contained shall be construed, deemed, or taken, to derogate from the Right and Royal Prerogative of his Majesty, his Heirs and Successors of granting Letters of Incorporation to the said County of Brunswick, and directing the Election of a Member or Members to represent the said County in General Assembly, of granting Markets and Fairs to be kept and held therein; 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.

XV. And whereas by Reason of the large extent of the County of Granville, it is greatly inconvenient for the Inhabitants, to attend the Courts of the said County, General Musters, and other Public Duties by Law required: Be it Enacted by the Authority aforesaid, That from and after the Tenth Day of June next, The said County of Granville shall be divided into Two Distinct Counties: and that all that Part of the said County which is now called or known by the Name of the Parish of Granville, from and after the said Tenth Day of June, shall be a Distinct County, and remain to be called Granville County: and that all that Part of the said County called and known by the Name of St. John's Parish, shall, after the said Tenth Day of June, be another Distinct County, called by the Name of Bute County.

XVI. And be it further Enacted by the Authority aforesaid, That after the said Tenth Day of June, a Court for the said County of Granville shall be quarterly held by the Justices thereof at the Place in the said County known by the Name of Oxford, upon the Days, and on the Times by Law appointed for that purpose: and also that a Court for the said County of Bute shall be quarterly held by the Justices thereof, on the Land of Jethro Sumner, at a Place known by the Name of Buffalo Race-Path, upon the Third Tuesday in February, May, August, and November, in every Year, as by the Laws of this Province is or shall be provided and as by commission, shall be directed to the Justices of the said Counties respectively.

XVII. And be it further Enacted, by the Authority aforesaid, That from and after the said Tenth Day of June next, all Causes, Pleas, Writs, Actions, Suits, Plaints, Process, Precepts, Recognizances, and other Matters and things, in the said County of Granville depending, shall stand adjourned and continue from the present Court House, to Oxford: and all appearances and Returns of Process shall be made on the Days by Law appointed for holding the said Court at Oxford; 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 which shall be commenced before the said Tenth Day of June next, and not determined in the said Court of Granville, shall be directed to, and executed by the Sheriff of the County of Granville, to the Final Determination of such Causes: any Law, Usage or Custom to the Contrary notwithstanding.

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XVIII. And be it further Enacted, by the Authority aforesaid, That after the said Tenth Day of June, the said County of Bute shall be, continue and remain, Part of the District of the Superior Court of Justice to be held at Halifax, for the Counties of Northampton, Halifax, Edgecomb, Granville, Johnston and Orange; and the said Justices of the Court of the said County of Bute shall and they are hereby directed, at the Inferior Court next before every Superior Court of the said District to nominate Four Freeholders to serve as Grand and Petit Jurors at such Superior Court.

XIX. 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 Granville, as it now stands, to make Distress for any Levies, Fees, or other Duties, that shall be due from the Inhabitants of the said County on the said Tenth Day of June, in the same Manner as he might or could by Law have done if the said County had still 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.

XX. And whereas the Jurors appointed by the Jury Act to serve at the Superior Courts for the District of Halifax, were limited to eight for the County of Granville; Be it therefore Enacted by the Authority aforesaid, That the Jurors attending the said Superior Court after the passing this Act, shall be only Four for the said County of Granville; any Thing in the aforesaid Act for appointing Jurors to the contrary notwithstanding.

XXI. And be it further Enacted by the Authority aforesaid, That the Sheriff of the said County of Bute for the Time Being, after the said Tenth Day of June, shall account with and pay to the Public Treasurer of the Northern District of this Province, all Public Monies by him to be collected, under the same Rules and Restrictions, Fines, Penalties, Process, and Remedies, as other Sheriffs are by Law subject to.

XXII. Provided always, That nothing herein contained shall be construed, deemed, or taken 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 Bute, and of ordering, appointing and directing the Election of a member or Members to represent the same in general Assembly and of granting Markets and Fairs to be kept and held in the said Counties respectively; but that the said Right and Prerogative shall be at all times hereafter exercised 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.

XXIII. And be it further Enacted, by the Authority aforesaid, That Mr. Samuel Benton, Mr. Robert Harris, and Mr. Philip Taylor, or a majority of them, be, and are hereby appointed Commissioners, and are 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 Granville; and that Mr. Solomon Alston, Mr. William Johnston, and Mr. Julius Nichols, or a Majority of them, be and are hereby appointed Commissioners, and are 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 Bute.

