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Acts of the North Carolina General Assembly, 1771
North Carolina. General Assembly
November 19, 1771 - December 23, 1771
Volume 23, Pages 850-871

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LAWS OF NORTH CAROLINA, 1771.

At an Assembly, began and held at New Bern, the Nineteenth Day of November, in the Twelfth 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-one: Being the Second Session of this Assembly. Josiah Martin, Esq., Governor.

CHAPTER I.
An Act for imposing a Tax of Two Shillings Proclamation Money, per Poll, on all Taxable Persons within this Province, and for granting the Money arising from such Tax to his Majesty, his Heirs and Successors, to be applied as herein after directed.

I. Whereas there is an absolute necessity that provision be immediately made for paying the Expence, computed at Sixty Thousand Pounds, incurred in the late necessary expedition against the Insurgents:

II. We pray that it may be Enacted, And be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That an Annual Tax of Two Shillings, Proclamation Money, per Head, be, and is hereby imposed, to be levied on all the Taxable Persons within this Province.

III. And be it further Enacted, by the Authority aforesaid, That the Poll tax hereby imposed on all Taxable Persons, shall be collected, accounted for, and paid, by the Sheriffs of the several Counties within this Colony, who are hereby vested with all the Powers and Authorities, and declared to be subject to the same Rules, Regulations, Pains, and Penalties, and entitled to the same Emoluments, as are directed and Provided by an Act entitled, An Act for appointing Sheriffs, and directing their Duty in Office.

IV. And be it further Enacted, by the Authority aforesaid, That the said Tax of Two Shillings per Poll, hereby imposed, shall be annually levied and collected for Ten Years next after the Passing of this Act, and no longer, and applied annually towards calling in and redeeming the Debenture Bills by this Act directed to be issued; which Debenture Bills, when so redeemed, are hereby directed to be Burnt and Destroyed.

V. Provided nevertheless, That if the Sum hereby issued in Debenture Bills, shall be collected on the said Tax of Two Shillings per Poll in a shorter Time than Ten Years, then the said Tax shall cease.

VI. And be it further Enacted, by the Authority aforesaid, That the Honorable John Rutherford, Lewis Henry DeRosset, Esquires, and Richard Caswell and John Harvey, Esquires, be, and are hereby appointed Commissioners; and are vested with full Power and Authority, as soon as conveniently may be after passing of this Act, to Stamp and Sign Debenture Bills chargeable on the Public Treasury of this Province, to the amount of Sixty Thousand Pounds Proclamation Money in the following Form, viz: The Province of North Carolina is indebted to the Possessor hereof ——, Proclamation Money, to be paid out of the Public Treasury, according to Act of Assembly, passed December, One Thousand Seven Hundred and Seventy One; and of the following Denominations, viz: Two Thousand Five Pounds Bills, Three Thousand Three Pounds Bills, Five Thousand Two Pounds Bills,

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Four Thousand Thirty Shillings Bills, Ten Thousand Twenty Shillings Bills, Ten Thousand Ten Shillings Bills, Twenty Thousand Five Shillings Bills, Thirty Two Thousand Two Shillings and Six Pence Bills, Twenty Thousand One Shilling Bills: And the same having struck and signed, in equal Portions, to pay to the respective Public Treasurers. And the said Commissioners shall be allowed Fifteen Hundred Pounds, Proclamation Money, for their Trouble and Expence in this Service.

VII. And be it further Enacted, by the Authority aforesaid, That the Debenture Bills, hereinbefore directed to be struck, and paid into the Hands of the Public Treasurers, shall by them be delivered to the Public Creditors of this Province, in Proportion to the Sums respectively due to them, for which they shall be allowed three per Cent.

VIII. And be it further Enacted, by the Authority aforesaid, That the said Honorable John Rutherford, Lewis Henry DeRosset, Esquires, and Richard Caswell and John Harvey, Esquires, are hereby directed and required, previously to their entering on the Trust by this Act reposed in them, to give Bond with good and sufficient Security, in the Sum of Ten Thousand Pounds, Proclamation Money, each, payable, to the Governor, or commander in Chief for the Time Being, to the Use of this Province; with condition that he shall duly and faithfully execute and discharge the said Trust reposed in him, according to the True Intent and Meaning of this Act, and shall also Make Oath before some Magistrate to the same Purpose; which Bond shall be lodged in the Secretary's Office; And in Case of a Breach of the Condition thereof, may be put in Suit, and recovered, to the use of this Province. And if any of the Commissioners herein before appointed shall die, remove out of this Province, or refuse to Act, the Governor or Commander in Chief for the Time Being, shall appoint others, or another, in the Room of him or them so dying, refusing, or removing himself; which Commissioner or Commissioners so appointed, shall enter into Bond, and make Oath, in the same Manner as the Commissioners herein appointed are directed.

IX. And be it further Enacted, by the Authority aforesaid, That if any Person shall counterfeit, alter, or deface, any of the Debenture Bills struck by Virtue of this Act, he shall, on conviction thereof, be adjudged a Felon, and shall suffer Death without Benefit of Clergy.

X. And for the better securing the Debenture Bills to be emitted by this Act from being Counterfeited, Be it Enacted by the Authority aforesaid, That the Public Treasurers shall not redeem or receive, from any Person whatsoever, any of the said Bills which shall appear to have any Paper, or other Thing whatsoever, Pasted, glued, or sealed on the Back thereof; and such Bills so pasted, glued, or sealed, shall not be chargeable on the Public Treasury of this Province.

CHAPTER II.
An Act to alter the Method of Working upon the Roads in the Counties therein mentioned.

I. Whereas the Power given by Law to Overseers of Roads is found inconvenient in the Counties of Bladen, Mecklenburg, and Guilford: For Remedy whereof.

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the Inferior Court of the said Respective Counties shall, at the first or Second Court held after the passing of this Act divide their respective Counties into as many Districts as they may Judge

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necessary and most Convenient for the Inhabitants to work on the Roads, and at the same time the said Court shall nominate and appoint Proper Persons to, be Commissioners of the Roads in each of the said Districts; which said Commissioners or the Majority of them, in their respective Districts, are hereby vested with all Powers respecting Roads, Bridges, and clearing of Rivers and Creeks, and shall be subject to the same Pains and Penalties, for Neglect of Duty, as the Commissioners of the Roads were vested with or were liable to, by an Act of Assembly of this Province, when in Force, entitled An Act for impowering the several Commissioners herein after Named to make, mend, and repair, all Roads, Bridges, Cuts, and Water Courses, already laid out in the several Counties and Districts herein after appointed, in such Manner as they Judge most useful for the Public.

III. Provided nevertheless, That no Person shall be liable to work on any Road, River, or Creek, more Than Twelve Days in One Year, And in Case the Commissioners of any of the said Districts shall be sued or indicted on account of any Road, River, or Creek, such Commissioner making proof of having worked all the Persons in their District liable thereto Twelve Days in each year, shall be exempt from any Recovery, Fine, Penalty, or Costs, whatsoever.

IV. And be it further Enacted, by the Authority aforesaid, That in Case any Commissioner or Commissioners to be Named by Virtue of this Act, shall refuse or neglect to take upon him or them such Office, or, having accepted, shall die, or remove out of his district, the remaining or surviving Commissioner or Commissioners of such District shall, and are hereby impowered and required and directed, to appoint another, or others, in his or their Room; who shall have the same Powers, and shall be liable to the same Pains and Penalties, as the Commissioners have and are liable to, who are to be appointed under this Act.

