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Acts of the North Carolina General Assembly, 1768
North Carolina. General Assembly
November 07, 1768 - December 05, 1768
Volume 23, Pages 759-783

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LAWS OF NORTH CAROLINA, 1.
[The correct date for this document is 1768 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 Seventh Day of November, in the Year of our Lord One Thousand Seven Hundred and Sixty-Eight: Being the Third Session of this present Assembly.

CHAPTER I.
An Act to amend and explain an Act entitled, An Act for establishing an Orthodox Clergy.

I. Whereas by an Act of Assembly passed at New Bern, on the Third Day of May, in the Year of our Lord One Thousand Seven Hundred and Sixty-Five, entitled An Act for establishing an Orthodox Clergy, it is among other things, Enacted, That if any Clergyman, presented to any parochial living within this Province, shall be guilty of any Gross Crime, or notorious Immorality, it shall be lawful for the Governor or Commander in Chief for the Time Being, by and with the Advice of his Majesty's Council, to suspend the said Clergyman from serving the Cure of such Parish whereof he was incumbent; and that such Suspension should be deemed good and Valid, until such Time as the Bishop of London shall either Restore or pass Sentence of Deprivation on Him.

II. And whereas no provision is made in the aforementioned Act for supporting such Clergyman as may be appointed to officiate during the Suspension of any Minister from serving the Cure of such Parish whereof he was Incumbent; Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That when the Incumbent of any Parish shall be so suspended, that it shall and may be lawful for the Church Wardens and Vestrymen of such Parish, to allow any deserving Minister appointed and received to officiate in such Parish, during the Suspension of the Incumbent as aforesaid, the whole or any Reasonable Part of the Proclamation Money, and of the Perquisites, as such Incumbent might or could have been allowed or entitled to in the said Parish, if no such Suspension had happened; any Law, Usage, or Custom to the contrary notwithstanding.

CHAPTER II.
An Act to amend and continue an Act, entitled, An Act concerning of Vestries.

I. Whereas the said Act of Assembly, passed at Wilmington, the Thirtieth Day of January, in the Fifth Year of his Present Majesty's Reign, was to continue and be in Force for and during the Term of Five Years, from and after the Passing of the same, and no longer; which Term is now near expired; and it being found necessary, in order to make Provision for the Clergy, and for the taking Care of the Poor, and the due Management of Parochial Affairs, that the same should be amended and continued.

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II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That where there hath been an election of Vestrymen, and the Vestrymen so elected have neglected or refuse to qualify, agreeable to the before Mentioned Act, that the Freeholders of every such Parish are hereby directed to meet at the usual Place of electing Vestrymen in every such Parish on Easter Monday, next after the Passing of this Act; and then and there to chuse and elect Twelve Freeholders to serve as Vestrymen which Vestrymen so chosen, shall be summoned by the Sheriff, to appear and qualify, in the same Manner, and subject to the same Fines and Penalties, and be vested with the same Powers and Authorities as other Vestrymen are by the before recited Act; and the Vestry so elected, shall serve until the next general Election of Vestrymen, to be had on Easter Monday, in the Year of our Lord One Thousand Seven Hundred and Seventy; any Thing in the before recited Act to the contrary notwithstanding.

III. And whereas by the before mentioned Act, known Dissenters from the Church of England only are subject to a Fine of Three Pounds, Proclamation Money, for refusing or neglecting to qualify when chosen Vestrymen, agreeable to the Directions of the said Act; Be it therefore Enacted by the Authority aforesaid, That every Person hereafter chosen as a Vestryman in any Parish, and summoned as by said Act directed, and refusing or neglecting to Qualify agreeable to the Directions of the said Act, shall Forfeit and Pay the sum of Three Pounds, Proclamation Money; to be recovered and applied as other Fines in the aforesaid Act directed.

IV. And be it further Enacted by the Authority aforesaid, That this and the aforementioned Act, shall continue and be in Force for and during the Term of Five Years, from and after the passing of this Act, and from thence to the End of the Next session of Assembly; any Thing in the aforesaid Act to the contrary notwithstanding.

CHAPTER III.
An Act for establishing a Militia in this Province. (a)

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

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all Freemen and servants within this Province, between the Age of Sixteen and Sixty, shall compose the Militia thereof; and that the several Captains of the same shall enroll the Names of all such Freemen and Servants of which their several Companies consist; and shall at their respective General Musters, return a Copy thereof to the Colonel of their respective Regiments; under the Penalty of Five Pounds Proclamation Money; to be levied by a Warrant of Distress from the Colonel of the Regiment, directed to the Sheriff of the County to which the said Regiment belongs; which Sheriff shall be paid out of the said Penalty the Sum of Ten Shillings; And in Case any Sheriff shall neglect or refuse to serve such Warrant, he shall forfeit and pay the Sum of Five Pounds; to be recovered by Action of Debt, in any Court of Record, and be applied as hereinafter directed; Which Copy so returned, shall by every Colonel, be returned to the Governor or Commander in Chief for the Time Being; under the like Penalty; And that all Persons after being so enrolled, who shall at any Time (unless rendered incapable by Sickness or other Accident) neglect or refuse, when called upon, to appear at such Times and Places where ordered by the Colonel or Commanding Officer, there to be mustered, trained, and exercised

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in Arms; and be provided with a Well fixed Gun, shall forfeit and pay, if at a Private Muster, Five Shillings, if at a General Muster Ten Shillings; and shall also be provided with a Cartouch Box, Sword, Cutlass, or Hanger, and have at least Nine Charges of Powder, made into Cartridges, and sizeable Bullets or Swan Shot, and Three Spare Flints, a Worm and Picker; under the Penalty if at a Private Muster, the Sum of Two Shillings and Six Pence, if at a General Muster, Five Shillings; to be levied by a Warrant of Distress, from the Captain of the Company, directed to the Sergeant of the same; who is hereby impowered to execute the said Warrant, and distrain for the said Fines and Penalties, in the same Manner as Sheriffs are impowered to distrain for public Taxes, and shall make return thereof to the Captain; which Sergeant shall deduct One Shilling and Four Pence, out of every Fine so levied: And in case such Sergeant or Sergeants shall neglect or refuse to serve any Warrant or Warrants to him or them so directed, he or they for such neglect or Refusal, shall be fined Twenty Shillings; to be recovered by a Warrant from the Captain, directed to any other Sergeant; under the same Penalty; to be accounted for, and applied as other Fines in this Act directed.

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

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

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

VI. And be it further Enacted, by the Authority aforesaid, That if the Captain, Lieutenant, or Ensign, or any Two of them, shall adjudge any Person or Persons enrolled as aforesaid, to be incapable of providing and furnishing him or themselves with arms, Ammunition, and Accoutrements, required by this Act, every such Person shall be exempt from the Fines and Forfeitures imposed by Virtue of this Act, until such Arms, ammunition, and Accoutrements shall be provided for and delivered him by the Court Martial;

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to be paid for out of the Fines already collected, and that may hereafter be collected; such Court Martial first taking Security for the Safe Keeping, and returning such Arms, Ammunition, and Accoutrements, when required.

VII. And be it further Enacted, by the Authority aforesaid, That the Captain of every Company within this Province, shall, and they are hereby required to chuse a Clerk, three Sergeants, three Corporals, and a Drummer, for the said Company; Which said Clerk shall give his Attendance, with his Sword by his Side, on every Muster Day, and call over the Roll of the Company, and take Notice of the Persons who are absent on each of the said Muster Days; and return upon Oath, a true List of the Absentees to his Captain; and shall also, before the Company proceed to their Exercise, read distinctly, and with an audible Voice, at the Head of his Company, this Act, and if the Clerk, Sergeants, or Corporals, or any of them so chosen, shall refuse to act in the Office he is appointed to, he shall forfeit and pay the sum of Forty Shillings.

