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Acts of the North Carolina General Assembly, 1766
North Carolina. General Assembly
November 03, 1766 - December 02, 1766
Volume 23, Pages 664-687

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LAWS OF NORTH CAROLINA, 1766.

At an Assembly, begun and held at New Bern the Third Day of November, in the Seventh Year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven Hundred and Sixty Six: Being the First Session of this present Assembly. William Tryon, Esq., Governor.

CHAPTER I.
An Act for appointing a Public Treasurer in the room of John Starkey, Esq., deceased. Repealed.

[Full text is available at vol. 25, p. 494-495.]

CHAPTER II.
An Act for erecting a Convenient Building within the Town of New Bern, for the residence of the Governor or Commander in Chief for the Time Being.

I. Whereas it is necessary that a Convenient Edifice, for the Residence of the Governor or Commander in Chief for the Time being within this Province, be erected;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That His Excellency William Tryon, Esq., Governor and Commander in Chief in and over this his Majesty's Province of North Carolina, be and is hereby authorized and impowered to purchase any Number of Lots of Land, not exceeding Twelve, lying within the Limits and Boundaries of the Town of New Bern, in any Part of the said Town he shall think most Proper and Convenient; and to take and receive one or more Deed or Deeds, sufficient in Law for the conveying the same to himself and his Successors, Governors, and Commanders in Chief of this Province; and upon such Conveyance and Conveyances, his Excellency the Governor is hereby requested and impowered, as soon as may be, to contract and agree with proper Persons for designing, erecting, and completely finishing a Good Dwelling House, with all necessary Offices, for the Use of Himself, and his Successors, Governors, and Commanders in Chief, in and over this Province; and that the planning, Designing, Building, and finishing the said Edifice and Offices, shall be under the sole Direction and Management of his Excellency the Governor, or such Person or Persons as he shall appoint, till the same is completely built and finished; And the said Lots of Land, with the Houses, Buildings and other Edifices thereon to be erected, shall, and is hereby directed to be for the Use of his Excellency the Governor, and his Successors, Governors and Commanders in Chief in and over this Province, forever.

III. And be it further Enacted, by the Authority aforesaid, That his Excellency the Governor, as often as he shall have Occasion, of Money for the Purposes aforesaid, may, and is hereby authorized to issue his Warrant to one or Both of the Treasurers of this Province, requiring him or them to pay so much Money as he shall have Occasion for, not exceeding the

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Sum of Five Thousand Pounds, Proclamation Money; which the said Treasurers are hereby required to pay to his Excellency the Governor, upon his Warrant, out of the Money appropriated by Act of Assembly for erecting of Public Schools, and purchasing Glebes.

IV. And for replacing the said Sum of Five Thousand Pounds into the Hands of the Treasurers of this Province by the Time appointed for the sinking of the same; Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That an Annual Poll-Tax of Eight Pence, Proclamation Money, be levied on each Taxable Person in this Province, for and during the Term of Two Years, from and after the First Day of January next; to be collected by the Sheriff of each respective County, on or before the First Day of March in each Year; And that all and every Person neglecting to pay the said Tax at the said First Day of March, shall be liable to such Distress, to be made by the Sheriff, as for non-payment of other Taxes; and the Sheriff of each Respective County shall, on or before the Tenth Day of June, Yearly, pay into the Hands of the Public Treasurer of the District, all such Sums of Money as each and every one of them shall have received in Virtue of this Act, under the same Regulations and Directions, and like Fines and Penalties, as are directed and inflicted in other Acts for collecting of Public Taxes.

V. And be it further Enacted, by the Authority aforesaid, That an additional Duty of Two Pence, Proclamation Money, be paid for every Gallon of Wine, Rum and distilled Liquors, imported into this Province, either by Land or Water, from any Port or Place whatsoever (Great Britain excepted) after the First Day of January next, for and during the Term of Two Years next ensueing; which said additional Duty shall be collected by the same Officers, and accounted for in the same Manner, and under the same Regulations, as other Duties on Wine, Rum, and Distilled Liquors imported into this Province, are directed and paid into the Hands of the Treasurers, towards raising the said Sum of Five Thousand Pounds, for the Uses and Purposes as in this Act directed.

CHAPTER III.
An Act appointing the Method of distributing Intestates' Estates.

I. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all and every Person or Persons to whom administration on the Estate of any Deceased Person shall hereafter be granted, shall distribute the Surplus of such Estate in Manner following; that is to say, One-third Part of the said Surplus to the wife of the Intestate, and all the rest by equal Portions, to and amongst the children of such Person dying Intestate, and such Persons as legally represent such children, in Case any of the said Children be then dead, other than such Child or Children (not being Heir at Law) who shall have any Estate by the Settlement of the Intestate, or shall be advanced by the Intestate in his lifetime, by Portion or Portions, equal to the Share which shall by such Distribution be allotted to the other Children to whom such Distribution is to be made: And in case any Child other than the Heir at Law, who shall have any Estate by Settlement from the said Intestate, or shall be advanced by the said Intestate in his lifetime, by Portions not equal to the Share which shall be due to the other Children by such Distributions as aforesaid, then so much of the Surplus of the Estate of such Intestate to be distributed to

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such Child or Children as shall have any Land by Settlement from the Intestate, or were advanced in the lifetime of the Intestate, as shall make the Estate of all the said Children to be equal, as near as can be estimated; but the Heir at Law, notwithstanding any Land that he shall have by Descent, or otherwise, from the Intestate, is to have an equal Part in the Distribution with the rest of the Children, without any Consideration of the Value of the Land which he hath by descent, or otherwise, from the Intestate: And in case there should be no children, nor any Legal Representatives of them, then one Moiety of the said Estate, to be allotted to the Wife of the Intestate; the Residue of the said Estate to be distributed equally to every of the next of kin of the Intestate who are in equal degree, and to those who legally represent them: Provided, That there be no Representatives admitted amongst Collaterals after Brothers and Sisters' Children. And in Case there be no Wife, then all the said Estate to be distributed equally to and amongst the Children; and in Case there be no Child, then to the next of Kindred, in equal Degree of or unto the Intestate, and their legal Representatives as aforesaid, and in no other Manner whatsoever. And if after the Death of the Father, any of his Children shall die Intestate, without Wife or Children, in the Lifetime of the Mother, every Brother and Sister, and the Representatives of them, shall have an Equal Share with the Mother of the Estate of the Child or Children so dying Intestate.

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

CHAPTER IV.
An Act for the Relief of such Persons as have suffered or may suffer, by not having had their Deeds and mesne Conveyances proved and registered within the Time heretofore appointed for such Purposes.

I. Whereas by an Act passed at New Bern, in the year of our Lord One Thousand Seven Hundred and Fifty Four, entitled an Act for Relief of such Persons as have suffered or may suffer, by not having had their Deeds and Mesne Conveyances registered and proved within the Time heretofore appointed for such Purposes, and to prevent Suits and Law Suits, concerning Lands and Deeds or Mesne Conveyances for any Lands, Tenements or Hereditaments, within this Province, were to be acknowledged or proved according to the Directions of that Act, and delivered to the Register of the Counties wherein they are respectively situated, within the Space of Two Years from the respective Dates thereof; And many Persons through Ignorance of the Purport of the said Law, or other Causes have neglected to have their Deeds and Mesne Conveyances proved and registered, according to the Directions of the said Act: For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all Deeds and Mesne Conveyances of Lands, Tenements and Hereditaments, not already registered, acknowledged or proved, shall and may, within eighteen Months after the passing of this Act, be acknowledged by the Grantor or Grantors, his or their Agents or

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Attornies, or proved by one or more of the Subscribing Witnesses to the same, and tendered or delivered to the Registers of the Counties where such Lands, Tenements, Hereditaments are respectively situated; And all Deeds and Mesne Conveyances whatsoever, which shall be acknowledged or proved, according to the Directions of this Act, and also such as have been heretofore proved or recorded by the Clerk, and registered by the Registerer of any County wherein the Lands and Tenements mentioned in the same lie or are Situate, though not within Two Years after the Date of the respective Conveyance, shall be good and Valid in Law, and shall enure and take Effect as fully and Effectually, to the Use and Behoof of the Grantees, their Heirs and Assigns, and those claiming under them, as if such Deeds and Conveyances were acknowledged, or proved and registered, agreeable to the Direction of any Act of Assembly heretofore made.