V. And be it further Enacted, by the Authority aforesaid, That so much of a Former Act, passed in the Fifth Year of the Reign of his present Majesty, as relates to the Power or Appointment of Overseers of the Roads, shall from henceforth be repealed, with respect to the said Counties of Bladen, Mecklenburg and Guilford.

CHAPTER III.
An Act to impower the Church Wardens and Vestrymen of the Parish of St. Gabriel's in the County of Duplin, to sell the Glebe in the said Parish and County.

I. Whereas the Situation of the Glebe in the Parish and County aforesaid is found to be inconvenient, and the same much out of repair.

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 the Church Wardens and Vestrymen of the said Parish, or the Majority of them, or their Successors, to sell and Dispose of the said Glebe, and the Money arising from such Sale to be appropriated towards purchasing a Glebe, situate in a more convenient Part of the said Parish; which Glebe so purchased, shall be vested in the said Church Wardens and Vestrymen and their Successors, in the same Manner, and to the same Uses and Purposes, as other Glebes are by the Laws of this Province invested in the Church Wardens and Vestrymen of their respective Parishes.

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CHAPTER IV.
An Act to enable the Freeholders of the Parish of St. John, in the County of Pasquotank, to elect a Vestry, and provide for their Poor.

I. Whereas the Poor of the Parish of St. John, in the County of Pasquotank, labour under great Distress, by Reasons that Persons heretofore elected to constitute a Vestry have neglected to qualify and Act agreeable to Law:

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the Sheriff of the County of Pasquotank, shall give Notice, according to Law, to the Freeholders of the said Parish, to meet at the Court House on the First Monday in March next, then and there to choose and elect Twelve Vestrymen, who shall be of the Established Church, according to the Rules, Limitations, and Restrictions, of an Act, entitled, An Act to amend and continue an Act, entitled, An Act concerning Vestries. And when the Person so chosen shall have qualified agreeable to Law, they shall be deemed, taken, and esteemed a Lawful Vestry; and are hereby invested with all the Power and Authority that other Vestries are possessed of within this Province agreeable to law, until a re-Election at the time directed by an Act, entitled, An Act to amend and continue an Act concerning Vestries.

III. And that the Vestry may be enabled, as soon as may be, to provide for the Poor of the Parish; Be it further Enacted, by the Authority aforesaid, That a Tax of Six Pence shall be levied on every Taxable Person within the said Parish of St. John, for the Year One Thousand Seven Hundred and Seventy One, and collected by the Sheriff of the County with the Public Taxes for that Year; which Tax shall be paid by him to the Vestrymen and Church Wardens, under the same Rules and Regulations, as if the said Tax had been laid by a Vestry, and shall be applied to the Use of the Poor at the Discretion of the Vestry.

IV. And be it further Enacted, by the Authority aforesaid, That the County Court of Pasquotank shall enquire into the execution of this Act, and if the Sheriff shall have refused or neglected to do what is hereby required of him by this Law, he shall forfeit and pay the sum of Twelve Pounds, to the Use of the Poor of the said Parish; to be recovered by Bill, Plaint, or Information, the said Court appointing One of their Members Plaintiff, for that Purpose: And on the Information of the Sheriff, on Oath, such of the Persons chosen for Vestrymen as shall have refused or neglected to act agreeable to law, shall forfeit and pay the Sum of Three Pounds each; and the Money arising from the Fines and Forfeitures herein mentioned, shall be applied by the Court to the Maintenance of the Poor, in the same Manner as the Vestry might apply it.

V. And be it further Enacted by the Authority aforesaid, That if through the Neglect of the Sheriff, or Persons elected, there should be no Vestry or Church Wardens, the Tax of Six Pence per Poll hereby laid, and to be collected by the Sheriff, shall be paid by him to the Court of the County, at the next Court succeeding the Tenth Day of June, in the Year One Thousand Seven Hundred and Seventy Two, and shall by the Court be applied to the Use of the Poor, with the same Power and Authority as the Church Wardens and Vestry might Use: And the said Inferior Court are hereby invested with the same Powers and Authority, to compel the Sheriff to account for the Tax hereby imposed, as the Vestry and Church Wardens might Use.

VI. And be it further Enacted by the Authority aforesaid, That so much of the afore recited Act, as comes within the Purview and Meaning of this Act, is hereby declared to be null and Void.

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CHAPTER V.
An Act for appointing an Agent, to solicit the affairs of this Province at the several Boards in England.

I. Whereas it is necessary that some Person, properly qualified, be appointed by Public Authority to solicit and truly represent the affairs of this Province at the several Boards in England:

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That Henry Eustace McCulloch, Esquire, be and is hereby appointed agent for this Province, to solicit, represent and transact, all such Public Affairs and Business now relating to the said Province, or that shall or may be moved concerning the same at any of the said Boards in England according as he shall, from Time to Time find Occasion, or be directed and instructed by the Committee of Correspondence herein after appointed; and the said Henry Eustace McCulloch shall have and receive, for his Trouble and Expences in Soliciting the Affairs and Public Concerns of this Province the Sum of Three Hundred Pounds Sterling, paid in London Annually, to be paid by Warrant from his Excellency, the Governor, or Commander in Chief for the Time Being, out of the Public Treasury, to the said Committee, and by them remitted to the said Agent.

III. And be it further Enacted, by the Authority aforesaid, That the Honorable Lewis Henry DeRosset, and Marmaduke Jones, Esquires, Richard Caswell, John Harvey, James Moore, Joseph Montfort, Robert Howe, Maurice Moore, and Cornelius Harnett, Esquires, or the Majority of them, or the Majority of the Survivors of them, be, and they are hereby nominated and appointed a committee, to correspond with, from time to time, during the Continuance of this Act, to advise, direct and instruct, the said Henry Eustace McCulloch, in all such Matters relating to this Province, as may be moved or solicited, or that they may think proper at any Time to move or solicit, before any of the Boards in England: And the said Committee shall, from Time to Time, when thereto required, lay before the General Assembly of this Province the Advices they shall receive from the said Agent; and also Copies of such Dispatches, Orders, and Directions, as they shall send to him.

IV. 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 Second Day of December, in the Year of our Lord One Thousand Seven Hundred and Seventy One, and no longer.

CHAPTER VI.
An Act to amend an Act, entitled, An Act what Fences are sufficient; and to amend and Continue an Act relating to taking up Stray Horses.

I. Whereas Disputes daily arise between many of the Inhabitants of this Province, by reason of the Ambiguity of the before recited Act:

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That every Planter shall make a sufficient Fence about his cleared Ground under Cultivation, where no navigable Stream or deep Water Course shall be, that may be deemed sufficient, instead of a Fence Five Feet high, and the rails near together until the Fence be Three Feet high from the Ground.

III. And be it further Enacted, by the Authority aforesaid, That upon Complaint made by any Person whatsoever to any Magistrate of the County,

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of any Trespass or Damages done by Horses, Cattle or Hogs, it shall and may be lawful for such Magistrate, and he is hereby authorized, impowered and required, to summon, or cause to be summoned, Three Freeholders, indifferently Chosen, who, together with himself, shall view and examine, on Oath, whether the Complainants Fence be sufficient or not, and what Damages he hath sustained by Means of the Trespass, and certify the same from under their Hands and Seals; and if it shall appear that the said Fence be sufficient, then the Owner of such Horses, Cattle, or Hogs, shall make full satisfaction for the Trespass or Damages to the Party Injured; to be recovered before any Jurisdiction having Cognizance thereof: But if it shall appear that the said Fence be insufficient, then whatever Damages such Person shall sustain by Means of such Trespass, the Owner of such Horses, Cattle or Hogs, shall not be liable to make satisfaction for such Injury.

