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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1767 - 1768
North Carolina. General Assembly
December 05, 1767 - January 16, 1768
Volume 23, Pages 688-758

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LAWS OF NORTH CAROLINA, 1.
[The correct date for this document is 1767 as noted in volume 25.]

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 and from thence continued, by Prorogation, to the Fifth Day of December, in the Year of our Lord One Thousand Seven Hundred and Sixty-Seven; Being the Second Session of this present Assembly. William Tryon, Esq., Governor.

CHAPTER I.
An Act for dividing this Province into six several Districts, and for establishing a Superior Court of Justice in each of the said Districts, and regulating the Proceedings therein; and for Providing adequate Salaries for the Chief Justice, and the Associate Justices of the said Superior Courts.

I. Whereas the establishing Superior Courts of Justice within this Province cannot be productive of Ease and Convenience to the Inhabitants thereof, and must necessarily tend to a due and regular administration of Private as well as public Justice:

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, this Province be, and stand divided in Six several Districts; that is to say, the Wilmington, New Bern, Edenton, Halifax, Hillsborough and Salisbury Districts; in each of which a Court for the Tryal of Causes, Civil and Criminal, shall be established, by the Name of the Superior Court of Justice for that District in which the same shall be held; which Courts shall consist of the Chief Justice for the Time being, and two Associate Justices, Men of ability, and learned in the Law, whom the Governor or Commander in Chief for the Time being shall constitute and appoint, who shall have Cognizance and legal Jurisdiction of all Suits and Pleas, real and Personal, and mixt, and also of all Suits and Matters relative to Legacies, filial Portions, Estates of Intestates, all Pleas of the Crown, whether for Treasons, Felonies, Breaches of the Peace, or other Crimes or Transgressions, of what Nature or Degree soever, whether brought before them by Original or Mesne Process, or by Writ of Error, or Appeal from any Inferior Court, or by any other Means or Process whatsoever; and they are declared hereby to have full Power and Authority to give Judgment therein and to award Execution, and all necessary Process thereupon; and to make Orders for issueing Letters Testamentary, and Letters of Administration; and shall use, exercise, and enjoy the same Powers and Authorities, Rights, Privileges, and Pre-eminences, as are had, used, exercised, and enjoyed, by the Chief Justice or any of his Majesty's Justices of the Courts of Westminster, England; And in Case of the Death or Absence of the Chief Justice, or either of the other Justices, it shall and may be lawful for any one or more of the said Justices, by himself or themselves, to hold any of the said Court, and to take Cognizance of all Matters in the same depending, and give Judgment

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and award Execution, in the same Manner as might have been done in Case the Chief Justice, and the Two other Justices, had been all present in Court.

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

IV. And be it further Enacted, by the Authority aforesaid, That on the Death or removal of any of the Associate Justices of the Superior Courts, it shall and may be lawful for the Governor or Commander in Chief for the Time Being, to constitute and appoint another or other Justices qualified as aforesaid, in the Room of such Justice or Justices so dead or removed.

V. And be it further Enacted, by the Authority aforesaid, That the Chief Justice is hereby impowered to appoint experienced and Discreet Clerks of the Superior Courts; who shall each of them give Bond, with good and sufficient Security, to our Sovereign Lord the King, his Heirs and Successors, in the Penalty of Two Thousand Pounds, for the Safe Keeping of the Records, and Faithful Discharge of his Duty in Office; and also shall take the Oaths by Law appointed for the Qualification of Public Officers, repeat and subscribe the test, and also take an Oath, honestly and truly to demean himself in Office during his Continuance therein; and likewise the following Oath, to-wit:

I, A. B., do swear that by myself, or any other Person, I neither have nor will give to any Person whatsoever, any Gratuity, Gift, Fee, or Reward, in consideration of my appointment to the Office of Clerk of the Superior Court, for the District of —— Which said bond shall be lodged in the Secretary's Office and in Case of a Breach of the Condition thereof, may be put in Suit for the Benefit of, and at the proper Costs and Charges of the Party or Parties injured, and shall not become void upon the First Recovery, or if Judgment shall be given against the King; but may from Time to Time, be put in Suit by Action of Debt, or Scire Facias, until the Whole Penalty shall be recovered; and when any Judgment shall be obtained upon such Bond, the Damages assessed shall, by Order of the Court, be paid to the Person or Persons injured.

VIII. And be it further Enacted, by the Authority aforesaid, That the respective Clerks of each and every Superior Court of Justice, shall, within Six Months after the passing of this Act, affix, and keep in some public Place in his Office, to which all Persons may have Access, one true and perfect printed Copy of all such Fees as the Chief Justice, and the Clerks of the Superior Courts are, or may be entitled to, under the Act of Assembly in that Case made and Provided: And every Clerk failing or neglecting so to do, shall forfeit and pay, to any Person that will sue for the same, the Sum of Twenty Pounds, Proclamation Money, for every Six Months such printed Copy shall be wanting; To be recovered by Action of Debt, in any Court of Justice, Wherein the Onus Probandi shall be on the Defendant.

IX. And be it further Enacted, by the Authority aforesaid, That each of the Associate Justices of the Superior Courts of Justice, shall, for his Trouble and expence in travelling to, and holding the said Courts, have and

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receive for each and every Court he shall attend, out of the Public Treasury of this Province, by Half Yearly Payments, the Sum of Forty One Pounds Thirteen Shillings and Four Pence, Proclamation Money.

XIII. And be it further Enacted, by the Authority aforesaid, That an Annual Duty of Ten Shillings, Proclamation Money, be, and is hereby laid on each Coach, Chariot, Post Chaise, Phaeton, Curricle, and Chair Wheel; and also each Wheel of every other Vehicle used, or intended to be used in the same or a Similar Manner to the Use and Intention of either of the above named Carriages, which now is, or shall hereafter be within this Province.

XIV. And for the more certain Collection of the said Duty, Be it further Enacted, That each and every Person in this Government, being possessed of any Coach, Chariot, Post Chaise, Phaeton, Curricle or Chair, or any other Wheeled Vehicle used, or intended to be used in the same or similar Manner to the Use and Intention of either of the above named Carriages, shall, annually, at the Time of giving in a List of the Tythable Persons in his or her Family, also return on Oath, the Number of Wheels belonging to any of the Vehicles above mentioned, which such Person or Persons may be possessed of: And if any Person shall Fail or Neglect so to do, he or she, for each and every Offence, shall forfeit and pay the Sum of Ten Pounds, Proclamation Money.

XV. And be it further Enacted, by the Authority aforesaid, That the Duty hereby laid on Wheels, by Virtue of this Act, shall be collected, accounted for, and paid into the Public Treasury by the Sheriffs of the respective Counties within this Province, in the same Manner, and under the same Rules, Penalties, Restrictions, and allowances, as other Public Taxes are collected, accounted for, and paid.

XVI. And be it further Enacted, by the Authority aforesaid, That the said Superior Courts shall and may each of them, respectively by summons, or other legal Process, upon Application made, compell any Person or Persons whatsoever, having in their Possession or Custody, any Will or Testament of any deceased Person, to exhibit the same to the Court, in order to a legal Probation thereof; and also to receive the Probate of Wills, and order the same to be recorded; and the Clerks shall and may take Two Shillings and Eight Pence, Proclamation Money, for recording each Will.

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

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

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XIX. And be it further Enacted, by the Authority aforesaid, That the Clerk of every Superior Court aforesaid, in the Month of October annually, shall return to the Secretary's Office, a List of all Certificates for obtaining Probates, or Administrations, granted by their respective Courts, from Time to Time, containing the Names of the Testators, or Intestates, the Executors or Administrators, and the Names of the Securities; which list the Secretary is hereby required to cause to be recorded in his Office, alphabetically, in the Books for that Purpose; and shall and may take and receive, Two Shillings and Eight Pence, Proclamation Money, for every such Order therein mentioned.

XX. And be it therefore Enacted, by the Authority aforesaid, That the Chief Justice, for his Trouble and Expence in attending the said Courts, shall have and receive the Sum of Twenty Six Pounds for each of the Courts he shall hold, according to the Directions of this Act; and the Attorney General shall likewise be allowed and receive the Sum of Sixteen Pounds for each of the said Courts he shall give his Attendance at by himself, or Deputy; to be paid out of the Public Treasury by half yearly Payments.

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

I, A. B., do swear, that I will Well and truly serve our Sovereign Lord the King, and his People, in the Office of Chief Justice, or Associate Justice (as the case may be) of the Superior Courts of Justice of the Province of North Carolina; and I will not counsel or assent to any Thing that may tend to the Hurt or Disinheriting the King: I will do equal Law and Right to all the King's Subjects, Rich and Poor, without having regard to any Person: I will not Willingly or Wittingly, take by myself, or any other Person, any Gift or Reward whatsoever, for any Matter or Thing by me to be done by Virtue of my Office, except the Fees and Salary by Law appointed: I will not maintain myself or any other, privately or openly, any Plea or Quarrel hanging in any of the King's Courts: I will not delay any Person of Common Right for the Letter of the King, or any other Person, to me directed, for any Cause; and in case any Letters come to me contrary to Law, I will do nothing for such Letters, but will Proceed to do the Law, the said Letters notwithstanding: And finally in all Things belonging to my said Office, during my Continuance therein, I will faithfully, truly and justly, according to the best of my Skill and Judgment, do equal and Impartial Justice. So help me God.

And if the Chief Justice, or either of the Associate Justices, shall presume to act in his Office in either of the Superior Courts, without taking the Oaths herein appointed and directed, and subscribing the test, he shall forfeit Five Hundred Pounds, Proclamation Money; to be recovered by Action of Debt, in either of the Superior Courts of Justice; one Half to the Use of our Sovereign Lord the King, for defraying the Charges of Government, and the other Half to the Person or Persons who shall sue for the same.

XXII. And be it further Enacted by the Authority aforesaid, That the Superior Courts of Justice shall be annually held, for the several Districts in this Province, at the following Times and Places; That is to say, for the District of Salisbury, at the Town of Salisbury, for the Counties of Rowan, Mecklenburg and Anson, on the Fifth Day of March and September. For the District of Hillsborough, at Hillsborough, for the Counties of Orange

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and Granville, on the Twenty Second Day of March and September. For the District of Halifax, for the Counties of Halifax, Northampton, Edgcomb, Bute and Johnston, on the Eighth Day of April and October. For the District of Edenton, at Edenton, for the Counties of Chowan, Perquimans, Pasquotank, Currituck, Bertie, Tyrrel and Hertford, on the Twenty Fifth Day of April and October. For the District of New Bern, at New Bern, for the Counties of Craven, Carteret, Beaufort, Hyde, Dobbs, and Pitt, on the Eleventh Day of May and November. For the District of Wilmington, at Wilmington, for the Counties of New Hanover, Bladen, Onslow, Duplin, Cumberland, and Brunswick, on the Twenty Seventh Day of May and November. And each Term shall continue Ten natural Days, exclusive of Sundays, by adjournment De die in Diem, if the Business shall require so long a Time, otherwise may be sooner determined.

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

XXIV. And be it further Enacted by the Authority aforesaid, That all real Actions, Ejectments, and Actions of Trespass, Quare Clausum Fregit, Suits on Penal Statutes, and Pleas of the Crown, shall be commenced in the Superior Court of the District wherein the Cause of Action shall have arisen, or the Offence have been committed, and not in any other District; And all Actions of Debt, other than on Penal Statutes, all Actions of Detinue, Replevin, Actions of Account Render, Actions of Trespass, for Assault and Battery, and for the unlawful taking of Goods; all Actions upon the Case, and Suits for Legacies, and for the Distributive Shares of Intestates' Estates, shall be brought to the Superior Court of that District wherein the Cause of Action arose, and not to any Other.

XXV. And be it further Enacted by the Authority aforesaid, That no Suit shall be originally Commenced or prosecuted in any of the said Superior Courts for any Debt or Demand of less Value than Twenty Pounds, Proclamation Money, where the Plaintiff and defendant shall live in the same District, or less than Ten Pounds like Money, where the Plaintiff and Defendant shall not live in the same District; and if any Suit shall be commenced in any of the said Superior Courts, contrary to the true Intent and Meaning hereof, or if any Plaintiff shall demand a greater sum on Purpose to evade this Act, in either or both of these Cases, the Plaintiff shall be non-suited and pay Costs.

XXVI. And be it further Enacted by the Authority aforesaid, That the said Courts shall not be discontinued, nor any of the Proceedings therein depending, by Reason of the Death of the Chief Justice, or any of the Associates, or any other Lett or Hindrance, their not attending at any Term; but in such Case, all Pleas, Causes, Matters, and Things therein depending, shall stand continued in the same Condition in which they then shall be, to the next succeeding Term.

XXVII. And be it Enacted by the Authority aforesaid, That all Writs, as well Original Writs as others, and every Summons, and other legal Process, shall bear test of the Chief Justice, and be signed by the Clerk of the Court from whence the same shall issue, and be made returnable to the same Court; and the Sheriff shall return the said Writ or Process to such Court Accordingly.

XXVIII. And be it further Enacted by the Authority aforesaid, That until the Commencement of the First Term of each of the said Superior Courts, respectively, Writs and other Process may bear test at the Time of issueing

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the same; and such Writs and Process so tested before such Term, shall be valid in Law; any Usage or practice of Court to the contrary notwithstanding.

XXIX. And be it further Enacted by the Authority aforesaid, That all such Writs or Process, except Subpoenas for Witnesses, returnable immediately, shall be returned to the First Day of the Term to which the same is returnable, and be executed at least Ten Days before the Beginning of such Term; And if any original or Mesne Process shall be taken out in Term Time, or within Ten Days before the Beginning of any Term, such Process shall be made Returnable to the Term next succeeding, or the Term succeeding that which shall commence within Ten Days after taking out such Process, and not otherwise; and all Process made returnable, or executed at any other Time, or in any other Manner than by this Act directed, shall be void.

XXX. Provided always, That nothing herein contained shall be construed to invalidate or vacate any Process, Warrant or Precept, issued by the Chief Justice, or either of the Associate Justices of the said Courts, or any Justice of the Peace, or Clerk of the Crown, on any Criminal Prosecution in his Majesty's Behalf, but that the same may be returnable at any Day in the Term to which the same is returnable; and the Proceedings in Criminal Suits and Prosecutions, shall be had according to the Laws and Statutes of Great Britain, and of this Province; any Thing herein contained to the contrary notwithstanding.

XXXI. And be it further Enacted by the Authority aforesaid, That when any Writ shall issue from any of the said Courts, whereby the Sheriff shall be Commanded to take the Body of any Person or Persons, to answer in any Action in either of the said Courts, such Sheriff shall take Bond, with Two sufficient Securities, for double the Sum for which such Person or Persons shall be held in Arrest except where the Defendants are Executors or Administrators, or sued on penal Statutes, and shall return such Bond with the Writ: And in Case the Sheriff shall fail or neglect to take such Bail, or the Bail returned be held insufficient, on exception taken, the Sheriff, in either of the said Cases, shall be deemed and stand as special Bail, and the Plaintiff may proceed to judgment, according to the Rules hereinafter mentioned.

XXXII. And be it further Enacted by the Authority aforesaid, That when any Sheriff shall return that he hath taken the Body of any Defendant, and Committed him to the Prison of his County, which is hereby declared to be the Proper Prison for such Commitment, for want of Bail, the Plaintiff may enter the Defendant's Appearance, and he shall be at Liberty to plead, as if such Appearance had been entered by himself, and the Plaintiff may Proceed to judgment as in other Cases in this Act directed; nevertheless the Defendant shall not be discharged out of Custody, but by putting in Bail, or rule of Court.

XXXIII. And be it further Enacted by the Authority aforesaid, That if the Sheriff shall neglect to return any Writ or Writs issueing out of any of the said Courts, which shall be delivered to him Twenty Days before the sitting of the Court to which such Writ or Writs shall be returnable the Sheriff, for every such Neglect, on motion of the Plaintiff, and Proof of such Delivery, shall be ordered and obliged to pay the Party aggrieved the Sum of Five Pounds, Proclamation Money, and be further liable to the Action of the Party injured, unless the Sheriff can shew sufficient Cause to the Court from whence such Process Issued, at the next succeeding Court after such Order.

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XXXIV. And be it further Enacted, That all Bail taken according to the Directions of this Act, shall be deemed, held, and taken to be special Bail, and as such liable to the Recovery of the Plaintiff; but the Plaintiff after final Judgment, shall not take out Execution against such Bail, until an Execution be first returned, that the Defendant is not to be found; and also take out a Scire Facias, returnable to the said Court, which shall be made known to the Bail; and that after the Return of the such Execution against the Principal, and Scire Facias aforesaid against the Bail, Execution may Issue against the Principal and Securities, or either of them, or either of their Estates, unless the Bail shall Surrender the Principal at or before the Return of the First Scire Facias; any Law, Usage or Custom, to the contrary, notwithstanding.

XXXV. Provided nevertheless, That if any Sheriff shall return on a Scire Facias to him directed that the Principal is imprisoned in the Prison of his County, or any other, by Virtue of any Process in any Civil Action, the Court to which such Scire Facias is returnable shall, on Motion of the Plaintiff or Bail, order and direct that such Principal be retained in Gaol where he or she shall be a Prisoner, until he or she shall have paid the Plaintiff's Judgment and Costs, or be otherwise discharged by due Course of Law; a Copy of Which Order being served on the Gaoler of such Prison, before such Prisoner's Releasement, shall be a Sufficient Authority for him to retain such Prisoner until such order shall be complied with, and also shall be deemed a Surrender of such Principal, and as such discharge the Bail.

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

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

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shall be deemed the leading Process on such Action, and the same Proceedings shall be had thereon as on an Attachment on a Return of a Non est Inventus by the Sheriff.

XXXVIII. Provided always, That every such Justice before granting such Attachment, shall take Bond and Security of the party, for whom the same shall be issued, in double the sum to be attached for, payable to the Defendant, for satisfying and paying all Costs which shall be awarded to the said Defendant, in Case the Plaintiff suing out such Attachment should be cast in his Suit, and also all Damages which shall be recovered against the said Plaintiff for suing out such Attachment; which Bond shall be returned to the Court to which the Attachment is returnable, by the Justice who shall grant the same: And every Attachment issueing without such Bond Taken, and returned as aforesaid, and Oath made as aforementioned, is hereby declared void, and shall be abated on the Plea of the Defendant.

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

XL. And be it further Enacted by the Authority aforesaid, That when any Goods or other Estate, shall be attached by Virtue of an Attachment, whether judicial or original, it shall and may be lawful for any Person or Persons, his, her, or their Attorney, to replevy the same, by giving Bond with good Security, to the Sheriff or other Officer serving the said Attachment (which Bond the Sheriff or other Officer is hereby impowered and required to take) to appear to the Court to which such Attachment is returnable, and to abide by, perform, and satisfy, the Order and Judgement of such Court, and when the Estate attached shall, by Three Justices of the County (to be summoned by the Sheriff for that Purpose) be certified, on Oath to be Perishable, if the Person or Persons to whom it belongs shall not, within Thirty Days after serving such Attachment, replevy the same, then such Estate shall be sold at public Vendue, by the Sheriff or other Officer serving such attachment, having first advertised such Sale at the Court House, and other Public Places in his County, at least Ten Days before the Sale; and the Money arising by such Sale shall be liable to the Judgment obtained upon such Attachment, or other Order of such Court: And where the Sheriff or other Officer shall serve an Attachment in the Hands of any Person or Persons, indebted to, or having any of the Effects of the Party absconding, he shall at the same Time, summons such Garnishee or Garnishees to appear at the Court to which the Attachment is returnable, within the First Four Days thereof, there to answer upon Oath, what he or she is indebted to such Party, and what Effects of such Party he or she hath in his or her Hands, and had at the Time of serving such Attachment: and where any Attachment shall be returned served in the Hands of any Garnishee in Manner aforesaid, it shall be lawful, upon his or her Appearance and Examination, in Manner aforementioned, to enter up Judgment, and award Execution against every such Garnishee or Garnishees, for all Sums of Money due from him, her or them, to the Person absconding, or in his, her, or their Custody or Possession, for the Use of the Party obtaining such Attachment, or so much thereof as shall be of Value sufficient to satisfy the Debt, and Costs of Complaint; and all Goods and Effects whatsoever, in the Hands of

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any Garnishee or Garnishees, belonging to such Absconding Person, shall be liable to satisfy such Judgment: And where any Garnishee shall be returned by the Sheriff or other Officer, summoned in Manner aforesaid, and shall fail to appear and discover, on Oath, in Manner by this Act directed, it shall be lawful, and the Court is hereby authorized, to enter a Conditional Judgment against such Garnishee; and if he shall fail to appear the next Court, and discover, on Oath, in Manner aforesaid, the Court shall, and are hereby required, to confirm such Judgment, and award Execution for the Plaintiff's whole Debt or Damages, and Costs.

XLI. And whereas Divers Persons possessed of Lands, Tenements, and Hereditaments, within this Province, have contracted, or who may contract Debts with Merchants and others, or have committed or may commit Torts or Injuries to Persons therein, and reside out of the Province, without having Personal Estate within the same to satisfy such Debts or Damages, For Remedy whereof, be it Enacted by the Authority aforesaid, That any Justice shall and may grant an Attachment at the Prayer of such Person or Persons, his or their Agent or Factor to whom such Debtor or Debtors shall be indebted, or to whom such Tort or Injury hath, or may be done, directed to the Sheriff of the County where the Lands lie, returnable to the Court wherein the same is Cognizable: And if the Sheriff return, that the Person has no Personal Estate within his Bailiwick, the Court shall grant Judgment by Default (which Judgment, in Actions of Debt, shall be final) at the next Court; and in other Actions, a Writ of Inquiry shall be Executed, on the Plaintiff's Motion, and a Writ of Fieri Facias shall be awarded, returnable to the next Court after such Final Judgment; which Writ the Sheriff is hereby impowered and directed to execute and return, in the same Manner, and under the same Rules and Restrictions, as other Writs of Fieri Facias within this Colony, are to be Executed and Returned.

XLII. Provided always, That it shall be lawful for any Person, against whose Estate any Attachment has issued as aforesaid, at any time before such Final Judgment entered, or Writ of Enquiry executed, upon giving special Bail, to replevy the Goods attached, and plead to issue, so that the Plaintiff is not thereby delayed of his Tryal.

XLIII. And for Prevention of Error in issueing Attachments, and taking Bonds thereupon; Be it Enacted by the Authority aforesaid, That the following Form shall be observed and used; that is to say, the Attachment as followeth, viz.:

NORTH CAROLINA, —— County—ss.

George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, etc. To the Sheriff —— County, Greeting. Whereas A. B., hath complained on Oath to —— Justice of the —— Court —— that E. F. late of your County, —— is justly indebted to him in the Sum of —— (or hath damaged him to the Amount of —) and Oath having been also made that the said E. F. hath removed himself Privately out of your said County, or so absconds or conceals himself that the ordinary Process of Law cannot be served on him, and hath given Bond and Security, according to the Direction of the Act of Assembly in such Case made and provided: We therefore command you, that you attach the Estate of the said E. F. (if to be found in your Bailiwick) or so much thereof, repleviable on Security given, as shall be of Value sufficient to satisfy the said Debt, or Damages (according to the complaint) and Costs; and such Estate so attached, in your Hands to secure, or so to provide that the same may be liable to further Proceedings thereupon to

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be had at our next —— Court, to be held for the —— of —— at —— on the —— Day of —— next, so as to compel the said E. F. to appear, and answer the above complaint of the said A. B. when and where you shall make Known to our said Court how you shall have executed this Writ. Witness —— —, Esquire, —— Justice of our said —— at —— the —— Day of —— in the —— Year of our Reign, Anno Dom—Which Attachment shall be signed by the Justice who shall grant the same; and the Bond to be given on obtaining such Attachment shall be in the following Form, to-wit:

Know all Men, by these Presents, That we, A. B., C. D., and I. K., all of the County of —, are held and firmly bound to E. F. in the sum of (double the Sum in the Attachment) to be paid to the said E. F., his Executors, Administrators, or Assigns; To which Payment well and truly to be made, we bind ourselves and each of us, our Heirs, Executors, and Administrators, jointly and severally, firmly by these Presents. Sealed with our Seals, and dated this —— Day of —, in the Year of our Lord —.

