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Acts of the North Carolina General Assembly, 1773
North Carolina. General Assembly
January 25, 1773 - March 06, 1773
Volume 23, Pages 872-930

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LAWS OF NORTH CAROLINA, 1773.

At an Assembly began and held at New Bern, the Twenty Fifth Day of January, in the Thirteenth 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 Three: Being the First Session of this Assembly. Josiah Martin, Esq., Governor.

CHAPTER I.
An Act for dividing the Province into Six several Districts, and for establishing a Superior Court of Justice in each of the said Districts; and for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province, and regulating the Proceedings therein.

I. Whereas the establishing Superior and Inferior Courts of Justice within this Province will be productive of ease and Convenience to the Inhabitants thereof, and must necessarily tend to a due and regular Administration of Justice;

II. Be it therefore Enacted, by the Governor, Council and Assembly, and by the Authority of the same, That from and after the passing of this Act, this Province be, and stand divided in Six several Districts; that is to say, The Wilmington, New Bern, Edenton, Halifax, Hillsborough, and Salisbury Districts; in each of which a Court for the Tryal of Causes, Civil, and Criminal, shall be established, by the Name of the Superior Court of Justice for that District in which the same shall be held; which Courts shall consist of the Chief Justice for the Time being, and Two Associate Justices, Men of ability and learned in the Law, whom the Governor or Commander in Chief for the Time being shall constitute and appoint, who shall have Cognizance and legal Jurisdiction of all Suits and Pleas real, Personal, and mixt; and also all Suits and Matters relative to legacies, filial Portions, Estates of Intestates, all Pleas of the Crown, of what Nature, Degree or Denomination whatsoever, whether brought before them by Criminal or Mesne Process, or by Writ of Error, or Appeal from any Inferior Court, or by any other Means or Process whatsoever; and they are hereby declared to have full Power and Authority to give Judgment therein, and to award Execution, and all necessary Process thereupon; and shall have, Use, exercise and enjoy, the same Powers and Authorities, Rights, Privileges, and Pre-eminences, as are had, Used, exercised and enjoyed, by the Chief Justice or any of his Majesty's Justices of the Courts of Westminster in England: And in Case of the Death or Absence of the Chief Justice, or either of the other Justices it shall and it may be lawful for one or more of the said Justices, by himself or themselves, to hold any of the said Courts, and to take Cognizance of all Matters in the same depending, and give Judgment and award execution, in the same Manner as might have been done in Case the Chief Justice, and the Two other Justices, had been all present in Court.

III. And be it further Enacted, by the Authority aforesaid, That the Chief Justice, or either of the Associate Justices, may, as well within Courts as without, take the Probate or Acknowledgment of Deeds, or Letters of Attorney, and the Private Examination of Feme Coverts, as hath heretofore

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been done by the Chief Justice in the like Cases; and such Associate Justice is hereby Authorized, to take and receive the same Fees and Perquisites, as the Chief Justice is entitled to for the like Services; which Proof shall be deemed equally good and valid in Law, as if taken in any Court of Record; any Law or Usage to the contrary notwithstanding.

IV. And for the Safety of Suitors, and to prevent Irregularities in making up the Records of the Courts; Be it Enacted by the Authority aforesaid, That the Chief Justice be, and is hereby impowered to appoint experienced and discreet Clerks of the Superior Courts, who shall each of them give Bond, with Good and Sufficient Security, to our Soverign Lord the King, his Heirs and Successors, in the Penalty of Two Thousand Pounds Sterling, for the safe keeping the Records, and faithful Discharge of his Duty in his Office; and also, shall take the Oaths by Law appointed for the Qualification of Public Officers, repeat and subscribe the Test, and also take an Oath, honestly and truly to demean himself in office during his Continuance therein; and likewise the following Oath, to-wit:

I, A. B. do swear, that by myself, or any other Person, I neither have, nor will give to any Person whatsoever, any gratuity, Gift, Fee, or Reward, in Consideration of my Appointment to the Office of the Clerk of the Superior Court for the District of —

Which said Bond shall be lodged in the Secretary's Office; and in Case of a Breach of the Condition thereof, may be put in Suit for the Benefit of, and at the Proper Costs and Charges of the Party or Parties injured, and shall not become Void upon the first Recovery, or if Judgment shall be given against the King; but may from Time to Time, be put in suit by Action of Debt, or Scire Facias, until the whole Penalty shall be recovered; and when any Judgment shall be obtained upon such Bond, the Damages assessed shall by Order of the Court, be paid to the Person or Persons Injured.

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

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

I, A. B., do swear, that I will well and truly serve our Sovereign Lord the King and his People, in the Office of Chief Justice, or Associate Justice (as the Case may be) of the Superior Courts of Justice of the Province of North Carolina; and I will not counsel or assent to any thing that may tend to the disinheriting the King: I will do equal Law and Rights to all the Kings's Subjects Rich and Poor, without having regard to any Person: I will not willingly nor wittingly take by myself or any other Person, any Gift or Reward whatsoever, for any Matter or Thing by me to be done by Virtue of my Office, except the Fees and Salary by Law appointed: I will not maintain by myself, or any other, private or openly, any Plea or Quarrel hanging in any of the King's Courts: I will not delay any Person of Common Right for the Letter of the King, or any other Person, to me directed, for any Cause: and in Case any Letters come to me contrary to Law, I will do nothing for such Letters, but will proceed to do the law, the Letters not withstanding: And finally in all Things belonging to my

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said Office, during my Continuance therein, I will faithfully, truly, and justly, according to the best of my skill and Judgment, do equal and impartial Justice. So help me God.

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

III. And be it further Enacted, by the Authority aforesaid, That the Superior Courts of Justice shall be annually held for the several Districts in this Province at the following Times and Places, that is to say, for the District of Salisbury, in the Town of Salisbury, for the Counties of Rowan, Mecklenburg, Tryon, Anson, Surry, and Guilford, on the Fifth Day of March and September. For the District of Hillsborough, in the Town of Hillsborough, for the Counties of Orange, Granville, Wake, and Chatham, on the Twenty Second Day of March and September. For the District of Halifax, in the Town of Halifax, for the Counties of Halifax, Northampton, Edgcomb, and Bute, on the Eighth Day of April and October. For the District of Edenton, in the Town of Edenton for the Counties of Chowan, Perquimans, Pasquotank, Currituck, Bertie, Tyrrel, and Hertford, on the Twenty Fifth Day of April and October. For the District of New Bern, in the Town of New Bern, for the Counties of Craven, Carteret, Beaufort, Johnston, Hyde, Dobbs, and Pitt, on the eleventh Day of May and November. For the District of Wilmington, in the Town of Wilmington, for the Counties of New Hanover, Onslow, Bladen, Duplin, Cumberland, and Brunswick, on the Twenty Seventh Day of May and November. And each Term shall continue Ten natural Days, exclusive of Sundays, by Adjournment de Die in diem, if the Business shall require so long a Time, otherwise may be sooner determined.

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

IX. And be it further Enacted, by the Authority aforesaid, That all real Actions, Ejectments, Actions of Trespass, Quare Clausum Fregit, Suits on Penal Statutes, and Pleas of the Crown, shall be commenced in the Superior Court of the District, wherein the Cause of Actions shall have arisen, or the Offence shall have been committed, and not in any other District; and all Actions of Debt, other than on Penal Statutes, all Actions of Detinue, Replevin, Actions of Account Render, Actions of Trespass, Assault and Battery, and for the Unlawful taking of Goods, all Actions upon the Case, and Suits for legacies, or for the Distributive Shares of Intestates Estates, when the Plaintiff and Defendant shall reside in the same District, shall be brought to the Court of that District where both parties shall reside; and when the Plaintiff and Defendant shall reside in different Districts, shall be brought to the District in which such Plaintiff shall reside; and where the Plaintiff shall reside in another Province, shall be brought to the District where the Defendant shall reside in this Province; and where any Action or Suit shall be brought to the Court of any other District than as herein directed, such Action or Suit may be abated by the Plea of the Defendant.

X. And be it further Enacted, by the Authority aforesaid, That no suit shall be originally commenced or prosecuted in any of the said Superior Courts for any Debt or Demand of less value than Fifty Pounds, Proclamation

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Money, where the Plaintiff and Defendant shall live in the same District, or less than Twenty Five Pounds like money, where the Plaintiff and Defendant shall not live in the same District; and if any Suit shall be commenced in any of the said Superior Courts, contrary to the True Intent and Meaning hereof, or if any Plaintiff shall demand a greater Sum on Purpose to evade this Act, in either Case the Plaintiff shall be non-suited and pay Costs.

XI. And be it further Enacted, by the Authority aforesaid, That the said Courts shall not be discontinued, or any of the Proceedings therein depending, by Reason of the Death of the Chief Justice or any of the Associates, or any Let or Hinderance of their not attending at any Term; but in such Case, all Pleas, Causes, Matters, and Things, therein depending, shall stand continued in the same Condition in which they then shall be, to the next succeeding Term.

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

XIII. And be it further Enacted, by the Authority aforesaid, That until the Commencement of the First Term of each of the said Superior Courts, Writs and other Process may bear test at the time of issueing the same, and such Writs and Process so tested before such Term shall be valid in Law; any Usage or Practice of Court, to the contrary, notwithstanding.

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

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

XVI. And be it further Enacted, by the Authority aforesaid, That when any Writ shall Issue from any of the said Courts, whereby the Sheriff shall be commanded to take the Body of any Person or Persons, to answer in any Action in any of the said Courts, such Sheriff shall take Bond, with Two sufficient Securities, for double the sum for which such Person or Persons shall be held in arrest, except where the Defendants are executors or administrators, or sued on Penal Statutes, and shall return such Bond with the Writ; and in Case the Sheriff shall fail or neglect to take such Bail, or the Bail returned be held insufficient, on Exception taken, and entry thereof made on the Docket of the Court the Term to which such Process shall

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be returnable, the Sheriff, in either of the said Cases, shall be deemed and stand as special bail, and the Plaintiff may proceed to judgment, according to the Rules herein after mentioned.

XVII. And be it further Enacted, by the Authority aforesaid, That when any Sheriff shall return that he hath taken the Body of any Defendant, and committed him to the Prison of his County, which is hereby declared to be the proper Prison for such Commitment, for want of Bail, the Plaintiff may enter the Defendant's appearance, and he shall be at liberty to Plead, as if such Appearance had been entered by himself, and the Plaintiff may proceed to Judgment as in other Cases in this Act directed; nevertheless, the Defendant shall not be Discharged out of Custody, but by putting in Bail, or Rule of Court.

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

XIX. And be it further Enacted, by the Authority aforesaid, That when any Scire Facias, issued according to the Directions of this Act, shall be by the Proper Officer returned made known, the Bail shall plead, and the Matter be tried at the first Term to which such Process shall be returned, unless the Bail shall shew sufficient Cause to the Court to delay the same.

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

XXI. And for the better ascertaining what Process shall issue, when the Sheriff shall return that the Defendant is not to be found within his Bailiwick; Be it Enacted by the Authority aforesaid, that when the Sheriff shall make such Return in any Civil Action, the Plaintiff or Plaintiffs, at his or their Election, may sue out an Attachment against the Estate of such Defendant, or an Alias or pluries Capias, until he be arrested, returnable as herein before mentioned for the Return of the Original Process: And if the Sheriff shall return any Goods by him attached, and the Defendant shall fail to plead within the Time herein directed, the Plaintiff shall be entitled, if in an Action of Debt, to final Judgment, and if in an Action on the Case, to a Judgment by Default, and a Writ of Enquiry of Damages to be executed at the next Court, and the goods so attached, if not replevied or sold according to the direction herein after mentioned, for Goods attached on original Attachments shall remain in the Custody of the Sheriff until

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such Judgment obtained, and then to be disposed of in the same Manner as Goods taken in Execution on a Writ of Fieri Facias; and if the Judgment shall not be satisfied by the Goods attached, the Plaintiff may have Execution for the Residue.