IV. And be it further Enacted by the Authority aforesaid, That if any Person whose Fence shall be adjudged insufficient, shall with Guns, Dogs, or otherwise, unreasonably chase, worry, Maim, or kill, any Horses, Cattle, or Hogs, or cause the same to be done, such Person so offending shall make full satisfaction for such Damages to the Party injured; to be recovered as aforesaid.

V. Whereas an Act, Passed at New Bern the Fifth day of December, in the Year of our Lord One Thousand Seven Hundred and Sixty Eight, entitled, An Act for preventing the frequent abuses in taking up and secreting stray Horses in the Counties of Orange, Granville, Bute, Rowan, Anson, Mecklenburg, Johnston, Dobbs, Halifax, Edgecomb, Northampton, Hertford, Tyrrell, Craven, and Pitt, will expire at the End of this present Session of Assembly; and whereas the said Act hath been of great Utility, and singular Service, to many Persons whose Horses have strayed from them in the Counties aforementioned, as well as in many of the neighboring Counties, it is thought necessary and expedient that the same should be amended and continued: Be it therefore Enacted by the Authority aforesaid, That every Person who shall hereafter take up any Stray Horse, Mare, Gelding, or Colt, and shall refuse or neglect to lead the same to the Owner, if known, if not, then to the Ranger of the County as aforesaid within the Time, and according to the Directions of the said Act; or shall make Use of any such Stray, before the same shall be appraised as aforesaid, he, she, or they, so offending, shall, for every Offence, forfeit and pay to any Person, that shall sue for the same, the Sum of Four Pounds Nineteen Shillings, Proclamation Money; to be recovered by an Action of Debt, before any Jurisdiction having Cognizance thereof, and be further liable to an Action of the Owner or Party grieved.

VI. And to the End that Strays may be as publicly Known as possible, and not secreted from their Owners by the Person taking up the same: Be it further Enacted by the Authority aforesaid, That every Person taking up any Stray as aforesaid, shall, at the next succeeding Court of the County where the same shall be taken up, advertise or cause to be advertised, the Marks, Brand, Stature, Age, and Appraisement of the said Stray, together with the Time of taking up, and Place of abode of the Person taking up the same, as described in the Ranger's Book; which Advertisement shall be fixed up at or near the Court House Door, during the sitting of the said Court, under the Penalty of Four Pounds, Proclamation Money; to be recovered by any Person who shall sue for the same, by an Action of Debt, before any Jurisdiction having Cognizance thereof, and be further liable to an Action of the Owner or Party grieved.

VII. And be it further Enacted, by the Authority aforesaid, That this Act, together with the said recited Act, shall be extended to, and be in Force in

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the Counties of Tryon, Guilford, Surry, Bertie, Duplin, Cumberland, and Wake, in as full and ample a Manner as in the Counties mentioned in the before recited Act.

VIII. And be it further Enacted, by the Authority aforesaid, That this Act, and the Act before recited, as by this Act amended, shall be and continue in Force for and during the Term of Three Years, and from thence to the next Session of Assembly, and no longer.

CHAPTER VII.
An Act to impower the Freeholders of the several Parishes therein mentioned to elect Vestries for their respective Parishes.

I. Whereas the Vestrymen elected for Unity Parish, in Guilford County, and the Vestrymen elected for St. Margaret's Parish, in Wake County, neglected to qualify agreeable to Law, whereby the said Parishes are without Vestries.

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the Freeholders of the said Parishes respectively shall, and they are hereby required, to meet at the Court House in their respective Counties on Easter Monday next after the Passing hereof, to elect and choose Twelve Freeholders of the said Parish to serve as Vestrymen; which elections shall be made by the Sheriff, under the like Rules and Restrictions, Pains and Penalties, as well with respect to the Sheriffs 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 from thenceforth to be Vestries of the said Parishes respectively, until the General Election of Vestrymen throughout this Province and shall execute and use the same Powers and Authorities as other Vestries of this Province may, can, or ought to exercise.

III. And be it further Enacted, by the Authority aforesaid, That every Person elected or chosen as a Vestryman in any of the said Parishes, who shall neglect or refuse, on Notice given by the Sheriff, to appear and qualify agreeable to Law, such Vestrymen so refusing or neglecting, shall forfeit and pay the Sum of Three Pounds; to be recovered before any Justice of the Inferior Court of the County, in the Name of the Sheriff, by any Person who shall sue for the same; to be paid to the Sheriff of the County, and to be accounted and paid for by him, to the Inferior Court of the County, to the Use of the Poor of the Parish.

IV. Provided nevertheless, That no Dissenter from the Church of England shall be elected a Vestryman for either of the said Parishes; any Thing herein Contained, to the contrary, notwithstanding.

V. And whereas by the Division of Orange County, the Majority of the Vestrymen elected for St. Matthew's Parish, in the County aforesaid, reside in the Counties of Chatham and Guilford, whereby the said Parish is without a Vestry; Be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Freeholders of the said Parish of St. Matthew, in Orange County, and they are hereby required to meet at the Court House in Hillsborough, on Easter Monday next, then and there to elect Vestrymen; which Vestrymen so elected, after due Qualification, shall be the Vestry of the said Parish, and shall be entitled to the same Privileges, invested with

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the same Powers, and subject to the same Pains and Penalties, as the other Vestries to be elected in Virtue of this Act.

VI. And whereas for the Want of a Sheriff in the County of Surry, no Election of Vestrymen was made in the Parish of St. Jude'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 Usual Place of holding Courts for the said County 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 VIII.
An Act for the further enabling Francis Locke, Andrew Allison, Griffith Rutherford, and William Temple Coles, Former Sheriffs of Rowan County, to collect the Arrearages of Taxes.

(Printed in Private Acts, post.)

CHAPTER IX.
An Act to amend an Act, entitled, 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 X.
An Act to indemnify such Persons as have Acted in Defence of Government, and for the Preservation of the public Peace of this Province, during the late Insurrection, from Vexatious Suits and Prosecutions.

I. Whereas during the late Insurrection, which began in or about the Month of December, in the Year of our Lord One Thousand Seven Hundred and Seventy, divers Officers of the Militia, Justices of the Peace, Constables, and other Officers and Persons, well affected to his Majesty and his Government, in order to preserve our present happy establishment and the Peace of this Colony, and to suppress and put an End to the said Insurrection, apprehended and put into Custody, and imprisoned, or caused to be apprehended, and put into Custody, and imprisoned, several Criminals, and Persons who they suspected had or might disturb the Public Peace, or foment or promote Riots, Tumults, Insurrections or evil Designs against the Government; and also seized and used several Horses, Arms, and other Things; and also pressed divers Horses, Carts, and Carriages, for the Service of the Public: And for the Purposes aforesaid, entered into the Houses and Possessions of sundry Persons, and did divers Acts which could not be justified by the Strict Forms of Law, and yet were necessary, and so much for the service of the Public, that they ought to be justified by Act of Assembly, and the Persons by whom they were transacted ought to be indemnified:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That all Personal Actions and Suits, Indictments, Informations, and all Molestations, Prosecutions, and Proceedings whatsoever, and Judgments thereupon if any be, for or by Reason of any