The Condition of the above Obligation is such, That whereas the above bounden A. B. hath, the Day of the Date of these presents, prayed an Attachment against the Estate of the above mentioned E. F. for the Sum of —— and hath obtained the same, returnable to the next —— Court, to be held for the District of —, on the —— Day of —— next: Now if the said A. B. shall prosecute his said Suit with Effect, or in Case he be cast therein, shall well and truly pay and satisfy to the said E. F. all such Costs and Damages as shall be awarded and recovered against the said A. B. then the above Obligation to be void; otherwise to remain in full Force and Virtue.

XLIV. And be it further Enacted by the Authority aforesaid, That the following Rules and Methods shall be observed in the said Superior Courts, to Wit:

That the Plaintiff shall file his Declaration in the Clerk's Office, on or before the second Day of the Term to which his Suit is Brought, and serve the Defendant with a Copy, at least Five Days before the Commencement of such Term; otherwise the Action may be abated on the Plea of the Defendant.

That the Defendant shall appear and Plead, or demur, within the first Three Days of the Term to which the Writ is returnable, otherwise the Plaintiff may have judgment by Default; in which Case Judgment shall be final, unless where Damages are to be suggested on the Roll; and in that Case, and in all others where the Recovery shall be in Damages, a Writ of Enquiry shall be executed at the next Term. Provided that where the Nature of the Action requires Special Pleading, the Time for Pleadings may be enlarged by the Court. That where the Defendant pleads specially, the Plaintiff shall reply or demur in Three Days, or a Non Pross may be entered by the Defendant; and if the Plaintiff replies, and in his Replication tenders an Issue, the Defendant shall join Issue or Demur in Three Days, or the Plaintiff may have Judgment; and where the Defendant rejoins to the Plaintiff's Replication, he shall file his Rejoinder within Three Days, or Judgment shall go against Him, unless the Time for Pleading shall be enlarged as aforesaid; and the same time shall be given, and Rules Observed, through the Whole Course of Pleadings.

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

That for the more entire and better Preservation of the Records of the

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Courts, when any Cause is finally Determined, the Clerk shall enter all the Proceedings therein, and other Matters relating thereto, in a Book well bound, so that an entire and Perfect Record may be made thereof.

That all Jury Causes be first tried.

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

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

That when final Judgment shall be obtained, the Clerks shall allow a Lawyer's Fee in the Execution, if the Party employed One; which is hereby declared to be Thirty Shillings, Proclamation Money.

That no Plea in abatement shall be received in any of the said Courts unless the Party offering the same shall by affidavit, or otherwise, prove the truth of such Plea that where a Plea in abatement shall be pleaded in any of the said Courts, and upon Argument of the same shall be adjudged insufficient, the Plaintiff or Plaintiffs shall recover against the Defendant full Costs to the Time of overruling such Plea, including the Costs of that Court, a Lawyer's Fee only excepted; and the Plaintiff in Replevin, or Defendant in any other Action, may plead as many several Matters as may be necessary for his Defence, so as he be not admitted to plead and demur to the Whole.

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

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

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

That every Subpoena, returnable immediately, shall be personally served on the Witness or Witnesses therein Named.

That a Copy of every Subpoena issued by the Clerk in Vacation Time, and returnable to any Day of the next Term, in Case the Witnesses thereby to be summoned are not to be found at home, may be left at the usual Place of Residence of such Witness or Witnesses, and leaving such Copy as aforesaid shall be a Good and legal service; and the Person or Persons thereby summoned are bound to appear, under the like Penalties as if personally summoned.

XLVII. And be it further Enacted by the Authority aforesaid, That if any Person summoned to attend as aforesaid, shall fail to appear accordingly, every such Person so failing shall forfeit, to the Person or Persons at whose Instance the Subpoena was issued, Twenty Pounds, Proclamation Money, and shall be further liable to the Action of the Party endamaged for Want

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of such Witnesss' Testimony; who shall recover his full Damages and Costs.

XLVIII. Provided always, That if sufficient Cause be shewn by the Person so summoned, or for whom such Copies shall be so left, and failing to appear, of his or her incapacity to attend at the Time he or she ought to have appeared, then no forfeiture or Penalty shall be incurred by such Failure; but if sufficient Cause be not shewn at the next succeeding Term after such Failure, on notice given, it shall and may be lawful for the Court, on Motion, to grant Judgment for the Forfeiture before mentioned, against the Person or Persons so summoned and failing to appear as aforesaid.

XLIX. And be it further Enacted by the Authority aforesaid, That every Witness being summoned to appear in any of the said Courts in Manner as hereinbefore directed, shall appear accordingly, and continue to attend from Court to Court until discharged by the Court, or the Party at whose instance he was summoned; and in Default thereof, shall be subject to the Pains and Penalties hereinbefore mentioned; any Law, Usage, or Custom, to the contrary notwithstanding.

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

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

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

LIII. And be it further Enacted by the Authority aforesaid, That if any Person shall be summoned as a Witness in any of the Superior Courts, or before any Persons appointed to take Depositions, shall refuse to give Evidence, on Oath, such Person so refusing shall be committed to the Common Gaol, there to remain without Bail or Mainprize, until he or she be willing to give Testimony, in such Manner as the Law doth now, or shall hereafter direct. Provided, That the People called Quakers shall have the same Liberty of giving their Testimony, by way of solemn Affirmation, as by Act of Parliament made in the Eighth Year of the Reign of his Majesty King George the First, entitled, An Act for granting the People called Quakers

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such Terms of Affirmation or Declaration as may remove the Difficulty which many of them lie under; and that all Negroes, Indians, Mulattoes, and all of mixed Blood descended from Negro or Indian Ancestors to the Fourth Generation, bond or free, shall be deemed and taken to be incapable in Law to be Witnesses in any Case whatsoever, excepting against each other.

LIV. And be it further Enacted by the Authority aforesaid, That during the Attendance of any Person summoned as a Witness to a Superior or Inferior Court, and as such Person is going or returning from the Place of such Attendance, allowing One Day for every Twenty Five Miles such Person's residence shall be distant from the same, no Sheriff or other Officer shall serve or execute on any Person so attending, going to, or returning from such Court, any Writ, Process, Warrant, Order, Judgment or Decree, in any Cause; and if any such shall be served or executed, the same shall, and is hereby declared to be null and void.

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

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

LVII. And for preventing long and oppressive Imprisonments, Be it Enacted by the Authority aforesaid, That when any Person shall be committed, in any Civil Action, to the Gaol of any County, by Process issuing out of any Inferior Court, for any Matter Cognizable in the Superior Court, it shall and may be lawful for the Superior Court of the District in which such Person shall be imprisoned, upon Petition, and Cause shewn by the Person so imprisoned, to issue out a Habeas Corpus cum Causa, to remove the body of such Defendant into the Gaol of such Superior Court, and the Cause of Commitment into the same Court; and the Clerk of such Superior Court is hereby Authorized, directed and required, by Order of the Court, to issue such Writ accordingly; and the Court shall and may proceed therein, and Bail, discharge, or retain such Prisoner, as the Right of the Case may require.

LVIII. And be it further Enacted by the Authority aforesaid, That all

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Causes, Actions, Writs, Suits, Plaints, Process, Recognizances, Indictments, and Presentments whatsoever that are, or shall be depending in any of the late Superior Courts of Justice within this Colony, or such as shall be returnable to, or had, or shall have Day or Days in any of the said late Superior Courts, or other Matters or Things in them Depending, and not fully determined, shall be transferred and put on the Dockets of the respective Superior Courts hereby established, in the same order they shall then stand in the Dockets of the late Superior Courts respectively; and shall be proceeded in by the said Superior Courts hereby established, according to the Method by this Act directed, as if the same had been originally commenced in any of the same, due regard being had that such Courts take Cognizance of such Suits, Matters and Things, the Cause or Causes whereof arose, or is suggested to have arisen, within their respective Districts.

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

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

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

LXII. And whereas many of the Prisons within this Province are insufficient for the Retention of Persons who may Commit Capital and other Offences against his Majesty, his Peace and Government; Therefore for the Speedy Trial of such Offenders, Be it Enacted by the Authority aforesaid, That the Governor, or Commander in Chief for the Time Being, so often as he shall find it necessary, is hereby impowered and authorized to issue a Commission of Oyer and Terminer, and General Gaol Delivery, under the Great Seal of the Province, directed to the Chief Justice, and his Associates, or either of them, for the Trial of any such Offenders; and the said Justices so commissioned, or either of them, after Receipt thereof, are hereby impowered

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to hold a Court, within the Time limited by such Commission, for the Trial of every such Offender; and to hear and determine all Treasons, Murders, Burglaries, Felonies, Trespasses, Crimes, and Misdemeanors, of what Nature or Kind soever, wherewith such Offender or Offenders is or shall stand Charged; and give Judgment, and award Execution thereon.

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

LXIV. And be it further Enacted by the Authority aforesaid, That so much of the Money as shall arise from the Duties hereby imposed on Law Suits and Carriage Wheels, as shall remain after paying the Salaries herein provided for the Chief Justice and Associate Justices, shall, and is hereby applied to the Contingencies of this Government.

LXV. And be it further Enacted, by the Authority aforesaid, That all Penalties and Forfeitures arising by Virtue of this Act, for which no mode of Recovery is provided, or of which no application is hereinbefore made, shall be recovered by Action of Debt, in any Court of Record in this Province, Respect being had to the District and Jurisdiction of such Court; and applied, one Half to the Person or Persons who shall sue for the same, and the other Half to the Contingencies of Government.

LXVI. And whereas Doubts have arisen as to what Process shall issue, when any Sheriff shall return that any Defendant or Defendants, in any Suit in a Superior Court for the Recovery of Legacies, filial Portions, or Distributive Shares of Intestates' Estates, cannot be found; for Remedy whereof, Be it Enacted, That in all such Cases, the Plaintiff shall be entitled to an attachment against the Goods and Chattels, Lands and Tenements, of such Defendant or Defendants; and upon the Return of such Attachment executed, if the Defendant shall fail to reply, plead, answer, or demur the same Term, the Plaintiff shall be entitled to a conditional Decree or Judgment, pursuant to the Prayer of the said Petition, which shall be final at the next Court, unless

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such Defendant or Defendants shall then appear and give Security, and plead, answer, or demur to such Petition; and the same Method shall be observed as to Garnishees as in other Cases of Attachment.

LXVII. And be it further Enacted, by the Authority aforesaid, That this Act and every Clause, Article, and thing therein contained, shall continue and be in Force for the Space of Five Years, from and after the passing thereof and to the End of the next Session of Assembly and no longer.

CHAPTER II.
An Act to amend and continue the several Acts for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province.

IV. And be it further Enacted, by the Authority aforesaid, That the Respective Clerks of each and every Inferior Court in this Province shall, within Six Months after the passing of this Act, affix and keep up in some Public Place in his Office (to which all Persons may have access), a true and perfect printed Copy of all such Fees as the Clerks of the Inferior Courts are, or may be entitled to; and every Clerk failing or neglecting so to do, shall forfeit and pay, to any Person that will sue for the same, Ten Pounds Proclamation Money, for the First Six Months such Printed Copy shall be wanting, and Five Pounds a Month afterwards for each and every Month such Fee bill shall be neglected to be kept up as aforesaid; to be recovered by Action of Debt, in the Inferior Court of the County where such Offender Resides.

V. And be it further Enacted by the Authority aforesaid, That the Clerk of each and every Inferior Court in this Province shall, within six Months next after the Court to which the List of Taxables are returned, in every Year, transmit to his Excellency the Governor, a true and fair Copy of the List of Taxables of the County whereof he is Clerk; and the said Clerks shall respectively transmit to the Governor an exact Account of the Number of Taxables settled for by the Sheriff, with the Inferior Court of the County; and also the Number of Insolvents allowed such Sheriff at such Settlement, and the Names of the Justices settling such Account, within Six Months next after such Settlement.

X. And whereas the Days heretofore appointed by Law for holding the Inferior Courts for the Counties of New Hanover, Onslow, Duplin, Cumberland, Bladen, Pitt, Craven, Dobbs, Currituck, Pasquotank, Chowan, Tyrrell, Hertford, Northampton, Edgecomb, Bute, Orange, Granville, Rowan, Mecklenburg and Johnston, have been found Inconvenient for those whose Business it is to attend such Courts: Be it therefore Enacted by the Authority aforesaid, That from and after the passing of this Act the Inferior Courts of Pleas and Quarter Sessions for the several Counties aforesaid shall be held on the Days following, instead of the Days heretofore appointed for holding such Courts, to-wit:

New Hanover, the first Tuesday in January, April, July and October; Onslow, the Second Tuesday in January, April, July and October; Duplin, the Third Tuesday in January, April, July and October; Cumberland, the Fourth Tuesday in January, April, July and October.

Bladen, the first Tuesday in February, May, August, and November.

Pitt, the Fourth Tuesday in January, April, July, and October.

Craven, the Second Tuesday in March, June, September, and December.

Dobbs, the First Tuesday in January, April, July and October.

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Currituck, the First Tuesday in March, June, September and December; Pasquotank, the second Tuesday in March, June, September and December; Chowan, the Third Tuesday in March, June, September and December.

Hyde, the First Tuesday in January, April, July and October; Beaufort, the Second Tuesday in January, April, July and October.

Tyrrell, the second Tuesday in February, May, August and November.

Granville and Hertford, the First Tuesday in February, May, August and November.

Bute, the second Tuesday in February, May, August and November; Halifax, the Third Tuesday in February, May, August and November; Edgecomb, the Fourth Tuesday in February, May, August and November.

Mecklenburg, the Second Tuesday in January, April, July and October; Rowan, the Third Tuesday in January, April, July and October; Orange, the Fourth Tuesday in January, April, July and October.

Northampton, the First Tuesday in March, June, September and December.

And Johnston, the Fourth Tuesday in February, May, August and November, in every Year.

XI. And be it further Enacted by the Authority aforesaid, That all Actions, Suits, Writs, Process, Petitions, Indictments, Informations, and Presentments whatsoever, heretofore commenced in, issued from, or returnable to the respective Courts the Time for holding of which is altered by this Act, shall be, and are hereby continued to the Particular Days and Times hereby appointed; and all Subpoenas for Witnesses, and Recognizances for the Appearance of Persons at the said Courts, as Effectual as if the particular Day for holding any of the said Courts had been mentioned therein; and the Persons summoned as Witnesses, and entering into such Recognizances, bound to appear accordingly.

XII. And be it further Enacted by the Authority aforesaid, That so much of an Act of Assembly, entitled, An Act to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province; and also one other Act of Assembly, made and passed in the Fifth Year of the Reign of his Present Majesty, entitled, An Act to amend and continue an Act, entitled, An Act to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province; as is not otherwise provided for in this Act, and each and every Clause and Article in them respectively contained, together with this Act, shall continue and remain in full Force and Effect for the Space of Five Years, from and after the passing hereof, and from thence to the End of the next Session of Assembly, and no longer, any Thing in the said recited Acts contained to the contrary, notwithstanding.

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

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

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That no Person shall be a Juryman in either of the Superior Courts of Justice within this Province, who shall not be nominated, summoned and Qualified, as is hereinafter directed, that is to say, the Justices of the Inferior Courts within the District of each respective Superior

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Court within this Province shall, and they are hereby directed, before the sitting of any Superior Court, to nominate Twenty Four Freeholders to serve as grand Jurymen, and Twenty Four Freeholders to serve as Petit Jurors, at such Superior Court.

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

IV. And be it further Enacted by the Authority aforesaid, That the Number of Freeholders to be nominated for each County to serve as Jurors as aforesaid, shall be proportioned as follows, to-wit, New Hanover County, Twelve; Bladen County, Eight; Onslow County, Eight; Duplin County, Eight; Cumberland County, Six; and Brunswick County, Six, for the District of Wilmington. Craven County, Eighteen; Carteret County, Four; Beaufort County, Six; Hyde County, Four; (a) Dobbs County, Ten; and Pitt County, Six, for the District of New Bern. Northampton County, Twelve; Halifax County, Fourteen; Edgecomb County, Ten; (b) Johnston County, Six; and Bute County, Six, for the District of Halifax. Chowan County, Ten; Perquimans County, Six; Pasquotank County, Eight; Currituck County, Four; Tyrrell County, Six; Bertie County, Eight; and Hertford County, Six, for the District of Edenton. (c) Rowan County, Twenty Two; (d) Anson County, Ten, and Mecklenburg County, Fourteen, for the District of Salisbury. (e) Orange County, Thirty Six, and Granville County, Twelve, for the District of Hillsborough. A List of which Jurors so nominated, shall be delivered by the Clerk of each Inferior Court of Pleas and Quarter Sessions to the Sheriff, who shall and is hereby required to summons the Persons so nominated to serve as Jurymen at the Superior Court: And if any Juryman so summoned shall Fail to appear, he shall be Fined Five Pounds, Proclamation Money, unless he can shew sufficient Cause to the next Court to execute his non-Appearance; which Fine shall be applied to the Payment of such Jurors as shall attend from the said County, and thereby lessen the County Tax.

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

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

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

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

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

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

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

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

XII. And be it further Enacted, by the Authority aforesaid, That where a View shall be ordered as aforesaid, the Jury appointed for that Purpose shall be struck in Manner following, to-wit: The Plaintiff and Defendant, or their Attornies, shall deliver to each other a List, containing the Names of Twelve good and Lawful Freeholders, inhabiting within the District of the Court ordering such View; and each Party having struck out Six of the Names on the said List, the Persons whose Names are remaining thereon

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shall be the Jurors to have such View; and if either Party shall refuse to comply with the Directions of this Act, in striking such Jury, the Court shall strike Six Jurors in the Stead of him so refusing.

XIII. And be it further Enacted by the Authority aforesaid, That when a Special Jury shall be allowed as aforesaid, Six of the Jurors named in the Pannell, or More, who have had such view and appear, shall be first Sworn on the Trial of the Issue joined in the Cause before any others shall be ballotted and so many only shall be ballotted and added to the Viewers who appear as, after all Defaulters and Challenges allowed, make up the Number of Twelve to be sworn.

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

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

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

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

XVIII. And be it further Enacted by the Authority aforesaid, That the Sheriff of each respective County of this Province shall, Five Days at least before the Sitting of each respective Inferior Court to be held after the Passing of this Act, summon Twenty Four Freeholders to serve on the Grand Jury, and Twelve Freeholders to serve on the Petit Jury, to attend at such Courts respectively; which said Jury shall appear and give their Attendance accordingly, till discharged by the Court: And that there may not be a Default of Jurors, it shall and may be lawful during the sitting of the Inferior Court, for the Sheriff, by order of the said Court, to summon of the Bystanders other Jurors, being Freeholders, to serve on the Petit Jury

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from Day to Day, and on any Day of the said Court the Justice may discharge those who have served the Preceding Day.

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

XX. And be it further Enacted, by the Authority aforesaid, That no Sheriff or other Officer shall serve or execute any Writ or other Process on the Body of any Juror during his Attendance on, or going to, and returning from any of the said Courts; and any such Service shall be void, and the Defendant may on Motion, be discharged.

XXI. And be it further Enacted by the Authority aforesaid, That this Act shall continue and be in Force for and during the Space of Five Years, from and after the Passing of this Act, and from thence to the End of the Next Session of Assembly, and no longer.

CHAPTER IV.
An Act for vesting certain Lots in the Town of New Bern in his Excellency the Governor, and his Successors.

I. Whereas by an Act passed at New Bern the First Day of December, in the Year of our Lord One Thousand Seven Hundred and Sixty Six, entitled, An Act for erecting a Convenient Building in the Town of New Bern, for the residence of the Governor or Commander in Chief for the Time Being, his Excellency William Tryon, Esqr., then and Now Governor and Commander in Chief of this Province, was authorized and impowered to purchase any Number of Lots of Land, not exceeding Twelve, lying and being within the Boundaries of the Town of New Bern, in any part of the 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, or Commanders in Chief of this Province; and upon such Conveyance, to contract and agree with proper Persons for designing, erecting, and completely finishing, a convenient Dwelling House with all necessary Offices, for the Use of Himself and his Successors, Governors and Commanders in Chief of this Province: And whereas pursuant to the Power and Authority of the said Act, his Excellency has thought it most Proper and convenient that a Square in the said Town, containing Twelve Lots, bounded by Eden Street, Pollock Street, Metcalf Street and Front Street, with the Water Fronts belonging thereto, should be purchased for the said Intended Building, and hath agreed with Proper Persons for designing, erecting, and finishing the said House and Offices; but the Legal Title to some of the said Lots being vested in Persons out of the Province, or Infants or Trustees, or Persons at present unknown, his Excellency hath not yet been able to make a Purchase, or obtain proper Conveyances for some of the said Lots: For effecting therefore a Full, complete, and absolute Title to the Whole of the said Lots and Water Fronts, and vesting the same according to the Intention of the said Act of Assembly,

II. May it please your Excellency that it may be Enacted, And be it Enacted

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by the Governor, Council, and Assembly, and by the Authority of the same, That it shall and may be lawful to and for the Inferior Court of Craven County, and the said Court is hereby impowered, authorized, and required, at the first Court to be held for the said County after the First Day of March next, to issue a Warrant or Warrants, Precept or Precepts, directed to the Sheriff of Craven County aforesaid, who is hereby authorized, directed, and required, accordingly to summon, impannel, and return to the said Court, a competent Number of substantial disinterested Persons, qualified to serve on Juries, and not less than Twenty Four; and out of such Persons so to be impanneled, summoned and returned, a Jury of Twelve Persons shall be drawn by some Person by the said Inferior Court to be appointed, in such Manner as Juries for the Trial of Causes in the Superior Court, by the Act of Assembly now in Force are directed to be drawn; which Persons so to be impanneled, summoned, and returned as aforesaid, are hereby required to come and appear before the said Court, at such Time and Place as in such Warrant or Warrants, Precept or Precepts, shall be directed and appointed; and to attend there, from Day to Day, until discharged by the said Court; and all Persons concerned shall have their lawful Challenges (but not challenge the Array of the Pannel) against any of the said Jurymen when they come to be Sworn: And the said Court is hereby authorized and impowered, by Precept or Order, from Time to Time, to require the Attendance of all and every Person or Persons whatever who shall be thought necessary to be examined as Witnesses before them, and to examine them on their Oath or Oaths touching and concerning the Premises: And the said Court may likewise, if the Justices present shall think fit, authorize the said Jury to view the several Lots contained in the said Square and Water Fronts, in such Manner as they shall direct; and such Jury, Witnesses, and Parties, shall attend until all such Matters for which they were summoned shall be concluded: And said Jury upon their Oaths, shall enquire of the Value of such Lots of Land, with the Appurtenances, which is heretofore mentioned as necessary to be purchased, and of the respective Estate and Interest of every Person seized, possessed of, or interested therein, or in any Part thereof: and such Jury shall assess the Sum or Sums to be paid to every such Person or Persons, for the Purchase of such their Estate and Interest which shall be necessary to be purchased: And the said Court shall record the Verdict of the Jury, for such Sum or Sums of Money so to be assessed; which said Verdict or Verdicts, and the Judgment Decree, and Determination thereon, shall be binding and conclusive, to all Intents and Purposes whatsoever, as well against the King's Majesty, his Heirs and Successors, and all and every other Person and Persons, Bodies Politick and Corporate, claiming any Estate, Right, Title, Trust, Use, or Interest in, to, or out of the said Lots of Land, either in Possession, Reversion, Remainder, or Expectancy, as well Infants as Issue unborn, Lunatick, Idiot, and Femme Covert, and Persons under any other legal Incapacity or Disability; and all other Cestui quae Trusts, his, her, and their Heirs, Successors, Executors, and Administrators, as against all other Persons whomsoever; and the said Verdict, Judgment, and Decree and all other Proceedings of the said Court and Jury so to be made, given, and pronounced as aforesaid, shall be fairly written on Paper, and signed and sealed by the Clerk of the Court for the Time Being: And such Judgment, Verdict and Decree, and other Proceedings as relate to the said Lots of Land, or the value of them, as appraised, shall be entered, filed, and kept amongst the Records of the said Inferior Court, and shall be deemed and taken to be Records, to all Intents and Purposes whatsoever; and the same or some Copy thereof, shall be deemed and taken to be good and effectual
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Evidence and Proof, in any Court of Law or Equity whatsoever; and all Persons may have Recourse to the same gratis, and take Copies thereof, paying for every Copy, as in Case of Copies of any other Record of the said Court.