XXII. And be it further Enacted, by the Authority aforesaid, That in case any Plaintiff shall obtain Judgment final in an Action of Debt at the First Court to which the Writ or Process is returnable, That it shall be Lawful for him to execute his Enquiry as to the Value of the Currency or Money upon which such Judgment is founded, at the Term in which such Judgment shall be entered or obtained.

XXIII. And be it further Enacted, by the Authority aforesaid, That it shall be lawful for the Chief Justice, or the Justices of the Superior Courts, or any Justice of the Inferior Courts, upon Complaint made by any Person, his Attorney or Agent, on Oath, that his Debtor has removed, or is removing himself out of the County privately, or absconds or conceals himself so that the ordinary Process of Law cannot be served upon him, and also further swear to the amount of his or her Debt, to the best of his or her Knowledge shall thereupon grant an Attachment against the Estate of such Debtor, where ever the same may be found, or in the Hands of any Person or Persons indebted to, or having any of the Effects of the Party absconding, or so much thereof as shall be of Value sufficient to satisfy the Debt and Cost of such complaint; which Attachment shall be returned to the Court where the debt or matter is cognizable, and such attachment shall be deemed the leading Process on such Action, and the same Proceedings shall be had thereon as on an Attachment on a Return of Non est Inventus by the Sheriff.

XXIV. Provided always, that every such Justice, before granting such Attachment, shall take Bond and Security of the Party for whom the same shall be issued, in double the sum to be attached for, payable to the Defendant, for satisfying and paying all costs which shall be awarded to the said Defendant, in Case the Plaintiff suing out such Attachment should be cast in his Suit, and also all Damages which shall be recovered against the said Plaintiff in any Suit or Suits which may be brought against him for suing out the said Attachment, and for all Damages wrongfully suffered by the Person against whom such Attachment was prayed, by Reason of the Plaintiff's wrongfully suing out the same; which Bond shall be returned to the Court to which the Attachment is returnable, by the Justice who shall grant the same; and every attachment issuing without such Bond taken, and returned as aforesaid, and Oath made as aforementioned, is hereby declared Void, and shall be abated, on the Plea of the Defendant.

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

XXVI. And be it further Enacted, by the Authority aforesaid, That when any Goods or other Estate, shall be attached by Virtue of an Attachment, whether Judicial or Original, it shall and may be lawful for such Person or Persons, his, her, or their Attorney, to replevy the same, by giving Bond, with good Security, to the Sheriff, or other Officer serving the said Attachment (which Bond the Sheriff, or other Officer is hereby impowered

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and required to take) to appear at the Court to which such Attachment is returnable, and to abide by, perform, and satisfy the Order and Judgment of such Court, and when the Estate attached shall by Three Justices of the Inferior Court of the said County, to be summoned by the Sheriff for that Purpose, be certified on Oath, to be Perishable, if the Person or Persons to whom it belongs shall not, within Sixty Days after the serving such Attachment, replevy the same, then such Estate shall be sold at Public Vendue, by the Sheriff or other Officer serving such Attachment, having first advertised such Sale at the Court House, and other Public Places in his County, at least Ten Days before the Sale; and the Money arising by such Sale shall be liable to the Judgment obtained upon such Attachment, or to be deposited in the Hands of the Clerk of the said Court to which such Process is returnable, then to wait the event of the Judgment upon such Attachment; and where the Sheriff or other Officer shall serve an Attachment in the Hands of any Person or Persons indebted to, or having any of the Effects of the Party absconding, he shall at the same time Summons such Garnishee or Garnishees to appear at the Court to which the Attachment is returnable, within the First Four Days thereof, there to answer upon Oath, what he or she is indebted to such Party, and what Effects of such Party he or she hath in his or her hands, and had at the time of serving such Attachment; and where any Attachment shall be returned served in the Hands of the Garnishee, in Manner aforesaid, it shall be lawful, upon his or her Appearance and Examination, and in Manner afore mentioned, to enter up Judgment, and award Execution against every such Garnishee or Garnishees, for all Sums of Money due from him, her, or them, to the Person absconding, in his, her, or their Custody or Possession, for the Use of the Party obtaining such Attachment, or so much thereof as shall be of value sufficient to satisfy the said Debt, and Costs of Complaint; and all Goods and Effects whatsoever in the Hands of any Garnishee or Garnishees, belonging to such absconding Person, shall be liable to satisfy such Judgment; and where any Garnishee shall be returned by the Sheriff or other Officer, summoned in Manner aforesaid, and shall fail to appear and discover, on Oath, in Manner by this Act directed, it shall be lawful, and the Court is hereby authorized to enter a Conditional Judgment against such Garnishee, and upon such Judgment so entered shall issue a Scire Facias against the said Garnishee, to shew Cause, if any he hath, at the next Superior Court, why Judgment final should not be entered against him; and upon such Scire Facias being duly executed and made known, such Garnishee shall fail to appear at the next Court, and discover on Oath, in Manner aforesaid, the Court shall, and are hereby required, to confirm such Judgment, and award Execution for the Plaintiff's whole Debt or Damages, and Costs.

XXVII. And whereas Divers Persons, possessed of Lands, Tenements, and Hereditaments, within this Province, have contracted, or who may contract debts with Merchants and others, or have Committed, or may commit Torts or Injuries to Persons therein, and reside out of the Province, without having Personal Estate within the same to satisfy such Debts or Damages: For Remedy whereof. Be it Enacted by the Authority aforesaid, That the Party Plaintiff, his Attorney, Agent or Factor, shall sue out a Judicial attachment from the Court to which such Original Attachment was returnable; and the Sheriff or other proper Officer, shall serve such Attachment upon the Lands and Tenements, and Hereditaments of such Debtor, and shall at the Court House and Church, or Chapel, of the County where such Lands, Tenements, and Hereditaments lie, Twenty Days at least before the returning

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such last mentioned Attachment, give Notice in Writing, as follows, to-wit:

On the —— Day of —— A. D., 17—, I attached —— — Lands, the Property of —— —— at the Suit of —— — upon a Process returnable to —— — Court.

And upon such Notice given, and Proof thereof made, the Court shall grant a Judgment by Default.

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

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

North Carolina, —— County, ss.

George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, etc., To the Sheriff of —— County, Greeting: Whereas A. B. or F. G. Attorney, Agent, or Factor (as the Case may be) hath complained on Oath to —— Justice of the —— Court, that E. F. late of your County, —— is justly indebted to him the Sum of —— or hath indamaged him to the amount of —— and Oath having been made also that the said E. F. hath removed himself privately out of your said County, or so absconds or conceals himself that the Ordinary Process of Law cannot be served on him; and hath given Bond and Security, according to the Directions of the Act of Assembly in such Case made and provided: We therefore command you that you attach the Estate of the said E. F. if to be found in your Bailiwick, or so much thereof repleviable on Security given, as shall be of Value sufficient to satisfy the said Debt or Damages, and Costs, according to the Complaint; and such Estate so attached in your Hands to secure, or so to provide that the same may be liable to further Proceedings thereupon, to be had at our next Court to be held for —— of —— at —— on the —— Day of —— next, so as to compel the said E. F. to appear and answer the above complaint of the said A. B. when and where you shall make known to our said Court how you shall have Executed this Writ.

Witness —— Esquire, Justice of our said Court, at —— the —— Day of —— in the —— Year of our Reign.

Which Attachment shall be signed by the Justice who shall grant the same, and the Bond to be given, on obtaining such Attachment, shall be in the following Form, to-wit:

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

The condition of the above Obligation is such, That whereas the above bounded A. B. hath, the Day of the Date of these Presents, prayed an Attachment against the Estate of the above Named E. F. for the Sum of —— and hath obtained the same, returnable to the next —— Court, to be held at —— on the —— Day of —— next ——. Now if the

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said A. B. shall prosecute his said Suit with Effect, or in Case he be cast therein, shall Well and truly Pay and Satisfy to the said E. F. all such Costs and Damages as shall be awarded and recovered against the said A. B. by the said E. F. in any Suit or Suits which may be hereafter brought by the said E. F. against the said A. B. for wrongfully suing out the said Attachment; then the above Obligation to be void, otherwise to remain in Full Force and Virtue.

XXX. Provided nevertheless, That no attachment shall be abated for want of Form, so that the Essential Matters expressed in the foregoing Form be set forth in such Attachment.

XXXI. And be it further Enacted, That in all Cases of Original and Judicial Attachments against Persons residing in Europe, the Courts to which the same is brought shall continue the Suit Twelve Months; and if the Defendant put in Bail, appear, and plead within that time, that in such Case his Estate may be liberated, and the Garnishee discharged.

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

That the Plaintiff shall file his Declaration in the Clerk's Office on or before the second Day of the Term to which his Suit is brought, and serve the Defendant with a Copy at least Five Days before the Commencement of such Term, otherwise the Action may be abated on the Plea of the Defendant. That the Defendant shall appear and plead, or demur, within the First Three Days of the Term to which the Writ is returnable, otherwise the Plaintiff may have Judgment by Default, in which Case Judgment shall be final, unless where Damages are suggested on the Roll; and in that Case, and in all others, except as heretofore provided, where the Recovery shall be in Damages, a Writ of Enquiry shall be executed at the next Term; provided, that where the Nature of the Action requires special Pleading, the Time for Pleadings may be Enlarged by the Court. That where the Defendant pleads specially, the Plaintiff shall reply or demur in Three Days, or a Non Pros may be entered by the Defendant; and if the Plaintiff replies, and in his Replication tenders an Issue, the Defendant shall join Issue or Demur in Three Days, or the Plaintiff may have Judgment; and where the Defendant rejoins to the Plaintiff's Replication, he shall file his Rejoinder within Three Days, or Judgment shall go against him, unless the Time for Pleading shall be enlarged as aforesaid; and the same time shall be given, and Rules observed, through the whole Course of Pleadings.

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

That for the more entire and Better Preservation of the Records of the Courts, when any Cause is finally Determined, the Clerk shall enter all the Proceedings therein, and other Matters relating thereto, in a Book well bound, and an Entire and Perfect Record made thereof.

That all Jury Causes be first tried.

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

That arguments on Writs of Error, special Verdicts, Cases agreed, Demurrers, Petitions for legacies, and Distributions of Intestates Estates, shall be heard within the Four last Days of the Term.

That no Plea in abatement shall be received in any of the said Courts,

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unless the Party offering the same shall by affidavit, or otherwise, prove the Truth of such Plea.

That where a Plea in abatement shall be pleaded, and upon Argument the same shall be adjudged insufficient, the Plaintiff or Plaintiffs shall recover against the defendant full Costs to the Time of over Ruling such Plea, including the Costs of that Court, a Lawyer's Fee only excepted; and the Plaintiff in Replevin, or Defendant in any other Action, may plead as many several Matters as may be necessary for his Defence, so as he be not admitted to plead and demur to the whole.

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

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

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

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

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

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

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

XXXVIII. Provided always, That if sufficient Cause be shewn by the Person so summoned, or for whom such Copies shall be so left, and failing to appear, of his or her incapacity to attend at the time he or she ought to have appeared, then no forfeiture or Penalty shall be incurred by such Failure; but if sufficient Cause be not shown at the next succeeding Term after

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such Failure, on Notice Given, it shall and may be lawful for the Court on Motion, to grant Judgment for the Forfeiture before mentioned, against the Person or Persons, so summoned, and failing to appear as aforesaid.

XXXIX. And be it further Enacted, by the Authority aforesaid, That every Witness being summoned to appear in any of the said Courts in Manner as before directed, who by Sickness, Age, in Gaol, or any other Cause, shall be incapable of attending Court to give Evidence, or shall reside out of the Province, on Oath made thereof, or the Truth of the same otherwise sufficiently appearing, the Judge or Justices of the Court wherein the Suit is depending, shall and may, by Commission, as from Time to Time may be necessary, impower such and so many Persons as they shall think necessary, to take and receive the Depositions of such Witness; which upon being duly returned, shall be received as legal Evidence.

