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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1765
North Carolina. General Assembly
May 03, 1765 - May 18, 1765
Volume 23, Pages 660-663

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LAWS OF NORTH CAROLINA, 1765.

At an Assembly begun and held at Wilmington the Third Day of February, in the Fourth 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, etc., and in the Year of our Lord One Thousand Seven Hundred and Sixty-Four; and from thence continued, by several Prorogations, to the Third Day of May in the Fifth Year of the Reign of our said Sovereign Lord George the Third, &c., and in the Year of our Lord One Thousand Seven Hundred and Sixty-Five; to be then held at New Bern; Being the Third Session of this present Assembly.

CHAPTER I.
An Act for establishing an Orthodox Clergy.

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

II. Be it Enacted by the Lieutenant Governor, Council, and Assembly, and by the Authority of the same, That every Minister now or hereafter to be preferred to, or received, into any Parish within this Province, as incumbent thereof, shall have and receive a Salary of One Hundred and Thirty-three Pounds Six Shillings and Eight Pence, Proclamation Money; to be paid by the Church Wardens and Vestrymen, on or before the last Day of June, Annually: And every Minister may take and receive for the Services hereinafter mentioned, the following Fees, to-wit:

For Marrying, if by Licence, Twenty Shillings; if by Banns, Five Shillings.

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

For preaching a Funeral Sermon, if required, Forty Shillings, Proclamation Money.

And may demand and receive the said Perquisites, if he shall not refuse or neglect to do the said Services although such services shall be performed by any other Person.

III. And be it further Enacted by the Authority aforesaid, That in every Parish of this Province, where a Glebe is not already purchased and appropriated; a Tract of good Land, to contain two Hundred Acres at least, shall be purchased by the Vestry, as a Glebe for the Use of the Incumbent of such Parish for the Time being, and his Successors forever; and until such Glebe shall be purchased, and buildings erected thereon, in Manner hereinafter mentioned, the Minister of such Parish shall have and receive the Sum of Twenty Pounds Proclamation Money, Annually. And where a Mansion House and convenient outhouses are not alrealy erected, for the use of the Minister, It is hereby Enacted, That the Vestry of every such Parish, are hereby authorized, impowered and required, to cause to be erected and built on such Glebe, one convenient Mansion House, of thirty-eight Feet in Length, and Eighteen Feet in width, a Kitchen, Barn, Stable, Dairy and Meat House, with such other Conveniences as they shall think necessary.

IV. And to the End that the Buildings already erected, or hereafter to

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

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

VI. And be it further Enacted by the Authority aforesaid, That if any Clergyman presented to any Parochial living within this Province, shall be guilty of any Gross Crime or notorious Immorality, it shall be lawful for the Governor or Commander in Chief for the time Being, by and with the Advice of his Majesty's Council, to suspend the said Clergyman from serving the Cure of such Parish whereof he was Incumbent; and such Suspension shall be deemed good and Valid, until such Time as the Bishop of London shall either restore, or pass Sentence of Deprivation on him, by notifying the same to the Governor, or Commander in Chief for the Time being.

VII. And be it further Enacted by the Authority aforesaid, That every Parish, the Minister whereof shall be suspended as aforesaid, shall be entirely discharged from the Payment of the Salary and Provisions by this Act allowed and made for the Minister thereof, for all such Time as the said Suspension shall remain in Force.

VIII. And be it further Enacted by the Authority aforesaid, That all and every Act and Acts heretofore passed, relative to the making Provision for an orthodox Clergy, and all and every Clause and Article contained in any such Act or Acts (except one Act of Assembly, intituled an Act to confirm an Agreement made by the present Church Wardens and Vestry of Christ Church Parish, in Craven County, with the Rev. James Reed; and also one other Act, intituled an Act to confirm an Agreement made by the Church Wardens and Vestry of Edgcomb Parish, in Halifax County, with the Rev. Thomas Burgess), from henceforth shall be repealed and made void.

IX. And be it further Enacted, by the Authority aforesaid, That every Sheriff, and other Parish Collector, shall, on his Appointment to the said Office, enter into Bond, with sufficient Securities, to the Church Wardens and Vestrymen of the Parish whereof he shall be so appointed Collector, with Condition, that he will well and truly collect and pay to the said Church Wardens and Vestrymen, the taxes by them assessed, for the use of the Parish; and also save harmless, and keep indemnified, the said Church Wardens and Vestry, from all Suits, Costs, and Damages, which they shall sustain, if the said Collector shall fail to make such Collection, and Payment.

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

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Parish Collector shall fail or neglect to collect and pay to the Church Wardens and Vestry of the Parish whereof he is Collector, on or before the thirtieth Day of June aforesaid, all such Parish Taxes as he shall or ought to have collected, after deducting the Commissions by Law allowed him, and the Sums chargeable to Persons who have no visible Estate in his Parish; it shall and may be lawful for the Superior Court of the District, on Motion of the Church Wardens and Vestrymen, to give Judgement against such Collector, and his Securities, for all the Money wherewith he is or shall stand chargeable as aforesaid, with costs, and to award Execution. Provided, That such Collector have Ten Days, previous Notice of such motion.

