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Acts of the North Carolina General Assembly, 1770 - 1771
North Carolina. General Assembly
December 05, 1770 - January 26, 1771
Volume 23, Pages 787-849

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LAWS OF NORTH CAROLINA, 1770.

At an Assembly begun and held at New Bern, the Fifth Day of December, in the eleventh 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 Seventy; being the first Session of this present Assembly. William Tryon, Esq., Governor.

CHAPTER I.
An Act for Preventing Tumults and Riotous Assemblies, for the more speedy and effectual punishing the Rioters, and for restoring and preserving the Public Peace of this Province.

(Printed in Private Acts, post).

CHAPTER II.
An Act to encourage the further Settlement of this Province.

(Printed in Private Acts, post).

[CHAPTER III.]
An Act for founding, establishing, and endowing of Queen's College, in the Town of Charlotte, in Mecklenburg County.

(Printed in Private Acts, post).

CHAPTER IV.
An Act for an Addition to, and Amendment of an Act, entitled, An Act for Appointing a Militia.

I. Whereas there are in divers parts of this Province several of the People called Quakers, who demean themselves in a quiet and Peaceable Manner, and from a religious Principle, are conscientiously scrupulous of bearing Arms, or appearing or answering to their Names in Muster Fields, and therefore subject to many Fines and Distresses to be made upon their Goods, to their great Hurt and Prejudice: For the Relief of such,

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the passing of this Act, the People called Quakers shall not be obliged to appear and muster at any general or Private Muster within this Province, nor be liable to any Fines or Penalties for not appearing and mustering; any Law, Usage, or Custom to the contrary, notwithstanding.

III. Provided nevertheless, and be it Enacted by the Authority aforesaid, That the Colonel or Chief Commanding Officer of the Militia in every County shall list all Male Persons of the people called Quakers, between the age of Sixteen and Sixty, within his County, under the Command of such Captain as the Governor, or Commander in Chief for the Time Being, shall think fit: And if upon any Invasion or Insurrection, the Militia of the Counties to

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which such Quakers belong shall be drawn out into actual service, and any Quakers so enlisted shall refuse to serve, or provide an able and sufficient Substitute in his Room, if thereto required by the Colonel, or Chief Officer of the Militia of his County; in such Case, every Quaker so refusing to serve, or provide a Substitute as aforesaid, shall forfeit and pay Ten Pounds; to be recovered before any Justice of the Peace of the County, upon Complaint of the Colonel or Chief Officer; and to be levied by Distress and Sale of the Estate of the Quaker so refusing; which Sum shall be applied, by the said Colonel or Chief Officer, towards providing a Substitute in the Room of such Quaker, upon whom the same shall be levied as aforesaid.

IV. Provided always, That the Number of Quakers required by the Colonel or Chief Officer of any County to serve, or find Substitutes as aforesaid, shall not exceed the Proportion the whole Number of Quakers bear to the whole Number of Militia upon the Muster Rolls of the said County.

V. Provided also, and be it further Enacted by the Authority aforesaid That no man under the Denomination of a Quaker shall be exempted from Musters and bearing Arms, or from paying such Fines and Forfeitures as by Law inflicted, in Case of Refusal or Neglect, without producing, if required by the Colonel or Chief Officer of the Militia, a Testimonial or Certificate from the Monthly Meeting, that he is considered and excepted a Member of that Society.

VI. Whereas by the before recited Act, Sundry Fines are directed to be paid by Persons who neglect or refuse to appear at Musters, or on Call or alarm given, to appear at such Times and Places as shall be appointed; and there being no Provisions made in the said Act, or by whom the Fines are to be Paid, of such Persons who are under age, or are Apprentices or Servants: Be it therefore Enacted by the Authority aforesaid, That the Father or where there is no Father living, the Mother of each and every Person under the age of Twenty One Years, shall be liable to the Payment of the Fines becoming due from their respective sons so under age; and the master, and where there is no master, the mistress of all such Apprentices and Servants shall be liable to the Payment of Fines becoming Due from their respective Apprentices and Servants: and shall and may be Proceeded against by the Officers of the Militia to recover the same, in the same Manner as is directed by the said Act against other Persons for the Recovery of the Fines imposed by the said Act.

VII. And be it further Enacted, by the Authority aforesaid, That no Person whatsoever shall be obliged to appear at any General or Private Muster, until he has been an Inhabitant of this Province Six Months; any Thing in the before Recited Act to the contrary notwithstanding.

VIII. And be it further Enacted, That this Act shall continue and be in Force for and during the Space of Five Years, and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER V.
An Act to Ascertain Attornies Fees.

I. Whereas it is necessary to ascertain what Fees Attornies may lawfully take and receive for their Trouble in conducting Causes in the respective Courts in this Province:

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same That it shall and may be lawful for each and

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every Attorney at Law to take and receive from their respective Clients, the following Fees, to-wit:

£. s. d.
For every Action in the Superior Court, except where the Title or Bounds of Lands come in Question the sum of 2 10 0
For every such Action in any Inferior Court 1 5 0
For every real Action, or such as respects the Title of Lands 5 0 0
For every Petition for the Recovery of Legacies, filial Portions, or Distributive Shares of Intestates Estates, if in the Superior Court 3 10 0
If in the Inferior Court 1 15 0
For every Opinion or Advice in Matters cognizable in the Superior Court where no suit is or shall be brought, or prosecuted or defended by the Attorney giving such Advice, but not otherwise 1 0 0
For every Opinion or Advice in Matters cognizable in the Inferior Court, where no suit is or shall be brought and prosecuted or defended by the Attorney giving such advice but not otherwise 0 10 0

And every Lawyer exacting, taking, receiving, or demanding, any greater Fee, or other Reward, for any of the above Services, shall forfeit and pay Fifty Pounds for every Offence; one Half to our Sovereign Lord the King towards defraying the Contingent charges of Government, and the other Half to the Person who shall sue for the same; to be recovered by an Action of Debt, in any Court of Record in this Province, having Cognizance thereof.

III. And be it further Enacted, by the Authority aforesaid, That the Clerk of each respective Court within this Province is hereby directed and required to tax in every Bill of Costs, where an Attorney shall have been actually employed by the Party who shall recover, or be otherwise entitled to receive, such Fee as is by this Act allowed, and no more.

IV. And be it further Enacted, That if any Attorney, in any Superior or Inferior Court, shall wittingly or willingly be guilty of any Neglect in any Cause, the Court before whom such Cause shall be depending, on Complaint and Proof thereof made within Six Months after such Neglect, shall have full Power and Authority to order such Attorney to pay all Costs occasioned by such Neglect. And every Bill, Bond, Promise, or other Engagement, of what Denomination soever, for the Payment of any other Larger Fees than before enumerated, shall be utterly Void and of no Effect; any Usage to the contrary notwithstanding.

V. Provided nevertheless, That it may be lawful for any Person, after the Determination of his Suit, to make his Lawyer a Larger Compensation for his Trouble, if he thinks he has merited the same; any Thing herein contained to the contrary notwithstanding.

CHAPTER VI.
An Act to amend an Act, entitled, An Act for appointing Sheriffs, and directing their Duty in Office.

I. Whereas many Hardships and Inconveniences have arisen from Sheriffs leaving this Province before they had accounted for the Public, County, and Parish Taxes, whereby their Securities have become liable

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for the Same; and no Provision having been made in the said Act for the Relief of such Securities:

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That every Sheriff who hath already removed himself, or hereafter may remove himself out of this Province, and shall have not accounted for the Public, County, and Parish Taxes, whereby the Securities of such Sheriffs have or may become liable for the same, it shall and may be lawful for such Securities, their Heirs, Executors, or Administrators, to receive and collect all the Arrears of Taxes which ought to have been collected by such Sheriffs, and if any Person or Persons, liable to pay such Taxes, shall or may fail to Pay the same to the Sheriffs, Securities as aforesaid, it shall and may be lawful for such Securities, their Heirs, Executors, or Administrators, to make Distress for all such Arrears of Taxes, in the same manner as Sheriffs are by Law impowered to distrain.

III. Provided always, That no such Distress shall be made until Public Notice be first given to the Inhabitants of the County, by advertising the same at the Court House, and several Chappels, within said County, at least one Month next before such Distress is intended to be made.

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

I. Be it Enacted by the Governor, Council, and Assembly, and by the authority of the same, That from and after the Time Inspectors are to be appointed by Virtue of this Act, no Flax Seed, Pork, Beef, Rice, Flour, Butter, Tar, Pitch, Turpentine, Staves, Heading, Shingles, Lumber, tanned Leather or Deer Skins, shall be exposed for sale for Exportation, or any Indigo paid in Discharge of Taxes, until the same shall be duly Inspected, under the Regulations herein after expressed; and the Justices in the Inferior Court in every County within this Province, are hereby authorized and required, at the First or Second Court to be held in each County, after the passing of this Act, and on the first Court in each County, respectively, which shall be held next after the first Day of January in each Succeeding Year, to nominate and appoint, in open Court, one or more fit or proper Person or Persons, residing in the. said County, to attend at such Times and Places as are by this Act appointed and directed (except at Wilmington in New Hanover County, where there shall be Two Inspectors, and no more) to inspect all such Hemp, Flax seed, Pork, Beef, Rice, Flour, Butter, Tar, Pitch, Turpentine, Staves, Heading, Shingles, Lumber, tanned Leather and Deer Skins, and Indigo, within the respective Counties, according to the Directions of this Act: And every Inspector so appointed, shall, before he enters upon or executes his Office, enter into Bond with Two or More good and sufficient Securities, in the Penalty of Five Hundred Pounds Proclamation Money, for the true and faithful Discharge of his Office, according to the Directions of this Act (which Bond and Securities every such Court respectively, is hereby impowered and required to demand and take, and cause to be acknowledged before them in open Court, and recorded) which Bond shall be made payable to the Governor or Commander in Chief for the Time Being, and shall be in Force for the Term of Three Years after such Inspector shall be out of Office; and that in the Name of the Governor or Commander in chief for the Time being, any Person or Persons injured, may and shall, at his, her or their costs and Charges, commence and prosecute a Suit or Suits on such Bond against the Parties therein bound, their Executors or

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Administrators, and shall and may recover all Damages which he, she, or they, may have sustained by Reason of the Breach of the Condition thereof; and the said Bond shall not become void upon the first Recovery, or if Judgment shall be given against any Plaintiff or Plaintiffs who shall sue on such Bond, but may be put in suit, and prosecuted from Time to Time, for the Benefit of the Party or Parties Injured, until the Whole Penalty expressed in such Bond shall be recovered. Provided always, That if any Verdict or Judgment shall pass for such Inspector, or his Security, the Person or Persons at whose Instance such Suit shall be prosecuted, shall pay Double Costs; and every such Inspector shall also take the following Oath, to-wit:

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

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

III. And be it further Enacted, by the Authority aforesaid, That the Places and Landings hereafter mentioned, shall be, and hereby appointed for the Inspection of Flax Seed, Pork, Beef, Rice, Flour, Indigo, Butter, Tar, Pitch and Turpentine, Staves, Heading, Lumber and Shingles; to which Places all the said Commodities, before sold or exported, shall be brought, examined, and inspected, according to the Directions herein after mentioned; that is to say, In New Hanover County, at the Town of Wilmington, and New Topsail Sound. In Brunswick County, at the Town of Brunswick. In Onslow County, at Bear Inlet, New River, at Week's, Todd's, and French's Landings, and Bogue Inlet. In Carteret County, at Beaufort Town, Fort Point, and Portsmouth. In Craven County, at New Bern Town, Clubfoot's Creek, and Lower Broad Creek. In Beaufort County, at Bath Town, James

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Bonner's, Warrick's Landing, and Maul's Mill. In Pitt County, at William Spiers, Simpson's, at Tyson's Landing, at the Red Banks, and Salter's. In Hyde County, at Wood Stock Town, Wysocca, the Mouth of Pantego Creek, and Sylvester's Landing. In Tyrrel County, at Hog Town, Mill Landing, Gardner's, Dayley's, Welch's Creek, Kindrick's Creek, Scuppernong River, Squawasque, Little Alligator, Richard Lurry's, Meacon's Landing, Hill's Landing, and Dawson's. In Chowan County, at Edenton, Old Town Landing, Bennett's Creek, at the Bridge, and John Simon's Landing, and at Thomas Ward's, Senior's, Landing. In Bertie County, at Salmon's Creek, Maul's Haven, on Roanoke River, at Windsor and at Lockhart's and Whitmill's Landings. In Hertford County, at the Warehouse on Chowan River, Vanpelt's, Wycacon's Creek, and Catharine's Creek, Hill's Ferry, Murphey's Landing, and Manney's landing, Bennet's Creek Bridge, at Mount Sion and Winton. In Northampton County, the Pitch Landing, Pace's Warehouse, Jones' Warehouse, and the place where Ragland's Warehouse formerly stood. In Halifax County, at Whitmel Hill's plantation, at Kahuky, Barnes Landing, Mr. Blake Baker's Landing, and the town of Halifax. In Edgecomb County, at Tarborough Town. In Perquimans County, at Cypress Bridge, at Hertford, Saunder's Landing, up the Narrows, John Barrow's, Yopin's Creek, at Seth Sumner's Landing, at Little River Bridge, Sanderson's Landing, Benjamin Harvey's Landing, at John Barcliff's on Deep Creek, at Capt. Joseph Sutton's on Sutton's Creek. In Pasquotank County, at Nixonton, at McKell's, at Newbegun Creek, at Windfield, at the Narrow's of Pasquotank River, at the Mouth of the River, at Seaburn's Landing, North River, Plank Bridge on Sawyer's Creek, at Aranuse, and at River Bridge. In Currituck County, the South Side of Tulley's Creek Bridge, at Joseph Saunders, at Moyock, at Indian Town Bridge, at Chiconocumick, at Thomas Pain's Landing, the Head of Tulley's Creek Bridge, at Etheridge's Creek, and Currituck Court House. In Dobbs County, at Fellow's Ferry, Shepherd's Landing, on Contentney, and Kingston. In Cumberland County, at Campbleton.

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

V. And be it further Enacted by the Authority aforesaid, That where any such inspection shall be appointed by this Act, to be held in any Town, that sends a Representative to the Assembly, the Inferior Court of the County wherein such Town is, shall not nominate or appoint any other Inspector or Inspectors for any such Inspection, but such Person or Persons who shall, during his continuance in said Office, reside in such Town.

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

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Costs, by Action of Debt, Bill, or Plaint or Information, in any Court of Record, having Cognizance thereof.

VII. And be it further Enacted, That no collector shall enter any Ship or Vessel before the Master or Commander of such Ship or Vessel shall have taken the following Oath, to-wit:

You shall swear that you will not, this present Voyage, export in the Ship or Vessel whereof you are Master or Commander, any Flax Seed, Barrel of Pork, Beef, Rice, Flour, Cask or Firkin of Butter, Tar, Pitch, or Turpentine that shall not have an Inspector's Brand thereon, or any Tanned Leather, without an Inspector's stamp thereon according to Law, except such as shall be necessary for the Vessel's Use. So Help You God.

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

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

IX. And be it further Enacted, That every such Inspector shall constantly attend at the Places for which he shall or may be appointed, at such Times as required for the Inspection of the said Commodities within his District. and shall provide an Iron to brand any of the Commodities, bearing the Name of the Inspector, and his Place of Residence: And if any Inspector, so appointed and sworn, shall neglect his Duty, or Brand or Stamp any of the Commodities contrary to this Act, or brand any Empty Barrel, or lend his Brand to any Person or Persons whatsoever, he shall forfeit and pay, for every Cask of Flax Seed, and for every Barrel, Box or Case of Indigo, Five Pounds; for every Barrel of Pork, Beef, Rice, Flour, Cask or Firkin of Butter, Three Pounds; for every Barrel of Tar, Pitch or Turpentine, Ten Shillings; and for branding any empty Barrel, or lending his Brand, Forty Pounds, Proclamation Money; to be recovered by Action of Debt, before any Jurisdiction having Cognizance thereof, with Costs by the Informer: And every other Person or Persons that shall, by any Ways or Means, brand, or procure to be branded, any Cask of Flax Seed, or Barrel, or Half Barrel, Cask, Firkin, or Half Firkin, Box or Case as aforesaid, than by the Inspector, or by his Assistant, he or they so offending, shall forfeit and pay for such Offence, the

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same Fines and Penalties as Inspectors are by this Act liable to pay for Breach of their Duty or Misbehavior.

X. And be it further Enacted, by the Authority aforesaid, That all Pork or Beef, packed within this Province for Sale or Exportation, shall be put in good and sufficient new White Oak Casks, which shall not contain more than Thirty One Gallons and an Half, Wine Measure, each Barrel, and Fifteen Gallons and Three Quarts, each Half Barrel; and all Barrels and Half Barrels shall be made of Timber seasoned at least Six Months after the Riving; the Staves not less than half an Inch Thick in the Bilge when Wrought; the Heading not less than Three Quarters of an Inch Thick, and well dowelled; Twelve good substantial Hoops on each Cask, and the whole to be tight, fit to hold Pickle, and Workman Like, and shall contain at least Two Hundred and Twenty Pounds of Good, clean, sound and merchantable Meat, properly sorted, and well salted, with at least half a Bushel of salt to each Barrel and nailed and packed; and no more than Two Heads in one Barrel of Pork; and not any Boar's flesh in any Barrel of Pork; or any Heads, Bull's flesh, or more than Two Shanks, in any Barrel of Beef; And every Cask of Rice shall be filled with sound and well cleaned Rice; and after the same has been inspected, sound, good and merchantable, and passed by the Inspector, every such Barrel shall be by him branded as aforesaid, and a Certificate or Certificates thereof given to the Owner, bearing Date in words at length, the same Day such Commodity or Commodities were inspected and passed: and every Hogshead of Flax Seed shall hereafter contain seven Bushels and one eighth of a Bushel of well cleaned and merchantable Flax Seed.

XI. And whereas Pork, Beef, Rice, Flour, and Butter, may, by Reasons of its being long kept, become not good, sound, merchantable; Be it further Enacted, by the Authority aforesaid, That none of the said Commodities shall be laden or put on Board any Ship or Vessel, if the same have been kept Sixty Days after they have been inspected, until the same shall have been again inspected, and passed by the Inspector, and Certificate or Certificates granted in the same manner as if such commodities had never been inspected; any Thing herein contained to the contrary notwithstanding: And every Person who shall presume to lade or put on Board, or cause to be laden or put on Board, any Ship or Vessel, any Pork, Beef, Rice, Flour, or Butter, for Exportation as aforesaid, any Time after the expiration of Sixty Days from the Time that the same shall have been viewed and inspected as aforesaid, shall forfeit and pay the Sum of Three Pounds, Proclamation Money, for every such Barrel of Pork, Beef, Rice, Flour, and Cask or Firkin of Butter, so laden or put on Board any Ship or other Vessel; to be recovered by Action of Debt, with Costs; one Half to the Informer, and the other Half to the Use of the Parish wherein such Offence shall be committed before any Jurisdiction having Cognizance of the Sum or Sums so forfeited; and the Master or Commander of such Ship or Vessel shall be liable to the same Penalty as for lading Pork, Beef, Rice, Flour, or Butter, without being Branded; and the Justices and Collector shall, and are hereby required, to use the same Method of Proceeding, to compel the Payment of the said Penalty, as is in that Case is before directed to be observed.

XII. And be it further Enacted by the Authority aforesaid, That every Barrel of Pitch or Turpentine shall contain Thirty Two Gallons, and be well filled, free from any Fraudulent Mixture, and in good and sufficient Casks, made of Good seasoned Staves, at least Three Quarters of an Inch thick, and not exceeding Four Inches in Breadth; and in Turpentine Barrels there shall not be any Sap in the Staves, and each to be Hooped with Twelve Good

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Hoops, at least, and before it be branded by the Inspector shall be weighed in his Presence; and every Three Hundred and Twenty Two Pounds Weight of such Pitch or Turpentine, including the Cask, and so in Proportion, shall be counted a Lawful Barrel of Pitch or Turpentine; And if any Pitch or Turpentine shall be found by the Inspector to be fraudulently mixed, the same shall be condemned, and forfeited to the Use of the Parish where the same shall be, and may by the Church Wardens thereof be cleansed and sold for such Use; And every Barrel of Tar shall be the Gauge of Thirty Two Gallons, Wine Measure; and every Barrel of Tar of less size, or in Bad or insufficient Casks, fewer than Twelve Hoops, shall be put in Merchantable Order, at the Expence of the Owner; and when full Bound, no more than one Third Part of the Staves shall be left bare; and every Barrel of Tar, Pitch, and Turpentine, after the same shall be inspected, gauged, found clean, well filled, and truly made merchantable, and passed by the Inspector, shall be by him Branded.