III. And be it further Enacted, by the Authority aforesaid, That such Sum or Sums of Money so to be assessed and Decreed as aforesaid, shall be paid into the Hands of Samuel Cornell, Esq., who is hereby authorized and impowered to receive the same, and to give a Receipt or Receipts, mentioning and specifying for what Premises, and for what Use the said Money is received; which Receipt or Receipts shall be entered on Record, and registered in the Office of the Clerk of the said Inferior Court of the County of Craven, with the Judgment, Verdict and Proceedings to be had as aforesaid, which said Sum and Sums of Money shall be to the Use and Benefit of such Person or Persons as may appear by such Verdict as to have any Right, Title, Interest, or Claim in, to, or upon the said Lots of Land, or any Part thereof, according to their respective Estates and Interests therein; and shall by the said Samuel Cornell, Esq., be paid to such Person or Persons mentioned in such Verdict: But if the said Jury shall return a Verdict, that any Part of the said Lots or Water Fronts belong to Persons Unknown, or that the Title is in Dispute, then, and in such Case, the said Sum or Sums of Money Assessed as the value of such Lands, whereof the Owner is unknown, or the Title is in Dispute, shall, at any Time, by Order of the said Inferior Court of Craven, be paid to such Person or Persons as shall appear to the said Court to be entitled thereto, according to their respective Claims and Interest in the said Premises: And the said Inferior Court of Craven is hereby authorized and impowered, by Petition, in a Summary Way, to hear and determine all Disputes and Claims of any Person Interested in any Part of such Money; and immediately after such Receipt and Registry as aforesaid, and the whole absolute Fee simple Inheritance and Possession of such Lots of Land and Water Fronts, so to be valued as aforesaid, shall, and is hereby declared to vest in his said Excellency the Governor, and his Successors, to the Use of himself and his Successors, Governors or Commanders in Chief of this Province, for the Purposes mentioned in the said recited Act, as fully and effectually, to all Intents and Purposes, as if every Person, having any Estate in the Premises, had actually conveyed the same by Lease and release Bargain and Sale, inrolled Feoffments, with Livery and seisin, Fine and Recovery, or any other legal Conveyance whatsoever; And such Valuation, Proceedings, and payment as aforesaid, shall not only bar all Right, Title, Claim or Demand, of the Person or Persons having any Estate in the Premises, but shall also extend to and be deemed and construed to bar the Dower of the Wife or Wives of such Persons; and all Estates Tail, or Reversions or Remainders, as effectually as a Fine or Recovery would do, or would have done, if levied or suffered by the Proper Parties according to Law.

IV. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the Inferior Court of Craven County, from Time to Time, to impose any Reasonable Fine, not exceeding Three Pounds, Proclamation Money, on the Sheriff, or his Deputy or Deputies, who shall make Default in the Premises, and on any Person, who, on being summoned and returned on any such Jury as aforesaid, shall fail to appear and also on any Witness or Witnesses who shall not attend, or who should refuse to be sworn, or being sworn, shall refuse to give his or their Verdict or in any other manner wilfully Neglect his or their Duty, contrary to the true Intent

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and Meaning of this Act; and from Time to Time, to levy such Fines as other Fines are by Law directed to be levied in the said Court.

V. And whereas according to the Plan of the said Town of New Bern, the Water Fronts of the Lots hereinbefore Mentioned are divided from the said Lots by a Street called Front Street; which if it continues a Public Street, would be inconvenient to the improvements intended on the said Lots for the Accommodation and Residence of the Governor and Commander in Chief. And whereas for the Advantage, Prospect, and Situation, the Foundation of the said Edifice is laid so near to Eden Street, that it will be necessary to extend the Line of the said Lots, so as to include Part of the said Street; Be it therefore Enacted by the Authority aforesaid, That all that Part of Front Street, lying between the Lots hereinbefore mentioned, and the Water Fronts, extending along the said Street, as far as the Lots and Fronts aforesaid run; and all that Part of Eden Street, beginning at the Back Corner of the said Square, in the Angle of Eden Street and Pollock Street, running across Eden Street Thirty Feet, and from thence down the Middle of the said Street to the River, including the Intersection of Front Street, shall be, and are hereby vested in his Excellency William Tryon, Esq., Governor and Commander in Chief of this Province, and his Successors, for the Use of himself and his Successors, Governors or Commanders in Chief of this Province, as fully and amply, to all Intents and Purposes, as any of the above Mentioned Lots of Land are by the said Act directed and intended to be vested, purchased, or settled for the Purposes therein mentioned; and from henceforth all those Parts of the said Streets within the limits above mentioned shall cease to be public Streets, and may be inclosed, built upon, and improved, or made Use of, as if the same originally had been Part of any of the said Lots; any Act heretofore made to the contrary notwithstanding.

VI. And be it further Enacted, by the Authority aforesaid, That the Purchase of the Lots hereinbefore mentioned to have been made by His said Excellency, as Part of the Twelve Lots mentioned in the said Act, is hereby ratified and confirmed; and the Possession, and absolute Fee-simple and Inheritance of and in the said Twelve Lots, Streets and Water Fronts, are hereby declared to be fully vested in his Excellency William Tryon, Esq., and his Successors, for the Purposes and Uses in the said Act Mentioned, against the Claim of all Persons whatsoever.

CHAPTER V.
An additional Act to 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 the Provision made in the said Act hath been found to be insufficient for compleating and finishing the said Buildings and Offices; and whereas the Fund out of Which the Money granted for building the same hath proved insufficient:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the Same, That the further Sum of Ten Thousand Pounds, Proclamation Money, shall, and is hereby granted to his Excellency the Governor, for and towards finishing the said Edifice and Offices; for raising and levying whereof, an Annual Poll-Tax of Two Shillings and Six Pence, Proclamation Money, shall be levied on each Taxable Person in this Province, for and during the Term of Three Years, to be collected by the

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Sheriff of each respective County, on or before the First Day of March in each Year; the First Collection thereof to be made in the Year One Thousand Seven Hundred and Sixty Nine; and that all and every Person neglecting to pay the said Tax, on or before said First Day of March, shall be liable to such Distress 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 of them shall receive in Virtue of this Act, under the same Regulations and Directions, and the like Fines and Forfeitures, as are directed and Inflicted by other Acts for the collecting of Public Taxes.

III. And be it further Enacted, by the Authority aforesaid, That as soon as the said Tax shall be collected, or any Part thereof, the Treasurers, or either of them shall pay to his Excellency the Governor, for the Purposes aforesaid, the said Sum of Ten Thousand Pounds, Proclamation Money; and in Case of any Surplusage, the same shall be applied for and towards defraying the contingent Charges of Government.

IV. And whereas there may be occasion for money for carrying on and compleating the said Edifice before the said Tax can be collected, Be it further Enacted by the Authority aforesaid, That in such Case it shall and may be lawful for his Excellency the Governor, and he is hereby requested, to borrow as much Money as he shall think necessary (not exceeding the said Sum of Ten. Thousand Pounds, Proclamation Money) and to give one or more Receipt or Receipts under his Hand, in Sterling Money for the same, specifying the Use for which such Money shall be received; which said receipts shall bear interest, at the Rate of Eight Per Cent. per Annum, and shall be paid by the Public Treasurers, or either of them, in Sterling Money, or in Proclamation Money at the Current Exchange, as soon as sufficient of the said Tax shall be received for that Purpose.

V. Provided always, That no Persons possessed of such Receipts shall receive Interest thereon for more than Three Years from the Date hereof, unless it shall appear that such Person or Persons applied to the Public Treasurer for his Principal Money, and Interest, at the Expiration of the said Three Years, and that the Treasurers neglected or refused to pay the same; in which Case, Interest shall be paid on the said Receipts, till they are fully Discharged.

VI. And whereas the Public Treasurers of this Province were by the aforementioned Act directed to pay, out of the Fund appropriated for erecting Public Schools and Purchasing Glebes, to His Excellency the Governor, the Sum of Five Thousand Pounds, Proclamation Money, for the Purposes in that Act Mentioned; and whereas the Money belonging to said Fund, in the Hands of the Public Treasurers, has been found to fall Fifteen Hundred Pounds Short of the aforesaid Sum of Five Thousand; Be it therefore further Enacted, by the Authority aforesaid, That His Excellency the Governor may, and is hereby authorized, to issue his Warrant to one or Both of the Public Treasurers of this Province, requiring each or either of them to pay the said Deficiency of Fifteen Hundred Pounds, out of the Money arising from the Tax and Duties laid by the aforesaid Act, for replacing the said Sum of Five Thousand Pounds in the Public Treasury: And in Case the said Treasurers, or either of them, should not have to the amount of the said Sum of Fifteen Hundred Pounds in his or their Hands, arising from the Tax and Duty aforesaid, for replacing in the Treasury the said Five Thousand Pounds at the Time the same may be Drawn for; that then and in such Case, it shall and may be lawful for the said Treasurers or either of them to borrow the said Sum of Fifteen Hundred Pounds, and allow for the same Interest, at the

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Rate of eight per cent., per annum till such Time as the Treasurers shall be enabled, from the Money arising from the Duty and Tax imposed by the aforesaid Act, to discharge the Sum by him so borrowed.

CHAPTER VI.
An Act for appointing Sheriffs and directing their Duty in Office.

I. Whereas the Laws now in Force for appointing Sheriffs, and directing their duty in Office have been found greatly Defective; and there is at present no Law whereby those who have been invested with the Power of applying Public Money, or Collectors of the same, can be compelled to a Speedy Execution of the said Trusts; by Occasion whereof the Public hath been greatly Defrauded, and the Faith thereof much depreciated: For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That every Inferior Court of this Government shall, annually between the First Day of March and the First Day of June, recommend to the Governor or Commander in Chief of this Province, Three such Persons as they shall think most fit, being Freeholders of sufficient circumstances to execute the Office of Sheriff; one of which Persons so recommended shall thereupon be commissioned by the Governor, or Commander in Chief, to execute the Office of Sheriff for that County, for the then next ensueing Year: But if at any Time any Inferior Court shall neglect or refuse to make such Recommendation, or if the Persons so recommended shall refuse or neglect to produce a Certificate thereof to the Governor, and apply for a Commission thereon, within Six Weeks after such Recommendation shall be made, or cannot find sufficient Security, in either of those Cases, it shall and may be Lawful for the Governor, or Commander in Chief, and he is hereby authorized and required to appoint, and by his Commission constitute any Freeholder of such County, having Circumstances of ability as aforesaid, to be Sheriff thereof; or if no Person of sufficient Abilities within the said County shall apply for such Commission before the next succeeding Inferior Court after that in which such Recommendation shall be made as aforesaid, that then it shall and may be lawful for the Governor or Commander in Chief, and he is hereby authorized and impowered, to constitute and appoint any Person, of sufficient abilities and Circumstances, to be Sheriff of such County, although such Person may not be a Resident therein: And if any Sheriff appointed, upon Recommendation as aforesaid, shall happen to die in the Time of his Sheriffalty, the Governor or Commander in Chief may, and is hereby impowered, to appoint one of the Survivors, recommended with the Person deceased, to be Sheriff in his Room; and when any Sheriff appointed, upon neglect of Recommendation, happens to die in Office, any Freeholder, of sufficient Circumstances, may and shall be commissioned in his Stead.

III. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act, no Inferior Court shall recommend to the Governor, any Person for his appointment to the Office of Sheriff, who shall have served Two Years successively in the said Office, unless such Person shall produce a Certificate, from the Treasurer of the District, of his having fully accounted for, and paid all the Public Taxes which he hath, or ought to have received by Virtue of his said Office: And if any Inferior Court shall recommend any such Person contrary to the true Intent and Meaning of this Act, each and every Judge or Justice thereof, who shall join in such Recommendation,

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shall forfeit and pay Fifty Pounds, Proclamation Money, to any Person who shall sue for the same; to be recovered by Action of Debt, in any Court having Jurisdiction thereof.

IV. And be it further Enacted by the Authority aforesaid, That no Person shall be compellable to serve as Sheriff longer than One Year, and until the next succeeding Court after Expiration thereof, and no longer: And every Person accepting a Sheriff's Commission shall, before his entering into, or executing his Office, publicly, before his County Court, take the Oaths appointed, or which shall be appointed by Act of Parliament, for the Qualification of Public Officers, repeat and subscribe the Test; and also take the following Oath, to-wit:

I, A. B., do solemnly swear, That I will truly and faithfully execute the office of Sheriff of the County of —— to the best of my Knowledge and ability, agreeable to Law; and that I will not take, accept or receive, directly or Indirectly, any Bribe, Gift, Fee, or Reward whatsoever, for returning any Man to serve as a Juror on any Jury, or for making any False Return of Process to me directed, during my continuance in my said Office. So help me God.

And also shall enter into One Bond, before the Justices of his Inferior Court, with two or more good and Sufficient Securities, in the Penalty of One Thousand Pounds Sterling; with Condition in Form following, to-wit:

The Condition of the above Obligation is Such, That whereas the above named A. B. is constituted and appointed Sheriff of the County of —— during Pleasure, by a Commission from the Governor, under the Seal of this Province, dated the —— day of —— last Past: If therefore the said A. B. shall well and truly Execute, and due Return make, of all Process and Precepts to him directed; and pay and satisfy all Fees and Sums of Money by him received, or levied by Virtue of any such Process, into the Proper Office by Which the same, by the Tenor thereof, ought to be paid, or to the Person or Persons to whom the same are due, his or their Executors, Administrators, Attornies or Agents; and in all other Things well, truly, and faithfully execute the said Office of Sheriff, during his Continuance therein; then the above Obligation to be void, otherwise to remain in Full Force and Virtue. And also shall enter into one other Bond before such Court, and with the like Security, in the Sum of One Thousand Pounds Sterling; with a Condition in the following Form, to-wit:

The Condition of the Above Obligation is such, That whereas the above bound A. B. is constituted and appointed Sheriff of the County of —— during Pleasure, by Commission from the Governor, under the Seal of the Province, dated the —— Day of —— last past: If therefore the said A. B. shall well and truly Collect and receive all such Public Taxes and Dues as are, or which shall be appointed by Act of Assembly, to be paid by the Taxable Persons within his Bailiwick, during his continueing Sheriff thereof; and duly account for and pay the same to such Person or Persons, and at such Times, as by Law are or shall be limited and directed; then the above Obligation to be void and of no Effect, otherwise to remain in full Force and Virtue.

Which said Bonds and Securities every Inferior Court respectively is hereby impowered and required to demand and take and cause to be acknowledged before them in Open Court, and recorded; the First of which said Bonds shall be made payable to his Majesty, his Heirs and Successors, and that in the Name of his Majesty and his Successors, any Person or Persons injured may and shall, at his, her, or their proper Costs and Charges, commence and prosecute a Suit or Suits on the said First mentioned Bond, against the Parties therein bound, their Executors or Administrators, and

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shall and may recover all Damages which he, she, or they, may have sustained, by Reason of the Breach of the Condition of such Bond: And the said last mentioned Bond shall be made payable to the Governor, or Commander in Chief for the Time Being, and his Successors; and that in the Name of the Governor or Commander in Chief, and his Successors, the Treasurer of the District may and shall commence and prosecute a Suit on such last mentioned Bond, against the Parties therein Bound, their Executors or Administrators, and shall and may recover, for the Use of the Public, such Damages as the Public shall or may have sustained by Means of a Breach of the Condition of such Bond. And such Bonds shall not become void upon the first Recovery, or if Judgment shall be given against the Plaintiff or Plaintiffs who shall sue on such Bonds respectively, but may be put in Suit, and prosecuted from Time to Time, for the benefit of the Public in One Case, and for the Benefit, and at the Proper Costs and Charges, of any Party injured in the other, until the whole Penalty of the Bond sued shall be recovered.

V. Provided always, That if any Verdict or Judgment shall pass for such Sheriff, or his Securities, the Person at whose Instance such Suit shall be commenced, shall pay such Sheriff, or his Securities their Costs; and the Court before which such Suit shall be brought, shall and may award Execution for the same.

VI. And be it further Enacted, That every Sheriff who shall be in Office on the First Day of March next after the passing of this Act, shall at the first Court to be held for his County thereafter, enter into such Bonds, with Securities, as is by this Act directed to be given by a Person accepting the Office of Sheriff, upon Recommendation of the County Court, or otherwise; and if any Person who shall be appointed hereafter Sheriff pursuant to this Act, shall refuse to accept and execute such Commission to him directed, he shall forfeit and pay the Sum of Ten Pounds Proclamation Money, to the Use of the Public; to be recovered in the Name of the Governor or Commander in Chief, with Costs, by the Treasurer of the District wherein the Person so refusing shall reside, by Action of Debt, bill, Plaint, or information; and every Sheriff who shall be in Office on the aforesaid First Day of March, that shall neglect or refuse to give Bond, with Security, as hereinbefore directed, shall incur the like Penalty, to be recovered in the same Manner, and to the same Use as aforesaid.

VII. Provided nevertheless, That if any Person hereafter appointed to execute the Office of Sheriff of any County in this Province, shall be willing to execute the same, but cannot give sufficient Security as is by this Act Required, and shall make Oath in the Court of the County for which he shall be appointed Sheriff, that he hath used his best Endeavors, without Fraud or Collusion, to get such Security, that then such Person shall not incur the Penalty aforesaid; any Thing herein contained to the contrary notwithstanding.

VIII. Provided also, That any Sheriff who shall be in Office on the aforesaid First Day of March, and shall be willing to give such Security as aforesaid, and cannot procure the same, and shall make Oath thereof in Manner hereinbefore mentioned, that then such Sheriff shall not be Subject to the said Penalty; any Thing herein contained to the contrary notwithstanding.

IX. Provided likewise, That no Member of his Majesty's Council shall be obliged to execute the Office of Sheriff; any Thing in this Act contained to the contrary notwithstanding.

X. And be it further Enacted, That if any Sheriff hath neglected or refused, or shall hereafter neglect or refuse, to Account for and pay the several.

-------------------- page 716 --------------------
Public Taxes that have been, or hereafter shall be imposed on the Taxable Persons of the County of such Sheriff, and wherewith he shall be chargeable according to the Directions of the Act of Assembly imposing the same, after deducting the Commissions allowed him by Law, and the several Sums chargeable to Persons who have no visible Estate in his County, it shall and may be lawful for the Superior Court of the District wherein such Sheriff shall live, upon Motion of the Treasurer of the District, to give Judgment against such Sheriff for all the Money whereof he is or shall be Chargeable, by Virtue of any Act or Acts of Assembly as aforesaid, with Costs; and thereupon to award Execution against the Goods and Chattels, Lands and Tenements, of such Sheriff. Provided, That such Sheriff have Ten Days Previous Notice of such Motion.

XI. And be it further Enacted by the Authority aforesaid, That upon the Trial of any Cause on the said last mentioned Bond, wherein issue shall be joined upon Performance of the Condition thereof, or where a Writ of Enquiry of Damages shall be executed upon any Breach of the same assigned or where a Motion shall be made against the Sheriff as aforesaid, it shall be sufficient, to ascertain the Sum wherewith the Sheriff stands chargeable, for the Treasurer to give in Evidence an attested Copy of the List of Taxables in the County of the Sheriff so sued or moved against; and shall recover the whole Taxables contained in such List, deducting only the Commissions by Law allowed him, and for such Persons who have no visible Estate in his County; any Law, Usage or Custom, to the contrary notwithstanding.

XII. Provided always, That if such Sheriffs shall before the Commencement of such Suit, or hearing such Motion, have settled with the Court of his County for the County Tax, and obtained an Allowance for such Persons who have no visible Estate therein, certified by Five Justices at least, an attested Copy of such Settlement may also be given in Evidence by the Defendant.

XIII. And be it further Enacted, That the Clerk of each Inferior Court shall, on or before the First Day of March, annually transmit to the Treasurer of the District wherein such Clerk shall live, a true Copy of the list of Taxables of the said County filed with him, alphabetically digested; for which Service he shall be paid by the Treasurer the usual Fee, which shall be by him charged to the Public in his Account: And every Clerk failing or neglecting to Perform his Duty herein, shall, for each Offence, forfeit and pay Twenty Pounds, Proclamation Money; one Half to the Informer, and the other Half to the Governor or Commander in Chief, for the Use of the Public, to be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record, with Costs; any Law, Usage or Custom, to the contrary, notwithstanding.

XIV. And be it further Enacted by the Authority aforesaid, That every Sheriff himself, or by his Lawful Officers or Deputies, shall, from Time to Time, execute all Writs and other Process to him legally issued and directed to him within his County, or upon any Bay, River or Creek adjoining thereto, and make due Return thereof under the Penalty of Forfeiting Fifty Pounds Proclamation Money, for each Neglect, where such Process shall be delivered to him Twenty Days before the sitting of the Court to which the same is returnable; to be paid to the Party Grieved, by Order of such Court, upon Motion and Proof of such Delivery, unless such Sheriff can shew sufficient Cause to the Court at the next succeeding Court after such Order. And for every False Return, the Sheriff shall forfeit and pay Fifty Pounds Proclamation Money; one Moiety thereof to the Party grieved and the other Moiety

-------------------- page 717 --------------------
to him or them that will sue for the same; to be recovered with Costs, by Action of Debt, Bill, Plaint, or Information, in any Court of Record; and moreover, be further liable to the Action of the Party grieved for Damages: And no Sheriff shall return upon any Writ, that the Defendant is not to be found within his Bailiwick, unless such Sheriff shall have actually been at the House or place of abode of such Defendant: And where any Defendant shall be Known Inhabitant of any other County than that of the Sheriff to whom such Process shall be directed, the Sheriff shall return the Truth of the Case; and thereupon an Alias shall issue, directed to the Sheriff where such Defendant resides, if the original Process shall issue from a Superior Court; and no variance of the Addition of the Place of abode of the Defendant shall be deemed Error or Matter of Abatement: And in Case at any Time there shall be no Person properly qualified to act as Sheriff in any County in this Province, that then it shall and may be lawful for the Coroner of such County, and he is hereby required, to execute all process within the same, until some Person shall be appointed, and Properly Qualified to act as Sheriff in the said County; and such Coroner shall be under the same Rules and Regulations, and subject to the same Fines and Forfeitures, as Sheriffs are by law, in Relation to the Executing and Returning of any Process to them directed.

XV. Provided always, That it shall not be lawful for any Sheriff, or other Officer, to execute any Writ or other Process upon a Sunday, or upon any Person attending his Duty at a Muster of the Militia, or any Election of a Burgess or Burgesses, or Vestrymen or any Person summoned to attend as an Evidence or a Juror; and all such service of Process is hereby declared illegal and Void, unless the same be issued against any Person or Persons for Treason, Felony, or Riot, Rescous, Breach of Peace, or upon an escape out of prison or Custody; and such Process shall and may be executed at any Time or Place.

XVI. And be it further Enacted by the Authority aforesaid, That from and after the First of June next, each and every Sheriff within this Province shall, on levying any Execution for any Debt, Damages, or Costs, make out, if required, a Bill of his Fees due on such Action or Suit; and set down under the said Bill, a true Copy of the Clerk's, Attorney's, and other endorsed Fees, separately and distinctly, and give a Receipt for the same to the Party against whom such Execution shall issue, and shall also endorse the amount of his Own Fees he shall so take on such Execution, to be entered by the Clerk on the Execution Docket; for which Copy the said Sheriff may demand and receive One shilling of the Person requesting the same: And if any Sheriff or other Officer impowered to levy any Execution, shall fail so to do, such Sheriff or other Officer shall forfeit and pay Ten Pounds Proclamation Money, to any Person who will sue for the same.

XVII. And be it further Enacted by the Authority aforesaid, That it shall not be lawful for any Sheriff, or his Officer or Deputy, to take any Obligation of or from any Person or Persons in his Custody, for or concerning any Matter or Thing relating to his Office, otherwise payable than to himself as Sheriff, and dischargeable upon the Prisoner's Appearance, and rendering himself at the Day and Place required in the Writ whereupon he was, or shall be taken or arrested and his Securities discharging themselves therefrom as Special Bail of such Prisoner) or such Person or Persons keeping within the Limits and Rules of any Prison; and every other Obligation taken by any Sheriff in other Manner or Form by Colour of his Office shall be null and Void, except in any Special Case any other Obligation is, or shall be by law particularly and expressly directed; And That no

-------------------- page 718 --------------------
Sheriff shall Demand, take, exact, or receive, any greater Fee or Reward whatsoever, nor shall have any allowance, Reward, or Satisfaction, from the Public, for any Service by him done, other than the sum of Ten Pounds Proclamation Money, for Ex-officio Services, and the allowances given and Provided, or which shall be from Time to Time given and Provided by Law.