CHAPTER V.
An Act for reviving and re-enacting the several Acts of Assembly relating to the Inspection of Tobacco. Expunged.

[Full text is available at vol. 25, p. 495-496.]

CHAPTER VI.
An Act to amend and continue an Act, entitled, an Act for appointing a Militia. Expunged.

[Full text is available at vol. 25, p. 496.]

CHAPTER VII.
An Act to amend an Act, entitled, An Act for rendering more Effectual the Laws making Lands, and other real Estates, liable to the Payment of Debts. Expunged.

[Full text is available at vol. 25, p. 496-498.]

CHAPTER VIII.
An Act for facilitating the Navigation of Port Bath, Port Roanoke, and Port Beaufort.

I. Whereas considerable Injuries have frequently happened to divers Merchants who have sent their Ships and Vessels to Bath, Edenton and New Bern, by Reason of the Badness of the Channels leading to the said Places the Insufficiency and Negligency of the Pilots, the Want of Staking out the said Channels, and making the Navigation more easy, whereby the Trade of those Parts of the Province is greatly impaired: For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the Honourable Robert Palmer, Esq., Thomas Respiss, Wyriot Ormond, and Peter Blinn, Esqrs., be and are hereby appointed Commissioners for Port Bath; the Honourable Henry Eustace McCulloch, Esq., and John Campbell, Joseph Blount, Edward Vail, Joseph Hewes, John Hodgson, William Lother, and Cullen Pollock, Esqrs, be and they are hereby appointed Commissioners for Port Roanoke; and Gabriel Cathcart, Samuel Cornell, Thomas Haslin, Thomas Clifford Howe, John Smith and William Wilton, be, and are hereby appointed Commissioners for Port Beaufort; to contract with proper Persons to examine, from Time to Time, the situation of the Swatch, and to keep the same, and all other Channels

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leading from Ocacock Bar, to Port Bath, Edenton, and New Bern, well and sufficiently staked out, and to erect Beacons at Ocacock, Beacon Island, Core Banks, and all other such Places as the said Commissioners shall think most Convenient for the safety of the Vessels.

IV. And be it Enacted, by the Authority aforesaid, That the said Commissioners, or the Majority of them, in each respective Port, shall have full Power and Authority to examine Pilots touching their Qualification, and upon their Approbation, to grant them a Certificate or Certificates, to be produced to the Governor, or Commander in Chief for the Time Being, in order to obtain his Warrant to Pilot Vessels in all or any of the Respective Ports aforesaid: And in Case any Person shall pretend to pilot or take Charge of any Ship or Vessel without having passed an Examination as aforesaid, and obtained a Warrant for so doing, and also given Bond, in Manner as is hereafter directed, shall forfeit and Pay, for each and every Offence, the Sum of Twenty Pounds, Proclamation Money.

V. Provided nevertheless, That no Person shall be subject to the said Penalty, who shall obtain a Certificate of his Qualification as aforesaid, within Four Months from and after the passing of this Act.

VI. And be it further Enacted, by the Authority aforesaid, That all Pilots already appointed, or that shall be hereafter appointed, shall give Bond, in the Sum of One Hundred Pounds, with Two Good Securities, to the respective Commissioners of the several Ports before mentioned in which they shall act as Pilots, conditioned for the True and faithful Discharge of their Duty.

VII. And be it Enacted, by the Authority aforesaid, That there shall be paid and allowed to every Pilot who shall take Charge of any Ship or Vessel, the following Pilotage; that is to say:

For every Ship or vessel from the outside of the Bar of Ocacock, into Beacon Island Road, Two Shillings, Proclamation Money, per Foot; for every Vessel that draws Nine feet of Water, or less; and for every Vessel that draws more than Nine and under Ten Feet of Water Two Shillings and Six Pence, Proclamation Money, per foot; and for every Vessel drawing Ten Feet, and upwards, Three Shillings per Foot; and that the same Sums be allowed to Pilots for Pilotage outward as inwards.

And for every Vessel from Beacon Island Road, that draws Six Feet Water, or less, to Bath Town, Thirty Shillings, Proclamation Money; and for every Vessel that draws above Six Feet Water, Six Shillings, Proclamation Money, per foot.

And for every Vessel from Beacon Island Road, that draws Six Feet Water, or less, to Edenton, Three Pounds Proclamation Money; and for every Vessel that draws above Six Feet Water, Ten Shillings, Proclamation Money, per Foot.

And for every Vessel from Beacon Island Road, that draws Six Feet Water, or less, to New Bern, Thirty Six Shillings, Proclamation Money; and for every Vessel drawing above Six Feet Water, Seven Shillings per Foot.

And when any Vessel whatsoever shall be bound over the Bar of Ocacock aforesaid, whether such Vessel shall make a Signal for a Pilot or not, any Pilot who shall go over the Bar aforesaid to Pilot such Vessel into Port, and offer his Service for that Purpose shall be entitled, although the Master of such Vessel shall refuse to employ him, to Half the Fees which he would have been entitled to if he had taken Charge of, and piloted such Vessel over the Bar aforesaid; and the Master shall be obliged to pay the same Accordingly: And any Pilot appointed as is hereinbefore mentioned, who shall Demand or exact any Larger Sums of Money than is by this Act Directed

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and appointed, shall Forfeit and pay Ten Pounds; provided that Suit is brought or prosecuted within One Year after such Demand or Exaction made and not afterwards.

VIII. And be it further Enacted, by the Authority aforesaid, That Each of the said Collectors herein appointed for the several Ports aforesaid shall, before he enters on the said Office, give Security, in the Sum of Three Hundred Pounds, to the Commissioners herein appointed for each of the said Ports respectively, for the due Performance of the Trust reposed in Him, and for his accounting with, and paying to the said Commissioners, as often as required, all such Sum or Sums of Money as shall be, from Time to Time, by him received; and if either of the said Collectors shall refuse to give such Security, it is hereby Enacted, That the said Commissioners of that Port shall and may appoint another Receiver or Receivers in his or their Place and Stead, who shall have full Power and Authority to receive the said Tax, giving such Security to the Commissioners of the Port where he is so appointed.

IX. And be it further Enacted, by the Authority aforesaid, That each Receiver shall, in his Port, have full Power and Authority, to go on Board any Vessel, in order to measure and ascertain, the Burthen of such Vessel; and shall likewise have Power and Authority to Examine, on Oath the Master of any Vessel for that Purpose.

X. And be it further Enacted, by the Authority aforesaid, That from and after the Passing of this Act, no Collector of either of the said Ports shall clear out any Vessel till the Master shall have produced to him a Certificate from the Receiver of the said Tax, of his having paid the same, under the Penalty of Twenty Pounds.

XI. And be it further Enacted, by the Authority aforesaid, That the Expence of setting up Beacons at Ocacock, Beacon Island, and Core Banks, and the staking out the Swatch, shall be discharged by the Commissioners hereby appointed for the several Ports, in the Proportion following, that is to say: The Commissioners for Port Roanoke shall pay Two Fifths of the said Charge and Expence; and the Commissioners for the Port of Bath, and for the Port of Beaufort, shall pay the other Three Fifths of the said Charge and expence out of the Monies by them received, in Proportion to the Sums received in the said Ports of Bath and Beaufort; and the Expence of staking out the other Channels leading to each of the said Ports, shall be severally paid by the Commissioners of each respective Port to which the said Channels lead.

XII. And be it further Enacted, by the Authority aforesaid, That upon the Death, Removal, or Refusal of any of the said Commissioners or Receivers to Act, the remaining Commissioners of each respective Port, shall and may Choose and appoint another Commissioner or receiver in the said Port, in the Room of such Commissioner or Receiver so dying, removing, or refusing to act.

XIII. And be it further Enacted, That no Master or other Person, belonging to any Vessel trading to this Government, shall cast or throw overboard, into any Channel or River within this Province, any Stones, or other Ballast whatsoever; or any Oysters or Oyster Shells, under the Penalty of One Hundred Pounds, for every such Offence: And if any Person or Persons shall Wilfully pull down, remove, or destroy any Beacon, Stake, or other Mark erected or placed in Virtue of this Act, he or they shall, for every such Offence, forfeit and pay Fifty Pounds.

XIV. And be it further Enacted, That the said Commissioners, as often as they are required, shall account with the general Assembly for such

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Money as shall be by them, from Time to Time, respectively received; and shall have such Allowance for their Expences actually disbursed, as shall appear Reasonable.