XIII. And be it further Enacted by the Authority aforesaid, That every Maker of Pitch, Tar, or Turpentine, shall Mark or Brand, or cause to be Marked or Branded, every such Barrel of Pitch, Tar, or Turpentine, with the Initial letters of his or her Name, not less than one Inch Long, and Breadth in Proportion; under the Penalty of One Shilling, Proclamation Money, for every Barrel as may not be so branded, to be paid to any One who may demand the same, or, on Refusal, to be recovered by Warrant before any single Magistrate; and that no Inspector shall Pass or brand any Barrel or Barrels of Tar, Pitch, or Turpentine, that does not contain full Thirty Two Gallons Wine Measure, and in every other Manner agreeable to the several Rules and Restrictions and under the several Penalties, as are provided for in this Act; And every Inspector shall keep a Book for Beef, Pork, Rice, Pitch, Tar and Turpentine, in which shall be fairly entered the Maker's Name and Mark, the Number of Barrels landed, the Number of Barrels inspected, of the same Mark, the Merchant's or Shipper's Name causing the same to be inspected, and the time of Inspection; and shall give a Certificate of any Parcel to any Person requiring the same, on Payment of One Shilling; And any Person failing or neglecting to mark his, her, or their Casks, according to the directions of this Act, shall pay one Half Penny per Barrel to the Inspector for marking the same with the Initial Letters of the Maker's Name; which Fee shall be paid by the Person paying the Fees of Inspection, and by him may be charged to the Maker.

XIV. Provided always, That if any Tar, Pitch or Turpentine, shall remain Twenty Days or More, after the same has been inspected and passed, in Manner aforesaid, before the same shall be laden or put on Board some Ship or Vessel for Exportation, it shall not be lawful for the Exporter to lade or put the same on Board any Ship or Vessel as aforesaid, until the same shall have again been inspected and passed by the Inspector, and Certificate or Certificates granted for the same, in the same Manner as if such Commodities had never been inspected; any Thing herein contained to the contrary notwithstanding. And every Person who shall presume to take or put on Board any Ship or Vessel, any Tar, Pitch, or Turpentine, for Exportation as aforesaid, at any Time after the Expiration of Twenty Days from the Time that the same shall have been viewed and inspected as aforesaid shall forfeit and pay the Sum of Ten Shillings, Proclamation Money, for every such Barrel so laden or put on Board any Ship or other Vessel; to be recovered by Action of Debt, with Costs; one Half to the Informer, and the Other Half to the Use of the Parish wherein such Offence shall be Committed, before any Jurisdiction, having Cognizance of the sum or Sums of Money so forfeited;

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And the Master or Commander of such Ship or Vessel shall be liable to the same Penalty as for lading Beef, Pork, Rice, Tar, Pitch, or Turpentine, without being branded; and the Justices and Collectors shall, and are hereby required, to use the same Method of Proceeding to compell the Payment of the said Penalty, as is in that Case is directed to be observed.

XV. And forasmuch as it is difficult in warm and rainy weather to separate Tar from Water, It is hereby declared, That Water shall not be accounted a Fraudulent Mixture in any Tar; But that in such Cases, the Barrel shall not be branded by the Inspector, until the same is as free from Water as it can be made; any Thing herein contained to the contrary notwithstanding.

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

XVII. And be it further Enacted, by the Authority aforesaid, That every Seller or exporter of Flax Seed, Pork, Beef, Rice, Flour, Butter, Tar, Pitch, or Turpentine, packed or filled in this Province, and branded, shall produce the Certificate of the Inspector who inspected the same, and make Oath (or if One of the People called Quakers, then an Affirmation) if required, before a Justice of the Peace, on delivery of the Goods sold or exported that the several commodities intended by him to be sold or exported are the same that were inspected and passed, and do contain the full Quantity mentioned in such Certificate, without embezzling, to his knowledge; which Oath or Affirmation the Justice shall, and is hereby required to certify on the Back of such Certificate, which Certificate the Seller shall deliver to the Buyer, if such Commodities be sold; and the Person exporting such Commodities shall deliver such Certificate to the Master of the Ship or Vessel on board which the same shall be shipped or laden: And if such Seller or Exporter shall neglect or refuse to make Oath or Affirmation, if required, he shall for every such Offence forfeit and pay the sum of Ten Pounds Proclamation Money, to the Informer; to be recovered with Costs, in any Court of Record, by Action of Debt, Bill, Plaint, or Information.

XVIII. And be it further Enacted by the Authority aforesaid, That it may be lawful for every Inferior Court within this Province, wherein there are not Public Warehouses by Law erected, for the Reception and Inspection of Tobacco, at the expence of such County, to erect or rent a Warehouse at or near some public Landing, on a Navigable River or Creek, for the Inspection,

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Reception and safe Keeping of all Indigo, at any Time after to be paid, or tendered in payment of Public County, or Parish Taxes; and shall appoint and direct at what Time the Inspector or Inspectors shall attend to inspect and receive the same; And every Inspector that shall be appointed by Virtue of this Act, shall find Laborers equally with the Owner, to assist in weighing the several Commodities he shall inspect and weigh; and also, shall find and provide proper Steelyards or Scales, of the Lawful Standard, for that Purpose.

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

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

XXI. And be it further Enacted, That when any Indigo shall be brought to any Inspection, and shall be refused by the Inspector there officiating, the Owner shall immediately sort and separate the bad and unmerchantable from such as is by this Act declared to be good and Merchantable, at the Warehouse where the same was refused; and the Inspector shall receive so

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much thereof as in his opinion is good and merchantable, and give a Note or Notes for the same.

XXII. And be it further Enacted, That every Inspector who shall be appointed by Virtue of this Act, to inspect Indigo, shall give constant Attendance at the Times and Places by the Inferior Court ordered and appointed; under the Penalty of forfeiting, to the Party grieved, Five Shillings Proclamation Money, for every Day he shall fail or neglect to attend; to be recovered by a Warrant, with Costs, before a Justice of the Peace, unless good cause shewn for such Neglect or Failure.

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

XXIV. And be it further Enacted by the Authority aforesaid, That if any Person whatsoever shall forge or Counterfeit any Note of any Inspector, or tender in Payment, or expose to Sale, any such Forged or Counterfeit Note knowing the same to be such; or cause to be exported any Hogshead of Flax Seed; or Barrel of Beef, Pork, Rice, Flour, Butter, Tar, Pitch, Turpentine; or barrel, box, or case of Indigo, or expose the same to sale knowing the Brand thereon to be forged or Counterfeited; or shall put or pack any Pork, Beef, Rice, Flour, Butter, Tar Pitch, Turpentine, or Indigo, into any Barrel, Firkin, Box or Case, branded by any Inspector as aforesaid, on Purpose to evade this Act and to sell or Export such Commodity without being inspected, every Person so offending, and being thereof lawfully convicted before any Court of Record, having Cognizance thereof, shall for the first Offence, by Order of such Court, have and receive, on his or her bare back, Thirty Nine Lashes, well laid on, and shall suffer one Month's imprisonment, without Bail or Mainprize; and for the Second Offence shall be adjudged guilty of Felony.

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

XXVI. And be it further Enacted by the Authority aforesaid, That all Staves, Heading, Shingles, Boards, Plank, Joists, and Square Timber, which shall be sold, or shipped on Board any Ship or Vessel for Exportation, shall be of the following Dimensions; otherwise shall not be deemed merchantable, and shall be forfeited to the Use hereinafter mentioned, to-wit, Butt Staves, shall be Five Feet nine Inches long, four Inches broad, and an Inch thick on the Heart or thin Edge, and clear of Sap. Pipe Staves, four Feet Eight Inches long, four Inches broad, and Three Quarters of an Inch thick on the

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Heart or thin Edge, and free from Sap. Hogshead Staves shall be Three Feet Six Inches long, four Inches broad, and Three Quarters of an Inch thick on the Heart or thin Edge, and Free from Sap. Barrel Staves shall be two Feet nine Inches long, four Inches Broad, and Three Quarters of an Inch Thick on the Heart or thin Edge, and free from Sap, for the European Market; and those to be exported to the Northern Colonies, only Thirty Inches long and of the same Breadth and Thickness with those for the European Market. White Oak Hogshead Heading shall be thirty Two Inches long, six Inches broad, and One Inch Thick on the Heart or thin Edge, and clear of Sap. Barrel heading shall be nineteen inches long, six inches broad, and three quarters of an inch thick on the heart or thin edge, and clear of Sap. Shingles shall be eighteen and a Half Inches long, five Inches broad, and Five eighths of an Inch thick; which said several sorts and Kinds shall be of the Dimensions aforesaid, at the least, and well got of good, sound, and merchantable Timber; And every Board, Plank, and Piece of Scantling, or other Square Timber, being Marked with the Number or more Feet than they contain, shall be forfeited to the Church Wardens, for the Use of the Parish: And no Board or Plank shall be deemed Merchantable, or passed by any Inspector, that is not free from any Split Twelve Inches long, hath no edge less than Half an Inch Thick, and is not free from Holes: That all Deerskins that shall hereafter be exposed to Sale, shall be clean and free from flesh, and the Claws and Skulls taken therefrom, and otherwise merchantable.

XXVII. Provided nevertheless, That no Staves, Heading, Shingles, Boards, Plank, Square Timber, or Deerskins, shall be inspected unless required.

XXVIII. Provided also, That when any Dispute arises between the Purchaser and Seller of any Boards, Plank, or other Lumber intended for the English Market, the Inspectors shall inspect the same, agreeable to the English Act of Parliament, if called on for that Purpose.

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

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

XXXI. And be it further Enacted by the Authority aforesaid, That no Person holding any Post or Place of Profit by Deputation, or otherwise, shall be appointed to the Office of Inspector, or shall, during his Continuance therein, be capable of being elected Member of Assembly; And if any Member of Assembly shall accept of the said Office during his being such, he shall be,

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and is hereby declared, from thenceforth, to be disabled to serve as a Member of Assembly, and shall not sit, vote, or act in Assembly; but shall be, to all Intents and Purposes, incapable, as if he had never been returned or elected a Member of Assembly: And if any Person shall be appointed to such Office, and shall accept of any Post or Place of Profit after such appointment, he shall be rendered incapable to hold his said Office of Inspector; and the Court shall Proceed to appoint another Inspector, in the Room of such Person taking upon him such Post or Place of Profit, according to the Directions of this Act.

XXXII. And be it further Enacted, by the Authority aforesaid, That every Inspector shall be entitled to the following Fees, to be paid in Proclamation Money, to-wit:

£ s. d.
For every Bushel of Flax Seed 0. 0. 1.
For every Barrel of Pork or Beef 0. 0. 8.
For every Barrel of Rice inspected 0. 0. 8.
For every Barrel of Flour, Cask or Firkin of Butter 0. 0. 4.
For every Barrel of Tar, Three Half Pence.
For every Barrel of Pitch or Turpentine 0. 0. 2.
For every Thousand Staves of Heading, reckoning six Score to the Hundred 0. 1. 0.
For every Thousand Shingles 0. 0. 4.
For every Thousand Feet, superficial Measure, of Boards, Plank, or Scantling 0. 1. 0.
For every Ton of other Lumber 0. 1. 0.
For inspecting and weighing each Deer skin, One Half Penny.

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

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

XXXV. And be it further Enacted, by the Authority aforesaid, That the several Fines and Forfeitures by this Act Inflicted, for which no Method of recovery or Application is hereinbefore directed, shall and may be recovered with Costs, before any Jurisdiction having Cognizance thereof; one Half to the Use of the Prosecutor, and the other Half to the County wherein such Penalty shall be incurred; to be applied by the Justices of the Inferior Court towards lessening the County Tax.

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

CHAPTER VIII.
An Act for further continueing an Act for appointing a Printer to this Province.

I. Whereas the above recited Act will expire with the End of this Session of Assembly; and it being necessary that the said Act should be further continued;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the said above recited Act, and every Clause and Article thereof, be, and continue in Force for and during the Term of Three Years, from and after the passing hereof, and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER IX.
An Act for the relief of such Persons who have, or may suffer by their Deeds and mesne Conveyances not being proved and registered within the Time heretofore appointed by Law.

I. Whereas many Persons, through Ignorance of the Law, have neglected to have their Deeds and Mesne Conveyances proved and registered according to the Directions of the several Acts of Assembly in such Case made and provided; For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all Deeds, and Mesne Conveyances of Lands, Tenements, and Hereditaments, not already Registered, acknowledged or proved, shall and may, within Two Years after the passing of this Act, be acknowledged by the Grantor or Grantors, his or their agents or Attorneys, or proved by one or more of the Subscribing Witnesses to the same, and tendered or delivered to the Registers of the Counties where such Lands, Tenements, or Hereditaments are respectively situated: And all Deeds and Mesne Conveyances whatsoever, which shall be acknowledged or proved according to the Directions of this Act, though not within Two Years after the Date of the respective Conveyances, shall be good and valid in Law, and shall enure and take effect, as fully and effectually, to the Use and Behoof of the Grantees, their Heirs and Assigns, and those claiming under them, as if such Deeds and Conveyances were acknowledged or proved, and registered agreeable to the Directions of any Act of Assembly heretofore made.

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

I. Whereas many Persons, under pretence of hunting for Deer in the Night Time by Fire Light, kill and destroy Horses and Cattle, to the great Prejudice of the Owners: To prevent which for the Future,

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II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That if any Person or Persons shall be discovered hunting with a Gun in the Night Time by Fire Light, or sitting at any Lick in the Night, such Person or Persons so offending, shall forfeit and pay for every Offence the Sum of Five Pounds Proclamation Money; to be recovered by a Warrant from any Justice of the Peace in the County; one Half to the Informer, the other Half to be applied to the Use of the Parish where such Offence shall be committed; and upon due Conviction thereof before such Justice on Trial, it shall and may be lawful for such Justice thereupon to give Judgment, and award Execution against the Body or Goods of the Offender, and to order such Offender to have and receive Thirty Nine Lashes, on his bare back, well laid on.

III. And to prevent the concealing such Offences, Be it Enacted, by the Authority aforesaid, That if any Person or Persons shall see any other Person or Persons hunting in Manner hereinbefore mentioned, and shall not discover the same, within Ten Days to some Magistrate; then, and in such Case, such Person or Persons, for not discovering the said Crime, shall forfeit the Sum of Five Pounds, Proclamation Money, for every Time he shall see the above Crime committed; to be recovered and applied in the Manner as in and by this Act is before directed.

IV. And in order to discourage all Persons from this Pernicious Practice, or the more easily to detect them in the Commission thereof; Be it further Enacted, by the Authority aforesaid, That in Case any Person shall, upon Oath before some Magistrate of the County, declare that he suspects any Person or Persons to be guilty of Hunting with a Gun in the Night Time by Fire light, it shall and may be lawful for such Magistrate to issue his Warrant to apprehend the Person or Persons so suspected, and to bring him or them before him, or some other Magistrate of the County where the Offence is supposed to be committed: And in Case the Person or Persons so apprehended will not, upon Oath, declare, that he or they have not been guilty since the passing of this Act of hunting in the Manner aforesaid, such Person or Persons shall, in such Case, be deemed guilty of the Offence, and be liable to be punished as in this Act is before directed.

V. And be it further Enacted by the Authority aforesaid, That in Case any Idle, dissolute Person or Persons, of a Suspicious Character, should be found hunting privately in any County of which he is no freeholder, any Justice of the Peace of such County shall have power to issue his Warrant to apprehend the said Person or Persons, and bring him or them before any Two Magistrates of the said County; and if such Person or Persons shall not be able to give a Fair and satisfactory Account of his or their Character, the said Magistrate shall have power to order him or them immediately out of the said County; with which if he or they do not comply, but is or are afterwards found hunting within the Bounds of the said County; he or they shall forfeit and Pay the Sum of Five Pounds, Proclamation Money; to be recovered and applied in the same Manner as other Fines in this Act. And that no person may pretend to be ignorant of the Penalties inflicted by this Act, the Clerk of every inferior Court in this Province shall, once a Year, during the sitting of the Court, read this Act; and every Clerk of the Militia, at least once a Year, read the same, to the Company of which he is clerk, while under Arms, at the General Muster: And in Case of Failure, the Clerk so failing shall forfeit and pay the Sum of Forty Shillings, Proclamation Money; to be recovered by Warrant, before any Justice of the Peace belonging to the

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County, and to be applied in the same Manner as other Fines already mentioned in this Act.

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

CHAPTER XI.
An Act for appointing Commissioners for erecting and building a Court-House, Prison, and Stocks, for the County of Tryon.

I. Whereas by an Act of Assembly made and passed in the Year of our Lord One Thousand Seven Hundred and Sixty Eight, entitled, An Act for dividing Mecklenburg County, and other Purposes, Thomas Neil, Henry Clark, William Yancey, Daniel Warlock, Jacob Forney, John Gordon, and William Watson, were appointed Commissioners, and impowered and directed to contract and agree with Workmen for erecting and building a Court-House, Prison, and Stocks, for the Use of Tryon; and whereas the said Commissioners have neglected to comply with the Directions of the said Act:

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That Thomas Neil, William Moore, Robert Adams, Ephraim McLain and John Beard, or the Majority of them, be, and are hereby appointed Commissioners, and invested with the same Powers and Authorities as the former Commissioners; and are 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, in the Room and stead of the Commissioners in the before recited Act appointed; and they are hereby required to agree and appoint a proper and convenient Place whereon to erect the said Buildings, within Three Months, and cause the same to be erected and built within Twelve Months after the passing of this Act; any Law to the contrary notwithstanding.

CHAPTER XII.
An Act to prevent the untimely Destruction of Fish in Core Sound, Bogue Sound, and the Straights in Carteret County.

(Printed in Private Acts, post).

CHAPTER XIII.
An Act to appoint Commissioners for finishing the Church in Wilmington, in the Room and Stead of John DuBois and George Wakely, Esquires, deceased.

I. Whereas John DuBois, and John Wakely, Esqrs., two of the Commissioners appointed by an Act of Assembly, entitled, An Act for finishing the Church in Wilmington, are since deceased,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the Honorable Lewis DeRosset, Esq., and Frederick Gregg, Esq., be, and they are hereby appointed Commissioners, for finishing the Church in Wilmington, in the Room and stead of the said John DuBois, and George Wakely, Esquires, deceased; and the Commissioners by

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this Act appointed are hereby vested with the same Powers and Authorities, and shall be subject to the same Rules and Restrictions, as the Commissioners appointed by the Act hereinbefore recited were vested with, and subject to.

CHAPTER XIV.
An Act to establish a public Inspection of Tobacco in the County of Johnston.

I. Whereas the establishing a Public Inspection of Tobacco in the County of Johnston will encourage Commerce, promote Industry, and be advantageous to many Planters and others in the said County;

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the Justices of the said County of Johnston shall, and are hereby impowered and directed, to cause to be built and erected a Warehouse, and other Conveniences, fit and necessary for the Reception, Inspection, and safe Keeping of Tobacco, at the Ferry, on the Land of Capt. John Smith, on Neuse River, and the same when so built and erected, shall, and is hereby declared to be a Public Warehouse, for the Inspection and Reception of Tobacco.

III. And be it further Enacted, by the Authority aforesaid, That the Justices of the said County of Johnston shall, from Time to Time, appoint Inspectors to attend the said Inspection, and ascertain their salaries, and order and direct how the said Inspectors shall give their attendance at the said Warehouse, which said Inspectors be under the same Regulations, Rules, and Restrictions, and entitled to the same emoluments, as are by Law appointed for Inspectors of Tobacco in this Province.

IV. And be it further Enacted, by the Authority aforesaid, That the Justices of the said County shall and may levy such a Poll Tax on the Taxable Persons within the said County, as shall be necessary for defraying the Expences of Building the said Warehouse, and other conveniences; which shall be collected by the Sheriff of the said County, in like Manner as County Taxes are collected and accounted for, to the Court.

CHAPTER XV.
An Act for the Relief of such Persons who have or may suffer by the loss of the Records in Bladen County, and for the Election of Vestrymen for the Parish of St. Martin's.

I. Whereas the House of Mr. Marturin Colville, Clerk of the Court, and Register for the County of Bladen, and the Records of the said County, were lately burnt and Consumed; whereby the Estates of many Orphans, and other Persons, may be very much Perplexed and prejudiced: 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, the Copy of any Judgment, Order, Settlement of Orphans and their Estates, or other Record, or other Matter or Thing, transacted or done in the said Court, or Register's Office, in the County of Bladen, attested under the Hand of the Clerk or Register who recorded the same (in such Case where the Original is destroyed) shall and may be given in Evidence in any Dispute or Controversy, in any Court whatsoever, and shall have the same Weight and Credit

-------------------- page 805 --------------------
given to it as the Original Record might, or ought to have, could it have been produced.

III. And be it further Enacted, by the Authority aforesaid, That where any Persons have neglected taking Copies from the Clerk's Office, or may have lost them, or have neglected taking their Deeds out of the Register's Office, and are desirous to perpetuate the Memory of such Judgment, Order, Probate of any Will, Settlement of an Orphan's Estate, Deed, Mortgage, Bill of Sale, or any other Matter or Thing transacted and done in the said County Court or Register's Office; it shall and may be lawful, upon the Deposition of one or More creditable Person or Persons, taken in Writing, and sworn to in open Court, at any Time within Three Years after the passing of this Act, of the Contents or Substance of such Judgment, Order, Probate of a Will, Settlement of an Orphan's Estate, Deed, Mortgage, Bill of Sale, or other Instrument of Writing whatsoever, and that the original Record was burnt as aforesaid; Which Deposition shall be Recorded in the minutes of the Court, certified by the Clerk, and registered in the Register's Office, in the said County; for which Service the said Clerk or Register shall be allowed a Sufficient Reward, at the discretion of the Justices of the County Court; to be paid out of the County Tax.

IV. And be it further Enacted, That such Record so made, shall and may, at all Times hereafter, be pleaded and given in Evidence, and have the same Validity, in any Cause or Court whatsoever, as the Original would have, could it have been produced.