XVIII. And whereas Sheriffs and other Collectors of Taxes, have discovered some Taxables not inlisted, and have demanded and received the Taxes from them, and retained the same to their Own Use; Be it therefore Enacted, by the Authority aforesaid, That all Sheriffs and Collectors shall hereafter account on Oath, for all such Taxes by them received, to the Respective Treasurers, Inferior Courts, or Vestries, as the Case may be, which shall be applied to the Use of the Public, County, or Parish, respectively.

XIX. And be it further Enacted, That where any Person or Persons, chargeable with any Public or County Taxes, shall not discharge the same on or before the Tenth Day of March in each Year, it shall be lawful for the Sheriff to Distrain any of the Slaves, Goods and Chattels, belonging to, or in the Possession of, the Person owing or chargeable with such Taxes; and if the owner thereof shall not, within Five Days after such Distress, pay and satisfy the Taxes due, such Sheriff shall and may lawfully sell by Auction, the Slaves, Goods and Chattels, distrained or so much thereof, as shall be sufficient to satisfy the said Taxes, and the Charges of Distress and Sale, but shall give Notice of the Day and Place of the Sale at the Court House of the County wherein such Distress shall be made, by setting up an Advertisement thereof; which Sale shall not be in less than Three, or more than Ten Days after Notice so Given; and shall be good and effectual in Law against all and every Person and Persons whatsoever, claiming or pretending to claim any Right, Title, or Interest, in or to any of the said Slaves, Goods or Chattels.

XX. And be it further Enacted by the Authority aforesaid, That where the Sheriff of any County shall be removed from his Office, or his Time of service therein shall expire, before he shall have compleated his Collection of Public, County and Parish Taxes, his Power of collecting such Taxes and making Distress for the same, shall continue as fully as if he had not been removed from his said Office of Sheriff, or his Time therein had not expired; and where any Sheriff shall die before he has finished his Collection his Executors or Administrators shall and are hereby invested with the like power and authority to compleat and finish the Collection of Public, County, and Parish Taxes, as the Testator or Intestate had or was entitled to; and to settle and account for the same, in the like Manner and under the same Regulations and Restrictions, as the Testator or Intestate would have been subject to, had he lived to finish his Collection, and settle for the same.

XXI. And whereas it hath so happened, that many Persons who heretofore have acted in the Office of Sheriff, have not fully compleated the Collection of Public, County, and Parish Taxes, in their respective Counties; Be it therefore Further Enacted, by the Authority aforesaid, That it shall and may be lawful for such Persons, whose Time of Sheriffalty hath expired and who have not fully finished the collection of such Public, County, and Parish Taxes as by Law required, to continue to collect and make Distress for the same, in the same Manner as such Sheriff might or could have done, had the Time of their continuance in Office not expired; any Law, Custom, or Usage, to the Contrary Notwithstanding.

XXII. Provided always, That no Sheriff shall at any Time make or take

-------------------- page 719 --------------------
unreasonable Distress, or seize the Slave or Slaves of any Person, for any Public or County Taxes, or for Officers' Fees, if other sufficient Distress can be had; upon Penalty of being liable to the Action of the Party grieved, grounded upon this Act, wherein the Plaintiff shall recover full Costs, although the Damages given do not exceed Twenty Five Shillings Proclamation Money.

XXIII. And be it further Enacted by the Authority aforesaid, That if any Person Committed or rendered, or charged in execution, or upon Mesne Process, to any Prison, shall thence escape, it shall and may be lawful to and for any Justice of the Peace of the County where such Prisoner was in Custody, upon Oath of such Escape made before him by the Sheriff, Under Sheriff or Gaoler, or other credible Person, to grant to any Person demanding the same One or more Warrant or Warrants, under his Hand and Seal, directed to all Sheriffs, Bailiffs and Constables, within this Province, reciting the Cause of such Person's Commitment, and the Time of his or her escape, and commanding them, and every of them, in their respective Counties and Precincts to seize and retake such Prisoner so escaped, or going at large; and being so taken, forthwith to convey to the Prison where Debtors are usually kept, in the County where such retaking shall be, there to be kept in safe Custody, until he or she be thence discharged by due Course of Law; which Warrant the Sheriff is hereby required to obey, and receive the Prisoner into his safe Custody, and to give a Note to the Person or Persons delivering him, her or them, certifying his receipts of such Prisoner; and shall also make Return of the Execution of such Warrant to the Court of the County where such Prisoner escaped; and if he or she was there in custody, charged in Execution, then the said Sheriff shall safely keep him, or her without Bail or Mainprize, until he or she shall have made full payment and satisfaction to the Plaintiff or Plaintiffs, Creditor or Creditors, in whose Name such Execution was issued out, or until the Judgment or Judgments, obtained against him or her shall be reversed or discharged by due Course of Law; And if any such Prisoner shall have been in custody upon Mesne Process in any Action of Debt, or upon the Case the Sheriff to whom he or she shall be so committed, shall in like Manner, keep such Prisoner in his safe Custody, and make Return of the Execution of the Warrant by which he or she was retaken, to the Court of the County wherein he or she was first arrested; and thereupon it shall be lawful for the said Court, upon the Plaintiff's filing his Declaration, and entering the Defendant's Appearance, to proceed to give Judgment thereon in the same Manner as if the Defendant had appeared in Court and refused to Plead, unless such Defendant shall cause special Bail to be entered in the said Court, and shall immediately Plead to issue; and thereupon a Certificate, under the Hand of the Clerk of the said Court, that such Bail is given and delivered to the Sheriff in whose Custody such Defendant shall then Be, it shall be lawful for him to set at Large such Prisoner, and not otherwise; But where any Prisoner escaped, and retaken upon such Warrant as aforesaid, shall thereafter be charged with Treason, Felony, or other Capital Crime, in Behalf of his Majesty, or his Successors, for which he or she ought to be tried in one of the Superior Courts of this Province and shall be for such Cause removed to any Gaol of such Court every such Prisoner shall be charged in such Gaol with all the Causes wherewith he or she stood charged in the Gaol from whence he or she escaped, or was removed, until he or she be thence delivered by due Course of Law; any Usage, or Custom to the contrary, notwithstanding.

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

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any Sheriff or other Officer hath Made, or shall make any Return upon any Writ of Fieri Facias, or Venditioni Exponas, that he hath levied the Debt, Damages, and Costs, or Fees, as in such Writ required, or any Part thereof; and hath not or shall not pay the same into the Proper Office, or to the Party to whom the same is Payable, or his Attorney, at the Return of such Writ; or hath or shall return upon any Writ or Capias ad Satisfaciendum, or attachment, for not performing a Decree in Chancery, for the Payment of any Sum of Money or other Matter, that he hath taken the Body or Bodies of any Defendant or Defendants, and hath the same ready to satisfy the Money, or other Matter in such Writ mentioned, and shall have actually received the Money, or other Matter, from the Defendant or Defendants, or any Part thereof; or suffered him, her, or them to escape, with consent of such Sheriff or Officer; and hath not or shall not pay the same into the Proper Office, or to the Party to whom the same is payable, or his Attorney; that then or in either of the said Cases, it shall and may be lawful for the Creditor, at whose Suit of Fieri Facias, Venditioni Exponas, Capias ad Satisfaciendum, or Attachment, hath, or shall issue, upon Motion made in the Court from whence such Writ issued, or in the Superior Court of the District wherein such Sheriff shall reside, to demand Judgment against such Sheriff, or other Officer, for the Money, or other Matter, mentioned in such Writ; and such Court is hereby authorized and required to give Judgment accordingly for the same with Costs, and to award Execution against the Goods and Chattels, Lands and Tenements, of such Sheriff, provided such Sheriff have Ten Days' Previous Notice of such Motion; And where it shall so happen that the Time of any Person's Sheriffalty shall be expired, or he shall be removed from his Office, before such Motion made by the Creditor or Creditors, the same Remedy, Proceedings, and Relief, shall and may be had against him, as if such Person was actually in Office; any Thing herein contained to the contrary, notwithstanding.

XXV. And be it further Enacted, by the Authority aforesaid, That where any Sheriff shall have taken the Body of any Debtor in Execution, and shall wilfully or negligently suffer such Debtor to escape, and such Sheriff or Person suing out such Execution, shall die before a Recovery can be had against such Sheriff for such Escape, the Person suing out such Execution His Executors or Administrators, shall and may have and maintain an Action of Debt, against such Sheriff, his Executors or Administrators, for the Recovery of all such Sums of Money as are mentioned in the said Execution, and Damages for detaining the same; any Law, Usage or Custom, to the Contrary, notwithstanding.

XXVI. And for removing all Controversies touching the Manner of turning over Prisoners upon the Sheriff's Quitting his Office, Be it further Enacted by the Authority aforesaid, That the Delivery of Prisoners by Indenture between the Old Sheriff and the New according to the Practice in England, or the entering upon Record in Court the names of the several Prisoners, and the Causes of their Commitment, delivered over to the New Sheriffs, shall be sufficient to discharge the late Sheriff from all Suits and Actions for any Escape that shall afterwards happen.

XXVII. And for preventing the evil and Pernicious Practice of such as are intrusted with laying out of the Public Money, in applying it to their own use, in Defraud of the Government; Be it Enacted by the Authority aforesaid, That if any Person or Persons who heretofore have been, now are, or hereafter shall be appointed a Treasurer or Treasurers of this Province, by Virtue of any Act of Assembly, and have failed and neglected or shall fail or neglect, to account for and pay the several Taxes, Imposts,

-------------------- page 721 --------------------
and Duties, which they respectively have been, now are or hereafter shall be authorized and impowered to receive, according to the Directions of the Law or Laws imposing the same, that it shall and may be lawful for any Superior Court of the District of such Treasurer, on Motion of the Attorney General, or any other Attorney, by Order and Direction of the General Assembly, to grant Judgment against such Treasurer, in the Name of the Governor or Commander in Chief, for all such Public Taxes, Imposts and Duties, which he shall have in his Hands unaccounted for as aforesaid, together with Interest thereupon, after the rate of Six per cent per Annum, from the Time of receiving the same till paid, and Double Costs, and to award Execution thereupon against the Body, Goods and Chattels, Lands and Tenements, of such Treasurer, provided such Treasurer have Ten Days' Previous Notice of such Motion; and Moreover, such Treasurer shall lose all such Commissions upon such Taxes and Duties, as he otherwise would have been entitled to.

XXVIII. And be it further Enacted by the Authority aforesaid, That the Money that shall be recovered of any such Treasurer or Treasurers shall, when received, be applied to the several respective Uses, Intents, and Purposes to which the same are, or shall be by Law appropriated, or to such other Uses and Purposes as the General Assembly shall direct and appoint.

XXIX. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons who heretofore have been, now are, or hereafter shall be appointed and impowered to lay out any Sum or Sums of Money, in Behalf or on Account of this Province, whether the same was, is, or shall be for his Majesty's service, defraying the contingent Charges of this Government, or other Purposes by Act of Assembly particularly Directed, and have received the same and have refused, failed and neglected or shall refuse, fail or Neglect, to lay out or apply such Sum or Sums, and account for the same, according to the directions of the law or Laws that have appropriated, or shall appropriate the same; it shall and may be lawful for the Attorney General, by order and direction of the General Assembly, upon Motion made in the Name of the Governor or Commander in Chief, in any Superior Court in this Province, to demand Judgment against any such Person or Persons, for all such Sums of Money as he or they shall have received for the Purposes aforesaid, or any of them, that such Person or Persons shall not have applied, laid out and accounted for, according to the several Acts of Assembly, intrusting any such Person or Persons with the Application thereof shall require; and such Court is hereby authorized, impowered, and required, to give such Judgment accordingly, to be paid with Interest thereupon, after the Rate of Six Per cent per annum, from the Time such Person or Persons received the same, till paid and Treble Costs, and to award Execution thereupon against the Body, Goods, and Chattels, Lands and Tenements of such Person or Persons, provided such Person or Persons, have Twenty Days' previous Notice of such Motion; And if such Person or Persons shall be sued on his or their Bond given for the Performance of such Trust as aforesaid, the Court before such trial shall be had, or Writ of Enquiry executed on an Assignment of any Breach of the Condition thereof, shall give Judgment for the Whole Penalty of such Bond; to be Discharged upon the Defendant or Defendants paying the Damages found or assessed, together with Interest from the Date of such Bond, till paid, with Treble Costs as aforesaid; and in both the said Instances, such Person or Persons shall lose all such Commissions, Allowances, and Rewards, as he could or

-------------------- page 722 --------------------
might have claimed if he had laid out such Money, and Regularly accounted for it.

XXX. And be it further Enacted, That in both the aforesaid Cases, the Money when recovered and received, shall be applied and laid out to and for the several respective Uses and Intents to which the same is, or shall be by Law directed to be applied, or as the General Assembly shall order and appoint.

XXXII. And whereas many of the Sheriffs of this Province, have heretofore applied to their own private Uses, or otherwise embezzled considerable Sums of the Public Money, in Hopes of replacing the same when called for, and by Reason thereof have been rendered unable to come to any regular Account with the Public Treasurers within the Time appointed by Law, to the great and Manifest Prejudice of the Public Interest, of their Securities, and of their Own Estates; For Remedy whereof, and to the End that the Public Money, collected from the People may be faithfully applied and appropriated to the several Purposes for which it was intended; Be it Enacted, by the Authority aforesaid, That from and after the last Day of December, in the Year of our Lord One Thousand Seven Hundred and Sixty Eight, all Sheriffs and other Collectors of Public Taxes in this Province, shall annually exhibit and deliver into the First Court to be held for their respective Counties after the First Day of January, in each Year, a regular and fair stated Account, signed or attested by the Public Treasurer of the District, ascertaining the amount of what Public Money, each of them respectively had received for the year preceding, together with the Amount of what each of them had paid or disbursed, and the Balance (if any there be) due by them; which stated and signed Account shall be forthwith entered on the Record or Minutes of that Court to which it is exhibited by the Clerk of such Courts respectively, who for his Trouble therein shall be entitled to a Fee of Five Shillings, Proclamation Money; and every Sheriff or other Collector of the Public Taxes, who shall Fail or neglect to obtain, exhibit and deliver, such stated and signed account, or to have the same put upon the Minutes of the Court at the respective Times, and according to the Directions by this Act prescribed, shall forfeit all such Commissions as he or they should by the Laws of this Province be entitled to, as Collectors of the Public Taxes for the Preceding Year; and after such Failure or Neglect, it shall not be lawful for the Public Treasurers to allow of such Commissions to the Party neglecting; any Law, Usage, or Custom, to the contrary, notwithstanding.

XXXIII. And be it further Enacted, That from and after the passing of this act, all Sheriffs, and other Collectors of the Public Taxes, who shall be suspended or removed from their Offices otherwise than by Death, shall immediately after their Successors in Office are Qualified, obtain from the Treasurer of the District a Regular, fair and stated Account signed or attested by such Treasurer, ascertaining the Amount of all the Public Money by such Sheriff or Collector respectively received, or collected in the Time he was in Office, together with all the Payments by such Sheriff or Collector respectively Made or Disbursed, and the Balance due, which stated and signed Account shall, by all Sheriffs and Collectors respectively, be likewise exhibited, and delivered into the Courts of their respective Counties, to be held immediately after their Successors are Commissioned and qualified and forthwith entered upon the Records or Minutes of the said Court in Manner hereinbefore Prescribed; and every Sheriff or other Collector, so removed or superseded who shall fail or neglect to obtain, exhibit, and deliver such Stated and signed Account or to have the same put upon the Records or

-------------------- page 723 --------------------
Minutes, of the Court, at the respective Times and according to the Direction by this Act Prescribed, shall forfeit all such Commissions as he or they should by the Laws of this Province be entitled to, as Collector of Public Taxes, from the last settlement of Account between the Public Treasurers and them respectively and after such Failure or Neglect, it shall not be lawful for the Public Treasurers to allow of such Commissions.

XXXIV. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act, the Clerk of each and every Inferior Court of this Province shall, within Forty Days next, after recording the several stated Accounts between the Treasurers and the Sheriffs, and other Collectors of the Public Taxes by this Act Directed, transmit to the Governor, or Commander in Chief for the Time Being, an Attested Copy of all such Stated and signed Accounts, under the Penalty of Five Pounds, Proclamation Money, to be applied for the Purposes by this Act directed, and recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record, brought in the Name of the Governor for the Time Being; wherein no Essoign, Protection or wager of Law, shall be allowed or admitted.

XXXV. And be it further Enacted by the Authority aforesaid, That from and after the passing of this Act, no Person duly elected and chosen a Representative for any County or Town within this Province, to sit and Vote in the General Assembly, shall during his continueing a Representative thereof, be commissioned to act as Sheriff in or for any County within the same.

XXXVI. And be it further Enacted, by the Authority aforesaid, That all and every Act and Acts of Assembly relating to, or concerning Sheriffs, are hereby repealed and made void.

CHAPTER VII.
An Act to appoint a Public Treasurer of the Northern District, and other Purposes.

I. Whereas by an Act of General Assembly, passed at Wilmington, in the Fifth Year of his present Majesty's Reign, entitled, An Act for appointing Public Treasurers, Joseph Montfort, Esq., was appointed Public Treasurer for the Northern District, which said Act is now near expiring: And whereas by another Act of Assembly, passed at New Bern in the Seventh Year of his Majesty's Reign, entitled, An Act for appointing a Public Treasurer, in the Room of John Starkey, Esq., deceased, John Ashe, Esq., was thereby appointed Public Treasurer for the Southern District, in the Room of the said John Starkey, Esq., deceased; which said Act was to be and continue in Force for and during the Term of Three years, and from thence to the end of the next Session of Assembly; and it being Thought convenient, that all Acts heretofore made in Relation to the Appointment of Public Treasurers, and directing their Duty in Office, should be reduced to, and comprized in one distinct Act:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the said Acts, and all and every other Act and Acts of Assembly, and every Clause of any Act or Acts of Assembly, heretofore made within the Purview and Meaning of this Act, shall be, and are hereby repealed.

III. And be it further Enacted, by the Authority aforesaid, That Joseph Montfort, Esq., be and is hereby appointed Public Treasurer for the Counties of Currituck, Pasquotank, Perquimans, Chowan, Bertie, Tyrrel, Northampton, Edgecomb, Granville, Orange, Hertford, Bute, and Halifax; and that John

-------------------- page 724 --------------------
Ashe, Esq., be and is hereby appointed Public Treasurer for the Counties of Anson, Beaufort, Bladen, Brunswick, Cumberland, Craven, Carteret, Duplin, Dobbs, Hyde, Johnston, Mecklenburg, New Hanover, Onslow, Pitt, and Rowan; which said Treasurers shall, immediately after the ratification of this Act, give Bonds respectively, with Good and sufficient Securities to our Sovereign Lord the King, his Heirs and Successors, in the Sum of Ten Thousand Pounds lawful Money of Great Britain each, with Condition that he will diligently and faithfully collect from the respective Sheriffs, Receivers and Collectors of Duties, and other Persons charged with Public Monies within his said District; and well and truly account for, and pay to the General Assembly of this Province when thereto required, all Public Monies which he now hath or hereafter shall receive, and for the Faithful and regular Discharge of the Duties of his said Office; which Bond shall be lodged in the Secretary's Office, and in Case of Breach of the Condition thereof, may be recovered in any Court of Law in this Province, having Cognizance thereof.

IV. And be it further Enacted by the Authority aforesaid, That the said Treasurers and each of them is, and are hereby impowered, authorized, and required, to receive all Public Monies and Taxes payable in the several Counties within their respective Districts, and the Sheriff of each of the said Counties, and other Collectors and Receivers of Public Monies within any of the said Counties, are hereby directed and required, on or before the Tenth Day of June Yearly, to account with, upon Oath, and pay into the Hands of the Treasurer of his respective District, all Public Monies which the said Treasurers, or either of them, are by Law impowered and required to receive.

V. And be it further Enacted, by the Authority aforesaid, That an Allowance of Five Per cent shall be made to the said Treasurers, on all Monies by them respectively received, accounted for, and paid into the General Assembly as aforesaid.

VI. And be it further Enacted by the Authority aforesaid, That the Clerk of each County in this Province, shall, within six Months after the Ratification of this Act, lodge with the Public Treasurer of the District wherein such County lies, all and every Bond now in his Possession, heretofore given by any present or former Sheriff of the said County, for the Well and truly Collecting, and duly accounting for, and paying the Public Taxes of such County; and the said Clerk shall also lodge with the said Treasurer, all such Bonds as shall at any Time hereafter be entered into, and given by any succeeding Sheriff of his County for the Purposes aforesaid, within nine Months after the Time of executing such Bond or Bonds, the said Clerk first recording such Bond or Bonds at Large, among the Records of his Court, an Attested Copy whereof, under the Hand of the said Clerk, in Case of the loss of the Original Bond, and due Proof thereof made shall be as good and valid in any Court of Law in this Province, against any such Sheriff and his Securities, their, or either of their Heirs, Executors, or Administrators, as if the Original Bond was there to be produced; and if any Clerk shall fail or neglect to record such Bond or Bonds, and lodge the same with the Treasurer of his District within the Time afore Limited, such Clerk shall be liable to a Suspension from his Office, on due Proof thereof Made to the Inferior Court whereof he is Clerk; and such Sheriff shall pay to the Clerk the accustomed Fees for recording the same.

VII. And be it further Enacted, by the Authority aforesaid, That the said Treasurers are hereby authorized, impowered, and required, to sue and Prosecute all such Sheriffs, Receivers of Duties, and other Persons, and the Security or Securities of any such persons, their or either of their Heirs,

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Executors or Administrators, who heretofore have received, or shall hereafter receive, any Public Monies, and have, or shall neglect to account for, satisfy and pay the same; And in Case of Neglect or Failure of either of the said Treasurers to commence Suit against, or otherwise prosecute any Sheriff, or other Person now in Arrear to the Public, within Six Months after the Ratification of this Act, and Receipt of such Bond so received as aforesaid, or those hereafter failing in Arrear to the Public, within Six Months after the Time by Law appointed for Collecting of, accounting for, and paying of Public Taxes and other Duties, and Receipts of such Bond or Bonds so to be received as afore directed, within the Time hereby limited, and directed for Commencing Suit against such Delinquent Sheriff, and other receivers of Public Monies, and their Securities; that then and in such Case, the said Treasurer shall be liable to, and stand chargeable with, all Arrearages due the Public from said Sheriff, and other receivers of Public Money within his respective District.

VIII. And be it further Enacted, by the Authority aforesaid, That the Public Treasurers in this Province shall keep an Account with the several Counties of their respective District, and therein Debit the Sheriff for the Year, with the Number of Taxables, as per list returned by the Clerk, and give such Sheriff Credit for all Insolvents allowed by the Inferior Court agreeable to Law, and also for the several Sums he shall receive from such Sheriff; which Accounts, and all others relative to the Receipt and Disbursement of Public Monies, shall at all Times be open for the Inspection and Perusal of the Governor, or Commander in Chief for the Time being; and shall by the Public Treasurer of each District, together with the Number of Taxables for each County, be laid before the General Assembly for their Examination, Approbation, and allowance; and the Governor or Commander in Chief for the Time being, may be the more readily Informed of the State of the Public Accounts, the Treasurer of each District shall transmit to him such Transcripts or Information as he shall from Time to Time require.

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

CHAPTER VIII.
An Act for regulating Ordinaries, and Restraint of Tippling Houses.