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

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

XLII. And be it further Enacted, by the Authority aforesaid, That if any Person who shall be summoned as a Witness in any of the said Courts, or before any Persons appointed to take Depositions, shall refuse to give Evidence on Oath, such Person so refusing shall be committed to the Common Gaol, there to remain without Bail or Mainprize, until he or she be willing to give Testimony, in such Manner as the Law now doth, or hereafter shall direct; provided that the people called Quakers shall have the same Liberty of giving their Testimony, by Way of solemn Affirmation, as by an Act of Parliament made in the Eighth Year of the Reign of his Majesty, King George the First, entitled, An Act for granting the People called Quakers such Terms of Affirmation or Declaration, as may remove the Difficulty which many of them lie under; and that all Negroes, Indians, Mulattoes, and all of mixed Blood, descended from Negro or Indian ancestors, to the Fourth Generation, bond or free, shall be deemed and taken to be incapable in Law to be Witnesses in any Case whatsoever, except against each other.

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

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Decree, in any Cause; and if any such shall be served or executed, the same shall, and is hereby declared to be null and void.

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

XLV. And be it further Enacted, by the Authority aforesaid, That the Clerks of the Superior Courts are impowered, and are hereby directed, to take Probate of all Evidence Tickets, upon Oath, and to certify the same.

XLVI. And be it further Enacted, by the Authority aforesaid, That the Superior Courts shall have Power and Authority to Grant, Writs of Error, for Correcting the Errors of any Inferior Court, where the same shall be necessary; and the Party praying such Writ of Error, before the same shall issue, shall assign Error, and give Bond and Security, to be approved by the Court, to abide by, perform, and fulfill the Judgment which shall be given thereon by such Court: And if upon argument of any Writ of Error, or Trial of any Appeal from any Inferior Court, the Judgment or Decree of the Inferior Court shall be reversed, the Superior Court shall grant Judgment, or make such decree thereupon, as should have been entered or made up in such inferior Court, and shall and may issue Execution thereon, without Granting a Writ of Procedendo; and to prevent the obtaining Writs of Error by surprise, the party praying such Writ in Civil Cause, shall give notice to the adverse Party of his Moving for such Writ, at least Ten Days before such Motion; and no such Writ shall be granted without an affidavit of such Notice.

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

XLVIII. And be it further Enacted, by the Authority aforesaid, That all Causes, Actions, Writs, Suits, Attachments, Plaints, Process, Recognizances, Indictments, and Presentments whatsoever, that are or shall be depending in any of the late Superior Courts of Justice within this Province, or such as shall be returnable to, or had, or shall have Day or Days, in any of the said Late Courts, or other Matters or Things in Them depending, and not fully determined, shall be transferred and put on the Dockets of the respective Courts hereby established, in the same Order they shall then stand in the dockets of the said late Superior Courts respectively; and shall be proceeded in by the said Superior Courts hereby established, according to the Method by this Act directed, as if the same had originally been commenced

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in any of the same, due Regard being had that such Courts take Cognizance of such Suits, Matters and Things, the Cause or Causes whereof arose, or is suggested to have arisen, within their respective Districts.

XLIX. And be it further Enacted, by the Authority aforesaid, That in all Cases, wherein by any Act of Assembly heretofore Made, Action is given, or Recovery directed to be had, in any of the late Superior Courts within this Colony, in every such Case, after the passing of this Act, suit may be brought for the same Cause of Action, and Recovery had in the Superior Courts hereby established, and Judgment and Execution shall be entered, as in other Cases by this Act directed.

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

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

LII. And whereas many of the Prisons within this Province are insufficient for the retention of Persons who may commit Capital and other Offences against his Majesty, his Peace and Government; therefore, for the Speedy Trial of such Offenders, Be it Enacted by the Authority aforesaid, That the Governor, or Commander in Chief for the Time Being, so often as he shall find it necessary, is hereby impowered and authorized to issue a Commission of Oyer and Terminer and General Gaol Delivery; under the great Seal of the Province, directed to the Chief Justice and his Associates, or either of them, for the Trial of any such Offenders; and the said Justices so commissioned, or either of them, after Receipt thereof, are hereby impowered to hold a Court, within the Time limited by such Commission, for the Trial of every such Offender; and to hear and determine all Crimes and Misdemeanors, of what Nature or Kind soever, wherewith such Offender or Offenders is or shall stand Charged, and give Judgment, and award Execution thereon.

LIII. And be it further Enacted by the Authority aforesaid, That his Excellency the Governor, or Commander in Chief for the Time Being, shall by Commission constitute Justices of the Peace for the several Counties in this Province, and in such Commission shall for each County nominate and appoint not more than Seven, nor less than Five of the Quorum; which Justices shall be stiled of the Quorum in such Commission, and shall be Inhabitants of the County to which they shall be so appointed.

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LIV. And be it further Enacted, by the Authority aforesaid, That such Justices of the Quorum, together with others named in the Commission, shall be Judges of the Inferior Courts of Pleas and Quarter Sessions, and have all the Powers incident to such Jurisdiction. Provided always, That of the Justices sitting on the Bench, there shall be a greater Number of the Quorum; than of the other Justices not of the quorum; which Courts shall be called Inferior Courts of Pleas and Quarter Sessions, and taken and held to be Courts of Record.

LV. And be it further Enacted, by the Authority aforesaid, That every Person nominated and appointed a Justice of any Inferior Court, before his entering upon and executing the said Office, shall publicly in the Court House of his County, on a Court Day, take the Oaths appointed, or which shall be appointed to be taken by Act of Parliament, for the Qualification of Public Officers, repeat and subscribe the Test; and shall also take the following Oath, to-wit:

I, A. B., do swear, That as a Justice of the Peace in the County of —— —in all Articles in the Commission to me directed, I will do equal Right and Justice to the Poor and to the Rich, after my cunning, Wit and Power, and According to Law; and I will not be of Council in any Quarrel hanging before me; I will not let for Gift or other Cause, but well and truly I will do my Office of a Justice of the Peace, as well within the Inferior Court of Pleas and Quarter Sessions of the said County as without; and I will not take any Fee, Gift, or Gratuity, for any Thing to be Done by Virtue of my Office; and I will not direct, or cause to be directed, any Warrant by me to be made to the Parties, but I will direct them to the Sheriff or Constable of the County, or other the King's Officers or Ministers, or other Indifferent Person, to do Execution thereof. So Help Me God.

And if any Person whatsoever shall presume to execute the Office of a Justice of any Inferior Court, without first qualifying himself in the Manner by this Act before required, he shall for every such Offence, forfeit and pay One Hundred Pounds, Proclamation Money; one Moiety to his Majesty, his Heirs and Successors, towards the Support of this Government, and the other Moiety to the Informer; to be recovered with Costs, by Action of Debt, in any Court wherein the same is Cognizable.

LVI. And be it further Enacted, by the Authority aforesaid, That the said Inferior Courts of Pleas and Quarter Sessions shall be constantly held upon the Days following, to-wit, Dobbs and New Hanover, on the first Tuesdays in January, April, July and October. Onslow and Anson, on the Second Tuesdays in January, April and July, and October. Perquimans, on the Third Monday in January, April, July and October. Duplin and Mecklenburg, on the Third Tuesday in January, April, and July and October. Cumberland, Pitt and Tryon, on the Fourth Tuesdays in January, April, July, and October. Bute on the last Tuesdays in January, April, July and October. Granville, Bladen, and Rowan, on the First Tuesdays in February, May, August and November. Chatham and Surry, on the Second Tuesdays in February, May, August, and November. Johnston, Guilford, and Hertford, on the third Tuesdays in February, May, August and November. Edgecomb, Orange and Tyrrell, on the Fourth Tuesdays in February, May, August, and November. Northampton, Wake, Currituck, and Hyde, on the First Tuesdays in March, June, September and December. Craven, Halifax, and Pasquotank, on the second Tuesdays in March, June, September and December. Carteret, Chowan, and Brunswick, on the Third Tuesdays in March, June, September, and December. Beaufort and Bertie, on the Fourth Tuesdays in March, June, September, and December, in each Year.

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LVII. Provided nevertheless, That if the Business of any of the said Courts cannot be determined on the Court Day, the Justices may adjourn from Day to Day, not exceeding Five Days; at the End of which Time, if the Causes and Matters depending before them shall not be finally determined, or otherwise continued in the Manner hereinafter directed, the same shall be continued to the next succeeding Court.

LVIII. Provided also, That if through Sickness, or other Inability, or Badness of Weather, or other Accidents, it shall so happen that a sufficient Number of Justices shall not meet for holding the said Courts on the Days hereinbefore appointed, in such Case, it shall and may be Lawful for any One Justice to adjourn the Court whereof he shall be a Member, from Day to Day, not exceeding Three Days, until a sufficient Number of Justices can attend to hold Court.

LIX. And be it further Enacted, by the Authority aforesaid, That none of the said Courts, or Process in any of them depending, shall be discontinued for or by Reason of the Justices failing to hold Court upon the Day by Law appointed, or of any alteration of any of the said Days appointed for holding the said Courts; but in every such Case, all such Process, Matters, and Things depending, shall stand continued, and all Appearances upon Returns of Process, shall be made to the next succeeding Court in Course, in the same Manner as if such succeeding Court had been the same Court to which such Process stood continued, or such Returns or Appearances had been made; and all Recognizances, Bonds, and Obligations for Appearances, and all Returns, shall be of the same Force and Validity for the Appearance of any Person or Persons at such Succeeding Court, and all summons for Witnesses as Effectual, as if the next succeeding Court had been expressly mentioned therein.

LX. And be it further Enacted, by the Authority aforesaid, That the Justices of the said Inferior Courts of Pleas and Quarter Sessions, or any Three of them, Two whereof to be of the Quorum, shall and may take Cognizance of, and are hereby declared to have full Power, Authority, and Jurisdiction, to hear and determine all Causes whatsoever at the common Law within their respective Counties, where the Debt, Damages, and Cause of Action, is above Five Pounds, Proclamation Money, and shall not exceed Fifty Pounds, like Money (Actions of Trespass, in Ejectment Formedon, in Descender, Remainder, and Reverter, Perjury and Felony, and such criminal Causes where the Judgment, upon Conviction, shall be for the Loss of Life or Member excepted) and all Petit Larcenies, Assaults, Batteries, and Trespasses (other than such Trespasses wherein the Title of the Freehold shall or may come in Question) Breaches of the Peace, and other Misdemeanors of what kind soever of an Inferior Nature, and all filial Portions and Legacies, and Distributions of Intestates' Estates, and other Matters thereto relating, for any Sum or Sums not exceeding Fifty Pounds, Proclamation Money; and the said Justices of the Peace, and every of them, at all Times during their Continuance in their Office, as well within their Inferior Court of Pleas and Quarter Sessions as without, shall have full Power and Authority, as amply and as fully, to all Intents and Purposes, as the Justices of the Peace in the Counties of England, to preserve, maintain, and keep the Peace within their respective Counties.

LXI. And be it further Enacted by the Authority aforesaid, That the said Inferior Courts respectively shall and may, by summons or other legal Process, upon Application made to them, compell any Person or Persons whatsoever, having in their Possession any Will or Testament of any deceased Person, to exhibit the same to the Court, in order to a Legal Probation

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thereof, and also to receive the Probate of Wills, and order the same to be recorded, and make Orders for issueing Letters testamentary and Letters of Administration; and the Clerk shall and may take Two Shillings and Eight Pence for recording each Will.

LXII. Provided always, That any Person who hath a Right to execute a Will, or to administer the Estate of any Intestate, who shall think himself injured by such Order, may enter a Caveat in the Court wherein such Order shall be made, against the Person obtaining the same; and the Secretary and his Deputy, shall forbear to seal and countersign Letters Testamentary or of Administration till the matter in controversy shall be reheard and determined before the Governor, or Commander in Chief for the Time Being, and Council.

LXIII. And be it further Enacted by the Authority aforesaid, That every Person nominated and appointed Clerk of any Inferior Court, before his entering upon and executing the said Office, shall take the Oaths by Law appointed for the Qualification of Public Officers, repeat and subscribe the Test, and also take the following Oath, to-wit:

I, A. B., do swear, That I will well and truly execute the Office of Clerk of the Inferior Court of Pleas and Quarter Sessions for the County of —— ——according to the best of my Skill and Ability. So help me God.