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

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

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

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

X. And be it further Enacted, by the Authority aforesaid, That the respective Officers of the Militia, and the Private Men, when in actual Service, shall, from the Day they are ordered on Duty, be paid according to the Rates following, to-wit:

£. s. d.
A Colonel per Day 0. 12. 6.
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A Lieutenant Colonel per day 0. 10. 0.
A Major per Day 0. 10. 0.
A Captain per Day 0. 7. 6.
An Adjutant per Day 0. 7. 6.
A Lieutenant and Chirugeon, each per Day 0. 5. 0.
An Ensign per Day 0. 4. 6.
A Sergeant per Day 0. 4. 0.
A Corporal and Drummer, each per Day 0. 3. 0.
Every Private Man per Day 0. 2. 0.

And Eight Pence per Day, to the Commanding Officer for victualing each Man.

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

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

XIII. And be it further Enacted, by the Authority aforesaid, That if any Soldier shall, during the Time of Muster, resist his Commanding Officer, or refuse his Lawful Commands, such Soldier shall be punished at the Discretion of his Officer, by being tied Neck and Heels, not exceeding Fifteen Minutes, picqueted, or ride the Wooden Horse; And if any Officer or Soldier shall refuse to carry such Commands into Execution, he or they so Offending, shall forfeit and pay the Sum of Five £s; to be levied by a Warrant from any Field Officer in the Regiment, and applied as other Fines mentioned in this Act.

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

XV. And be it further Enacted, by the Authority aforesaid, That every Trooper shall be provided with a good, serviceable Horse, not less than Fourteen Hands High, with a Good Bridle, Saddle, Housing, Holsters, Breast

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plate, and Crupper, a Case of good Pistols, a good, Broad Sword, Twelve charges of Powder, Twelve sizeable Bullets, a Pair of Shoe Boots, with Suitable Spurs, and a Carbine well fixed, with a good Belt, swivel and Bucket.

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

XVII. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the Field Officers and Captains of every County, or the Major Part of them, whereof the Colonel, Lieutenant Colonel or Major shall be one; and they are hereby directed and required to meet at the Court House of their respective Counties, on the Day next following their respective general Musters which shall be in their Counties; then and there to hold a Court Martial; which said Court shall have full Power to inquire into the Age and Abilities of all Persons inlisted, and exempt such as they shall judge incapable of Service; and of all Neglects and Omissions, as well by any Officers as Delinquents; and to hear and determine all Appeals which shall be made to the Court from any Officer or Soldier who may think himself unjustly Fined by his Captain, and to order and dispose of all Fines; in the First Place for buying Drums, Colours, and other Necessaries for the Use of the Company from whence the same shall arise, and afterwards with supplying the Militia with Arms; and the said Court is hereby directed and required, to keep a Register of all their Proceedings; and for that Purpose to appoint a Clerk, and to allow him a Reasonable Salary out of the Fines.

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

XIX. And be it further Enacted by the Authority aforesaid, That every Colonel failing to appear at such Court, and every Lieutenant Colonel or Major failing to appear at the general Muster, or such Court as aforesaid, for every such Offence, shall forfeit and pay the Sum of Five £s, Proclamation Money; and every Captain failing as aforesaid, shall forfeit and pay Three £s; and every Lieutenant or Ensign failing to appear at the general Muster, Forty Shillings; unless they shall make such Excuse for

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their Absence to the next succeeding Court as the said Court shall judge sufficient: And every Captain, or in his Absence the Clerk of the said Company, shall return, on Oath, an exact List of the Persons who have been Fined, and whether for Absence or Want of Accoutrements; and every Captain shall then and there pay into the Court all such Fines as he shall have received, under the Penalty of Fifty £s, to be levied by a Warrant from the Colonel; which said Fine shall be applied as other Fines by this Act are directed.

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

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

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

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

XXIV. And be it further Enacted, by the Authority aforesaid, That this Act shall be and continue in Force for and during the Term of Five Years, and no Longer.

CHAPTER IV.
An Act to direct Sheriffs in levying Executions, and the Disposal of Lands, Goods, and Chattels, taken thereon. Expunged.

[Full text of this chapter is available at vol. 25, p. 514-515.]

CHAPTER V.
An Act to explain and amend an Act, entitled, 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 Associate Justices of the said Superior Courts.

IV. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for any Associate Justice of the said Superior Courts to receive the same Fees and Perquisites which the Chief Justice might take, or would be entitled to receive, for taking the Probate or Acknowledgement of any Deed, Letter of Attorney, Private Examination of Feme Coverts,

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making Orders, taking Affidavits, administering Oaths, and granting Certificates, or any other customary Matter or Thing, which the Chief Justice of this Province may or can lawfully do out of Court by Virtue of his said Office.

V. And be it further Enacted, by the Authority aforesaid, That no clerk of any Inferior Court shall be appointed to, or hold the Office of Clerk of any Superior Court in this Province.

VI. And whereas a Number of Litigious Suits have been commenced and prosecuted in the Different Courts in this Province, by Persons Inhabitants of, and residents in neighboring Colonies; which Suits the Plaintiff, after occasioning great Charges and expence to the Defendant, either neglect to prosecute, or are cast in, from the Want of a Sufficient Cause of Action; and being out of the Jurisdiction of the Court, the Defendant is without Remedy for such his Costs and Charges; Be it therefore Enacted by the Authority aforesaid, That no Council, or Solicitor, or Attorney, shall, for the Future, commence or prosecute any Suit or Action for any Person or Persons, Inhabitants of, or Residents in any other Province, against any Inhabitant, or Resident of this Province, until he shall have first filed in the Clerk's Office of the District or County a Bond, with sufficient Security, payable to the Defendant; with Condition for the Payment and Satisfaction of all such Sums of Money as the said Plaintiff shall be chargeable with by Reason of the Prosecution of the said Suit, whether the same be due to the Defendant, Officers of the Court, Jurors, Witnesses, or Surveyors; to be recovered on a Scire Facias, in the same Manner as Judgments are recovered on Bail Bonds; And in Case any Councillor, Solicitor or Attorney, shall bring any Suit, without taking and lodging such Bond as aforesaid, he shall be liable to such Costs and Charges as may accrue or arise in the Instances aforesaid.

VII. And be it further Enacted, by the Authority aforesaid, That from and after the passing this Act, so much of the before recited Act as comes within the Purview and Meaning of this Act, is hereby declared to be henceforth null and void, to all Intents and Purposes whatsoever.

CHAPTER VI.
An Act to relieve such Persons who have purchased lands sold by Execution, and have not obtained Titles to the same.