XI. And be it further Enacted, by the Authority aforesaid, That the Church Wardens and Vestry of each Parish, shall pay and satisfy to the Minister thereof, the Salary by this Act allowed him, on or before the First Day of August, in every Year: And in Case of Neglect or Refusal, the Minister shall and may, by Motion in the Superior Court have the like Remedy, Proceedings and Relief, against such Church Wardens and Vestry so neglecting or refusing, as is or may, by Virtue of this Act, be had against any Parish Collector, for Taxes by him to be collected and paid to the Church Wardens and Vestry.

XII. And be it further Enacted, by the Authority aforesaid, That the Minister of every Parish, shall preach at the Churches and Chapels which now are, or hereafter shall be erected in the Parish whereof he is Minister, and at such other suitable Places as the Vestry for the Time being shall Direct.

CHAPTER II.
An Act for opening and cutting two Roads from the Ferry on the North west River, opposite Eagle's Island, in Brunswick County, and other Purposes.

I. Whereas by an Act of Assembly lately passed at Wilmington, William Dry, Esquire, is impowered to make a Public Road through the great Island opposite the Borough of Wilmington, which said Road is nigh opened; and as it is necessary that two Roads should be laid off and made from the Ferry on the Northwest River, leading from the said New Road, one towards Brunswick, the other upwards into the main Road:

II. Be it therefore Enacted, by the Lieutenant Governor, Council and Assembly, and by the Authority of the same, That the Inferior Court of Brunswick County shall, within Three Months after the Passing this Act, nominate and appoint Twelve Men to lay out the said Roads; and the Persons so appointed, or the Majority of them, shall, within Two Months after their Appointment, lay out the said Roads, from that Part of the Northwest River opposite the Road through Eagle's Island; one Road leading towards Brunswick, the other towards Bladen County, each to intersect the Main Road the best and nearest Way: And if any Person appointed to lay out the said Roads shall refuse or neglect to perform the same, he shall forfeit and pay the Sum of Five Pounds, Proclamation Money; to be recovered by any Person who shall sue for the same, by Action of Debt, brought in the Name of the Chairman of the Inferior Court of Brunswick County; which Money when recovered, shall be paid to the Chairman of said Court, and by him be applied towards making the said Roads.

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

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Inferior Court shall, within Six Months after the passing of this Act, appoint an Overseer or Overseers, as they shall think requisite: And in Case the Persons liable to work on the said Roads in the District where the same is to be made should not be sufficient to make and finish the same, the said Court is hereby impowered and directed to order any Number of Hands they shall think necessary, out of any other District or Districts within their County, to assist in making and finishing the same under the Penalty of One Hundred Pounds, Proclamation Money; to be recovered by, and paid to, any Person sueing for the same; one Half to his own Use and the other half to be by him applied for and towards making the said Roads; and the Overseer or Overseers appointed by the said Court shall, and are hereby vested with the same Powers and Authorities, and liable to the same Penalty, as any Overseers of Roads are vested with, or liable to; And the Overseer or Overseers so appointed shall, within Eighteen Months after their appointment, make and finish, or cause to be made and finished, the said Roads, with all Bridges that may be necessary, under the Penalty of Fifty Pounds, Proclamation Money, each to be recovered by any Person sueing for the same; one Half to his own Use, and the other Half to be paid to the Chairman of the Inferior Court of Brunswick County, to be by him applied for and towards compleating the said Roads.

IV. And be it further Enacted by the authority aforesaid, That no Person whatever residing, or to reside on the said Island, shall be licenced to keep any Tavern, Ordinary, or Tippling-House thereon, within One Mile of the said Road, other than at the Ferry Houses.

V. And to enable the said William Dry to make a Good and sufficient Causeway through the said Island, opposite to Wilmington; Be it Enacted, by the Authority aforesaid, That the said William Dry, his Servants or Slaves, shall and may at all Times hereafter, make use of any Earth, Dirt, or Sand, necessary in making and repairing the Causeway aforesaid, from off any Person's Land adjacent thereto without any Let, Hindrance, or Molestation whatever.

CHAPTER III.
An Act confirming the Title of William Dry, Esquire, to certain lands therein mentioned.

(Printed in Private Acts, post.)

CHAPTER IV.
An Act to impower the Sheriff of Orange County to collect a Tax of one Shilling and Six Pence, Proclamation Money, laid on the Taxable Persons in the said County, by an Act of Assembly of this Province, passed in the Fourth Year of the Reign of his Present Majesty.

(Printed in Private Acts, post.)