XV. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Commissioners hereby appointed for Port Bath and Port Beaufort to demand and receive from the Receiver or Receivers of the Duty on the Tonnage of Vessels, all such Sum or Sums of Mony as shall, at the time of passing this Act, be in his or their Hands, arising from the said Duty; and for them to apply the same towards amending and improving the Navigation of the said Ports, in such Manner as to them shall seem necessary and convenient.

XVI. And be it further Enacted, That the Commissioners appointed by this Act for Port Beaufort, are hereby Authorized and impowered to demand of the late Commissioners, the Survivor or Survivors of them, an account of the Monies received by him or them, by Virtue of his or their Office, and also, of all Monies paid for the services expressed in the before recited Act; and if there should be any Ballance remaining in his or their Hands, to pay the same to the Commissioners herein appointed; under the Penalty of One Hundred Pounds, Proclamation Money; to be recovered by Action of Debt in the Superior Court of the District of New Bern, by the Commissioners herein named, and applied towards the Purposes of this Act; and the Commissioners herein appointed are authorized and impowered to settle with, and shall pay any Ballance that may appear to be due to the former Commissioners, or any of them, for any Sums by them advanced.

XVII. And be it further Enacted, by the Authority aforesaid, That each and every Fine imposed by this Act shall be recovered by Action of Debt, in any Court of Record in this Province, having Cognizance thereof; one Half to the Person sueing for the same, the other Half to the Commissioners where the Offence shall be committed; to be by them applied towards the staking out the Channel as aforesaid.

XVIII. And whereas the Pilots that attend Ocacock Bar, have petitioned this Assembly to have Privilege to build Houses and haul up their Boats on the Island of Ocacock, and the Land formerly assigned for that Purpose being wasted away, and Disputes and Controversies concerning the Right of the Pilots to settle on said Island have arisen; Be it therefore Enacted by the Authority aforesaid, That any Three or more Commissioners appointed by this Act, shall attend at Ocacock Island within Six Months after the passing of this Act, and lay off Twenty Acres of Land in the most proper part of that Island, and value the same on Oath, and pay the Valuation Money to the present Owners of Ocacock Island, and take a Deed of Conveyance for the said Twenty acres of Land, to be vested in the Commissioners for the Navigation, and for the Benefit of the Public, to allot and lay off a Part to every Branch Pilot who may hereafter attend to Pilot and conduct Vessels into Ocacock Inlet, by a Lease for such Lot as is assigned him, during the Term of his Residence, and no longer. And the Commissioners or the Majority of them, may remove any Pilot, disqualified, from any Lot or House they erect on the Ground leased to such Pilot, and lease the same to other Pilots. And for defraying the Expence of purchasing said Lands, and Commissioners Expence the Several Ports of Roanoke, Bath, and Beaufort, shall pay their respective Quotas, as in other Matters is directed; and the said Twenty Acres of Land so laid out by the Commissioners, is hereby declared to be invested in the Commissioners for the Time

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Being, in Fee-Simple, to and for the Uses, Intents and Purposes, before mentioned.

XIX. Provided nevertheless, That no Pilot, by Virtue of this Act, shall keep running at large any Cattle, or maintain any Live-stock, of any kind, on the said Island of Ocacock, to the Prejudice of the present Proprietors; and all such Cattle or other Stock owned by the said Pilots on the said Island, are hereby declared to be forfeited to the present Proprietors, their Heirs or Assigns, forever.

XX. And whereas the navigation of Old Topsail Inlet, and of Core Sound, may be greatly facilitated for the Benefit of the Trade of several Parts of this Province; Be it therefore Enacted, by the Authority aforesaid, That William Cole, John Eason, and Robert Read, of Carteret County, be and are hereby appointed Commissioners for the Navigation of Old Topsail Inlet; and from said Inlet, through Core Sound to Harbour Island; and are hereby authorized to contract with proper Persons to erect one or more Beacon or Beacons for Old Topsail Inlet; and for staking out the Channel from said Inlet, through Core Sound, to Harbour Island; and from Time to Time, to keep the same in Repair, as Need may require.

XXI. And for defraying the Expence of erecting one or more Beacon or Beacons, and staking the Channel aforesaid, and keeping the same in Repair; Be it further Enacted, by the authority aforesaid, That the following Taxes shall be paid by the Master or Owner of each Vessel, of the Tonnage and Draught of Water hereafter mentioned, coming in at Old Topsail Inlet, or going either way, through Core Sound, from Harbour Island to Harker's Island, or further; that is to say:

All Vessels of Thirty, or under Fifty Tons, coming in at Old Topsail Inlet, shall pay Ten Shillings, Proclamation Money.

Every Vessel of Fifty, and under One Hundred Tons Burthen, or Upwards, coming in as aforesaid, shall pay Twenty Shillings, like Money.

And every Craft or Vessel going either Way through Core Sound, to or from Harbour Island to Harker's Island, or further; and drawing Three, and under Four Feet Water, shall pay Four Shillings.

Every Craft or Vessel drawing Four, and under Five Feet Water, shall pay Six Shillings and Eight Pence.

And every Craft or Vessel drawing Five Feet Water, and upwards, shall pay Ten Shillings, Proclamation Money.

XXII. And be it further Enacted, by the Authority aforesaid, That the said Commissioners, or their Successors, shall, from Time to Time, as they seem Meet, appoint Two Receivers of the aforesaid Taxes; and take sufficient Bond and Security of them, for the faithful Discharge of their Trust; one Receiver residing in or near the Town of Beaufort, and the other on some convenient Part of Core Sound: And the said Receivers or Commissioners themselves, are hereby impowered to stop or retain any Vessel or Vessels coming in at Old Topsail Inlet, or going through Core Sound, until the Master or Owner of the same shall pay the above rated taxes: And in Case the Master or Owner of any Vessel or Craft, shall endeavour to escape, and evade payment of the above mentioned Tax, the Commissioners or Receivers may pursue such Vessels, and put men on Board of them, and charge the Expense to the Master or Owner of such Vessel who shall be obliged to pay the same.

XXIII. And be it further Enacted, by the Authority aforesaid, That if any Vessel shall escape, or go out at the Inlet, or pass through Core Sound, without paying the aforementioned Tax, that the Master or Owner of such Craft or Vessel shall forfeit and pay Twenty Pounds, Proclamation Money;

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to be recovered at the Suit of the Commissioners, with Costs, in any Court of Record in this Province; the one Third to be paid to the Informer, and the other Two Thirds to be applied, with the Tax, for the Improvement of the Navigation.

XXIV. And be it further Enacted, by the Authority aforesaid, That this Tax shall not Effect the Inhabitants of Core Sound, living between Harbour Island and Beaufort, at the First Transporting of their Naval Stores, or any Produce of their Plantations, to Market.

XXV. And be it further Enacted, That in Case of the Death, Refusal to Act, or Removal of any of the above named Commissioners out of Carteret County, the remaining Commissioner or Commissioners, shall from time to time choose another Commissioner or Commissioners in the Room and Stead of him or them so dying, refusing to Act, or removing; who shall be vested with the same Powers and Authorities, as if he had been expressly Named in and by this Act.

XXVI. And be it further Enacted by the Authority aforesaid, That the aforesaid Commissioners shall give Bond of Three Hundred Pounds, Proclamation Money, to the Governor or Commander in Chief for the Time Being, for the faithful Discharge of their Trust, and proper Application of the said Taxes, according to the Intention of this Act; and the said Bond to be renewed as often as a new Commissioner is Chosen, and acknowledged in the Inferior Court of Carteret County; and to be there lodged in the Clerk's Office.

XXVII. And whereas there is some Powder Money, formerly received of Vessels that have come in at Old Topsail Inlet, still remaining unapplied, in the Hands of Robert Read; Be it further Enacted, That the said Commissioners for Old Topsail Inlet, and Core Sound, are hereby impowered to sue for, recover, and receive the same; to be applied for facilitating and improving the aforesaid Navigation.

XXVIII. And whereas the Fee allowed to the Captain of Fort Johnston, from all Masters of Vessels coming into the River of Cape Fear, is found, from experience, not to be adequate to the services he is obliged to perform; Be it therefore further Enacted, by the authority aforesaid, That from and after the Passing of this Act, the Captain of the said Fort shall and may have and receive, from the Master of every Vessel coming into the said River of Cape Fear the Sum of Ten Shillings, Proclamation Money, for administering the Oath prescribed by Law, and signing a Bill of Health; any Law to the contrary notwithstanding.