V. And whereas, for want of a Sheriff in the said County, no Election of Vestrymen was made in the Parish of St. Martin's on Easter Monday last; Be it therefore Enacted, by the Authority aforesaid, That the Freeholders of the said Parish shall and are hereby directed, to meet on Easter Monday next after the passing of this Act, at the Court House, or at the Usual Place of electing Vestrymen, and then and there Choose and elect Twelve Freeholders to serve as Vestrymen; which Vestrymen, after due Qualification shall be, and are hereby invested with as full Power and Authority, to act and do in all Things, as any Vestrymen elected or chosen in Virtue of any Act of Assembly of this Province.

CHAPTER XVI.
An Act for the better settling, regulating, and improving the Town of Beaufort, in the County of Carteret; and for annexing Ocacock Island to the said County.

I. Whereas the Laws hitherto made for regulating the Town of Beaufort, have been found Inconvenient; 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, William Thompson, William Cole, William Robinson, Joseph Bell, Jun., and John Easton, Gentlemen, shall be, and are hereby appointed Commissioners of the said Town; And in Case of their or any of them, dying, removing, or refusing to Qualify as such, it shall and may be lawful for the remaining Part, or a Majority of them by and with the Consent and Approbation of the County Court, to nominate and appoint another, in the Room of such dying or removing, or refusing to qualify: And that the said Commissioners, and each of them, shall, before entering upon their said Office, take the following Oath:

I, A. B., do swear, that I will execute the Office of a Commissioner for the

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Town of Beaufort, faithfully, impartially, and truly without Favour, Affection, or Prejudice; and that I will, to the Utmost of my Power, in all Things, act for the Good of the said Town and the well Governing of it, to the best of my skill and judgment. So help me God.

Which said Commissioners, after so sworn and Qualified, shall proceed to choose one out of the Number, to be a Treasurer of the said Town; into whose Hands all the Monies arising by the Sale of Lots in the said Town, or otherwise howsoever arising or becoming due to the said Town, shall be paid, and there kept till disposed of as hereinafter directed.

III. And be it further Enacted, by the Authority aforesaid, That the said Treasurer, before he enters upon the Execution of his Office, shall give Bond, with Two sufficient securities, in the Sum of Two Hundred Pounds, Proclamation Money, to the Commissioners of the said Town, and their Successors, for the faithful Discharge of his said Office.

IV. And whereas sundry Disputes may hereafter arise concerning the Titles of Lots in the said Town of Beaufort, and the Bounds thereof; Be it Enacted by the Authority aforesaid, That the Commissioners hereby appointed, and their successors, are declared to have a Good, Absolute, and indefeasible Estate, in Fee, in the Two Hundred Acres of Land laid out for the said Town of Beaufort, in Trust and Confidence, and to and for the Uses, Intents, and Purposes, as by an Act, entitled, An Act for incorporating the Seaport of Beaufort, in Carteret Precinct, into a Township by the Name of Beaufort, or so much of the said Act as is now in Force: And the Commissioners by this Act appointed, are hereby declared to have a Good, absolute and Indefeasible Estate, in Fee, in all such Lots within the said Town, which have not been disposed of by the Former Proprietors or Commissioners, and built upon or improved agreeable to Law, in Trust and Confidence, and to and for the Uses in this Act Mentioned: And all and every Person or Persons whatsoever, who have heretofore purchased and paid for any Lot or Lots in the said Town, and have fully complied with the Conditions of their Deed or Grant, and the Law for building and improving thereon, or who may hereafter purchase, pay for, and fully comply with the Law for building and improving thereon, and hereby declared to be invested with a Good, absolute, and indefeasible Estate, in Fee, to such Person or Persons, and to his and their Heirs and Assigns forever.

V. And whereas the Settlement of the said Town of Beaufort hath been much retarded by Persons taking up Lots in the said Town, and not building thereon as required as by law; Be it Enacted by the Authority aforesaid, That the Commissioners of the said Town for the Time Being, or any of them, are hereby authorized, impowered, directed, and required, to grant, convey, and acknowledge, under the Restrictions and Limitations hereinafter mentioned, to any Person requiring the same, and to their Heirs and Assigns forever, in Fee Simple, any Lot or Lots of Land within the said Town, not already taken up and built on agreeable to the Laws heretofore made for Regulating the said Town; or any Lot or Lots that may hereafter be liable to be taken up for want of Building on as is by this Act directed, he or they paying Thirty Shillings Proclamation Money for the purchase; twenty Shillings of which shall be paid to the Proprietor of the said Land, and Ten Shillings to the Church Wardens of the Parish of St. John's for and towards building a Church in the said Town.

VI. Provided nevertheless That where any Person or Persons shall hereafter take up any Lot or Lots in the said Town, and shall not build thereon, or cause to be built, within Two Years from the Date of their Conveyance, a Good, Habitable Brick, Stone or Framed House, with a Brick or Stone Chimney

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thereon, not of less Dimensions than Twenty Feet long, Fifteen Feet in width, and Eight Feet in Height, between the First Floor and the Joists, in Proportion for each and every Lot and Lots, or make such Preparations for so doing, as the Commissioners, or a Majority of them, shall judge Reasonable to secure the same (except where the Title of such Lot or Lots, before the Expiration of the Time for building thereon, shall Fall to a Minor or Minors) every such Conveyance shall, and is hereby declared null and Void, and of no Effect, insomuch as if the same had never been made; and the same Lot or Lots shall be free and Clear for any other Person to take and Purchase, in Manner and Form aforesaid; and all Monies arising by the Second or other Sale of the said Lots shall be, and is hereby appropriated and applied for the Building of a Church in the said Town.

VII. And whereas the Plan formerly taken of the said Town hath been found inaccurate, irregular and confined; Be it Enacted by the Authority aforesaid, That the Plan produced at the Time of passing this Act, containing the following Courses, to-wit, Beginning at a Cedar Post in Pollock Street, and running along the Water, North Fifty Eight Degrees West, agreeable to that Part of the Plan called the Old Town, beginning at the Cedar Post and running South fifty eight degrees East agreeable to that part of the Plan called New Town, shall be and remain as the Proper Plan of the said Town, and lodged in the Register's Office for the said County of Carteret, where Persons at any Time may have Recourse to the same. And for Defraying the Expence attending the Procuring, taking and running out the said Town, Town Lands, and Plan so as aforesaid, the Commissioners shall and may order the Treasurer of the said Town, out of the Monies he shall have in his Hands, to pay such Sum or Sums as they may think Reasonable, to the Parties who attended taking the same: And the said Commissioners are hereby impowered to account with, take and receive, for the Use of the said Town, all such Sum or Sums of Money that now are in the Hands of any former Commissioner or Commissioners, Treasurer, or other Person whatsoever, either for the Sale of Lots, or otherwise, and finally to adjust and settle the same: And that from and after the passing this Act, the Treasurer for the Time being shall, and is hereby required, Annually to account with the Inferior Court of Pleas and Quarter Sessions for the said County, for all such Sums of Money as he shall, for the Sale of Lots, have received, which Money shall be applied in the Following Manner; That is to say, Twenty Shillings for each and every Lot, to the Use of the Proprietor, his Heirs and Assigns; Ten Shillings for and Towards building a Church in the said Town; and the remaining Monies accrueing by Means of this Act, after defraying the contingent Charges of said Town, such as the said Commissioners, or the Major Part of Them, shall think reasonable, shall, in like Manner, be applied towards building a Church, and keeping the same in repair as aforesaid.

VIII. And whereas the allowing of Hogs to run at large in the said Town, is found to be a Great Nuisance to the Inhabitants thereof; Be it Enacted by the Authority aforesaid, That none of the Inhabitants of the said Town shall, on any Pretence whatsoever, suffer any Hogs to run at large within the Bounds of the said Town; and any Hog or Hogs so running at large as aforesaid, shall be forfeited; one Half to the Person who shall seize or kill the same, and the other Half to the Church Wardens of St. John's Parish, for the Use of the said Parish.

IX. And be it further Enacted by the Authority aforesaid, That the Commissioners, or a Majority of them, shall appoint an Overseer every First Tuesday in January, annually, for the said Town; which Overseer shall summons

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all male Taxables, Inhabitants thereof, to clear, repair, and keep in Order, the Streets, Lanes, and Passages belonging to the said Town: And any Person refusing or neglecting to work on such Summons or to furnish a Good and sufficient Hand or Hands in his or their Place, with proper Tools to work with, shall forfeit and pay Two Shillings, and Eight Pence, Proclamation Money, per Day, for every Day he or they shall so refuse or neglect; to be recovered in the same Manner as the Fines and Forfeitures are to be recovered by overseers of the Roads; and the Monies so recovered, shall be applied towards hiring Laborours to clear and repair the Streets, Lanes and Passages, or any other Public Work to be done in the said Town; And every Overseer appointed as aforesaid, refusing or neglecting to, serve as overseer of the said Town, shall forfeit and pay, for every Day he so refuses or neglects Ten Shillings, Proclamation Money; to be recovered and applied as above.

X. And be it further Enacted, by the Authority aforesaid, That every Person exempted by Law from working on Public Roads, shall not be themselves compelled to work on the Streets, Lanes, or Passages, in the said Town; and that the Inhabitants of the said Town shall be exempted, and forever hereafter excused from working on County Public Roads, during the Time they shall live in the said Town and no longer.

XI. And be it further Enacted, by the Authority aforesaid, That if any Tavern Keeper, Ordinary Keeper, or Retailer of Liquors, or Keepers of Public Houses in the said Town, shall suffer any Person or Persons whatsoever, to sit tippling or drinking in his, her, or their House, in the Time of Divine Service, on the Sabbath Day; or shall suffer any Person or Persons to get drunk in his, her, or their House, such Person or Persons so offending, shall forfeit and pay Twenty Shillings, Proclamation Money, for every such Offence; to be recovered by a Warrant, under the Hand and Seal of any Justice of the Peace for the said County of Carteret, and be paid into the Hands of the Treasurer of the said Town.

XII. And be it further Enacted, by the Authority aforesaid, That whereever any Person or Persons shall be found Quarrelling or fighting within the said Town or Township of Beaufort, in View of any of his Majesty's Justices of the Peace, or shall be convicted thereof, by the Oath of one Credible Witness, shall forfeit and pay, for every such Offence, the Sum of Twenty Shillings, Proclamation Money; and in Default of such Payment, shall suffer Twenty Four Hours Imprisonment, in the common Gaol, or be put into the Stocks for the Space of Two Hours, or longer, as the Direction of the Justices shall seem Meet: Provided the Information be made within Twenty Four Hours after such Offence shall be committed.

XIII. And for the Better regulating the Town of Beaufort, Be it Enacted, by the Authority aforesaid, That the said Commissioners or a Majority of them, shall have full Power, and lawful Authority, to pass such necessary Rules and Orders, as to them shall seem Meet, for removing all Nuisances within the Bounds of the said Town; for Persons to remove Dirt and Rubbish, from before their Doors; to grub and clear their Lots; for pulling down all wooden chimnies already built in said Town, and prevent the building thereof for the Future, in Order to prevent Dangers by Fire, provided that Six Months' Notice be given to the Owners of such Chimnies as are already built, to pull down the same; and for all other Things as may tend to the Advantage of the said Town, so as the same be not repugnant, but as near as may be agreeable, to the Laws of England and this Province.

XIV. And be it further Enacted, by the Authority aforesaid, That all Fines and Forfeitures in this Act Mentioned, the Recovery of which is not

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otherwise directed, shall be by a Warrant, under the Hands and Seals of the Commissioners or a Majority of them, directed to any Sworn Officer of the County of Carteret, to convene such delinquent or Delinquents before them, at a Certain Day mentioned in the said Warrant; and, on Conviction, to give Judgment, and award Execution for such Officer to levy the said Fine or Forfeiture by Distress and Sale of the Offender's Goods and Chattels: Which said Fines and Forfeitures such Officer shall pay into the Hands of the Treasurer of the said Town, as Part of the Common Stock, and be applied as in this Act before Directed.

XV. And for the Further Encouragement of the said Town of Beaufort, Be it Enacted, by the Authority aforesaid, That the Register Clerk and Sheriff, of the said County of Carteret, shall and are hereby directed and required, to keep their respective Offices in the said Town; on Penalty of Ten Shillings, Proclamation Money, for every Week they shall neglect the same; to be recovered before any Justice of the said County of Carteret, by any Person who shall sue for the same; And all Elections and General Musters, and other Public Business of the like Nature, belonging or appertaining to the County of Carteret, shall be held and done in the said Town, and at no other Place whatsoever.

XVI. Provided always, That nothing herein contained shall be construed, deemed, or taken, to subject the Clerk, Sheriff or Register, to the Penalties before inflicted, in Case it shall be adjudged necessary for the Records of the respective Offices to be removed, by Order of the Inferior Court of Carteret.

XVII. And that due Regard may be paid to the Orders that may be made or given by the Commissioners of the said Town of Beaufort, Be it Enacted by the Authority aforesaid, That the Commissioners of the said Town for the Time Being, or a Majority of them, shall have full Power and Authority, to lay such Fine or Fines on any Person or Persons that shall refuse or neglect to obey any of the Rules and Orders that shall be passed by the said Commissioners, or a Majority of them, for the better Regulating the said Town, as they shall think fit, not exceeding Ten Shillings, Proclamation Money; and on refusal or Neglect to pay the same immediately, to issue their Warrant to any Sworn Officer, to levy the same, by Distress and Sale of the Offender's Goods and Chattels; the like Proceedings being first had, as before directed for the Commissioners to observe in the Recovery of Fines imposed by this Act.

XVIII. And whereas Part of Hatteras Banks, adjoining the Bounds of Currituck County, from the Place where Hatteras Inlet formerly was, and extending Westward to Ocacock Inlet, is not included in any County within this Province; by which Means the Inhabitants thereof are not liable to pay Taxes, or perform any Public Duties whatsoever: For Remedy whereof, Be it Enacted, by the Authority aforesaid, That from and after the Passing of this Act, all that Part of the said Banks from the Low Beach, which runs across the same to the Sea Side, and where Hatteras Inlet formerly was, extending Westward to Accomack Inlet, shall be forever hereafter annexed to the County of Carteret, and shall be held, taken, and deemed as Part of the same; and the Inhabitants thereof shall be liable and subject to the same Duties, Taxes, and Impositions, and entitled to the same Privileges, Benefits, and Advantages, as the other Inhabitants of the said County of Carteret.

XIX. And be it further Enacted, by the Authority aforesaid, That all and every other Act and Acts, Clause and Clauses, Article and Articles thereof, heretofore made, or so much thereof as relates to any Matter or Thing within

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the Purview of this Act, are hereby repealed and made void, and of no Effect.

CHAPTER XVII.
An Act for the regulation of the Town of Salisbury, securing the Inhabitants in their Possessions, and to encourage the Settlement of the said Town.

I. Whereas the erecting and establishing the Town of Salisbury hath been found highly Beneficial and convenient to the Inhabitants of the Western Parts of this Province, and the same being a healthy, pleasant Situation, well watered and convenient for Inland Trade;

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the Town aforesaid called Salisbury, and the Common belonging to the said Town, lying on each Side of the Western Great Road leading through the Frontiers of this Province, shall be bounded and circumscribed as by a Plan annexed to a Deed of Conveyance granted by the Agents of the Right Honorable John Earl Granville, to William Churton and Richard Viggers, and by them conveyed to James Carter and Hugh Foster as Trustees, for the Use of the Justices for the County of Rowan, and other Purposes in the said Deed expressed, containing Six Hundred and Thirty Five Acres of Land, duly recorded and registered in the County of Rowan aforesaid; which Plan shall be, for ever hereafter, the true and exact Plan and Boundaries of the said Town.

III. And be it further Enacted, by the Authority aforesaid, That after the passing of this Act, the Superior Courts of Justice, to be held for the District of Salisbury, and County Courts, the Election of Representatives to be sent to the General Assembly for the Borough of Salisbury, and County of Rowan, the Election of Vestrymen for the Parish of St. Luke; and all other Public Elections for the said Borough or County, shall be made and held in the Town of Salisbury, and at no other Place; any Law, Usage or Custom to the contrary notwithstanding.

IV. And be it further Enacted, by the Authority aforesaid, That the Sheriff of the County of Rowan, the Clerk of the Court for the said County, and the Register of the said County for the Time being shall hold and keep their respective Offices in the said Town of Salisbury.

V. And be it further Enacted, by the Authority aforesaid, That Mr. William Steel, Mr. John Dunn, Mr. Maxwell Chambers, Mr. John Lewis Beard, Mr. Thomas Frobock, Mr. William Temple Coles, Mr. Matthew Froy, Mr. Peter Rep, Mr. James Ker, Mr. Alexander Martin, and Mr. Daniel Little, be, and are hereby appointed Commissioners of the said Town; and they or a Majority of them, shall have the same Power and Authority, as the Commissioners to be chosen by this Act shall or may have, and be subject to the same Penalties.

VI. And be it further Enacted, by the Authority aforesaid, That the Commissioners, or the Majority of them, are hereby directed to issue their Warrant, at such Times as to them shall seem Meet, to the Overseers of the Roads and Streets, within the said Town, and the Town Common, to warn all Male Taxables within the Borough of Salisbury aforesaid, and the Liberties granted the said Borough by Charter, to clear, repair and pave the Streets: And any Person neglecting or refusing to work as directed in the said Warrant, or to furnish a good and sufficient Hand in his or their Place with proper tools, shall forfeit and pay Two Shillings and Eight Pence, Proclamation Money, per Day, for every Day he shall so refuse or neglect:

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And if any Person so appointed Overseer, shall refuse or neglect to serve as such, he or they shall forfeit and pay Forty Shillings, Proclamation Money, per Day, for every Day he shall so refuse or neglect; to be recovered by Warrant from under the Hands and Seals of the Commissioners, or a Majority of them, wherein shall be no appeal granted; and the Monies so recovered, shall be applied towards clearing and repairing the Streets, or any other Public Work in the said Town.

VII. And be it further Enacted by the Authority aforesaid, That the Commissioners or the Majority of them, shall determine all Complaints of Nuisances, lying upon the Streets, Dangers, Fire, arising from Wooden Chimnies, or any such Hazardous Buildings, and pass orders for the Removal of such Nuisances, and other Matters that shall or may incommode, hinder or interrupt, a free Passage through any of the Streets of the said Town, either for Carriages, Horse or Footman; And that no Person shall lay down, or place any Filth, Straw, or Rubbish, in any of the said Streets, except Scantling, or Stone, Brick, or Materials for Building, which shall or may be intended immediately for use; and in such Case, such Materials to be placed as near as reasonably may be to the Foundation of such intended Building; on Penalty of forfeiting Ten Shillings Proclamation Money, for each and every Offence; to be recovered and applied in Manner aforesaid.

VIII. And be it further Enacted by the Authority aforesaid, That the Owner or Owners, or Possessor of any Lot or Lots or Part of a Lot within the original Plan of the said Town, and adjoining the two Main Streets called Corbin Street, and Innis Street, and the Two other Streets running parallel with the aforesaid two Main Streets, shall grub, clear, Open, and inclose with Rails or Posts, and rail Fence such their respective Lots, at their Own Costs and Charges, within Twelve Months after the passing of this Act, and shall keep the same clean and open; on Penalty of Ten Shillings Proclamation Money, for each and every Offence. And that no Person shall build or erect any Piazza, Porch, or Balcony, fronting or adjoining the Streets of the said Town, exceeding Six Feet in Width, from the House to which such Piazza, Porch, or Balcony, adjoins; on Penalty of Five Pounds Proclamation Money, for each and every Offence; to be recovered by Action of Debt, in the Inferior Court of Pleas and Quarter Sessions, to be held for the said County by any Person who shall sue for the same. Provided such Prosecution be commenced within Two Years after the committing such Offence; to be applied as aforesaid.

IX. And be it further Enacted, by the Authority aforesaid, That no Inhabitants of the said Town shall, on any pretence whatsoever, keep any Hog or Hogs, Shoat or Pigs, running at large within the Bounds of the said Town, on Penalty of forfeiting such Hog or Hogs, Shoat or Pig, and paying the Sum of Twenty Shillings, Proclamation Money, to the Party aggrieved; and further, that it shall and may be lawful for any Person whatever, after the Tenth Day of March next, to shoot, kill, or otherwise destroy such Hog or Hogs, Shoat or Pig, so running at large within the said Town.

X. And to prevent Dangers arising by Fire, Be it Enacted, by the Authority aforesaid, That each and every Householder within the said Town of Salisbury, shall procure or cause to be procured, two sufficient Leather Buckets, and a Ladder and keep the same in continual readiness against any Alarm that may be given, occasioned by the breaking out of Fire at any Time in the said Town; on Penalty of paying Twenty Shillings Proclamation Money.

XI. And whereas the Too frequent Custom of immoderate riding Horses, and driving of empty wagons and Carts in and through the said Town, is

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found to have a very dangerous tendency: To prevent which, Be it Enacted by the Authority aforesaid, That no Person or Persons from and after the passing of this Act, on any Pretence whatever shall immoderately ride or strain any Horse or Mare, or drive any empty Waggon or Cart in or through the said Town or any of the Streets thereof; on Penalty of forfeiting and paying the Sum of Five Shillings Proclamation Money, for each and every Offence; to be recovered by Warrant, from under the Hand and Seal of any Justice of the Peace of the said County.