XXIV. And for reimbursing the said Commissioners the Money they shall expend in erecting the said Buildings, Be it therefore 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 November next;

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and that all Persons in either of the said Counties who shall neglect to pay the said Tax after the first 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 are hereby required and directed, on or before the tenth Day of June, in the said Years respectively, to account for and pay the said Monies by them to be collected, to the Commissioners aforesaid, after deducting six per cent for his Trouble in collecting the same, that is to say, as much thereof as shall be levied on the taxable Persons, of the said County of Granville to the aforesaid Samuel Benton, Robert Harris, and Philip Taylor, the Survivor or Survivors of them; and such Part of the same as shall be levied on the Taxable Persons of the County of Bute, to the aforesaid Solomon Alston, William Johnston, and Julius Nichols, the Survivors or Survivor of them; and in Case of Failure or neglect therein by the Sheriff, he shall be liable to the same Penalties, Restrictions and Remedy, for performing the Payment thereof, as by Law may be had against Sheriffs who neglect or refuse to account for and pay Public Taxes.

XXV. 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.

CHAPTER XV.
An Act to impower the Sheriff of the County of Orange for the Time Being, to collect and apply the Arrears of the Taxes due in the said County for the several Years therein Mentioned.

I. Whereas by Reason of the extensive and unsettled Situation of the County of Orange, great Deficiencies have arisen in the Collection of the Taxes for the said County, for the Years One Thousand Seven Hundred and Fifty Six, One Thousand Seven Hundred and Fifty Seven, One Thousand Seven Hundred and Fifty Eight, One Thousand Seven Hundred and Fifty Nine, One Thousand Seven Hundred and Sixty, and One Thousand Seven Hundred and Sixty One, whereby the then Sheriffs, and their Securities, are become liable to the Payment of Large Sums, which they were unable to collect during their Continuance in the said Office:

II. Be it therefore Enacted, by the Governor, Council, and Assembly and by the Authority of the same, That from and after the passing of this Act, the Sheriff of the said County of Orange for the Time Being, shall have full Power and Authority to receive and Collect the Arrears of the Taxes due for the One Thousand Seven Hundred and Fifty Six, One Thousand Seven Hundred and Fifty Seven, One Thousand Seven Hundred and Fifty Eight, One Thousand Seven Hundred and Fifty Nine, One Thousand Seven Hundred and Sixty, and One Thousand Seven Hundred and Sixty One, in the said County, in the same Manner and Form as other Taxes are by Law to be collected.

III. And be it further Enacted, That the Sheriff of the said County for the Time Being, do collect and receive such Deficient Taxes, according to the List and Rates, for each of the said Years respectively appointed.

IV. Provided nevertheless, That if any Person against whom any Demand for such deficient Taxes shall be made, shall produce a Receipt or

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Receipts of his having paid the same; or in case of the Loss or mislaying of such receipt or Receipts, shall make Oath before any Justice of the Peace within Ten Days after such Demand made, of his having paid and discharged the same, or Part thereof, or that he was not at that Time a Taxable in the said County, and obtain a Certificate of the same from such Justice, such Person shall be exonerated and cleared from the said Demand, either in Part or Whole, as the Case may be.

V. And be it further Enacted, by the Authority aforesaid, That the Sheriff of the County of Orange for the Time Being, shall, within Two Months after the passing of this Act, give Public Notice, by advertising the same at the Court House, and other Places of Resort in the said County, of the Time and Place he shall attend to receive such Deficient Taxes, at least one Month before he shall make Distress for the same; and all Persons paying the same on or before the Time appointed by such Notice, shall not be liable to any Cost or Charge.

VI. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall fail to pay such deficient Taxes agreeable to this Act, it shall and may be lawful for the Sheriff of the said County for the Time being, to make distress for the same in the same Manner as by Law appointed for Sheriffs to distrain in other Cases, and shall take and receive the usual Fees upon the same; and the said Sheriff of the said County for the Time Being, shall be intitled to the same Fees for receiving and Collecting such Deficient Taxes, as are by Law allowed to Sheriffs for such Services.