LXIV. And for the better Preservation of Wills, Be it further Enacted by the Authority aforesaid, That all Original Wills shall remain in the Clerk's Office, among the Records of the respective Counties where they shall be proved; whereunto any Person may have recourse as to the other Records, except for the Time the same shall or may be removed before any other Court, upon the Determination of any Controversy.

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

LXVI. And be it further Enacted, by the Authority aforesaid, That the Attorney General is hereby authorized and required to appoint a Deputy in each County within this Province, which said Deputy shall and may prosecute all Matters Cognizable in the Inferior Court of Pleas and Quarter Sessions for and in Behalf of his Majesty, and shall take and receive Thirteen Shillings and Four Pence, Proclamation Money, on each and every Bill of Indictment found, or Presentment made, in the said Court, in which he or his Deputy shall be.

LXVII. And be it further Enacted, by the Authority aforesaid, That the said Inferior Courts of Pleas and Quarter Sessions respectively shall, and they are hereby authorized and impowered, annually, between the First Day of May, and the First Day of November, to assess and lay such a Tax on the Taxable Persons in their respective Counties, as shall be sufficient to defray the contingent Charges of the same; which Tax shall be collected by the Sheriff, and paid and accounted for in the same Manner as Public and Parish Taxes are, or shall be by Law directed, and by him accounted for and paid to the Court, or their Order.

LXVIII. And whereas it often becomes expedient that Court Houses and Gaols should be rebuilt or repaired, and it being in Doubt whether the Justices

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of the said Inferior Courts have any Power to rebuild or repair such Court House or Gaol; Be it therefore Enacted by the Authority aforesaid, That from and after the passing of this Act, the Justices of the several and respective Courts in this Province have full Power and Authority, from Time to Time, as Occasion shall require, to agree and contract with Workmen, or other proper Persons, to rebuild at the same Place, or repair, any Court House or Gaol as aforesaid; and the said Justices shall have full Power and Authority to lay a Reasonable Tax on each Taxable Person in their respective Counties, for defraying and paying the Charges and expences thereof; provided, that there shall not be less than Five Justices on the Bench, Three whereof to be of the Quorum, at the Time of passing such Order, for Building or repairing as aforesaid: And all Debts and Demands of Five Pounds, Proclamation Money, or under, are hereby declared to be Cognizable and determinable by any One Justice of the Peace, who may give Judgment, and thereupon award Execution, against the Goods and Chattels, or Body of the Debtor, or Party against whom such Judgment shall be given; which shall be executed and returned by the Sheriff or Constable, to whom directed, in the same Manner as other Writs of Fieri Facias, or Capias ad Satisfaciendum, are to be executed and returned.

LXIX. Provided nevertheless, That if either of the Parties shall be dissatisfied with the Judgment given by such Justice, he may appeal to the next Inferior Court of Pleas and Quarter Sessions, first giving Security for Prosecuting such Appeal with Effect; which Cause shall be tried, and finally determined, the same Court, without any further Process, in the same Manner as Causes are there tried, brought by Original Process; and Judgment shall thereupon be given, and the Party Cast shall pay the Cost of all Proceedings had thereon, to be taxed by the Court.

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

LXXI. And be it further Enacted, by the Authority aforesaid, That it shall and may be Lawful for any Creditor, where his Debt or Demand doth not exceed Five Pounds, Proclamation Money, to go before any Justice of the Peace, and make Oath how much is justly due to him, and that he has grounds to suspect that his Debtor hath, or intends to remove himself and Effects privately out of the County, or so abscond that Process cannot be served upon him; and thereupon such Justice, having first taken Bond and Security as in other Cases of Attachments, shall issue an Attachment against the Estate of such Debtor, returnable before any Justice of the County, directed to the Sheriff, or any Constable of the County, and by Virtue thereof, it shall be lawful for such Sheriff or Constable to pursue and attach such Effects, and make due Return of such Attachment; and the Proceedings thereon by the said Justice shall be in a Summary Way, in the same Manner as on a Warrant.

LXXII. And be it further Enacted, by the Authority aforesaid, That any Justice of the Peace shall and may have Power, and is hereby authorized, upon Complaint being Made by any Person or Persons, for any Matter or Thing, Debt or Damage, cognizable in the Inferior Courts of Pleas and Quarter Sessions of this Province, to grant an Original Attachment against the Estate of any Person absconding, or concealing, and removing himself out of the County, returnable to such Court, observing therein the Rules and Restrictions directed for granting original Attachments returnable to the Superior Courts of Justice; and all Sheriffs and other Officers, shall execute and return the same, and observe the Rules and Directions appointed to be

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observed in executing Attachments returnable to the Superior Court, and the like Judgment, Recovery, Relief, Remedy, and Proceedings, shall be had thereupon, as in the like Cases is grantable in the said Superior Courts.

LXXIII. And be it further Enacted, by the Authority aforesaid, That all original Process, by Writ, or other Manner or Means, and all subsequent Process thereupon, to bring any Person or Persons to answer to any Action, Suit, Bill, Information, or Plaint, in any Inferior Court of Pleas and Quarter Sessions (except Subpoenas to summon Evidences, which may be made returnable immediately) shall be issued and bear Test by the Clerk of every Inferior Court of Pleas and Quarter Sessions respectively, and shall be returnable on the First Day of the sitting of the Court, and shall be executed at least Five Days before the Return thereof; and if any Person issues any Writ or Process whilst such Court is sitting, or within Five Days before the Beginning of the Court, such Writ or Process shall be returnable to the Court next after that then sitting, or beginning to sit, within Five Days as aforesaid, and not otherwise; and all Writs and Process issued, made returnable, or executed in any other Manner, or at any other Time, than is hereinbefore directed, may be abated upon the Plea of the Defendant.

LXXIV. Provided always, That nothing herein contained shall extend, or be construed to invalidate or vacate any Writ, Process, Warrant, or Precept, issued by any Justice of the Inferior Courts of Pleas and Quarter Sessions, on any Criminal Prosecution, or in his Majesty's Behalf, but the same may be returnable on any Day in the sitting of the Court; and the Proceedings in all Criminal Cases shall be had according to the Laws and Statutes of Great Britain, and this Province; any Thing herein contained to the contrary, notwithstanding.

LXXV. And be it further Enacted, by the Authority aforesaid, That when any Writ or Process shall Issue to take the Body of any Person or Persons, to answer unto any Plaintiff in any Civil Action in any Inferior Court of Pleas and Quarter Sessions, the Sheriff shall return therewith a Bond, with Two sufficient Securities, for double the Sum for which the Person shall be held in Arrest (Executors, Administrators, and Persons sued on Penal Statutes, excepted) to the Clerk, on or before the First Day of every Court; and if the Sheriff shall not return Bail, or the Bail so returned shall be found insufficient, upon exception taken thereto, then and in such Case the Sheriff shall be taken and stand Bail for the Defendant, and the Plaintiff may proceed in his Suit to Judgment, according to the Rules hereafter mentioned, and on Judgment or Recovery, may take out Execution against the Defendant or Sheriff, or both; any Law, Usage, or Custom, to the contrary Notwithstanding. Provided always, That if the Defendant puts in Bail before the Time to Plead given him by the Rules hereafter mentioned is expired, then the Sheriff shall be discharged. Provided also, That the Sheriff may surrender the Defendant in Discharge of Himself, at any Time before Final Judgment obtained against the Defendant.

LXXVI. And be it further Enacted, by the Authority aforesaid, That where any Judgment or Decree shall be obtained in any Inferior Court of Pleas and Quarter Sessions, for any Debt, Damages, Portion, or Legacy, or Proportion of any Intestates' Estates, and the Person against whom such Decree shall be obtained shall remove him, or herself and Effects, or shall reside out of the Limits of the Jurisdiction of such Court, it shall be Lawful for the Clerk of the Court where Judgment was given, or Decree made, at the request of the Party for whom the same was rendered, to issue a Writ of Fieri Facias Capias, ad Satisfaciendum, or other Process, under the test hereinbefore prescribed, and to direct the same to the Sheriff, or other Officer, of any County of this

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Province, where the Defendant or Debtor, or his goods shall be found; which Sheriff or other Officer, to whom the same shall be directed, is hereby impowered and required to serve and execute the same, and shall make return thereof to the Court where the Judgment or Decree was given, in the same Manner as if such Process had issued from the Superior Court of Justice.

LXXVII. And for the better ascertaining what Process may be issued, where the Sheriff shall return that the Defendant is not to be found in his Bailiwick; It is hereby Enacted, That when any Sheriff shall make such Return, the Plaintiff or Plaintiffs, in any Civil Action, may sue an Attachment against the Estate of such Defendant, returnable as is hereinbefore directed for the Return of Original or other subsequent Process, thereupon to enforce an Appearance, or an alias or Pluries Capias, until such Defendant be arrested, at the Election of the Plaintiff or plaintiffs; and if the Sheriff shall return such Attachment executed, the Plaintiff shall file his Declaration according to the Rules of the Court, and be entitled to a Judgment.

LXXVIII. And be it further Enacted, by the Authority aforesaid, That the same Rules, Methods, and Proceedings, shall be had, kept, Used, and Observed, by the said Inferior Courts of Pleas and Quarter Sessions, and Officers, in the granting, Issueing, Executing, returning, and awarding Judgment on judicial Attachments, and the like Remedy, Recovery, and Relief, against Sheriffs and Bail, as in like Cases is provided by Law in Suits depending in the Superior Courts of Justice.

LXXIX. And for the Regular Prosecution and Determination of Suits, entering up Judgments, and Preservation of the Records, Be it therefore Enacted, by the Authority aforesaid, That the following Rules and Methods shall be observed, to-wit:

That the Plaintiff in every Suit shall file his Declaration on the First Day of the Court, or first Calling of the Cause in Court; and at the same Time serve the Defendant, or his Attorney, with a Copy thereof, if required.

That if the Plaintiff fail to file his Declaration, or appear and prosecute his Suit, the Defendant may enter a Non Pros.

That the Defendant may enter his Appearance, and file his Plea in Writing, whether general or Special, the First Court; and if he fails so to do, the Plaintiff shall have judgment, which in Actions of Debt shall be final, except where Damages are to be suggested on the Roll; in which Case, and in all others where the Plaintiff shall recover in Damages, a Writ of Enquiry shall be executed the next Court.

That the Defendant may plead as many several Matters as he shall think necessary for his Defense, so that he be not admitted to plead and demur to the Whole.

That all Issues, whether general or Special, shall be heard and tried the next Succeeding Court, unless sufficient Cause is shewn to such Court why such Causes shall be continued.

That all Causes at Issue ready for Trial be first Heard and tried.

That every Motion in Arrest of Judgment shall be argued the last Day of the same Court the Issue is tried, the Defendant's Attorney first serving the Plaintiff's Attorney with a Copy of the Reasons in Arrest of Judgment; unless, upon sufficient Reasons Shewn, and approved of by the Court, further Time shall be allowed.

That when any Special Verdict shall be found, or Demurrer to Evidence, at the Motion of either Party, Time shall be allowed to the next succeeding Court for hearing.

LXXX. And for Prevention of Delay and Vexation by dilatory Pleas, It is hereby further Enacted, That no Plea in abatement shall be received in any

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Action or Suit, unless the Truth thereof be sufficiently shewn to the Court, by Affidavit or otherwise; and in all Actions where the Declaration shall plainly set forth sufficient Matter of Substance for the Court to proceed upon the Merits of the Cause, the Suit shall not abate for want of Form, and that when any Plea in abatement shall be pleaded in any Action, and upon Argument thereof the same shall be judged insufficient, the Plaintiff or Plaintiffs in such Action shall recover against the Defendant or Defendants full Costs to the Time of overruling such Plea, including the Costs of that Court, a Lawyer's Fee only excepted.