XII. And for the better and more effectual securing the Titles of the several Lots in the said Town in the Possessors thereof; Be it Enacted by the Authority aforesaid, That all Titles heretofore made to any Lot or Lots, or to any Part of a Lot (except one Lot in the said Town, heretofore received, and known by the Name of the Burying Ground) by James Carter and Hugh Foster, Trustees aforesaid, to any Person or Persons, the same being duly registered; and all titles made by the said Hugh Foster since the Death of the said James Carter, and registered as aforesaid, shall and is hereby declared to be good and valid in Law, to any such Purchaser or Purchasers, their Heirs and Assigns: Any Law, Usage, or Custom to the contrary, notwithstanding.

XIII. And whereas the Titles to several Lots lying and being in the Town of Salisbury, have by Reason of the Deeds not being duly registered, and other Circumstances, been brought into Dispute; Be it therefore Enacted by the Authority aforesaid, That all Deeds of Lots of Land, lying and being in the said Town of Salisbury, which shall be registered within Two Years from the passing of this Act, shall be good and sufficient in Law for so much as they were intended to convey; and shall have every Effect that they could have had if they had been registered within the Time by any Act of Assembly directed for the saving of the said Lots to the Proprietors.

XIV. And be it Enacted by the Authority aforesaid, That no Possession, except under Deeds from the Commissioners of the said Town, shall operate to give a Title to any Persons who have occupied or improved, or who now occupy or improve such Lots, against any Persons who have, bona fide, received and taken Deeds from the Commissioners of the said Town for the same.

XV. And be it Enacted, by the Authority aforesaid, That the aforesaid Lot, reserved and Known by the Name of the Burying Ground, be forever hereafter reserved for that Use only; and the Title thereof Vested in the Commissioners of the said Town, for the Time being, for the Uses and Purposes aforesaid.

XVI. And be it further Enacted, by the Authority aforesaid, That each and every Possessor of any Lot or Lots, or Part of a Lot, within the Original Plan or Map of the said Town, and adjoining either side of the two Streets called Corbin and Innis Street, who shall not, within the Term of Three Years after the passing of this Act, erect and build, or cause to be erected and built, a House of the Dimensions of Twenty Four Feet by Sixteen in the Clear, of Brick, Stone, or Frame, or Hewed logs, with either a good Brick or Stone Chimney, shall forfeit the said Lot or Lots, or Part of a Lot: And that any Possessor of any Lot or Lots adjoining the Two Streets, running parallel with the said Streets called Corbin and Innis Street, and within the said Plan, who shall fail to erect and build a House of the Dimensions aforesaid, with such Chimney, within the Space of Four Years, shall likewise forfeit such Lot or Lots; and the Commissioners aforesaid shall, and are hereby impowered and authorized, to enter upon and seize such

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forfeited Lot or Lots, or Part of such Lot, and to sell the same to any other Person, who shall purchase the same: And the said Commissioners, or the Majority of them, are hereby invested with full Power and authority to convey the same to some Purchaser; which Sale shall be good and Valid in Law to such Purchaser, his Heirs and Assigns, forever. Provided always, That nothing herein contained shall be construed, deemed, or taken, to affect or invalidate the Claim or Title of any Infant or Feme Covert.

XVII. And be it further Enacted, by the Authority aforesaid, That in Case of the Death or Removal of any of the Commissioners heretofore in this Act mentioned, that then it shall and may be lawful for the Justices of the Inferior Court of Rowan County, to appoint one or more Commissioner or Commissioners, in the Room of him or them so deceased or removed; which Commissioner or Commissioners, so appointed as aforesaid, shall, and is hereby declared to have as full Power and Authority, as the Commissioners appointed by this Act.

XVIII. And be it further Enacted, by the Authority aforesaid, That the said Commissioners appointed by this Act, or to be hereafter appointed, before they enter in and upon the Execution of their Office, shall take the following Oath, to-wit:

I, A. B., do swear, that I will execute the Office of a Commissioner for the Town of Salisbury, faithfully and truly, without Favour or Prejudice, and in all Things act for the Good of the said Town, and the well governing thereof, to the best of my Skill and Judgment, according to law. So help me God.

XIX. And be it further Enacted, by the Authority aforesaid, That the several Inhabitants of the said Town, their Servants and Slaves, Travellers and others, shall have free Access to all Springs, and Natural Fountains of Water within the said Town, and Town Common, without the Hinderance, Let, or Interruption of the Owner or Owners of such Lot or Lots or Common, whereon such Springs or Natural Fountains of Water are situate; and that the said Springs and Fountains of Water be, and are hereby declared to be free to all Persons, to supply themselves with water therefrom, to supply their several Uses; and that it shall and may be lawful for the Inhabitants of the said Town, their Servants or slaves as aforesaid, to cut, sell and appropriate, to his or their own Use, for Fire Wood, or Timber, for building in the said Town, any Tree or Trees now standing or being on the said Town Common without the Hindrance of any Person whatever.

XX. And be it further Enacted, by the Authority aforesaid, That the said Commissioners or the Majority of them, or their Successors, are hereby impowered, to lay out, and appoint a Proper Place in the said Town, for erecting and building a Market House, or other Public Buildings in the said Town.

XXI. And be it further Enacted, by the Authority aforesaid, That all Fines and Forfeitures that shall hereafter be recovered in Virtue of this Act, the Method whereof is not hereinbefore expressed, shall be by Warrant from under the Hands and Seals of the said Commissioners or the Majority of them, and applied as in this Act directed.

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CHAPTER XVIII.
An Act to amend An Act, entitled, An Act to impower the Inferior Courts of the several Counties in this Province, to order the laying out of Public Roads; and to 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.

I. Whereas by the before recited Act, among other Things therein contained, it is Enacted, that upon Application made to any of the Inferior Courts in this Province, for clearing navigable Rivers and Creeks, in their respective Counties, it shall and may be lawful for the said Courts, and they are hereby directed and required, to appoint such Overseers of the Roads as live most convenient to such Rivers and Creeks, with their Companies, to do and perform the same: And whereas the said Act hath been found, by experience not to answer the salutary Purposes intended thereby:

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That each and every Overseer of any Road in any County in this Province, whose District is most convenient, or adjoins any navigable River or Creek, shall, is, and are hereby directed and required, to clear and work on such River or Creek, with his company without any order of Court for that purpose not exceeding six days in every year: And every overseer so failing or neglecting to work in such river or creek agreeable to the Directions of this Act, shall be liable to the same pains and Penalties, and subject to the same Recoveries, as is directed to be had against Overseers by the before recited Act.

III. And whereas the Lower Little River, in Cumberland County, has been found by experience, to be navigable; and that Lumber, and other Commodities, have been rafted down the said River; and that it is practicable for Boats to pass up the same a Considerable Distance, the said River being cleared of Logs and Rafts, near Twenty Miles from the Mouth thereof: Be it Enacted by the Authority aforesaid, That any Person who hath built any Mill Dam, or that may hereafter build, or cause to be built, any kind of Dam or Bridge across the said River, that may obstruct or prevent the free Passage of any such Produce for the Future, and shall not make, or cause to be made, a Proper Slip, or other Convenience, in such Manner that any produce may be carried safely, and without Damage or Prejudice to the Owner; such Person so offending shall, for every Offence, forfeit and pay to the Party injured, all such Damages as he shall sustain thereby; to be recovered with Costs, before any Jurisdiction having Cognizance thereof.

IV. Provided nevertheless, That no such Owner or Possessor of such Mill-Dam or Bridge shall be obliged to make such Slip, or other Convenience, till after the first Day of November next.

V. Provided also, That this Act, nor any Thing herein contained, shall not extend and be in Force in the Counties of Craven, Edgecomb, Halifax, Pitt, Hyde, Currituck, Duplin, Pasquotank, Carteret, Bute, Chowan, Hertford and Granville; any thing herein contained, to the contrary, notwithstanding.

CHAPTER XIX.
An Additional and Explanatory Act to an Act, entitled, An Act for regulating the several Officers Fees within this Province, and ascertaining the Method of paying the same; and for taxing Law suits.

I. Whereas frequent Complaints have been made that the Fees of the

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Clerks of the Superior and Inferior Courts, as regulated by former Acts of Assembly are doubtful and Ambiguous: For explanation whereof,

II. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That for the future the following Fees only shall be received by the Clerks of the Superior and Inferior Courts; and no other or greater Fees or Charges whatsoever shall be Deemed or construed to be allowed by the former Acts of Assembly, to-wit,

For every Writ or leading Process returned to the First Court; and all subsequent Process, Appearances, Pleas, Rules, Orders, and other Services necessary thereon until the making up an Issue Inclusive; and also, for Dismission, or Final Judgment, where either Happens; or for concession of Judgment, to the Clerk of the Court, Fourteen Shillings.

For every Continuance, or Reference of every Cause after the secondCourt, including all Fees for every Service necessary thereon, Four Shillings.

For the Court at which the Cause is determined, including all Fees for every Necessary Service thereon, and entering final Judgment inclusive, Eighteen Shillings.

For every Subpoena, more than three different and distinct Subpoenas, in any Cause, the Clerk shall be allowed, by the Party praying such Subpoena, Two Shillings.

Provided always, that the Parties taking out any one of the Five Subpoenas intended by this act to be issued without fee may be at liberty to insert in each Subpoena any Number of Witnesses, not exceeding Four, Two Shillings. When necessary for every execution, or Order of Sale, issued and returned, including all services thereon, with taking Costs and Copy, and entering Satisfaction, Five Shillings.

For every Scire Facias against Bail, with making up an Issue thereon, or entering Judgment without Plea, including all Fees for every Service necessary thereon; provided that the Party paying Costs, shall not be subject to this, unless the Scire Facias is requisite, and required by the Plaintiff; Eight Shillings.

For giving a Copy of the Record of any Cause when demanded by either of the Parties, Six Shillings.

For every Order or Rule of Court, made on Matters foreign to the Suits depending in Court, and Copy thereof when demanded, Two Shillings and Eight Pence.

For entering on the Minutes the Probate of a Will, Qualifying Executors, making Certificate, recording the Will, and giving Copy thereof, Ten Shillings and Eight Pence.

For granting Administration, taking Bond, and all other Services thereon, Ten Shillings and Eight Pence. For all Services necessary to be done by the Clerk of the Court, towards procuring Letters of Administration, or Letters Testamentary, if he furnishes the said Letters, including the Governor's, Secretary's, and private Secretary's Fees, Twenty Six Shillings and Eight Pence.

For all Services in Proving, recording, and filing an Inventory, Account Sales, or Account Current exhibited by an Executor, Administrator, or or for Search Copy and Certificate of the same, if the Estate be under One Hundred Pounds, One Shilling and Four Pence; if above One Hundred Pounds value, Four Shillings.

For every Marriage License and Bond, and all the necessary Services thereon, Five Shillings.

For an Ordinary License and Bond, and all the Services necessary to be done thereon, Five Shillings.

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For Tavern Rates, Two Shillings and Six Pence.

For searching a Record out of Court, Eight Pence.

For proving or entering Acknowledgment of a Conveyance of Land, or other Estate, and certifying the same, with the Order for Registration, and examination of a Feme Covert without Commission, Two Shillings and Eight Pence.

For a Commission to take the Examination of a Feme Covert, or Witnesses in any Cause depending in the Superior Court, the Return thereon, entering, and all other services necessary thereon, Three Shillings.

For Guardian and other Bonds taken in Court, and for all necessary Services thereon, every Fee relative thereto included, Eight Shillings.

For Indentures for binding out Apprentices, making Order thereon, and for filing and recording the same, including all Fees for every Service necessary, Five Shillings and Four Pence.

For a Special Venire Facias in an Action of Ejectment, or where the Bounds of Land shall come in Question, when the said Writ shall be issued, Eight Shillings. For a Special Verdict, Demurrer or Motion in Arrest of Judgment and Argument thereon, Four Shillings.

For Writ of Error or Appeal, with a Transcript of the Record, and all Services thereon, Ten Shillings.

For making out Certificates of Witnesses or Jurymen's Attendance, Eight Pence.

For recording a Mark or Brand, and granting Certificate thereon, if required, One Shilling and Four Pence.

III. And be it further Enacted by the Authority aforesaid, That all the Services necessary to be done by the Clerks, of the Superior and Inferior Courts within this Province, for which Fees are not Provided in this Act, shall be Deemed and construed to be exofficio Services, for which the Clerks shall Demand no Fee or Reward whatever, except what shall be allowed such Clerks by the Inferior Court of their respective Counties for such Services.

IV. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the Clerks of the Inferior and Superior Courts on the Fees not being paid by the Party from whom they are due, to make out Execution, directed to the Sheriff of the County where the Party resides; and the said Sheriff shall levy the same, in Virtue of the said Execution, as in other Cases; and to the said Execution shall be annexed a Copy of the Bill of Costs of the Fees on which such Execution shall issue, wrote in words at length, and without any Abbreviation whatsoever; and all Executions Issuing without the Copy of such Bill of Costs annexed, shall be deemed illegal, and no Sheriff shall serve or execute the same.

V. And be it further Enacted by the Authority aforesaid, That whenever it shall be the Opinion of the Court, that the Party praying a Continuance, should not obtain it without payment of all Costs attending the same, the whole of these Costs shall be paid before the Continuance is granted; and the Party paying such Costs shall not be entitled to recover them, although the Judgment of the Court should finally be in his Favour.

VI. And be it further Enacted by the Authority aforesaid, That if any Person shall hereafter conceive himself aggrieved by any Clerk of the Superior or Inferior Courts in taxing or charging other or greater Fees than by this Act are allowed, it shall and may be lawful for such Person so aggrieved, either by himself or his Attorney, to complain to the Court where such Offender is Clerk; and the said Court shall in a Summary Way, take the Matter under their consideration; and if it shall appear to them

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that such Clerk hath taxed and charged other or greater Costs or Fees than are by this Act allowed, then the said Court shall not only Order immediate Restitution to be made to the Party Injured, together with all Costs and Damages but also may, and they are hereby required, to set such Fine as they shall think Proper on such Clerk, not exceeding the sum of Five Pounds; and the Court shall commit such Clerk to Gaol if he refuses or delays to obey their Judgments, there to remain until he has satisfied the Party Injured, agreeable to the Judgment of the Court, and also paid the Fine inflicted on him to the Sheriff; which Fine shall be applied towards defraying the contingent Charges of the County where such Court shall be held, and shall be accounted for by the Sheriff, at the same Time as he accounts for the County Tax: Provided, that such Clerk shall have Ten Days Notice in Writing, previous to the Sitting of the Court where such Complaint is intended to be made; and that there shall be at least Five Justices on the Trial of such Complaint, if in the Inferior Court; and the Notice shall be in these Words, or to this effect.

“I intend to complain of you to the next —— Court, for taking more Fees in the Suit of —— against —— than the Law allows.”

And a Copy of this Notice, directed to the Clerk, and signed by the Com-Plainant, proved by the Oath of the Person who served it, with a Copy of the Bill of Costs, from the Officer who levied the same, shall be sufficient for the Court to judge upon, without any other or further Process.

VII. And be it Enacted, by the Authority aforesaid, That if any Clerk shall, during the sitting of the Court whereof he is Clerk, demand other or greater Fees than by this Act allowed, the Court shall immediately, on complaint being made thereof, determine what Fee or Fees shall be paid to the said Clerk by the Party complaining.

VIII. And be it further Enacted, by the Authority aforesaid, That if any Clerk of the Court in this Province shall hereafter be guilty of any Breach or Neglect of Duty enjoined by this Act, such Breach or Neglect of Duty shall, on a second Conviction, be adjudged and deemed a Misbehavior in Office, for which such Clerk shall be suspended by the said Court, on Complaint.

IX. Provided nevertheless, That in Case the Clerk shall be dissatisfied with the Determination of the Inferior Court, he may appeal to the Superior Court of the District, in which case there shall be a Trial de Novo; where if the Suspension of the Inferior Court shall be confirmed, the said Clerk shall ever after be rendered incapable of Acting as Clerk in any Court of Justice in this Province.

X. Provided always, That no Clerk shall be liable to any Penalty or Suspension for failing to construe and comply with the Directions of this Act, in Relation to his Making out and taxing his Bills of Costs, until Six Months from and after the Passing of this Act.

XI. And be it further Enacted by the Authority aforesaid, That there shall be paid to the Clerk at the Time of Issueing any Writ, or any other leading Process, by the Person sueing out the same, returnable to the Superior Court, the Sum of Twenty Shillings; and if returnable to the Inferior Court, the Sum of Five Shillings, for the Use of the contingent Fund; to be recovered by the Party Cast, in the same Manner as other Costs.

XII. And be it further Enacted, by the Authority aforesaid, That the Clerk of each Superior Court shall Account for, and pay to the Treasurer of his respective District, at the Sitting of the Superior Court whereof he is Clerk, or in One Month after, all Monies received by him for the Contingent

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Fund, in Virtue of this Act; and shall make and deliver therewith an exact List, on Oath, of every leading Process issued by him, or returned by the Court whereof he is Clerk: And the Clerks of the Inferior Courts shall, at the Superior Courts of their respective Districts, or in One month after the same, account for and pay to the Treasurer of their respective Districts all monies received by them for the Use of the Contingent Fund, in Virtue of this Act; and shall also make and deliver therewith an Exact List, on Oath, of every leading process by them issued or returned to the Court of which they are respectively Clerks; which List shall be certified by a Magistrate, at the Court of the County whereof he is Clerk, immediately preceding the Superior Court at which he is to account.

XIII. Provided nevertheless, That where any Suit shall be brought by an Executor, Administrator, or Guardian, and no recovery is had on the Trial, the Tax shall be returned to the Party paying the same; and also, when a Writ or other leading Process cannot be executed, and the Plaintiff or Plaintiffs shall dismiss the same, he or they shall receive from the Clerk the Tax paid on such Writ or leading Process; which sums so repaid shall be allowed to the Clerk on his Settlement with the Treasurer, on his producing a List of such Suits, certified by the Court of which he is Clerk; any Thing herein contained, to the contrary, notwithstanding.

XIV. And be it further Enacted by the Authority aforesaid, That the Clerks of the respective Courts shall transmit to the Clerk of the Assembly, at each session of Assembly, Copies of the Account settled with the Treasurer, preceding such Sessions of Assembly, provided such Copies were not before transmitted; and shall be allowed by the Treasurer the Sum of Eight per cent. on all Monies paid by Virtue of this act, out of a Contingent Fund; and the Money received by the Treasurer in Virtue of this Act, shall be by him accounted for as other Monies received for the Use of the Contingent Fund.

XV. And be it further Enacted, by the Authority aforesaid, That the Clerks, of the Superior and Inferior Courts shall, respectively, enter into Bonds with Good and sufficient Security, in the Sum of Five Hundred Pounds, for the faithful Discharge of their Office, in collecting the Tax herein before Mentioned; which Bonds shall be taken by their Respective Courts, at the First Court after the First Day of March next, and made payable to the Governor, or Commander in Chief for the Time being, and lodged with the Treasurers of the District where such Clerk shall reside.

XVI. And be it further Enacted by the Authority aforesaid, That every Act and Acts of Assembly now in Force, allowing Fees to the Clerks of the Superior and Inferior Courts within this Province, and all other Acts laying Taxes on Suits, so far as comes within the Purview of this Act, are, and shall be hence forth repealed and made void.

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

CHAPTER XX.
An Act for granting a Salary to the Chief Justice, out of the contingent fund.

I. Whereas it is necessary that the Chief Justice for the Time being should be provided for in a Manner suitable to his Dignity;

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That there shall be paid to the Chief Justice for

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the Time being, in Lieu of all Manner of other Salaries, Fees, or Perquisites whatsoever, the Sum of Six Hundred Pounds, Proclamation Money, per Annum; and also the Sum of Fifty Pounds, Proclamation Money, for each and every Superior Court he shall attend, to be certified by the Clerks, and no more; to be paid cut of the contingent Fund.

III. Provided nevertheless, That if the Chief Justice should be prevented by Sickness from attending at any of the Superior Courts, and the same being made to appear, on Oath, he shall be paid the same Sum as if he was personally present.

IV. And be it further Enacted by the Authority aforesaid, That this Act, and every Clause and Article thereof, shall be in Force for and during the Term of Three Years, from the Tenth Day of June Next, after the passing hereof, and no longer.

CHAPTER XXI.
An Act to prevent the Unreasonable Destruction of Fish in the Rivers Roanoke and Dann, and other Water Courses therein mentioned.

I. Whereas many Avaricious Persons, by fishing with several Seins at the same Fishing Place, and by keeping Nets extended across the Rivers, Roanoke, Dann, the Yadkin River, the South Fork of the Yadkin River, the Catawba, the South Fork of the Catawba, as high as Henry Whitner's, Rocky River, as high as Moses Alexander's Mill, Broad River, as far up as Captain Bankton's Place, and County Line Creek, as far as George Boyd's Place, prevent the Fish from passing up the said Rivers, so that the Inhabitants living on the Upper Parts of the said Rivers are deprived from the Benefit of catching Fish therein:

II. Be it therefore Enacted by the Governor, Council, and Assembly and by the Authority of the same, That it shall not be lawful for any Person or Persons whatsoever, from and after the passing of this Act, to drag and fish with more than one sein at any one Fishing Place, or within One Eighth of a Mile of each other, on the said Rivers, at any Time during the Season for Fishing; or to keep a Net or Sein extended or fixed across any of them: or to make any Hedges, stops or Dams, on the same, to hinder or prevent the Fish from passing up the said Rivers; And if any Person or Persons shall offend herein, he or they shall, for every such Offence, forfeit and pay the Sum of Ten Pounds, Proclamation Money; to be recovered by Action of Debt, by the Informer, in any Court of Record having Jurisdiction thereof.