I. Whereas the Laws now in Force have been found ineffectual for the due Regulation of Ordinaries, and Restraint of Tippling Houses;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That every Person desirous of setting up, or keeping an Ordinary, or House of Public Entertainment, shall exhibit a Petition to the Inferior Court of that County wherein such Ordinary, or House of Public Entertainment, is intended to be kept, for obtaining a License for keeping the same; and the Justices of the Court to whom such Petition shall be exhibited shall thereupon consider the Convenience of the Place Proposed, and the ability of the Petitioner, to keep good and sufficient Houses, Lodging, and entertainment for Travellers, their Servants and Horses; and if such Petition shall appear Reasonable, and the Person Petitioning be thought to be of Good Character, and sufficient abilities, such Court is hereby authorized and impowered to grant the Petitioner such License, he first, with one or more sufficient Securities, entering into Bond of the following

-------------------- page 726 --------------------
Tenor, to-wit: Know all Men by these Presents, That we A. B. and C. D. are held and firmly bound unto the Governor and Commander in Chief in and over the Province of North Carolina, in the Sum of —— Pounds Proclamation Money, to be paid to the said —— or his Successors, Governors, or Commanders in Chief for the Time being. To which Payment well and truly to be made, we bind ourselves, and every of us, our and every of our Heirs, Executors, or Administrators, jointly and severally, by these presents. Sealed with our Seals and dated this —— Day of —.

The Condition of this Obligation is such, that whereas the above Bounden A. B. hath obtained a Licence to keep an Ordinary at —— in the County of —— if therefore the said A. B. doth constantly find and provide in his or her said Ordinary Good, wholesome, and cleanly Lodging and Diet for Travellers, and Stabling, Fodder, Hay, Corn, Oats, or Pasturage, as the Season shall require for their Horses, for and during the Term of One Year, or to the Court of said County next succeeding, between the First Day of March and the Tenth Day of June, from the —— Day of —— and shall not suffer or permit any unlawful Gaming in his or her House, nor on the Sabbath Day suffer any Person to tipple or Drink any more than is necessary; then this Obligation to be void, otherwise to remain in full Force and Virtue. In witness whereof, etc. And in case of the Breach of, or not complying with Condition of the said Bond, it shall and may be lawful for any Person, in the Name of the Governor, or Commander in Chief for the Time Being, to sue for, and recover the Penalty of the said Bond; and apply one Half thereof to his Own Use, and the other Half to the Use of the Parish wherein the Cause of Action shall arise.

III. And be it further Enacted, by the Authority aforesaid, That when such Bond shall have been given and lodged in the Clerk's Office, the Clerk of such Court shall prepare a Licence for the Person to whom Ordered; which Licence shall be by the Clerk countersigned, and directed to a Person to be thereto commissioned and appointed by the Governor, or Commander in Chief for the Time Being.

IV. Provided always, That if the Governor or Commander in Chief, shall fail or neglect to appoint a Person for that Purpose, that then the First Justice in the Commission of the Peace for that County, is hereby impowered, Authorised, and required, to countersign and direct the same; which Licence shall continue in Force One Year, or to the next Inferior Court to be held in said County between the First Day of March and the Tenth Day of June; for which Twenty Shillings shall be paid to the Governor, or Commander in Chief for the Time Being; and the Clerk shall receive to his Own Use, for the Licence, Order of Court, and Bond, Five Shillings.

V. And be it further Enacted, by the Authority aforesaid, That no Person shall presume to keep a Tippling House, or retail Liquors, or sell by retail any Wine, Ale, Cider, Beer, Brandy, Rum, or other Spirits, or any Mixture of such Liquors, in any House, Booth, Arbour, Stall, or other Place whatsoever without Licence first had and obtained as aforesaid, in smaller quantities than by this Act permitted and directed; under the Penalty of forfeiting, for each and every Offence, Ten Pounds Proclamation Money.

VI. Provided always, That nothing herein contained shall be construed, deemed, or taken, to prohibit or restrain any Merchant, or other Person, to sell by retail, Wine, Brandy, Rum, or other Spirits, in any Quantity not less than a Quart, or Ale, Beer, or Cider, in any Quantity not less than a Gallon, if none of the said liquors are allowed to be tippled or drank out at the House, Store, or Plantation, where the same are sold.

VII. And be it further Enacted, by the Authority aforesaid, That all Persons

-------------------- page 727 --------------------
hereafter retailing Liquors, shall sell the same by sealed Measures, according to the Directions of an Act of Assembly, entitled, An Act for Regulating Weights and Measures; and any Person selling or retailing by any other Measures, shall for every Offence forfeit and Pay Ten Pounds, Proclamation Money.

VIII. Provided always, That it shall and may be lawful for any Ordinary Keeper, licenced agreeable to the Directions of this Act, to sell Liquors in Bottles, Bowls, or Mugs, so as they charge for no More than the quantity of Liquor the said Vessel shall contain.

IX. And be it further Enacted, by the Authority aforesaid, That if any Ordinary Keeper shall sell to any Person in his or her House immoderate Quantities of Strong Liquors, whereby such Person may be intoxicated, on the Sabbath Day; or entertain Servants or Slaves, against the Will of their Master or Mistress; or Common Sailors, against the Direction of the Captain or Master of the Vessel to which they belong; Every Ordinary Keeper so offending shall and may, by order of Two Justices before whom such Offence shall be proved, be from thenceforth suspended, and as entirely disabled from keeping an Ordinary, as if he or she had never obtained a Licence for that Purpose.

X. Provided nevertheless, That such Ordinary Keeper may be heard by the Justices at the next Court, or any succeeding Inferior Court of the County wherein the Licence was granted; who if they think Proper, may restore such Ordinary Keeper, by granting him a New Licence.

XI. And be it further Enacted, by the Authority aforesaid, That if any Person which, after being suspended and disabled from keeping an Ordinary, according to the Directions of this Act, shall sell or retail Liquors, until he or she shall obtain another Licence for such Purpose, shall be liable to the same Penalties as if a Licence had never been granted to him or her.

XII. And be it further Enacted by the Authority aforesaid, That the Justices of each County shall, at the Court to be held for each respective County between the First Day of March and the Tenth Day of June, annually (at which Court all ordinary Licences are hereby directed and required to be renewed, if intended to be renewed or continued) shall set the Rates and Prices to be paid at Ordinaries for Liquors, Diet, Lodging, Corn, Oats, Provender, Stablage, Fodder, and Pasturage, under the Penalty of forfeiting Five Pounds for each Neglect; and every Ordinary Keeper shall, within One Month after the Rates shall be set by the County Court where his or her Licence shall be granted, obtain of the Clerk a True and Fair Copy of such Rates, for which the Clerks may take two Shillings and Six Pence, Proclamation Money, and no More; which Copy shall be openly set up in some Convenient Place in the common entertaining Room of such Ordinary, and there kept till the Rates are again set by the Court, and then another Copy thereof shall be again so obtained, and kept from Time to Time, under the Penalty of forfeiting for each Neglect, in obtaining and keeping set up such Copy, Five Pounds, Proclamation Money.

XIII. And be it further Enacted, by the Authority aforesaid, That every Ordinary Keeper who shall Charge, ask, or demand, a greater price for any Drink, Diet, Lodging, Fodder, Provender, Corn, Oats or Pasturage, than rated by the Justices, according to the Directions of this Act, shall for every Offence, forfeit Ten Shillings; to be recovered by the Informer, to his Own Use, by a Warrant from a Justice of the Peace of the County where such Offence shall be committed.

XIV. And be it further Enacted by the Authority aforesaid, That no

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Ordinary Keeper shall sell or credit Liquors to any Common Sailor, without Leave of the Master of the Ship or other Vessel to which he belongs, under the Penalty of losing the Money which otherwise he or she might recover for the Liquors so sold on Credit to such Sailor; nor sell Drink upon Credit to any other Person to a greater Sum than Five Pounds, unless such Person shall sign a Book in acknowledgment of the said Debt, under the Penalty of losing the Money for the Whole of the Liquor so credited; and in Action Brought for the Recovery of such Debt, the General Issue may be pleaded, and this Act given in Evidence.

XV. And be it further Enacted by the Authority aforesaid, That from and after the Passing this Act, all Keepers of Public Ferries or Bridges within this Province, where the Ferriage or Bridge Toll is above Four Pence, Proclamation Money, for a Man and Horse, shall be obliged to furnish all Travellers with Entertainment at Tavern Rates, and shall take out License for that Purpose; and if any Keeper of any such Public Ferry or Bridge shall refuse or neglect to furnish such Entertainment, or to take out such License such Ferry or Bridge Keeper shall forfeit and pay for each Offence the Sum of Ten Pounds, Proclamation Money, to any Person who shall sue for the same.

XVI. And to the End that Ordinaries, or Houses of Public Entertainment, may be the more readily and generally Known by Travellers and others; Be it therefore further Enacted, by the Authority aforesaid, That every Person who shall obtain a Licence agreeable to the Directions of this Act, from and after the First Day of March next, shall, within One Month after obtaining License as aforesaid, set up or cause to be set up in Public View, at his dwelling House, or the House where such Ordinary shall be kept, a Sign with an Inscription thereon, denoting the same to be an Ordinary, or House of Public Entertainment, under the Penalty of forfeiting Forty Shillings, Proclamation Money, for every Month the said Ordinary, or House of Entertainment, shall be kept, without having a Public Sign set up as aforesaid.

XVII. And be it further Enacted by the Authority aforesaid, That all the Penalties and Forfeitures in this Act, the Method of recovering and applying whereof are not particularly directed, shall be one Half to the Governor, or Commander in Chief for the Time Being, the other half to him or them who shall sue for the same; to be recovered with Costs, before any Jurisdiction having Cognizance thereof.

XVIII. And be it further Enacted by the Authority aforesaid, That all and every Act and Acts, and every Clause and Article thereof heretofore made, so far as relates to regulating Ordinaries and Restraint of Tippling Houses, or to any other Matter or Thing whatsoever, within the Purview of this Act, is, and are hereby repealed and made void, to all Intents and Purposes whatsoever.

CHAPTER IX.
An Act for regulating the Inspection of Tobacco, and preventing Frauds in his Majesty's Customs.

I. Whereas the Laws heretofore in Force, respecting the Inspecting of Tobacco in this Province, have been found ineffectual to answer the Purposes thereby intended;

II. Be it therefore enacted by the Governor, Council, and Assembly, and by the Authority of the same, That for the more effectual preventing the Exportation

-------------------- page 729 --------------------
of Trash, unsound, and unmerchantable Tobacco, all Tobaccos, which from and after the passing of this Act shall be exported out of this Province by Sea, shall be first brought to some one of the Public Warehouses herein after mentioned, and shall be viewed and inspected in Manner as herein after expressed.

III. And be it further Enacted by the Authority aforesaid, That no Person shall put on Board, or receive into any Ship, Sloop, Boat, or Pettiauger, or other Vessel, in order to be exported therein, any Tobacco not packed in Hogsheads or Casks, upon any Pretence whatsoever, nor in any Hogshead or Cask, to be in any Ship, Sloop, or other Vessel, exported out of this Province by Sea, before the same shall have been Viewed and inspected according to the Directions of this Act; but that all Tobacco whatsoever to be received or taken on Board any Ship, Sloop, or other Vessel, and to be therein exported, or carried or put on Board any other Ship, Sloop or other Vessel for Exportation as aforesaid, shall be received or taken on Board at the several Warehouses for that Purpose herein after Mentioned, or at some one of them, and at no other Place or Places whatsoever; and every Master, Mate or Boatswain who shall arrive in this Province in order to lade Tobacco during the Continuance of this Act, shall, before the said Ship or Vessel be permitted to take on Board any Tobacco whatsoever, make Oath before the Collector of the Customs of the District wherein such Ship or Vessel shall arrive (which Oath the said Officer is hereby Impowered and required to administer) that they will not permit any Tobacco whatsoever to be taken on Board their respective Ships or Vessels, except the same be packed in Hogsheads or Casks, stamped by some Inspector thereto legally appointed which Oath they shall subscribe in a Book to be kept by the Collector of the Customs for that Purpose; any if any Master shall cause any Person who is not really and Bona Fide Mate or Boatswain, to come on shore and take such Oath, he shall for the said Offence, forfeit and pay Twenty Pounds; And if any Master or Commander of any ship or Vessel shall take on Board, or suffer to be taken on Board, the Ship or Vessel whereof he is Master or Commander any Tobacco brought from any other Place than some or one of the Public Warehouses herein after mentioned, or any Hogshead or Casks, of Tobacco not stamped by some Lawful Inspector, or shall suffer to be brought on Board any Tobacco, except in Hogshead or Casks, stamped as aforesaid; every such Master or Commander shall forfeit and pay Twenty Pounds, Proclamation Money, for every Hogshead or Cask of Tobacco which shall not have been brought from one of the said Public Warehouses, or shall not be stamped as aforesaid; and moreover, every such Hogshead or Cask of Tobacco shall be forfeited.

IV. And forasmuch as the Permitting Tobacco in Bulk or Parcels to be Water born, on Pretence of being carried to Warehouses established by this Act, may give great Opportunity to the clandestine running the same on Board Ships or Vessels lying at or near the said Warehouses, whereby the evil of Exporting Trash Tobacco may be still continued; Be it further Enacted by the Authority aforesaid, That if any Person taking upon himself to carry any Tobacco to or from any of the said Warehouses, in his Sloop, Boat, or other Vessel, for Hire, shall presume to take on Board any Tobacco whatsoever in Bulk or Parcels, such Tobacco shall not be only Forfeited, and may be seized by any Person or Persons whatsoever, but the Master or Skipper offending herein, shall forfeit and pay Twenty Shillings for every Hundred Pounds Weight of such Tobacco, and so in Proportion to a greater or lesser Quantity; and the Master or Commander of any Ship or Vessel, wherein any Tobacco in Bulk or Parcels shall be found, shall, over and

-------------------- page 730 --------------------
above the forfeiture thereof, be subject and liable to the same Penalty; to be recovered if it does not exceed Forty Shillings, before any Justice of the Peace of any County near the Place where such Vessel shall lie; and if it exceeds Forty Shillings, in any Court of Record, by Action of Debt, wherein the Plaintiff shall recover his Costs; And if any such Vessel be under the care and Management of a Servant who cannot satisfy and pay the said Penalty then such Servant shall, upon Conviction thereof made before any Justice of the Peace, have and receive, by Order of such Justice, Thirty Nine Lashes well laid on; and if any Servant shall again be trusted with the Care and Management of any Sloop, Boat, or other Vessel, and shall be convicted a second Time of taking or receiving on Board the same, any Tobacco in Bulk or Parcels, contrary to the Directions of this Act, the Owner of such Servant shall forfeit and Pay the like Sum of Twenty Shillings for every Hundred Pounds Weight of such Tobacco; and shall also forfeit and pay Five Shillings for every Day such Servant shall thereafter be employed as Skipper of any Sloop, Boat, or other Vessel to him belonging; to be recovered and applied as aforesaid.

V. Provided always, That nothing herein before contained shall be construed to prohibit any Person from carrying, or causing to be carried to the said Warehouses, in any Boat or other Vessel, Tobacco in Bulk or Parcels, for the Payment of his or her Taxes, Dues, or Duties.

VI. And be it further Enacted by the Authority aforesaid, That every Master of a Ship or Vessel wherein Tobacco shall be laden to be exported, shall at the Time of clearing, deliver to the Collector Two fair Manifests of all the Tobacco on Board the said Ship or Vessel, expressing the Marks and Numbers of every Hogshead, and the Tare and Nett weight stamped thereon, the Person by whom shipped and from what Ware house, and shall make Oath thereto, and that the same is a Just and true Account of the Marks, Number, Tare and Nett weight, of each respective Hogshead, as the same was taken down by the Person or Persons appointed by him to take the same, before the said Tobacco was stored away; and no Ship or vessel shall be cleared by the Collector, before he shall have received such Lists or Manifests; one of which said Manifests shall by the said Collector be annexed to such Master's Certificate or Clearance, to the End the same may be delivered to the Chief Officer of the Customs in such Port or Place where the said Vessel shall unlade; and the other of the said Manifests shall, by the said Collector, be transmitted to the said Chief Officer of the Customs by the next convenient Opportunity.

VII. And be it further Enacted, That if the Skipper of any Sloop, Boat, Pettiauger, or other Vessel, or other Person or Persons to whom the care and Management thereof shall be intrusted, shall put on Board any Ship or other Vessel to be Exported as herein before Mentioned, any Hogshead, Casks, or Package of Tobacco, put on Board the same to be carried to any Public Warehouse by this Act appointed for the Reception and Inspection of Tobacco, so as the same be not delivered at some one of the Public Warehouses, without Fraud or Embezzlement; or shall open any Hogsheads of Tobacco before the same be viewed by the Inspectors, according to the Directions of this Act; or after the same has been viewed, shall fraudulently open any Hogshead or Cask, and take thereout any Tobacco; every such Offence shall be adjudged Felony, and the Offender or Offenders shall suffer as in Cases of Felony.

VIII. Provided always, That nothing herein contained shall be construed to prohibit the Putting on Board any Ship or other Sea Vessel, any Hogshead, Cask, or Package of Tobacco, out of any Sloop, Boat, or other Vessel

-------------------- page 731 --------------------
which by Distress of Weather shall be forced aground, or become leaky, so as such putting on Board any Sea Vessel shall be really and Bona Fide for the Preservation of the Tobacco laden in such Sloop, Boat, or other Vessel; and that the same be, with all convenient Speed, carried thereafter to the Warehouse to which it was designed, without Imbezzlement.

IX. Provided also, That if by the Accident aforesaid, or the Negligence of the Master or Skipper of any Vessel, any Tobacco which hath been viewed and stamped shall, in its Carriage to the Ship in which it is intended to be exported, receive so much Damage as that the Master of such Ship will not receive it on Board, every Hogshead or Cask of Tobacco so damnified shall, with all convenient Speed be carried to some Warehouse appointed by this Act, and there lodged until the Owner of the said Tobacco, or Master of the Vessel in which it was Damaged, shall have separated the same, and repacked the Good Tobacco, and then the same shall be weighed and stamped with the weight by the Inspectors attending such Warehouse, without Fee or Reward; but if the Owner of such Tobacco, or Master of the Vessel in which it was, fail or delay to separate and repack the same within Ten Days, then the Inspectors at the Warehouse where such Damaged Tobacco shall be landed shall, and they are hereby required and enjoined, to separate, repack, Stamp and weigh the same; and such Inspectors shall have and receive of the Owner of such Tobacco, Five Shillings for each Hogshead or Cask of Tobacco, to be paid by such Owner, before the said Tobacco shall be delivered out for Exportation.

X. Be it further Enacted, by the Authority aforesaid, That all Tobacco which shall be brought to any of the Public Warehouses herein after mentioned, shall be viewed and inspected by Two Persons to be thereto appointed in Manner following, that is to say: The Courts of the several Counties within this Province, wherein any of the Public Warehouses appointed by this Act are established, shall and may, and they are hereby required, once in every Year, between the First Day of March and the last Day of August, yearly, to nominate and appoint, for each of the Public Warehouses within their Counties, Two fit and able Officers of Inspection, reputed to be skillful in Tobacco, for the Office of Inspectors; which Nomination and Appointment the said Courts shall cause to be entered upon Record, which shall be a sufficient Appointment of such Officers; and also in Case of the Death, Resignation, or Removal of any Inspector, the said Court shall and may nominate and appoint another to succeed him, until the next Nomination of Inspectors.

XI. And be it further Enacted, That if any Inspector shall hereafter accept, receive, or take, directly or indirectly, any Fee, Gratuity, Service, or Reward whatsoever, of any Person for resigning or giving up his Office of Inspector, he shall not only be disabled for ever from holding the like Office, but for such Offence shall forfeit and pay the Sum of Fifty Pounds, Proclamation Money; to be recovered by Action of Debt, in any Court where the same is cognizable: And every Person offering and Paying, directly or indirectly, any Fee, Service, Gratuity, or Reward whatsoever, to any Inspector, to resign his Office, shall, for the said Offence, be for ever disabled from holding the Office of Inspector within this Province.

XII. Provided always, That no Justice of the Peace, being Inspector or recommended to be such, shall be allowed to vote in the Nomination and appointement of Persons to be Inspectors as aforesaid.

XIII. Provided also, That every Person appointed, or to be appointed as Inspector, by Virtue of this Act, shall, before he enters upon the Execution of his said Office, enter into Bond, with good Security, in the Penalty of

-------------------- page 732 --------------------
Five Hundred Pounds, Proclamation Money, payable to his Majesty, his Heirs and Successors, with Condition for the True and faithful Performance of his Duty, according to the Directions of this Act; and shall also have the following Oath administered to him to-wit:

You shall swear, That you will diligently and carefully view and examine all Tobacco brought to any Public Warehouse, whereof you are appointed to be Inspector, and all other Tobacco which you shall be called upon to view and inspect; and that not separate and apart from your Fellow, but in his Presence; and that you will not receive any Tobacco that is not in your Judgment sound, well conditioned, merchantable, and clear of Trash; nor receive, pass, or stamp, any Tobacco Hogshead, or Cask of Tobacco, prohibited by an Act of Assembly, intituled, An Act for regulating the Inspection of Tobacco, and preventing Frauds in his Majesty's Customs; and that you will not change, alter, or give out any Tobacco, other than such Hogshead or Cask for which the Receipt to be taken in was give; but that you will in all things well and Faithfully discharge your Duty in the Office of an Inspector according to the Directions of the said Act, without Fear, Favour, Affection, Malice, or Partiality. So Help You God.

Which Oath shall and may be administered before the Inferior Court of the County wherein such Inspector shall reside: And if any Person shall Presume to execute the Office of Inspector before he shall have given such Bond, and taken such Oath as aforesaid, he shall forfeit and pay Fifty Pounds, Proclamation Money.

XIV. And be it further Enacted, That all Inspectors to be appointed in Virtue of this Act, shall constantly attend their Duty at their Warehouse under their Charge, from the Tenth Day of October to the Tenth Day of July, yearly, unless otherwise directed by the Inferior Court of the County; and at other Times they, or one of them, shall attend to deliver out Tobacco for Exportation till all the Tobacco remaining there on the said Tenth Day of July shall be delivered out; and every Inspector neglecting to attend as aforesaid (except as before excepted) shall forfeit and pay to the Party grieved Five Shillings for every Neglect, or shall be liable to the Action upon the Case of the Party grieved, to recover such Damages as he or she shall have thereby sustained, together with his or her full Costs, at the Election of such Party: And all Inspectors shall uncase and break every Hogshead and Cask of Tobacco brought to them to be inspected as aforesaid; and if they shall agree that the same is good, sound, and well Conditioned, merchantable, and clear of Trash, then such Tobacco shall be weighed in Scales, with weights of the lawful Standard; and the Hogshead or Cask shall be stamped and marked, in the presence of the said Inspectors, or one of them, with the Name of the Warehouse, and also the Tare of the Cask, and the Quantity of Nett Tobacco therein contained: But if the Two said Inspectors shall at any Time disagree concerning the quality of any Tobacco received by them, they shall, without delay, call from the nearest Inspection another Inspector, who shall determine the difference and pass or reject such Tobacco: And where any Inspector shall happen to be sick, or unable to attend his Duty, in that Case it shall be lawful for any Inspector at any other Warehouse to view, inspect, and pass Tobacco in his Room: And when any Inspector shall bring his own Tobacco to the Warehouse whereof he is Inspector, the same shall not be passed or stamped until it be first Examined, and found qualified and good as aforesaid, by the other Inspector there attending, and one or both Inspectors from some other Warehouse, as the Case may require.

XV. And be it further Enacted by the Authority aforesaid, That it shall

-------------------- page 733 --------------------
and may be lawful for any Magistrate of the County wherein any Person appointed to the Office of Inspector shall happen to die, be removed, or otherwise disabled to act in the said Office, on Application Made, to issue a Summons to any Two other Justices of the said County; who, together with himself, or any Two of them, shall, and they are hereby authorized and required, to nominate and appoint one other Person to officiate as Inspector, in the Room of the Inspector so dead or disabled as aforesaid; which said Inspector shall be under the like Rules and Restrictions as other Inspectors appointed by the Court; which said Inspector shall continue to execute the said Office until the Court of the said County shall make further appointment, or till the Disability of the former Inspector be removed, as the Case may be.