XXIX. 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, and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER IX.
An Act to amend an Act, intituled, an Act concerning Marriages.

I. Whereas by an Act intituled, an Act concerning Marriages, it is Enacted, That no Minister, or Justice of the Peace, shall celebrate the Rites of Matrimony between any Persons, or join them together as Man and Wife, without Licence or Certificate of Publication, as mentioned in the said Act; and whereas the Presbyterian, or Dissenting Clergy, conceiving themselves not included in the Restriction of Ministers mentioned in that Act, have joined Many Persons together in Holy Matrimony, without either Licence or Publication; whereby the Payment of the Just and Legal Fees to the Governor

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on such Occasions, has been eluded, and the Validity of Marriages may be endangered:

II. Be it Enacted by the Governor, Council, and Assembly, and by the authority of the same, That all Marriages that have been, or shall be solemnized, before the first Day of January next, by any of the Dissenting or Presbyterian Clergy, in their Accustomed Manner, shall be and are hereby declared to be as Valid, legal and Effectual, to all Intents and Purposes, as if performed by any Minister of the Church of England, under a Licence taken and granted according to the Directions of the aforesaid Act.

III. And be it further Enacted, by the Authority aforesaid, That from and after the First Day of January next, no Minister of the Church of England, or any Justice of the Peace within this Province shall, under the Penalty of Fifty Pounds, Proclamation Money, for every violation of this Act, perform, celebrate or solemnize any Marriage, or the rites of Matrimony, between any Persons whatsoever, or join them together as Man and Wife, without Certificate of Thrice Publication of the Banns, according to the Directions of the said Act; or Licence first Had and obtained, under the Hand and Seal of the Governor or Commander in Chief for the Time being; who is hereby authorized to grant the same, on Certificate from the Clerk of the County Court, of his having taken and filed in his Office, the usual Bond, in the Penalty of Fifty Pounds, Proclamation Money; with Condition that there is no Lawful Cause to obstruct the Marriage for which such Licence is desired.

V. And be it further Enacted, by the Authority aforesaid, That the Governor or Commander in Chief for the Time being, for each Licence of Marriage granted as aforesaid, shall be entitled to take and receive Twenty Shillings, Proclamation Money.

VI. And be it further Enacted, by the Authority aforesaid, That all and every Certificate or Certificates to the Governor or Commander in Chief, for obtaining Licence as aforesaid, and Bonds aforesaid, shall be made and taken by the Clerk of that County in which the Feme resides; and such Clerk is hereby directed to make such Certificate under the Restriction, in Relation to Persons under Age, as mentioned in the aforesaid Act; for which said Service of taking the Bonds, and giving such Certificates, said Clerk is hereby authorized to take and receive Five Shillings, Proclamation Money, and no more: And if any Clerk shall ask or Demand any larger Sum for filling up the Licence, and other Services by him to be done, by Virtue of this Act, as aforesaid, he shall for every Offence, forfeit and pay the Sum of Forty Shillings, Proclamation Money; to be recovered by a Warrant from a Justice of the Peace, to the use of the Party grieved.

VII. And be it further Enacted, by the Authority aforesaid, That from and after the First Day of January next, it shall and may be lawful for any Presbyterian Minister, regularly called to any Congregation, in this Province, to celebrate the Rites of Matrimony between Persons, and join them together as Man and Wife, in their usual and accustomed Manner; under the same regulations and Restrictions, as any lawful Magistrate in this Province might celebrate and solemnize the same.

VIII. Provided always, That all such Marriages so solemnized by any Presbyterian Minister as aforesaid, shall be under a Licence, first had and obtained from the Governor or Commander in Chief for the Time being, or by Licence in such Manner as directed by this Act; and that all Marriages

-------------------- page 674 --------------------
solemnized as aforesaid, without such Licence first had, shall be and are hereby declared illegal and void.

IX. And be it further Enacted, That any Presbyterian Minister solemnizing the Rites of Matrimony as aforesaid, without such Licence first had, shall, for every such Offence, forfeit and pay the Sum of Fifty Pounds.

X. Provided always, That the Minister of the Church of England, serving the Cure of any Parish, shall have the Benefit of the Fee for all Marriages in the said Parish, if he do not refuse to do the Service thereof, although any other Person performed the Marriage Ceremony.

XI. And for compelling the Clerks of the Inferior Courts to account with the Governor or Commander in Chief for the Time Being, for any Fees that may be received by Virtue of this, or any other Act of Assembly; Be it further Enacted by the Authority aforesaid, That when 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, on 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 to do so, the Court shall give Judgment for the whole sum Mentioned in such Notice, and award Execution thereon.

XII. 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 by Action of Debt, with Costs, before any Jurisdiction having Cognizance thereof; one Half to the Use of the Prosecutor, and the other Half to the Parish wherein such Penalty shall be incurred; to be applied by the Church Wardens towards lessening the Parish Tax.

XIII. And be it further Enacted, by the Authority aforesaid, That so much of the before recited Act, as relates to the granting or obtaining a Licence, taking the Bond, or making Certificate, contrary to, or in any other Manner than directed by this Act, shall, from and after the First Day of January next, be repealed, and made Null and Void.

CHAPTER X.
An Act for a further Allowance of Commissions to Sheriffs, and Collectors of Taxes, and other Purposes therein mentioned.

I. And as many Doubts and disputes have arisen relative to the Limits of the Prison Bounds for the Gaol of New Hanover County, be it Enacted, by the Authority aforesaid, That the Inferior Court for the County of New Hanover, to be held next after the passing of this Act, shall nominate and appoint Two of the Justices of the said Court, who, with the Sheriff of the said County, shall see the Prison Bounds run off agreeable to Law, and make a due Return thereof to the next Inferior Court; and the same shall be recorded in the Minutes of the said Court, and be and stand as the Rules and Limits of the said Gaol; any Law, Usage, or Order to the contrary, notwithstanding.

CHAPTER XI.
An Act to lay a Tax on Pedlars, and other Itinerant Traders, coming into this Province. Expunged.

[Full text is available at vol. 25, p. 498-499.]

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CHAPTER XII.
An Act to amend an Act, intituled, An Act to prevent the Exportation of unmerchantable Commodities. Expunged.

[Full text is available at vol. 25, p. 499-500.]

CHAPTER XIII.
An Act for appointing a Printer to this Province.

I. Whereas it is necessary that a Printer be appointed to print the Laws, Journals, and other Public Business of this Province,

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That James Davis, of the Town of New Bern, be appointed Printer to this Province, for and during the Term of Three Years from and after the passing of this Act, and from thence to the end of the next Session of Assembly; and that the said James Davis, at every Session of Assembly, print the Speeches, Addresses, and Journals thereof, and deliver a Copy of them to his Excellency the Governor, and to each Member of his Majesty's Council, and of the Assembly; also that the said James Davis, within Three Months after he shall have received from the Secretary attested Copies of the several Acts of Assembly that may be passed at every Session, print and transmit one Copy of them to his Excellency the Governor, one Copy to each Member of his Majesty's Council, one Copy to every Member of Assembly, one Copy to the Clerk of each House of Assembly, one Copy to the Clerk of each Superior Court, one Copy to each Clerk of the Inferior Courts; and one Copy to each and every Justice of the Peace in every County in this Province; and also a Copy of the Journals of the Assembly to the Clerk of each House.

III. And be it further Enacted, by the Authority aforesaid, That the said James Davis, within the Time aforesaid, transmit the Acts of Assembly for the several Counties to the several Clerks thereof; and that if the said Clerks, or any of them, shall not deliver the same when demanded, at his Office, to the Persons entitled to them, he or they so offending, shall forfeit and pay the Sum of Ten Pounds, to be recovered before any Court of Record within this Province having Cognizance of the same; one Half to the Informer, and the other Half to the Poor of the Parish where the Offence shall be committed: And if the said James Davis shall fail or neglect to transmit any of the Acts of Assembly as aforesaid, he shall, for each failure or neglect, forfeit and pay the Sum of Fifty Pounds; to be recovered and applied as aforesaid.

IV. And be it further Enacted, by the Authority aforesaid, That the said James Davis, for and in Consideration of his doing and performing the Services aforesaid, be allowed and paid the Sum of Two Hundred and Fifty Pounds per annum; to be paid him in half yearly Payments, by a Warrant from his Excellency the Governor, directed to either of the Public Treasurers of this Province.

