powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Acts of the North Carolina General Assembly, 1764
North Carolina. General Assembly
October 25, 1764 - November 27, 1764
Volume 23, Pages 632-659

-------------------- page 632 --------------------
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 from thence continued, by prorogation to the Twenty Fifth Day of October in the Year of our Lord One Thousand Seven Hundred and Sixty Four: Being the Second Session of this present Assembly. Arthur Dobbs, Governor.

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

I. Whereas it has been doubted, whether the Chief Justice of this Province for the Time being, has power given him by Law to hold either of the Superior Courts in the Absence of his Associate; 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, it shall and may be lawful for the Chief Justice for the time being to hold all and every one of the said Superior Courts by himself, in the absence of his Associate; and he is hereby declared to have full power, to all intents and purposes, to have, use and exercise, the same power, Jurisdiction and Authority, in every Respect, as the said Chief Justice and his Associate might have lawfully used and exercised before the passing of this Act.

III. And whereas it hath been found inconvenient, that Causes set for Argument, should be heard and determined within the four last days of the Term; For Remedy whereof, Be it Enacted by the Authority aforesaid, That for the future, all Arguments, Writs of Error, Special Verdicts, Cases Agreed, Demurrers, Petitions for Legacies and Distributions of Intestate Estates shall be heard and determined within the four first days of the Court.

IV. Provided nevertheless, That nothing herein contained shall be construed to bar or hinder the Court from the Trial of Jury Causes in any of the said first four days, or hearing any argument in any of the above Cases on any other day of the Court.

V. And whereas the allowance by Law for the Associate of Salisbury District, is found inadequate for his trouble and expence; Therefore be it Enacted by the Authority aforesaid, That for the future, the Associate for the said District shall have and receive the sum of twenty-five Pounds, Proclamation Money, for every Court he shall hold as an additional Salary; to be paid him in the same manner, and at the same time as he is to receive his salary by virtue of the aforesaid act for establishing Superior Courts.

VI. And whereas the before recited Act for establishing Superior Courts, will expire at the end of the next Session of Assembly that shall be held after the first day of January next; and the same, by experience has been found of general Utility to this Province; Therefore, be it Enacted, by the

-------------------- page 633 --------------------
Authority aforesaid, That the aforesaid Act of Assembly shall continue and be in force, from and after the first day of January next, for and during the term of two years, and from thence to the end of the next Session of Assembly, and no longer; any law to the contrary notwithstanding.

CHAPTER II.
An Act to amend and continue an Act, intituled, An Act to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province.

I. Whereas the several Days appointed by the aforesaid Act, for holding the Inferior Courts of the Counties of Halifax, Northampton, Bertie, and Carteret, have been found inconvenient for those whose Business it is to attend such Courts: 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 First Day of December next, the Inferior Courts of Pleas and Quarter Sessions for the aforesaid several Counties, shall be held on the days following, instead of the Days heretofore appointed for holding such Courts; to-wit, Halifax, on the First Tuesday in January, April, July and October. Edgecomb, on the second Tuesday in January, April, July, and October. Bute on the last Tuesday in January, April, July, and October. Granville on the First Tuesday in February, May, August and November. Orange and Northampton, on the second Tuesday in February, May, August and November. Bertie on the Fourth Tuesday in March, June, September, and December. Carteret on the Third Tuesday in March, June, September, and December in every year.

III. And be it further Enacted, by the Authority aforesaid, That in all cases, wherein by any Act of Assembly, Action is given, or Recovery directed to be had, in any County Court, or in any of the late Inferior Courts of Pleas and Quarter Sessions, or where any Power or Authority is given to either of the said Courts, such Action shall and may be tried and such Power and Authority is hereby declared to be vested in the Justices of the respective Inferior Courts by the said Act established. Provided, Nothing herein expressed, shall be construed to impower the Inferior Courts to take Cognizance of any Matter or Thing by Civil Action where the Plaintiff's Demand shall exceed Twenty Pounds, Proclamation Money.

IV. And whereas the Method appointed by Act of Assembly for obliging the Clerks of the Inferior Courts to account with the Governor or Commander in Chief for the time being, hath proved ineffectual, Be it therefore Enacted, by the Authority aforesaid, That when a motion shall be hereafter made against any Clerk for Fees, which such Clerk ought to be accountable for to the Governor or Commander in Chief, the Sum supposed to be due, shall be specified in the Notice served on such Clerk, (at least ten Days before such motion) who, on appearing thereto, shall render an account, upon Oath, for all such monies as he hath, or ought to have received for such Governor, or Commander in Chief, and pay the same; and on failure so to do, the Court shall give judgment for the whole Sum mentioned in such Notice and award Execution thereon.

V. And be it further Enacted, by the Authority aforesaid, That all Actions, Suits, Writs, Process, Petitions, Indictments, Informations, or Presentments whatsoever, heretofore commenced in, issued from, or returnable to the respective Courts the Time for holding of which is altered by this Act, shall be, and are hereby continued to the particular Days and Times

-------------------- page 634 --------------------
hereby appointed; and all Subpoenas for Witnesses and Recognizances for the Appearance of Persons at the said Courts, as effectual as if the particular Day for holding any of the said Courts had been mentioned therein; and the Persons summoned as Witnesses, and entering into such Recognizances, bound to appear accordingly.

VI. And whereas the aforesaid Act of Assembly will expire on the First Day of January next, and the same by Experience has been found to be of general Utility to this Province: Therefore, Be it Enacted, by the Authority aforesaid, That the aforesaid Act shall continue and be in Force, from and after the First Day of January next, for and during the Term of Two Years, and from thence to the End of the next Session of Assembly, and no longer; any Law to the contrary notwithstanding.

CHAPTER III.
An Act for continueing an Act, intituled, An Act directing the Method of appointing Jurymen in all Causes, Criminal and Civil.

I. Whereas the said recited Act will soon expire, and some Defects have, by Experience, been found therein, which renders it necessary to continue and amend the same;

II. Be it therefore Enacted, by the Governor, Council and Assembly, and it is hereby Enacted, by the Authority of the same, That from and after the Passing of this Act, Suits depending or prosecuted in any of the Superior Courts of Justice within this Province, wherein the Title or Bounds of Land shall come in Question, if it shall appear to the Court that it will be necessary that the Jurors who are to try the Issue joined in any such Suit, should have a View of the Messuages, Lands or Place in Question, in order to their better understanding the Evidence that will be given upon the trial of such Issue; in every such Case the Court in which such Suit shall be depending, may (on Reasons being shewn, and approved by such Court) order special Writs of Venire Facias, or Habeas Corpora, to issue by which the Sheriff or other such Officer to whom the said Writ shall be directed, shall be commanded to have the Jurors named in such Writ, or Six of them at Least at the Place in Question, some convenient Time before the trial of such Cause; who then and there shall have the Matter in Question shewn to them, by Two Persons in the said Writ named, and to be appointed by the Court; and the Sheriff or other Officer shall certify of the said Writ, what Proceedings have been had thereon.

III. And be it further Enacted, by the Authority aforesaid, That where a View shall be ordered as aforesaid, the Jury appointed for that Purpose, shall be struck in Manner following, to-wit, The Plaintiff and Defendant, or their Attornies, shall deliver to each other, a List containing the Names of twelve honest freeholders inhabiting within the district of the Court ordering such View; and each party having struck out six of the names on the said List, the Persons whose Names are remaining thereon, shall be the Jurors to have such View; and if either Party shall refuse to comply with the Directions of this Act in striking such Jury, the Court shall strike Six Jurors in the Stead of him so refusing.

IV. And be it further Enacted, by the Authority aforesaid, That when a special Jury shall be allowed as aforesaid, Six of the Jurors named in the Pannel, or more, who have had such View, and appear, shall be first sworn on the Trial of the Issue joined in the Cause, before any others shall be

-------------------- page 635 --------------------
balloted; and so many only shall be balloted and added to the Viewers who appear, as, after all Defaulters and Challenges allowed, make up the Number of Twelve to be sworn.

V. And be it further Enacted, by the Authority aforesaid, That when any such View shall be ordered as aforesaid, the Court allowing the same, may, if it shall appear necessary, order any Surveyor or Artist to attend the same, and to run out, and survey the Lands and Lines in Dispute, in such Manner as each Party and the Viewers shall direct, and to make Three accurate Plans of such Surveys, and return the same to such Court; which Order such Surveyor or Artist is hereby required to obey.

VI. And be it further Enacted, by the Authority aforesaid, That the Sheriff or other Officer to whom such Writ or Distringas, or habeas Corpora, shall be directed, shall summon the Jurors therein Named to appear at the Place to be viewed, at least Five Days before such View is to be had; and every Juror being so summoned and failing to attend and take such View, or to attend the Court to try the Issue in the Cause, shall be fined by the Court for every such Neglect a Sum not exceeding Three Pounds Proclamation Money; to be levied as other Fines set on Jurymen, and applied to the Use of the County wherein the Lands in Dispute are situate; unless the Person fined shall, on Oath, shew to the Court sufficient Reason for such Failure or Neglect.

VII. And be it further Enacted, by the Authority aforesaid, That the Jurors attending such View, and at the Court in the Tryal of such Issue, shall have the same allowance as Jurors are intitled to who attend at the Superior Courts of Justice; and the Sheriff shall be allowed Ten Shillings per Diem, for attending at such View, to remove Force, if any shall be offered; and the Surveyor or Artist shall have and receive Twenty Shillings Proclamation Money, per Diem, for travelling to and from, and attending at the Place of such View, and discharging his Duty as by this Act required; which several Allowances shall be taxed and allowed in the Bill of Costs.

VIII. Provided always, That if it shall appear upon the Tryal of any such Cause, that the Striking of a Special Jury was altogether unnecessary, the Party who applied for the same, shall pay all the Extraordinary Expences occasioned by striking such Jury; and shall have no other allowance of Costs than he would be intitled to, if the Cause had been tried by a Common Jury.

IX. And whereas the Jurors appointed for the Superior Courts are very remiss in giving their Attendance, to the great Hinderance of Business; Be it therefore Enacted, by the Authority aforesaid, That hereafter, when any Person nominated as a Juror to attend at either of the said Courts, shall fail to give due Attendance at the same, it shall and may be Lawful for the said Court to fine the Person so Failing, any Sum not exceeding Five Pounds, Proclamation Money, instead of the Sum mentioned in the said recited Act; unless such Person can shew a Reasonable Excuse for such Failure.

X. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act, no Person owning a Public Grist Mill, shall be excused from serving as a Juror at any Superior or Inferior Court, to which he may be summoned; unless such Person doth make it appear to such Court, upon Oath, that he doth in Person actually attend such Mill as the Miller thereof: Any Thing in any Former Act of Assembly to the contrary notwithstanding.

XI. And whereas the Business of the Inferior Courts of Pleas and Quarter Sessions, does not require such constant Attendance of Grand Jurors as by

-------------------- page 636 --------------------
the before recited Act is directed; Be it Enacted, by the Authority aforesaid, That from and after the First Day of January next, every Sheriff shall summon Twenty Four Grand Jurors, to attend at the Inferior Court of Pleas and Quarter Sessions for his County, once in Six Months only; that is to say, at the Court next preceding the Superior Court of the District; Any Thing contained in the said Act to the contrary notwithstanding.

XII. And be it further Enacted, by the Authority aforesaid, That so much of the said recited Act as is not otherwise provided for by this Act, and all the Powers and Authorities therein contained, shall continue and remain in full Force and Effect for Two Years, from and after the aforesaid First Day of January next, and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER IV.
An Act for rendering more Effectual the Laws making Lands and other Real Estates liable to the Payment of Debts.

I. Whereas by an Act of Parliament passed in the Fifth Year of the Reign of his late Majesty King George the Second, intituled, An Act for the more easy Recovery of Debts in his Majesty's Plantations and Colonies in America, among other Things it is Enacted, That the Houses, Lands, Negroes, and other Hereditaments and Real Estates, situate and being in any of the said Plantations, belonging to any Person indebted, should be liable to, and chargeable with all the just Debts, Duties and Demands, of what Nature or Kind soever, owing by any such Person to his Majesty, or any of his Subjects; and may be seized, extended, sold, and disposed of, for satisfying the same; and many Lands and other Real Estates within this Province have been accordingly been seized and sold, for paying and satisfying Debts and Duties owing to his Majesty and others by the Inhabitants thereof, as well in the Lifetime of such Debtors, as after their Decease: Notwithstanding which, it hath of late been doubted whether such sales are well and sufficiently warranted by the said Statute; by Reason whereof, the Titles of many fair and honest Purchasers are likely to become precarious, and the Credit of the Province much lessened; For Prevention whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and it is hereby Enacted, by the Authority of the same, That every Conveyance and Sale heretofore made by any Sheriff or other Officer, of any Lands and other Real Estates, by Virtue of any Writ of Fieri Facias issued against such Estates in the Lifetime of the Person seized thereof, or after his Decease, on Judgment obtained against his or her Executors or Administrators, where the Court which rendered such Judgment have adjudged the Lands and other real Estate of such deceased Person to be Assets for satisfying the Debt or Damages recovered against his or her Executors or Administrators, shall be good and Valid, and are hereby declared to be effectual and sufficient in Law to convey, assure and confirm, to every Person and Persons claiming under such Conveyances and Sales, their Heirs and Assigns, all the Estate, Claim, Title, and Right of Entry which the Person or Persons so being or dying seized of any such Lands or other real Estates, had, or was intitled to.

III. Provided always, That nothing herein contained shall tend to validate or confirm any such Conveyance, or render the Title of a Person defective, who shall have bona fide purchased any Land or other real Estate, from

-------------------- page 637 --------------------
the Heir or Devisee of any Deceased Debtor, and shall have a Deed for the same, duly proved and registered, before such Lands or other real Estate were adjudged to be assets for paying his or her Debts as aforesaid; any Thing herein contained to the contrary, notwithstanding.

IV. And be it further Enacted, by the Authority aforesaid, That the lands, Hereditaments, and other real Estates, of every Person or Persons seized of any such Estates scituate within this Province, shall, and are hereby declared to be liable to, and chargeable with, all the just Debts, Duties and Demands whatsoever, owing by any such Person to his Majesty, or any of his Subjects, as well in the Lifetime of such Person, as after his or her Decease; and shall and may be seized, taken, sold, and disposed of, for satisfying such Debts; any Law or Usage to the contrary, notwithstanding.

V. And be it further Enacted, by the Authority aforesaid, That when any Suit shall hereafter be commenced against an Executor or Administrator, and there shall not be sufficient personal estate in the Hands of the Defendant to be administered, to satisfy the Debt or Damages sued for; the Defendant shall plead the true State of the Case, upon Oath, and thereby shew the Amount of the Personal Assets remaining in his or her Hands, what oustanding Debts and other Assets are likely to come to his Possession thereafter, what Lands or other Real Estate the Testator or Intestate died seized of, or was intitled to at the Time of his Death, where the same are Scituate, and to whom such Estate hath descended or been devised, if any Descent or Devise thereof hath happened; and thereupon the Court before whom such Suit shall be depending, shall order a Summons to Issue for such Heir or Devisee, to appear and shew Cause why the Plaintiff shall not recover in his or her Suit, or why such Lands and Real Estate shall not be liable to the Plaintiff's Demand; And if there be no Heir or Devisee, or where there are any such, and shall not, on being summoned, appear and shew sufficient Cause as aforesaid, Execution shall be awarded against the Lands, Hereditaments, and other real Estates of the Person Deceased, which shall and may thereby be taken, seized, and sold, for satisfying the Debt or Damages, and Costs, which the Plaintiff shall recover.

VI. And be it further Enacted, by the Authority aforesaid, That when any Lands or other Real Estate descended to an Heir, or devised to a Devisee, shall be sold to satisfy any Debt or Demand recovered against an Executor or Administrator, and personal Assets shall after come to the Hands of such Executor or Administrator, to be administered, more than sufficient to pay, and all the Debts and Demands wherewith the deceased Debtor stood chargeable at the Time of his Death; in that Case such Executor or Administrator shall reimburse and pay to such Heir or Devisee, the Monies levied on the Lands descended or devised to him, out of such Personal Assets.

VII. And be it further Enacted, by the Authority aforesaid, That where it shall be necessary to summon the Heir or Devisee of any Person Dying indebted as aforesaid, who shall reside out of the County, the Summons issued in such Case shall be directed to the Sheriff of the County where the Lands or other Real Estates are scituate; which Sheriff shall make Proclamation at the Inferior Court of his County at Three Courts successively, while the Court is sitting, for the Person directed to be summoned to appear and shew Cause as aforesaid; which shall be deemed a good Service, and being returned so Executed, shall be proceeded on in Manner directed by this Act.

VIII. And be it further Enacted, by the Authority aforesaid, That where Judgment in any Case hath been, or shall be obtained against an Executor or Administrator, by Confession, Default, or Demurer, or to be levied when

-------------------- page 638 --------------------
Assets shall come to the Hands of the Defendant, the Plaintiff may have a Scire Facias for the Executor or Administrator of the Deceased, and the Heir or Devisee of such Person, suggesting that there are sufficient Lands and other Estate to satisfy such Judgment and Costs; and if it shall appear to the Court that there are not sufficient Personal Assets to satisfy such Judgment, and the Heir or Devisee shall fail to shew sufficient Cause why the Plaintiff ought not to have recovered, or why the Lands and other Real Estate to him or her Descended or devised, shall not be liable to the Plaintiff's Demand; and where there shall be no Heir or Devisee, in every such Case the Plaintiff shall have Execution for his Debt or Damages, and Costs; to be levied on the Lands and other Real Estate of the deceased Debtor.

IX. Provided always, That no Lands or other Real Estate of any Person whatsoever, shall be subject to the Payment of any Debts, Duties, or Demands by him or her due and owing to any Person or Persons whatsoever, (Debts due to his Majesty, and Persons residing in Great Britain, excepted) unless such Debts or Demands shall be sued for within Five Years after the passing of this Act, or the Death of the Person or Persons chargeable with the same.

X. Provided also, That nothing in this Act contained shall be construed to hinder or prevent the Heir or Devisee of any such Person from entering into such Lands or other real Estate as shall descend or be devised to him, her or them; but every such Heir or Devisee may make such Entry, and take and receive the Profits of such Lands or other real Estates to his, her, or their own Use, until such Time as it shall be necessary, to sell and dispose of the same for satisfying the Debts or Demands wherewith the Person or Persons under whom such Heir or Devisee shall Claim, shall stand chargeable at the Time of his or her Death.

XI. And be it further Enacted, by the Authority aforesaid, That where a Fieri Facias hath been, or shall be Issued, against the Lands or other Real Estate of any Person in his or her Lifetime, or after his or her Decease, and the Sheriff or other Officer to whom such Writ hath been, or shall be directed or delivered, hath departed this Life, or been removed from his Office, or shall die or be removed from his Office without compleating the Execution of such Fieri Facias, and executing a Deed for conveying the Title of the Lands required to be sold by such Fieri Facias, to the Purchaser thereof; it shall and may be lawful for any Succeeding Sheriff, and he is hereby required and directed, to proceed in compleating the Execution of such Writ, according to the Command thereof, and in executing a Deed of Bargain and Sale to the Purchaser of the said Lands and Tenements sold thereby; and every such Proceeding shall be as effectual and available in Law to every Intent and Purpose whatsoever, as if the same had been done and performed by the Sheriff or other Officer to whom such Writ was directed or first delivered.

XII. And be it further Enacted, by the Authority aforesaid, That when any Writ of Fieri Facias, shall issue against Lands or other Real Estates, the same shall be in the following Form, mutatis mutandis, viz.:

NORTH CAROLINA.

George the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c. To A. B., Sheriff of the County of —— Greeting. We command you, that you cause to be Made, of the Personal Estate of C. D. in your Bailiwick, (Slaves excepted) if the same be sufficient, and if not, then of the Personal Estate of the said C. D, including Slaves; and if the same be Insufficient, then of the Personal Estate, Lands

-------------------- page 639 --------------------
Tenements, Hereditaments and other Real Estate, of the said C. D. the Sum of —— which E. F. lately in our Superior Court of Justice, held for the District of —— at —— recovered against him for Debt; and also the Sum of —— which were awarded to the same E. F. for his Damages, which he sustained, occasioned as well by the detaining his said Debt, as for his Costs and expences laid out by him in and about his Suit in that Behalf; whereof the said C. D. is convict as appears to us of Record; and have you the said Monies before our said Court at —— aforesaid, on the —— Day of —— next, to render to the said E. F. his Debt and Damages aforesaid: And have you then and there this Writ. Witness, &c.

By Virtue of Which, the Sheriff or other Officer shall levy the Debt or Damages, and Costs, mentioned in such Writ, according to the Command thereof.