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Matter or Thing advised, commanded or appointed to be done, during the Insurrection, and until the Tenth Day of July, in the Year of our Lord One Thousand Seven Hundred and Seventy One, in Order to suppress the said Insurrection, or for the Preservation of the Public Peace, or for the Service or Safety of the Government, shall be discharged and made void; and that every Person by whom any such Act, Matter, or Thing, shall have been so advised, commanded, appointed, or done for the Purposes aforesaid, or any of them, before the said Tenth Day of July, shall be freed, acquitted, and indemnified, as well against the King's Majesty, his Heirs and Successors, as against all and every other Person or Persons; and that if any Action or Suit hath been, or shall be commenced or prosecuted against any Person or Persons, for any such Matter, Act, or Thing, so advised and commanded, appointed, or done, for the Purposes aforesaid, or any of them, before the said Tenth Day of July, he, she, or they may plead the general Issue, and give this Act and the Special Matter in Evidence; And if the Plaintiff or Plaintiffs shall become nonsuit, or forbear further Prosecution, or suffer discontinuance, or if a Verdict pass against such Plaintiff or Plaintiffs, the Defendant or Defendants shall recover his, her, or their full Costs, for which he, she, or they, shall have the like Remedy as where Costs by Law are given to Defendants in other Cases.

III. Provided nevertheless, That nothing herein contained shall be construed to extend to, or debar any Person or Persons, from his, or her, or their Right of sueing for and recovering any Bonds, Notes, or Book Accounts, detained from them by any Person or Persons whatsoever.

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

I. Whereas it has been the Usual Practice of the Branch Pilots, for the Bar of Cape Fear River to be equally concerned in the Profits arising from the Pilotage of Vessels over the said Bar, which has been found from experience to be prejudicial to Trade; For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That every Pilot having a Branch for the Bar of Cape Fear River, shall within Three Months after the passing of this Act, take the following Oath before any Two Justices of the Peace of the County wherein such Pilot resides, viz.:

I, A. B., do solemnly swear that I am not at this Time, neither will I at any Time hereafter, during my Continuance as a Branch Pilot for the Bar of Cape Fear River, be concerned in any kind of partnership with more than three Branch Pilots, so as to receive any Share or Benefit therefrom to myself or family. So help me God.

And the said Two Justices shall, on administering such Oath, deliver to such Pilot a Certificate thereof, under their Hands and Seals; and every Branch Pilot refusing or neglecting to take the said Oath, and obtain a Certificate as aforesaid, shall forfeit his Branch; any Thing contained in the before recited Act, to the contrary, notwithstanding.

III. And be it further Enacted by the Authority aforesaid, That the Captain of Fort Johnston, shall, and he is hereby authorized and impowered, to order any One or more of the Branch Pilots to Sea whenever he has Reason to believe any Vessels are on the Coast; and any Branch Pilot or Pilots, refusing or neglecting to obey such Order (Wind and Weather permitting) such

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Disobedience or Neglect shall be certified by the said Captain of Fort Johnston to the Commissioners of the Pilotage of Cape Fear River; who are hereby impowered to suspend such Pilot or Pilots, until the pleasure of the Governor, or Commander in Chief for the Time Being, shall be known.

IV. And whereas the keeping of decked Boats to attend the Pilotage of the said Bar of Cape Fear River is found from experience to be necessary; Be it further Enacted, by the Authority aforesaid, That every Branch Pilot of the said Bar shall, and he is hereby required to keep a decked Boat, or be concerned with some other Branch Pilot who shall have a decked Boat, under the Penalty of forfeiting his Branch; any Thing in the before recited Act, to the contrary, notwithstanding.

V. And to prevent any kind of Ballast or Trash being thrown into the Channel of the said River of Cape Fear; Be it further Enacted by the Authority aforesaid, That every Master of a Vessel coming into the said River shall, upon his Arrival at Port Brunswick, take the following Oath before the Collector, or his Deputy, who is hereby impowered and required to administer the same, viz.:

I, A. B., do solemnly swear that I have not, nor will I, directly or indirectly, cause or suffer any kind of Ballast brought in by my Vessel to be thrown into any Part of the Channel of Cape Fear River, but that the same shall be landed, or thrown entirely above Low Water Mark. So help me God.

And if any kind of Ballast shall after the passing of this Act be thrown out of any vessel into any Part of the Channel of the said River, by any Sailor, Mariner, or other Person whatsoever, the Master or Commander of such Vessel, upon due Proof being made thereof, shall forfeit and pay the Sum of Two Hundred Pounds, Proclamation Money; to be recovered by any Person who shall sue for the same, by Action of Debt, in the Superior Court of the District of Wilmington; One half to the Prosecutor, and the other Half to the Commissioners of the Pilotage of Cape Fear River, to be by them applied to the Benefit of the Navigation of the said River.

VI. Provided always, That no Recovery shall be had thereon, unless Suit be brought within Twelve Months after the Time the said Offence shall have been committed.

VII. And be it further Enacted, by the Authority aforesaid, That if any Branch Pilot of the said River of Cape Fear shall knowingly suffer any kind of Ballast or Trash to be thrown out of any Vessel into any Part of the Channel of the said River, and shall not, within Ten Days after such Offence being committed, make Information thereof to one or more of the said Commissioners of the Pilotage, such Branch Pilot shall, upon Proof thereon, being made by one or more creditable Witnesses, forfeit his Branch, and be rendered forever thereafter incapable of Acting as a Branch Pilot for the said River.

VIII. And be it further Enacted, by the Authority aforesaid, That so much of the before recited Act, as comes within the Purview of this Act, shall be, and is hereby repealed and made void, to all Intents and Purposes, as if the same had never been made.

CHAPTER XII.
An Act to amend an Act entitled an Act for Regulating the several Officers' Fees within this Province, and ascertaining the Method of paying the same.

I. Whereas Fees for many Services by Law, enjoined to be performed by

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the Governor of this Province are altogether omitted in the above mentioned Act, and others so ambiguously expressed, that it is become doubtful what Fees he is legally entitled to for the Services therein mentioned: 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, it shall and may be lawful for the Governor, or commander in chief of this Province for the Time Being, to receive and take the following Fees for the Several Services hereinafter mentioned, to-wit:

£. s. d.
A Charter 10. 0. 0.
A Marriage Licence 1. 0. 0.
An Ordinary Licence 1. 0. 0.
An Attorney's Licence in the Superior Courts 3. 0. 0.
An Attorney's Licence in the Inferior Courts 1. 10. 0.
The Probate of a Will 0. 5. 0.
Granting Administration on an Intestate's Estate, and qualifying the Administrator 0. 10. 0.
Letters of Administration or Testamentary 0. 5. 4.
An Assignment of an Administration Bond 0. 5. 4.
A Testimonial under the Colony Seal 1. 0. 0.
A Chief Justice's Commission 5. 0. 0.
A Chief Baron of the Exchequer's Commission 2. 0. 0.
An Associate Justice's Commission 2. 0. 0.
A Judge of the Admiralty's Commission 1. 0. 0.
An Attorney General's Commission 2. 0. 0.
A Secretary's Commission 5. 0. 0.
A Deputy Auditor General's Commission 1. 0. 0.
A Clerk of the Plea's Commission 3. 0. 0.
A Clerk of the Council's Commission 1. 0. 0.
A Captain of Fort Johnston's Commission 1. 0. 0.
A Collector's Commission 1. 0. 0.
A Comptroller's Commission 0. 10. 0.
A Sheriff's Commission 0. 10. 0.
A Coroner's Commission 0. 10. 0.
A Register's Commission 0. 10. 0.
A Notary Public's Commission 0. 10. 0.
A Ranger's Commission 0. 10. 0.
A Naval Officer's Commission 1. 0. 0.
An Assignment of a Ship's Bond 0. 5. 4.
A Ship's Register 0. 13. 4.
A Pilot's Branch 0. 10. 0.
An undecked Vessel's Register 0. 7. 6.
Each Patent for Land 0. 6. 8.
Every Hundred Acres contained in a Warrant for Land 0. 5. 4.