I. Whereas by an Act of the General Assembly, passed at Wilmington, in the Year One Thousand Seven Hundred and Sixty Four, declaring Lands, and other real Estate in this Province, liable for the Payment of Debts, and subject to be taken in Execution and sold for that Purpose, and Conveyances under such Sale to be made by the Sheriff selling the same; and in Case of his Death or removal from Office, the Conveyance to be made by his Successor in Office; and whereas many Tracts of Land, in Virtue of the said Act, have been formerly taken in Execution and sold; but by Reason of the Death of the Sheriff selling the same, and the Doubts of the Succeeding Ones, Titles have not been made to the fair and Open Purchasers, who have paid the Consideration of such Sales at the Time of selling, which Doubts have arisen from the Publication here of his Majesty's Royal Disallowance of that Act; That the Fair Purchaser may be remedied herein,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That any Person or Persons who heretofore, and until the Publication of the Disallowance of the Act aforesaid, have actually purchased any Lands sold by any Sheriff as aforesaid, and have Bona Fide paid the Full Consideration Money for the same to the Sheriff, for the Purposes for which the same was sold and hath not, from the Obstructions aforesaid,

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obtained a Proper Conveyance of the Title of such Lands from the Sheriff, according to the Directions of the said Act, may, and are hereby Authorized, to demand of the Sheriff now in Office, or the Sheriff for the Time Being, of the County wherein such Lands lie, a proper Deed of Conveyance for the same Lands; And such Sheriff is hereby authorized and required, on Application of the Purchaser as aforesaid; and in Case of his or her Death, on the Application of the Heir, Executors, Legatees, or Assignees of said Deceased (where of Right it ought to be done) to make such sufficient Deed or Conveyance in Law, of the Lands so sold, as the Sheriff, at the Time of making the Sale, in Virtue of the Act aforesaid, could or ought to have done and all Deeds and Conveyances made and executed as aforesaid, in Virtue hereof, are hereby declared to be good and Valid; and shall be as effectual in Law for conveying the Legal Title of the Lands therein Mentioned to the Purchaser thereof, his or her Representative as aforesaid, as if the same Conveyance had been Made at the Time of the Sale on Excution, by the Sheriff selling the same.

CHAPTER VII.
An Act to enlarge the Time for Sheriffs to settle their Accounts with the Justices of the Inferior Courts of Pleas and Quarter Sessions of the Counties therein mentioned.

III. And whereas no provision is made by the before recited Act for the Sheriffs, in Case they should be prevented by Weather, Sickness, Non-Attendance of the Justices at the Time of holding the Inferior Court, between the First Day of October and the First Day of January, or other Accident, whereby a Settlement may be prevented; And whereas by Reason of the Shortness of the Time limited by the before recited Act for the Sheriffs of the several Counties in this Province to settle and Account with the Justices of their respective Counties; and also by Reason of the great Scarcity of Curency, it hath been found Impracticable for the several Sheriffs to settle for their Collection of Public Taxes, so as to entitle them to the Benefit, Privileges, and Advantages, which by said Act they would be entitled to could they settle and Account with the Justices of their respective Counties, at the Inferior Court to be held between the First Day of October and the First Day of January: For Remedy whereof, Be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the Justices of the several Counties within this Province at any Inferior Court held between the First Day of October and the Tenth Day of April, in each Year, to settle and account with the Sheriff of the respective Counties for the County Tax: And any Sheriff settling and Accounting with the Justices at any Inferior Court held in the County whereof he is or has been Sheriff, between the First Day of October and the Tenth Day of April, as aforesaid, for his Collection of Taxes in the preceding Year, shall be entitled to the same Allowance, Benefits, and Advantages, as if such Settlement had been made between the First Day of October and the First Day of January; any Thing contained in the aforementioned Act to the contrary, notwithstanding.

IV. And whereas there are many Counties within this Province wherein the Public Taxes, for want of an Acting Sheriff in such Counties, have not been collected, to the great loss and Injury of the Public; To Remedy which Evil and Inconvenience, Be it Enacted, by the Authority aforesaid, That it shall and may be lawful for the Governor, or Commander in Chief for the Time Being, and he is hereby authorized and impowered, to appoint, and by

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his Commission, to constitute any Freeholder of such County, of sufficient Circumstances and Abilities, Collector of the Public and County Taxes, of such County as have been, or hereafter shall be destitute of a Sheriff, to collect the Public Taxes now due, or that hereafter may become due from such County; such Collector first entering into Bond, and sufficient Security, for the true and faithful collecting of, and accounting for, the Public and County Taxes by him to be Collected, in the same Manner, and under the same Regulations, as by law acting Sheriffs are required to do.

V. And be it further Enacted by the Authority aforesaid, That such Collector shall have, Use, and Exercise, the same Power and Authority, to Make Distress for levies, and to be entitled to the same Commissions and Allowance, as by Law Sheriffs may have or are entitled to.

CHAPTER VIII.
An Act to amend an Act, for establishing Public Warehouses in the Towns of Halifax and Campbleton, for the Inspection of Hemp and Flax, and other Purposes.

I. Whereas by the above mentioned Act it is, amongst other Things, directed, that the Hemp and Flax to be received by the Inspectors shall be prized into Bales and Bundles, and in that Manner delivered out to the Exporter; and the Oath in the same Act enjoins them, amongst other Things, “That they shall not change, alter, or give out, any Hemp or Flax, other than that for which the Receipt to be taken in was given”; which Directions and Restrictions have, on Experience, been found very inconvenient and useless;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and Immediately after the passing this Act, the Inspector at each of the said Warehouses shall, and is hereby directed, to prize all Hemp and Flax by them received, and all such as they shall hereafter receive, into good, substantial, and well hooped Hogsheads, of not more than Four Feet in length, and Thirty Inches in Diameter at the Heads within the Croze; which Hogsheads, when prized, shall be well lined and nailed, fit for Exportation: And the said Inspectors, in Discharge of their Notes, as by the Rules in the said Act prescribed, shall pay out the same in Hogsheads as aforesaid, of Six Hundred Weight nett each at least, if required of that Weight by the Owner or Exporter; And the Persons receiving out any such Hogsheads of Hemp or Flax for Exportation shall, for each Hogshead pay to the Inspector delivering the same, Six Shillings and Three Pence, Proclamation Money, for the Cask; and also, for every Hundred Weight of Hemp or Flax therein, the Sum of Two Shillings, like Money, for Inspection, Prizing and Nails, and four Pence per Hundred for Warehouse Rent; which last sum of Four Pence per Hundred, to be paid by the Inspector to his County Court, as by said Act is Directed; and instead of the Oath by said Act directed, the said Inspectors shall take the following Oath, to-wit: You shall swear that you will carefully view and examine all Hemp and Flax brought to the Warehouse where you are appointed Inspector; that you will not receive any Hemp or Flax that is not in your Judgment Bright, clear, and Merchantable: but that you will, in all things, well and faithfully discharge your Duty in the Office of an Inspector, according to the best of your Skill and Judgment, and according to Law, without Fear, Favor, Affection, Malice, or Partiality; and that you will take no Fee or Reward

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for any Thing Done by you as Inspector, other than the fees appointed by this Act. So help you God.

III. And whereas the Act for granting a Bounty on Hemp and Flax, cultivated in this Province is now near expiring, and it being greatly to the Advantage of this Province to encourage the raising those valuable Articles of Commerce; Be it Enacted, That the said Act entitled, An Act to encourage the Culture of Hemp and Flax, and other Purposes, or so much thereof as remains unaltered by subsequent acts shall be and remain in full Force for and during the Term of Four Years, to be accounted from the Time at Which, by the Tenor thereof, it would otherwise expire.

IV. And be it further Enacted, That so much of the Act first above mentioned as is within the Purview of this Act, is, and stands hereby repealed and made void.

CHAPTER IX.
An Act to amend an Act entitled, An Act to restrain the Keeping of too great a Number of Horses and Mares, and for amending the Breed.

I. Whereas by an Act of Assembly, passed at Edenton, on the Twenty Third Day of November, in the Year of our Lord One Thousand Seven Hundred and Twenty Three, entitled, An Act to restrain the Keeping of too great a Number of Horses and Mares, and for amending the Breed; it is Enacted, among other Things, that no Person whatsoever shall suffer, or let go at Large, any Stone Horse or Horses, of Two Years old, unless such Horse or Horses shall be at least Thirteen Hands in Height, under certain Penalties and Forfeitures in said Act Specified; And whereas the suffering Horses of that Age and Size is found prejudicial to the Breed;

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, no Person Whatsoever in this Province shall suffer, or let go at large, any Stone Horse or Horses, of Two years Old or Upwards, unless such Horse or Horses, shall be at least fourteen hands in height, upon penalty of forfeiting such horse or horses, or the sum of Twenty Shillings, to the taker up of every such Stone Horse, provided the same be found running at large not within the Confine of any Fence, Water, Marsh, or Swamp; any Thing contained in the aforesaid Act, to the contrary notwithstanding.