XIII. And be it further Enacted, by the Authority aforesaid, That when any Lands or other Real Estate, shall be taken on Execution on a Fieri Facias, the Sheriff or other Officer shall sell the same at public Auction for the best Price that can be got, having first given Public Notice of such Sale at the Court House, and every Church and Chapel in the County, for One Month at least before such Sale; and shall give the Purchaser a Deed of Bargain and Sale, and put him or her into Possession thereof; which Deed being first duly proved or acknowledged and registered, shall, and is hereby declared to be effectual and sufficient in Law, to convey and assure to the Purchaser or Purchasers, his, her, and their Heirs and Assigns, all the Title, Interest, Property Right of Entry, claim and Demand whatsoever, in the Lands or other Real Estate so sold, of the Person or Persons who shall be chargeable with the Debt or Damages mentioned in such Execution, and every other Person claiming by, from or under him or her; and out of the Money arising by such Sale, shall pay and satisfy the Debt or Damages, and Costs mentioned in such Execution, and pay the overplus, if any, to the Person intituled to receive the same.

CHAPTER V.
An Act to prevent the Exportation of Unmerchantable Commodities.

I. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That from and after the Time Inspectors are to be appointed by Virtue of this Act, no Hemp, Flax, Flax Seed, Pork, Beef, Rice, Flour, Butter, Tar, Pitch, Turpentine, Staves, Heading, Shingles, Lumber, Tanned Leather or Deer Skins shall be exposed to Sale for Exportation, or any indigo paid in Discharge of Taxes, until the same shall be duly Inspected, under the Regulations hereinafter expressed; and the Justices of the Inferior Court in every County within this Province are hereby Authorized and required at the first or Second Court to be held in each County, after the passing of this Act, and on the First Court in each County respectively, which shall be held next after the First Day of January in each Succeeding Year, to nominate and appoint in open Court, One or more Fit or proper Person or Persons, residing in the said County, to attend at such Times and Places as are by this Act appointed and directed, (except at Wilmington in New Hanover County, where there shall be Two Inspectors and no more) to inspect all such Hemp, Flax, Flax Seed, Pork, Beef, Rice, Flour, Butter, Indigo, Tar, Pitch, Turpentine, Staves, Heading, Shingles, Lumber, and Deer Skins, within the respective Counties according to the Directions of this

-------------------- page 640 --------------------
Act; And every Inspector so appointed Shall, before he enters upon or executes his Office, enter into Bond, with Two or more Good or Sufficient Securities, in the Penalty of Five Hundred Pounds, Proclamation Money, for the True and Faithful Discharge of his Office, according to the Directions of this Act (which Bond and Securities every such Court respectively is hereby impowered and required to demand, take and Cause to be acknowledged before them in open Court and recorded; which Bond shall be made payable to the Governor, or Commander in Chief for the Time Being, and shall be in Force for the Term of Three Years after such Inspector shall be put out of Office; and that in the Name of the Governor, or Commander in Chief for the Time Being, any Person or Persons injured may and shall, at his, her, or their Costs and Charges, commence and prosecute a Suit or Suits on such Bond, against the Parties therein Bound, their Executors or Administrators, and shall and may recover all Damages, which he, she, or they, may have sustained, by Reason of the Breach of the Condition thereof; and the said Bonds shall not become void from the first recovery, or if judgment shall be given against any plaintiff or plaintiffs who shall sue on such Bond, but may be put in Suit and prosecuted from Time to Time, for the Benefit of the Party or Parties Injured, until the whole Penalty expressed in such Bond shall be recovered. Provided always, That if any Verdict or Judgment shall pass for such Inspector, or his Security, the Person or Persons at whose Instance such Suit shall be prosecuted, shall pay double Costs. And every such Inspector shall also take the following Oath; to-wit:

I, A. B., do swear, That I will faithfully, impartially and diligently, execute the Office of Inspector; and that I will not for Favour, Affection, Prejudice, or Partiality, brand for any Person whatsoever, any Hemp, Flax, Flax Seed, or Barrel of Pork, Beef, Rice, Flour, Tar, Pitch, or Turpentine, Cask or Firkin of Butter, Barrel or Case of Indigo, or pass any Staves, Heading, Shingles, Lumber, tanned Leather or Deer Skins, other than such as are declared lawful by an Act of Assembly, intituled, An Act to prevent the Exportation of Unmerchantable Commodities, according to the Best of my Skill and Judgment. So help me God.

II. And be it further Enacted by the Authority aforesaid, That the Inferior Courts of the respective Counties shall be, and are hereby authorized and impowered, at any Time, to Discharge any Inspector from his said Office, who shall misbehave himself and act contrary to his Duty therein; the Party Complaining giving such misbehaving Inspector Ten Days' Previous Notice, in Writing, of the Complaint against him, with the Particulars thereof; and at the death or on the Disability of any of them, to appoint another, to succeed such Dead, disabled or Misbehaving Inspector: And if any such death should happen in the Vacation of such Courts, it shall be lawful for any Three Justices of such Court, whereof the Chairman or first in Commission who has qualified shall be one, to nominate and appoint some other fit and proper Person as Inspector, till the next succeeding Court for such County; or if any Inspector shall be rendered Incapable of performing his Duty by Sickness or other Accident, it shall then be lawful for the Inspector so disabled or rendered incapable of performing his Duty as aforesaid, by and with the Consent of Three Justices, to appoint some other Person as an Assistant during the said Inspector's Sickness or other disability; which Consent shall be certified under their Hands and lodged with the Clerk of the Inferior Court of the County wherein the Inspector resides; and the person so appointed shall take the same Oath as Inspectors appointed by the Courts, and the Inspector shall be liable to the same Fines

-------------------- page 641 --------------------
and Penalties for the said Assistant's bad Conduct and Misbehavior, as he is liable to for his own.

III. And be it further Enacted, by the Authority aforesaid, That the Places and Landings hereafter mentioned shall be, and are hereby appointed for the inspection of Hemp, Flax, Flax Seed, Pork, Beef, Rice, Flour, Indigo, Butter, Tar, Pitch, and Turpentine, Staves, Heading, Lumber, and Shingles; to which Places all of the said Commodities, before sold or exported, shall be brought, examined and inspected, according to the Directions hereinafter mentioned; That is to say, in New Hanover County, at the Town of Wilmington, New Exeter and New Topsail Sound. In Brunswick County, at the Town of Brunswick. In Onslow County, at Bear Inlet, New River, and Bogue Inlet. In Carteret County, at Beaufort Town, Fort-Point near Old Topsail, the Marsh at Newport Channel, Cole's Landing. Cedar Point, Harcor's Island, and Portsmouth. In Craven County, at New Bern Town, Club Foot's Creek, and Lower Broad Creek. In Beaufort County, at Bath Town, and James Bonner's. In Pitt County at William Spier's, Simpson's and Salter's. In Hyde County, at Woodstock Town, and Sylvester's Landing. In Tyrrel County, at Hog Town, Mill Landing, Gardener's, Daley's, Welch's Creek, Kindrick's Creek, Scuppernong River, Squawasque, Little Alligator, Richard Lurry's, Meacon's Landing, Hill's Landing, and Dawson's. In Chowan County, at Edenton, Old Town Landing, Bennet's Creek at the Bridge, and John Simon's Landing. In Bertie County, at Salmon Creek, Maul's Haven on Roanoke River, at William Gray's Landing, and at Cushie River. In Hertford County, at the Warehouse on Chowan River, Vaupelt's, Wyacon's Creek and Catharine's Creek, Hill's Ferry, Murphey's Landing, and Manney's Landing, Bennet's Creek Bridge, at Mount Sion, and Cotton's Ferry. In Northampton County, the Pitch Landing, Pace's Warehouse, Jones's Warehouse, and the Place where Ragland's Warehouse formerly stood. In Halifax County, at Whitmell Hill's Plantation, at Kahukey, Barnes Landing, Mr. Blake Baker's Landing, and the Town of Halifax. In Edgecomb County, at Howell's Warehouse. In Perquimans County, at Cyprus Bridge, at Hertford, Sander's Landing up the Narrows, John Barrow's, Yopim Creek, at Seth Sumner's Landing at Little River Bridge, Sanderson's Landing, Benjamin Harvey's Landing, at John Barcliff's on Deep Creek, at Captain Joseph Sutton's on Sutton's Creek. In Pasquotank County, at Nixonton, at McKeel's, at Newbegun Creek, at Wind-field, at the Narrows of Pasquotank River, at the Mouth of the River, at Seaburn's Landing, North River, Plank Bridge on Sawyer's Creek, at Aranuse, and at River Bridge. In Currituck County, the South Side of Tulley's Creek Bridge, at Joseph Saunder's, at Moyock, at Indian Town Bridge, at Chiconocomick, at Thomas Paine's Landing, the Head of Tulley's Creek Bridge, at Etheridge's Creek, and Currituck Court House. In Dobbs County, at Dickson's and Kingston. In Cumberland County, at Campbleton.

IV. Provided nevertheless, That any Person or Persons having at any Landing which is not by this Act appointed a Place of Public Inspection, a Quantity of Merchandize for Exportation, and being desirous to ship the same directly on Board a Vessel for Exportation from such Landing, it shall and may be Lawful for such Person or Persons intending to ship and export the said Merchandise as aforesaid, to call any Inspector: who is hereby required to inspect and Brand the same, under the Rules and Directions herein Mentioned: Any Thing in this Act contained to the contrary notwithstanding.

V. And be it further Enacted, by the Authority aforesaid, That where

-------------------- page 642 --------------------
any such Inspection shall be appointed by this Act to be held in any Town that sends a Representative to the Assembly, the Inferior Court of the County wherein such Town is, shall not nominate or appoint any other Inspector or Inspectors for any such Inspection, But such Person or Persons who shall, during his Continuance in said Office, reside in such Town.

VI. And be it further Enacted, by the Authority aforesaid, That no Master or Commander of any Ship or Vessel shall take on Board his Ship or Vessel, any such Cask or Barrel, or other Inspectable Commodity as aforesaid, without being inspected and branded as by this Act required, under the Penalty of One Hundred Pounds for each Offence; one Half to the Informer, and the other Half to the Church Wardens of the Parish wherein the Offence shall be committed, to the Use of such Parish; to be recovered with Costs, by Action of Debt, Bill, Plaint or Information, in any Court of Record having Cognizance thereof.

VII. And be it further Enacted, That no collector shall enter any Ship or Vessel before the Master or Commander of such Ship or Vessel shall have taken the following Oath; to-wit: You shall swear, that you will not this present Voyage, export in the Ship or Vessel whereof you are Commander or Master, any Hemp, Flax, Flax Seed, Barrel of Pork, Beef, Rice, Flour, Cask or Firkin of Butter, Tar, Pitch, or Turpentine, that shall not have an Inspector's Brand thereon; or any tanned Leather or Deer Skins, without an Inspector's Stamp thereon, according to law, (except such as shall be necessary for the Vessel's Use. So help you God.