IN CHANCERY.
Signing a Decree 0. 10. 0.
Every Subpoena 0. 2. 8.
Signing an Injunction 0. 7. 6.
A Ne Exeat 2. 0. 0.
Hearing and determining any Cause 2. 0. 0.
An Interlocutory Decree 1. 0. 0.
-------------------- page 861 --------------------
Signing an Exemplification of a Decree 0. 5. 0.
Signing an Exemplification of the whole Proceedings in any Cause under Seal 1. 0. 0.
Every Dedimus Protestatem, Attachment, Commission or Rebellion or Sequestration 0. 5. 4.
Dismissing every Bill, where the Cause does not come to Trial, or Final Hearing 1. 0. 0.
Setting down every Cause for hearing 0. 2. 8.
Every Writ of Execution of a Decree 0. 5. 4.
Every Order made on Motion or Petition 0. 1. 4.

And that the Governor's Private Secretary may take and receive to his own Use the following Fees, and no more, to-wit:

£. s. d.
Drawing the Certificate for the Probate of a Will 0. 5. 0.
Drawing every Testimonial 0. 5. 0.
Every Warrant for Land 0. 2. 8.
The Great Seal 0. 2. 8.
The Seal at Arms 0. 2. 8.
Drawing an Assignment of an Administration or Ship's Bond 0. 5. 0.
Making out every Commission to which the Seal at Arms is affixed 0. 5. 4.
Filling up Letters of Administration, taking Bond and all Services 0. 10. 8.
Filling up Letters Testamentary 0. 10. 8.

III. And also whereas by Reason of the Uncertainty and Ambiguity of the said Acts, Sundry Disputes have arisen concerning what Fees public Registers may lawfully take for Services by them to be performed; Be it Enacted, by the Authority aforesaid, That for the Future the following Fees only shall be received by the Public Registers of the several Counties within this Province, to-wit:

£. s. d.
Registering every Birth, Burial, or Marriage 0. 0. 8.
Registering every separate Deed of Conveyance of Lands, including the Certificate of being Proved, Relinquishment of Dower, Order for Registration, and Certificate of Registration, and all Indorsements thereof; Conveyances by Lease and Release, to be considered as Separate Deeds, or Copy thereof 0. 4. 0.
Registering every other Instrument of Writing, or Copy thereof, 0. 2. 8.
Every Search 0. 0. 8.

IV. And be it further Enacted, by the Authority aforesaid, That each respective Public Register shall, within Eight Months after the Ratification of this Act, set up in some Public Place in his Office, a Table of the Fees that may be taken according to the Directions of this Act, and shall keep the same up, under the Penalty of Five Shillings for every Day such Table shall not be so fixed up; to be recovered by a Warrant before any Justice of the County, by any Person prosecuting for the same.

V. And be it further Enacted, by the Authority aforesaid, That if any Public Register shall Demand, extort, exact, or receive, under Colour of his Office any other or larger Fees than what is particularly mentioned in this Act, or shall refuse to do the Particular Service in his Office for the Fees in

-------------------- page 862 --------------------
this Act expressed, such Public Register shall, for every such Offence or Default, forfeit the Sum of Five Pounds; to be recovered by Action of Debt or otherwise, before any Jurisdiction having Cognizance thereof, by any Person who shall sue for the same.

VI. Provided always, That such Prosecution shall be commenced within Twelve Months after the Offence is committed, and not after.

VII. And be it further Enacted, by the Authority aforesaid, That all Clauses, Matters, and Things, in the Before recited Act, so far as is within the Purview and Meaning of this Act, is and are hereby repealed, and declared to be Null and Void, to all Intents and Purposes.

CHAPTER XIII.
An Act to continue an Act, entitled, An Act to encourage the Destroying of Vermin in the several Counties therein mentioned.

I. Whereas the Act to encourage the destroying of Vermin in the several Counties therein mentioned, made in the Year of our Lord One Thousand Seven Hundred and Sixty Nine, is now near expiring, and the same being found by Experience to be of Utility:

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the Same, That the before recited Act, and every Clause and Article therein, 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.

III. And be it further Enacted, by the Authority aforesaid, That the said recited Act, and each and every Clause and Article in the same, shall extend to, and be in Force in the County of Onslow, in as full and ample Manner, to all Intents and Purposes as if the said County had been particularly named in the said Act.

CHAPTER XIV.
An Act to impower the Officers therein mentioned, in Certain Cases, to take the Poll at the Election of Members to serve in the General Assembly.

I. Whereas no Officer except the Sheriff, or his Deputy, is appointed by Law to take the Poll at the Election of Members to serve in the General Assembly for this Province; and as a Sheriff may die, or be disqualified, so near the Day of Election, that no Sheriff can be appointed in Time to take the Poll, by which Means some Counties may not have representatives to appear for them during a Whole Session of Assembly, and receive great Injury thereby:

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the Passing of this Act, in Case of the Death or Disqualifications of any Sheriff, or from any other Cause whatever, by which a County may be without a Sheriff, at the Time of any Election, that the Coroner in any County where such Shall be held, or, where there are more Coroners than One, that the Coroner living nearest the place where such Election shall be held, shall, and is hereby impowered and required, to receive the Writs of Election for such County, and to proceed thereon in the same Manner that Sheriffs are by Law directed to proceed, and shall be under the same Rules and Regulations, and Subject to the same Penalties, that Sheriffs are by Law liable and subject to; which Writ of

-------------------- page 863 --------------------
Election so proceeded upon, and the Return made by such Coroner, shall be deemed as valid, to all Intents and Purposes, as if performed by the Sheriff; any Law, Usage, or Custom, to the contrary, notwithstanding.

CHAPTER XV.
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.

(Printed in Private Acts, post.)

CHAPTER XVI.
An Act for amending An Act entitled An Act for erecting in the Town of Salisbury a Public Gaol, Pillory, and Stocks, for the District of Salisbury, in this Province.

I. Whereas the Trustees appointed in the before recited Act, by reason of the Late Insurrection preventing the Collection of Taxes, have not been able to discharge 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 Matthew Locke, John Dunn, James Kerr, William Steel, and James Dobbin, be, and are hereby appointed Trustees, in the Room of those appointed as aforesaid, and impowered to agree and contract with any Person or Persons for superintending and Finishing the said Gaol, Pillory and Stocks, in Manner as in the said Act is Directed, with the same Powers and under the same Restrictions, as the former Trustees by the before recited Act appointed.

III. And whereas the Tax heretofore laid on the several Taxable Persons in the District of Salisbury, hath been found to be insufficient to finish and compleat the said Gaol, Pillory, and Stocks; Be it Enacted by the Authority aforesaid, That a Poll Tax of One Shilling be laid on the Taxable Persons in the County of Rowan, and Eight Pence on the Taxable Persons in each of the other Counties in the said District, for One Year; which said Tax shall be collected, and accounted for, in the same Manner as in the before recited Act is directed.