XVI. And be it further Enacted, That for all such Tobacco as shall be brought to any of the said Warehouses, the Inspectors thereof, after having inspected and weighed the same, shall be obliged to deliver to the Person bringing the same, as many Promissory Notes, under their Hands, as shall be required, for the full quantity of Tobacco received by them; in which shall be expressed, whether the Tobacco so received be sweet scented, or Oronoke, stemmed or leaf; which Notes shall bear Date the Day such Tobacco was passed, and shall be, and are hereby declared to be current in Tobacco, Payments, according to the Species expressed in such Notes, and shall be transferable from one to another in all such Payments, and shall be paid by the Inspectors who signed the same, upon Demand: And for every Hogshead of Tobacco brought to any Public Warehouse for the Discharge of any Public or Private Debt, in Good Cask, of such Dimensions as herein after expressed, there shall be allowed by the Inspector thereof, to the Person bringing the same, Three Shillings and Nine Pence for each Hogshead; and the Inspectors shall be, and they are hereby obliged, to make every Hogshead by them paid away, in Discharge of any such Notes by them given, to contain One Thousand Pounds of Nett Tobacco, at least; and for every such Hogshead of Tobacco by them paid away well lined and nailed, fit for shipping, there shall be paid by the Person receiving the same, Five Shillings for Inspecting, and Six Pence for Nails; which said Six Pence the said Inspectors shall and may retain in their own Hands, to reimburse them the Expence of providing Nails; and the Person demanding or receiving Tobacco in Discharge of Notes as aforesaid, shall allow the Inspectors Thirty Pounds of Tobacco for each Hogshead so received for the Cask; and Two Pounds of Tobacco for every Hundred contained in such Notes, and proportionably for a Greater or lesser Quantity, for Shrinkage and Wastage, if the said Tobacco be paid within two Months after the Date of the Note given for the same; and One Pound of Tobacco for every Hundred for every Month the same shall be unpaid after the said Allowance, so as such Allowance do not exceed in the Whole Six Pounds of Tobacco for every hundred: And if any Inspector or Inspectors by whom any such Notes shall be signed, shall refuse or delay to pay and satisfy the same when demanded, every Inspector so delaying or refusing, shall forfeit and pay to the Party Injured, double the Value of the Tobacco so delayed or refused to be paid; to be recovered with Costs in the Name of the Party Injured, in any Court within this Province, wherein the same is Cognizable, if the Note or Notes do exceed Two Hundred Pounds of Tobacco; and if the said Notes shall not exceed Two Hundred Pounds of Tobacco, then the Double Value as aforesaid may be recovered, before any Justice of the Peace for the County wherein the said Note or Notes ought to have been paid: And no Inspector or Inspectors shall receive, pass, or Pay away, any Hogshead or Hogsheads of

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Tobacco containing Leaf and Stemmed Tobacco in the same Hogshead.

XVII. And be it further Enacted by the Authority aforesaid, That all Tobacco brought to any of the said Warehouses in Hogsheads or Casks, to be exported as aforesaid, on Account, and for the Use of the Owner thereof, after the same shall have been viewed, passed, weighed, and stamped, as herein before directed, the said Inspectors shall deliver to the Owner of the same, as many Receipts signed as aforesaid, as shall be required, for the Number of Hogsheads so brought and stamped, expressing whether the same be sweet-scented or Oronoko, stemmed or Leaf; and there shall be paid to the Inspector or Inspectors there attending, Three Shillings for Inspecting and Stamping the same; and the Owners of the said Tobacco shall Provide Nails for the nailing thereof; and if any Inspector or Inspectors shall alter, change or deliver out any Hogshead or Cask of Tobacco, other than the same for which the Receipt to be taken in was given, such Inspector shall not only forfeit and pay the Double Value of such Tobacco so altered and changed, but he or they shall moreover forfeit his or their Bonds respectively given for the Due Execution of the said Office: And all Inspectors shall, and they are hereby obliged and required, to take in any Receipts by them given for Tobacco; and after having weighed such Tobacco, to give Transfer Notes for the same, with an Allowance of Three Shillings and Nine Pence for the Cask.

XVIII. And be it further Enacted, That during the continuance of this Act, no Tender of any Debt or Duty, payable in Tobacco, shall be accounted lawful, unless the same be tendered in Inspectors Notes or Receipts; nor shall any Crop Notes or Receipts of an Older Date than Eighteen Months, be a Lawful Tender in any Case whatsoever.

XIX. And for the restraining the undue Practice of mixing Trash with stemmed Tobacco, and preventing the packing of Tobacco in unsizable Casks; Be it Enacted and declared, That all Stemmed Tobacco not laid Straight, whether the same be packed loose or in Bundles, shall be accounted unlawful; and that no Tobacco packed in hogsheads, which exceed Four Feet in the length of the stave, or Thirty Inches across the Head within the Croze, allowing Two Inches at the prizing Head, shall be passed or received; but the owner of such Tobacco packed in Casks of greater Dimensions than before expressed, shall be obliged to repack the same into sizable Casks, at his own Costs and Charges, before the same be received and stamped by the said Inspectors.

XX. And be it further Enacted, That when any Tobacco shall be brought to any public Warehouse, and refused by the Inspectors there officiating the same shall be immediately burnt by them, unless the Owner or Person bringing the same, desires to sort and separate it and pick out such as is bad; in which Case the Inspectors shall permit the same to be done at the Warehouse, without Fee or Reward; but shall not on any Pretence, suffer the said Tobacco to be removed from the said Warehouse; and the Inspectors shall allow one Month for picking the said Tobacco, after which Time if it be not done, it shall be lawful for them to burn the Whole (except the same is in a sweat, or where the Circumstances or Accidents of Weather prevent the Handling of it) in which Case, the Inspectors shall allow such further Time as they shall think reasonable; and where any Tobacco shall be so separated and picked, the trash Tobacco shall be burnt by the Inspectors the same Day it is picked out, under Penalty of forfeiting Five Shillings for every Failure; to be recovered by a Warrant from a Justice, to the Use of the Informer And if any Tobacco packed in Cask by an Overseer, or the Hands under his Care, shall be burnt by the Inspectors, by Reason of its

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being bad, unsound or not in good condition, the Overseer who had the Care of making and packing the same, shall bear the Loss of the Tobacco so burned. And if any Tobacco shall remain, undemanded, in the Public Warehouse, three Years after the same is inspected, the Inspectors of such Warehouse shall advertise a List of the Marks, Numbers and weights of such Tobacco at the Court of their County, Two Courts successively next after the expiration of the Three Years as aforesaid; and if no Owner appears to claim the same within that Time, the Court is hereby impowered and required to order the said Tobacco to be sold, publickly, at the Court House Door, on the last Days of the same Court, to the Highest Bidder; and the Money arising therefrom to be accounted for by the said Inspectors, and by the Court applied to the use of the County: And if any Person shall afterwards prove his Right to any Tobacco so sold, the Court shall repay such Person the Money for which the same was sold.

XXI. And to the End that the Just Quantity of Tobacco exported may be more exactly Known, and every evil practice to defraud his Majesty of his Customs prevented; Be it Enacted by the Authority aforesaid, That all Inspectors shall carefully enter in a Book, to be kept for that Purpose, the Marks, Numbers, Gross, Nett Weight and Tare of all Tobacco viewed and stamped by them as aforesaid and in what ship or vessel the same shall be laden or put on board; and shall also with every Vessel load of Tobacco, send a list of the Marks, Numbers, Gross nett Weight and Tare of every Hogshead of Tobacco then delivered, to be given to the Master of the Ship or other Vessel which the same shall be put on Board; And if the Tobacco delivered to the same Sloop, Boat, or Pettiauger, is intended to be put on Board several Vessels, then they shall deliver so many Distinct and several Lists as aforesaid, of the Hogsheads to be put on Board such Ships or Vessels, respectively; which Lists every Master of a Ship or Vessel is required to produce to, and lodge with the Collector of the Customs of the District where the Ship or Vessel whereof he is Master shall ride, or by whom he shall be cleared, some Time before her Clearance; But whereas it may happen that the Ship in which such Tobacco contained in such List cannot receive the same on Board, in such Case it may and shall be lawful to ship the said Tobacco, or any Part thereof, on Board any other Ship or Ships, where the Owner thereof shall think fit; the Master of such Ship endorsing on the said Lists the Marks and Numbers of the respective Hogsheads by them taken on Board, and giving Notice to the Inspectors of the Warehouses from whence the same was brought; or if there be no ship to receive the said Tobacco, then it shall be lawful for the Master of the first mentioned Ship or Vessel to put the said Tobacco into any Warehouse in the District where such Ship shall ride, giving Notice thereof to the Inspectors who stamped the same; and the Inspectors of that Warehouse where such Tobacco shall be landed shall give a Receipt for the same; and shall cause the said Tobacco to be safely lodged and delivered to the Order of the Owner whenever he shall think fit to ship it off, and that without Fee or Reward.

XXII. And be it further Enacted, That if any Person whatsoever shall Forge or Counterfeit the Stamp, Note, or Receipt of any Inspector, to tender in Payment any such Counterfeit or forged Note or Receipt, knowing it to be such; or export or cause to be exported, any Hogshead or Cask of Tobacco stamped with a forged or counterfeited Stamp; or demand Tobacco of any Inspector upon such Forged or counterfeited Note or Receipt, knowing such Note, Receipt or Stamp to be forged; or shall put or pack into any Hogshead or Cask of Tobacco, stamped by the said Inspector, any Tobacco

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whatsoever; or take out any Stave, Plank or Heading, so stamped as aforesaid, of any Hogshead or Cask of Tobacco, after such Hogshead or Cask of Tobacco shall be delivered out of any of the Public Warehouses aforesaid; every Person so offending, and being thereof convicted, by due Course of Law shall be adjudged a Felon, and suffer as in Cases of Felony.

XXIII. And be it further Enacted by the Authority aforesaid, That if any Inspectors Notes or Receipts be casually Lost, mislaid or destroyed, the Person or Persons entitled to the same shall make Oath before a Justice of the Peace of the County where the same is Payable, for what Quantity of Tobacco the same was given, that such Note or Receipt is lost, or mislaid or destroyed; and that he, she, or they, at the Time such Note or Receipt was lost, was lawfully entitled to receive the Tobacco therein mentioned; and upon producing a Certificate of such Oath to the Inspectors who signed the said Note or Receipt, and lodging the same with them, the said Inspectors shall, and are hereby required, to pay and deliver unto the Person producing such Certificate, the Tobacco for which any such Note was given, if the same or any Part thereof, shall not have been before by them paid by Virtue of the said Notes; and shall be thereby discharged from all Actions, Suits, or Demands, on Account of such Notes or Receipts; And if any Person shall be convicted of making a False Oath, or producing a Forged Certificate, in the Case aforesaid, knowing the same to be forged, he shall forfeit and pay the Sum of Twenty Shillings, for every Hundred Pounds Weight of Tobacco contained in such Certificate, recoverable before any Jurisdiction where the same is cognizable; and moreover upon Conviction, shall suffer as in Case of Willful Perjury.

XXIV. And be it further Enacted by the Authority aforesaid, That Public Warehouses for the Inspection of Tobacco, pursuant to this Act, shall be kept at the several Places herein after mentioned, that is to say; In Chowan at Edenton; in Hertford on Chowan River, where the Court shall appoint; in Northampton, at Jones's, and the Pitch Landing; in Halifax at the Town of Halifax; in Edgecomb at Tarborough; in Cumberland at Campleton; In Dobbs County at Dixon's, at Kingston, and Shepherd's; And there shall be paid to the Inspectors for attending at Halifax Inspection, Fifty Pounds, Proclamation Money, per Annum, each; and at all the other Places of Inspection above mentioned, the Salaries to the Inspectors shall be ascertained by the Inferior Court of the County in which the same are.

XXV. And be it further Enacted, That at all the said Warehouses, there shall be paid and allowed, for the Rent of the same, Eight Pence Proclamation Money, for every Hogshead of Tobacco that shall be received, inspected, and delivered out of such Warehouses, respectively.

XXVI. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the Justices of the respective County Courts, wherein any of the said Warehouses are appointed, and they are hereby required, if not already done, to value an Acre of Land, at every Place within their County, where Public Warehouses are by this Act appointed, and to agree with any Person or Persons, for erecting and building thereon, such Warehouses, Wharfs, and other Conveniences as shall be necessary and to take Bond with good Security, from such Person or Persons, for performing such Agreement; and the said Justices shall pay the Owner of the Land the Money at which the same shall be valued as aforesaid; and upon paying or tendering thereof, the Justices of the said County for the Time being shall, from thenceforth, have an Estate in Fee simple, in such Lands, during the Time such Place shall be made Use of for a Public Warehouse: And the said Justices shall, and are hereby impowered and authorized, to levy

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the charge and expence thereof upon the Inhabitants of their County; and shall take and receive the Rents of the Tobacco which shall be received and inspected at the said Warehouses in pursuance of this Act, for reimbursing the said County the Charge of purchasing the said Land, and building thereon; And where the Justices of any County Court have already built Warehouses on the Lands of another Person, by Virtue of any Law heretofore in Force, the said Justices shall, in like Manner be seized in Fee, of the Land upon which such Warehouses are built, so long as the said Places respectively shall be made use of for Public Warehouses; But if any of the said Places, whereon Warehouses are, or shall be by the Justices erected, shall hereafter happen to be discontinued, the Proprietor of the Land shall, from thenceforth, stand seized of his former Estate.

XXVII. Provided nevertheless, That nothing herein contained shall be construed to give Power to the said Justices to take away the House, Orchards, or other Immediate Conveniences, of any Proprietor of Land, for the Uses or Purposes aforesaid; And the Justices of the Peace of the several Counties wherein any of the said Warehouses are by this Act appointed within their County, shall, and are hereby declared to have full Power, to put in Execution so much of this Act as relates to building and erecting Public Warehouses, and to regulate all matters concerning the same; and to direct the rebuilding and repairing thereof, and other Conveniences, from Time to Time as to them shall seem necessary: And if upon Application of the Inspectors to their County Courts, for Building and Making other Necessary Houses, Wharfs and Repairs, such County Courts shall refuse or fail to do their Duty therein, every such Justice so refusing or failing, shall forfeit and pay Five Pounds Proclamation Money; to be recovered before any Jurisdiction having Cognizance thereof, with Costs, by Action of Debt or Information, against such Justices jointly.

XXVIII. And be it further Enacted, That if any of the Warehouses herein before Mentioned shall happen to be burnt by Accident, the Value of the Tobacco so Burnt shall be paid to the Persons injured by the several Counties wherein the same was made, and be levied by the several County Courts thereof, at the Time of laying their County Levy, next after such Loss happened; And in Case of such Accidents, no Inspector shall be sued or Molested by Reason of any Promissory Notes or Receipts by them given for any Tobacco so Burnt, but the same shall altogether be discharged; any Thing herein contained, to the contrary, notwithstanding.

XXIX. And be it further Enacted by the Authority aforesaid, That there shall be kept at each of the said Warehouses herein before Mentioned, and at all others to be hereafter appointed, a good and sufficient Pair of Scales, with weights, to weigh Twelve Hundred Pounds at least; and where the same shall at any Time be wanting, the Justices of the respective County Courts may, and are hereby directed to provide the same, at the Expence of their respective Counties; And the Inspectors of each respective Warehouse shall, once a Year at least, apply to the Keeper of the Public Standard, and by the same examine and try the said Scales and Weights, and adjust the same; and if the said Inspectors shall neglect or refuse to do, he or they so neglecting or refusing, shall forfeit and Pay the Sum of Twenty Shillings, Proclamation Money, and the Charge of amending and repairing the said Scales and Weights; and also for removing the Standards for trying the same, shall be allowed to the said Inspectors in their Account with the Court.

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XXX. And be it further Enacted, That any Justice of the Peace of any County, near the Place where any Ship or other Vessel shall ride, upon Complaint made to him by any Person that suspects any Tobacoc to be put on Board such Ship or other Vessel in Hogsheads, Casks, or Packages, or in Bulk or Parcels, in order to be shipped off and exported as aforesaid, without being inspected, shall, and is hereby required, to issue his Warrant, directed to the Sheriff, Under Sheriff, or Constable of his County; and the Sheriff, Under Sheriff or Constable, shall have full Power and Authority, and he is hereby required, to enter and go on Board such Ship or other Vessel, to search for and seize such Tobacco; and the same so seized shall be brought on Shore, and be carried before the same or any other Justice, who shall Cause the same to be immediately Burnt by such Sheriff or other Officer; And if the Master or Commanding Officer of any Ship or Vessel, or any other Person Whatsoever, shall resist the Sheriff or other Officer, in the Execution of any such Warrant, every such Master or Commanding Officer shall forfeit and Pay the Sum of Fifty Pounds, Proclamation Money; and every Skipper, Sailor, or other Person so resisting, shall forfeit and pay the Sum of Ten Pounds like Money: And in Case any Action shall be brought against any of the said Officers, for doing any Thing in Execution of this Act, the Defendant may plead the General Issue, and give this Act in Evidence; and if the Plaintiff shall be non-suited, or Judgment pass against him, upon a Verdict or Demurrer, the Defendant shall recover Double Costs.

XXXI. And be it further Enacted by the Authority aforesaid, That no Person taking upon himself the Office of Inspector, shall, during his Continuance therein, or within One Year after, be capable of being elected a Member of the House of Assembly; nor shall directly or indirectly, by Himself or any other Person, buy or Receive, by way of Barter, loan or exchange, any Tobacco whatsoever; under the Penalty of Forfeiting Twenty Shillings, Proclamation Money, for every Hundred Weight of Tobacco so Bought or received.

XXXII. Provided always, That nothing herein contained shall be construed to hinder any Inspector from receiving his Rents in Tobacco, which shall have been first viewed, examined and stamped, according to the Directions of this Act.

XXXIII. And be it further Enacted by the Authority aforesaid, That no Inspector shall take, accept, or receive, directly or indirectly, any Fee, Gratuity or Reward, for any Thing by him to be done by Virtue of this Act, other than the Salary and other Allowances herein before Mentioned; under the Penalty of Fifty Pounds, Proclamation Money; to be recovered with Costs, by any Person who shall sue for the same, by Action of Debt, Bill, Plaint, or Information, in any Court of Record having Cognizance thereof and moreover shall be disabled from holding the said Office during the Continuance of this Act; And the Person or Persons giving or offering any such Bribe, shall in like manner forfeit and pay the Sum of Five Pounds Like Money; one half to the Informer and the other Half to our Sovereign Lord the King, for supporting the contingent Charges of this Province.

XXXIV. And be it further Enacted, That when any Person shall be entitled to receive any Hogshead of Tobacco, by Virtue of any Inspectors Notes or Receipts, the Inspectors shall be obliged to open the Hogshead, and shew such Tobacco to the Person demanding the same, if required, whether the same be Crop or Transfer; and if such Person shall refuse to accept of the Tobacco offered or tendered him in Payment, as bad, unsound and unmerchantable, such Person so refusing, shall make immediate application to any Three Justices, near or nearest, within the same County; and

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the said Three Justices shall take an Oath, before some other Justice of the said County (which Oath the said Justice is hereby impowered to administer) carefully to view and examine the said Tobacco, and to the Best of their Judgment pass or reject the same; and that they will therein do their Duty, according to their Judgment and Conscience, without Favor or Affection; Which said three Justices so sworn, are hereby directed and required to repair to the Warehouse where such Tobacco shall be offered, and carefully to view the same, in such Manner as they shall think fit; and if any Two of them shall judge the same unsound and Unmerchantable, to cause the same to be immediately burnt, without being Picked and separated: and for their trouble therein, the said Justices shall receive, and be paid by the Inspectors who offered the same in Payment, Five Shillings Proclamation Money each; but if by the said Justices the said Tobacco so tendered in Payment shall be adjudged Good and Merchantable, according to the Directions of this Act the said Justices shall be paid by the Party desiring such View, Five Shillings as aforesaid; And when any Tobacco shall be tendered or Offered in Payment by any Inspector, and refused, the said Inspector shall not be at liberty to, tender or offer in Payment, nor the Person demanding the same to receive any Tobacco in lieu thereof, before or after the same shall have been viewed as aforesaid; but the Person refusing shall immediately Mark the same; And if any Inspector shall offer or tender in Payment, any Tobacco in Lieu of the Tobacco so refused, before the same shall have been Viewed as aforesaid, or shall not produce the same Tobacco so refused to the said Justices, in either Case, it shall be taken for a Conviction, that the said Tobacco first tendered was bad and Unmerchantable; and moreover the said Inspectors shall forfeit and Pay Ten Pounds for every such Offence; And every Person accepting any Hogshead of Tobacco in lieu of Tobacco so refused, before the same shall be viewed as aforesaid, shall forfeit and pay Ten Pounds for every such Offence.

XXXV. And be it further Enacted, That when any New Inspector shall be appointed at any of the said Warehouses, such New Inspector or Inspectors shall, and they are hereby required, to give to the Person or Persons whom they shall succeed, a Receipt, with His or their Hands subscribed, containing the Number, Marks, Tare, Gross, and Nett Weight, of every Hogshead of Tobacco which shall be then at the said Warehouse; and shall be thenceforth charged with the Delivery and Payment thereof; but shall not be accountable for the Loss of weight or Quality of Tobacco therein contained; And all Inspectors delivering out any Tobacco in Discharge of such Notes, shall be, from thence forth, discharged and acquitted thereof, or any Thing relating thereto; any thing herein contained to the Contrary notwithstanding.

And when any Light Crop of Tobacco shall be hereafter brought to any of the said Warehouses, the said Inspectors, if required, shall permit the Owner, or other Person, to make Use of one or More of their Prizes, for the Repacking and Prizing the same, without Fee or Reward: And for all Tobacco repacked or prized by the Owner, there shall be paid to the Inspectors thereof, Three Shillings for stamping; And for all Tobacco repacked and reprized by the Inspectors, Five Shillings for each Hogshead; and also Six Pence for Nails; unless the Proprietor shall provide them. And no Inspector shall take or Convert to his Own Use, or otherwise dispose of any Draughts or Samples of Tobacco; but the same (if fit to pass) shall be put again into the Hogshead out of which it was taken; under the Penalty of Twenty Shillings for every Draught so converted; to be recovered before any Justice of the Peace for the County wherein such Offence was committed; And all Inspectors, when required, shall be obliged to prize any

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Hogshead of Tobacco under One Thousand Weight, so as to make it up that weight; and shall receive the same Fee therefor, as for Transfer Tobacco, and make lawful Abatement for the Tobacco prized in; and the said Inspectors, for all Tobacco by them Passed, shall give a Note as aforesaid, in the Name of the Owner, and of no other Person whatsoever.

XXXVI. And be it further Enacted, That the Owner of any Transfer Notes may, at any Time before the First Day of October, in every Year, receive and mark Hogsheads of Tobacco, for satisfying such Notes; and the Inspectors shall take in their Former Notes; and deliver Crop Notes for the same, and shall be answerable for the safe Keeping thereof; and the Inspectors thereof shall be entitled to receive Five Shillings and Six Pence for the Inspection thereof, and finding Nails; Two Shillings and Six Pence Down, and Three Shillings when the said Tobacco shall be delivered; And the Inspectors shall, at the Court to be held for their County next after the First Day of October; Yearly, lay before the Court an Account, on Oath, of all Transfer Notes that were not by them Taken in before the said First Day of October; and after such Accounts so exhibited, shall sell the Tobacco in such Notes contained, deducting for Shrinkage and Wastage, at Public Auction, before the Door of the Court House, between the Hours of Twelve and Three; and the Inspectors shall pay the Money arising by such Sale, in Satisfaction of their said Notes, from Time to Time, to the Proprietors demanding the same, And all Inspectors in the said Accounts, shall account for all Tobacco gained or saved, upon the Allowance of Shrinkage or Transfer Tobacco, in the same Manner as before directed; and shall account with the Court for the Money received for such Tobacco so gained, in their Yearly Account.

XXXVII. And be it further Enacted, That all Inspectors shall, Annually, at the next Court held for their County after the first Day of October, account with the said Court, upon Oath, for all Monies by them received by Virtue of this Act (except for Nails) in which Account, they shall be allowed their Salaries, and other necessary Disbursements, in Pursuance of this Act.

XXXVIII. And be it further Enacted by the Authority aforesaid, That any Two Justices of the Peace, shall have full Power to hear all Complaints against any Inspectors within their County, and to take Depositions of Witnesses on both Sides; which they shall transmit to their County Court for their Determination; and also to visit all Warehouses within their Counties and certify all Neglects and Breaches of Duty in Inspectors, unto their said Court; And all Inspectors so found Guilty of a Breach of Duty or Neglect, he or they shall be forever removed from the said Office; and moreover shall pay unto the Informer or Prosecutor, his full Costs; and be further liable to the Action of the Party endamaged by such neglect.