CHAPTER XXII.
An Act for erecting part of Johnston, Cumberland, and Orange Counties, into a separate and Distinct County, by the Name of Wake County and St. Margaret's Parish.

I. Whereas the large extent of the said Counties of Johnston, Cumberland, and Orange, renders it grievous and Burthensome to many of the Inhabitants thereof, to attend the Courts, General Musters, and other Public Meetings therein:

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the Twelfth Day of March next, after the passing of this Act, the said Counties of Johnston, Cumberland, and Orange, be divided by the following Lines; that is to say; Beginning

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at Edgecomb Line on Mocossin Swamp, a Mile above James Lea's Plantation, running a direct Line to Neuse River, at the upper End of John Beddingfield's Plantation; then to David Mimm's Mill Creek, between Mimm's Mill and Tanner's old Mill; then the same course continued to the Ridge which divides Cumberland and Johnston Counties; then a straight Line to Orange Line, at the lower End of Richard Hill's Plantation, on Buckhorn; then the same Course continued Five Miles; then to the Corner of Johnston County on Granville Line; then with the same Line and Bute Line to Edgecomb Line; and along Edgecomb Line to the Beginning; be thenceforth erected into a Distinct County and Parish, by the name Wake County, and St. Margaret's Parish.

III. And for the due administration of Justice; Be it further Enacted by the Authority aforesaid, That after the aforesaid Twelfth Day of March, a Court for the aforesaid County of Johnston, be constantly held by the Justices thereof, at Captain John Smith's, upon the last Tuesdays in February, May, August, and November; and also, that a Court for the said County of Wake, be constantly held by the Justices thereof, at such Place as shall be laid off, and agreed upon, by the Commissioners herein after appointed for that Purpose or a Majority of them, on the First Tuesdays in March, June, September, and December, in every Year, as by the Laws of this Province is provided, and shall be, by Commission to the said Justices respectively, directed.

IV. And be it further Enacted, That nothing herein contained shall be construed to debar the Sheriffs of the Counties of Johnston, Cumberland, and Orange, as the same now stand undivided, to make Distress for any Levies, Fees, or other Dues, that shall be due from the Inhabitants of the said Counties, on the said Twelfth Day of March, in the same Manner as by Law, the said Sheriffs could or might have done if the said Counties had remained undivided; and the said Levies, Fees, and other Dues, shall be accounted for in the same Manner as if this Act had never been Made; any Thing herein contained to the contrary notwithstanding.

V. And be it further Enacted by the Authority aforesaid, That after the said Twelfth Day of March, the said County of Johnston shall be, continue, and remain Part of the District of the Superior Court of Justice held for the District of New Bern; and that the said County of Wake shall be, continue, and remain Part of the District of the Superior Court of Justice held for District of Hillsborough.

VI. And be it further Enacted, by the Authority aforesaid, That the Sheriff of the County of Wake for the Time Being, after the said Twelfth Day of March, shall account with and pay to the Public Treasurer of the Southern District of this Province for the Time Being, all Public Levies by him collected, or wherewith he shall stand chargeable, in the same Manner and under the like Pains and Penalties, as other Sheriffs in the said District.

VII. And be it further Enacted by the Authority aforesaid, That Joel Lane, Theophilus Hunter, Hardy Sanders, Joseph Lane, John Hinton, Thomas Hines, and Thomas Crawford, Esquires, or a Majority of them, be and are hereby appointed Commissioners, to agree upon, appoint and lay off, a proper and convenient Place, for erecting and Building a Court House, Prison, and Stocks, for the Use of the said County of Wake; and that Joel Lane, James Martin, and Theophilus Hunter, Esquires, or the Majority of them, or their Survivors, be and are hereby appointed Commissioners; and 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 Wake:

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And that Benjamin Williams, John Smith, Jun., and William Bryan, Esquires, or the Majority of them, or their Survivors, be, and are hereby appointed Commissioners, and 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 Johnston.

VIII. And for reimbursing the Commissioners the Money they shall expend in erecting the said Buildings; Be it further Enacted, by the Authority aforesaid, That the Justices of the Inferior Courts of the said Counties of Johnston and Wake respectively, be, and are hereby impowered, directed and required, to lay such a Poll Tax on each Taxable Person in the said Counties respectively, as shall be sufficient to defray the Costs and Expences necessarily laid out and expended in erecting, building and compleating the same; and all Persons in either of the said Counties, who shall neglect to pay the said Tax till after the Tenth Day of March in each Year, shall thereafter be liable to the same Distress as for non-Payment of Public Taxes; and the Sheriff of each of the said Counties 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 so by him to be collected to the Commissioners aforesaid, after deducting Eight per Cent for his Trouble in collecting the same; that is to say, so much thereof as shall be levied on the Taxable Persons in the County of Johnston, to the aforesaid Benjamin Williams, John Smith, and William Bryan, the Survivor or Survivors of them; and such Part of the same as shall be levied on the Taxable Persons in the County of Wake, to the aforesaid Joel Lane, James Martin, and Theophilus Hunter, the Survivor or Survivors of them; and in Case of Failure or Neglect therein by the Sheriff, he shall be liable to the same Penalties, Restrictions, Process, and Remedy, for enforceing the Payment thereof, as by law may be had against Sheriffs who neglect or refuse to account for and pay Public Taxes.

IX. And be it further Enacted, by the Authority aforesaid, That the Justices of Johnston County Court shall and may, and they are hereby Authorized, impowered and directed, to hear, try, and determine, all Causes which were pending in the said County Court of Johnston, and undetermined, on the said Twelfth Day of March, and to give Judgment and award Execution thereupon, in the same Manner, to all Intents and Purposes, as the Justices of Johnston County Court might or could have done if the said County had remained undivided; Any Law, Usage or Custom to the contrary notwithstanding.

X. And be it further Enacted, by the Authority aforesaid, That after the said Twelfth Day of March, it shall and may be lawful for the Justices of the Inferior Courts of the Counties of Johnston and Wake, to nominate and appoint the following Number of Freeholders, to serve as Grand and Petit Jurors, at the respective Districts aforesaid; that is to say, Johnston Four Jurors, and Wake Six Jurors; any Law Usage or Custom, to the contrary, notwithstanding: A List of which Jurors so nominated, shall be delivered by the Clerk of the respective Counties to the Sheriff, who shall, and is hereby required, to summons the Persons so nominated to serve as Jurymen at the Superior Court of the District; which Jurymen so nominated shall have and receive the same allowance, and shall be under the same Rules, Fines, and Restrictions, as other Jurymen are in the respective Counties of this Province.

XI. And whereas by the Laws now in Force, Ten Jurors are sent to the Superior Court of the District of New Bern for the County of Dobbs, and it being now thought unnecessary that the same Number be hereafter sent: Be it Enacted, by the Authority aforesaid, That from and after the passing

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of this Act, Six Jurors only be sent to the Superior Court of the District of New Bern for the said County; any Law, Usage, or Custom, to the contrary, notwithstanding.

XII. And be it further Enacted, by the Authority aforesaid, That the Vestry of the Parish of St. Stephen, in Johnston County, as the same now stands undivided and entire, shall from henceforth be, and is hereby dissolved and made void, to all Intents and Purposes. Provided nevertheless, That all Acts of the said Vestry, heretofore legally made and done, are hereby declared to be as good and Valid, as if this Act had never been made.

XIII. And be it further Enacted by the Authority aforesaid, That the Freeholders of the Parish of St. Margeret, in the County of Wake, shall, and they are hereby impowered, required, and directed, to meet at the Place to be appointed by the Commissioners, for appointing a proper and convenient Place for building a Court House, Prison, and Stocks, in the said County of Wake, on Easter Monday next after the passing of this Act, then and there to elect and Choose Twelve Freeholders of the said Parish to serve as Vestrymen for the said Parish of St. Margaret's: And the Freeholders of the Parish of St. Stephen, in the County of Johnston, shall, and they are hereby impowered, directed, and required, to meet at Captain John Smith's aforesaid, on Easter Monday next after the passing hereof, then and there to elect and choose Twelve Freeholders of the said Parish to serve as Vestrymen of the said Parish; which Elections shall be made by the Sheriff of Johnston County, as the same now stands undivided; under the like Rules and Restrictions, Pains and Penalties, as well in respect to the said Sheriff as the Freeholders of the said Parishes, as other Elections of Vestries in this Province are by Law appointed to be made: And the Freeholders so elected Vestrymen for the said Parishes respectively, after taking the Oaths by Law appointed for their Qualification, shall be, and they are hereby declared to be from thenceforth the Vestries of the said Parishes respectively; and are hereby required to exercise and use the same Powers and Authorities, as other Vestries in this Province may, can, or ought to exercise.

XIV. And be it further Enacted, by the Authority aforesaid, That Joel Lane, John Smith, Theophilus Hunter, Farquard Campbell, and Walter Gibson, or any Three of Them, be, and they are hereby appointed Commissioners, and impowered and required to run the said Dividing Line between the Counties aforesaid, agreeable to the Directions of this Act; which said Lines when run by the Commissioners aforesaid, or any Two of them, shall be by them entered on Record in the Court of each of the said Counties of Johnston and Wake, and shall thereafter be deemed and taken to be the Dividing Lines between the said Counties.

XV. And for defraying the Charges of running the said Line, Be it further Enacted by the Authority aforesaid, That the Inferior Courts of each of the said Counties of Johnston and Wake shall lay such a Poll Tax on the Inhabitants of their respective Counties (which shall be levied in the same Manner as other Public Taxes) as shall be sufficient to pay and satisfy their respective Commissioners for the Charge and Trouble in running the aforesaid Line.

XVI. 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 or Successors, of Granting Letters of Incorporation to the said County of Wake; of ordering, appointing, and directing, the Election of Members to represent the same in Assembly; in granting Markets and Fairs to be kept and held in the said County of Wake; but that

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the said Right and Prerogative, shall and may, at all Times hereafter, be exercised therein by his Majesty, his Heirs or Successors, in as full and ample Manner, to all Intents and Purposes whatsoever, as if this Act had never been Made.

CHAPTER XXIII.
An Act for Vesting the School House in Edenton in Trustees.

I. Whereas the Inhabitants of the Town of Edenton, for the promoting the Education of Youth, and Encouragement of Learning, have by Voluntary Subscription purchased Two Lots, and erected a convenient School House thereon, in an agreeable and healthy Situation in the said Town: Therefore, for the rendering more Useful and effectual so laudable an Undertaking;

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the said House, with the said Two Lots of Land, be, and are hereby vested in Joseph Blount, Joseph Hewes, Robert Hardy, Thomas Jones, George Blair, Richard Brownrigg, and Samuel Johnston, Esqrs., and their Successors forever, as Trustees for the several Purposes herein after Mentioned; and on the Death or Removal out of Chowan County of any of the said Trustees, it shall and may be lawful for the Majority of the remaining Trustees, to elect and choose another Trustee or Trustees, in the Room and Stead of him or them so dying or removing.

III. And be it further Enacted, by the Authority aforesaid, That the said Trustees, or a Majority of them, are hereby impowered to receive and take all such voluntary Subscriptions or Donations as any Person or Persons may think proper to bestow, for enlarging, improving and endowing the said School; and also to agree with, and employ One or more Person or Persons, of approved Morals, and well instructed in the Languages, to preside in, and keep the said School; and on the Misbehavior of the said School Master or School Masters, to remove him or Them, and to appoint another or others in his or their stead; and from Time to Time, to make and ordain such other Rules, Orders, and Regulations, for the Well Ordering and Good Government of the said School, as to them shall seem Meet and convenient; provided the said Rules correspond, and be, as near as may be, agreeable to the Laws of Great Britain and this Province.

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

CHAPTER XXIV.
An Act for erecting a new County between the Towns of Salisbury and Hillsborough by taking Part of the Counties of Orange and Rowan.

I. Whereas the great Extent of the Respective Counties of Rowan and Orange render the Attendance of the Inhabitants of Part of Rowan County, and the Inhabitants of the Upper Part of Orange County, to do Public Duties in their Respective Counties, extremely Difficult and Expensive: For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That a Line beginning at a Point Twenty Five Miles

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due West of Hillsborough, running thence North to the Virginia Line, then West to a Point due North of the Painted Springs, then South to Anson Line, then along Anson and Cumberland Lines to a Point due South of the Beginning, then North to the Beginning, be erected into a Distinct County, by the Name of Guilford and Unity Parish.

III. And for the due Administration of Justice, Be it Enacted by the Authority aforesaid, That from and after the first Day of April next, an Inferior Court of Pleas and Quarter Sessions be constantly held for the said County on the Second Tuesdays in February, May, August, and November, at the House of Mr. Robert Lindsay, by commission to the Justices, in the same manner as other Inferior Courts of Pleas and Quarter Sessions are held within this Province; and the said Inferior Court shall take Cognizance of all Matters, Suits, and Things, and is hereby vested with the same Powers, Jurisdictions, and Authorities, as any other Inferior Court shall or can have within this Province.

IV. And be it further Enacted, by the Authority aforesaid, That the said Justices to be appointed for the County of Guilford, are hereby directed to meet on the second Tuesday in May next, at the House of Mr. Robert Lindsay aforesaid, and take the Oaths appointed for their Qualification; and the Justices of the said County of Guilford, or any Three of Them, after being so qualified, shall hold an Inferior Court of Pleas and Quarter Sessions, at the Times and Places herein before appointed: And the said Justices of the Peace, and every of them, at all Times during their Continuance in Office, as well within the Inferior Courts of Pleas and Quarter Sessions as without, shall have and exercise the same Powers and Authorities, and be subject to the same Penalties and Forfeitures as other Justices of the Peace of the several Counties within this Province are liable.

V. And be it further Enacted, by the Authority aforesaid, That a Poll Tax of Two Shillings be laid on each Taxable Person of the said County of Guilford, for Three Years, for Building a Court House, Prison, and Stocks, in the said County; which said Tax shall be collected by the Sheriff of the said County, at such Times, and in the same Manner, as other Taxes are collected, and shall be paid to the Person or Persons who shall be impowered to receive the same.

VI. And be it further Enacted, by the Authority aforesaid, That nothing herein contained shall be construed to debar the Sheriff of the County of Rowan, or the Sheriff of the County of Orange, as the said Counties stand respectively undivided, to make Distress for any Taxes, Levies, Fees, or other Dues, that shall be due from the Inhabitants of the said Counties on the First Day of April next, in the same Manner as by Law the said Sheriffs respectively might or could do if the said Counties had remained undivided; and the said Taxes shall be collected and accounted for in the same Manner as if this Act had never been Made; any Thing herein contained, to the contrary, notwithstanding.

VII. And to the End that no Action commenced in Rowan County, or Orange County, be defeated by the Division aforesaid; Be it Enacted by the Authority aforesaid, That where any Action already Commenced in Rowan County, or Orange County, and the Parties or Evidences shall be Inhabitants of Guilford County, all Subsequent Process against such Parties or Witnesses shall be directed to be Executed by the Sheriff of Rowan, if such Action was commenced in the County of Rowan or by the Sheriff of Orange, if such Action was commenced in the County of Orange, to the End and Final Determination of the said Causes; any Law, Usage or Custom to the contrary notwithstanding.

-------------------- page 825 --------------------

VIII. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act the said County of Guilford, shall be and continue Part of the District of the Superior Court held for the District of Salisbury; and the Justices of the said County of Guilford shall, and are hereby directed, at the Court to be held for the said County next preceding every Superior Court, to nominate Six Freeholders to serve as Grand and Petit Jurors at such Superior Court, a List of such Jurors so nominated shall be delivered by the Clerk of such Court to the Sheriff, who shall, and is hereby required, to summons such Persons so nominated to serve as Jurymen at such Superior Court of Justice held for the District of Salisbury; which Jurymen so nominated shall have and receive the same Allowance, and shall be under the same Rules, Fines and Restrictions, as other Jurymen are in the respective Counties in this Province. And the Sheriff of the said County of Guilford shall from Time to Time account for and pay to the Public Treasurer of the Southern District of this Province, for the Time being, all public levies by him collected, or wherewith he shall stand chargeable, in the same Manner, and under the same Pains and Penalties, as other Sheriffs of the said District.

IX. And whereas the Jurors appointed by Law to serve at the Superior Court for the District of Salisbury, were limited to Ten for Anson County, Eight for Mecklenburg, and Six for Tryon County; Be it Enacted by the Authority aforesaid, That the Jurors attending the said Superior Court after the passing of this Act, shall be only Six for the County of Anson, and Six for the County of Mecklenburg; any Thing in any Former Law contained to the contrary notwithstanding.

X. And be it further Enacted by the Authority aforesaid, That the several Sheriffs to be commissioned for the County of Guilford shall be in the same Manner as is directed for appointing and commissioning Sheriffs in the other Counties in this Province; which Sheriffs so commissioned shall account with, and pay to the Treasurer of the Southern District, all Monies which he shall or ought to receive, in the same Manner as other Sheriffs, and shall have the same Powers and Authorities, and be liable to the same Fines, Forfeitures and Penalties, as are directed and inflicted by several Acts of Assembly of this Province.

XI. And be it further Enacted, by the Authority aforesaid, That the Commissioners, or the Majority of them, herein after appointed, are hereby impowered and directed to employ Workmen for building a Court House, Prison and Stocks, in the said County, for the Use of the said County of Guilford; and the said Court, and all Causes, Matters and Things, in the same depending, after such Court House shall be built, shall stand adjourned from the Place where the Court should before have been held, to the Court House.

XII. And be it further Enacted, by the Authority aforesaid, That John Pryor, Edmund Fanning, Alexander Martin, Matthew Locke, John Dunn, Griffith Rutherford, and John Campbell, Esquires, or the Majority of them, be, and they are hereby appointed commissioners for laying off and appointing a Place, and thereon erecting a Court House, Prison and Stocks, for the said County of Guilford, and for running the Dividing Lines between the said County of Guilford and the Counties of Orange and Rowan, agreeable to the Directions in this Act before Mentioned; which said Commissioners shall be paid their necessary Expences for running the said Lines by the County of Guilford, out of the County Tax.

XIII. Provided always, That nothing herein contained shall be construed, deemed, or taken, to alter or derogate from the Right and Royal Prerogative

-------------------- page 826 --------------------
of his Majesty, his Heirs and Successors, for granting Letters of Incorporation to the said County of Guilford, and the Direction of a Member or Members to represent the said County in the General Assembly of this Province, or granting Markets and Fairs, to be kept and held therein; but that the Right and Royal Prerogative shall and may at all Times hereafter, be exercised therein by his said Majesty, his Heirs and Successors, in as full and ample a Manner, to all Intents and Purposes whatsoever, as if this Act had never been Made.

XIV. And be it further Enacted, by the Authority aforesaid, That the Freeholders of the said Parish of Unity, shall on next Easter Monday, meet at the Place where the Inferior Court of the County of Guilford is held, then and there to choose and elect vestrymen for the said Parish of Unity; which Vestrymen so chosen shall be invested with the same Powers and Authorities, and liable to the same Rules, Restrictions, and Penalties, as other Vestries are by Law subjected to; which Vestrymen so chosen and elected shall be, and remain the Vestry of the said Parish of Unity, until the Time by Law appointed for the Election of Vestrymen throughout this Province.

CHAPTER XXV.
An Act for authorizing Presbyterian Ministry, regularly called to any Congregation within this Province, to solemnize the Rites of Matrimony, under the Regulations therein mentioned.

(Repealed by Proclamation.)

CHAPTER XXVI.
An Act to amend and Continue an Act, For facilitating the Navigation of Port Bath, Port Roanoke, and Port Beaufort.

I. Whereas many Ships and Vessels bound into Ocacock Inlet are frequently detained on the Outside of the said Inlet by the Negligence of the Pilots, to the great Injury of the Persons concerned in the said Ships and Vessels: And whereas the Rates allowed for piloting Vessels into the said Inlet, by the before recited Act, are inadequate to the Expence of Boats and Hands proper to be employed in such Service:

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the authority of the same, That from and after the First Day of March next, there shall be paid and allowed to every Branch Pilot, who shall be provided with a good Decked Boat, well fitted with Sails and Rigging, and who shall take Charge of any Ship or Vessel at Sea, the following Pilotage; that is to say, For every Ship or Vessel that drawn Nine Feet of Water, or less, from the outside of the Bar of Ocacock into Beacon Island Road, or any other Harbour where Vessels usually anchor at, Four Shillings Proclamation Money, per Foot. And for every Vessel drawing Nine Feet Water, or upwards, Five Shillings, Proclamation Money, per Foot; and that the Pilotage outwards be and remain the same as mentioned in the before recited Act.

III. And for the further Encouragement of Pilots to board Vessels at Sea, Be it further Enacted by the Authority aforesaid, That when any Pilot shall offer his Service to any Master of a vessel, bound into the said Inlet of Ocacock, he shall be entitled, although the Master of such Vessel shall

-------------------- page 827 --------------------
refuse to employ him, to the same Fees to which he would have been entitled to if he had taken Charge of the said Vessel, and the Master shall be obliged to pay the same accordingly; And if any Ship or Vessel coming into the said Inlet of Ocacock, and taking a Pilot on Board, shall be by contrary Winds, or otherwise, drove off the Coast, the Master or Owner of such Vessel shall allow and pay the said Pilot Two Shillings and eight Pence, for each and every day he shall be on Board the said Vessel, over and above his Pilotage.