Which Oath the Collector of the Port, or his Deputy, is hereby required and impowered to administer; and shall and may take and receive of such Master for administering the said Oath, One Shilling, Proclamation Money; neither shall any Collector clear out any Ship or Vessel, until the Master shall produce a Certificate or Certificates from under the Hands of the Inspector or Inspectors, of his Cargo's being inspected, under the Penalty of Fifty Pounds, Proclamation Money; to be recovered by Action of Debt in any Court of Record having Cognizance thereof, by the Church Wardens of the Parish where such Offence shall be committed, for the Use of such Parish. And in Case any of the said Commodities have been put on Board any Ship or Vessel without being first Inspected as this Act directs, it shall and may be lawful for any Two Magistrates or Justices, on Information made to them, on Oath, to issue a Warrant directed to the Sheriff, or any Constable of any County wherein such Vessel shall be, to cause search to be made on Board such Ship or Vessel; and on Finding any such Commodities not Inspected according to the Intent and Meaning hereof, the same shall be forfeited, and applied as hereinafter directed.

VIII. And be it further Enacted, That every Collector, or his Deputy, shall grant a Certificate to the Master or Commander of any Ship or Vessel, of his having taken such Oath, under the Penalty of Ten Pounds for each Neglect or Refusal; to be recovered by Bill, Plaint, or Information, in any Court of Record in this Province; the one Half to him or Them who shall sue for the same, the other Half to the Church Wardens, for the Use of the Parish where such Offence shall be committed; for which Certificate the Collector shall and may receive Two Shillings and Eight Pence.

IX. And be it further Enacted, That every such Inspector shall constantly attend at the Places for which he shall or may be appointed, at such Times as required, for the Inspection of the said Commodities within his District, and shall provide an Iron to Brand any of the Commodities, bearing the Name of the Inspector, and his Place of Residence: And if any Inspector so appointed and Sworn shall neglect his Duty, or Brand or Stamp any of the Commodities

-------------------- page 643 --------------------
contrary to this Act, or Brand any empty Barrel, or lend his Brand to any Person or Persons whatsoever, he shall forfeit and pay, for every Truss or Bundle of Hemp or Flax, and for every Cask of Flax Seed, and for every Barrel, Box or Case of Indigo, Five Pounds; for every Barrel of Pork, Beef, Rice, Flour, Cask or Firkin of Butter, Three Pounds; for every Barrel of Tar, Pitch or Turpentine, Ten Shillings; and for Branding any Empty Barrel, or lending his Brand, Forty Pounds, Proclamation Money; to be recovered by Action of Debt, before any Jurisdiction having Cognizance thereof, with Costs by the Informer; And every other Person or Persons that shall, by any Ways or Means, Brand, or procure to be Branded, any Truss or Bundle of Hemp or Flax, any Cask of Flax Seed, or Barrel or half Barrel, Cask, Firkin, half Firkin, Box or Case as aforesaid, than by the Inspector, or by his Assistant, he or they so offending shall forfeit and pay, for such Offence, the same Fines and Penalties as Inspectors are by this Act liable to pay for Breach of their Duty or Misbehavior.

X. And be it further Enacted, by the Authority aforesaid, That all Pork or Beef, Packed within this Province for Sale or Exportation, shall be put in good and sufficient white Oak Casks, which shall not contain more than Thirty One Gallons and an Half, Wine Measure each Barrel, and Fifteen Gallons and Three Quarts each Half Barrel; and all Barrels and Half Barrels shall be made of Timber seasoned at least Six Months after the Riving, the Staves not less than half an Inch Thick, when Wrought; the Heading not less than three Quarters of an Inch Thick and well dowelled; Twelve good, substantial Hoops on each Cask, and the Whole to be tight, fit to hold Pickle, and Workmanlike, and shall contain at least Two Hundred and Twenty Pounds of good, clean, sound, Merchantable Meat, properly sorted, and well salted, with a sufficient quantity of Salt to each Barrel and nailed and packed, and no more than Two Heads, in one Barrel of Pork, and not any Boar's Flesh in any Barrel of Pork, or any Heads, Bull's Flesh, or more than Two Shanks in any Barrel of Beef: And every Cask of Rice shall be filled with sound and well-cleaned Rice; and after the same has been inspected, found good and Merchantable, and passed by the Inspector, every such Barrel shall be by him branded as aforesaid, and a Certificate or Certificates thereof given to the Owner, bearing Date, in Words at Length, the same Day such Commodity or Commodities were inspected and passed; And every Barrel of Pitch or Turpentine shall contain Thirty One Gallons and an Half, and be well filled, free from any fraudulent Mixture, and in good and sufficient Casks, and well hooped with Twelve good Hoops at least, and before it be branded by the Inspector, shall be weighed in his presence; and every Three Hundred and Twenty Two Pounds Weight of such Pitch or Turpentine, including the Cask, and so in Proportion, shall be accounted a Lawful Barrel of Pitch or Turpentine: and if any Pitch or Turpentine shall be found by the Inspector to be fraudulently Mixed, the same shall be condemned and forfeited to the Use of the Parish where the same shall be, and may, by the Church Wardens thereof, be cleansed and sold for such Use; And every Barrel of Tar shall be the Gauge of Thirty One Gallons and an Half, Wine-Measure, and hooped with Twelve Hoops at least; and every Barrel of Tar of less Size, or in Bad and insufficient Casks, fewer than Twelve Hoops, shall be put in merchantable Order, at the expence of the Owner; and when full Bound, no more than One Third Part of the Staves shall be left bare; and every Barrel of Pitch, Tar and Turpentine, after the same shall be inspected, gauged, found clean, well filled and truly made merchantable, and passed by the Inspector, shall be by him branded.

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

-------------------- page 644 --------------------
Maker of Pitch, Tar or Turpentine, shall mark or Brand, or cause to be marked or branded, every such Barrel of Pitch, Tar or Turpentine, with the Initial Letters of his or her Name; and every Inspector shall keep a Book for Beef, Pork, Rice, Pitch, Tar and Turpentine; in which shall be fairly entered, the Maker's Name and Mark, the Number of Barrels landed, the Number of Barrels inspected of the same Mark, the Merchant's or Shipper's Name causing the same to be inspected, and the Time of Inspection; and shall give a Certificate of any Parcel to any Person requiring the same, on Payment of One Shilling: And any Person failing or neglecting to mark or brand his, her or their Casks, according to the Directions of this Act, shall pay One Half Penny per Barrel, to the Inspector, for marking the same with the initial Letters of the Maker's Name; which Fee shall be payed by the Person paying the Fees of Inspection, and by him may be charged to the Maker.

XII. Provided always, That if any Tar, Pitch or Turpentine shall remain Twenty Days or More, after the same has been inspected and passed, in Manner aforesaid, before the same shall be laden or put on board some Ship or Vessel for Exportation, it shall not be lawful for the Exporter to lade or put the same on Board any Ship or Vessel as aforesaid, until the same shall have again been inspected and passed by the Inspector, and Certificate or Certificates granted for the same, in the same Manner as if such Commodities had never been inspected; any Thing herein contained to the contrary notwithstanding. And every Person who shall Presume to lade or put on Board any Ship or Vessel, any Tar, Pitch, or Turpentine, for Exportation as aforesaid, at any Time after the Expiration of Twenty Days, from the Time that the same shall have been viewed and inspected as aforesaid, shall forfeit and pay the Sum of Ten Shillings, Proclamation Money, for every such Barrel so laden or put on Board any Ship or other Vessel: To be recovered by Action of Debt with Costs: One Half to the Informer, and the other Half to the Use of the Parish wherein such Offence shall be committed, before any Jurisdiction, having Cognizance of the Sum or Sums of Money so forfeited; and the Master or Commander of such Ship or Vessel shall be liable to the same Penalty as for lading Beef, Pork, Rice, Tar, Pitch or Turpentine, without being branded; and the Justices or Collectors shall, and are hereby required, to use the same Method of Proceeding to compel the Payment of the said Penalty, as in that Case is directed to be observed. And as forasmuch as it is difficult, in Warm and rainy Weather, to separate Tar from Water, It is hereby declared, That Water shall not be accounted a fraudulent Mixture in any Tar; but, that in such Cases, the Barrel shall not be branded by the Inspector, until the same is as free from Water as it can be made: Any Thing herein contained to the contrary, notwithstanding.

XIII. And whereas Pork, Beef, Rice, Flour, and Butter, may by Reason of its being long Kept, become not good, sound and Merchantable; Be it further Enacted by the Authority aforesaid, That none of the said Commodities shall be laden or put on Board any Ship or Vessel, if the same have been kept Sixty Days after they have been inspected, until the same have been again inspected, and passed by the Inspector, and Certificate or Certificates granted, in the same Manner as if such Commodities had never been inspected: Any Thing herein contained to the contrary notwithstanding.

And every Person who shall presume to lade or put on Board, or cause to be laden or put on Board any Ship or Vessel, any Pork, Beef, Rice, Flour or Butter for Exportation as aforesaid, any Time after the Expiration of Sixty Days from the Time that the same shall have been viewed and inspected

-------------------- page 645 --------------------
as aforesaid, shall forfeit and pay the sum of Three Pounds, Proclamation Money, for every such Barrel of Pork, Beef, Rice, Flour, and Cask or Firkin of Butter, so laden or put on Board of any Ship or other Vessel; to be recovered by Action of Debt, with Costs; one Half to the Informer, and the other half to the Use of the Parish wherein such Offence shall be committed, before any Jurisdiction, having Cognizance of the Sum or Sums so forfeited; and the Master or Commander of such Ship or Vessel shall be liable to the same Penalty as for lading Pork, Beef, Rice, Flour, or Butter, without being branded, and the Justices and Collector shall, and are hereby required to use the same Method of Proceeding to compel the Payment of the said Penalty, as in that Case is before directed to be observed.