V. And be it further Enacted, by the Authority aforesaid, That a Tax of Four Pence be laid on every Taxable Person within this Province, for and during the Term of Three Years, for paying and satisfying the said Salary to the said James Davis, and that the Overplus thereof be paid into the Public Treasury, to be applied to and for the Contingencies of Government; which said Tax shall be collected by the several Sheriffs, and accounted for and paid in the same Manner, and under the same Pains and Penalties, as other Public Taxes.

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CHAPTER XIV.
An Act to prevent the Inhabitants of South Carolina driving their Stocks of Cattle from thence to range and feed in this Province, and other Purposes.

I. Whereas of late Years many of the Inhabitants of South Carolina have made it a Practice to fix Cowpens, and settle People with Large Stocks of Cattle (though they are not Owners of any Lands) in this Province, which destroys the Range, and greatly injures the poor inhabitants of several of the Counties bordering on South Carolina:

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the passing of this Act, it shall not be lawful for any Person, who is not an Inhabitant of this Province, to fix any Cowpen, or settle or range any Stock or Number of Cattle in this Province; nor shall any Inhabitant, on any account whatever, take Charge of, or receive under his or her Care or Custody, in order to raise or range Stock, any Number of Cattle belonging to an Inhabitant of any other Province or wherein a Resident of any other Province hath any Share or Interest, unless such Owner or keeper shall be legally possessed in his or her own right, of a sufficient quantity of Land for feeding the said Cattle on, allowing One Hundred Acres of Land for every Ten Head of Cattle: And that the Owner or Keeper of such Cattle shall record in the Inferior Court of the County where he or she intends to range Cattle, the Number of Acres he or she is legally possessed of, and whether it is by Patent, Will, Deed, or otherwise, with the date of such Patent, Will, Deed, or other Instrument; and on any Trial for a Breach of this Law, such Record shall be deemed good Evidence against the Owner or keeper of Cattle, as to the Number of Acres such Person possesses: And if any Person contrary to this Act shall presume to range, or keep a larger Number of such Cattle than Ten Head to every Hundred acres of Land, he, she, or they, shall be legally possessed of as aforesaid, and so in Proportion; all the Cattle exceeding that Proportion, shall be forfeited and sold by the Sheriff of the County wherein the said Cattle were ranged or kept, on legal Proof made to the Inferior Court of the same County by any Freeholder thereof; the said Freeholder giving the Owner or Keeper of the said Cattle Five Days previous Notice, that at the next Inferior Court to be held for the said County, he intends to lodge a Complaint against such Person, for ranging or keeping a greater Number of Cattle than he is by Law intituled to range, or keep in the said County; and on Proof of Service of the said Notice Personally, or by having a Copy of the same left at the Place of such Person's Residence, the said Inferior Court shall, without Delay, proceed to hear the Complaint in a Summary Way, without the Solemnity of a Jury, and determine according to evidence, and the Right of the Matter before them: And if Judgment pass for the Complainant, the Clerk shall forthwith issue an Order to the Sheriff for the sale of all such Cattle, agreeable to the Judgment; which Sheriff shall without delay, either by himself or Deputy, execute the command of the said order, and return the money to the next Court; one third thereof to be paid to the Complainant, one Third Part thereof to be paid to the Church Wardens of the Parish, for the Use of the Poor (being Parishioners) and the remaining Third Part to be paid to the Former Owner of the Cattle, if called for within Twelve Months, otherwise to be applied towards the Contingent Charge of the County.

III. And be it further Enacted by the Authority aforesaid, That any Person now having the care of any Stock or Number of Cattle, the Property of an

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Inhabitant of any other Province, or wherein an Inhabitant of any other Province hath any Share or Interest, exceeding Ten Head of Cattle to every Hundred Acres of Land such Owner or Keeper shall be possessed of as aforesaid, the Person in whose Care the said Cattle are, shall, within Six Months next after the passing of this Act, remove, or cause the said Overplus Cattle to be removed out of the said County; under the Penalty of forfeiting the same, by Judgment of the Inferior Court of the County; under the same Rules and Regulations aforesaid.

IV. And whereas much Loss or Damage has often ensued to the Inhabitants of this Province, from distempered Cattle being drove through the same; For remedy whereof, Be it Enacted by the Authority aforesaid, That from and after the passing of this act, no Person or Persons Whatever, shall drive any Cattle into this Province, or from one County to another, without having with him or them a Certificate or Certificates, under the Hand and seal of a Justice or Justices of the Peace of the County where the Cattle were severally and respectively purchased or brought; setting forth, that Oath had been duly made by the respective Owners, that such Cattle, at the Time of the Purchase or Removal, were sound, and free from any Distemper or Infection; and that no distemper or Infection were known to be among Cattle at that Time within Five Miles from the place whence they came; and shall likewise mention the Mark and Brands of the said Cattle.

V. And it is further Enacted, That every Person or Persons who shall after the passing of this Act, drive any Cattle into this Province, or from one County to another within the same, without such Certificate or Certificates as aforesaid, shall forfeit and pay for every Steer, Bull, Cow, Calf, or Heifer, respectively, for which he shall have no Certificate, the Sum of Forty Shillings; to be recovered by a Warrant before any Justice of the Peace of the County where such Cattle shall then be, and be levied on the Body, Goods and Chattels of the Delinquent or Delinquents, for the Use of the County: And every person driving Cattle as aforesaid, is hereby required and directed to produce a Certificate or Certificates as aforesaid, at the request of any Person, a Resident in the County wherein such Cattle are; and upon his Refusal to do so, on Complaint thereof made to any Justice of the Peace in the said County, such Justice is hereby impowered and directed, to issue a Warrant to bring such Drover or Drovers before him; who, for every such Refusal, shall forfeit and pay the Sum of Twenty Shillings; and till the same is paid, the said Justice shall commit the Offender to the Gaol of the County, or issue an Execution against his Goods and Chattels, as such Justice thinks most expedient; which Forfeiture shall be applied to the Use of the County and accounted for at the next Inferior Court.

VI. And it is hereby further Enacted, That in case any Cattle hereafter shall be suspected to have any Distemper, any Two Justices of the Peace, and one Freeholder, are hereby impowered and directed, to inquire into the same; and on due proof thereof made, shall make such Order therein, as may best tend to prevent the Infection spreading.

CHAPTER XV.
An Act to amend an Act, intituled, an Act for establishing a Town on the formerly granted to William Churton, Gentleman, lying on the North side of Enoe River, in the County of Orange.

[Full text is available at vol. 25, p. 500-503.]

CHAPTER XVI.
An Act to continue an Act, intituled, An Act to suppress excessive and deceitful Gaming. Expunged.

[Full text is available at vol. 25, p. 503.]

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CHAPTER XVII.
An Act for further continueing an Act, intituled an Act for the restraint of Vagrants, and for making Provision for the Poor, and other Purposes.

I. Whereas An Act passed at New Bern the Twenty Fifth Day of September, in the Year of our Lord One Thousand Seven Hundred and Fifty Five, intituled, An Act for the Restraint of Vagrants, and for making Provision for the Poor, and other Purposes, was continued by one other Act, passed at Wilmington, the Thirteenth Day of November, in the year of our Lord One Thousand Seven Hundred and Sixty, intituled, An Act for the restraint of Vagrants, for making Provision for the Poor, and other purposes; which said last mentioned Act will expire at the End of the present Session of Assembly; and whereas the before recited Act hath been found useful and Convenient:

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 First recited Act shall further continue and be in Force for and during the Term of Four Years, from the passing of this Act, and from thence to the End of the next Session of Assembly.

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

[Full text is available at vol. 25, p. 503-504.]

CHAPTER XIX.
An Act for establishing a School House in the Town of New Bern.