VII. And be it further Enacted, by the Authority aforesaid, That the Sheriff or Sheriffs of the said County of Orange, concerned in the Collecting and receiving such Deficient Taxes shall account for the same by him or them respectively received by Virtue of this Act, on or before the tenth day of October next, which will be in the present year of our Lord One Thousand Seven Hundred and Sixty Four, by paying such deficient Taxes so by him collected, into the hands of Mr. Tyree Harris, to be applied as hereafter shall be directed: And the said Sheriff or Sheriffs so collecting or receiving such deficient Taxes as aforesaid, shall distinguish, and render a separate Account of the respective Sums by him or them collected for each of such deficient Years, separately; and in case of his or their Refusal or Neglect to comply with the Direction of this Act, it shall and may be lawful to have such Proceedings and Remedy against him or Them, as against Sheriffs in the like Cases are provided.

VIII. And be it further Enacted, by the Authority aforesaid, That all such Sums of Money so to be collected by the said Sheriff or Sheriffs, and by them to be accounted for and paid into the Hands of the said Tyree Harris, shall be by him applied to reimburse, satisfy, and discharge such Payments, Damages or Executions, which the Securities for the Persons acting as Sheriffs for each of such Deficient Years respectively, may, actually and Bona Fide, appear to have suffered at this Time, or at any Time before a final Application of the Money so to be received and applied under the Directions of this Act: And if the Sums so to be collected and received shall not be sufficient for discharging the Whole of such Damages, Exceptions, or Payments, then, and in that Case, the said Tyree Harris, is hereby directed and impowered, to apply such Sums so collected and Received, in Proportion to the Loss or Damage by any Security or Securities actually sustained as aforesaid, and the Amount of the deficient Taxes received for the Particular Years in which they were Securities; and the said Tyree Harris is hereby enjoined and directed, to make out such Proportionable

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Application of the Money so by him to be received, according to the true Intent and Meaning of this Act, and within Three Months after the Receipt of such Deficient Taxes so to be collected as aforesaid; And further that he do upon Oath, lay an Account of his Proceedings therein before the next succeeding Court of the said County, with a Particular Account of all Monies he shall have received by virtue hereof, distinguishing the amount received for each of such Deficient Years, and the Particular Manner and Proportion in which he hath applied the same: Which Account the said Court are hereby impowered to require from Him, and to make such Final Order or Alterations, upon due Examination of the whole Proceedings therein as they shall judge fit; any Law or Usage to the contrary in any wise notwithstanding.

CHAPTER XVI.
An Act for ascertaining a proper Place for building thereat a Court-house, Clerk's Office, Prison and Stocks, for the County of Edgecomb.

(Printed in Private Acts, post.)

CHAPTER XVII.
An Act directing the Boundary Line between the County of Dobbs and Pitt, and appointing Commissioners to see the same Run.

I. Whereas the Act of Assembly intituled, An Act for erecting the upper Part of Beaufort County into a County and Parish, by the Name of Pitt County, and St. Michael's Parish; and for adjourning the Court from the Court House on the Land of Thomas Bonner, to the Court House in Bath Town, and other Purposes therein mentioned; no Commissioners were appointed by the said Act for running the Boundary Line between the Counties of Dobbs and Pitt; by reason whereof the Line has never been run; and the Inhabitants within the disputed Bounds refuse to give in a list of their Taxables, or pay their Taxes in either of the said Counties: For Remedy whereof,

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That Mr. Richard Caswell, Mr. John Simpson, and Mr. William Wilson, be appointed Commissioners, and they are hereby impowered and required to run the said dividing Line between the Counties of Dobbs and Pitt; from Blount's Ford on Little Cotentney Creek, to Luke White's, then up the middle Swamp to William Wilson's, and from thence to the nearest part of Edgecomb County; which said Lines, when run by the Commissioners aforesaid, or any two of them, shall be by them entered on Record in the Court of Each of the said Counties of Dobbs and Pitt, and shall thereafter be deemed and taken to be the dividing Lines between the said Counties.

III. And for defraying the Charge of running the said Line, Be it further Enacted by the Authority aforesaid, That the Inferior Courts of each of the said Counties of Dobbs and Pitt shall lay a sufficient Poll Tax on the Inhabitants of their respective Counties (which shall be levied in the same manner as other Public Taxes) as shall be sufficient to pay and satisfy their respective Commissioners for the Charge and Trouble in running the aforesaid Line.