IV. And be it further Enacted, by the Authority aforesaid, That the Trustees by this Act appointed shall be, and they are hereby invested with full Power and Authority, to receive into their Hands all Monies heretofore collected or received, by any Person or Persons whatsoever, in Virtue of any Act or Acts of Assembly, or in Virtue of any Order of the Inferior Court of the County of Rowan, for the Purposes of erecting a Gaol, for the County, or for the District of Salisbury; and also all Monies that may become due or arising from the Taxes within the District of Salisbury, in Virtue of the aforesaid Act, and this Act; and on Neglect or refusal, to proceed against all such Delinquents in the same Manner as prescribed in the said Act.

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CHAPTER XVII.
An Act for amending an Act, entitled, an Act for the Better Regulation of the Town of New Bern, and for securing the Titles of Persons who hold lots in the said Town.

I. Whereas the Freeholders of the Town of New Bern did neglect to meet at the Court House in the said Town on the second Tuesday in November last, and elect Commissioners, according to the Directions of the said Act:

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 the Freeholders of the said Town, to meet on the Fourth Tuesday in January next, at the Court House, and elect Five Freeholders to be Commissioners, until the usual Time of electing Commissioners for the said Town; which election shall be held by the Sheriff of Craven County, in the same Manner as such Elections have been heretofore held: And the Commissioners so elected, before they enter upon the Execution of their Office, shall take the Oath by the above Recited Act directed, and thereafter shall be vested with, and are hereby declared to have the same Powers and Authorities, to all Intents and Purposes, as if such Commissioners had been elected on the Second Tuesday in November last; any Law to the contrary Notwithstanding.

III. And be it further Enacted by the Authority aforesaid, That it shall and may be Lawful for the said Commissioners, and they are hereby directed, impowered, and required, to lay out a Street from the North Side of Pollock Street, at right Angles with the East and West Corners of the North Front of the Palace, to the Bounds of the Town; which said Street so laid out, shall be called and Known by the Name of George Street; and that the Street called Eden Street, from Pollock Street Northward, be thenceforth discontinued; and the Lots next adjoining the said George Street, on the West Side thereof, shall extend westward across where the said Street called Eden Street, now runs; and that those Lots adjoining on the East side of the said George Street, be made as nearly equal in Quantity Ground as may be, strict Regard being had by the said Commissioners to the Improvements, already made by the Owners of such Lots, so as the same shall be included within the Bounds and Limits of the said Lots by them to be laid out, and the Marks and Numbers to correspond with the present Numbers of the Lots in the Square through which the said George Street shall be laid out; and that thereafter the Owners of the respective Lots as now laid down in the Plan of the said Town, shall be entitled to the Lot to be laid out of the same Number, and shall hold and enjoy the same Estate therein, as he or she, would or could have held and enjoyed, in their respective Lots of those Numbers, if this Act had never been made; any Thing in any Former Law, to the contrary notwithstanding.

IV. And be it further Enacted, by the Authority aforesaid, That the said Commissioners after having so laid out the said George Street, and set up Marks at the Corners of the several Squares in the said Town, shall make, or cause to be made, a fair and accurate Plan of the said Town, with proper Descriptions; which Plan shall forever thereafter be deemed the True Plan of the said Town, and be lodged in the Secretary's Office, and one fair Copy thereof be lodged with the Clerk of the said Town, by him to be safely kept, that all Persons may have free access thereto, on the Payment of one Shilling: And if the said Clerk shall refuse or neglect to shew the said Plan to such Persons as shall require the same, and pay the Fee aforesaid, he shall for every such refusal or neglect, forfeit and pay the Sum of Twenty Shillings; to be

-------------------- page 865 --------------------
recovered by the Party requiring the same, by a Warrant before any Justice of the Peace, with Costs.

V. And be it further Enacted, by the Authority aforesaid, That so much of each and every Act, and Clause of an Act of Assembly, heretofore made, as comes within the Purview of this Act, is and are hereby repealed and made void.

CHAPTER XVIII.
An Act for laying out a Town on the Land of Richard Evans, in Pitt County, by the name of Martinborough.

I. Whereas the Land of Richard Evans, on the South side of Tar River, in Pitt County, hath been represented to this Assembly as a convenient Place for Trade, and the Inhabitants of the said County being desirous that a Town should be established thereon:

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That so soon as the said Richard Evans shall signify his Consent in open Court of the said County of Pitt, to have One Hundred Acres of Land laid out for a Town, as hereinafter is directed, it shall and may be lawful for Wyriot Ormond, Richard Evans, Charles Forbes, Henry Ellis, and George Evans, Gentlemen, or the Majority of them, who are hereby nominated and appointed Commissioners, with full Power and Authority to lay out the said One Hundred Acres of Land on the South Side of Tar River for a Town, by the Name of Martinborough; and they or a Majority of them, are hereby directed and impowered to lay out the same at and adjoining the said River, into Lots of Half an Acre each, with convenient Streets, and a Place for a Church and Market.

III. And be it further Enacted, by the Authority aforesaid, That when the Commissioners, or the Majority of them, shall have laid out the said Town in Manner as aforesaid, they and each of them shall have Power to take Subscriptions for the said Lots, of such Persons as are willing to subscribe for them; and when the said Commissioners shall have taken Subscriptions for One Hundred Lots, or Upwards, they shall appoint a Day, and give Public Notice to the Subscribers of the Day appointed, for drawing of the said Lots, which shall be done by Ballot, in a Fair and Open Manner, in the presence of the Commissioners, or a Majority of them; and such Subscriber shall be entitled to the Lot or Lots which shall happen to be drawn for him, and correspond with the Mark or Number contained in the Plan of the said Town; And the Commissioners or the Majority of them are hereby impowered and directed to grant, convey and acknowledge, by Deed, the said Lots, to the Persons who shall be entitled to the same, and his Heirs and Assigns forever, in Fee Simple, upon the Payment of Fifty Shillings, Proclamation Money.

IV. And for continueing the Succession of the Commissioners, Be it Enacted by the Authority aforesaid, That in Case any of the Commissioners herein named shall die, remove out of the Province, or shall refuse to Act, the Remainder of the Commissioners in this Act appointed shall and may elect and appoint other Commissioners, to serve and Act in their Stead.

V. And be it further Enacted, by the Authority aforesaid, That Charles Forbes be, and is hereby appointed Treasurer and receiver, of all such Sum and Sums of Money which shall arise by the Sale of the said Lots, for the Use of the said Richard Evans, his Heirs and Assigns: And on the Death or Departure of the said Treasurer, out of the Government, the said Commissioners,

-------------------- page 866 --------------------
or the Majority of them, or their Survivors, shall appoint some other Person, in the Room of the said Treasurer.

VI. And be it further Enacted, by the Authority aforesaid, That the Treasurer, herein appointed by the Commissioners as aforesaid, shall account for and pay unto the said Richard Evans, his Heirs or Assigns, all such Monies, as shall be by him received, on the Sale of all and every Lot and Lots that shall be sold in each Year, on the Twenty Fourth Day of June yearly.

CHAPTER XIX.
An Act for building a Court House in the Town of Salisbury, for the District of Salisbury.