CHAPTER X.
An Act for dividing the County of Mecklenburg, and other Purposes.

I. Whereas by Reason of the large Extent of the County of Mecklenburg, it is greatly inconvenient for the Inhabitants to attend the Courts of the aforesaid County, and other Public Duties by Law required;

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the Tenth Day of April next, the said County of Mecklenburg shall be, and is hereby divided into Two distinct Counties and Parishes, by a Line beginning at Earl Granville's Line; where it Crosses the Catawba River; and the said River to be the Line to the South Carolina Line; and that all that Part of the said County which lies to the Eastward of the said dividing Line shall be a distinct County and Parish, and remain and be called by the Name of Mecklenburg County, and

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St. Martin's Parish; and that all that Part of the County lying to the Westward of the said dividing line shall be one other distinct County and Parish, and be and remain by the Name of Tryon County, and St. Thomas's Parish.

III. And be it further Enacted by the Authority aforesaid, That after the said Tenth Day of April next, the Court for the said County of Mecklenburg shall be constantly held by the Justices thereof at the Court House in the said County, on the Third Tuesday in April, July, October, and January; and also that the Court for the said County of Tryon shall be constantly held by the Justices thereof at such Place as shall be laid off and agreed upon by the Commissioners hereinafter named, for the directing and agreeing with Workmen for building the Public Buildings for the said County of Tryon, upon the Fourth Tuesday in April, July, October, and January, in every Year as by the Laws of this Province is or shall be provided, and by Commission shall be directed to the Justices of the said Counties Respectively.

IV. And whereas the Court House of the said County of Mecklenburg already built is not central, Be it further Enacted by the Authority aforesaid, That it shall and may be lawful (at any Time after the Expiration of Seven Years from the passing of this Act) for the Justices, with the Consent of the Majority of the Freeholders of the said County, to sell and dispose of such Court House, Prison, and Stocks, already Built, and to erect and build another Court House, Prison, and Stocks, at any other Place in the said County more central; And the Justices of the said County are hereby Authorized and impowered to apply the Money arising from the Sale of the old Court House, Prison, and Stocks towards building such new Court House, Prison and Stocks; and also to lay a Tax on each and every Taxable Person in the said County, sufficient to erect and finish such new Court House, Prison, and Stocks; to be collected by the Sheriff of the said County, and accounted for and paid to the Justices of the said County, in the same Manner as he is by Law to account for and pay other County Taxes; to be applied by the Justices of the said County towards erecting and Building the said Court House, Prison and Stocks, according to the True Intent and Meaning of this Act.

V. And be it further Enacted, by the Authority aforesaid, That nothing herein contained shall be construed to debar the Sheriff of the said County of Mecklenburg, as it now stands undivided, to make distress for any levies, Fees, or other Duties, that shall be due from the Inhabitants of the said County on the said Tenth Day of April, in the same Manner as he might have done by law, if the said County had remained undivided; and the said levies, Fees and other Duties, shall be accounted for in the same Manner as if this Act had never been Made; any Thing herein contained, to the contrary, notwithstanding.

VI. Provided always, That nothing herein contained shall be construed, deemed, or taken, to alter or derogate from the Right and Royal Prerogative of his Majesty, his Heirs and Successors, of granting Letters of Incorporation to the said County of Tryon; and of Ordering, appointing, and directing, the election of Members to represent the same in Assembly; and granting Markets and Fairs to be kept and held in the said County; but that the said Right and Prerogative shall and may, at all Times hereafter, be exercised therein by his said Majesty, his Heirs and Successors, in as full and ample Manner, to all Intents and Purposes whatsoever, as if this Act had never been Made.

VII. And be it further Enacted, by the Authority aforesaid, That Thomas Neal, Henry Clark, William Yancey, Daniel Warlock, Jacob Forney, John

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Gordon and William Watson, and the Survivor or Survivors of them, be, and are hereby appointed Commissioners; and are hereby impowered and directed to agree and contract with Workmen for erecting and building a Court House, Prison, and Stocks, for the Use of the said County of Tryon.

VIII. And for reimbursing the said Commissioners the Money they shall expend in erecting the said Buildings, Be it further Enacted, by the Authority aforesaid, That a Poll Tax of Two Shillings, Proclamation Money, per Annum, shall be levied on each Taxable Person in the said County of Tryon, for Two Years, next after the said Tenth Day of April: And that all Persons who shall neglect to pay the said Tax till after the Tenth Day of March, in each Year, shall be thereafter liable to the same Distress as for non-Payment of Public Taxes; and the Sheriff of the said County is hereby required and directed, on or before the Tenth Day of June in the said Years, respectively to account for, and pay the Money by him so collected, to the Commissioners aforesaid, after deducting Eight Per Cent. for his Trouble in collecting the same; and in Case of Failure or Neglect therein by the Sheriff, he shall be liable to the same Penalties, as by Law may be had against Sheriffs who neglect or refuse to account for and pay Public Taxes.

IX. Provided nevertheless, That if the Money so to be Collected shall be more than sufficient to answer the Purposes aforesaid, the Commissioners shall account for, and pay the overplus thereof to the Justices of the said County of Tryon, to be applied towards defraying the Contingent Charges of the said County.

X. And be it further Enacted, by the Authority aforesaid, That the Sheriff of the County of Tryon for the Time being, after the said Tenth Day of April, shall Account with, and pay to the Public Treasurer of the Southern District of this Province, all Public Taxes by him collected; under the like Rules and Restrictions, Pains, Penalties, Process, and Remedy, as other Sheriffs are by Law subject to in like Cases.

XI. And be it further Enacted by the Authority aforesaid, That after the said Tenth Day of April the County of Tryon shall be, continue, and remain Part of the District of the Superior Court for the District of Salisbury; And the Justices of the said Inferior Court of Tryon shall, and they are hereby directed, before every Superior Court held for the District aforesaid, to nominate and appoint Six Freeholders to serve as Grand and Petit Jurors at such Superior Court; a List of which Jurors so nominated, shall be delivered by the Clerk of such Court to the Sheriff, who shall and is hereby required to summons the Persons so nominated to serve as Jurymen at the said Superior Court; which Jurymen so Nominated, shall have and receive the same allowance, and shall be under the same Rules, Fines and Restrictions, as other Jurymen in the respective Counties of this Province.

XII. And whereas the Number of Jurors to serve at the Superior Court in Salisbury, for the County of Mecklenburg, were formerly Seven Grand and Seven Petit Jurors; Be it Enacted by the Authority aforesaid, That the Justices of the County of Mecklenburg shall, for the Future, appoint only Four Persons to serve as Grand Jurors, and Four Persons to serve as Petit Jurors, at the said Superior Court of Salisbury; any Law, Usage, or Custom, to the contrary, notwithstanding.

XIII. And be it further Enacted, by the Authority aforesaid, That the Freeholders of the said Parishes of St. Martin, and St. Thomas, respectively, shall, on next Easter Monday, meet at the Places where the Inferior Courts of the Counties of Mecklenburg and Tryon are held, then and there to choose and elect Vestrymen for the said Parishes of St. Thomas and St. Martin; which Vestrymen shall be chosen, and invested with the same Powers and

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authorities, and liable to the same Rules, Restrictions, and Penalties, as the Vestries are by Law subjected to; Which Vestrymen so chosen and elected, shall be and remain the Vestries of the said Parishes of St. Martin and St. Thomas, until the Time by Law appointed for the election of Vestrymen throughout this Province.