IV. And be it further Enacted by the Authority aforesaid, That when any Branch Pilot shall see any Vessel on the Coast, having a Signal for a Pilot, and shall neglect or refuse to go to the Assistance of such Vessel, on proper Proof being made of such Neglect or Refusal, shall forfeit and pay the Sum of Twenty Pounds; to be recovered by Action of Debt, in any Court of Record in this Province; the One Half to the Informer, the other Half to the Master or Owner of such Ship or Vessel.

V. And be it further Enacted by the Authority aforesaid, That when any Ship or Vessel, bound to either of the Ports of Roanoke, Bath or Beaufort, having the Small Pox, or any other Infectious Distemper on Board, the Master and Pilot of such Ship or Vessel shall give immediate information thereof to the Commissioners of the Navigation of the Port they are bound to; and the said Commissioners, or any Three of them, are hereby impowered and directed to order and command the said Master of such Ship or Vessel to perform Quarantine with his said Vessel, at such Place and Number of Days, as they shall think necessary: And if the said Pilot or Master shall neglect or refuse to give such Information, they shall forfeit and pay the sum of One Hundred Pounds, Proclamation Money; to be recovered and applied in the same Manner as other Fines and Forfeitures are directed in the before recited Act.

VI. And be it further Enacted by the Authority aforesaid, That Christopher Neale, Jacob Shepherd, and Richard Ellis, Esquires, be appointed commissioners for the Port of Beaufort, in the Room of Gabriel Cathcart, Thomas Clifford Howe, and John Smith, deceased; and Daniel Maxwell for the Port of Bath, in the Room of Peter Blinn, deceased.

VII. And be it further Enacted, by the Authority aforesaid, That the Commissioners of Port Bath be, and they are hereby authorized and impowered to order and direct the Persons appointed by them to stake out the channel leading from Ocacock to the said Port of Bath, to put and Keep up Stakes, at necessary Places in the River Pamlico, to the Mouth of Tranter's Creek; any Thing in the before recited Act to the contrary notwithstanding.

VIII. And be it further Enacted, by the Authority aforesaid, That this and the before recited Act, shall continue and be in Force and during the Term of Ten Years, from the passing of this Act, and from thence to the End of the next Session of Assembly.

CHAPTER XXVII.
An Act for establishing a New County between Campbleton and Hillsborough, by taking the Southern Part of the Inhabitants of Orange County, and by erecting the same into a Distinct County, by the Name of Chatham County, and St. Bartholomew Parish.

I. Whereas the great extent of the County of Orange render the Attendance of the Inhabitants of the Southern Part thereof to do public Duties extremely Difficult and expensive: For Remedy whereof,

-------------------- page 828 --------------------

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 April next, the Inhabitants of the County of Orange, lying to the South of a Point Sixteen Miles due South of Hillsborough, and bounded as follows, to-wit, Beginning at the aforesaid Point, running thence due West of Guilford County Line; thence South along Guilford County Line to Cumberland County Line; thence along Cumberland and Wake County Lines to a Point due East of the Beginning; thence due West to the Beginning; be erected into a Distinct County, by the Name of Chatham County, and St. Bartholomew Parish.

III. And for the due administration of Justice; Be it Enacted by the Authority aforesaid, That from and after the said First Day of April next, an Inferior Court of Pleas and Quarter Sessions be constantly held for the said County of Chatham, on the First Tuesdays in February, May, August, and November, in every Year at Captain Stephen Poe's House, by Commission to the Justices, in the same Manner as other Inferior Courts of Pleas and Quarter Sessions are held within this Province; and the said Inferior Court shall take Cognizance of all Matters, Suits, Things, and is hereby vested with the same Powers, Jurisdictions and Authorities, as any other Inferior Court shall or can have within this Province.

IV. And be it further Enacted by the Authority aforesaid, That the said Justices to be appointed for the County of Chatham aforesaid, are hereby directed to meet on the First Tuesday in May next, at Stephen Poe's aforesaid, and take the Oaths appointed for their Qualifications; and the Justices of the said County of Chatham, or any Three of them, after being so qualified, shall hold an Inferior Court of Pleas and Quarter Sessions, at the Place and Times hereinbefore appointed; and every of them, at all Times during their Continuance in Office, as well within the Inferior Court of Pleas and Quarter Sessions as without, shall have and exercise the same Powers and Authorities, and be subject to the same Forfeitures and Penalties, as other Justices of the Peace within the several Counties in this Province are liable to.

V. And be it further Enacted by the Authority aforesaid, That a Poll Tax of Two Shillings, be laid on each Taxable Person of the said County of Chatham, for Three Years, for building a Court House, Prison, and Stocks therein; which Tax shall be collected by the Sheriff of the County aforesaid, at such Times, and in the same Manner as other Taxes are collected; and shall be paid to the Person or Persons who shall be impowered to receive the same.

VI. And be it further Enacted by the Authority aforesaid, That nothing herein contained shall be construed to debar the Sheriff of the County of Orange as the said Counties stand undivided, to make Distress for any Taxes, Levies, Fees, or other Dues that shall be due from the Inhabitants of the said County, on the First Day of April next, in the same Manner as by Law the said Sheriff might or could do if the said counties had remained undivided; and the said Taxes shall be collected and accounted for in the same Manner as if this Act had never been made: Any Thing herein contained to the contrary notwithstanding.

VII. And to the End that no Action commenced in Orange County be defeated by the Division aforesaid; Be it Enacted by the Authority aforesaid, That where any Action is already commenced in Orange County, and the Parties or Evidences shall be Inhabitants of Chatham County, all subsequent Process against such Parties or Witnesses, shall be directed to be executed by the Sheriff of Orange, to the End and Final Determination of said Causes: Any Law, Usage or Custom to the contrary, notwithstanding.

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VIII. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act, the said County of Chatham shall be and continue Part of the District of the Superior Court of Justice held for the District of Hillsborough, at the Town of Hillsborough; and the Justices of the said County of Chatham shall, and they are hereby directed, at the Court to be held for the said County, next preceding every Superior Court, to nominate eight Freeholders, to serve as Grand and Petit Jurors at such Superior Court; and a List of such Jurors so nominated, shall be delivered by the Clerk of such Court to the Sheriff who shall, and is hereby required, to summons such Persons so nominated to serve as Jurymen at such Superior Court of Justice to be held for the District of Hillsborough; which Jurymen so nominated, shall have and receive the same allowance, and be under the same Rules, Fines and Restrictions, as other Jurymen are in the Respective Counties in this Province: And the Sheriff of the said County of Chatham shall, from Time to Time, account for and pay to the Public Treasurer of the Northern District of this Province, for the time being, all Public Levies by him Collected, or wherewith he shall stand chargeable, in the same Manner, and under the same Pains and Penalties as other Sheriffs of the said District.

IX. And whereas the Jurors appointed by Law to serve at the Superior Court for the District of Hillsborough, were limited to thirty Six for Orange County; Be it Enacted by the Authority aforesaid, That the Jurors attending the said Superior Court, after the Passing of this Act, shall be only Twenty two for said County: Any Thing herein contained to the contrary notwithstanding.

X. And be it further Enacted by the Authority aforesaid, That the several Sheriffs to be commissioned for the said County of Chatham shall be in the same Manner as is directed for appointing and commissioning Sheriffs in the other Counties in this Province; which Sheriffs so commissioned shall account with, and pay to the Treasurer of the Northern District, all the Monies which he shall or ought to receive, in the same Manner as other Sheriffs, and shall have the same Powers and Authorities, and be liable to the same Fines, Forfeitures, and Penalties, as are directed and Inflicted by the several Acts of Assembly in this Province.

XI. And be it further Enacted, by the Authority aforesaid, That the Commissioners or a Majority of them, hereinafter appointed, are hereby impowered and directed to employ Workmen to build a Court House, Prison, and Stocks in the said County, for the Use thereof: and the said Court and all Causes, Matters and Things, in the same depending, after such Court House shall be so built, shall stand adjourned from the Place where the Court shall before have been held, to the Court House.

XII. And be it further Enacted, by the Authority aforesaid, That Edmund Fanning, Mark Morgan, Richard Parker, Stephen Poe, and Richard Cheek, or a Majority of them, be, and they are hereby appointed Commissioners to lay off and appoint the Place Where the Court House, Prison and Stocks, for the Use of the said County of Chatham, shall be built, and there to erect, or cause the same to be erected, and to run the dividing Line between the County of Orange and the said County of Chatham, agreeable to the Directions in this Act before mentioned; which said Commissioners shall be paid their necessary Expences for running the said Lines by the said County of Chatham, out of the County Tax.

XIII. 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, for granting Letters of Incorporation

-------------------- page 830 --------------------
to the said County of Chatham, and the Direction of a Member or Members to represent the said County in the general Assembly of this Province, and of granting Markets and Fairs to be kept and held therein; but that the Right and Royal Prerogative shall and may at all times hereafter, be exercised therein by his said Majesty, his Heirs and Successors, in as full and ample a Manner, to all Intents and Purposes whatsoever, as if this Act had never been made.

XIV. And be it further Enacted by the Authority aforesaid, That the Vestry of the Parish of St. Matthew's, in Orange County, as the same now stands undivided and entire, shall from henceforth be, and is hereby dissolved and made void, to all Intents and Purposes.

XV. Provided nevertheless, That all Acts of the said Vestry heretofore legally made and done, are hereby declared to be good and Valid, as if this Act had never been made.

XVI. And be it further Enacted, by the Authority aforesaid, That the Freeholders of the Parish of St. Matthew, in the County of Orange, shall, and they are hereby impowered, required, and directed, to meet at the Town of Hillsborough, on Easter Monday next after the passing of this Act, then and there to elect and choose Twelve Freeholders of the said Parish to serve as Vestrymen of the said Parish of St. Matthew; and that the Freeholders of the Parish of St. Bartholomew, in the County of Chatham, shall, and they are hereby impowered, directed, and required, to meet at the House of Captain Stephen Poe, on Easter Monday next after the passing hereof, to elect and choose Twelve Freeholders of the said Parish to serve as Vestrymen of the said Parish; which Elections shall be made by the Sheriff of Orange County, as the same now stands undivided, under the like Rules and Restrictions, Pains and Penalties, as well with Respect to the Sheriff as the Freeholders of the said Parishes, as other Elections of Vestries in this Province are by Law appointed to be made. And the Freeholders so elected Vestrymen for the said Parishes respectively, after taking the Oaths appointed by Law for their Qualification, shall be, and they are hereby declared, from thenceforth to be Vestries of the said Parishes respectively; and are hereby required to exercise and use the same Powers and Authorities, as other Vestries in this Province, may, can or ought to exercise.

XVII. And whereas the Days heretofore appointed by Law for holding the Inferior Courts in the Counties of Granville, Rowan, Tyrrel, and Hyde, have been found inconvenient to 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, to-wit, Granville, on the Third Tuesdays in February, May, August, and November; Rowan on the First Tuesdays in February, May, August, and November; Tyrrel on the Fourth Tuesdays in February, May, August, and November; and Hyde on the First Tuesdays in March, June, September, and December.

XVIII. 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

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to appear accordingly; any Matter or Thing in any other or former Act, to the contrary hereof notwithstanding.

CHAPTER XXVIII.
An Act to regulate the Issueing of Marriage Licenses.

I. Whereas a Practice has prevailed among some of the County Court Clerks of this Province, of writing and signing Marriage Licenses themselves, under Pretence of not being furnished with any Blank Licenses from the Governor, contrary to the True Intent and meaning of an Act, entitled, an Act to amend An Act, entitled An Act concerning Marriages: For the Prevention whereof, and that His Excellency the Governor, or Commander in Chief for the Time Being, may not be deprived of the Just Emoluments intended to be reserved to him by the aforesaid Act;

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all Marriages by License, shall be by License under the Hand and Seal of the Governor, or Commander in Chief for the Time Being, and not otherwise. And each and every Person solemnizing the Rites of Matrimony between any Two Persons in Virtue of a Licence otherwise granted and obtained than under the Hand and Seal of the Governor, or Commander in Chief for the Time Being, shall incur the like Penalty as if he or they had celebrated such Marriage without any License for so doing; any Seeming or apparent Permission or Authority in the aforesaid Act to the contrary hereof, notwithstanding.

III. And for compelling the Clerks of the Inferior Courts to account with the Governor, or Commander in Chief for the Time Being, for any Fees that may be received for him by Virtue of this or any other Act of Assembly, Be it further Enacted by the Authority aforesaid, That when Motion shall be hereafter made in any Court having jurisdiction Thereof, against any Clerk for Fees, which such Clerk ought to be accountable for to the Governor or Commander in Chief for the Time Being, the Sum supposed to be due shall be specified in the Notice served on such Clerk, at least Ten Days before such Motion; who on appearing thereto, shall render an Account on Oath, for all such Monies as he hath or ought to have received for such Governor or Commander in Chief and pay the same; and on Failure to do so the Court shall give Judgment for the whole Sum mentioned in such Notice and award Execution thereon.

IV. And be it further Enacted, by the Authority aforesaid, That so much of the above recited Act, and so much of any other Act or Acts as comes within the Purview of this Act, shall, from and after the passing hereof, be repealed and made null and void.

CHAPTER XXIX.
An Act for further continueing an Act, For the Restraint of Vagrants, and for making provision for the Poor; and other Purposes.

I. Whereas the Act for the Restraint of Vagrants, and for making provision for the Poor, and other Purposes, made in the Year of our Lord One Thousand Seven Hundred and Fifty Five, and continued by Two Subsequent Acts, is now near expiring; and the same being Found, by experience, to be of general Utility:

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

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Authority of the same, That the before recited Acts, and every Clause and Article of them, and each and every of them, continue and be in Force, from and after the passing of this Act, for and during the Space of Five Years, and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER XXX.
An Act for appointing and impowering Mr. William Moore, of Tryon County, to collect and receive the Taxes which were due from the Inhabitants of the said County for the Year One Thousand Seven Hundred and Sixty Eight.

(Printed in Private Acts, post.)

CHAPTER XXXI.
An Act for appointing Trustees, in the Room and Place of those heretofore appointed by an Act of Assembly, passed in the Year One Thousand Seven Hundred and Sixty Eight, entitled An Act for building a Public Gaol, and Gaoler's House, for the District of New Bern, in the Town of New Bern.

I. Whereas the Trustees appointed by the before recited Act have not proceeded to the Discharge of the Trust reposed in them, within the Time limited by the said Act:

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the Honorable Samuel Cornell, Esquire, Mr. Jacob Shepard, and Mr. Richard Blackledge, be, and are hereby appointed Trustees (in the Room of those appointed as aforesaid) to agree and contract with any Person or Persons for designing, Superintending, Building, and finishing the said Gaol, and Gaoler's House, in Manner as in the said recited Act is mentioned, with the same Powers, and under the same Restrictions, as the former Trustees by the before recited Act appointed.

III. And be it further Enacted by the Authority aforesaid, That the Trustees by this Act appointed shall, and they are hereby impowered and required, to receive into their Hands all Monies heretofore collected and paid for the Purposes in the said Act mentioned, or that hereafter may become due or arising from the Taxes within the District of New Bern, for building the said Gaol, and Gaoler's House; and on Neglect or refusal, to proceed against such Delinquencies in the Manner prescribed in the said recited Act.

CHAPTER XXXII.
An Act for obtaining a Distinct and True List of the Taxable Persons in the Town of New Bern, and to impower the Sheriff to collect the Town Taxes due from the Inhabitants of the said Town.

I. Whereas there is not any Provision made in the Laws now in Force for obtaining a true and Distinct List of Taxables in the said Town, which has rendered the collecting of the Town Taxes very Difficult and uncertain: For Remedy whereof

II. Be it enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That at the First Meeting of the Commissioners of the said Town after the passing of this Act, and thereafter, at the First

-------------------- page 833 --------------------
Meeting, after their Election, annually they shall, and are hereby impowered and required, to appoint one of the said Commissioners to take a List of all the Male Taxables residing in the said Town, and the Commissioner so appointed is hereby impowered to administer an Oath, to the Truth of all such Lists: And the said Commissioners shall immediately give Notice by advertisement or otherwise, to the Inhabitants of the said Town, to appear before such Commissioners so appointed, and give a List of all the Male Taxables, in their respective Families, within Twenty Days after such Notice; and on Neglect or refusal, the Person or Persons so neglecting or refusing, shall be subject to the same Penalties as for neglecting to inlist their Taxables with a Magistrate for the County, which shall be recovered in the same Manner, and to the Like Uses, as the aforesaid Penalties. And the said Commissioners shall cause a Fair Copy of the Lists by him taken as aforesaid, to be delivered immediately to the Sheriff of the County of Craven; who shall, within One Month after, proceed to collect the Taxes laid on the said Inhabitants by the Commissioners of the said Town; and shall account for, and pay the same to the said Commissioners, on or before the Tenth Day of June, Yearly; under the same Rules, Restrictions, and Penalties, and entitled to the same Emoluments, and subject to the same Method of Recovery, as for non-Payment of Public Taxes.

III. And whereas the Taxes laid by the Commissioners of the said Town on the Inhabitants thereof, for several Years past, remain uncollected; and the late and present Sheriffs are in Doubt whether they are, by the Laws now in Force, enabled to distrain for the same: Be it Enacted by the Authority aforesaid, That the present and Late Sheriffs of the County of Craven, are hereby declared to have the same Power to make Distress on all Persons who are in Arrear for Taxes to the said Town as they are entitled to in collecting other Taxes.

IV. Provided nevertheless, that such Sheriffs shall not take and receive, any Fees for Distress for such Arrears of Taxes, unless the Person or Persons so in Arrear shall neglect to pay the same within Three Months after passing this Act.

V. And be it further Enacted, by the Authority aforesaid, That no Person in the said Town shall hereafter be subject to the Payment of the Town Tax, until he hath resided Three Months in the said Town.

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

I. Whereas great Injuries have arose from disposing of Lands, Goods, and Chattels, taken on Executions, from the great Scarcity of Currency: 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, no Sheriff or other Officer within this Province, to whom Execution shall be directed, shall levy the same on Lands or Negroes, where other sufficient Distress of Commodities fit for Exportation is Shewn; and every Sheriff or other Officer who by Virtue of an Execution, shall expose to sale any Lands, Goods, or Chattels, of what Kind or Nature soever, where the Sum levied for does exceed the Sum of Five Pounds, shall first summons One Justice of the Peace, and Two Freeholders of the County, one to be named by the

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Plaintiff, and the other by the Defendant; and on their neglect, to be named by the Sheriff, to appear at a Particular Day and Place, to inspect and Value the same, or so much thereof, at Two Thirds of the Value, as may be sufficient to pay the Plaintiff his Debt and Costs; and the said Justices and Freeholders shall render in Writing, under their Hands and Seals, the Boundaries, Quantity, Situation, and Value of the said Lands, to the Sheriff of the County, who is hereby required to administer the following Oath:

You and each of you, do swear, that this Instrument of Writing by you produced, contain a true Valuation of one or more (as the Case may be) Tract or Tracts, Part or Parcels of Land, situate in the County of ——, on —— or Goods (as the case may be) and taken by Virtue of an Execution, at the Instance of ——, and that you have proceeded in such Valuation upon a careful View, and according to Law, to the Best of your Knowledge and Information, without Favour or Distress to either Party. So help you God.

Which said Instrument of Writing, with the Certificate, shall be by them delivered to the Sheriff, who upon exposing such Lands, Goods, or Chattels to Sale, shall not dispose of them for a less Sum than Two Thirds of such Valuation, under the Penalty of One Thousand Pounds; to be recovered by Action of Debt, in any Court within this Province having Cognizance thereof, by and for the Use of the Party grieved.

III. And be it further Enacted by the Authority aforesaid, That if any Lands, Goods, or Chattels, be set up for Sale as aforesaid, shall not be disposed of, the Plaintiff shall take the said Goods and Chattels, and may take the Lands at two Thirds of the Value thereof; in which Case the Sheriff, or other Officer, is hereby impowered and directed to give such Plaintiff a Deed or Bill of Sale for the same, in the same Manner as he might have done had the Lands, Goods, or Chattels, been sold at Public Vendue. Provided, That Lands shall not be taken on any Execution, when there shall be Goods and Chattels sufficient to satisfy the same.

IV. Provided always, That nothing in this Act contained shall be deemed, or construed to extend to any Execution or Executions, for any Debt or Debts payable to his Majesty, to this Province, or to Merchants in Great Britain.

V. And be it further Enacted, by the Authority aforesaid, That where any Sheriff or Coroner has heretofore sold any Lands under a Late Act of Assembly, entitled, An Act to direct Sheriffs in levying Executions, and the Disposal of Lands, Goods, and Chattels, taken thereon, and hath neglected to make a good and Sufficient Title thereto, either to the Person purchasing at Vendue, or to any Plaintiff, who under the said Act has been obliged to take such Lands at Two Thirds of the Value, such Sheriff or Coroner, though he may be out of Office, shall, and is hereby required, to Seal and Execute a Deed of Bargain and Sale for such Lands, to such Plaintiff or Person who hath purchased at Vendue as aforesaid; and in Case any Sheriff or Coroner, having sold any Lands as aforesaid, who is dead or removed out of the Province, his Successor in Office is hereby impowered and required to make such Conveyance as herein next before is directed.