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CHAPTER XVIII.
An Act for altering the dividing Line between the Counties of Bladen and Cumberland.

I. Whereas the dividing Line between the Counties of Bladen and Cumberland, running North East and South West, is found to be inconvenient to the Inhabitants of both the said Counties.

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the passing of this Act, the dividing Line between the said Counties of Bladen and Cumberland, shall begin at the mouth of Rock Fish and shall run a due East Course to Black River, and from the Mouth of Rock Fish Creek, up the said Creek to Gravely Hill, and from thence a due West Course to Drowning Creek; and all the Lands to the Northward of the said Line shall from henceforth be deemed and held to be a Part of Cumberland County, and all the Lands to the Southward of the said Line shall be deemed and held to be a Part of Bladen County; any Law to the Contrary notwithstanding.

III. And be it further Enacted, by the Authority aforesaid, That Mr. Isaac Jones, Mr. Farquard Campbell, and Mr. Walter Gibson, be, and are hereby appointed and authorized Commissioners, and are hereby impowered and Directed to run the said Line between the said Counties of Bladen and Cumberland.

IV. And be it further Enacted, by the Authority aforesaid, That the Justices of the Peace of the said County of Cumberland are hereby impowered and directed to defray the Expenses of running the said dividing Line out of the County Tax.

V. And be it further Enacted, by the Authority aforesaid, That nothing herein contained shall be construed to debar the Sheriffs of the aforesaid Counties, as the same now stand, to make distress for any Levies, Fees, or other Dues, that are now due, or that shall be due the Tenth Day of March next, from the Inhabitants of the said Counties; but that they may make Distress in the same Manner as by the Law the said Sheriffs could or might have done if the said dividing Line had remained without Alteration; and the said Levies, Fees, and other Dues, shall be collected and accounted for in the same Manner as if this Act had never been made; any Thing herein contained, to the contrary notwithstanding.

CHAPTER XIX.
An Act for annexing Part of Craven County to Dobbs County.

I. Whereas the Inhabitants residing in that Part of Craven County, lying on the southermost side of the Southwest Creek, and the upper Branches of Trent River, labor under great Hardships, Fatigue, and Inconveniences, in attending the Inferior Courts, and other Public Meetings in the said County, at New Bern, where the same are generally held and called; and as the said Inhabitants are more contiguous to Dobbs County, where they can with greater ease and Convenience attend, are desirous of being annexed thereto.

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That Mr. Joseph Leech, Mr. Richard Caswell, and Mr. Francis Mackilwean, be, and they are hereby appointed Commissioners; and they or a Majority of them, are required and directed, within three

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Months after the passing of this Act, to run and Mark, or cause to be run and marked, a Line from the South West Bridge near James Caddel's to Carnegy's Old Field, and Rattle Snake Branch; then a direct Line to William Randal's Mill, on Trent River; then to a Place where Abraham Bailey lately lived; and from thence South to the Bounds of Onslow County; and that all that Part of Craven County lying to the Westward of those Lines be annexed to Dobbs County; and the Inhabitants thereof shall be liable and subject to the same Duties, Taxes, and Impositions and intitled to the same Privileges, Benefits, and Advantages, as the other Inhabitants of the said County of Dobbs.

III. Provided always, That nothing herein contained shall be construed to debar the Sheriff of Craven County from making Distress for any Levies, Fees or other dues, which are or shall be due on the Tenth Day of March next, from the Inhabitants of that part of Craven County by this Act annexed to Dobbs County, in the same Manner as by Law the said Sheriff might or could have done if this Act had never been made; any Thing herein contained, to the contrary, notwithstanding.

IV. And be it further Enacted, by the Authority aforesaid, That all and every Act and Acts of Assembly of this Province, and each and every Clause and Article thereof, so far as relates to any Matter or Thing within the Purview of this Act is and are hereby repealed and made void, to all Intents and Purposes, as if the same had never been made.

CHAPTER XX.
An Act for the Building of a house for a school and the residence of a school Master in the Town of New Bern.

(Printed in Private Acts, post.)

ARTHUR DOBBS, ESQ., Governor.
Jas. Murray, President.
JOHN ASHE, Speaker.

Read Three Times and ratified in open Assembly 9th Day of March 1764.