CHAPTER XI.
An Act for establishing a Town in Mecklenburg County.

I. Whereas it hath been represented to this Assembly that Three Hundred and Sixty Acres of Land was granted to John Frobock, Abraham Alexander, and Thomas Polk, as Commissioners, in Trust for the County aforesaid, for erecting a Court House, Prison and Stocks, for the Use of said County; which said Three Hundred and Sixty Acres of Land was afterwards by them laid off into a Town and Common; and that Part of the said Three Hundred and Sixty Acres of Land hath likewise been laid out into Lots, of Half an acre each, on some of which good habitable Houses have been erected; and that by Reason of the Healthiness of the Place aforesaid, and convenient Situation thereof for Trade, the same might soon become considerable, if it was erected into a Town by Lawful Authority, to which the said Frobock, Abraham Alexander, and Thomas Polk, Commissioners aforesaid, who are now seized in Fee of the said Three Hundred and Sixty Acres, and those who claim under them, having consented.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the said Three Hundred and Sixty Acres of Land, so laid off by the Commissioners or Trustees as aforesaid, be, and the same is hereby constituted, erected, and established, a Town and Town Common, and shall be called by the Name of Charlotte.

III. And be it further Enacted, by the Authority aforesaid, That John Frobock, Abraham Alexander, Thomas Polk, Richard Berry, Esquires, and George Allen, and every of them be, and are hereby appointed Directors and Trustees for directing the Building and carrying on the said Town; and they shall stand seized of an indefeasible Estate, in Fee, in the said Three Hundred and Sixty Acres of Land, to and for the Uses, Intents and Purposes, hereby expressed and declared; and they or the Majority of them, shall have full Power and Authority to meet, as often as they shall think necessary, and cause an exact Plan of One Hundred Acres of the said Land to be made, as near as may be, agreeable to the Streets and lots already laid out, and the Residue thereof shall be, and remain for a Common thereto; and that the said Directors shall insert a Mark or Number on each Lot; which said Plan shall be kept in some convenient Place in the said Town, for the View of such Persons who have, or incline to have a Lot or Lots in the same.

IV. And whereas eighty Lots, already laid off in the said Town, have been Purchased; Be it therefore Enacted by the Authority aforesaid, That the said Directors, or the Majority of them, shall make and execute Deeds for granting and conveying the said Eighty Lots to the Purchasers, their Heirs and Assigns forever; and also to every other Person who shall purchase any other Lot or Lots in the said Town, at the Cost and Charges of the Grantee to whom the same shall be conveyed, he or they paying to the Treasurer hereinafter appointed, the annual Rent of One Shilling, for each and every Lot; and every Person claiming any Lot or Lots by Virtue of any such conveyance, shall and may hold the same in fee simple.

V. Provided nevertheless, That every Grantee of any Lot or Lots in the

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said Town so conveyed, or hereafter to be conveyed, shall, within Three Years next after the Date of the Conveyance for the same, erect and build on each Lot so conveyed, one well framed sawed or hewed Log House, twenty Feet in length, and sixteen Feet wide, and Ten Feet high in the Clear, with a Brick or Stone Chimney or Chimnies, or proportionable to such Dimensions, if such Grantee shall have Two or more Lots in said Town; And if the Owner of any Lot shall not pursue and comply with the Directions in this Act Prescribed for building and finishing a House thereon, then such Lot upon which such House shall not be built and finished shall be revested in the said Directors; and they or the Majority of them, may, and are hereby impowered and authorized, to sell such Lot for the Best Price that can be had, to any Person applying for the same, in such Manner, and under such Restrictions, as they could or might have done if such Lot had not before been sold or granted; and the Money arising by such Sale to be applied as the Directors, or the Majority of them, shall think proper, for the Use of the Town.

VI. And be it further Enacted, by the Authority aforesaid, That Thomas Polk be, and is hereby appointed Treasurer of the said Town; who shall enter into Bond, with sufficient Security, to the Directors of the said Town, in the Penal Sum of Five Hundred Pounds, that he will well and truly account with and pay the Monies he shall receive in Virtue of his Office, to such Person or Persons as by this Act he is directed: And on the Death, or removal out of the County of the said Treasurer, the remaining Directors, or the Majority of them, by Certificate under their Hands and Seals, shall nominate and appoint one other of the said Directors to be Treasurer of the said Town; and so in like Manner, from Time to Time, as often as the said Office shall become vacant as aforesaid; and such Treasurer or Treasurers shall enter into Bond, with Security, in the same Manner as the Treasurer by this Act appointed.

VII. And be it further Enacted by the Authority aforesaid, That in Case of the death, Refusal to act, or Removal out of the County, of any of the said Directors, the surviving or other Directors, or the Majority of them, shall, and are hereby impowered, from Time to Time, by Instrument of Writing, under their respective Hands and Seals, to nominate some other Person, being an Inhabitant or Freeholder in said Town, in the Place of him so dying or refusing to Act, or removing out of the said County; which Director so nominated and appointed shall, from thenceforth, have the like Power and authority, in all things in the Matters herein contained, as if he had been expressed by Name and appointed by this Act.

CHAPTER XII.
An Act for establishing a Town on the Land of Benjamin Wynns, on Chowan River.

I. Whereas it hath been represented to this Assembly, that the Lands of Benjamin Wynns, lying on the South West side of Chowan River, in Hertford County, where the Court House and other Public Buildings are erected, is a Healthy, pleasant Situation, well watered, and commodious for Commerce; and the said Benjamin Wynns having signified his free Consent, by a Certificate under his Hand and Seal, to have One Hundred Acres of the said Land laid off for a Town and Fifty Acres for Town Common; which will greatly promote the Trade and Navigation of the said River:

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

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by the Authority of the same, That the Directors or Trustees hereafter appointed, or the Majority of them, shall, as soon as may be, after the passing of this Act, cause the said One Hundred Acres to be laid off in Lots of half Acres each, with convenient Streets, Lanes, and Alleys; which Lots so laid off according to the Directions of this Act, is hereby constituted, erected, and established a Town, and shall be called by the Name of Winton.

III. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act, Henry Hill, William Murfee, John Baker, Mathias Brickill, Joseph Dickinson, Henry King, and Benjamin Wynns, be, and they, and every of them, are hereby constituted Directors and Trustees, for the designing, building, and carrying on the said Town; and they shall stand seized of an Indefeasible Estate, in Fee Simple, of the said One Hundred and Fifty Acres of Land, to and for the Uses, Intents, and Purposes, hereby expressed and declared; and they or any Four of them, shall have full Power and Authority, to meet, as often as they shall think necessary, and cause a Plan thereof to be Made, and therein to insert a Mark, or Number to each lot, and as soon as the said Town shall be laid off as aforesaid, they, and each of them, shall have Power to take subscriptions for the said Lots, of such Persons as are willing to subscribe for them; And when the said Directors have taken Subscriptions for Eighty Lots, or upwards, they shall appoint a Day, and give Public Notice to the Subscribers, of the Day and Place appointed for the drawing of the said Lots; which shall be done by Ballot, in a Fair and Open Manner, by the Direction, and in the presence of the Majority of the said Directors, at least; and such Subscriber shall be entitled to the Lot and Lots which shall happen to be drawn for him, and correspond with the Mark or Number contained in the Plan of the said Town; And the said Directors or the Majority of them, shall make and execute Deeds for granting and conveying the said One Hundred Acres of Land, in Half Acres as aforesaid, to the subscribers, their Heirs and Assigns, forever; and also, to every other Person who shall purchase any other Lot or Lots in the said Town, at the Cost and Charges of the said Grantee to whom the said Lot or Lots shall be conveyed; and every Person claiming any Lot or Lots by Virtue of any Such Conveyance, shall and may hold and enjoy the same in Fee Simple.