LXXXI. And for granting Appeals from the Inferior Courts of Pleas and Quarter Sessions to the Superior Courts of Justice, and obtaining Writs of Error to the said Courts; Be it further Enacted by the Authority aforesaid, That when any Person or Persons, either Plaintiff or Defendant, shall be dissatisfied with the Judgment, Sentence, or Decree, of any Inferior Court, he may pray an Appeal from the Judgment, Sentence or Decree, of such Court, to the Superior Court of Justice of the District wherein such Inferior Court of Pleas and Quarter Sessions is held; but before obtaining the same, shall enter into Bond, with Two sufficient Securities, for prosecuting the same, and for performing the Judgment, Sentence, or Decree, that the Superior Court shall enter or make thereon, in Case such Appellant shall be cast.

LXXXII. And because it may happen that in issueing Process, carrying on the Proceedings, and rendering Judgments in the said Inferior Courts of Pleas and Quarter Sessions, there may be Error to reverse Judgments; Be it Enacted, That when any Defendant is desirous to prosecute a Writ of Error, he shall move the Inferior Court of Pleas and Quarter Sessions where such Suit is depending, to allow a Writ of Error, he first entering into Bond as aforementioned; and the Court is hereby required and impowered to allow thereof, as if such Writ of Error was then and there produced.

LXXXIII. And for carrying on and prosecuting such Appeals and Writs of Error, Be it Enacted by the Authority aforesaid, That the following Rules and Methods of Practice shall be observed, to-wit, That when any Person, either Defendant or Plaintiff, conceives he is injured by the Judgment, Sentence, or Decree, of any Inferior Court, and shall have appealed to the Superior Court, in Manner above directed, a Transcript of the Proceedings of the Inferior Court shall be filed by the Clerk of such Superior Court Fifteen Days before the sitting of the Court; and if the Trial in the Inferior Court was of an Issue to the contrary, a Trial de Novo shall be had; and if on a Hearing on a Petition for a filial Portion or Legacy, or Distribution of an Intestate's Estate, or other Matter thereto relating, a rehearing at the said Court, without Notice given by either Party; and if such Transcript of the Proceedings is not filed within the Time aforesaid with the Clerk of the Superior Court, or if the Appellant shall fail to appear and prosecute his Appeal, then the Judgment, Sentence, or Decree, of the Inferior Court, shall be affirmed, and the Appellant shall be adjudged to pay Double Costs, provided that there shall be Thirty Days between the Day of Trial or Hearing in the Inferior Court and the next Superior Court; but when it so happens that there are not Thirty Days between such Trial or Hearing and the Superior Court; such Appeal shall be continued, and a Transcript of the Proceedings transmitted to the Superior Court next after. And where any Defendant shall produce a Writ of Error, he may move the Inferior Court where the Trial is had, and enter into Bond with Security, as before mentioned; whereupon a Transcript of the Proceedings shall be filed with the Clerk of the Superior Court Fifteen Days before the Court, and the Party prosecuting such Writ

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of Error shall assign and file Error the First four Days of the Court; and in Case such Defendant shall neglect to file such Writ, and assign Error as aforesaid, or shall fail to appear and prosecute the same, then the Judgment of the Inferior Court shall be affirmed, and the Plaintiff in Error shall be adjudged to pay Double Costs; provided that there shall be Thirty Days between such Motion for obtaining a Writ of Error, and the Time of holding the Superior Court.

LXXXIV. And be it further Enacted, by the Authority aforesaid, That in every Inferior Court within this Province, when an Appeal shall be granted, or Writ of Error allowed, the Clerk of such Court shall immediately make up a full and Perfect Record of all the Proceedings in such Cause; and shall, within Ten Days after the Adjournment of the Court, give an attested Copy of such Record, with a Taxation of all costs accrued, to the Person Appealing, or to whom the Writ of Error is allowed, if required; and every Clerk neglecting to do the same, shall forfeit and pay to the Person entitled to such Attested copy, the Sum of Five Pounds, Proclamation Money; to be recovered by Action of Debt, Plaint or Information, in any Court of Record; and the said Clerk shall be further Liable to an Action on the Case, for all such Damages as such Person shall sustain for Want thereof.

LXXXV. And be it further Enacted, by the Authority aforesaid, That all Causes, Actions, Suits, Writs, Plaints, Process, Recognizances, Indictments, and Presentments whatsoever, heretofore commenced, and not yet determined, in either of the late Inferior Courts of Pleas and Quarter Sessions in this Province, or such as shall be returnable to, or had, or shall have Day or Days in any of the said Courts, or other Matters or Things in them Depending, not fully determined, after the passing of this Act, shall be transposed and carried off the Dockets of each of the said late Inferior Courts, into the Dockets of the several Courts by this Act established, in the same Order in which they shall then stand on the Dockets of the said late Inferior Courts respectively, and shall be proceeded on by the said Courts according to the Method by this Act directed, as if the same had been originally commenced therein.

LXXXVI. And be it further Enacted, by the Authority aforesaid, That all Writs and other Process, and all Suits and Proceedings whatsoever, issued, granted, or prosecuted in any of the said Late Inferior Courts, wherein judgment hath been entered or Decree made, shall and may be taken Cognizance of by the said Courts of the respective Counties by this Act established; and such Courts may respectively award Execution, or other necessary Proceedings on such Judgment or Decree, in the same Manner as if such Suit had been originally Commenced in such Court by this Law hereby established; any Law, Usage, or Custom, to the contrary, notwithstanding.

LXXXVII. Provided, That the Execution of this Act be suspended and deferred till his Majesty's Royal Will and Pleasure be Known thereupon.

CHAPTER II.
An Act for regulating the Town of Hertford, and other Purposes.

I. Whereas from many unavoidable Hindrances, it hath been Impracticable for the Proprietors of Lots in the Town of Hertford to complete the Buildings on the Lots in the said Town;

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That every Lot in the said Town, on which a House shall be erected and built, of the Dimensions mentioned in an Act of Assembly, entitled, An Act for establishing a Town on the Lands of Jonathan

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Phelps, in Perquimans County; or in another Act of Assembly, entitled, An Act for enlarging the Time allowed for saving the Lots in the Town of Hertford, and other Purposes, or in one other Act of Assembly entitled an Act to continue an Act entitled an Act for enlarging the time allowed for Saving lots in the Town of Hertford and other purposes, and to establish a Ferry from the Town of Hertford, on the West Side of Perquimans River, to Newby's Point, on the East side of the said River, within the space of Five Years next after the passing of this Act; and also every Lot therein which shall be hereafter sold or conveyed, on which such House shall be erected, within the Space of Five Years after the Date of the Conveyance executed for the same, shall and is hereby declared to be vested in the Grantee thereof, and his Heirs and Assigns, in Fee-Simple; any Thing contained to the contrary in any of the said recited Acts, notwithstanding.

III. And be it further Enacted by the Authority aforesaid, That when any Lot in the said Town shall hereafter lapse by Reason of its not being built on, the Directors and Trustees of the said Town, or the Majority of them, shall and may, and they are hereby directed and required, to sell such Lot at Public Vendue, for the best Price that can be got, and to give the Purchasers a Deed of Bargain and Sale for the Lot by him so Purchased.

IV. And whereas there are several Lots in the said Town which have never been drawn in Manner directed by Law, Be it further Enacted by the Authority aforesaid, That the Directors hereafter appointed, and each or either of them, are impowered and required to take subscriptions for the said Lots, or so many of them as shall be subscribed for within Six Months after the passing of this Act; and when the Directors have taken such Subscriptions, shall appoint a Day, and give Public Notice to the Subscribers of the Day appointed, for Drawing the said Lots, which shall be done by Ballot, in a Fair and Open Manner, by the Direction, and in the Presence of the Majority of the said Directors; and such Subscriber shall be entitled to the Lot and Lots which shall Happen to be drawn for him, and correspond with the Number and Mark contained in the Plan of the said Town: And the Directors or a Majority of them, shall execute and deliver Deeds for granting and conveying the said Lots to the Subscribers, their Heirs and Assigns, forever, and also to every other Person who shall purchase any other Lot or Lots in the said Town, at the Costs and Charges of the said Grantee to whom the said Lot or Lots shall be conveyed; and every Person claiming any Lot or Lots by Virtue of any such Conveyance, shall and may hold and enjoy the same in Fee-Simple: And if any Lot or Lots should not be subscribed for, and drawn in Manner by this Act directed, the same shall be sold at Public Vendue, by Direction of the Directors, or a Majority of them, and Deeds shall be made for such Lots to the best Bidders respectively, in the same Manner as for such Lots as may be Drawn as before directed.

V. And be it further Enacted, by the Authority aforesaid, That each respective subscriber, or Purchaser of such Lot or Lots in the said Town, shall, within One Month after it shall be ascertained to whom each of the said Lots doth belong, in Manner hereinbefore Mentioned, pay and Satisfy to the said Directors Forty Five Shillings, Proclamation Money, for each Lot; Forty Shillings of which Sum shall be paid over to the Heir at Law of the said Jonathan Phelps, deceased, in full satisfaction for the said Land, and the other Five Shillings shall be applied towards defraying the Expence of laying off and improving the said Town, as a Majority of the Directors shall think Proper: And in Order to do Justice to the Heirs at Law of the said Jonathan Phelps, for such Lots as may be sold at Vendue, there shall be paid out of the Sale of such Lots the whole amount of the Sales, if not more than Forty

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Shillings for each Lot, on an Average; and that all above that sum shall be applied by the Directors for the Benefit of the said Town, in Manner as by this Act directed: And in Case of a Refusal or Neglect of any of the Subscribers or Purchasers of Lots to pay their respective Sums, the said Directors shall and may warrant or sue the Person or Persons (according to the Dignity of the Debt) in their own Names, and therein shall recover, with Costs.

VI. And whereas the Plan of the said Town is thought to be Incorrect and uncertain; Be it Enacted, by the Authority aforesaid, That the Directors, or a Majority of them, shall have full Power and Authority to meet as often as they shall think necessary, and cause a Resurvey of the said Town, and a Plan to be made from the said Resurvey, and therein to insert a Mark or Number to each Lot, and shall give the Courses and Distance of each several Street and Lot in the said Town.

VII. Provided nevertheless, That if any House hath been built on any Street, Lot or Common, in the said Town, contrary to the Intent and Meaning of the several before recited Acts, the Proprietor of such House shall not be injured by the said Resurvey; but such House, and the ground whereon it stands, shall and is hereby declared to belong to the said Proprietor or Proprietors, his, her, or their Heirs and Assigns, any Thing in the before Recited Acts to the contrary, notwithstanding.

VIII. And whereas in the Plan of the said Town, heretofore taken, there is common Ground left between the Streets and the River, where Warehouses and Wharfs might be built, for the Benefit and Convenience of Commerce; Be it Enacted by the Authority aforesaid, That the Directors, or a Majority of them, are impowered and required to sell such Pieces of ground as may be considered the Commons of the said Town, as shall be by them judged conveniently situated for such Buildings and Improvements, at Public Vendue, to the Highest Bidder, and to make Proper Deeds and conveyances for the same; and the Money arising from such Sale, to be applied towards the Benefit of the said Town.

IX. Provided nevertheless, That when any Lot has been heretofore drawn, sold or conveyed, and is now the Property of any Person or Persons next opposite to which such Lot or Lots belong, on tendering and paying to any One or more of the Directors, within Six Months after the passing hereof, the Sum of Twenty Shillings, Proclamation Money, the Directors shall make and execute a Deed or Deeds for them, in the same Manner as is before directed, and the Money to be applied as hereinbefore directed.

X. And be it further Enacted, by the Authority aforesaid, That the Directors, or a Majority of them, shall, on Application of any Person or Persons who hath already saved, or shall hereafter save any Lot or Lots within the said Town, give such Person or Persons a Certificate of the Lot or Lots having been so saved, agreeable to Law; which shall be proved or acknowledged, and registered in the said County of Perquimans, at the proper Costs and Charges of the Person or Persons requiring such Certificate; and the said Lot or Lots shall thereafter be held, deemed, and taken, to be sufficiently saved, and shall continue to be the Property of the Grantee or Grantees thereof, his, her, or their Heirs or Assigns, forever; any Thing in this, or any of the before recited Acts, to the contrary, notwithstanding.