XIV. And whereas also, it is difficult for Merchants and other Persons buying quantities of Pork and Beef, to get good Casks to put it in: It is hereby Enacted, That from and after the passing of this Act, no Cooper or other Person whatsoever, making Casks, shall expose to Sale any Barrel or half Barrel for the holding of Pork or Beef, other than such as are by this Act directed to be made for that Use: and every Cooper or other Person making Barrels or half Barrels, before they deliver or expose the same to Sale, shall set his or their proper Brand upon every Barrel or Half Barrel; which Brand he or they shall cause to be recorded in the Office of the Clerk of the Court of the County where he or they shall reside; And every Cooper or other Person exposing to Sale any Cask not agreeable to the Directions of this Act shall, for every such Cask forfeit and pay Six Shillings and Eight Pence, Proclamation Money; and for not recording his Brand, the Sum of Five Pounds, Proclamation Money; one Half to the Church Wardens, for the Use of the Parish where the Offence shall be committed, and the other Half to him or them that shall sue for the same; to be recovered before any Jurisdiction having Cognizance thereof, with Costs, provided the same be sued for within Six Months after the Offence committed.

XV. And be it further Enacted, by the Authority aforesaid, That every Seller or exporter of Hemp, Flax, Flax Seed, Pork, Beef, Rice, Flour, Butter, Tar, Pitch or Turpentine, packed or filled in this Province and branded shall produce the Certificate of the Inspector who inspected the same, and make Oath, or if one of the People called Quakers, then an Affirmation, if required before a Justice of the Peace, on delivery of the Goods sold or exported that the several commodities intended by him to be sold are the same that were inspected and passed, and do not contain the full Quantity mentioned in such Certificate, without embezzlement, to his knowledge; which Oath or Affirmation the Justice shall and is hereby required to certify on the Back of such Certificate; which Certificate the Seller shall deliver to the Buyer, if such Commodities be sold, and the Person exporting such Commodities shall deliver such Certificate to the Master of the Ship or Vessel on Board which the same shall be shipped or laden; and if such Seller or Exporter shall neglect or refuse to make Oath or Affirmation, if required, he shall, for every such Offence, forfeit and pay the Sum of Ten Pounds, Proclamation Money, to the Informer; to be recovered with Costs, in any Court of Record, by Action of Debt, Plaint, Bill or Information.

XVI. And be it further Enacted, by the Authority aforesaid, That it may be lawful for every Inferior Court within this Province wherein there are not Public Warehouses by Law erected for the reception and inspection of Tobacco at the Expence of such County to erect or rent a Warehouse, at or near some Public Landing, on a Navigable River or Creek, for the Reception, Inspection, and safe keeping of all Indigo at any Time hereafter to be paid or tendered in payment of Public, County or Parish Taxes; and

-------------------- page 646 --------------------
shall appoint and direct at what Time the Inspector or Inspectors shall attend to inspect and receive the same; and every Inspector that shall be appointed by Virtue of this Act, shall find Laborers equally with the Owner to assist in weighing the several Commodities he shall inspect and weigh, and also, shall find and provide proper Steelyards or Scales, of the Lawful Standard for that Purpose.

XVII. And be it further Enacted by the Authority aforesaid, That all Indigo paid in Discharge of Public, County or Parish Taxes, by Virtue of any Law of this Province, shall be first brought to one of the Public Warehouses appointed by Act of Assembly for the Inspection of Tobacco, to be erected or rented by Virtue of this Act as aforesaid, and there inspected; and any Inspector of the County wherein such Warehouses are appointed, or shall be erected or rented as aforesaid, on Notice given, shall attend according to the Directions of the Inferior Court, and carefully view and examine all such Indigo, and if it is dry, free from Dust, Sand and every fraudulent mixture, and is, in the opinion of such inspector, good and merchantable, and such as will intitle the Exporter thereof to the Bounty allowed by Act of Parliament, such Inspector shall weigh the same, and be obliged to deliver to the Person or Persons bringing the same, as many promissory Notes, under the Hand of such Inspector, as he shall be required, for the full Quantity of Indigo received by him; which Indigo such Inspector shall carefully secure in Barrels, Boxes or Cases; and the said promissory Notes are hereby declared to be current and transferable in Payment of all Public, County and Parish Taxes, at the rate or Price of Four Shillings Proclamation Money, per Pound, and shall be paid and satisfied by such Inspector who signed the same, upon Demand; And every such Inspector shall be obliged, and is hereby required, to pack and secure all Indigo by him received, in Barrels, Boxes, or Cases; and for every Barrel, Box, or Case, by him paid away in Discharge of any Promissory Note or Notes by him given, and containing Two Hundred Pounds Weight, Nett, and Branded with the Gross, Tare, and Nett Weight, and Name of the Inspector, and nailed and secured fit for shipping, there shall be paid, by the Person receiving the same, the Sum of Five Shillings and Six Pence, to the Use of such Inspector, and so proportionably for Barrels, Boxes, or Cases, containing less; and such Inspector shall also have an allowance of Three per cent for all Indigo he shall pay away in Discharge of any such Note or Notes, for Shrinkage and Waste; and if any Inspector by whom such Note shall be given, shall refuse or delay to satisfy the same when demanded, he shall forfeit and pay for every such Refusal or Neglect, the Double Value of such Indigo so refused or neglected to be paid; to be recovered before any Jurisdiction having Cognizance thereof, with Costs, to the Use of the Party grieved.

XVIII. And be it further Enacted, That no Tender of Public, County or Parish Taxes, in Indigo, shall be accounted lawful, unless the Payment of the same, be tendered in Inspectors' Notes as aforesaid; or unless each Payment shall be tendered on or before the Tenth Day of March, in the Year that they are or shall be payable.

XIX. And be it further Enacted, That when any Indigo shall be brought to any inspection, and shall be refused by the Inspector there officiating, the Owner shall immediately sort and separate the bad and unmerchantable from such as is by this Act declared to be good and merchantable, at the Warehouse where the same was refused, and the Inspector shall receive so much thereof as in his opinion is good and merchantable, and give a Note or Notes for the same.

XX. And be it further Enacted, That every Inspector who shall be appointed

-------------------- page 647 --------------------
by Virtue of this Act to inspect Indigo, shall give constant attendance at the Times and Places by the Inferior Court Ordered and appointed, under the Penalty of forfeiting to the Party grieved, Five Shillings Proclamation Money, for every Day he shall fail or neglect to attend; to be recovered by Warrant, with Costs, before a Justice of the Peace; unless good Cause shewn for such Neglect or Failure.

XXI. And be it further Enacted, That if any Person or Persons shall sell or contract for any Indigo as good and merchantable, according to the Directions of this Act, and any Dispute shall arise between the Buyer and Seller, concerning the Quality of the Indigo offered and tendered in Discharge of such Contract, it shall and may be lawful for the Parties, or either of them, to call the nearest Inspector of the County wherein such Indigo is tendered or offered as aforesaid, who is hereby required to obey such Call, and inspect the same; and if it is in the opinion of such Inspector, good, merchantable, and of Quality to intitle the Exporter to the Bounty allowed by Act of Parliament he shall pass the same, or otherwise refuse it; and such Inspector shall be paid for his Trouble by the Party against whom he shall give Judgment, Five Shilling and Four Pence, Proclamation Money.

XXII. And be it further Enacted, by the Authority aforesaid, That if any Person whatsoever shall forge or Counterfeit any Note of any Inspector, or tender in Payment, or expose to Sale any such Forged or counterfeit Note, knowing the same to be such; or cause to be exported in Hemp, Flax, Flax Seed or Barrel of Pork, Beef, Rice, Flour, Butter, Tar, Pitch, or Turpentine, or Barrel, Box, or Case of Indigo, or expose the same to Sale, knowing the Brand thereon to be forged or counterfeited; or shall put or pack any Pork, Beef, Rice, Flour, Butter, Tar, Pitch, Turpentine, or Indigo, into any Barrel, Firkin, Box or Case, branded by any Inspector as aforesaid, on Purpose to evade this Act, and to sell or export such Commodity without being inspected; every Person so offending, and being thereof lawfully convicted before any Court of Record having Cognizance thereof, shall for the First Offence, by Order of such Court, have or receive on his or her Bare Back, Thirty-nine lashes, well laid on; and moreover shall suffer One Month's Imprisonment, without Bail or Mainprize; and for the second Offence, shall be adjudged guilty of Felony.

XXIII. And be it further Enacted, by the Authority aforesaid, That if any Inspector's Note as aforesaid, shall be casually lost, mislaid or destroyed, the Person or Persons entitled to receive the Indigo by Virtue of any such Note, shall and may go before any Justice of the Peace, and make Oath in the Manner by Law directed, concerning Inspectors' Notes or Receipts for Tobacco, being lost, mislaid or destroyed; and thereupon, shall have the like Remedy and Relief, and be subject and liable to the same Penalties and Punishments for making false Oath therein, or producing Forged Certificates, knowing the same to be forged, as Persons in the like Cases are by the said Law made liable and subject to.

XXIV. And be it further Enacted by the Authority aforesaid, That all Staves, Heading, Shingles, Boards, Plank, Joists, and Square Timber, which shall be sold or shipped on Board any Ship or Vessel for Exportation, shall be of the following Dimensions, otherwise shall not be deemed Merchantable, and shall be forfeited to the Use hereinafter mentioned; to-wit, Butt-Staves shall be Five Feet nine Inches Long, Four Inches Broad, and an Inch Thick on the Heart or thin

-------------------- page 648 --------------------
Edge. Pipe-Staves Four Feet eight Inches Long, Four Inches broad, and Three Quarters of an Inch Thick on the Heart or Thin Edge. Hogshead Staves shall be Three Feet Six Inches long, Four Inches broad, and three Quarters of an Inch Thick on the Heart or thin Edge. Barrel Staves shall be Two Feet Nine Inches Long, Four Inches Broad, and Three Quarters of an Inch thick on the Heart or thin Edge, for the European Market; and those to be exported to the Northern Colonies, only Thirty Inches long, and of the same Breadth and Thickness with those for the European Market. White-Oak Hogshead Heading shall be Thirty Two Inches Long, Six Inches Broad, and One Inch Thick on the Heart or thin Edge. Barrel Heading shall be Nineteen Inches Long, Six Inches Broad, and Three Quarters of an Inch Thick on the Heart or thin Edge. Shingles shall be Eighteen Inches and an half Inche long, Five Inches Broad, and Five Eighths of an Inch thick; Which said several Sorts and Kinds shall be of the Dimensions aforesaid, at the least, and well got, of good, sound, Merchantable Timber; and every Board, Plank Piece of Scantling, or other Square Timber, being marked with the Number of more Feet than they contain, shall be forfeited to the Church Wardens, for the Use of the Parish; and no Boards or Plank shall be deemed Merchantable, or passed by any Inspector, that is not free from any Split Twelve Inches long, has no edge less than half an inch thick, and is not free from Holes; That all Deer Skins that shall hereafter be exposed to Sale, shall be clean and Free from Flesh, and the Claws and Sculls taken therefrom, and otherwise merchantable. Provided nevertheless, That no Staves, Heading, Shingles, Boards, Plank, Square Timber, or Deer Skins, shall be inspected, unless required.