I. Whereas a Number of well-disposed Persons, taking into consideration the great necessity of having a proper School or Public Seminary of Learning established, whereby the rising Generation may be brought up and instructed in the Principles of the Christian Religion, and fitted for the several Offices and Purposes of Life, have, at a great Expence, erected and Built in the Town of New Bern, a convenient House for the Purpose aforesaid; and being desirous that the same may be established by Law on a Permanent Footing, so as to answer the good Purposes by the said Persons intended:

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the said Persons or other Contributors to said School House, or the Majority of Them, are hereby Authorized, required, and directed, to meet at the Court House in New Bern on the First Tuesday in April next, and then and there to elect and choose, out of their Number, Eleven of the most able and discreet Persons, to be Trustees or Directors of the said School; and that after the said Election, which is to be made before the Sheriff, and a due Return thereof made to the said Directors, they shall be, and are hereby incorporated into a Body Politic and Corporate, by the Name of the Incorporated Society for promoting and establishing the Public School in New Bern; and by that Name to have perpetual Succession, and a Common Seal; and that they and their Successors, by the Name aforesaid, shall be able and Capable in Law to have, purchase, receive, enjoy, possess, and retain, to them and their Successors, forever, in Trust and Confidence for the said School, any Lands, Rents, Tenements, and Hereditaments of what kind, nature or Quality soever; and also to sell, grant, demise, alien, or dispose of the same; and also to receive and take any Charity,

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Gift, or Donation whatsoever, to the said School; and by the same Name to sue and implead, be sued and impleaded, answer and be answered, in all Courts of Record whatsoever; and from Time to Time under their Common Seal, to make such Rules, Regulations, and Ordinances, for the Admission, or Dismission of the several Masters of the said School, and the better regulating and well ordering the same, as to them shall seem requisite and necessary, and best answer the Purposes intended: Provided the said Rules correspond, and be as near as may be, agreeable to the Laws of Great Britain and this Province.

III. Provided always, That no Person shall be admitted to be Master of the said School, but who is of the Established Church of England; and who, at the Recommendation of the Trustees or Directors, or the Majority of them, shall be duly Licensed by the Governor, or Commander in Chief for the Time Being.

IV. And be it further Enacted, by the Authority aforesaid, That one Lot of Land in the Town of New Bern, lately purchased from William Bastin Whitford, by the Proprietors of the aforesaid School House, and whereon they have erected the same, be from henceforth vested in the Trustees by this Act incorporated, and their Successors, forever, in Trust and Confidence, to and for the Uses and Purposes by the said Society intended.

V. And be it further Enacted, by the Authority aforesaid, That the said Trustees, before they be deemed qualified to enter on the Execution of the Trust reposed in them by this Act, do, before some Magistrate, take the several Oaths of Government, subscribe the Test, and also take the following Oath, to-wit:

I, A. B., do swear that I will duly and faithfully, to the best of my skill and Ability, execute and discharge the several Powers and Authorities given me by an Act of Assembly, for establishing a School House in the Town of New Bern; and that in all Things for the well ordering and good government thereof, I will do equal and Impartial Justice, to the extent of my understanding. So help me God.

VI. And be it further Enacted by the Authority aforesaid, That the said Trustees, or the Majority of them, after their Qualification, shall meet at the said School House, and elect, out of their Number, a fit and Proper Person to be Treasurer to the said Society: which Treasurer shall be annually elected on the first Tuesday in April; into whose Hands shall be paid all Monies of or belonging to the said School, he first giving Bond and Security, in the Sum of Two Thousand Pounds, Proclamation Money, to the Trustees, for the faithful Discharge of his Office, and the Trust reposed in him; and that the said Treasurer shall annually, on the said First Tuesday in April, settle his Accounts with the Trustees, of all Disbursements, Donations, Gifts, Bequests, or other Charities, that may belong or accrue to the said School the preceding Year: And upon the said Treasurer's Neglect or Refusal to settle and pay over to the succeeding Treasurer what Money may be in his Hands belonging to the said Society, the same Method of Recovery may be had against Him, as is provided for the Recovery of Monies from Sheriffs, or other Persons chargeable with Public Monies.

VII. And whereas it will be necessary that a Regular Succession of the said Trustees should be kept up, Be it Enacted by the Authority aforesaid, That on the Death, Refusal to Qualify, or Removal out of the Province, of any of the said Trustees, the remaining Trustees, or the Majority of them then in Office, shall elect and Choose, out of the Number of Contributors, other Trustees, in the Room and stead of Those Dead, removed, or refusing to

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qualify as aforesaid; who shall be invested with the same Powers and Authorities as the other Trustees, first taking the several Oaths appointed by this Act for their Qualification.

VIII. And be it further Enacted by the Authority aforesaid, That an Act of Assembly passed at Wilmington, in One Thousand Seven Hundred and Sixty Four, intituled, An Act for building a House for a School, and the Residence of a School Master, in the Town of New Bern, be, and is hereby repealed; and the Piece or Parcel of ground mentioned in the said Act, being Half of Two Lots known in the plan of the said Town by the Numbers Fifty Nine and Sixty, beginning at the Corner of Craven and Pollock Streets, and running along Pollock Street Six and a Half Poles; then across said Two Lots Fifty Nine and Sixty, in a parallel Line with Craven Street, Thirteen Poles to the North Side of Lot Number Sixty; then along the said Lot, Six and a Half Poles, to Craven Street; then along Craven Street, Thirteen Poles, to the beginning: Also Two Lots of Land in the said Town of New Bern, adjoining the said School House, known in the Plan of the said Town by the Numbers Three Hundred and Thirteen and Three Hundred and Twenty Seven, which are hereby vested in the Trustees by this Act to be appointed, and to their Successors forever, in Trust and Confidence, to and for the Use of the said School.

IX. And whereas the aforesaid Contributors being desirous that the Benefits arising from the said School may be as extensive as possible, and that the Poor, who may be unable to educate their Children there, may enjoy the Benefits thereof: Be it Enacted by the Authority aforesaid, That a Duty of One Penny per Gallon on all Rum, or other Spirituous Liquors imported into the River Neuse, be paid, for and during the Space of Seven Years, from and after the passing of this Act, by the Importers thereof, for and towards raising a Fund for the Education of Ten Poor Children in the said School (to be chosen by the Trustees) whose Parents may be unable to pay for the same; and that the said Duty be Part of the common Stock of the said School, and be appropriated as aforesaid, and towards giving a Salary of Twenty Pounds per Year to the Master of the said School, towards enabling him to keep an Assistant; which said Duty shall be collected, accounted for, and paid to the Treasurer of the said School, in the same Manner, and under the same Penalties and Restrictions, as the Duty of Four Pence per Gallon on spirituous Liquors is now paid and collected.

CHAPTER XX.
An Act to impower the Justices of Beaufort County to build a Court House, Prison and Stocks, in Bath Town, for the Use of the said County.

I. Whereas the Court House and Prison in the said County are in great Decay, and in so ruinous a Condition, that the Courts cannot be held therein, nor Prisoners detained; and the Lot whereon the same stands is very low, sunken, and inconvenient: Therefore,

II. Be it Enacted, by the Governor, Council, and Assembly and by the Authority of the same, That the Honorable Robert Palmer, Esq., John Barrow, Thomas Respiss, Wyriot Ormond, and Thomas Bonner, Esqrs., are hereby appointed Commissioners; and they, or the Majority of them shall and may, and they are hereby required, within Six Months after the passing of this Act to agree and contract with Workmen for the building and erecting a new Court House, Prison, Pillory and Stocks in Bath Town, for the Use of the said County.

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III. And be it further Enacted, by the Authority aforesaid, That the said Commissioners, or the Majority of them, are hereby impowered to sell the old Court House and Prison, together with the Lot thereto belonging; and the Money therefrom arising, to be expended and laid out towards the erecting the aforesaid Buildings, for the Use of the county as aforesaid.

IV. And be it further Enacted, by the Authority aforesaid, That a Poll Tax of Three Shillings be levied on each Taxable Person in the said County for Two Years next ensueing; which Tax shall be collected by the Sheriff of the said County, in the same Manner, and at the same Times, as Public Taxes are by Law directed to be collected, and by him accounted for and paid to the Commissioners, or the Majority of them; and shall by them be applied to defray and pay for the Building and erecting the said Court House, Prison, Pillory and Stocks.

V. And be it further Enacted, by the Authority aforesaid, That the said Commissioners, after the Buildings aforesaid shall be erected, built, and finished, shall render an account of the Monies by them received by Virtue of this Act, together with that of their Disbursements, to the County Court of Beaufort; and the overplus (if any) to be applied towards lessening the County Tax.