XXXIX. And be it further Enacted, That all Penalties and Forfeitures in this Act Contained, and not hereinbefore particularly appropriated, shall be, one Half to our Lord the King; to be applied towards defraying the Charges of the Execution of this Act, and the other Half to the Person who shall inform or sue for the same; to be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record having Cognizance thereof; except where the said Forfeiture shall not exceed Forty Shillings; and in such Case, the same may be recovered by Warrant before any Justice of the Peace.

XL. And be it further Enacted, That when any Action shall be Commenced or Prosecuted against any seafaring Person, founded on this Act, such Person shall be compelled to give Bail to the Sheriff, or other Officer, as if such Action had been founded on a Contract; and shall not be admitted

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to appear and Plead until Bail be so given; any Law, Usage, or Custom to the Contrary notwithstanding.

XLI. And be it further Enacted, That the Inspectors of the several Ware Houses, so often as need shall require, shall appoint one or more Picker or Pickers; who, before entering on the Execution of their said Office, shall take the following Oath; which any Justice of the Peace may administer to-wit: You shall swear that you will well and faithfully pick and separate all such Tobacco as shall be tendered you for that Purpose, at the Warehouse where you are appointed Picker; that you will not demand or receive any other or greater Allowance for your services as Picker, than those directed by Law; and that you will honestly demean yourself in your said Office, and execute the same without Favor, Affection, or Partiality, So Help You God.

And such Picker so appointed and sworn, shall and may take and receive One Shilling and Eight Pence for every Carted Hogshead; and Three Shillings for every rolled Hogshead which he shall open and bring to view; and one Eighth part of all Tobacco he shall save for the Owner in picking; and no more or other Allowance whatever.

XLII. And be it further Enacted That all and every Act and Acts heretofore made, concerning the Inspection of Tobacco within this Province, shall be, and they are hence forth repealed and made void; and that this Act, and every Part thereof, shall be and continue in Force, for and during the Term of Seven Years, and no longer.

CHAPTER X.
An Act for establishing Public Warehouses in the Towns of Halifax and Campbleton, for the Inspection of Hemp and Flax.

I. Whereas it has been represented to this Assembly, that there are no Public Warehouses in the Towns of Halifax and Campbleton, for the safe Keeping of Hemp and Flax inspected at those Places; and that it would be greatly beneficial to the Merchants and Planters in those Parts of the Province, that Warehouses should be erected for that Purpose:

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That it shall and may be lawful for the Justices of the Inferior Courts for the Counties of Halifax and Cumberland, and they are hereby required, at their first Sitting after the passing of this Act, to agree with any Person or Persons, for erecting and building in the Town of Halifax, on the Lots where the Tobacco Warehouses now stand; and in the Town of Campbleton, such a Warehouse in each, and other conveniences as shall be necessary; and to take Bond, with good Security, from each Undertaker of such Buildings, for performing such agreement; and shall provide and keep at each of the said Warehouses, a good and sufficient Pair of Scales and Weights to weigh Six Hundred Weight at least, and also a Sufficient Number of Prizes and Screws; and the said Justices shall, and they are hereby authorized to levy the Expence thereof upon the Inhabitants of their respective Counties; and shall take and receive the Rent of the Hemp and Flax which shall be received and inspected at the said Warehouses in pursuance of this Act, for reimbursing the said Counties the Charge of building the said Warehouses and other conveniences.

III. And be it further Enacted, That the said Justices shall, once in every Year, at their Court next after the First Day of October, nominate and appoint one fit and able Person, skilful in Hemp and Flax, for the Office of

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Inspector at each of the said Warehouses; and in case of his Death or Sickness, or being otherwise disabled from attending his Duty in that Office any Three Justices of the County where such Disability happens, shall and may nominate and appoint another to supply the Place of such Inspector, if dead, until the next Nomination of Inspectors; and if sick or otherwise disabled, to attend until such Sickness, or other Disability, is removed; every of which said Inspectors, appointed by Virtue of this Act, shall before they enter upon the Execution of their said Office, enter into Bond with good Security, in the Penalty of Five Hundred Pounds Proclamation Money; payable to his Majesty, his Heirs and Successors; with Condition for the True and Faithful Performance of their Duty, according to the Directions of this Act; and shall take the following Oath: (a) Which Oath shall and may be taken before the Inferior Court of the County, or Justices appointing such Inspector; And if any Person shall presume to execute the said office of Inspector before he shall have given such Bond, and taken such Oath as aforesaid, he shall forfeit and pay One Hundred Pounds, Proclamation Money; to be recovered by Action of Debt, in the Superior Court for that District; one Half of such Forfeiture to be paid to any Person that will sue for the same, and the other Half to be applied towards lessening the County Tax of the County where the Offence shall be committed.

IV. And be it further Enacted, That every Inspector, appointed by Virtue of this Act, shall constantly attend his Duty at his said Warehouse, from the First Day of November to the First Day of January; and from the First Day of March to the First Day of May, yearly; and afterwards attend to deliver out Hemp or Flax for Exportation, until all the Hemp or Flax remaining there on the first Day of May shall be delivered; and for every neglect, shall be liable to the Action on the Case of the Party grieved, for the Damages he may sustain by reason of such Neglect, and Costs of Suit: And for all Hemp or Flax by him inspected and passed at such Warehouse, he shall deliver to the Party bringing the same, a Promissory Note or Notes, under his Hand, for the full Quantity of Hemp or Flax by him received; in which shall be expressed the Weight of the Hemp or Flax; in Hundreds, Quarters and Pounds, reckoning one Hundred and Twelve Pounds to the Hundred; and in what County and Province the same was cultivated, and whether the same be Dew or Water rotted; which Notes shall bear Date the same Day it is Inspected and Passed, and be transferable from one Person to another, in the same Manner as Notes for tobacco are, by the Custom of this Province, and shall be payable by such Inspector, in Bales and Bundles, when demanded, not exceeding Six Hundred in a Bale; so that such Demand be not made in not less than Eight Days after the Date thereof; Which Bales shall be well prized and bound sufficiently, with not less than Nine Thread Rope; and for every such Bale or Bundle by him paid away in Discharge of any such Notes by him given, there shall be paid by the Person receiving the same, for every Hundred Weight contained therein, the Sum of Four Pence for Warehouse Rent, One Shilling for Inspection, and Ten Pence for Prizing and Rope; which said Sum of Four Pence, for Warehouse Rent, shall be paid annually, by the Inspector to the Justices of his County: And if any Inspector, by whom such Promissory shall be signed, shall refuse or delay to pay or satisfy the same, when demanded as aforesaid, such Inspector so delaying or refusing shall forfeit and pay, to the Party injured, double the Value of the said Hemp or Flax; to be recovered, with Costs, in any Court wherein the same is Cognizable.

V. And be it further Enacted, by the Authority aforesaid, That every Person who shall counterfeit or forge the Promissory Note of such Inspector,

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or offer for Sale any such Counterfeit or forged Note; or demand any Hemp or Flax of such Inspector upon any such Counterfeited or forged Notes, knowing them to be such, and being thereof convicted by due Course of Law shall be adjudged a Felon, and shall suffer as in Cases of Felony.

VI. And be it further Enacted, by the Authority aforesaid, That if any Inspectors Notes or Receipts be casually lost, mislaid or destroyed, the Person or Persons entitled to receive the Hemp or Flax by Virtue of any such Note or Receipt, shall make Oath before a Justice of the Peace of the County where the same is payable, to the Number or Date of every such Note or Receipt, to whom and where Payable, and for what Quantity of Hemp or Flax the same was given, and that such Note or Receipt was lost, Mislaid, or destroyed, and that he, she, or they, at the Time such Note was lost, mislaid, or destroyed, was lawfully entitled to receive the Hemp or Flax therein mentioned, and shall take a Certificate thereof from such Justice; and upon producing a Certificate of such Oath to the Inspector who signed such Note, and lodging the same with him, the Inspector shall, and is hereby required to pay and deliver to the Person obtaining such Certificate the Hemp or Flax for which such Notes or Receipts were given, if the same, or any Part shall not have been before by him paid by Virtue of the said Notes or Receipts, and shall be thereby discharged from all Actions, Suits and Demands, on Account of such Notes or Receipts; And if any Person shall be convicted of making a false Oath, or Producing Certificates in the Case aforesaid, knowing the same to be forged, he shall forfeit and pay Three Pounds for every Hundred and Twelve Pounds Weight of Hemp or Flax contained in such Certificate; recoverable before any Jurisdiction where the same is Cognizable; and moreover, upon Conviction, shall suffer as in Cases of Wilful and Corrupt Perjury.

VII. And be it further Enacted, That if either of the said Warehouses shall happen to be burnt by Accident, the loss sustained thereby shall be made good to the sufferers by the Counties in which the Hemp or Flax was cultivated, if in this Province; any Law or Usage, to the contrary, notwithstanding.

VIII. And whereas the Inspectors to be appointed by this Law are obliged to certify in the Notes by them to be given whether the Hemp by them received be Dew or Water rotted, and also in what County and Province the same was cultivated; Be it Enacted, That the said Inspectors shall have full Power and Authority before they deliver any such Note, to swear the Person or Persons bringing them any Hemp or Flax to be inspected, whether the same was Dew or water Rotted, and in what County or Province the same was cultivated; and upon Delivery for Exportation any Water rotted Hemp or Flax that may have been cultivated in this Province the said Inspectors shall deliver to the Persons receiving the same, a List or Manifest of such Hemp or Flax, under their Hands, mentioning where the same was cultivated, with the Number of Bales, and Weight of Each, and to whom delivered; which said Manifest having a Certificate on the Back thereof signed by the Collector and Naval Officer, certifying that Oath was made before them of such Hemp being exported from this Province, in what Vessel, at what Time, and by whom shipped, shall intitle the Person or Persons producing the same to the Bounty of Sixteen Shillings and Eight Pence, for every Hundred Weight of Hemp and Thirteen Shillings and Four Pence, for every Hundred Weight of Flax mentioned in such Manifest, to be paid by the Treasurers of this Province out of the Money in their Hands for Contingencies; and shall be allowed them in their Accounts,

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agreeable to an Act of Assembly, passed in the Year One Thousand Seven Hundred and Sixty Four, entitled, An Act for encouraging the Culture of Hemp and Flax, and other Purposes.

IX. And be it further Enacted, 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 XI.
An Act for building a Public Gaol, and Gaoler's House, for the District of New Bern, in the Town of New Bern. (a).

I. Whereas the Public Gaol for the District of New Bern was lately consumed by Fire, and it being necessary that a New Gaol should be erected in the said District;

II. Be it therefore Enacted by the Governor, Council, and Assembly, and it is hereby Enacted by the Authority of the same, That Jacob Blount, Thomas Clifford Howe, Richard Cogdell, Samuel Cornell, and John Hawkes, Esquires, be, and are hereby appointed Trustees, for designing, Contracting, Building, and finishing a good and sufficient Gaol, and Gaoler's House, of such Dimensions and Materials, on the Lot of Ground in Town of New Bern where the Public Gaol lately stood, as to them, or the Majority of them, or their Survivors, shall seem most Proper and Convenient; which Gaol and Gaoler's House, when so erected, shall be, continue, and remain, the Public Gaol, and Gaoler's House, of the several Counties within the District of New Bern aforesaid.

III. And be it further Enacted, by the Authority aforesaid, That there shall be levied on each and every Taxable person within the several Counties in the said District, Annually, for the Term of Three Years next after the passing of this Act, the respective Sums of Money following, to-wit, On each Taxable Person in the County of Craven, the Sum of Two Shillings, Proclamation Money; and on each Taxable Person within the Counties of Dobbs, Carteret, Pitt, Beaufort, and Hyde, the Sum of One Shilling and Four Pence, like Money; Which said Taxes shall, by the Sheriff of the respective Counties aforesaid for the Time Being, be collected in the same Manner, and under the same Penalties, for non-Payment thereof, as is directed by Law for the Collecting other Public Taxes; and the Monies arising therefrom, shall be accounted for and paid by the said several Sheriffs to the Trustees, or the Majority of Them, or their Survivors, as aforesaid, and by them be applied towards discharging the Contracts they shall enter into for the Buildings aforesaid.

IV. And be it further Enacted, by the Authority aforesaid, That if any Sheriff who shall be chargeable with any of the Taxes by this Act Assessed shall neglect to, account for, and pay to the Trustees aforesaid, or the Majority of them, or their Survivors, such Sums as he shall be chargeable with in Virtue of this Act, after deducting the usual Commissions for Collecting, and such Insolvents as shall be allowed for by the Court of his County; the said Trustees, or the Majority of them, or their Survivors, shall have the same Method of Proceeding against such Sheriff, by Motion, as is by Law directed against Sheriffs for not accounting for other Public Monies by them received.

V. And be it further Enacted, by the Authority aforesaid, That the Trustees or the Majority of Them, or their Survivors, shall immediately proceed

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to the Discharge of the Trust by this Act reposed in them; and shall cause the said Buildings to be finished within Two Years from the Passing of this Act; and shall immediately thereafter, lay an account of their Proceedings herein, upon Oath, of all Monies they shall receive and pay on Account of the said Buildings, before the Court of each of the Counties herein Named for their Approbation; and the Surplusage of the said Tax if any, shall be paid by them to the Justices of the said several Counties, in Proportion to the Number of Taxes collected in the said Counties respectively; to be applied towards the contingent Charges of the said Counties.

VI. And be it further Enacted, by the Authority aforesaid, That after such Gaol shall be erected, when any Person or Persons shall be apprehended for any Offence committed within the District aforesaid, it shall and may be lawful for the Magistrate or Magistrates before whom such Offender shall be examined, if he or they think it necessary, to commit such Offender to the aforesaid Gaol; and the Sheriff of the County for the Time being, where such Offender shall be apprehended, is hereby authorized and required to convey such Offender to the said Gaol, and deliver him or her to the Sheriff or Keeper thereof, and take a Receipt of such Sheriff or Keeper; which shall be his Discharge for such Prisoner.

VII. And be it further Enacted, by the Authority aforesaid, That after the said Gaol, and Gaoler's House, shall be built as aforesaid, the Sheriff of the County of Craven, for the Time Being, is hereby directed and required to employ some Person of Integrity to be Keeper of the said Gaol; who, during the Time any Person committed for a Capital Offence shall be in the said Gaol, shall constantly reside in the said Gaoler's House, and take all lawful Ways and Means for preventing the Escape of such Offender.

CHAPTER XII.
An Act to amend an Act, intituled, An Act for facilitating the Navigation of Port Bath, Port Roanoke, and Port Beaufort.

I. Whereas it is found, by experience, that the before Recited Act is insufficient to answer the Salutary Purposes intended.

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the following Taxes shall be paid by the Master or Owner of each and every Vessel that shall come in at the Inlets of Ocacock and Roanoke, and enter in the Port of Currituck, to the Collector of the said Port, that is to say: For every Vessel of Fifty Tons, or under, Ten Shillings; for every Vessel above Fifty Tons, and under One Hundred Tons, Twenty Shillings; and for every Vessel above One Hundred Tons, Thirty Shillings; to be applied towards defraying the Expence of erecting Stakes and Beacons in the District of Port Roanoke.

III. And be it further Enacted, by the Authority aforesaid, That the Collector of Port Currituck, for the Time being shall give Security, in the Sum of Three Hundred Pounds, to the Commissioners appointed by the before recited Act for Port Roanoke, 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 the said Collector shall refuse to give such Security, it is hereby Enacted, that the said Commissioners of Port Roanoke shall and may appoint another Receiver in his Place and Stead, who shall have full Power and Authority to receive the said Tax, giving Security to the said Commissioners.

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IV. And be it further Enacted by the Authority aforesaid, That the said Receiver of Port Currituck shall have full Power and Authority to go on Board any Vessel in his Port, 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.

V. And whereas the Taxes on Vessels in the before recited Act, for defraying the Expence of erecting Stakes and Beacons, are found, by Experience, to be insufficient; Be it therefore Enacted, by the Authority aforesaid, That the following Taxes shall be paid by the Master or Owner of each Vessel that shall enter into either of the Ports of Bath, Roanoke, and Beaufort, to the Collectors of the respective Ports, in lieu of those heretofore paid, that is to say; For every Vessel of Fifty Tons, or Under, Ten Shillings; for every Vessel above Fifty Tons, and under One Hundred Tons, Twenty Shillings; and for every Vessel above One Hundred Tons, Thirty Shillings.

VI. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act, no collector of either of the aforesaid 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; to be recovered and applied in the same Manner as is directed in the before recited Act.

VII. And whereas the Commissioners appointed by the before recited Act to lay off Twenty Acres of Land on the Island of Ocacock, for the use of the Pilots, have neglected to do the same in the Time limited in the said Act; Be it therefore Enacted, by the Authority aforesaid, That any Three or more of the Commissioners shall attend at Acacock Island, and value the same, on Oath, and pay the Valuation Money to the present Owner 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 Time of his Residence, and no longer; and the Commissioners or a 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 the 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 vested in the Commissioners for the Time Being, in Fee-Simple, to and for the Uses, Intents and Purposes, before mentioned.

CHAPTER XIII.
An Act concerning Idle and Dissolute Persons.

I. Whereas in several Parts of this Province there are Idle and Dissolute Persons, that frequently commit atrocious Crimes, such as stealing Horses, robbing Houses, and the like, to the great Injury of Honest and Industrious Inhabitants; and as such Persons are frequently Harboured, maintained and encouraged, by some House Keepers in this Province; For Remery whereof,

II. Be it Enacted by the Governor, Council and Assembly, and by the

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Authority of the same, That from and after the passing of this Act, no Person or Persons, whatsoever shall Harbour or maintain in or about his or their house or Plantation, or knowingly suffer to reside on their Land, any loose or disorderly Person, who has not any Visible Way of Maintenance, or is of a Dishonest Character, under the Penalty of Twenty Pounds, Proclamation Money, for every such Offence; to be recovered by Action of Debt, in the Inferior Court of the County where the Offence is committed; one Half of which sum shall be paid to the Person informing against such Offender, and the other Half to be applied to the Contingent Charges of the County; and such Offender shall be further liable to be bound over to appear at the next Superior Court of the District where such Offence is Committed, there to abide the Determination of the said Court.

III. And be it further Enacted, by the Authority aforesaid, That on an Information being made to any Magistrate in this Province, of any Person, or Persons, knowingly, entertaining, in or about his house or Plantation, or suffering to reside on their Land, such Loose or disorderly Person, that it shall and may be lawful for such Magistrate to issue his Warrant against such Offender, directed to any Lawful Officer within the County, commanding him to take the Body of such Offender or Offenders, and to bring him or them before him, or some other Magistrate of the County; and further, command the said Officer to summon such Witness or Witnesses as may be thought necessary for the conviction of such Offender; And on hearing and examining such Person or Persons, and the Witnesses so summoned, he shall, if it be requisite, bind such Person or Persons, to appear at the next Superior Court of the District, there to abide the Judgment of the said Court and he is likewise impowered and required to bind any Witness or Witnesses he may think necessary to such Person or Persons Conviction, to appear and give Testimony against him or them at the said Court; which Court, in Case of the Conviction of such Offender, shall proceed against him or them according to Law.

CHAPTER XIV.
An Act for destroying Crows and Squirrels in the several Counties therein Mentioned.

(Printed in Private Acts, post.)

CHAPTER XV.
An Act to impower the Justices of Currituck County to build a Prison, Pillory, and Stocks, in the said County, on the Lot whereon the Court House now stands, for the Use of the said County.

I. Whereas the Prison in the County of Currituck is in great Decay, and in so ruinous a Condition, that the Prisoners cannot be held or detained therein; Therefore,

II. Be it Enacted, by the Governor, Council and Assembly, and by the Authority of the same, That Joshua Campbell, John Woodhouse, and William Mackey, 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 Prison, Pillory, and Stocks, in and for the Use of the County aforesaid.

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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 Prison; and the money therefrom arising, to be expended and laid out towards the erecting the aforesaid Building, for the use of the County aforesaid.

IV. And be it further Enacted, by the Authority aforesaid, That a Poll Tax of Two Shillings be levied on each Taxable Person in the said County, for Three Years next ensuing; 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 said Commissioners, or the Majority of them; and shall by them be applied to defray and pay for the building and erecting the said Prison, Pillory and Stocks.

V. And be it further Enacted, by the Authority aforesaid, That the said Commissioners, after the building 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 Currituck; and the overplus (if any) to be applied towards lessening the County tax.

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

CHAPTER XVI.
An Act for appointing an Inspector for the great Island, opposite Wilmington in Brunswick County.

I. Whereas great quantities of Naval Stores, and other Merchandize, which require Inspection are landed on, and shipped from the great Island, opposite Wilmington, known by the name of Eagle's Island; and it is very Inconvenient for the Inspector of Brunswick County, from the great Distance of his Residence, to attend the Inspection thereof;

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the Inferior Court of Brunswick County are hereby authorized and required, at the next Court to be held for the said County after the passing of this Act, and in each succeeding Year, at the Time already appointed by Law, to choose a Fit and proper Person to be an Inspector for the said Island, called Eagle's Island; under the same Rules and Regulations, and subject to the same Penalties, as other Inspectors appointed in this Province are liable to; who shall have and receive, for all Commodities inspected by him, the same Fees which other Inspectors are by Law entitled to for the like Services.

III. And be it further Enacted, by the Authority aforesaid, That in Case the Inspector to be appointed by this Act should absent himself from, or not punctually attend the Duties of his Office, it shall and may be lawful for any Person or Persons, having Commodities to inspect, to apply to, the nearest Inspector appointed by law, in that or any other County; who is hereby impowered and required to inspect the same; and who shall have for his Trouble, the same Fees which the Inspector to be appointed by this Act would in that Case be entitled to receive.

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CHAPTER XVII.
An Act for establishing the Vestry elected for the Parish of St. Stephen, in Johnston County.

I. Whereas the Sheriff of Johnston County neglected to summons the Persons elected Vestrymen for the Parish of St. Stephen, in the said County, on Easter Monday last, to appear and qualify themselves within the Time by law limited and although the Persons so elected did qualify themselves, and proceed to parochial Business, yet some Disputes are likely to arise in Regard to the Legality of their Proceedings:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the Vestry elected on Easter Monday last, for the Parish of St. Stephen, in Johnston County, be, and is hereby established a legal Vestry; and the Qualification of the Members of the said Vestry and all their Acts, Orders and Proceedings, are hereby declared to be as good and Valid, to all Intents and Purposes, as the Acts, Orders, and Proceedings of any other Vestry.

CHAPTER XVIII.
An Act for Defraying the contingent Charges of Government. (a).

I. Whereas the several Taxes heretofore laid, for defraying the contingent Charges of Government, have ceased; and it being necessary that a Fund be established for that Purpose:

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That a Poll Tax of Two Shillings be levied on each Taxable Person in this Province, from and immediately after the ratification of this Act, for and during the Term of three Years; which Tax shall, by the several Sheriff's be collected, accounted for, and paid to the Public Treasurers in the same Manner and under the same Rules, Restrictions, and Penalties, as other Taxes are by Law to be acounted for and paid.

III. And be it further Enacted, That the Monies to be raised and paid into the Treasury in Virtue of this Act, shall, by the Public Treasurers respectively, be applied towards paying the Claims, Wages, and other Allowances made by the General Assembly of this Province.

CHAPTER XIX.
An Act to continue the Acts therein mentioned, for appointing a Militia.

(Printed in Private Acts, post.)

CHAPTER XX.
An Act to amend An Act entitled, An Act to encourage Persons to settle in the Town of Brunswick, on the South West Side of Cape Fear River.

I. Whereas the Commissioners of the Town of Brunswick, in the County of Brunswick, are mostly dead or removed out of the said Town; and those Few who are still living, and are residents therein, have neglected to appoint others in the Room of such Commissioners so dead or removed.