XXV. And be it further Enacted, That when any Dispute shall arise between the Buyer and Seller of any Staves, Heading, Shingles, Boards, Scantling, Plank or Timber, or Deer Skins, as aforesaid, in respect of the Quality, Dimensions and Quantity thereof; it shall and may be lawful for either Party to call on the nearest Inspector of the County: which call he is hereby required to obey, to view, inspect, and measure the same; and to pass so much thereof as he shall be of Opinion is good and Merchantable, according to the Directions of this Act, and to refuse the rest.

XXVI. And be it further Enacted, by the Authority aforesaid, That if any Inspector to be appointed by this Act, shall receive or take, directly or indirectly, any Fee, Gift, Gratuity or Reward whatsoever, of any Person, for resigning or giving up his Office of Inspector, he shall not only be forever thereafter disabled from holding or executing the said Office, but, for such Offence, shall forfeit and pay the Sum of Forty Pounds Proclamation Money; to be recovered with Costs, in any Court of Record, to the Use of the Informer, by Action of Debt, Bill, Plaint, or Information; and every Person offering and paying, directly or indirectly, any Gratuity or Reward whatsoever, to any Inspector to resign or give up his said Office shall for his said Offence, be forever disabled from holding the said Office of Inspector in this Province.

XXVII. And be it further Enacted, by the Authority aforesaid, That no Person holding any Post or Place of Profit by Deputation or otherwise, shall be appointed to the Office of Inspector, or shall, during his Continuance therein, be capable of being elected Member of the Assembly; and if any Member of Assembly shall accept of the said Office during his being such, he shall be, and is hereby declared from henceforth to be disabled to serve as a Member of Assembly, and shall not sit, vote or Act, in Assembly, but shall be to all Intents and Purposes, incapable, as if he had never been returned or elected a Member of Assembly; and if any Person shall be appointed to such Office, and shall accept of any Post or Place of Profit after such Appointment, he shall be rendered incapable to hold his said Office of Inspector and the Court shall proceed to appoint another Inspector in the Room of

-------------------- page 649 --------------------
such Person taking upon him such Post or Place of Profit, according to the Directions of this Act.

XXVIII. And be it further Enacted, by the Authority aforesaid, That every Inspector shall be intitled to the following Fees, to be paid in Proclamation Money; to-wit, For every Bushel of Flax Seed, One Penny; and for every Barrel of Pork or Beef, Eight Pence; and for every Barrel of Rice Inspected, Eight Pence; for every Barrel of Flour, Cask or Firkin of Butter, Four Pence; for every Barrel of Tar, Three Half-Pence; for every Barrel of Pitch or Turpentine, Two Pence; for every Thousand Staves or Heading, reckoning Six Score to the Hundred, One Shilling; for every Thousand Shingles, Four Pence; for every Thousand Feet, superficial Measure, of Boards, Plank and Scantling, One Shilling; for every Ton of other Lumber, One Shilling; for inspecting and weighing each Deerskin, One Half Penny.

XXIX. And be it Enacted, by the Authority aforesaid, That when any Hemp or Flax, tendered for Inspection, shall be found Merchantable by any Inspector appointed by Virtue of this Act, the Cultivator thereof, or his Assigns, complying with the other Regulations prescribed and directed in and by an Act passed in the Present Year One Thousand Seven Hundred and Sixty Four, intituled an Act, for encourageing the Culture of Hemp and Flax, and other Purposes, shall be intituled to the Bounty or Premium allowed thereupon by the said Act; which said recited Act is hereby declared to be in Force, in every Clause and Article thereof.

XXX. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the Justices of each and every Inferior Court within this Province, where there is not a Warehouse already built for the Inspection and safekeeping of Tobacco, and where the same shall be wanting or thought requisite, to lay such Tax on the Taxable Persons within their several Counties, as shall be thought sufficient for building such Warehouse; and shall and may cause the same to be done at such Place or Places as to them shall be deemed most convenient for the same; and appoint an Inspector for every such Warehouse; which Inspector shall be entitled to the same Fees, and liable to the Like Fines and Forfeitures, as other Tobacco Inspectors are by Virtue of the Laws of this Province.

XXXI. And whereas many Commodities not in this Act mentioned, may hereafter be exported out of this Province; Be it therefore Enacted by the Authority aforesaid, That whenever any Commodities herein mentioned, shall be exported out of this Province, the Inferior Courts within their respective Counties, shall regulate the Inspection thereof, and ascertain the Fees of the Inspector therein; and every Inspector refusing or Neglecting to observe such Regulation, or to take greater or other Fees than such as are appointed by his respective Inferior Court, shall be liable to the same Penalties as are by this Act mentioned for the Neglect or refusal of his Duty in Inspecting any of the Commodities herein particularly Mentioned.

XXXII. And be it further Enacted, by the Authority aforesaid, That the several Fines and Forfeitures 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 any Cognizance thereof; one Half to the Use of the Prosecutor, and the other Half to the County wherein such Penalty shall be incurred; to be applied by the Justices of the Inferior Court, towards lessening the County Tax.

XXXIII. And be it further Enacted, by the Authority aforesaid, That this Act shall continue and be in Force for and during the Term of Five Years after the passing thereof, and from thence to the End of the next session of Assembly, and no longer.

-------------------- page 650 --------------------
CHAPTER VI.
An Act for regulating the Pilotage of Cape Fear River, and other Purposes.

I. Whereas the great Increase of the Trade of Cape Fear River, renders the Attendance of the Pilots at the Bar indispensibly necessary, for the safety of Vessels coming in and going out of the said River;

II. Be it Enacted, by the Governor, Council, and Assembly, and it is hereby Enacted, by the Authority of the same, That the Honorable Lewis DeRosset, William Dry, Benjamin Heron, and Jacob Lobb, John DuBois, Caleb Grainger, Robert Ellis, and John Wilkinson, Esquires, be, and are hereby appointed Commissioners of the Pilotage of Cape Fear River; and they, or the Majority of them, are hereby authorized and impowered, from Time to Time, to examine such and so many Persons who shall offer themselves to be Pilots for Cape Fear aforesaid, not exceeding Twelve in Number.

III. And be it further Enacted, by the Authority aforesaid, That the said Commissioners, or the Majority of them, on their approving any Person to be Pilot, shall give to such Person a Certificate, under their Hands, to the Governor or Commander in Chief for the Time being, in order for his Approbation, and to obtain a Branch to act as Pilot for the said River.

IV. And be it further Enacted, by the Authority aforesaid, That every such person shall, before he obtains a Branch to be Pilot, give Bond, with Two Sufficient Securities, to the Governor or Commander in Chief for the Time Being, and his Successors, in the Sum of Five Hundred Pounds, Proclamation Money; with Condition for the Due and faithful Discharge of his Office; to be recorded and lodged in the Secretary's Office: Which Bond shall be in Trust for such Person or Persons as shall appear to be injured by such Pilot's Negligence or Non-Performance of the Condition of his said Bond; and shall be assigned to any Person or Persons so injured, petitioning for the same; who shall and may maintain an Action thereon; And such Bond shall not be void upon the First Recovery, or if Judgment shall pass for the Defendant, but may be put in Suit from Time to Time, by any Person who shall be injured by a Breach of the Condition thereof, until the whole Penalty of the Bond be recovered.

V. And be it further Enacted, by the Authority aforesaid, That upon the Misbehavior of any Pilot in his Office, the Commissioners aforesaid, or the Majority of them, shall, and they are hereby authorized and impowered, to remove such Pilot from his Office, by a Note in Writing, subscribed by them, or the Majority of them directed to such Pilot, signifying that he shall no longer act as Pilot; and to appoint another in his Stead, by Warrant under their, or the Majority of their respective Hands and Seals until the Pleasure of the Governor or Commander in Chief shall be known thereon.

VI. And be it further Enacted, by the Authority aforesaid, That any Number of Pilots, not exceeding Eight, may be appointed as aforesaid, to attend the Bar of the said River, and to Pilot Vessels coming up or going down from Brunswick, and no higher; who may take and receive, in Proclamation Money, the following Rates for such Service, for each Vessel they shall pilot over the Bar to Brunswick, and out again to sea, to-wit:

For every Vessell when loaded Six Feet Water, in and out from Brunswick only, the Sum of £2. 0. 0.
For a Vessel drawing Seven Feet £2. 5. 0.
For a Vessel drawing Eight Feet £2. 10. 0.
For a Vessel drawing Nine Feet £3. 0. 0.
-------------------- page 651 --------------------
For a Vessel drawing Ten Feet £3. 10. 0.
For a Vessel drawing Eleven Feet £4. 10. 0.
For a Vessel drawing Twelve Feet £5. 10. 0
For a Vessel drawing Thirteen Feet £6. 0. 0.
For a Vessel drawing Fourteen Feet £6. 10. 0.
For a Vessel drawing Fifteen Feet £7. 0. 0.
For a Vessel drawing Sixteen Feet £7. 10. 0.
For a Vessel drawing Seventeen Feet £8. 0. 0.

VII. And be it further Enacted by the Authority aforesaid, That any Number of Pilots, not exceeding Four, may be appointed as aforesaid, to Pilot Vessels from Brunswick to Wilmington; who shall and may receive, in Proclamation Money, the following Rates: if from Brunswick to Wilmington, and back again to Brunswick, one half of the aforesaid Rates; if to the Flats, and back again to Brunswick, one Fourth of the aforesaid Rates, according to the Draught of Water such Vessel shall Draw.

VIII. And be it further Enacted, by the Authority aforesaid, That no Pilot shall presume to take any greater Fees than aforesaid, under the Penalty of Ten £s Proclamation Money; to be recovered by Action of Debt by any Person sueing for the same, in any Inferior Court in New Hanover, or Brunswick County; one Half to the Informer, the other Half to the Governor, or Commander in chief for the Time being; to be applied towards erecting Beacons and Buoys, and keeping them in Repair.

IX. And be it further Enacted by the Authority aforesaid, That if any Vessel shall come over the Bar before a Pilot gets on Board the same, the Master of such Vessel shall not be liable to pay more than one Half of the said Pilotage allowed by this Act, for bringing Vessels from the Bar to Brunswick, unless such Pilotage shall make Oath, that he did his utmost Endeavors to get such Vessel before she came over the Bar; any Thing herein contained to the contrary, notwithstanding.