VI. And be it further Enacted by the Authority aforesaid, That so soon as the said Court House, Prison, Pillory and Stocks, shall be erected, built, and finished, the Justices of the Court of the said County (by their order) shall, and are hereby directed and required, to adjourn the said Court from the old Court House where the same is now held, to the new Court House so to be erected and built by Virtue of this Act; and all Suits, Actions, Plaints, Pleas, and other Matters and Things, before the said Court then depending and undetermined, shall stand adjourned and continued accordingly; and all and every Person and Persons having Day in the said Court, and all witnesses, bound and obliged to appear at the same, according to such Adjournment.

VII. And be it further Enacted, by the Authority aforesaid, That all and every Act and Acts, Clauses, Article and Articles thereof, for any Matter or thing within the Purview of this Act, shall henceforth be repealed and made void.

CHAPTER XXI.
An Act to prevent the unreasonable Destruction of Fish in Neuse River, Tar River, Fishing Creek, Rockey River, the South Fork of Catawba River, the South Fork of the Yadkin River, and Cotentney Creek.

CHAPTER XXII.
An Act, to amend an Act, intituled, An Act for establishing the Titles of the Freeholders in Edenton, for laying a Tax for finishing the Church begun in the said Town, and for the Further Improvement and better Regulation thereof.

(Printed in Private Acts, post.)

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CHAPTER XXIII.
An Act to amend an Act, intituled, An Act for regulating the Pilotage of Cape Fear River, and for other Purposes.

I. Whereas the Rates allowed for Pilotage by the before recited Act, are inadequate to the expence of Boats and Hands proper to be employed in so material a Service:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the passing of this Act all Pilots Duly Authorized by a Branch from the Governor, or Commander in Chief for the Time being, may take and receive the following Rates for each Vessel they shall pilot over the Bar to Brunswick, and back again to sea, to-wit:

For a Vessel when loaded, drawing Six Feet of Water, the Sum of Two Pounds Ten Shillings.

For a Vessel when Loaded drawing Seven Feet of Water Two Pounds Fifteen Shillings.

For a Vessel when loaded drawing Eight Feet, Three Pounds.

For a Vessel when loaded drawing Nine Feet, Three Pounds Ten Shillings.

For a Vessel when loaded drawing Ten Feet, Three Pounds Fifteen Shillings.

For a Vessel when loaded drawing Eleven Feet, Four Pounds Ten Shillings.

For a Vessel when loaded drawing Twelve Feet, Five Pounds Ten Shillings.

For a Vessel when loaded drawing Thirteen Feet, Six Pounds Ten Shillings.

For a Vessel when loaded drawing Fourteen Feet, Seven Pounds Ten Shillings.

For a Vessel when loaded drawing Fifteen Feet, Eight Pounds Ten Shillings.

For a Vessel when Loaded, drawing Sixteen Feet, Nine Pounds Ten Shillings.

For a Vessel when loaded drawing Seventeen Feet, Eleven Pounds.

For a Vessel when loaded drawing Eighteen Feet, Thirteen Pounds.

III. And be it further Enacted, by the Authority aforesaid, That any Pilot appointed to pilot Vessels from Brunswick to Wilmington, and back, shall and may receive one Half the aforesaid Rates; and if only to the Flats, and back to Brunswick, then one Fourth of the said Rates; Respect being had to the particular Draught of Water such Vessel can Draw.

IV. And whereas by the before recited Act, it is enacted, that before any Person obtain a Branch to be a Pilot, such Person must give Bond, with Two sufficient Securities, to the Governor or Commander in Chief for the Time being, in the Sum of Five Hundred Pounds, Proclamation Money, for the Due and faithful Discharge of his Office, which by experience has been found inconvenient for many Pilots to procure; Be it therefore Enacted by the Authority aforesaid, That from and after the passing of this Act, no larger Sum than Two Hundred Pounds, Proclamation Money, shall be required of any Persons that shall be recommended as Pilots.

V. And whereas some of the Pilots of Cape Fear River are very negligent in giving due attendance, when called upon, to carry Vessels up or Down the River, Be it therefore Enacted by the Authority aforesaid, That when any Pilot shall have notice from the Master of any Vessel to attend

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in transporting such Vessel, and shall fail immediately to go on Board for that Purpose, the Pilot having such Notice, shall forfeit and pay the Sum of Thirty Shillings, Proclamation Money (unless he shall actually have charge of some other Vessel), for each and every Day's Delay of such Vessel, by Means of such Pilot's Neglect; to be recovered by a Warrant from under the Hand of One of the Commissioners, on due Proof thereof to such Commissioner; and the Money so recovered, to be applied to the Use of the Master or Owner of the Vessel for which Complaint is made.

VII. And be it further Enacted, by the Authority aforesaid, That if any white Person or Persons shall be convicted of cutting down, taking up, removing, or wilfully destroying any Beacon, Buoy, Stake, or other Mark heretofore erected, or to be erected or placed within the said River, such Person shall forfeit and pay Twenty Pounds, Proclamation Money, for each and every Offence; to be recovered and applied as aforesaid: And in Case any Negro shall be guilty of the same Offence, the Master of such Negro shall be subject to the Penalty of Five Pounds, Proclamation Money; recoverable, and to be applied in the same Manner.

VIII. And be it further Enacted by the Authority aforesaid, That if any white Person do, or shall hereafter make fast any Raft, Pettiaugua, or other Boat, to any Stakes, Buoys, or Beacons, within the said River, the Person so offending shall forfeit and pay Five Pounds, Proclamation Money; and any Negro guilty of the like Offence, the Master or Owner of such Negro to be liable to the like Forfeiture; to be recovered and applied as other Fines by this Act are directed.

CHAPTER XXIV.
An Act for erecting a Court House and Prison, for the Use of the District of Edenton.

I. Whereas it is necessary that a new Court House and Prison should be built for the Use of the District of Edenton;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That Mr. Cullen Pollock, Mr. Joseph Hewes, Mr. Thomas Nash, Mr. Edward Vail, and Mr. William Lowther, be, and are hereby nominated and appointed Trustees and Directors, for building and erecting a good and convenient Court House, and sufficient Prison, for the Use of the District aforesaid; and for that Purpose, to contract and agree with proper Persons for compleating and Finishing the said Court House and Prison, in such Manner as they shall think necessary and Convenient.

III. And be it further Enacted, by the Authority aforesaid, That a Poll Tax of One Shilling be levied on each Taxable Person within the County of Chowan, and of Four Pence on each taxable Person within the Counties of Currituck, Pasquotank, Perquimons, Bertie, Tyrrel, and Hertford; to be collected for the present and next succeeding Years, by the Sheriffs of the said Counties respectively, and accounted for and paid to the said Trustees and Directors, at the same time, in the same manner, and under the like Penalties as is by Law directed for collecting, accounting for, and paying Public taxes.

IV. And whereas by an Act of Assembly passed at New Bern, in the Year of our Lord One Thousand Seven Hundred and Fifty Eight, for applying certain Monies, to be collected on the Tonnage of Vessels, to enable

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the Commissioners of Port Roanoke to amend the Navigation of the said Port, and for other Purposes; and whereas the said Monies never have Been, or is there any Probability that the same ever will be applied for the Purposes aforesaid, but still remain in the Hands of the Commissioners, or the Receiver of the said Duty: Be it therefore Enacted by the Authority aforesaid, That the said Commissioners, and the said Receiver, shall, immediately from and after the passing of this Act, pay to the Trustees and Directors, for building the said Court House and Prison, all such Sum and Sums of Money as shall remain in their Hands not applied agreeable to the Act of Assembly aforesaid; and to be replaced and refunded at such Time, and in such Manner, as the Governor, Council, and Assembly, shall think Proper.

V. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act, the said Trustees and Directors are hereby required and impowered to sell and dispose of, for the best Price that may be had, the old Court House, Prison, and other Public Buildings, that are now standing on the Public Lots in the Town of Edenton.

VI. And be it further Enacted, by the Authority aforesaid, That the said Trustees and Directors shall apply all such Monies as shall come to their Hands in Virtue of this Act, and such other Sum or Sums of Money as they shall obtain by the Voluntary Donations of Gentlemen and others, towards building and erecting the said Court House and Prison, in such Manner as to the said Trustees and Directors shall seem most convenient.

VII. And be it further Enacted, by the Authority aforesaid, That before the said Trustees and Directors shall enter upon their said Trust, or take into their Hands any of the Monies aforesaid, they shall enter into Bond, in the Sum of Two Thousand Pounds, payable to his Excellency the Governor, and to his Successors, with Condition for the faithful Discharge of the several Trusts in them reposed by this Act; and that they will, from Time to Time, and at all Times when they shall be called upon, lay a Just State of their Transactions before the Assembly, or such Committee as shall be appointed to settle and adjust the Public Accounts; which Bond shall be lodged with the Clerk of the Superior Court for the District of Edenton.