VI. And be it further Enacted, by the Authority aforesaid, That the Sheriff or other Officer shall be, and is hereby entitled to receive the Sum of Two Shillings and Eight Pence, for every Justice and Freeholder so summoned; and every Justice and Freeholder who shall neglect or refuse to attend, unless prevented by Sickness, or some other sufficient Cause, he or they so neglecting or refusing, shall forfeit and pay the Sum of Five Pounds; to be recovered in the Inferior Court of the County, by Action of Debt, and applied to the Use of the Parish.

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

CHAPTER XXXIV.
An Act for the more advantageous and Easy Manner of obtaining Partitions of Lands, in Coparcenary, Joint Tenancy, and Tenancy in Common.

I. Whereas the Proceedings by the Common Law upon Writs of Partition between Coparceners, Joint Tenants, and Tenants in Common, are tedious, chargeable, and often ineffectual; and whereas the Lands belonging to Coparceners, Joint Tenants, and Tenants in Common, frequently lie in different Counties and Districts, and great Part of the Lands in this Province are so extremely poor and barren that they will not admit of a minute Partition, as in England, where every single Acre is separately of real Value, by Reason of which Divers Persons having undivided Parts or Purparts are greatly oppressed and prejudiced, and the Premises are frequently wasted or destroyed, or lie uncultivated and unmanured, so that the Profits of the same are totally, or in a great measure lost; For Remedy whereof,

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 of this Act the Demandant for the Partition of any Lands, Tenements, or Hereditaments, shall file his or her Declaration in the Office of the Superior Court where the suit shall be brought; whereupon a Summons or Summonses, together with a Copy or Copies of such Declaration, shall be issued by the Clerk of such Court, directed to the Tenant or Tenants to the Action, and returnable to the Court from whence the same issued, commanding him, her, or them to appear thereat; and if upon the Service of such Summons or Summonses, the Tenant or Tenants to the Action shall fail to appear or plead, the Court may proceed to examine the Demandants Title and Quantity of his Part and Purpart, and accordingly as they shall find his right Part and Purpart to be, they shall for so much give Judgment by Default, and Award Partition to be made according to the Rules hereafter mentioned, whereby such Proportion, Part and Purpart, may be set out severally; which having Executed, after giving Ten Days' Notice to the other Parties, or if they cannot be found, to the Occupiers or Tenants in Actual Possession of the Premises (where such Occupier or Tenant in Possession is not Demandant in the Action) and returned, and thereupon Final Judgment entered, shall be good, and conclude all Persons whatsoever, after Notice as aforesaid, whatever Right or Title they have, or may at any Time claim to have, in any of the Messuages, Lands, Tenements, and Hereditaments, mentioned in the said Judgment and Writ of Partition, although all Persons concerned are not named in any of the Proceedings, nor the Title of the Tenants truly set forth.

III. Provided always, That when the Tenant or Tenants to the Action live out of this Province, that then and in such Case a Service of the Summons, with a Copy of the Declaration, upon the Lawful Attorney of such absent Tenant or Tenants, shall be deemed a good Service; and Provided also, that in all such Cases where the Tenant or Tenants to the Action live out of this Province as aforesaid, the Court shall, before any Judgment by Default be entered as aforesaid, allow an Imparlance to the next succeeding Term, or further, as the Case may Reasonably require, in Order that such Absent

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Tenant or Tenants may have Notice to appear and defend the Action, if they think fit.

IV. Provided always, That such Person or Persons concerned, or any of them against whom, or their Right or Title, any Judgment by Default shall be given, be at the Time of such Judgment under the Age of Twenty One Years, Feme Covert, of unsound Mind and Memory, or absent out of this Province, without any Attorney, lawfully and fully impowered, residing therein, may, within the Space of Five Years after the Removal of such Disability, apply themselves by Motion to the Court where such Judgment is entered: And if upon such Motion they shall show a good and probable Matter, in Bar of such Judgment, or that the Demandant hath not Title to so much as he hath recovered; then, and in such Case, the Court may suspend such Judgment, and admit the Tenant or Tenants to appear and Plead, and the Cause shall proceed according to due Course of Law, as if no such Judgment had been given; and if the Court, upon hearing thereof, shall adjudge for the First Defendant, then the first Judgment shall stand confirmed, and be good against all Persons whatsoever, except such other Person as shall be absent or Disabled as aforesaid; and the Person or Persons so appealing, shall be awarded thereupon to pay Costs, or if within such Time or Times as aforesaid, the Persons concerned admitting the Demandant's Title, Part or Purpart, shall shew to the Court any Inequality in the Partition, the Court shall award a New Valuation, and make Partition in Presence of all Parties concerned (if they will appear) notwithstanding the Return and filing upon Record of the Former Valuation; which said Second Valuation and Partition, returned and filed, shall be good and firm forever against all Persons whatsoever, except as before excepted.

V. And be it further Enacted, by the Authority aforesaid, That upon any Judgment being given for such Demandant, and the Messuages, Lands, Tenements, and Hereditaments, in such Judgment mentioned, happen to lie in different Counties, the Courts in which such Judgment shall be obtained are authorized and impowered, and they are hereby required to issue Writs, directed to the Sheriffs of the Several Counties where the Lands, Tenements, Hereditaments lie, commanding them that by Inquisition, in due Form of Law, they shall Cause the Lands mentioned in such Judgment to be valued, and such Valuation to be returned, with the Writs, under the Hands and Seals of those by whom Inquisition shall be Made; upon which the Court shall Proceed to make Partition, giving the Demandant his Part and Purpart in one County, unless where the Lands, Tenements, and Hereditaments, lie on both sides of a Water which divides two Counties and it may be necessary for the Advantage of the different Parties that such lands should not be separated or unless it should prove otherwise injurious to the parties in which case the Court shall make Partition in the most equitable manner they can.

VI. And be it further Enacted, by the Authority aforesaid, That where it shall be found necessary in order to make a more equal Partition than any of the Lands, Tenements, or Hereditaments mentioned in such judgment should be divided into two or more parts, the Court shall order a Writ or Writs of Partition to issue to the County or Counties, where such Lands, Tenements, and Hereditaments are situated commanding the Sheriff or Sheriffs of such County or Counties to make Partition of such Lands, Tenements and Hereditaments into such Proportions and Value only as shall be necessary to make, as near as may be, an equal Partition of the whole Messuages, Lands, Tenements, and Hereditaments, mentioned in such Judgment, and order the Sheriffs of such Counties respectively to put the Demandant in Possession

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of his or her Particular Part, Purpart, or share thereof; which Valuation and Partition shall be returned by the Sheriff or Sheriffs as aforesaid, to remain among the Records of the Court.

VII. And be it further Enacted, by the Authority aforesaid, That where the Lands, Tenements, and Hereditaments, mentioned in any such Suit, lie in different Districts, the Court to which such Suit shall be brought may, and they are hereby authorized and required, to proceed in hearing and Determining the Demandant's Title and Claim, in the same Manner as if all the Lands, Tenements, and Hereditaments, were situated within the District of the Court in which such Suit shall be commenced; any Law, Usage, or Custom, to the contrary, in any wise, notwithstanding.

VIII. Provided always, That no Suit for Partition of Lands, Tenements, or Hereditaments, shall be commenced in any Superior Court of this Province, unless Part of the Demandant's Claim lie within the District of the Court in which the Suit is Brought.

IX. And be it further Enacted by the Authority aforesaid, That when the High Sheriff, by Reason of Sickness, or any other Disability, cannot be present at the Execution of any Judgment in Partition; in such Case the Under Sheriff, duly appointed and qualified according to Law, in Presence of Two Justices of the Peace of the County where the Lands, Tenements, and Hereditaments, to be divided lie, shall and may proceed to Execution of any Writ or Partition by Inquisition in due form of Law, as if the High Sheriff were then personally present; and the High Sheriff thereupon shall, and he is hereby enabled and required, to make the same return as if he were personally present at such execution. And in Case such Partition be Made, returned, and Filed, he or they that were Tenant or Tenants of any of the said Messuages, Lands, Tenements, and Hereditaments, or any Part or Purpart thereof, before they were divided, shall be Tenant or Tenants for such Part, set out severally to the respective Landlords or Owners thereof, by and under the same conditions, Rents, Covenants and Reservations, where they are, or shall be so divided: And the Landlords and Owners of the several Parts and Purparts so divided and allotted as aforesaid, shall Warrant and make Good unto their respective Tenants the said Several Parts severally after such Partition, as they are or were Bound to do by any Leases or grants of their respective Parts before any Partition Made: And in Case any Demandant be Tenant in actual Possession, to the Tenant to the Action for his Part or Proportion, or any Part thereof, in the Messuages, Lands, Tenements, and Hereditaments, to be divided by Virtue of a Writ of Partition as aforesaid, for any Term of Life, Lives or Years, or uncertain Interest, the said Tenants shall stand and be possessed of the said Purparts and Proportions, for the like Term, and under the same Conditions and Covenants, as when it is set out severally, in Pursuance of this, or any other Act, Statute or Law to that Purpose.

X. And be it further Enacted, by the Authority aforesaid, That the respective Sheriffs, their under Sheriffs, and Deputies; and in Case of sickness or disability in the High Sheriff, all Justices of the Peace within their respective Counties, shall give due attendance to the executing such Writ of Partition, unless Reasonable Cause be shewn to the Court, upon Oath, and there allowed of, or otherwise be liable, every of them to pay unto the Demandant or Plaintiff, such Costs and Damages as shall be awarded by the Court, not exceeding Ten Pounds Proclamation Money; for which the Demandant may bring his Action in any Court having Cognizance thereof; wherein no Essoign, Protection, Privilege or Wager of Law, shall be allowed: And in Case the Demandant doth not agree to pay unto the Sheriffs or under

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Sheriffs, Justices and Jurors, such Fees as they shall respectively demand for their Attendance in the Execution of the same, and returning thereof; then the Court shall award what each Person shall receive, having respect to the Distance of the Place from their respective Habitations, the Laws of this Province, and the Time they must necessarily spend about the same, for which they may severally bring their Actions as aforesaid.

XI. And be it further Enacted, That the Demandant in any Suit for Partition of Lands, Tenements, and Hereditaments, shall not recover Costs, unless it appears to the Court that the Tenant or Tenants to the Action, previous to its commencement, refuse to make Partition.

XII. Provided always, That this Act, nor any Thing herein contained, shall extend, or be construed to extend, to alter or abridge the Power of the Court of Chancery in this Province, in the Partition of any Lands, Tenements, or Hereditaments; any Thing herein contained to the Contrary thereof, in anywise, notwithstanding.

XIII. 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 thereof, and to the End of the next Session of Assembly, and no longer.

CHAPTER XXXV.
An Act to prevent Card Playing, and other deceitful Gaming.

I. Whereas Card playing and other deceitful Gaming, hath been found injurious to the Inhabitants of this Province, and tend greatly to the discouragement of Industry, Corruption of Youth, and destruction of Families: 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, any Tavern Keeper who shall permit or suffer any Gaming within his House, Booth, Stall, Arbour, or other Place (Whist, Quadrille, Picquet, Backgammon, and Billiards only excepted) shall for such Offence, upon conviction thereof before the Court of the County wherein the same shall be committed, forfeit his License, and be further liable to Indictment and Fine, at the Discretion of the said Court; and any Person or Persons, who shall hereafter win at any Game or Games, or by betting or Wagering in any Manner whatsoever (Horse Racing only Excepted) more than Five Shillings in Twenty Four Hours, or the Value thereof in any Goods, Commodities, or other Article or Articles, shall, upon Conviction of the same, before any Court or Magistrate having Cognizance thereof, forfeit all such Monies, Goods, Commodities, or other Article or Articles, or the Full Value thereof; one Half to the Informer, and the other Half to be applied to the Use of the Parish wherein such Offence was committed: Provided nevertheless, That if it shall appear that such Informer was either Winner or Loser, or in anywise a Party in any such Games, the whole shall be forfeited to the Use of the Parish.

III. And be it further Enacted, by the Authority aforesaid, That upon any Information Made to a Justice or Justices of the Peace within this Province, or in view of any Justice, it shall appear that any Person or Persons have won at any Game or Games, by betting or wagering, in any Manner whatsoever, more than five Shillings, in Twenty Four Hours, or the value thereof in any Goods, Commodities, or other Article or Articles, it shall be Lawful for any such Court of Justice having Cognizance thereof and they are hereby impowered and required, to cause such Person or Persons to be

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brought before such Court or Magistrate, before whom Information shall be made, to be examined on Oath concerning the said Offence; which Oath or Oaths the said Court of Justices is hereby impowered to administer, as also to examine any Witness or Witnesses concerning the same: And if it shall appear that such Person or Persons shall have won at any Kind of Game or Games, or by betting or wagering in any Manner whatsoever, more than Five Shillings in Twenty Four Hours, or the Value thereof in any Goods, Commodities, or other Article or Articles, to award Execution against the Body, or Goods and Chattels, Lands and Tenements, of such Person or Persons so convicted, for such Sum or Sums of Money, Goods, Commodities, or other Article or Articles, which shall have been won, over and above the Value of Five Shillings in Twenty Four Hours.

IV. And be it further Enacted, That all Deeds, Bills, Mortgages, Bonds, Notes, Assumptions, Specialty or Specialties, Instrument or Instruments of Writing, which shall be hereafter given for the Payment, Security or Discharge, of any Sum or Sums of Money, Goods, Commodities or other Article or Articles, Thing or Things, whatsoever, lost at any Game or Games, or by betting or Wagering, upon due Proof thereof, shall be deemed null and Void.

V. And whereas there are many Idle, disorderly and evil-disposed Persons, who are frequently found loitering, Gaming, and misbehaving themselves, within this Province; Be it therefore Enacted by the Authority aforesaid, That it shall and may be Lawful for any Justice of the Peace, and he is hereby directed and required, either on Information or Notice given Him, or on his own View, to issue his Warrant, and cause such Person or Persons to be apprehended, and on Conviction to commit such Offender or Offenders to Gaol, until he or they so Committed find Sufficient Security, in the Sum of Twenty Pounds, for his or their Good Behavior, during the Term of Twelve Months; and if any Such Offender or Offenders shall be accused and convicted a second Time, or Oftener of loitering, Gaming, or misbehaving themselves as aforesaid, he or they so offending shall forfeit and pay for each and every such Offence the Sum of Six Pounds; one Half to the Use of Him or them who shall sue for the same, and the other Half to the Church Wardens, for the Use of the Parish where such Offence was committed; to be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record within this Province having Cognizance thereof, wherein there shall be no Essoign, Injunction, Protection, or Wager of Law, allowed or admitted of.

VI. Provided always, That any Person or Persons aggrieved by the Judgment of any Inferior Court may, and are hereby entitled, to an Appeal to the Superior Court of the District to which such Inferior Court shall belong; And any Person aggrieved by the Judgment of any Justice of the Peace, upon Conviction for any of the Offences in this Act Cognizable before him, may appeal to the next Court to be held for the County wherein such Person shall be convicted, but shall give Notice in Writing of such Appeal to the Appellee, and shall also enter in Recognizance, with Two Securities, before any Justice of the County wherein the Judgment was given, on Condition to try such appeal at the next ensueing Court held for the same County, which shall be by the said Court then heard and Finally determined.

VII. Provided also, That no such Judgment obtained before any Justice of the Peace shall be set aside for Want of Form, wherein it shall appear to the Court that the Fact was sufficiently proved at the Trial; nor shall any Judgment be removed by any Appeal, Writ, or Process whatsoever, to any Superior Court.

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

CHAPTER XXXVI.
An Act to indemnify the several Sheriffs who have not collected the One Shilling Tax per Poll, for sinking the Twelve Thousand Pounds granted in the Year One Thousand Seven Hundred and Sixty, and the Tax of Two Shillings per Poll, for sinking the Twelve thousand Pounds granted in the Years One Thousand Seven Hundred and Sixty One; and to direct such Sheriffs who have received the said Taxes, to refund the same to the People from whom they received the said Taxes.

I. Whereas it was resolved in the Assembly in December, One Thousand Seven Hundred and Sixty Eight, that the Tax of One Shilling per Poll, for sinking the Twelve Thousand Pounds granted in the Year One Thousand Seven Hundred and Sixty, and the Tax of Two Shillings per Poll for sinking the Twelve Thousand Pounds granted in the Year One Thousand Seven Hundred and Sixty One, have had their Effect, and ought not thenceforth to be collected; and it being Doubtful whether the Sheriffs are not liable to account for, and pay the said Taxes, into the Treasury, notwithstanding the said Resolve: For Remedy whereof.

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the Same, That no Sheriff, or other Collector of the Public Taxes shall be liable to account for, and pay into the Treasury, any Part of the One Shilling per Poll, for sinking the Twelve Thousand Pounds granted in the Year One Thousand Seven Hundred and Sixty, or any Part of the Tax of Two Shillings per Poll, for sinking the Twenty Thousand Pounds granted in the Year One Thousand Seven Hundred and Sixty One, which hath become due and Payable since the last Day of December, One Thousand Seven Hundred and Sixty Eight, for or on account of any Collection of Taxes; any Law, Usage or Custom, to the contrary, notwithstanding.

III. And whereas some Sheriffs hath proceeded and collected either the whole or some Part, of the said Taxes, since the passing the said Resolve, alleging that they would be liable to account for the same with the Treasurer: Be it Enacted by the Authority aforesaid That where any Sheriff or other Collector of Public Taxes, hath received from any Person or Persons whatsoever, any Part or the Whole of the aforesaid Taxes, on the Collection of any Taxes becoming due since the last Day of December, One Thousand Seven Hundred and Sixty Eight, such Sheriff or Collector shall on Request of such Person or Persons, at any Time after the Tenth Day of March next, refund and pay to the Person or Persons, from whom he received the said Tax, or any Part thereof, the whole Sum which he shall have received, on Account of the One Shilling and Two Shillings sinking Fund aforesaid; to be recovered by Warrant, from any Justice of the Peace, on the Plaintiff's producing a receipt from such Sheriff or Collector, and it appearing to the Justice that the said Taxes, or any Part were actually received by such Sheriff or collector.

IV. Provided nevertheless, That where any Sheriff or Collector who hath received the whole, or any Part of the said Taxes, and is continued in Office to collect the Taxes for the Year One Thousand Seven Hundred and Seventy, may retain such Sums as he hath received on account of the aforesaid Taxes, until he doth receive the Taxes for the Year One Thousand Seven

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Hundred and Seventy; and he is then directed and required, to discount so much of the said One Shilling and Two Shilling Taxes, as he hath received heretofore according to the true Intent of this Act. And if any Sheriff or Collector of the Public Taxes, shall have paid into the Treasury any Part of the said One Shilling or Two Shilling Taxes aforesaid, which hath been collected on Account of Taxes becoming due since the last Day of December, One Thousand Seven Hundred and Sixty Eight, it shall and may be Lawful for such Sheriff or Collector to demand and receive of the Treasurer or Treasurers, to whom he shall have paid any such Taxes, all Sum or Sums of Money which the said Sheriff or Collector paid him, them, or either of them; to be recovered by Action of Debt, in the Superior Court of the District wherein the County is situated, of which such Sheriff is or was Collector.

V. And be it further Enacted, by the Authority aforesaid, That Neither of the aforesaid Taxes of One or Two Shillings, shall be demanded, taken or received, of or from any Person or Persons whatsoever hereafter, on any Pretence whatsoever.

CHAPTER XXXVII.
An Additional Act to an Act, entitled, an Act, for defraying the contingent Charges of Government.

I. Whereas the Tax laid by the before recited Act, is not sufficient to defray the charges of Government;

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That an additional Poll Tax of One Shilling, be levied on each taxable Person in this Province for and during the Term of Three Years; which said Tax shall commence for the Year One Thousand Seven Hundred and Seventy One, shall, by the several Sheriffs 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 accounted for and paid.

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

IV. And be it further Enacted by the Authority aforesaid, That the above recited Act shall and be and continue in Force for Three Years, from and after the passing of this Act; anything in the said Act to the contrary, notwithstanding.

CHAPTER XXXVIII.
An Act to enlarge the time for several Sheriffs to settle their accounts with the Justices of the Inferior Courts of Pleas and Quarter Sessions of the Counties therein mentioned.

CHAPTER XXXIX.
An Act for ascertaining the Boundary Line between the County of Rowan, and the Counties of Mecklenburg and Tryon; and for appointing Commissioners to run the same.

I. Whereas the Boundary Line between the County of Rowan, and the Counties of Mecklenburg and Tryon, hath not as yet been ascertained, by

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Reason whereof the Inhabitants within the Disputed Bounds of the said Counties refuse to give in a List of Taxables, or pay their Taxes in any of the said Counties:

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, that Thomas Neal, Thomas Polk, Matthew Locke, Griffith Rutherford, and Peter Johnston, Esquires, be appointed Commissioners; and they or a Majority of them, are hereby impowered and required, to run the Dividing Line between the said County of Rowan, and the Counties of Mecklenburg and Tryon; beginning at Cold Water, where John Patterson's Upper Line crosses the Creek; thence due West until it intersects the Cherokee Indian Line; which said Line, when run by the Commissioners aforesaid, or a Majority of them, shall by them be entered on Record in the Court of each of the said Counties, and shall hereafter be deemed and taken to be the Dividing Lines between the said Counties.