X. And be it further Enacted, by the Authority aforesaid, That if any Pilot should wilfully neglect his Duty, on Complaint and Conviction before any Justice of the Peace, he shall be fined Twenty Shillings Proclamation Money for the Use of the Informer, and be further liable to all Damages that may be sustained; to be recovered by the Party aggrieved, before any Jurisdiction having Cognizance thereof.

XI. And be it further Enacted, by the Authority aforesaid, That the Master or Commander of any Vessel, who shall send for, or take on Board a Pilot to conduct such Vessel from one Place to another in the said River, and shall afterwards delay transporting the said Vessel (Wind and Weather permitting), the Master or Commander thereof, shall pay unto the Pilot attending Eight Shillings Proclamation per Diem, for each and every Day he shall be so Detained.

XII. And be it further Enacted, by the Authority aforesaid, That the Commissioners aforesaid, shall affix a true Copy or Table of the several Rates of Fees aforesaid, to be taken by the Pilots, at the Collector's Office, Naval Office, and Fort Johnston, that the Masters of Vessels and others concerned, may have Recourse thereto.

XIII. And whereas it is highly expedient to prevent any Contagious, pestilential or Malignant Distemper from being brought into the said River; Be it Enacted, by the Authority aforesaid, That the Commander of Fort Johnston for the Time being, shall be, and is hereby authorized and impowered, to bring too all Vessels bound inwards; and to oblige the Master of such

-------------------- page 652 --------------------
Vessel to come on Shore into the said Fort, and take an Oath concerning the Health of all such Persons as shall be on board his said Vessel and whether there was any contagious or Infectious Distemper at the Place from whence he last came; which said Oath, the Commander of the said Fort is hereby impowered to administer: And if it shall appear in such Oath that any Person on board the same is distempered or that there is reason to suspect that any person on board is infected with Small-Pox, or other contagious Disorder the Commander of such Fort is hereby impowered and directed to oblige the Master of such Vessel to Moor his said Vessel as near Battery Island, opposite the said Fort, as the safety of the said Vessel will permit; and to prevent any Person going to, or coming from such Vessel (Persons carrying Provisions to such Vessel, only excepted), until he hath lain and performed Forty Days Quarantine, or be permitted thereto, by Order from the Governor, or Commander in Chief, or Three Justices of the Peace for the Counties of New Hanover or Brunswick.

XIV. And be it further Enacted, by the Authority aforesaid, That in Case no Person should be distempered on Board, or that the Commander of the Fort for the Time being, hath no just Reason to suspect any Person in the said vessel to be infected with the Small-Pox, or other contagious Disorders, then the Commander of the said Fort shall give a Bill of Health, and Permission to pass by the said Fort, directed to the Collector or other Chief Officer of the Customs; and the Commander of the said Fort for the Time Being, shall and may have and receive from the Master of such Vessel, the Sum of Five Shillings Proclamation Money, for administering the said Oath, and signing a Bill of Health.

XV. And be it further Enacted, by the Authority aforesaid, That if the Master of any Vessel ordered to be Moored as aforesaid, or being Moored by Order of the said Commander of the said Fort, shall presume to come on Shore or suffer any Person to come on Shore, from on Board such Vessel, except on Battery Island, such Master shall forfeit and pay the Sum of Five Hundred £s Proclamation Money, to be recovered by Action of Debt, in any Superior Court of Justice within this Province, by the Commissioners of the said Fort for the Time being; one Fourth of which to the Use of the Informer, the other Three Fourths to the Commissioners of the said Fort, for maintaining and keeping the same in Repair.

XVI. And be it further Enacted, by the Authority aforesaid, That the Collector and Naval Officer, and each of them, is, and are hereby forbid to admit any Vessel to an Entry, until such Bill of Health and Permit, signed by the Commander of Fort Johnston for the Time being aforesaid, be delivered to him or them by the Master of such Vessel, or some Person in his Behalf, under the Penalty of One Hundred £s Proclamation Money, to be recovered by Action of Debt, in any Superior Court of Justice in this Province, by the Commissioners of the said Fort for the Time Being; to be applied toward keeping the said Fort in Repair.

XVII. And be it further Enacted, by the Authority aforesaid, That where any vessel shall have performed Quarantine, the Master of such Vessel shall, before he be permitted to enter his said Vessel, wash the hole of the said Vessel with Vinegar, and smoke the same with Brimstone.

XVIII. And whereas several of the Inhabitants of Cape Fear River, and Pilots, have been greatly injured by Masters of Vessels carrying Negroes and Servants out of this Province, and by departing themselves without paying their Pilotage; Be it therefore Enacted by the Authority aforesaid, That all Bonds taken from Masters of Vessels, by Virtue of an Act, intituled, An Act for entering of Vessels, and to prevent the Exportation of Debtors, shall have

-------------------- page 653 --------------------
further Conditions added thereto, to the following Purpose; that is to say, That the Master giving such Bond, shall not transport or carry off any Negro Slave or Slaves, Servant or Servants, belonging to any Inhabitant or Inhabitants of this Province, and shall not Depart the Port without paying Pilotage, according to Law; and in Case of a Breach of the Condition or Part thereof, hereby directed to be inserted in the said Bond, the Master and his Securities, or either of them, shall be liable to the Penalties thereof, in the same Manner as in Case of the Breach of any other Part of the Condition of the said Bond.

XIX. Whereas the erecting Beacons and Buoys at the Mouth of Cape Fear River would greatly facilitate the Navigation thereof, Be it further Enacted, That a Duty of Six Pence per Ton be, and is hereby laid on all vessels coming into the Port of Brunswick to unload Goods, other than such as belong to an Inhabitant of this Province, for and during the Term of Three Years, next after the passing of this Act; which Duty John Paine, Esq., is hereby impowered to receive, after having given Bond, with sufficient Securities, to the Governor or Commander in Chief for the Time being, in the Sum of One Thousand £s Proclamation Money, conditioned, that he will well and truly account with, and pay to the said Commissioners, or their Order, when thereto required, all such Sums of Money as he shall receive by Virtue of this Act, first deducting Five per cent. for receiving the same; and in Case of a Breach of the Condition of the said Bond, the same may be put in Suit, and the Monies recovered thereon shall be applied to the purposes for which the above Duty is Laid; which Bond shall be recorded and Lodged in the Secretary's Office; and the said Monies arising on the Duty aforesaid, shall, by the said Commissioners, be applied to the erecting Beacons and Buoys as aforesaid.

XX. And whereas it happens that Vessels bound into the River aforesaid often come on the Coast in thick Weather, and frequently Fire Guns to acquaint the Pilots of their being on the Coast; Be it therefore Enacted, That the Commander of the said Fort, for the Time Being, shall, and he is hereby required to answer such Vessels, by firing one or more Guns, not exceeding Three; and the Commander of the said Fort shall forthwith give Notice to the Pilot or Pilots, of such Vessel being on the Coast; and if such Pilot shall not forthwith go out to such Vessel (Wind and Weather permitting), such Pilot shall forfeit and pay the Sum of Five £s, Proclamation Money, for every Neglect; to be recovered before any Jurisdiction having Cognizance thereof, by the Commander of the Fort; one Half to the Informer, the other Half to the Commissioner of the said Fort; to be applied to the Use of the said Fort.

XXI. And be it further Enacted by the Authority aforesaid, That in Case of the Death, Refusal to Act, or Removal out of the County, or other Disability of any of the said Commissioners, it shall and may be lawful for the remaining Commissioners, or the Majority of them, and they are hereby directed to elect another in the Room of such Commissioner, having due Regard to his Place of Residence, so as One Half of the Commissioners be on the East side of the River, and the other Half on the West Side; which Commissioner so elected shall be, and is hereby invested with all the Power and Authority of any Commissioner hereinbefore Named.

XXII. And be it further Enacted, by the Authority aforesaid, That so much of an Act, intituled, An Act for Regulating the Pilotage of Cape Fear River, and to impower the Captain of Fort Johnston, at the Mouth of the said River to examine all Vessels entering the said River, concerning the

-------------------- page 654 --------------------
Health of their Crews on Board the said Vessels, as is within the Purview of this Act, is hereby repealed and made void.

CHAPTER VII.
An Act for regulating Proceedings in the Court held for the Borough of Wilmington.

I. Whereas his present Majesty, by his Royal Charter, bearing Date the Fifth Day of March, in the Year of our Lord 1763, hath been graciously pleased to constitute the Town of Wilmington, with the Precincts and Liberties thereof a Borough, by the Name of the Borough of Wilmington; and among other privileges, hath impowered the Mayor, Recorder and Aldermen, of the said Borough, and their Successors forever, or any Three of them, whereof the Mayor or Recorder to be One, to hold a Court within the said Borough every Two Months with Power to hear and determine all Suits, Matters and Things, brought before them, where the cause of Action between Persons resident in the said Borough, and transient Persons not residing in the Province, shall arise within the said Borough, or the liberties thereof; and where the Debt or Damages shall not exceed Twenty £s Proclamation Money, and holding said Courts Regularly, will tend greatly to promote the Trade and Commerce of the said Borough:

II. Be it therefore Enacted, by the Governor, Council and Assembly, and it is hereby Enacted, by the Authority of the same, That the said Mayor, Recorder, and Aldermen, and their Successors forever, or any Three of them, whereof the Mayor or Recorder to be one, shall and may, and are hereby authorized and impowered, to hold the said Courts on the Days and Times in the said Charter for that Purpose Mentioned, and to take Cognizance, and hear and determine all Suits, Matters and Things brought before them, by Writ, Petition, Summons or other Process, where the Cause of Action or Suit shall arise within the said Borough, or Liberties thereof, and where the Debt, Damages, or Cause of Action, shall not exceed Twenty £s, Proclamation Money: and to award Execution thereon.

III. Provided always, That no suit shall be brought in the Court of the said Borough, for any Debt contracted before the passing of this Act; any Thing herein contained to the Contrary, notwithstanding.

IV. And provided also, That if any Person or Persons shall be dissatisfied with the Judgment of the said Court, he may appeal therefrom to the Superior Court of the District of Wilmington; which appeal shall be granted under the like Rules and Restrictions, and taken Cognizance of by the Superior Court, in the same Manner as appeals granted from other Inferior Courts in this Province.

V. And be it further Enacted, by the Authority aforesaid, That the said Court in taking Cognizance of, issueing Process, hearing and determining, rendering Judgment and awarding Execution, in any Suit, Matter or Thing, commenced or prosecuted therein, shall and may use and exercise the same Powers and Authorities, and are hereby required and directed to observe the like Proceedings, Rules, Methods, and Regulations, that are or may be put in Practice and observed by the respective Inferior Courts within this Province, in Suits commenced and prosecuted in any of the said Courts.