IV. Provided nevertheless, That every Grantee 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 shall have two or more Lots contiguous: And if the Owner of any Lot or Lots shall fail to comply with the Directions in this Act prescribed, for building and finishing a House thereon, then such Lot or Lots upon which such House shall not be built and finished as aforesaid, shall be revested in the said Directors; and the said Directors or a Majority of them, may, and they are hereby impowered and authorized, to sell such Lot or Lots for the best Price that can be had, to any Person applying for the same, and grant and convey such Lot or Lots to such Person or Persons, under the like Rules, Regulations, and restrictions, as the same was, or were formerly granted; and the Money arising from such Sale, be applied by the said Directors, or a Majority of them, for the Benefit and Improvement of the said Town.

V. And be it further Enacted by the Authority aforesaid, That each respective Subscriber who shall subscribe for any Lot or Lots in the said Town, shall, within One Month after it shall be ascertained to whom each of

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the said Lots doth belong, in Manner hereinbefore Mentioned, pay and satisfy to the said Directors, or one of them the Sum of Fifty Shillings, Proclamation Money, for each Lot by him subscribed for: And in Case of the Refusal or Neglect of any Subscriber to pay the said Sum, the said Directors shall and may commence and prosecute a Suit, in their own Name for the same, and therein shall recover Judgment, with Costs of Suit: And the said Directors shall, as soon as they receive the said Money, pay and satisfy to the said Benjamin Wynns, his Heirs or Assigns, the Sum of Forty Five Shillings, Proclamation Money, for each Lot, in full satisfaction for the said Land; and the other Five Shillings shall be applied towards defraying the Expence of laying off and improving the said Town, as a Majority of the Directors shall think proper.

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

VII. Provided nevertheless, That the said Benjamin Wynns shall have, to his own Use, the Dwelling House, and other out Houses thereon, with such Lots as he shall choose adjoining them, not exceeding Eight Lots, exclusive of the said One Hundred Acres; And the Court of the said County, or their Successors, shall not have Power to appoint a Public or other Ferry at the said Town, in Prejudice to the said Benjamin Wynns; but that the keeping of the said Ferry from his Own Land, on the North Side of the said River, to the said Town; and from the said Town to the North side of the said River, shall be and remain unto the said Benjamin Wynns, his Heirs and Assigns, until he or they shall refuse to comply with the Terms by Law prescribed for erecting and keeping Public Ferries.

CHAPTER XIII.
An Act to amend an Act, entitled, An Additional Act to an Act, entitled, An Act to prevent killing Deer at unseasonable Times; and for putting a Stop to many Abuses committed by White Persons, under Pretence of Hunting.

I. Whereas by the before recited Act, Persons who have no settled Habitation or not tending Five Thousand Corn Hills, are prohibited from Hunting, under the Penalty of Five Pounds, and Forfeiting of his Gun; which by Experience, has been found not to answer the Purposes intended by said Act; many Disorderly and Dissolute Persons, having no Habitation of their Own, still continue to hunt on the King's Waste, and the Lands of other Persons, and kill Deer, and leave the Carcasses in the Woods; by which Means the Wolves, Bears, and other Vermin, are fed and raised; to the great Damages of many of the Inhabitants of this Province; and the Fines being difficult of Recovery, by Means of Persons, having no property of their Own, assembling in great Numbers, and camping in the Woods, and kill Deer, burn and destroy the Range, burn Fences and commit many other Injuries to the Inhabitants

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of this Province; and associate for the Mutual Protection and Defence of each other, against any Person or Persons who shall attempt to execute any Precept on any of them; For Remedy whereof;

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the First Day of January next, no Person whatsoever (Masters and Slaves excepted) not having a Freehold of One Hundred Acres of Land within this Province, or tending ten Thousand Corn hills, at least, Five Feet distance each, shall hunt or kill Deer; under the Penalty of Ten Pounds, Proclamation Money, for every Offence; and moreover shall forfeit his Gun, or the Value thereof; to be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record within this Province, by any Person who will prosecute for the same, wherein upon conviction over and above the said Penalty and Forfeiture as aforesaid, the Defendant shall be committed to gaol, by order of the Court; there to remain without Bail or Mainprize, for One Month.

III. And be it further Enacted, by the Authority aforesaid, That upon Action of Debt, Information or Indictment, being prosecuted for the above Penalty, the Sheriff who shall execute the Writ, shall take two sufficient securities for the Defendant's Appearance, at the Court to which the same, by the Tenor thereof is made returnable; which Bail so taken, shall be subject and liable as in other Cases; and on Failure thereof, or an Exception being taken to the said Bail, the same shall be deemed insufficient, then, and in that Case, the Sheriff shall stand and be taken as special Bail.

IV. Provided nevertheless, That the Sheriff may surrender the Defendant in Discharge of himself, at any Time before Final Judgment had against the defendant.

V. Provided also, That nothing herein contained, shall extend to bar or hinder an Overseer of a Slave or Slaves from hunting or killing Deer with a Gun on his Employers Lands, or the waste Lands of the King, or Lord Granville, within Five Miles of the Residence of such Overseer.

VI. And whereas by reason of the Insurrections of many illegal Proceedings of sundry of the Inhabitants of this Province, the County Gaols are become almost useless; many persons who are committed thereto being released by Force, the said Gaols being remote from the Residence of the Sheriffs, who might prevent such Breakings as aforesaid, by raising sufficient Force for that Purpose: Therefore be it Enacted by the Authority aforesaid, That upon Suit being commenced on Action of Debt, Information, etc., in a Superior Court, if the Defendant shall fail to give such Security as aforesaid, that then the Sheriff shall commit the Defendant to the Gaol of the Superior Court for the District to which the same is made returnable.

VII. And be it further Enacted by the Authority aforesaid, That the Sheriff shall have, for the services he shall perform in a Suit brought as aforesaid, the same Fees and allowances as in other Cases on Action Brought, Information, or Indictment prosecuted, and subject and liable for taking greater Fees, in the same Manner as in other Cases.

VIII. And be it further Enacted, by the Authority aforesaid, That no white Person whatsoever shall, on any Pretence, presume to hunt with Dogs, or otherwise, or drive or kill any Deer or Game on any Persons Lands, without Leave of the Owner of such Land; under the Penalty of Five Pounds, Proclamation Money, for each Offence; to be recovered by Action of Debt, in the Inferior Court of the County wherein the Offence shall be committed, by the Owner of the said Land.

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CHAPTER XIV.
An Act preventing the frequent Abuse in taking up and secreting of Stray Horses, in the Counties of Orange, Granville, Bute, Rowan, Anson, Mecklenburg, Johnston, Dobbs, Halifax, Edgecomb, Northampton, Hertford, Tyrrel, Craven, and Pitt. (a).