VIII. And be it Enacted, by the Authority aforesaid, That if the Taxes, or other Monies arising in Virtue of this Act, shall be more than sufficient to compleat the Buildings herein directed, the Surplus thereof shall, by the Trustees herein Named, be paid to the Court of Each County, in Proportion to the Number of Taxables collected from each of the said Counties, and paid by the Sheriff to the Trustees.

CHAPTER XXV.
An Act for joining the Navigation of Old Topsail Inlet to Neuse River, by cutting a Navigable Canal from the Head of Harlow's Creek to Club Foot's Creek.

I. Whereas the Navigation of the River Neuse is not sufficient for Vessels of great Burthen, by reason of the small Depth of Water through the Swatch leading from Ocacock Bar into the Sound; and the Inlet of Old Topsail being very safe and Navigable for Vessels of Great Burthen, where they may ride within the same in a safe and Commodious Harbor, the Navigation of which may be joined to the River Neuse, by cutting a Canal, a small Distance, from the Head of Harlow's Creek to the Head of Club Foot's Creek:

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II. Be it therefore Enacted by the Governor, Council, and Assembly, and it is hereby Enacted by the Authority of the same, That the following Persons are hereby appointed Commissioners, for overseeing, designing, and laying out the same Canal, to-wit, Samuel Cornell, John Smith, Parmenius Horton, John Benners, James Davis, William Cole, Richard Cogdell, John Easton, Henry Stanton, Christopher Neale, and William Burden; and that they or the Majority of them, are hereby constituted and appointed Commissioners of said Navigation, with full Power and Authority, to lay Off and Plan, and design a navigable Canal, from the Head of Harlow's Creek to Club Foot's Creek, in the Manner that to them shall best seem to perfect the Navigation through the same, and answer the Intention of this Act.

III. And whereas many Public Spirited Gentlemen, being willing to further a Work of such an interesting Nature to a Commercial Country, have offered to contribute to the same, by either paying in Sums of Money, or sending their Slaves to Work in cutting the said Canal; Be it therefore Enacted by the Authority aforesaid, That the said Commissioners, or the Majority of them, are hereby impowered, from Time to Time, to receive subscriptions, from any Person or Persons who may be willing to contribute to the said Undertaking; and that when any Sum or Sums of Money may be subscribed thereto, and the same shall not be regularly paid, the said Commissioners or the Majority of them, are hereby directed and required, to commence Actions for the same, in any Court of Record of this Province, having Cognizance thereof; and to prosecute the same to a full Recovery of all such Sum or Sums.

IV. And be it further Enacted by the Authority aforesaid, That when the said Commissioners shall have designed and laid out the said Canal, and shall have received any Subscriptions of Monies to carry on the same, that they immediately employ Hands to work on the said Canal at the most reasonable Rates that may be got, and appoint such and so many overseers of the said Work as they shall think necessary for conducting the same; And that the said Commissioners, as often as may be necessary, are hereby directed to meet at some convenient Place, to give necessary Orders and Directions towards furthering the said Canal.

V. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the said Commissioners, and they are hereby Authorized and impowered, to cut the said Canal through any Person's Land, where it shall be necessary to continue and Carry the same; any Law, Usage, or Custom to the contrary notwithstanding.

CHAPTER XXVI.
An Act to impower the Church Wardens and Vestrymen of St. John's Parish, in the County of Bute, to appropriate the Surplusage Money levied for erecting the public Buildings in said County to the use of the said Parish of St. John's.

I. Whereas by an Act of Assembly, intituled, An Act for erecting Part of St. Philip's Parish, in New Hanover County, and the lower Part of Bladen County, into a separate County, by the Name of Brunswick County; and for dividing the County of Granville, and erecting that Part thereof, St. John's Parish, into a separate and distinct County, by the Name of Bute County, a Poll Tax of Three Shillings, Proclamation Money, per Annum, for Two Years, was levied on each Taxable Person in the said County of Bute, for the Purpose of erecting and building a Court House, Prison, Pillory

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and Stocks, for the use of the said County of Bute; which said Tax when collected, was directed to be paid into the hands of Mr. Solomon Alston, Mr. William Johnston, and Mr. Julius Nichols, or a Majority of them, Commissioners appointed for erecting and building the Court House, Prison, Pillory, and Stocks; and that the overplus of the Money arising from the said Tax, after compleating and finishing the said Buildings, was by the said Act directed to be accounted for by the said Commissioners to the Justices of the said County of Bute, and applied towards defraying the contingent Charges of the said County: And whereas there is a Considerable Sum of Money, arising from the said Tax, after paying for the said Buildings still remaining in the Hands of the aforesaid Commissioners unaccounted for by them to the Justices of the said County; and the present Gaol of the said County being found insufficient:

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That such Surplus Money so arising and remaining as aforesaid, shall be applied, in the First Place, to the Building and erecting of a good, strong, and sufficient Gaol, for the said County, upon such Plan, and in such Manner, as may be agreed on by a Majority of the Commissioners aforesaid; which Gaol shall be contracted for and finished under the like Directions and Regulations, as the other Public Buildings in the said County, by the said before mentioned Act are directed to be built.

III. Be it further Enacted, by the Authority aforesaid, That the said Solomon Alston, William Johnston, and Julius Nichols, Commissioners as aforesaid, are hereby directed and required, to account for the Money, collected by said Tax, within the Inferior Court of the said County of Bute; and to pay over whatever surplus may be remaining in their Hands (after paying for the Public Buildings already erected in the said County, and the Gaol directed by this Act to be built) into the Hands of the Church Wardens of St. John's Parish, in the said County of Bute; by them to be applied towards defraying the Parish Charges; any Law to the contrary notwithstanding.

IV. And be it further Enacted, by the Authority aforesaid, That in case the said Commissioners, or any of them, shall fail, neglect or refuse, to account for and pay, as in and by this Act directed, the Overplus of the said Tax; that then it shall and may be lawful for the Superior Court of the District of Halifax, on Motion of the Church Wardens and Vestrymen of St. John's Parish, to give Judgment against the said Commissioners or the Survivor or Survivors of them, for all such Sums of Money as he or they shall have in his or their Hands, unaccounted for, with Costs, and to award execution thereon: Provided such Commissioner or Commissioners have Ten Days previous Notice of such Motion.

CHAPTER XXVII.
An Act for ascertaining the Boundary Lines between the Counties of New Hanover and Duplin.

I. Whereas Disputes daily arise between the Inhabitants of New Hanover and Duplin, by Reason of the Boundary Line not being sufficiently ascertained:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the Honorable John Sampson, Esq., John Ashe, Felix Kennon, and Alexander Lillington, Esquires, are hereby appointed Commissioners for running out the dividing Line between the

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said Counties of Duplin and New Hanover; which said Commissioners, or any Three of them, shall meet on some time within six Months after the passing of this Act, and shall run and lay off the Boundaries between the said Counties, in the following Manner, to-wit, That Rock Fish Creek shall be the Boundary, from the Mouth thereof to where Doctor's Creek branches from the same; then up Doctor's Creek one Mile above the House of Mr. George Maires; thence running a direct Line to the Corner made by Arthur McCoy on South River; and the said Line when run, shall forever after be deemed the Boundary Line between the said Counties of New Hanover and Duplin.

III. And be it further Enacted, by the Authority aforesaid, That the Justices of the Peace of the said County of Duplin, are hereby impowered and directed, to defray the Expence of running the said Dividing Line out of the County Tax.

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

CHAPTER XXVIII.
An Act to encourage Benjamin Heron, Esq., to build a Bridge over the North East Branch of Cape Fear River, at or near the Place where the Ferry is now Kept by Edward Davis.

[Full text is available at vol. 25, p. 506-507.]

CHAPTER XXIX.
An Act for confirming a lease made by the Tuscarora Indians to Robert Jones, Jun., William Williams, and Thomas Pugh, Esquires.

[Full text is available at vol. 25, p. 507-509.]

Signed by
WILLIAM TRYON, ESQ., Governor.
James Hasell, President.
JOHN HARVEY, Speaker.

Read three times and Ratified in Open Assembly the 1st Day of Dec., 1766.