XI. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Inferior Court of Perquimans County, and they are hereby directed and required, within Six Months after the passing of this Act, and from Time to Time, thereafter, as Occasion may require, to appoint an Overseer to work on the Streets and Alleys of the said Town, who shall

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have equal Power and Authority, and be liable to the like Pains and Penalties, as other Overseers; and the Inhabitants of the said Town shall, at all Times hereafter, by Order of the Overseer, work on the Streets and Alleys of the said Town, in the same Manner, and under the same Penalties, as others are liable to, in and by an Act of Assembly, entitled, An Act to impower the Inferior Courts of the several Counties in this Province to order the laying out of Public Roads, and establish and settle Ferries, and to appoint where Bridges shall be built, for the Use and Ease of the Inhabitants of this Province, and to clear Navigable Rivers and Creeks: And the Overseer, and Inhabitants of the said Town, shall not be liable to work on any other Road hereafter; any Law, Usage, or Custom to the contrary, notwithstanding.

XII. And be it further Enacted, by the Authority aforesaid, That the Overseer within Six Months after his Appointment, shall Cause all Persons liable to work on the Streets and Alleys of the said Town to make a sufficient Fence from and to the Water, on each side of the said Town, in the most convenient Place, and shall hang a Gate or Gates at one or more of the most Public Streets of the said Town, as Occasion may require; and the said Overseer and Company, for the Time Being, shall, from Time to Time, and at all Times thereafter, keep the said Fence and Gates in good and sufficient Repair, under the like Fines and Forfeitures, as for neglecting to work on the Streets and Alleys of the said Town.

XIII. And be it further Enacted, by the Authority aforesaid, That no Inhabitant 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 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 whatsoever, after the first Day of January next, to shoot, kill, or otherwise destroy, such Hog or Hogs, Shoat or Pig, so running at Large in the said Town.

XIV. Provided always, That the Person or Persons killing such Hog or Hogs, Shoat or Pigs, shall not be entitled to them; but the same shall continue the Property of the Owner, who may take the same to his, her or their Use, and Benefit.

XV. And whereas several of the Directors of the said Town are Dead, whereby their Offices are become vacant; Be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act, Seth Sumner, William Skinner, Andrew Knox, Nathaniel Williams, and Thomas Harvey, be, and are hereby appointed Directors of the said Town, and may use and exercise the same Powers and Authorities, as the Directors appointed by the before recited Act could or might have exercised, used, or enjoyed, by Virtue of the same: And in Case of the Death, Refusal to Act, or Removal out of the County, of one or more of the said Directors, the surviving or other Directors, or a Majority of them, shall, and they are hereby impowered and required, to choose another Director or Directors, in the Room of him or them so dying, refusing to Act, or removing out of the County, agreeable to the Directions of the said Act.

XVI. And whereas the Court House in Perquimans County is situate in the Town of Hertford, on the West side of Perquimans River, and the Inhabitants on the East side of the said River are obliged to attend at the said Court House during the sitting of the Inferior Court, at the election of Members of Assembly and Vestrymen, General Musters, and Court Martials of the said County, and the Act of Assembly heretofore made for defraying the Expences of such Ferriage is near expiring: Be it therefore Enacted, by the

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Authority aforesaid, That the Inferior Court of the said County of Perquimans are hereby Authorized, impowered and required, at the next Court to be held after the first Day of May, Yearly, to lay a Tax not exceeding Three Pence, Proclamation Money, on each Taxable Person, in the said County, to be collected and accounted for with the Inferior Court of the said County, by the Sheriff of the said County, in the same Manner, and under the like regulations and Restrictions, as other Taxes of the said County are to be collected and accounted for, and to be by the said Court applied and appropriated as a Premium or Reward to several Ferrymen now appointed, or hereafter to be appointed by the Court of the said County, to keep a Ferry from Hertford to Newby's Point, and from Newby's Point to Hertford; for which they shall and are hereby obliged, to set over, Ferriage free, all Persons resident in the said County, going and returning from the Court or Vestry of the said County, Election of Members of Assembly and Vestrymen, Musters, and Court Martials of the said County.

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

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

XIX. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Justices of the said Court to take Bond and Security of the said Ferry Keepers, in the Sum of Twenty Pounds, Proclamation Money, for their due and Faithful Performance of the Duties enjoined by this Act; and that all Fines that shall be recovered against any Ferry Keeper in Virtue of this Act, shall be paid to the Justices of the said Court, to be by them applied towards defraying the Charges of the County; and all other Fines by this Act imposed shall be recoverable by the Directors, or a Majority of them, and applied towards the Benefit of the said Town.

CHAPTER III.
An Act to regulate and ascertain the Fees of the Clerks of the Pleas in the Superior and Inferior Courts in this Colony, directing the Method of paying the same, and for taxing Law Suits.

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

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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 Confession of Judgment, to the Clerk of the Court, Fourteen Shillings.

For every Continuance or Reference of every Cause after the second Court, 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, provided the Party insert no more than Four Witnesses in the same, Two Shillings.

For every Execution or Order of Sale, when necessary, issued and returned, including all services thereon, with Taxing 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 of Sales, or Account Current, exhibited by an Executor, Administrator, or Guardian, 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 Licence and Bond, and all necessary Services thereon, Five Shillings.

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

For Tavern Rates, Two Shillings and Six Pence.

For searching a Record out of Court, Eight Pence.

For proving or entering acknowledgement 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.

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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 or 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 of 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 Certificates thereof, 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 ex-Officio 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 Superior or Inferior 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 issueing 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 praying 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 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 Judgment,

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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 Complainant, 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 any 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. And be it further Enacted, by the Authority aforesaid, That there shall be paid to the Clerk, at the Time of Issuing any Writ, or other leading Process, by the Person suing 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.

XI. 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 the Monies received by him for the Contingent 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.

XII. Provided nevertheless, That where any Suit shall be brought by an Executor, Administrator, or Guardian, and no recovery is had on the Trial,

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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.

XIII. 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 the 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.

XIV. 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 hereinbefore mentioned; which Bonds shall be taken by their respective Courts, at the First Court after the First Day of June next, and made payable to the Governor, or Commander in Chief for the Time Being, and lodged with the Treasurer of the District where such Clerk shall reside.

XV. 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 henceforth repealed and made void.

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

CHAPTER IV.
An Act for the Relief of Insolvent Debtors, with Respect to the Imprisonment of their Persons.

I. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That if any Person or Persons now are, or hereafter shall be taken or charged on Mesne Process or Execution for any Debt, and shall have remained in Close Prison by the Space of Twenty Days, it shall and may be lawful for two Justices of the Peace, or any Two of the Judges of the Inferior, or any One of the Judges of the Superior Courts of this Province, either in or out of Court, upon Petition or Petitions of such Prisoner, under his or their Hands and Seals, whereof Notice shall be given to the Person or Persons, his or their Executors, Administrators, Attornies, or Agents at whose Suit such Prisoner or Prisoners shall be imprisoned, to require the Sheriff, Gaoler, or Keeper of any Prison, within their respective Jurisdictions, to bring before such Justices of the Peace, Judges of the Inferior Court of Pleas and Quarter Sessions, or Judge of the Superior Court, issueing such Warrant, either in or out of Court, the Body of any Person being in Prison as aforesaid, together with a list of the several Writs, mesne Processes, and Executions, with which he, she, or they, is or are charged

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in the several Gaols as aforesaid; which Warrant every such Sheriff, Gaoler, or Keeper, is hereby commanded to obey: And such Prisoner or Prisoners coming before the said Justices or Judges, (the Creditor or Creditors, if resident in this Province, at whose Suit he is Confined, being first personally summoned, according to the Directions of this Act) if he, she, or they, have no visible Estate, real or Personal, and shall make Oath before the said Justices of the Peace, or Judges of the Inferior Court, or Judge of the Superior Court respectively, issueing such Warrant, that he hath not the Worth of Forty Shillings, Sterling Money, in any Worldly Substance, either in Debts owing to him, or otherwise howsoever, over and besides his Wearing Apparel, working Tools, and Arms for Muster; and that he has not at any Time, since his Imprisonment, or before, directly or indirectly, sold, assigned, or otherwise disposed of, or made over in Trust for himself or otherwise, any Part of his Real or Personal Estate, whereby to have or expect any Benefit or Profit to himself, or to defraud any of his Creditors to whom he is indebted; and if there be no Person present that can prove the Contrary, then such Person, by such Court of Justices, without Form of Trial, shall be immediately set at Liberty, and shall stand forever discharged of all such Debts so sued for, and all Costs of Suit: But in Case such Person shall afterwards be discovered to have Sworn Falsely, he shall be indicted for Perjury; and if Convicted, shall lose both his Ears in the Pillory, and be liable to satisfy the Debt and Damages, and be rendered incapable of taking the Benefit of this Act.

II. And be it further Enacted, That the said Justices of the Peace, Judges of the Inferior, and Judges of the Superior Court, respectively, before whom such Prisoner or Prisoners shall, upon Oath, have discharged themselves, when the Proceedings are before them out of Court shall put the same in Writing, under their Hands, and return the same into the Court from whence the Mesne Process or Execution issued, there to be kept on Record, under the Penalty of Five Pounds, Proclamation Money, for each Judge or Justice for such Omission and Neglect; to be paid to the Person injured, by Order of the said Court.

III. And be it further Enacted, That if any Person or Persons now are, or hereafter shall be taken or Charged in Mesne Process or Execution for any Sum, and shall have remained in Prison by the Space of Twenty Days, and shall have any Estate, real or Personal, and be minded to deliver up his, her or their Effects, to his or their Creditors, it shall be lawful for such Prisoner to prefer a Petition to the Court from whence the Process issued setting forth the Cause of Imprisonment, and an exact Account of his or their Estate, and all Circumstances relating thereto; which Petition subscribed by him, her, or them, and Schedule shall be lodged with the Clerk of the Court of the said County from which such Process issued, Twenty Days at least before the next succeeding Court: And upon such Petition so filed, the Clerk of the said Court shall issue, under his Hand and Seal, a Copy of the said Schedule, and a Notice to the Creditor or Creditors, at whose Suit such Prisoner or Prisoners are or shall be confined, setting forth the Substance of the said Petition, and summoning them to attend the next succeeding Court, to shew Cause if any they have, why the Prayer of the said Petition should not be granted; which Notice being duly served upon the Person or Persons, his, her, or their Executors, Administrators, Attorney or Agent, at whose suit such Prisoner or Prisoners shall be imprisoned, Ten Days at least before the sitting of the said Court, the Court shall order the said Prisoner or Prisoners to be brought before them; and if the said Creditor or Creditors, at whose Suit he is imprisoned shall appear, or being duly

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Summoned shall fail to appear, the Court shall proceed to examine the Nature of the said Petition in a Summary Way, and shall tender to such Person an Oath, to the Effect following:

I, A. B., in the presence of Almighty God, solemnly swear, declare, and profess, That the Schedule now delivered, and by me subscribed, doth contain, to the best of my Knowledge and Remembrance, a full, Just, true, and Perfect Account and Discovery of all the Estate, Goods, and Effects, unto me any Ways belonging, and such Debts as are to me owing, or to any Person in Trust for me; and of all Securities and Contracts, whereby any Money may hereafter become payable, or any Benefit or Advantage accrue to me or to my Use, or to any other Person or Persons in Trust for me; and that I or any other Person, or Persons in Trust for me, have not Land, Money, or Stock, or any other Estate, real or Personal, in Possession, Reversion, or Remainder, of the Value of the Debt or Debts with which I am Charged in Execution; and that I have not directly or Indirectly, sold, lessened, or otherwise disposed of in Trust, or concealed, all or any Part of my Lands, Money, Goods, Stocks, Debts, Securities, Contract or Contracts, or Estate, whereby to secure the same, to receive or expect any Profit or Advantage thereof, or to defraud or deceive any Creditor or Creditors to whom I am Indebted, in any Wise howsover. So Help Me God.