VI. And be it further Enacted, by the Authority aforesaid, That the said Courts to be held for the said Borough, or Proceedings therein depending shall not be discontinued for or by Reason of the said Mayor, or Recorder

-------------------- page 655 --------------------
and Aldermen, failing to hold the same on the Days by the said Charter appointed; but in such Case, all Process, Matters and Things therein depending, shall stand continued, and all appearances, on the Returns of Process, shall be made to the next succeeding Court in Course.

VII. And be it further Enacted, by the Authority aforesaid, That all Writs, Summonses, and other Process whatsoever, issued out of the said Court, shall bear test of the Mayor of the said Borough, and be signed by the Clerk of the said Court, and be directed to the Bailiff of the said Borough for the Time being to execute; and the said Bailiff shall have Power, and is hereby directed and required, to execute every such Process, agreeable to the Rules and Restrictions by Law required to be observed by Sheriffs in executing Process issueing from the Inferior Courts of Pleas and Quarter Sessions in this Province, and shall be subject to the like Penalties, Remedies, and Relief, for neglect of Duty therein, as any of the said Sheriffs are liable to.

VIII. And be it further Enacted by the Authority aforesaid, That the Clerk of the said Court to be held for the said Borough, before every Court, shall issue a Venire Facias, directed to the Bailiff of the Borough of Wilmington, requiring him to summon Twelve Freeholders, residing within the said Borough, or the liberties thereof, to appear at the said Court to serve as petit Jurymen, who being so summoned and appearing, shall, and are hereby declared to be a legal Jury, and to try Issues and other Matters in the said Court Depending, proper for the Enquiry of a Jury; and every Juryman being summoned and failing to appear, may be fined by the said Court; a Sum not exceeding Three £s Proclamation Money, for his Neglect; to be applied to the Use of the said Borough.

IX. Provided always, That if the Bailiffs shall fail to summon Twelve Freeholders to serve as Petit Jurors as aforesaid, or any of the Freeholders so summoned shall fail to attend, it shall and may be lawful for the said Court to order and direct the Bailiff to summon of the Bystanders other Persons to serve as Jurymen; and the Persons so summoned, shall be deemed and held lawful Jurymen; and every Person so summoned of the Bystanders who shall fail to appear and serve as a Juryman, shall be fined a Sum not exceeding Twenty Shillings; unless he can shew sufficient Cause, to be admitted by the Court; which Fine shall be applied as other Fines by this Act directed.

X. And whereas the said Mayor and Aldermen are, in and by the said Charter impowered and authorized, for the good Government and Public Service of the said Borough, to impose certain Fines and Taxes upon the Inhabitants thereof; Be it therefore Enacted, by the Authority aforesaid, That it shall and may be lawful for the Bailiff of the said Borough, upon proper Process to him directed, to levy all such Fines and Taxes as by the said Mayor, Recorder, Aldermen and Freeholders, shall be set and assessed.

XI. And whereas there is at present no Court House and Gaol for the said Borough; Be it therefore Enacted, by the Authority aforesaid, That it shall and may be Lawful for the Mayor, Recorder, and Aldermen of the said Borough, to make Use of the Court House, Prison, Pillory and Stocks of New Hanover County, till such Time as a Town Hall, Prison, Pillory, and Stocks for the Use of the said Borough be erected; Provided, that such shall not be had wherein to interfere with the Business of New Hanover County.

XII. And be it further Enacted, by the Authority aforesaid, That the said Mayor, Recorder and Aldermen, are hereby required and impowered, to nominate Surveyors of the Streets, Public Wharves, Docks and Roads,

-------------------- page 656 --------------------
within the said Borough, and to appoint Persons to work thereon, under the same Regulations and Penalties, and with the same Powers and Authorities, as by the Laws of this Province the Justices of the several Inferior Courts are impowered and required to order and regulate Working on the Public Roads within their several Counties.

XIII. And be it further Enacted by the Authority aforesaid, That so much of an Act intituled, An Act for the Regulation of the Town of Wilmington, as relates to the Appointment of Commissioners for the said Town, is, from henceforth, repealed and made void.

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

CHAPTER VIII.
An Act to amend An Act therein mentioned, concerning Servants and Slaves.

I. Whereas by the Fourth, Fifth, and Sixth Sections of an Act of Assembly of this Province, passed in the Year of our Lord One Thousand Seven Hundred and Fifty Eight, intituled, an Additional Act to an Act intituled, An Act concerning Servants and Slaves, it is Enacted, That no male Slave Shall, for the First Offence, be condemned to Death, unless for Murder or Rape; but for every other Capital Crime, shall, for the First Offence, suffer Castration; and that the Court trying such Slave shall value the same:

II. Be it Enacted, by the Governor, Council, and Assembly, and it is hereby Enacted, by the Authority of the same, That the said Fourth, Fifth, and Sixth Sections of the aforesaid Act be, and are hereby, repealed and made void.

III. And be it further Enacted by the Authority aforesaid, That there shall not be allowed by the Public to the Owner of any Slave who shall hereafter be executed in Virtue of the Judgment of the Court who shall try such Slave, any larger Sum than Eighty Pounds, Proclamation Money; any Law, Usage, or Custom, to the Contrary notwithstanding.

CHAPTER IX.
An Act to prevent hunting for, and killing Deer in the Manner therein mentioned.

I. Whereas many Persons do, under a Pretence of hunting for Deer in the Night-time, by firelight, kill and Destroy Horses and Cattle, to the great Prejudice of the Owners: To prevent Which for the Future,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That if any Person shall be discovered Hunting, with a Gun in the Night Time by Fire Light, such Person shall forfeit and pay, for every Offence, Forty Shillings, Proclamation Money, to be recovered, by any Person who shall sue for the same, before any Jurisdiction having Cognizance thereof, with Costs.

-------------------- page 657 --------------------
CHAPTER X.
An Act for enlarging the Time for saving Lots in the Town of Halifax, and other Purposes.

(Printed in Private Acts, post.)

CHAPTER XI.
An Act to encourage and impower William Dry to make a Public Road through the great Island opposite to the Borough of Wilmington.

(Printed in Private Acts, post.)

CHAPTER XII.
An Act to confirm the Vestry already chosen for the Parish of St. John, in the County of Bute; and to enable the Freeholders of the Parishes within the Counties of Pasquotank, Anson, and Currituck, to elect Vestrymen.

I. Whereas it hath been represented that the Manner of Carrying on and conducting the Election of the Vestry in the Parish of St. John aforesaid, was irregular, and not agreeable strictly to the words of the Act of Assembly appointing Vestries; by which means its existence as a Vestry has been called in Question, so that much disquiet and many Law Suits may arise, unless timely prevented:

II. Be it therefore Enacted, by the Governor, Council, and Assembly and by the Authority of the same, and it is hereby Declared, That the Vestry already chosen, elected and sworn, for the said Parish of St. John, in the County of Bute, be deemed taken, and esteemed a true and lawful Vestry, and vested with all powers of other Vestries duly chosen under an Act, intituled, An Act concerning Vestries.

III. And whereas the Law concerning Vestries, did not come in Time to the Hands of the Sheriffs of Pasquotank, Anson, and Currituck, to enable them to summons the Freeholders to elect Vestries in each of the Parishes within the said Counties by which means Parochial Business remains wholly suspended therein; Be it therefore further Enacted, by the authority aforesaid, That the Sheriffs of Pasquotank, Anson, and Currituck, on Easter Monday next, shall proceed, after having given the Freeholders of their several Counties Thirty days' Notice to elect and Choose Twelve Vestrymen, according to the Rules, Limitations, and Restrictions, of an Act intituled, An Act concerning Vestries; and when the Vestries shall be accordingly chosen and sworn, they shall be deemed, taken, and esteemed lawful Vestries, until a Re-election, according to the Directions of the aforesaid Act.

CHAPTER XIII.
An Act to prevent the Unreasonable Destruction of Fish in the Rivers Meherrin, Peedee, and Catawba.

(Printed in Private Acts, post.)

-------------------- page 658 --------------------
CHAPTER XIV.
An Act for altering the Boundary Line between the Counties of Northampton and Hertford.

I. Whereas by the Act of Assembly for establishing the County of Hertford, it hath by experience been found not so convenient for some of the lower Inhabitants of Northampton County as was by the said Act intended: 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 First day of March next, the dividing Line between the said County of Northampton and Hertford shall be altered as followeth, to-wit: Beginning on Kirby's Creek, where the dividing Line joins the said Creek, running thence up the Creek to the Fork thereof; then up Turkey Creek to Maple Fork; thence by direct South Course, till it intersects the present dividing Line.

III. And be it further Enacted, by the Authority aforesaid, That Joseph Sikes, William Murphey, and Benjamin Wynns, or the Majority of them, are hereby appointed Commissioners to run the said Line; which shall be done at the proper Cost and Charges of the County of Hertford.

IV. Provided nevertheless, That nothing herein contained shall extend to debar or hinder the Sheriff of Northampton County from collecting all the Public, County, and Parish Taxes, due within that Part of the said Northampton County which is hereby intended to be part of Hertford County, after the said first Day of March next; any Law, Usage or Custom, to the contrary notwithstanding.

CHAPTER XV.
An Act to continue an Act therein mentioned.

(Printed in Private Acts, post.)

CHAPTER XVI.
An Act for the Relief of Abraham Jones, Esq., former Sheriff of Edgcomb County.

(Printed in Private Acts, post.)

CHAPTER XVII.
An Act to increase the salary of the Reverend Thomas Burgess, Minister of Edgcomb Parish, in the County of Halifax.

I. Whereas by the Act of Assembly, for confirming an agreement made by the Church Wardens and Vestry of Edgcomb Parish, in Halifax County, with the Reverend Thomas Burgess, the Vestry of the said Parish are restrained from levying and paying a larger Sum of Money than One Hundred Pounds per Annum, to the said Thomas Burgess, which is much less than the salary allowed by Law to other Ministers within this Province.

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 said Vestry of Edgcomb Parish shall levy and pay to the said Thomas Burgess as much money per annum as other Ministers within this Province shall continue

-------------------- page 659 --------------------
to have, by Virtue of an Act of Assembly, for making Provision for an orthodox Clergy; any Law, Usage or Custom to the contrary, notwithstanding.

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

Read Three Times and ratified in open Assembly, the 27th Day of November, 1764.