III. And for defraying the Charge of Running the said Line; Be it further Enacted by the Authority aforesaid, That the Inferior Courts of each of the said Counties, shall lay a Sufficient Poll Tax on the Inhabitants of their respective Counties, which shall be levied in the same manner as other Public taxes, as shall be sufficient to pay and satisfy their respective Commissioners, for the Charge and Trouble in running the aforesaid Line.

CHAPTER XL.
An Act for securing and preserving the Titles of the Freeholders in this Province.

I. Whereas through the Neglect and Mismanagement of Persons, who have heretofore been Registers in this Province, many of the Books wherein the Conveyances of Lands within Several of the Counties are Registered, are so abused and defaced, as to be almost unintelligible, and in Danger of being entirely lost, and are some of them removed to, and dispersed in other Counties, whereby the Freeholders are in Danger of being greatly injured;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same; That the Justices of the Inferior Court of any County, or any Seven of them, at any Court held between the passing of this Act and the First Day of May, One Thousand Seven Hundred and Seventy Two, may, and are hereby impowered to appoint some Person or Persons to collect together all the Books or Papers, wherein are registered the Conveyances of Lands in their respective Counties, and to make a Fair Copy of the same into a Book or Books, well bound in Calf or Vellum; and the same being fairly copied into the said Book or Books, to present to the Court for their Approbation.

III. And the said Book or Books being approved of by the Court, in Order to prevent Frauds and correct Errors; Be it further Enacted by the Authority aforesaid, That Six Persons be appointed to examine and correct the same, in Manner following, to-wit, Two of them by the Court, Two of them by the Vestry, and the other Two of them by the Freeholders of the said County, or a Majority of them: And in Order that the Freeholders be properly convened for that Purpose, the Justices of the Inferior Court are hereby impowered, to direct the Sheriff of the said County to set up advertisements, appointing a Day for the said Freeholders to meet at the Court House of the said county, to elect and Choose the said Two Persons for the Purposes aforesaid; and the Sheriff is hereby directed to attend at the

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Court House on such Day as shall be so appointed for the election aforesaid, and shall take a List of the Names of the Voters, and the Votes given in by each Freeholder in his proper Person, and the Poll kept open until Sunset; and the Sheriff shall declare the persons who have the greatest Number of Votes duly elected and shall sign the Poll, and returne the same to the next Inferior Court, to be filed by the Clerk amongst the Records of the said County, the Clerk having first made an Entry of the Names of such Persons so elected on the Minutes of the said Court; and the Person so appointed and elected as aforesaid, having examined the said Book or Books, and compared them with the Originals, and corrected any errors that they may find in the same, shall certify the same, on Oath in Open Court; which Certificate shall be entered on the minutes of the said Court, and also in the said Book or Books; which Certificate so entered in the said Book or Books, shall be signed by such Persons so appointed as aforesaid to examine the same, and be attested by the Clerk in open Court: And all Deeds and Conveyances of Lands, inserted in the said Book or Books as aforesaid, from the old Registers, Books, and Papers, shall be deemed and taken to be duly Registered and Certified Copies from the said Book or Books, and shall be of equal validity with Copies of Deeds from any other Register's Office within this Province; any Law, Usage, or Custom, to the contrary, notwithstanding.

IV. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for any person or Persons, so appointed and elected as aforesaid, to collect the Books and Papers wherein any Conveyance of Land within the said Counties are registered, to demand and receive the said Books and Papers from every Person or Persons who may have the same, or any of them, in his or their Possession: And in Case of the Refusal of any such Person or Persons, so possessed as aforesaid, it shall and may be lawful for the Superior Court of the District, on Motion, after Ten Days previous Notice given to such Person or Persons so refusing, and on the said Facts appearing sufficiently to the Court, to order and adjudge he or they be committed to close Gaol, without Bail or Mainprize, until he or they shall cause the said Books and Papers by him possessed to be delivered to the Person or Persons to receive the same, and shall also pay and satisfy all such Costs as may accrue by Reason of such Motion.

V. And be it further Enacted, by the Authority aforesaid, That the Inferior Court of the County where the said Records shall be so examined and compleated, shall deliver to the Register of such County the said Books, to be by him kept as usual.

VI. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Justices of the said Court to make such Reasonable Allowance as may be thought necessary to such Persons as shall be appointed and elected for the Purpose aforesaid, to be paid out of the County Tax.

VII. And whereas many Conveyances for Lands in the said Counties, certified by the Register to have been registered, are not to be found in any of the Register's Books for the respective Counties; Be it therefore Enacted, by the Authority aforesaid, That any Person producing to the Register of the County whereof he is Register any Deed of Conveyance for Lands in the said County, with a Certificate thereon endorsed, of the same having been duly proved before the Inferior Court of the said County, or the Chief Justice, or one of the Associate Justices, shall be entitled to have the same Registered; and the Register of the same County is hereby required to register the same, if such Conveyance be not found in the Books, notwithstanding such Certificate of Registration.

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CHAPTER XLI.
An Act to alter the Method of working upon the Roads in the County therein Mentioned.

(Printed in Private Acts, post.)

CHAPTER XLII.
An Act for dividing the Northern Part of Rowan County, and erecting a new County and Parish, by the Name of Surry County and St. Jude's Parish.

I. Whereas the large Extent of the County of Rowan, renders it grievous and Burthensome to many of the Inhabitants thereof to attend the Courts and general Musters, and other Public Meetings appointed therein;

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 April next, the said County of Rowan be divided by a Line, beginning at a Point Forty Two Miles North of Earl Granville's Line, on Guilford County Line; thence running North to the Virginia Line; thence Westwardly along the Mountains to the Ridge that divides the Waters of Yadkin and the Catawba Rivers; thence along the said Ridge to the North West Corner of Rowan County; then East along Rowan county Line to the Beginning, be thenceforth erected into a Distinct County and Parish, by the Name of Surry County and St. Jude's Parish.

III. And for the due Administration of Justice, Be it Enacted, by the Authority aforesaid, That after the aforesaid First Day of April, a Court for the aforesaid County of Rowan be constantly held by the Justices thereof, at the Court House in the said County at Salisbury, on the First Tuesdays in February, May, August, and November, in each Year; and also that a Court for the said County of Surry, be constantly held by the Justices thereof, at Gideon Wright's, on the Third Tuesdays in February, May, August and November, in every Year, as by the Laws of this Province is provided, and shall be by commission to the Justices of the said Counties respectively directed.

IV. 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 Rowan, as the same stands now undivided, to make Distress for any Levies, Fees, or other Dues, that shall be due from the Inhabitants of the said County on the said First Day of April, in the same Manner as by Law the said Sheriff could or might have done, if the said County had remained undivided; and the said Levies, Fees and other Dues, shall be collected and accounted for in the same Manner, as if this Act had never been made; any Thing herein contained to the contrary, notwithstanding.

V. And be it further Enacted, by the Authority aforesaid, That after the First Day of April, the said County of Surry shall be, continue and remain. Part of the District of the Superior Court of Justice usually held for the District of Salisbury; and the Sheriff of the said County of Surry shall, from Time to Time, account for and pay to the Public Treasurer of the Southern District of this Province, for the Time being, all Public Levies by him collected, or wherewith he shall stand chargeable, in the same Manner, and under the like Pains and Penalties, as other Sheriffs.

VI. Provided always, That nothing herein contained shall be construed 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 Counties; and of ordering, appointing, and directing the election of a Member

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or Members to represent them in Assembly; and of granting Markets and Fairs, to be kept and held in them respectively; 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 Griffith Rutherford, John Dunn, Matthew Locke, Martin Armstrong, and Anthony Hampton, Esquires, be appointed commissioners; and they are hereby impowered and required to run the said Dividing Lines between the Counties of Rowan and Surry, agreeable to the Directions of this Act; which said Lines when run by the Commissioners or a Majority of them, shall be by them entered on Record in the Court of each of the said Counties, and shall hereafter be deeemed and taken to be the Dividing Lines between the said Counties of Rowan and Surry.

VIII. And be it further Enacted by the Authority aforesaid, That the said Griffith Rutherford, John Dunn, Matthew Locke, Martin Armstrong, and Anthony Hampton, the Survivor or Survivors of them be, and they 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 Surry, at such Place as they, or the Majority of them, or their Survivors, shall agree upon.

IX. 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 Surry, for three Years next after the said First Day of April: And 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 so by him collected, to the Commissioners aforesaid, after deducting Eight Per Cent. for his Trouble in Collectting 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 any Public Taxes.

X. And for defraying the Charges of running the said Lines between the Counties of Rowan and Surry; Be it Enacted by the Authority aforesaid, That the Inferior Court of the said County of Surry, shall lay a sufficient Poll-tax on the Inhabitants of their Said County; which shall be levied in the same Manner as other Public Taxes, to pay and satisfy their said Commissioners for the Charge and Trouble in running the aforesaid Lines.

XI. And whereas the Number of Jurors to serve at the Superior Court for the District of Salisbury, for the County of Rowan, were formerly eleven Grand Jurors and Eleven Petit Jurors; Be it Enacted by the Authority aforesaid, That the Justices of the said County of Rowan, shall for the future, appoint only Six Persons to serve as Grand Jurors, and Six Persons to serve as Petit Jurors, at the said Superior Court of Salisbury: Any Law, Usage, or Custom to the contrary, notwithstanding.

XII. And be it further Enacted by the Authority aforesaid, That the Justices of the Inferior Court of Surry County shall, and they are hereby directed, before every Superior Court held for the District of Salisbury 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

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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 in this Province.

XIII. And be it further Enacted, by the Authority aforesaid, That the Freeholders of the said County of Surry, shall, on Easter Monday next, meet at the Place where the Inferior Courts of the said County are to be held; then and there to choose and elect Vestrymen: Which Vestrymen so Chosen, after taking the Oaths by Law appointed for their Qualification, shall be, and are hereby invested with as full Power and Authority, and liable to the same Rules, Restrictions, and Penalties, as the Vestries are by Law subject to; and shall be and remain the Vestry of the said Parish and County, until the Time by Law appointed for the Election of Vestrymen throughout the Province.

XIV. And whereas some Doubts have arisen, how far the breaking of the last Superior Court of Justice held for the District of Hillsborough, by the Insurgents, without a Regular Adjournment thereof to the next term, may affect the Operation in Law of the Actions, Writs, Suits, Processes, and Recognizances, returnable to, or depending in the said Court: For removing of which Doubts, Be it 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 said Court, the adjournment whereof to the Term in Course was prevented as aforesaid, shall be, and are hereby continued to the next Term in Course: And all Subpoenas for Witnesses, and Recognizances for the Appearance of Persons, as Effectual as if a Regular Adjournment had been Made of said Court: And the Persons summoned as Witnesses, and entering into such Recognizances, bound to appear to the next Term accordingly.

CHAPTER XLIII.
An Act for the more Speedy Recovery of all Debts and Demands under Five Pounds, Proclamation Money, within this Province.

I. Whereas the Method of recovering Sums of Money above the Value of Forty Shillings, and under Five Pounds, Proclamation Money, by Way of Petition and Summons, as heretofore by Law directed, has not only been found frequently attended with much Delay; but also with great Costs and Expence to the Parties; and whereas many Mistakes and abuses have been committed in recovering Sums under Forty Shillings, for Want of some Law more explicit, with Respect to the Mode of recovering and obtaining Satisfaction for Sums under that Denomination: For Remedy Whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the First Day of March next from the passing of this Act, all Debts and Demands, not exceeding Forty Shillings Proclamation Money, are hereby declared to be Cognizable and Determinable by any one Justice of the Peace; who may, by Warrant under his Hand and Seal, directed to the Sheriff, Deputy Sheriff, or Constable of the County wherein he is a Justice, cause to be summoned any Person to appear before him, or some other Justice of the Peace of the County, to answer the Complaint of a Creditor, for any Debt or Demand, not exceeding Forty Shillings as aforesaid; and also to issue his Summon or Summons for such Witness or Witnesses, as shall or may be required by either Plaintiff or Defendant, for the Better Proof of the Matter contested between the Parties; and every

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Person so summoned, shall appear and give Testimony, at such Times and Places as by the Summons directed and required; under the Penalty of Forfeiting Three Pounds, Proclamation Money, to the Party Aggrieved, and to be further Liable to his Action for Damages, unless good Cause be Shewn to, and approved of by the Justice before whom he, she, or they were summoned to appear, within Ten Days after the Time appointed for such Appearance: And after having heard the Parties, and such Evidences as shall be produced by each and either of them, to give Judgment, and thereupon to award Execution against the Goods and Chattels, or the Body of the Debtor or Party against whom Judgment shall be given, which shall be executed and returned by the Sheriff, Deputy Sheriff, or Constable, to whom directed, at the Instance of the Plaintiff or Complainant, in the same Manner as other Writs of Fieri Facias, or Capias ad Satisfaciendum, are to be executed and returned except as is by this Act Directed is hereafter directed for the Sale of Goods so taken: And all Debts and Demands above Forty Shillings, and under Five Pounds, Proclamation Money, are in like Manner hereby declared to be cognizable and determinable before any Two Justices of the Peace; who are hereby authorized and impowered, by Warrant from under the Hand and Seal of any One Justice of the Peace, made returnable before himself, and one other Justice of the Peace, or any Two Justices of the Peace for the County wherein he is a Justice; and the same being accordingly returned to any Two Justices as aforesaid, for them to hear the Parties, and such Evidences as shall be produced by each and every of them, for any Debt or Demand above Forty Shillings, and under Five Pounds as aforesaid, and to give Judgment, and thereupon, under their Hands and Seals, to award Execution against the Goods and Chattels, or the Body of the Party, until Satisfaction thereof be had, with all Costs, in like Manner as in and by this Act is directed and prescribed for the Recovery and Satisfaction of the Debt and Costs, of all Sums of Forty Shillings Value, and under, before a Single Magistrate; and all Summons for Witnesses to attend before any Two Magistrates, on the Trial of any Debt or Demand above Forty Shillings, and under Five Pounds, shall and may be signed by One Justice: And each and every Person summoned to appear, and give Testimony before any Two Justices, and failing to do so, shall be subject to the same Penalty, and liable to the Like Action as by this Act inflicted and directed in Case of Failure before a Single Magistrate.

III. Provided always, That the Party so failing to appear and give Testimony, shall be entitled to the like Privilege of shewing the Cause to the said Justices, and from exempting himself from the Penalty for non-Appearance.

IV. Provided always, That if Judgment shall be given by any One or more Justices for any Sum above Forty Shillings, Proclamation Money, the Party or Parties against Whom such Judgment shall be given, may desire a Stay of Execution for any Term of Time, not exceeding Two Months; which said Justice or Justices is, and are hereby authorized, impowered, and required, to grant the Party praying such Stay of Execution, first giving sufficient Security for Paying the same; which Security in like Manner as the Principal shall be liable to the Execution of the Party, if not discharged at the Expiration of the said Term.

V. And be it further Enacted, by the Authority aforesaid, That all Goods and Chattels taken in Execution by any Sheriff or Constable, in Virtue of this Act, shall be kept in safe Custody Ten Days; And if the Owner or Owners of such Goods shall not, within the said Time, satisfy the said Debt and Costs, the Sheriff, Deputy Sheriff, or Constable shall, on the Day following (if not

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Sunday, and if so, then on the Day succeeding) between the Hours of One and Five in the Afternoon of the said Day, he having first advertised such Sale Ten Days at Least, at the Court House, Church, Mill, or other Public Place, adjacent to where the goods were taken, sell the said Goods and Chattels at Vendue; and after satisfying the Judgment and Costs as aforesaid, shall return the Overplus, if any there should be, to the Owner.

VI. And be it further Enacted, by the Authority aforesaid, That every Sheriff, Deputy Sheriff, or Constable, for every Warrant executed, shall be allowed Two Shillings and Eight Pence; and for every Subpoena, One Shilling; and for every Execution executed, Two Shillings and Eight Pence; and so at the same Rate for every Person where there shall be more than One mentioned in each Warrant, Subpoena, or Execution.

VII. And be it further Enacted, by the Authority aforesaid, That all Debts and Demands arising by Bond, Bill, Note, Account, Contract, Assumsit, or otherwise under Five Pounds, Proclamation Money, shall only be complained, prosecuted for, and tried, in Manner and Form as by this Act directed, and not otherwise: And if any Person shall, contrary to the true Intent and Meaning of this Act, commence or bring any Action or Suit in any Court within this Province for Five Pounds, or Upwards, on Purpose to evade this act, and thereupon shall have a Verdict for a less sum than Five Pounds, he shall pay the Cost of that Suit; except in Actions of Trespass or Tort, or Action of Defamation, or where an Account is unsettled, and the Defendant shall refuse or neglect, upon Notice given by the Plaintiff, to meet and settle the same; Proof of which Notice, either written or verbal, may be made by the Oath of the Plaintiff, or otherwise: And if either of the Parties shall be dissatisfied with the Judgment of the said Justice or Justices, the Party or Parties so dissatisfied, may appeal to the next Inferior Court of Pleas and Quarter Sessions that shall be held in the County where such Judgment shall be given, he, she, or they, first entering into sufficient Security, for the Prosecuting such Appeal with Effect; which Appeal shall be heard, tried and determined, the same Court, by the Justices of the said Court, in a summary Manner, without a Jury, upon such Evidence as shall be given them, and shall give Judgment according to the very Right of the Cause, and Matter in Law, shall appear to them, without Regard to form in the Process, or Course of Proceeding; and the Court shall not delay in Determination in any such suit until another Court, unless good Cause be made appear, upon Oath, for such Delay, and Judgment shall be thereupon given, and the Party Cast shall pay the Cost of all Proceedings thereon, which is hereby declared, exclusive of the Costs before the Justice or Justices, to be Seven Shillings and Six pence, to the Clerk, for the Whole Fees on such Appeal, and no more.

VIII. Provided always, That the Justice or Justices before whom such Suit was first heard and determined, shall not sit in Court, or give Judgment on the Trial of such Appeal.

IX. And whereas it hath often happened that when Bonds, with a Power of Attorney annexed, impowering any Attorney to confess Judgment for the Sum mentioned in the Bond or Bill, in any Court of Record, notwithstanding the same were for very small and inconsiderable Sums, that Judgment hath been entered in the Inferior Court of Pleas and Quarter Sessions, on such Bonds or Bills, and Costs taxed on the same, as if it had been on a Writ; whereby the Cost of Suit hath greatly exceeded the Sum due by such Bond or Bill: For the Prevention whereof for the Future, Be it Enacted, by the Authority aforesaid, That when any Judgment shall be entered on any Bond or Bill, in any Inferior Court of Pleas and Quarter Sessions in this Province, by Virtue of a Power of Attorney annexed, to confess Judgment

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for the Sum mentioned in such Bond or Bill, the Penalty whereof being under Five Pounds, That no more Fees shall be allowed or Taxed in the Bill of Costs than such as are directed to be taxed on an Appeal from a Judgment of one or more Justices of the Peace; any Law, Usage, or Custom to the contrary, notwithstanding.

X. And be it further Enacted, by the Authority aforesaid, That it shall be lawful for any Creditor, where his Debt or Demand is under Five Pounds Proclamation Money, to go before any Justice of the Peace of the County, and make Oath how much is justly due to him, and that he has Reason to suspect that his Debtor hath or intends to remove himself and Effects Privately out of the County, or so absconds that the Ordinary Process of Law cannot be served upon him; and thereupon such Justice, first having taken Bond and Security, as in other Cases of Attachments shall issue an Attachment against the Estate of such Debtor, returnable before any Justice, or Two Justices of the Peace, as the Case may be, directed to the Sheriff, Deputy Sheriff, or Constable of the County; and by Virtue thereof it shall be lawful for such Sheriff, Deputy Sheriff, or Constable, to pursue and attach such Effects, and make due return of such Attachment; and the Proceedings thereon by the said Justice or Justices (due Regard being had to the different Jurisdiction by this Act given to Two Justices jointly, or one Separately) shall be in a Summary Way, in the same Manner as on a Warrant, any Law Usage, or Custom, to the contrary, notwithstanding.

XI. And be it further Enacted, by the Authority aforesaid, That so much of the Several Acts of Assembly of this Province, made for establishing, amending, and continuing the several Inferior Courts of Pleas and Quarter Sessions, as relate to Petitions and Summons, and the Jurisdiction of a single Magistrate, to take Cognizance of the Sum of Forty Shillings; and all and every Act and Acts, and every Clause and Article thereof, heretofore made, so far as relates to any Matter within the Purview and Meaning of this Act, is hereby repealed, and made null and void.

XII. Provided nevertheless, That nothing herein contained shall be construed, deemed or taken, to extend the Trial of such Petition and Summons, as heretofore have been, or may, between the passing of this Act and the First Day of March next, be issued; but that the same may be proceeded on, or heard and determined, in the same manner as if this Act had never been made.

XIII. And be it further Enacted, by the Authority aforesaid, That this Act, and every Clause and Article thereof, shall be and continue in Force for and during the Term of Two Years, and no longer.

CHAPTER XLIV.
An Act to encourage and support the Establishment of a Post Office in this Province.

(Omitted).

Signed by,
WM. TRYON, ESQ., Governor,
James Hasell, President.
RICHARD CASWELL, Speaker.

Read three times and ratified in open Assembly the 26th day of January, 1771.