IV. Be it further Enacted, That if such Prisoner take such Oath, and the Court be convinced of the Truth thereof, the Schedule so subscribed being filed with the Clerk of the Court for the Better Information of the Creditors of such Prisoner or Prisoners, then, and in that Case, it shall and may be lawful for the Court before whom such Oath was taken, by Warrant, to command the Sheriff, Gaoler, or Keeper of any Prison, forthwith to set at Liberty such Prisoner; which Warrant shall be a sufficient Discharge to such Sheriff, Gaoler, or Keeper, and shall indemnify him or them against any escape or Escapes, or Action or Actions, whatsoever, which shall or may be brought, commenced or prosecuted, against him or them, by Reason thereof; And if any such Action shall be commenced against any Sheriff or other Officer, for performing his Duty in Pursuance of this Act, such Sheriff or other Officer may plead the General Issue, and give this Act in Evidence.

V. And be it further Enacted, by the Authority aforesaid, That all the Lands, Tenements, and Hereditaments, which shall be contained in such Schedule, for such Use, Interest, Right, or Title, as such Prisoner or Prisoners then shall have in the same which he or she may lawfully depart withall, and also all Goods and Chattels whatsoever in such Schedule also contained, shall be vested in the Sheriff of the County wherein such Lands, Tenements, Hereditaments, Goods and Chattels, shall lie or be found; and such Sheriff is hereby Authorized, impowered, and required, to sell at Public Vendue, and convey the same to any Person or Persons whatsoever, for the best Price that can be got for the same, and the Monies arising by such Sale shall be by such Sheriff or Officer, upon Oath, paid into the Hands of the Clerk of the Superior Court of the District where such Prisoner shall be confined, for the Uses and Purposes hereafter mentioned; saving to every such Prisoner his or her necessary Apparel and Utensils of Trade.

VI. And be it further Enacted, by the Authority aforesaid, That the Judges of the Superior Court shall appoint Two Commissioners, who shall have full Power to Examine into the Claims of all and singular the Creditors of the Person or Persons imprisoned, as well those at whose Suit he was committed as of all others; and the said Commissioners shall by Advertisement, at the Court House of the District, or in some Public Newspaper, or Gazette, make known the time at which they propose to examine such

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Claims (which shall be within Sixty Days after their being appointed) and upon such Creditors, their Executors or Administrators, Agents or Attornies, appearing before them, and satisfying them of the Justice of their Claims, they shall proceed to make Distribution amongst each and every of the Creditors so appearing in Proportion to their respective Demands; and the Clerk of the said Court is hereby directed to pay such Monies so received upon the Sale of such Insolvents Estate into the Hands of the said Commissioners, for the Purposes aforesaid.

VII. And be it further Enacted, by the Authority aforesaid, That the Person of such Debtor so discharged shall never be arrested for the same Debt, but the Judgment shall be held to be fully satisfied, and no Execution whatever shall by Virtue thereof issue against any Estate which the said Insolvent Debtor or Debtors may afterwards acquire.

VIII. And be it further Enacted, by the Authority aforesaid, That whereas it has sometimes happened that poor Insolvent Debtors have been a long Time confined in Gaol for want of Knowing to whom to give Notice of their Intention to take the Benefit of the Act for the Relief of such Insolvents, where the Party at whose suit such Debtor was in Execution did not reside in this Colony, nor had any Known Agent or Attorney here to whom he could give such Notice, which by the Laws in Force in such Cases is required to be given; which long Confinements have also happened in Cases where Debtors have remained in Prison Twenty Days, and the Sheriffs or Gaolers have not known to whom to give Notice thereof, or of whom to demand Security for their Prison Fees after the expiration of the Twenty Days: For the further Relief therefore of such Insolvent Debtors, Be it Enacted by the Authority aforesaid, That when the Party at whose Suit or Instance any such Debtor shall be confined in Execution does not reside in this Colony, nor hath any Known Agent or Attorney here, it shall and may be lawful and sufficient for such Insolvent Debtor to give Notice of such his Intention to take the Benefit of the said Act for the Relief of Insolvents, to the Attorney at Law who prosecuted the Suit against him; and also where the Debtor shall have remained in Execution for the Space of Twenty Days, it shall be lawful and sufficient for the Sheriff or Gaoler, in the like Cases, to give Notice thereof to the Attorney who prosecuted the Suit, and to demand Security of him for the Prison Fees that shall arise after the Expiration of the Twenty Days; and if he shall fail or refuse to give such Security, then to Discharge such Debtor out of Custody.

IX. And be it further Enacted, by the Authority aforesaid, That if at any Time hereafter any Person being taken or charged on mesne process or Execution, shall not be able to satisfy or pay his or her Prison Fees, shall after the Expiration of Twenty Days be discharged by the Creditor, and the Sheriff or Gaoler may demand or Recover of the Party or Parties at whose Suit such Insolvent Person shall be imprisoned, all such Fees as shall become due on Account of such Imprisonment.

X. And be it further Enacted, by the Authority aforesaid, That if any Person who shall take such Oath, shall, upon Indictment of Perjury, be convicted thereon, he shall suffer all Pains of wilful Perjury, and shall be liable to be taken on a New Process, and shall never after have the Benefit of this Act.

XI. And be it further Enacted, by the Authority aforesaid, That where by this Act an Oath is required, the Solemn Affirmation of a Quaker shall be taken, in lieu thereof; and every Person convicted of wilful and false affirming, shall suffer the like Penalties as for wilful and corrupt Perjury.

XIII. And be it further Enacted, That every Law heretofore made respecting

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the Relief of Poor Debtors, as to the Imprisonment of their Persons, be repealed and made Void.

CHAPTER V.
An Act for appointing Public Treasurers, and directing their Duty in Office.

I. Whereas the Act appointing Public Treasurers will expire with the End of the present Session of Assembly, and it being Expedient that Treasurers should be appointed to receive the Money arising from the Duties on Liquors, Public Taxes, and all other Public Money payable into the Treasury of this Province;

II. Be it therefore Enacted, by the Governor, Council, and Assembly and by the Authority of the same, That Joseph Montfort, Esq., be, and is hereby appointed Public Treasurer of the Counties of Currituck, Pasquotank, Perquimans, Chowan, Bertie, Tyrrell, Northampton, Edgecomb, Granville, Orange, Hertford, Bute, Halifax and Chatham; and that Richard Caswell, be, and is hereby appointed Public Treasurer for the Counties of Anson, Beaufort, Bladen, Brunswick, Cumberland, Craven, Carteret, Duplin, Dobbs, Guilford, Hyde, Johnston, Mecklenburg, New Hanover, Onslow, Pitt, Rowan, Surry, Tryon and Wake: Which said Treasurers shall, immediately after the Ratification of this Act, give Bonds respectively, and sufficient Security, to our Soverign Lord the King, his Heirs and Successors, in the Sum of Fifty Thousand Pounds lawful Money of Great Britain each, with Condition that he will diligently and faithfully collect from the respective Sheriffs, Receivers and Collectors of Duties, and other Persons charged with Public Monies in his District, and well and truly account for and pay to the General Assembly of this Province, when thereto required, all Public Monies which he shall receive, and for the faithful and regular Discharge of the Duties of his said Office; which Bonds shall be lodged in the Secretary's Office, and in Case of a Breach of the Condition thereof, may be recovered in any Court of Law in this Province having Cognizance thereof.

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

IV. And be it further Enacted, by the Authority aforesaid, That all Collectors or Receivers of Duties shall, on or before the Tenth Day of June Yearly, account for on Oath, and pay to the Treasurer of the respective District, all such Sums of Money by them collected and received in Virtue of the several Acts of Asembly of this Province.

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

VI. And be it further Enacted, by the Authority aforesaid, That the Clerk of each County in this Province shall, within Five Months after the Ratification of this Act, lodge with the Public Treasurer of his District wherein

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such Counties lie, all and every Bond now in his possession, given by any Present or former Sheriff of the said County, for the well and truly collecting, and duly accounting for and paying, the Public Taxes of such County; and the said Clerk shall also lodge with the said Treasurer all such Bonds as shall at any Time hereafter be entered into and given by any succeeding Sheriff of his County for the Purposes aforesaid, within Three Months after the Time of Executing such Bond or Bonds (the said Clerk first recording such Bond or Bonds at large among the Records of the Court) an Attested Copy thereof, under the Hand of the said Clerk, in Case of the loss of the Original Bond, and due proof thereof made, shall be as good and valid in any Court of Law in this Province, against any such Sheriff and his Securities, their, or any of their Heirs, Executors, or Administrators, as if the Original Bond was there to be produced; and if any such Clerk shall fail or neglect to record such Bond or Bonds, and lodge the same with the Treasurer of his District within the Time before limited, such Clerk shall be liable to a Suspension from his Office, on due Proof thereof made to the Inferior Court whereof he is Clerk; and such Sheriff shall pay to the Clerk the accustomed Fees for recording the same.

VII. And be it further Enacted, by the Authority aforesaid, That when any Sheriff shall fail to make Payment of any Public Monies by him received, at the Time by Law appointed, or shall otherwise incur a Forfeiture of his Bond of Office, that then it may be lawful for the Treasurer in whose District such Sheriff shall be, and he is hereby directed, to issue a Scire Facias against such Sheriff and his Securities; and in case of the Death of the said Sheriff or his Securities, against the Executors and Administrators of such Sheriff or his Securities, which Scire Facias shall be returnable to the Superior Court next Succeeding; and the said Sheriff and his Securities or their Executors or Administrators, shall appear and plead, and the Matter shall be tried at the Court to which such Process shall be returnable; and the Judges of the said Court shall proceed to judgment the First Court, as the Right of the Matter may be, and all Matters of Law relative thereto, shall be determined at the same Court, any Law to the contrary notwithstanding: And in Case of Neglect or Failure of either of the said Treasurers to commence Suits against, or otherwise prosecute, any Sheriff or other Person, now in Arrear to the Public, within the Time hereby limited and directed for commencing Suit against such Delinquent Sheriff, and other Receivers of Public Monies, and their Securities; that then, and in such Case, the said Treasurer shall be liable to, and stand chargeable with, all Arrearages due to the Public from such Sheriff, and other Receivers of Public Monies, within his respective District.

VIII. And be it further Enacted, by the Authority aforesaid, That the Public Treasurers in this Province shall keep, in well bound Books, to be provided for that Purpose at the Public Charge, true, faithful, and just Accounts, with the several Counties of their respective Districts, and therein Debit the Sheriff for the Year with the Number of Taxables as by the List returned by the Clerk, and give such Sheriff Credit for all Insolvents allowed by the Inferior Court agreeable to Law, and also for the several Sums he shall receive from such Sheriff; and also keep an Account of all the Money by him received from Time to Time, on the respective Duties, Impositions, and Taxes, by Virtue of any Act or Acts of Assembly; and also of all such Sum and Sums of Money as he shall pay out of the Treasury, pursuant to any Act or Resolution of the General Assembly; which Accounts shall be so kept, as the neat produce of the several and respective Duties, Impositions, and Taxes, and the Money paid out of the Treasury for every

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Particular Service may appear separate and distinct from each other; which Accounts, and all others relative to the Receipt and Disbursement of Public Monies, shall at all Times be open for the Inspection and Perusal of the Governor, or Commander in Chief for the Time Being; and shall by the Public Treasurer of each District, together with the Number of Taxables for each County, be laid before the General Assembly, for their Examination, Approbation, and Allowance: And that the Governor, or Commander in Chief for the Time Being, may be more readily informed of the State of Public Accounts, the Treasurer of each District shall transmit to him such Transcripts or Information as he shall from Time to Time require.

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

CHAPTER VI.
An Act for annexing the North Part of Rowan to the County of Surry, and the further Establishing and erecting the Parish of Dobbs into a separate and Distinct Parish.