I. Whereas it is common for Horses to stray away from their respective Owners; by Reason whereof the Owners are often Subject to much Loss, Difficulty, and Expence, before they can regain the Possession of such Horses.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That every Freeholder within the Counties before mentioned, who from and after the passing of this Act, shall take up any stray Horse, Mare, Gelding, or Colt, shall, within Ten Days after the taking up of such Stray, the Owner of such Stray being unknown to him, lead the same before the Ranger of the County, appointed by his Excellency the Governor or Commander in Chief for the Time being, where taken up, and make Oath before such Ranger to the Time of taking up the same, and that it was taken up on his land; and also to the Brands and Marks it then had, and that the same have not been altered or defaced since the taking up thereof; whereupon such Ranger is required to issue his summons to any Two Honest Freeholders of the Neighborhood, who after taking an Oath before the Ranger to that Purpose, who is hereby authorized to administer any Oath by this Act directed, shall view and appraise such Stray; which Appraisement with a particular and exact Description of the Marks, Brands, Stature, and Age of such Horse, Mare, Gelding or Colt, together with the Time of Taking up of such Stray, and Place of abode of the Person taking up the same, shall by such Ranger, be entered in a Book to be by him kept for that Purpose; and thereupon the said Ranger shall have paid to him by the Person taking up the Stray, Five Shillings, Proclamation Money; And the Person taking up such Stray Horse, Mare, Gelding, or Colt, for his Trouble and Expence in taking the same to the Ranger, and paying as aforesaid, for the services to be done by the Ranger, may demand, take and receive, of the Person claiming the Property of the said Horse, Mare, Gelding, or Colt, Ten Shillings, Proclamation Money.

III. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Person taking up any Stray, to keep Possession of the same; and at the Expiration of Ten Days, after Appraisement as aforesaid, and no Property proved by the Owner thereof, moderately to use the same provided the said Horse, Mare, or Gelding, shall not be sent or rode at any Time out of the County where taken up.

IV. And be it further Enacted, by the Authority aforesaid, That the Property of every Stray Horse, Mare, Gelding, or Colt, after such Appraisement, shall be deemed to be vested in the Person taking up the same; nevertheless it shall and may be lawful for the Former Owner thereof, at any Time within Twelve Months after such Appraisement as aforesaid, on proving his Property to such Stray, by his Own Oath, or otherwise, either to demand or recover such stray, or the Valuation Money, at the Election of the Owner, deducting there from the Reward hereby allowed for taking up the same, and the Money by him paid the Ranger for his Services: And in Case the Former owner shall not, within Twelve Months from the Time of taking up the same, make claim to such Horse, Mare, Gelding, or Colt, and prove on Oath or otherwise, the Property therein, the same shall belong to,

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and is hereby declared to be the absolute Property of the Person taking up of such Stray; but it shall in like Manner, be lawful for the former Owner thereof, at any Time afterwards, upon proving his Property by the Oath of One or More indifferent Witnesses, to demand and recover of the Person taking up the same, the appraised Value of such Horse, Mare, Gelding, or Colt, deducting therefrom the Ranger's Fee, and the Reward for taking up the said stray.

V. Provided always, That if after the Appraisement of any Stray, and Entry made thereof, with the Ranger aforesaid, such Stray should happen to die, before the Owner thereof shall make claim, and prove his or her Right, the Person taking up such Stray shall not be answerable for the same, unless such Death appears to have been occasioned by ill Usage or abuse.

VI. And be it further Enacted by the Authority aforesaid, That if any Person not being a Freeholder shall presume to take up any Stray; or if any Freeholder shall take up any such Stray, at any other Place than on his own Land, he or she so Offending shall, for every such Offence, forfeit and pay Five Pounds to the Owner thereof; to be recovered with Costs, before any Jurisdiction, having Cognizance thereof, and be further liable to the Action of the Party grieved.

VII. Provided nevertheless, That nothing herein contained shall extend to prevent any Freeholder, or other Person, from taking up any Stray Horse, Mare, Gelding, or Colt, and carrying the same immediately to the Owner thereof. (a).

IX. And to the End that Horses heretofore strayed away may be recovered by their respective Owners; Be it further Enacted by the Authority aforesaid That all and every Person who hath at any Time within Three Years before the passing of this Act, taken up any Stray Horse, Mare, Gelding, or Colt, and hath not as yet discovered the Owner thereof, and returned the same; such Person shall, within three Months after the passing of this Act, take such Stray before the Ranger of the County where taken up; and thereupon the same Proceedings shall be had, and the like Rules observed, under the same Rewards, and liable to the same Forfeitures, as in and by this Act is directed to be had and observed concerning of Strays hereafter to be taken up.

X. And be it further Enacted, by the Authority aforesaid, That for the more Speedy Recovery of Strays, it shall and may be lawful for any Person, at all times hereafter, to look over and search the Entry Book by this Act directed to be kept by the Ranger of each County in this Act Named, for Information of any Horse, Mare, Gelding, or Colt, which heretofore has, or hereafter may stray away from the Owner thereof; the Person requesting such Search first paying Eight Pence, Proclamation Money, therefor, to the Ranger keeping such Book.

XI. And be it further Enacted by the Authority aforesaid, That every Ranger appointed in Virtue of this Act, within the Counties aforesaid, shall, immediately after his appointment to said Office, advertise the same at the Door of the Court House, and at each Church and Chapel within the County whereof he is appointed Ranger.

XII. And be it further Enacted, by the Authority aforesaid, That all and every Act and Acts heretofore made concerning taking up Stray Horses, within the Purview of this Act, is, and stands hereby repealed.

XIII. And be it further Enacted by the Authority aforesaid, That this Act shall continue in Force, for and during Three Years, from and after the

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passing thereof, and till the End of the next Session of Assembly, and no longer.

CHAPTER XV.
An Act to encourage the Importation of British Copper Half Pence, and for making them a Tender for the Payment of small Debts.

(Printed in Private Acts, post.)

CHAPTER XVI.
An Act to appoint Commissioners to Build a Prison, Pillory, and Stocks, on the Lot whereon the Court House now stands, in Duplin County.

I. Whereas the Prison in the County of Duplin being lately burnt Down, and it being necessary a new Prison should be erected in said County;

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the Hon. John Sampson, Esquire, Felix Kennan, Esquire, and Mr. David Thompson, be, and 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, on the Lot whereon the Court House now stands; And if any of the Commissioners appointed by this Act should die, remove out of the County, or refuse to act, the remaining Commissioners shall appoint another Commissioner or Commissioners, in the Room or Stead of such Commissioner or Commissioners so dying, removing, or refusing to act; and the Commissioners so appointed shall have the same Powers as the Commissioners appointed by this Act.

III. And whereas there is a considerable Sum of Money belonging to the said County in the Hands of the Sheriff, unappropriated; Be it further Enacted, by the Authority aforesaid, That the said Commissioners shall and may demand and receive, of and from the Sheriff of the County of Duplin, so much Money, not exceeding one Hundred and Twenty Pounds, as they shall think necessary, for compleating the Buildings aforesaid; and shall by the said Commissioners be applied to the Discharge of their Contracts for the Building and finishing the same.

IV. And be it further Enacted, by the Authority aforesaid, That the said Commissioners, after the Buildings aforesaid shall be erected and finished, shall render an Account of the Monies by them received of the Sheriff by Virtue of this Act, together with that of their Disbursements, to the Inferior Court of Duplin County, for the Inspection and Approbation of the Justices thereof.

CHAPTER XVII.
An Act to continue an Act, entituled an Act to amend an Act entituled, An Act for the Regulation of the Town of Wilmington.

(Printed in Private Acts, post.)

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CHAPTER XVIII.
An Act for declaring certain Lots in the Town of New Bern, taken up by the Trustees for promoting the Public Schools in the said Town, saved and improved according to Law; and to impower the said Trustees to collect the Subscriptions due to the said School. Expunged.

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

[Full text of this chapter is available at vol. 25, p. 516-517.]

CHAPTER XX.
An Act for altering the Times of holding the Inferior Courts of the Counties therein Mentioned.