II. Be it Enacted by the Governor, Council, and Assembly, and it is hereby Enacted by the Authority of the same, That from and after the Passing

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of this Act, such of the Inhabitants of the said Town of Brunswick as are entitled to vote for a Representative to sit and vote in the General Assembly of this Province, are hereby authorized, impowered and required, to meet, annually, at the Court House in the said Town, on the First Tuesday of May next, and on the First Tuesday of May, in each succeeding Year, to choose Three Commissioners for the said Town, to serve for one Year, and the said Commissioners, or the Majority of them, or the Survivors of them so chosen, are hereby vested with, and declared to have the same Powers and authorities that any of the Commissioners of the said Town have heretofore had, used, exercised, or enjoyed, by Virtue of an Act of Assembly, entitled, An Act to encourage Persons to settle in the Town of Brunswick, on the South West Side of Cape Fear River; and further, the Commsisioners of the said Town are hereby authorized and impowered, to lay out Alleys, Streets, and Squares, in and through any Part of the said Town, which may be for the interest and Convenience of the Inhabitants thereof.

III. And be it further Enacted, by the Authority aforesaid, That every Clause and Part of the Act, entitled, An Act to encourage Persons to settle in the Town of Brunswick, on the South West Side of Cape Fear River, within the Purview of this Act, be, and is hereby henceforth repealed and made void.

CHAPTER XXI.
An Act for erecting in the Town of Salisbury, a Public Gaol, Pillory, and Stocks, for the District of Salisbury, in this Province. (a).

I. Whereas the Gaol formerly erected for the District of Salisbury, is found insufficient to secure the many Felons, and other Prisoners committed thereto; by which Means numbers of Loose and disorderly Persons are daily committing the most atrocious Crimes with Impunity; For Remedy whereof.

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the passing of this Act, John Frobock, Mathew Lock, and John Dunn, shall be, and they are hereby appointed and constituted Trustees, to design, Contract for, and cause to be built and finished a Substantial and Sufficient Gaol, of such Dimensions and Materials, and on such Part of the Lot as was granted by the Trustees of the said Town of Salisbury for that Purpose, whereon the Gaol now stands, as to them, or the Majority of them, shall seem most Proper and Convenient; which Gaol so erected, shall be and remain the Public Gaol of the County of Rowan, and District of Salisbury.

III. And be it further Enacted, by the Authority aforesaid, That a Poll-Tax of one Shilling shall be laid on each Taxable Person within the County of Rowan; and eight Pence on each Taxable Person within the Counties of Mecklenburg and Anson, annually, for the Term of Two Years, next after the passing of this Act; which said respective Tax shall, by the Sheriff of each of the said Counties for the Time Being, be collected in the same Manner, and under the same Penalties, for the Non-Payment thereof, as is directed by Law for the collecting other Public Taxes; and the Monies arising therefrom, shall be paid by the said Sheriffs, respectively, to the Trustees in this Act Named; to be by them, or the Majority of them as aforesaid, applied towards discharging the Contracts they shall enter into for the Buildings in this Act directed.

IV. And whereas by an Act of Assembly passed at Wilmington, in the

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Year of our Lord One Thousand Seven Hundred and Sixty Four, entitled, An Act for laying a Tax on the Inhabitants of the several Counties of the District of Salisbury Superior Court, to repair the Public Gaol thereof, a Poll-tax was levied on the Taxables in the several Counties of Rowan, Mecklenburg, and Anson, for repairing the Gaol, erecting a Wall around the same, and Building a Gaoler's House; which Act has not been carried into Execution; Be it therefore Enacted, by the Authority aforesaid, That the Tax collected and unapplied to the purposes in that Act mentioned, shall be paid into the Hands of the said John Frobock, Mathew Lock, and John Dunn, or the Majority of them; to be by them applied towards the Building in this Act directed; And the Prison now belonging to the said District, is hereby vested in the said John Frobock, Mathew Lock, and John Dunn; to be by them, or the Majority of them sold; and the Money arising from the Sale thereof, to be by them also applied to the Purposes in this Act mentioned; and if the Money arising by Virtue of this Act, and the before Mentioned Act, shall be more than sufficient to compleat the Buildings herein directed, the Surplus thereof shall, by the Trustees, be paid to the Court of each County above mentioned, in Proportion to the Sum Collected from each County; and paid by the Sheriffs to the said Trustees; and by the Justices of the said Courts to be applied towards defraying the contingent Charges of their County.

V. And be it further Enacted, by the Authority aforesaid, That if any Sheriff chargeable with any of the Taxes by this Act assessed, shall neglect or refuse to account for and pay unto the Trustees in this Act Named, the whole Sum he shall be chargeable with in Virtue of this Act, after deducting the Usual Commissions for Collecting, and such Insolvents as shall be allowed by the Court of his County, the said John Frobock, Mathew Lock, and John Dunn, or the Majority of them, shall have the same Method of Proceeding against such Sheriff, by Motion, as is by Law given against Sheriffs for not accounting for other Public Monies by them received; and such proceedings shall be good and Valid in Law, in any Court of Record within this Province, Respect being had to the Jurisdiction of such Court.

VI. And be it further Enacted, by the Authority aforesaid, That after such Buildings shall be made as aforesaid, when any Person or Persons within the District of Salisbury, shall be apprehended for any Criminal Offence, that on Conviction Thereof would incur the Loss of Life or Member, it shall and may be lawful for any Justice of the Peace in any County within the District aforesaid, before whom an Examination of such Criminal shall be had, if said Justice shall think it necessary, to commit such Criminal to the aforesaid Gaol: and the Sheriff of the County wherein such Criminal shall be, is hereby directed and ordered to convey such Criminal to the said Gaol, and deliver him or them to the Sheriff or Keeper thereof, and take a Receipt for such Prisoner or Prisoners from the said Sheriff or Keeper; who are hereby directed and required to receive such Criminal, and give such Receipt; which shall be his Discharge for such Criminal or Criminals.

VII. And be it further Enacted by the Authority aforesaid, That all Incident Charges attending the Commitment and Keeping of such Criminal or Criminals shall, if such Criminal or Criminals have not sufficient Estate to satisfy the same, be paid by the Public.

VIII. And be it further Enacted by the Authority aforesaid, That the Trustees in this Act named, shall immediately proceed to the Discharge of the Trust by this Act reposed in them; and shall Cause the said Buildings to be finished within One Year from the passing this Act, at Farthest; and on the Expiration of that Term, they shall render upon Oath, a true State

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of their Proceedings; with an Account of all Monies as they shall receive by Virtue of this Act, and the Sums paid by them on Account of the said Buildings, before the Inferior Court of Rowan County, for their Approbation.

CHAPTER XXII.
An Act to continue an Act, entitled, An Act for enlarging the Time allowed for saving Lots in the Town of Hertford, and other Purposes; and to establish a Ferry from the Town of Hertford, on the West Side of Perquimans River, to Newby's Point, on the East side of the said River.

I. Whereas by an Act of Assembly passed at New Bern, in the Third Year of the Reign of his Present Majesty, entitled, An Act for enlarging the Time allowed for saving of Lots in the Town of Hertford, and other Purposes, among other Things, it is provided, that the Grantee of every Lot in the said Town shall, within Five Years, erect and finish a House of the Dimensions specified in an Act of Assembly passed in the Thirty Second Year of the Reign of his Majesty King George the Second, entitled, An Act for establishing a Town on the Land of Jonathan Phelps, of Perquimans County; which Term of Five Years is now expired, and many of the Lots in the said Town of Hertford not saved agreeable to the before recited Act.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and it is hereby Enacted by the Authority of the Same That every Lot in the said Town of Hertford on which a House shall be erected and built of the Dimensions mentioned in the said recited Act, within the Space of Three Years after the Date of the Conveyance made for the same, shall be and are hereby declared to be vested in the Grantee thereof, in Fee Simple; anything in either of the aforesaid Acts to the Contrary notwithstanding.

III. And whereas several of the Directors of the said Town are dead or removed, whereby their offices are become vacant; Be it therefore Enacted by the Authority aforesaid, That from and after the passing of this Act, John Harvey, John Clayton, Seth Sumner, William Skinner, and Francis Nixon, be, and are hereby appointed Directors of the said Town; and may use and exercise the same Powers and Authorities, as the Directors appointed by the before recited Act could or might have exercised, used or enjoyed, by Virtue of the same; And in case of the Death or Refusal to Act, or removal out of the County of —— of any of the said Directors, the surviving or other Directors or the Majority of them, shall, and they are hereby impowered and required, to choose another Director or Directors, in the Room of him or them so dying, refusing to act, or removing out of the County, agreeable to the Directions of the said Act.

IV. And whereas the Court House in Perquimans County, is situated in the Town of Hertford, on the West Side of Perquimans River; and the Inhabitants on the East Side of the said River, are obliged to attend at the said Court House during the sitting of the Inferior Court, at the Election of Members of the Assembly, and Vestrymen, General Musters and Court Martials, of the said County; and the Act of Assembly heretofore made for defraying the Expence of such Ferriage, will expire at the end of this present Session of Assembly: Be it therefore Enacted, by the Authority aforesaid, That the Inferior Court of the said County of Perquimans, are hereby authorized, impowered, and required, at the next Court to be held after the First day of May, yearly to lay a Tax, not exceeding Three Pence Proclamation Money, on each Taxable Person in the said County; to be collected and accounted for with the Inferior Court of the said County, by the Sheriff of

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the said County, in the same Manner, and under the like Regulations and restrictions as other Taxes of the said County are to be collected and accounted for; and to be by the said Court applied and appropriated as a Premium or Reward to the several Ferrymen now appointed or hereafter to be appointed by the Court of the said County, to keep a Ferry from Hertford to Newby's Point, and from Newby's Point to Hertford; for which they shall, and are hereby obliged, to set over, Ferriage Free, all Persons resident in the said County, going to, and returning from, the Court or Vestry of the said County, Elections of Burgesses and Vestrymen, Musters and Court Martials, of the said County.

V. And be it further Enacted by the Authority aforesaid, That the Inferior Court of the said County are hereby authorized, impowered and required, out of the Monies arising by the Tax so laid and Collected as aforesaid, yearly and every Year, to allow and pay to the several Ferrymen attending at the Ferry aforesaid, such Sums of Money as they shall think reasonable, for their Trouble in transporting all Persons who shall or may have Occasion, to attend the said Court House, on the Days and Times aforesaid.

VI. And be it further Enacted by the Authority aforesaid, That the Ferrymen that now are appointed, or shall hereafter be appointed, by the Court of the said County to keep a Ferry at Hertford and Newby's Point, are hereby required to Ferry over the said River, free of any Expence, all Persons resident in the said County, during the sitting of the Inferior Court, and Vestry of the said County. And also all Persons whatever on the Days of Election of Members of Assembly, or Vestrymen; and also all Persons going to, and returning from, the Musters, or Court Martials of the said County; under the Penalty of forfeiting and paying the sum of Ten Shillings, Proclamation Money, for each Neglect or Refusal; to be recovered by a Warrant on Proof made before any Magistrate of the said County.

VII. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Justices of the said Court to take Bond and Security of the said Ferry Keepers in the Sum of Twenty Pounds Proclamation Money, for their due and faithful Performance of the above said Act; and that all fines becoming due by Virtue of this Act, shall be paid to the Justices of the said Court; to be by them applied towards defraying the Charges of the County.

VIII. And be it further Enacted by the Authority aforesaid, That this Act shall continue and be in force for and during the Term of Seven Years, from and after the passing thereof, and from thence to the end of the next Session of Assembly, and no longer.

CHAPTER XXIII.
An Act to amend an Act, entitled, An Act for the Regulation of the Town of Wilmington.

(Printed in Private Acts, post.)

CHAPTER XXIV.
An Act for laying out a Public Road from the Frontiers of this Province, through the Counties of Mecklenburg, Rowan, Anson, and Bladen, to Wilmington and Brunswick.

I. Whereas a public Road from the Frontiers of this Province through the Counties of Mecklenburg, Rowan, Anson, and Bladen, to Wilmington

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and Brunswick, would be of great utility and Advantage to the Inhabitants of the Western Part of this Province, and others, and would tend much to the Advancement of Trade and Commerce:

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That Martin Phifer, John Polk, John Frobock, Griffith Rutherford, Charles Medlock, John Collson, Hugh Waddell, Archibald McKissick, and Robert Johnston, be, and are hereby appointed Commissioners for laying out the said Road; and they, or the Majority of them, are hereby authorized and directed, within six months next after the passing of this Act, to lay, mark, or stake out, or cause to be laid, marked or staked out, a public road from the Frontiers of the said Province through the said Counties of Mecklenburg, Rowan, Anson, and Bladen, the nearest and best way to Wilmington and Brunswick; and the said Commissioners, or a Majority of them after having marked, staked, and laid out, the said Road, shall, and are hereby impowered and directed, to make an Accurate Plan thereof; and the same to return, with an Acount of their Proceedings to the next Inferior Court of Pleas and Quarter Sessions to be thereafter respectively held for the Counties aforesaid; and the Justices of the said respective Courts are hereby directed to receive the same, and are thereupon ordered and authorized to appoint so many overseers of the said Road within their respective Counties, as to the said Justices shall from Time to Time, appear convenient and Necessary; and the said Overseers, and the Inhabitants of the said Counties, respectively being contiguous to the said Road, shall be subject to open, clear, and work on the same, so to be marked, staked, and laid out as aforesaid; under the same Regulations, and shall be liable to the same Fines and Penalties, prescribed and inflicted on Delinquents, by an Act of Assembly, entitled, An Act to impower the Inferior Courts of the several Counties in this Province to order the laying out of Public Roads, and establish and settle Ferries; and to appoint where Bridges shall be built, for the use and Ease of the Inhabitants of this Province, and to clear navigable Rivers and Creeks.

CHAPTER XXV.
An Act for annexing Part of Northampton County to the County of Bute.

I. Whereas the Inhabitants of the Upper or Westermost Corner of Northampton County labour under great Inconveniences, in attending the Courts; and other public Meetings, of the said County, at the Court House thereof; and being more Convenient for those Purposes to the County of Bute, are desirous of being annexed thereto:

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That Thomas Eaton, Willie Jones, and Benjamin Person, Esquires, be, and are hereby appointed Commissioners; and they or the Majority of them, are required and directed, within Three Months after the passing of this Act, to run and Mark (or cause the same to be done) a Line from Roanoke River Bank, opposite the mouth of Stone House Creek, a due North Course to the dividing Line between this Province and the Colony of Virginia: and all that part bounded to the Eastward, by the Line above directed to be marked, and to the Northward by the Virginia Line, to where it crosses Roanoke River, shall be, and is hereby annexed to, and made part of the County of Bute; and the Inhabitants thereof shall be subject and liable to the same Rules, Orders, Taxes, and Privileges, as any other of the Inhabitants of the said County of Bute.

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II. Provided always, That nothing herein contained shall be construed to hinder the Sheriff of the County of Northampton from collecting or distraining for any Taxes, or arrears of Taxes now due, and which he, as Sheriff of Northampton, is or may be accountable for, from any Inhabitants within the Bounds above described.

CHAPTER XXVI.
An Act for establishing a town on the Land of William Gray, on Cushie River, in Bertie County

I. Whereas it hath been represented to this Assembly that the Land of William Gray, lying on the South Side of Cushie River, at a Place known by the Name of Gray's Landing, in Bertie County, is a Pleasant and Healthy Situation, and commodious for Trade and Commerce; and the said William Gray having acknowledged his free consent to have One Hundred Acres of the said land laid off for a Town, which will greatly promote the Trade and Navigation of the said River:

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the said One Hundred Acres of land, beginning at a Stake by a small Branch on the River Side, and running thence North Forty Two Degrees West One Hundred and Sixty-Eight Poles; thence North Twenty One Degrees East Forty Poles; then North Sixty Five Degrees East One Hundred and Twenty Two Poles, to the centre of a Hickory, White Oak and Maple, on the said River Side; and then down the Meanders of the said River to the Beginning; laid off in Lots and Streets, with Part thereof for a Common, according to a Plan laid before this Assembly, be, and the same is hereby Constituted, erected, and established a Town, and shall be called by the Name of Windsor.

III. And be it further Enacted by the Authority aforesaid, That from and after the Passing of this Act, Cullen Pollock and John Dawson, Esquires, Thomas Ballard, William Williams, and David Stanley, Gentlemen, be, and they and every of them, are hereby constituted Directors and Trustees, for Designing, building and carrying on the said Town; and they shall stand seized of an indefeasible Estate, in Fee Simple, of and in the One Hundred Acres of Land laid off as aforesaid, to and for the Uses, Intents, and Purposes, hereby expressed and declared; except Four Lots Known and described in the aforesaid Plan by their respective Numbers Eleven, Twelve, Eighty Four, and Eighty Six, which are hereby reserved, to the only Use and Behoof, of the said William Gray, his Heirs and Assigns forever: And the said Directors, or any Three of them, shall have full Power and Authority to meet as often as they shall think necessary; and to appoint a public Quay, at such place on the said River, within the Bounds of the said Town, for a Public Landing, as to them shall seem meet.

IV. And whereas Subscriptions have already been made for the greatest Part of the Lots laid off in the said Town; Be it Enacted by the Authority aforesaid, That the said Directors or a Majority of them, within Six Months after the passing of this Act, shall appoint a Time, and give Public Notice thereof, for meeting the Subscribers on the said Land, for determining the Property of each Particular Lot, which shall be drawn by Ballot in a Fair Manner by the Direction, and in the Presence of a Majority of the said Directors at least; and each Subscribers shall be entitled to the Lot or Lots which shall happen to be drawn for him, and correspond with the Number contained in the aforesaid Plan, of the said Town; And the said Directors

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or a Majority of them, shall make and execute Deeds for granting and conveying the said Lots contained in the said Town, to the respective Subscribers for the same, their Heirs and Assigns forever; and also to every other Person and Persons who shall purchase any other Lot or Lots in the said Town, at the Proper Costs and Charges of the Grantee or Grantees to whom the same shall be conveyed; and every Person claiming any Lot or Lots in the said Town by Virtue of any such Conveyance, shall and may hold and enjoy the same in Fee-Simple.

V. Provided nevertheless, That the Grantee or Grantees of any Lot or Lots in the said Town so conveyed, shall, within Three years next after the Date of the Conveyance for the same, erect, build, and Finish, on each Lot so conveyed, one well framed or Brick House, Sixteen Feet Square at the least, and Ten Feet Pitch in the Clear, or Proportionable to such Dimensions, if such Grantee or Grantees shall have Two or more Lots contiguous: And if the Owner of any Lot in the said Town shall fail to pursue or comply with the Directions by this Act prescribed, for building and finishing a House thereon, then such Lot upon which such House shall not be built and finished in Manner aforesaid, shall be revested in the said Directors; and the said Directors, or the Majority of them, may, and are hereby impowered and Authorized, to sell such Lot for the best Price that may be had, to any other Person or Persons applying for the same, in such Manner, and under such Restrictions, as they could or might have done if such Lot had not been before sold or granted.

VI. And be it further Enacted by the Authority aforesaid, That the respective Subscribers for the said Lots shall, within One Month after it shall be ascertained to whom each of the said Lots doth belong, in Manner hereinbefore mentioned, pay and satisfy to the said Directors the Sum of Forty Five Shillings, Proclamation Money, for each Lot by them subscribed for; and in Case of the Refusal or Neglect of any Subscriber to pay the said Sum, then said Directors shall and may commence a Suit for the same, in their own Names, and therein shall recover Judgment, with Costs.

VII. And be it further Enacted, That all Monies which shall arise by a Disposal of the said Lots, granted by the said Directors, and their Successors in Execution of this Act shall be received by the said Directors; and after their Reasonable Charges and expences are deducted, shall be by them paid, to the said William Gray, his Executors, Administrators, or Assigns.

VIII. And for continueing the Succession of the said Directors, until the said Town shall be Incorporated, Be it further Enacted, by the Authority aforesaid, That in Case of Death, Refusal to act, or Removal out of the Country of any of the said Directors, the surviving or other Directors, or the Majority of them shall assemble, and are hereby impowered from Time to Time, by Instrument in Writing, under their respective Hands and Seals, to nominate some other Person, being an Inhabitant or Freeholder of the said Town, in the Place of him so dying, refusing to Act, or removing out of the Country; which new Directors so nominated and appointed, shall, from henceforth, have the same Power and Authority, in all Things concerning the Matters herein contained, as if he had been expressly named and appointed in and by this Act,

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CHAPTER XXVII.
An Act for vacating the Title of certain Persons to Three Hundred Acres of Land, situate on the lower Part of Cape Fear, and adjoining Fort Johnston; and for revesting the same in the Crown, for his Majesty's Service, and the Benefit of the said Fort and Garrison.

I. Whereas by an Act of the General Assembly, passed at New Bern, on the Twentieth Day of April, in the Year of our Lord One Thousand Seven Hundred and Forty Five, entitled, An Act for erecting a Fortification on the lower Part of Cape Fear River for applying thereto the Powder Money already arisen, or which shall arise, by Shipping coming into the Port of Brunswick, certain Commissioners were appointed, a Majority of whom were, by said Act, invested with full Power and Authority to erect and build a Fort or Battery in such Place on the Lower Part of Cape Fear River, as to them should seem most convenient for the Defense of the said River; in Virtue whereof, a Place for erecting a Fort was agreed on by the said Commissioners, and a Fortification by the Name of Fort Johnston, was raised, and hitherto has been guarded and maintained at a considerable Charge and Expence to the Public; and the Necessity of guarding and maintaining of the said Fort still continueing for his Majesty's Service, and the Defence of this Province: And whereas a Patent for Part of the Land adjoining thereto has been surreptiously, and without the due Knowledge and Information of the Officers of the Crown granting the same, obtained: And whereas from the Nature of its Situation it is absolutely necessary, for the safety and Security of said Fort and Garrison, as well as for the repairing and maintaining of the same, That three Hundred acres of the said land adjoining the said Fort, bounded as follows: beginning at a Bridge the Mouth of Bennet's Creek, running North Sixty Seven Degrees West, Three Hundred and Thirty Two Poles, to a Creek called Juda's Creek, running down the various Courses of the said Creek to where it empties itself into a Creek, called the Dutchman's Creek; thence down the said Creek to the Mouth thereof, in Cape Fear; then up Cape Fear River to the Beginning, including Fort Johnston, and containing Three Hundred Acres more or less; should be revested in the Crown, and remain for his Majesty's Service, towards repairing and maintaining of the said Fort, and the Use of the said Garrison, forever.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That for so much Land as is contained within the Limits by this Act specified, each and every Patent or Deed heretofore made or executed, so far as relates to the Land above specified, is hereby declared to be null and void, and of no Force, Validity or Effect whatsoever; but that the absolute Right and fee Simple of said Three Hundred Acres of Land, be and remain in his Majesty, his Heirs and Successors forever, for and towards the repairing of said Fort; and to such other uses and purposes as his Majesty shall direct.

III. And that equal Right and Justice may be done to the Patentees, their, and each of their Heirs and Assigns; Be it Enacted, by the Authority aforesaid, That a Jury of Twelve Freeholders, within the County of Brunswick, be appointed by the Justices of the Inferior Court of the said County, at the next Court to be held for said County after First Day of March next; which Jury shall be summoned by the Sheriff of said County, to view the aforementioned Lands and Premises, at some Day between that and the then next succeeding Court for said County; and shall take an Oath before some Justice of the Peace for the said County (who is hereby authorized to administer the same),

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to value and appraise the said Three Hundred Acres of Land and Improvements, and make return of such Valuation and Appraisement, and the Names of Persons claiming the same, under their Hands and Seals, to the next succeeding Court for the said County; which said Valuation Money the Public Treasurer of the Southern District is required to pay to the First Patentees, or their legal Representatives, and to take one or more Receipt or Receipts for the same; which with the Valuation returned by the Jury as aforesaid, shall be recorded among the Records of the said Inferior Court of Brunswick County, and be registered in the Register's Office of the said County; which Inquest so taken and returned shall, and is hereby declared to be a Perpetual Bar to the Claim, Right or Title, of any Subject whatsoever, to the said Three Hundred Acres of Land and Premises.

IV. And be it further Enacted, by the authority aforesaid, That the Sheriff of Brunswick County shall summons the Jurors appointed by the Inferior Court of the said County, for the Purposes in this Act directed, at least Five Days before the Day appointed for valueing and appraising the said Land and Premises: And every Juror being so summoned, and failing to attend and take such View of, and value and appraise such Land and Premises, shall be fined by the said Inferior Court of Brunswick, for each Neglect Three Pounds Proclamation Money; to be levied as other Fines set on Jurymen, and applied to the Use of the said County of Brunswick; unless the Person fined shall, on Oath, shew to the next Court sufficient Reason for such Failure or Neglect.

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