I. Whereas the Court House in the Town of Salisbury, in the County of Rowan, is greatly decayed, and in so ruinous a condition that Courts cannot be held therein.

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That Mr. John Dunn, Mr. Thomas Neil, Mr. James Kerr, Mr. Thomas Polk, Mr. John Coulson, Mr. Alexander Martin, and Mr. Robert Lanier, be, and they are hereby appointed Commissioners; and they or the Majority of them, shall and may, and they are hereby required, within Eighteen Months after the passing of this Act, to agree and contract with Workmen for building and erecting a New Court House in the Town of Salisbury, on the Lot of Ground whereon the Court House now stands.

III. And be it further Enacted, by the Authority aforesaid, That a Poll Tax of Eight Pence be levied on each Taxable Person in the County of Rowan, and a Poll Tax of Six Pence be levied on the Taxable Persons in the Counties of Anson, Mecklenburg, Tryon, Guilford and Surry, for Two Years; that is to say, the Year One Thousand Seven Hundred and seventy Two, and the Year One Thousand Seven Hundred and Seventy Three; to be levied and collected by the Sheriff of the respective Counties, in the same Manner, and at the same Times as Public Taxes are by Law directed to be collected and accounted for; which said Tax so collected, shall be paid to the Commissioners, or a Majority of them, and by them shall be applied to defray and pay for building the said Court House.

IV. And be it further Enacted by the Authority aforesaid, That the said Commissioners, or a Majority of them, after the aforesaid Building shall be erected, built and finished, shall render an Account of the Monies by them received in Virtue of this Act, together with that of their Disbursements, to the Inferior Court of the County of Rowan.

V. And be it further Enacted, by the Authority aforesaid, That the Sheriff of the respective Counties in the said District of Salisbury, for the Time being, shall, before he or they collect or receive any Part of the Tax herein laid, enter into Bond, with two sufficient Securities, to the said Commissioners, for the faithful Collection and Payment of the aforesaid Tax.

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

I. Whereas by the before recited Act the Commissioners of the Town of Wilmington, or the Majority of them, are directed to issue their Warrants, at least twice in every Year, to warn all the Male Taxables to clear, repair,

-------------------- page 867 --------------------
and pave the Streets, Lanes, or Allies, and to make or mend Wharves, Docks, or Slips; which Method have been found burthensome and inconvenient, and not to answer the Purposes thereby intended: 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 Commissioners of the said Town, or the Majority of them, shall, and they are hereby impowered and required, within Twenty Days after the First Tuesday in January in every Year, to lay such Tax as they may judge necessary, not exceeding Fifteen Shillings, Proclamation Money, per Poll, on all the Male Taxables in the said Town; which Tax shall be collected by Warrant under the Hands and Seals of the Commissioners, or the Majority of them directed to any Person they shall appoint to collect the same, returnable at such Times as shall be therein mentioned; which said Collector, appointed as aforesaid, is hereby impowered to collect and make Distress for the same, in like Manner as the Sheriffs, or other Collectors of Public, County or Parish taxes, are impowered by Law; and the Money arising therefrom, after deducting Five Per cent. Commissions, shall by him be paid into the Hands of the Commissioners, or the Majority of them, to be by them applied and laid out in clearing and repairing of the Public Streets, Lanes, and Alleys, and making or repairing Public Wharves or Docks, and in any other Public Work they may judge necessary for the Benefit of the said Town.

III. And be it further Enacted, by the Authority aforesaid, That no Person shall after the passing of this Act, be obliged to Work on the Streets, or other Public Places in the said Town, or to pay any other Town Tax, but such as is hereinbefore mentioned; any Thing in the before recited Act, to the contrary notwithstanding.

IV. And whereas the Inhabitants of the said Town have been at great expence in procuring an Engine for the Extinguishing of Fire, which is now out of Repair; Be it further Enacted by the Authority aforesaid, That the said Commissioners, or the Majority of them, shall, and they are hereby required, within Six Months after the Passing of this Act, to have the said Engine repaired, and that they cause the same to be properly worked, at least once in every Month, under the Penalty of Forty Shillings Proclamation Money, for every Month they shall neglect to have the same done; to be recovered by any Person who shall sue for the same, before any Justice of the Peace of New Hanover County: And the Expence attending the repairing and Working the said Engine, shall be paid out of the Public Stock of the said Town.

V. And whereas the electing Commissioners annually has been found inconvenient, Be it therefore Enacted, by the Authority aforesaid, That the Commissioners of the said Town shall for the Future be elected once in every Three Years, to commence from the First Tuesday in January next; which Commissioners so elected, are hereby vested with the same Powers and Authorities, and shall be subject to the same Rules and Restrictions, as if they had been annually elected; anything in the before recited Act, to the contrary, notwithstanding.

VI. And be it further Enacted, by the Authority aforesaid, That the Inhabitants of the said Town shall, and they are hereby required, to give in a List of all the Male Taxable Persons in each of their Families, on Oath, to the Commissioners, on the Third Tuesday in January in every Year, under the Penalty of Forty Shillings for every Neglect; to be recovered by Warrant under the Hands asnd Seals of the Commissioners of the said Town, or the Majority of them, to be applied to the Public Stock of the said Town.

VII. And whereas from the many Encroachments made on the Streets of

-------------------- page 868 --------------------
the said Town, by several Inhabitants erecting Piazzas, Platforms, and other Buildings therein, very much incommode the same, and may be a Means of communicating Fire across the said Streets, to the great Prejudice of the Inhabitants; Be it therefore Enacted, by the Authority aforesaid, that the Commissioners of the said Town, or a Majority of them, whenever they think it necessary, may ascertain a Ground Rent, not exceeding Forty Shillings, to be annually paid for each Piazza, Platform, or other Incroachment, on the Street (except open Piazzas, not exceeding Seven Feet wide, Steps, and Cellar Doors), which Ground rent shall by the said Commissioners, or a Majority of them, be applied to the Public Stock of the said Town; And if any Person shall neglect to pay such Ground Rent, the same shall be levied by a Warrant, under the Hands and Seals of the Commissioners, or the Majority of them, directed to one of the Constables of the said Town, on the Effects of such Delinquent.

VIII. And be it further Enacted, by the Authority aforesaid, That no Person shall hereafter inclose or cover any Piazza or Platform already Built, nor for the Future make any Incroachment whatever on the Street, unless for open Piazzas or Platforms, not exceeding Six Feet in Width, Steps, and Cellar Doors.

IX. And be it further Enacted, by the Authority aforesaid, That all Persons residing Three Months in the said Town, next before the Third Tuesday in January in every Year, shall afterwards be subject to pay Taxes in the said Town.

X. And be it further Enacted, by the Authority aforesaid, That the Constables of the said Town refusing or neglecting to walk the Streets in Turn, in Time of Divine Service, near the Place where the same shall be performed, as by Law appointed, shall each of them forfeit and pay, for every such neglect, the Sum of Twenty Shillings, Proclamation Money; to be recovered by Warrant under the Hands and Seals of the said Commissioners or the Majority of them, and the Onus Probandi shall lie on the Defendant, and the Money arising therefrom shall be paid to the Public Stock of the said Town.