I. Whereas, the Days heretofore appointed by Law for holding the Inferior Courts in the Counties of Rowan, Anson, Granville, Halifax, and Hertford, have been found Inconvenient for those whose Business it is to attend such Courts:

II. Be it therefore Enacted by the Governor, Council and Assembly, and by the Authority of the same, That from and after the Passing of this Act, the 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, Anson, on the Second Tuesday in January, April, July and October; Granville, on the Third Tuesday in January, April, July, and October; Rowan on the Second Tuesday in February, May, August, and November; Hertford on the Third Tuesday in February, May, August and November; Halifax on the Third Tuesday in February, May, August, and November, in each Year, for and during the space of Four Years, and from thence to the End of the next Session of Assembly, and no longer; any Thing Contained in any Act of Assembly, passed this present, or any Former Session to the contrary, notwithstading.

III. 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 aforesaid, 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, shall be as Effectual as if the Particular Days for holding any of the said Courts had been mentioned therein; and the Persons summoned as Witnesses, and entering into such Recognizances, shall, be bound to appear accordingly.

IV. And whereas some Doubts have arisen whether certain Inferior Courts within this Province, not named in an Act, 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, are continued by the said Act; Be it therefore Enacted, by the Authority aforesaid, and it is hereby declared, That the said Inferior Courts of Pleas and Quarter Sessions within this Province, not named in the Aforesaid Act, and all Pleas, Process, and Proceedings therein, of what Nature or Kind soever, are, and shall be continued to the respective Days and Times for holding the same,

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specified in An Act entitled, An Act to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province, for and during the Continuance of the said Act herein last mentioned: And that all proceedings heretofore had in such Inferior Courts, held on the respective Days and Times so specified as aforesaid, are hereby declared Valid, to all Intents and Purposes, as if the same Courts had been expressly mentioned in the said Act herein last Mentioned.

V. 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 of another Act, 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 comes within the Purview of this Act, is, and shall be from Henceforth repealed and made void.

CHAPTER XXI.
An Act for making Provision for the Payment of the Forces raised to suppress the late Insurrection on the Western Frontiers, providing for the Public Claims, and for the more easy Collecting the annual Taxes of Government.

I. Whereas from a late dangerous Insurrection in the Western Frontier Counties in this Province, for the Suppression whereof his Excellency the Governor was obliged to raise Detachments of the Militia, a large Debt is become Due for the Payment and subsistence of those Troops; and the great Scarcity of Money rendering it impossible to raise a Sufficient Sum to pay off that Debt, or to discharge the large Sums due from the Public, for running the Dividing Line between this Province and The Indian Hunting Grounds, and other Claims on the Treasury; it is but Just and equitable that those Troops, as well as the other Creditors of the Public, should have their Demands secured by Certificates on the Public Treasury.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the Persons herein after Named may, and they are hereby authorized and impowered, to make and Sign Certificates or Notes, on the Public Treasury, of such Denominations as they shall think convenient not exceeding the amount of Twenty Thousand Pounds, Proclamation Standard.

III. And for discharging the same, Be it Enacted by the Authority aforesaid, That a Poll Tax of Two Shillings, Proclamation, shall be levied on each Taxable Person in this Province, to commence for the Year One Thousand Seven Hundred and Seventy One, and continue until the Sum for the above mentioned Certificates be fully raised; which Tax shall be paid into the Public Treasury, annually, by the Sheriffs; under the same Penalties, Rules, and Restrictions, and with the same Allowances, as for other Public Taxes, either in the Commodities as herein after rated, Proclamation Bills, or Gold and Silver; and the Produce of the said Tax shall be applied in Payment of the said Certificates; which Certificates shall be in the Form Following, viz:

“The Province of North Carolina is indebted to the Possessor hereof —— Proclamation Money, to be paid out of the Public Treasury, on Demand, at any Time after the Tenth Day of June, One Thousand Seven Hundred and Seventy Two, according to Act of Assembly, passed December, 1768.”

IV. And be it further Enacted, That the Honorable James Hasell, and Lewis de Rosset, Esquires, Richard Caswell, and Thomas Clifford Howe,

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Esqrs., shall make and sign the Certificates, in the Form aforesaid, to the Value afore mentioned, for which they shall be allowed One Per Cent. and after Making and signing the said Certificates, they shall forthwith deliver the same to the Public Treasurers; who are hereby ordered and impowered to give and deliver to such Person or Persons respectively, to whom the Public shall stand Indebted at the Time of passing this Act, so much in Value in the said Certificates as shall amount to their respective Demands, to serve as a Testimony and Security of the Debt so due, till the same shall be paid off and discharged, by the Taxes as herein ordered to be levied and collected for that Purpose.

V. And the better to enable the Industrious Poor of this Province to discharge their annual Taxes (except the sinking Taxes heretofore laid) Be it Enacted, by the Authority aforesaid, That Inspectors Promissory Notes or Receipts for the following Commodities, being Good and merchantable, and Inspected and passed as such, at the Inspections by Law established, shall be received by the Sheriffs, or other Collectors of the Public Taxes, in Discharge of such Taxes, at the rates following, viz.: Tobacco at fifteen Shillings per Hundred Weight; Hemp, entitled to a Bounty of Forty Shillings per hundred Weight; Rice, at Twelve Shillings per hundred Weight; Indigo, at four Shillings per pound; Bees Wax at one shilling per pound; Myrtle Wax, at eight Pence per Pound; Tallow at Six Pence per pound; Indian dressed deer Skins, not weighing less than one pound each, at two shillings and six pence per pound. And all Sheriffs, and other Collectors of Taxes, are hereby required to receive such Inspectors Notes, from any Person offering the same in Payment of Taxes, (except on the sinking Taxes herein before excepted) at the Rates above specified, so that they be tendered between the first day of January and the Tenth day of March, in each Year, and not after; and so that the Commodity for which the Inspectors Promissory Note, so tendered, was given, shall have been duly inspected and passed within Three Months of the Time of tendering the same to the Sheriff or collector; And every such Officer who shall receive any such Inspectors Notes for Taxes, shall, at the First Court for his County after the Tenth Day of March, in each Year, on the second Day of the Court, between the Hours of Twelve and three O'clock in the afternoon, due Proclamation thereof being first made, expose to sale at Public Vendue, at the Court House Door, all such Commodities as he shall have received in Virtue of this Act, for the Most that can be got for the same; And at the Time by Law appointed for settling with the Public Treasurer of his District, such Sheriff shall pay over to the said Treasurer, the Monies arising from such Sale; and also to deliver to him an Authenticated Account of the Number of Poll for whose Taxes he received the said Commodities, with the Account of the Sales of the same.

VI. And be it further Enacted by the Authority aforesaid, That the said Honorable James Hasell, and Lewis DeRossett, Esqrs., Richard Caswell and Thomas Clifford Howe, Esqrs., shall, before they make and sign any of the Certificates aforesaid, enter into Bond, with sufficient Securities, to our Sovereign Lord the King, in the Sum of Twenty Thousand Pounds Sterling, with Condition for their honest, true, and faithful Discharge of the Trust aforesaid; and that they will not make and sign any other, or to a greater Amount of the said Certificates, than is herein before directed; and shall also make Oath, on the Holy Evangelists, before some Magistrate, to the same Purpose; which Bond shall be lodged in the Secretary's Office, and shall not be void on a First Recovery, but may be put in Suit on every different Breach of the Condition Thereof: And if any Person shall make and

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sign any Certificates in the Likeness and Similitude of those by this Act appointed, or in any Manner alter, counterfeit, or forge any such, or shall pass, or attempt to pass, any such altered, forged, or counterfeit Certificates, Knowing it to be such, shall, on Conviction thereof, be deemed a Felon, without Benefit of Clergy, and shall be adjudged and suffer accordingly.

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

Read three times and ratified in open Assembly, the 5th day of December, 1768.