XI. And be it further Enacted, by the Authority aforesaid, That the Commissioners or the Majority of them, shall, and they are hereby impowered, to pass such Orders as they may judge necessary to prevent Slaves from keeping Houses in the said Town, or any Person or Persons dealing with Slaves not having Tickets from their Masters, Mistresses, or overseers; to prevent or remove all Kinds of Nuisances whatsoever; to oblige the Inhabitants to keep a Sufficient Number of Leather Buckets, in their Houses, with their Names thereon, to be ready in Case of Fire; to erect a Fire Company, under such Regulations as they may think necessary; to prevent any Persons making Fires upon the Wharves, in the Night Time; and every other Matter and Thing, for the good Government and Safety of the said Town, consistent with the Laws of this Province; and to inforce such Orders, by laying Fines on all Persons neglecting or refusing to comply therewith; to be recovered and applied in the same Manner, and under the same Limitations, as is prescribed by the before recited Act.

XII. Provided always, That if the Offender be a Slave, then and in such Case the said Slave shall be whipped by one of the Constables of the said Town, at the discretion of the said Commissioners, or the Majority of them, not exceeding Forty Lashes, unless the Master or Mistress of such Slave shall pay the Fine.

XIII. Provided also, That it shall and may be lawful for any Person or Persons who shall think him or themselves aggrieved by the Judgment or

-------------------- page 869 --------------------
Determination of the said Commissioners, or the Majority of them, to appeal from such Judgment or Determination to the Justices of the Inferior Court of Pleas and Quarter Sessions of New Hanover County, first giving Security to prosecute such Appeal; which said Justices are hereby impowered to determine the same in a summary Way.

XIV. And be it further Enacted, by the Authority aforesaid, that where any Person shall be prosecuted for dealing or trafficking with Negroes in the said Town, not having Tickets from their Masters, Mistresses, or Overseers, such Person shall answer the Same on Oath, and on refusal, shall stand convicted; any Law to the contrary, notwithstanding.

XV. And be it further Enacted by the Authority aforesaid, That it shall and may be Lawful for the Commissioners of the said Town for the Time Being to call all Persons to account for any Monies which may be in their Hands belonging to the said Town, and to issue Warrants, under their Hands and Seals, for all Arrears which may appear to be justly due from any Person whatsoever in the said Town, under the same Limitation as is prescribed by the before recited Act.

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

CHAPTER XXI.
An Act for erecting in the Town of Hillsborough a Public Gaol, and Gaoler's House, for the District of Hillsborough in this Province.

I. Whereas the Gaol formerly erected in the Town of Hillsborough has been lately burnt, and there being no Place of sufficient Strength to secure the Felons and other Prisoners, in the said District of Hillsborough: 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, Francis Nash, Thomas Hart, Thomas Person, William Johnston, James Watson, and Aaron Evans, Esquires, shall be and are hereby constituted and appointed Trustees to design, contract for, and cause to be built, and Finished, a substantial and Sufficient Gaol and Gaoler's House, of such Dimensions and Materials, and on such Part of the Public Lot in the said Town of Hillsborough, as to them, or the Majority of them shall seem most proper; which Gaol, so erected shall be and remain the Public Gaol of the several Counties now constituting the District of Hillsborough.

III. And be it further Enacted, by the Authority aforesaid, That there shall be levied on each Taxable Person within the several Counties within the said District, to-wit, Orange County one Shilling and Four Pence, Proclamation Money, and Granville, Wake, and Chatham Counties, One Shilling like Money, annually, for the Term of Two Years next after the Passing of this Act; which said respective Taxes shall by the Sheriff of each of the said Counties for the Time Being be collected, in the same Manner and under the same Penalties, for Non-Payment thereof, as is directed by Law for the Collection of other Public Taxes; and the Monies arising therefrom shall be paid by the said Sheriffs respectively to the Trustees in this Act Named, to be by them, or the Majority of Survivors of them, as aforesaid, applied towards discharging the Contracts they shall enter into for the Buildings in this Act directed.

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IV. And be it further Enacted, by the Authority aforesaid, That if any Sheriff who shall be chargeable with any of the Taxes by this Act assessed, shall neglect or refuse to account for, and pay unto the Trustees in this Act Named, the whole Sums he shall be Chargeable with in Virtue of this Act, after deducting the Usual Commissions for Collecting, and such Insolvents as shall be allowed by the Court of his County, the said Trustees, or a Majority of the Survivors of them, shall have the same Method of Proceeding against such Sheriffs, by Motion, as is by Law given against Sheriffs for not accounting for other Public Monies by them received; and such Proceedings shall be good and Valid in Law, in any Court of Record within this Province having Cognizance thereof.

V. And be it further Enacted, by the Authority aforesaid, That the Trustees in this Act Named shall immediately proceed to the Discharge of the Trust reposed in tbem, by this Act, and shall cause the said Buildings to be finished within Two Years after the passing of this Act, at furthest; and on the Expiration of that Term, they shall lay an account, upon Oath, of their Proceedings therein, with an Account of all Monies they shall receive by Virtue hereof, and the Sums paid by them on account of the said Buildings, before the Court of each of the Counties herein Named, for their Approbation.

CHAPTER XXII.
An Act for laying out a Public Road from the Frontiers of this Province through the Counties of Mecklenburg, Rowan, Anson, and Cumberland, to Campbelton.

I. Whereas a Public Road from the Frontiers of this Province through the Counties of Mecklenburg, Rowan, Anson, and Cumberland, to Campbelton, would be of great Utility and Advantage to the Inhabitants of the Western Part of this Province, and others, and would tend much to the Advancement of Trade and Commerce:

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That John Polk, William Brooks, John Dunn, Michael Monroe, James Blythe, Archibald McAssery, and James Pickett, be, and are hereby appointed Commissioners, for laying out and establishing the said Road, and they or a Majority of them are hereby Authorized and directed as soon as conveniently may be after the Passing of this Act, to lay, Mark, stake out, or establish, or cause to be laid marked, staked out or established, a Public Road from Mecklenburg Court House, in the Town of Charlotte, from Sherrill's Ford, on the Catawba River, and from the Court House in the Town of Salisbury, respectively, the nearest and best way to the said Town of Campbelton; and the said Commissioners or a Majority of them, after having marked, staked, laid out and established the said Road, shall and are hereby impowered and directed, to make an Accurate Plan thereof; and the same to return, with an Account of their Proceedings, to the next Inferior Court of Pleas and Quarter Sessions to be thereafter respectively held for the Counties aforesaid; and the Justices of the said respective Courts are hereby directed to receive the same and are thereupon authorized and required to appoint so many overseers of the said Road within their respective Counties, as to the said Justices shall from Time to Time, appear convenient and necessary; and the said Overseers and the Inhabitants of the said Counties respectively shall open, clear, and work on the same, so to be marked, staked out, and established, as aforesaid, under the

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same regulations, and shall be liable to the same Fines and Penalties, prescribed and inflicted on Delinquents by an Act of Assembly, entitled, An Act to empower the Inferior Courts of the several Counties in this Province to order the laying out of Public Roads, 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.

III. And be it further Enacted, by the Authority aforesaid, That the said Commissioners shall be allowed and paid for their trouble and Expence in marking, staking, and laying out the said Road, the Sum of Five Shillings each per Day, out of the County Tax of their respective Counties.

CHAPTER XXIII.
An Act for empowering and appointing Francis Moseley, of Anson County, and James McKoy, of Rowan County, to collect and receive the Taxes which are due from the Inhabitants of the said Counties for the Year One Thousand Seven Hundred and Seventy.

(Printed in Private Acts, post.)

Signed by,
JOSIAH MARTIN, ESQ., Governor,
James Hasell, President.
RICHARD CASWELL, Speaker.