I. Whereas the Inhabitants of the North Part of Rowan County labour under great Inconveniences in attending the Courts, and other public Meetings, at the Court House of the said County: and as it would be much more convenient for them to attend Public Business in the County of Surry, are desirous of being annexed thereto: And as by an Act, entitled, An Act for erecting that Part of Rowan County, called Wachovia, into a Distinct Parish, the Tract of land formerly in the County of Rowan, called and named Wachovia, belonging to the Unitas Fratrum (or United Brethren) according to the Known Boundaries and Limits thereof, as erected into a Parish, distinct and Separate from the Parish of St. Luke, in the said County, and called by the Name of the Parish of Dobbs, and were intended to hold, Use, and exercise, the like Authorities and Powers, and Possess and enjoy the same Immunities and other Privileges, as other Parishes in this Province: And as by 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, the Dividing Lines between the Counties of Rowan and Surry ran through the said Parish of Dobbs, by which Means Part of the said Parish was left in each of the said Counties, from which great Inconveniences arise to the Inhabitants of the said Parish:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the passing of this Act, the dividing line between the Counties of Rowan and Surry shall begin at a Point in the Line dividing Rowan and Guilford Counties, Thirty Six Miles North from the South East Corner of Rowan, thence running a due West Course to the Ridge dividing the Waters of the Yadkin and Catawba Rivers, which Line is to be parallel to Earl Granville's South Boundary Line (excepting where the Bounds of the Parish of Dobbs interfere, which Parish is hereby intended and declared to be included in Surry County) and by the said dividing Ridge and the Mountains to the Virginia Line; and all that Part bounded to the Northward by the Line before described to be marked, shall be, and is hereby annexed to, and made Part of Surry County.

III. And be it further Enacted, by the Authority aforesaid, That that Part of Rowan County, and Parish of Dobbs, which by the Division of Rowan and

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Surry Counties fell into Rowan County, be added to Surry County as aforesaid; so that all that original Tract of Land called Wachovia, or Dobbs Parish according to the known Bounds and Limits thereof, be made Part of Surry County, and be and remain One Entire Parish as before, distinct and separate from the Parish of St. Jude, and any other Parish whatever, and be entitled to use, hold, and exercise the like Authorities and Powers, and Possess and enjoy the same Immunities, and other Privileges, as other Parishes in this Province.

IV. Provided always, That nothing contained in this Act shall be construed to deprive the Parishes of St. Luke and St. Jude of any of their Privileges, Powers and Authorities, exclusive of the said Parish of Dobbs, as they have heretofore enjoyed them; any Thing contained in this, or any other Law, to the Contrary notwithstanding.

V. Provided also, That nothing herein contained shall be intended to hinder any Sheriff or Collector of Public Taxes of Rowan County, from collecting or Distraining for any Taxes, or Arrears of Taxes now due, and while he is Sheriff, or Collector of Public Taxes of Rowan, is or may be accountable for from any Person or Persons, within the Bounds before mentioned and described.

VI. And be it further Enacted, by the Authority aforesaid, That Griffith Rutherford, Anthony Hampton, John Braby, Robert Lanier, and Christian Ruiter, Esquires, are hereby appointed Commissioners to run the dividing Lines, 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 upon Record in the Court of each of the said Counties, and shall be hereafter deemed and taken to be the dividing lines of the Counties of Rowan and Surry, and the expence of running the said Lines to be paid by the Inhabitants of Surry County, out of the County Tax, to the said Commissioners.

VII. And be it further Enacted, by the Authority aforesaid, That so much of a former Act of Assembly, entitled, 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, as comes within the Purview of this Act, is from henceforth repealed and made void.

CHAPTER VII.
An Act for building a Gaol in Beaufort County.

I. Whereas the Gaol in Beaufort County was lately Burnt;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That Wyriot Ormond, William Brown, and Christopher Respiss, are hereby appointed Commissioners; and they, or the majority of them, are hereby authorized and impowered to agree and contract with Workmen and others, to build and compleat the said Gaol: And in order to enable them to defray the Costs and expences thereof, a Poll Tax of Two Shillings Proclamation Money, is hereby imposed on each Taxable Person within the said County for One Year, and the Sheriff of the said County, for the Time being is hereby impowered to collect and receive the same; and the said Sheriff is hereby required to Account for the same to the said Commissioners, or the Majority of them, under the same Rules, Regulations, and Restrictions, as Sheriffs are liable to in Collecting and accounting for Public Taxes; and the said Commissioners so acting, are hereby directed and required to account for, and settle with the Justices of the Inferior Court of the said County; and the overplus if any, after the

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Costs and Expences of Building and compleating the said Gaol, shall be applied towards lessening the County Tax.

CHAPTER VIII.
An Act to exonerate John Tagert and Francis Adams, late Sheriffs of Tryon County, from being Chargeable with the Collection of Taxes taken into South Carolina.

I. Whereas the dividing Line extended between this Province and South Carolina, by Order of his Majesty in Council, a Number of Inhabitants that before the Division aforesaid were lifted and deemed Taxables of Tryon County, in this Colony, are since Fallen into South Carolina, and refuse to pay their Taxes to this Government; and there being no Law to compel them to pay the same, by which Means John Tagert, and Francis Adams, late Sheriffs of Tryon County, will become chargeable with those Taxes that they have not collected from the Persons aforesaid for these several Years, to their great Injury and Hurt, unless timely prevented.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the passing of this Act, the said Sheriffs of Tryon County shall not be chargeable with any Taxes due from those Persons that were listed and deemed Taxables of Tryon County aforesaid, who since the Division of the said Provinces have fallen into South Carolina, until a Law or some Remedy be had for that Purpose from the Province of South Carolina aforesaid, to compel them to pay the same; and the Court of Tryon County, at any Sessions, are hereby directed and authorized to give Credit to the said Sheriffs in their Settlement of County Taxes for such Taxables as have fallen into South Carolina since the running the said Dividing Line, who have not paid the same; a Certificate of which settlement shall be by the Clerk of the said Court transmitted to the Treasurer of the District, by which the said Treasurer shall, and is hereby bound to pass the said Sheriffs Public Accounts, any Law to the contrary, notwithstanding.

III. Provided nevertheless, That nothing contained in this Act shall be extended to excuse the said Sheriffs from being chargeable with the Payment of such Taxes which they have received from such Taxable Persons, now Inhabitants of South Carolina, before the running the said Line, or which they shall hereafter receive from said Taxables, or from the Inhabitants of the said County; but shall Bona Fide Account for, on Oath, before the Inferior Court of Tryon County, and pay the same; any Thing herein contained to the contrary, notwithstanding.

CHAPTER IX.
An Act for laying out and establishing a Public Road from Charlotte Town, in Mecklenburg County, to Bladen Court House.

I. Whereas a Public Road from Charlotte Town, in Mecklenburg County, through the Counties of Mecklenburg and Anson, to Hall's Ferry, on Drowning Creek, and from thence the nearest and most convenient way into Johnston's Bluff Road, leading to Bladen Court House, would be of Singular Advantage to the Inhabitants of the said Counties, and others, and would promote the Trade and Commerce of the said Counties:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That John Polk, Adam Alexander, Robert Barnett, John Cole, Charles Robinson, William Terry, Jun., Neil McFall, Joseph

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Ford, Joseph Riggin, James Piggot, and Thomas Robinson, Jun., Esquires, be, and they 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 off, mark, or establish, or cause to be laid off, marked, or established, a Public Road from Charlotte Town, in Mecklenburg County, through the Counties of Mecklenburg and Anson, to Hall's Ferry, on Drowning Creek, and from thence the nearest and most convenient Way to Johnston's Bluff Road, leading to Bladen Court House; 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 Courts are hereby directed to receive the same, and are thereupon authorized and required to appoint so many Overseers or Commissioners of the said Road within their respective Counties, as to them shall from Time to Time appear convenient and necessary; and the said Overseers, and the Inhabitants of the said Counties respectively, shall clear and Work on the said Road, in the same Manner and under the same Rules and Regulations, and subject to the like Penalties as is prescribed by an Act, entitled, An Act to empower the Inferior Courts of the several Counties in this Province to order the laying out of Public Roads, and establish and settle Ferries, and to appoint where Bridges shall be built, for the Use, and Ease of the Inhabitants of this Province, and to clear navigable Rivers and Creeks.

III. And be it further Enacted, by the Authority aforesaid, That the said Commissioners shall be allowed and paid for their trouble and Expences 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 X.
An Act to continue an Act, passed the Fifteenth Day of January, in the Year of our Lord One Thousand Seven Hundred and Seventy One, entitled, An Act to alter the method of working upon the Roads in the County therein mentioned.

I. Whereas, the before recited Act is near expiring, and is by experience found to be of Utility to the County therein mentioned.

II. Be it therefore Enacted, by the Governor, Council and Assembly, and by the Authority of the same, That the before recited Act be, and is hereby continued for Three Years, and from thence to the end of the next session of Assembly.

CHAPTER XI.
An Act to prevent making Hedges across Great Cotentney Creek, little River of Pee Dee, Rocky and Uahara River.

I. Whereas it hath been represented to this Assembly that the frequent making of Hedges and Stops Across Great Cotentney Creek, little River of Pee Dee, Rocky River, and Uahara River, is not only destructive of Fish, but hath rendered the Navigation of the said Creek and Rivers difficult and dangerous.

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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 not be lawful for any Person or Persons whomsoever to make, erect, or extend any Hedge, Stop, or Dam, in or across Cotentney Creek, below Stephen Cobb's Mill, Little River, below John Smith's Mill, Rocky River, or Uahara River in Anson County, under the Penalty of Twenty Pounds, Proclamation Money; to be recovered by Action of Debt, in any Court having Cognizance thereof, by any Person who shall sue for the same.

III. 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 XII.
An Act to alter the Method of Working upon the Public Roads in the County of New Hanover.

I. Whereas the Power given to overseers by an Act of Assembly, passed in the Fifth Year of his Majesty's Reign, entitled, An Act to impower the Inferior Courts of the several Counties in this Province to order the laying out Public Roads, and establish and settle Ferries, and to appoint where Bridges shall be built, for the Use and Ease of the Inhabitants of this Province, and to clear navigable Rivers and Creeks, hath been found inconvenient in the County of New Hanover, and not answer the Purposes thereby intended;

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the County of New Hanover be, and is hereby divided into the four following Districts, and that Cornelius Harnett, George Merrick, William Purviance, William Wilkinson, and Bishop Dudley, Esquires, be commissioners of the Roads for the South District of the said County, lying between Cape Fear River and the Sea, bounded on the North by the County of Onslow, to the west of Cape Fear River and Smith's Creek, so as to include all the Inhabitants within Two Miles West of the Road leading from Wilmington to Busby's Swamp; and that the Honorable John Rutherford and Lewis DeRosset, Esquires, Alexander Lillington, Frederick Gregg, and Thomas Fisher, Esquires, be Commissioners of the Roads for the North East District of the said County, bounded to the South by Smith's Creek, to the West by the North East River, up the said River to the Bounds of the County, and to include all the Inhabitants within Two Miles West of the High Road leading from Wilmington to Busby's Swamp aforesaid; and that the Honorable Samuel Strudwick, Esquire, Samuel Ashe, Geo, Moore, Frederick Jones, and William Robinson, Esquires, be commissioners of the Roads for the Rocky Point District, bounded to the South and East by the North East river, to the West by Riley's Creek, and thence Northward by a Line Parallel to the Public Road leading from Heron's Bridge to the Bounds of the County of Duplin; and that Colonel James Moore, John Calvin, John Devaun, John McDoughnell, and John Larkins, Esquires, be Commissioners of the Roads for the Black River District, bounded to the West by the North West River, to the North by the Counties of Bladen and Duplin, and to the East by Riley's Creek and the Western Bounds of Rocky Point District, and to the South by Negro Head Point.

III. And be it further Enacted, by the Authority aforesaid, That in Case any Commissioner appointed by this Act refuse or neglect to take upon him such office, or shall die or remove out of his District, the remaining or surviving

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Commissioners of such District shall, and are hereby required, impowered and directed, to appoint another in his Room; who shall have the same Power, and shall be liable to the same Pains and Penalties, as the Commissioners have and are liable to who are appointed under this Act.

IV. And be it further Enacted, by the Authority aforesaid, That the before recited Act, and every Clause and Article thereof, so far as it relates to the County of New Hanover, shall be from henceforth repealed and made Void. And the Commissioners appointed by Virtue of this Act, are hereby vested with all the Powers and Authorities, and shall be subject to the same Rules Regulations and Restrictions, Pains and Penalties, as other Commissioners of Roads are vested with, or Subject to, by an Act of Assembly, entitled, an Act for empowering the several Commissioners herein after named to make, mend and repair, all Roads, Bridges, Cuts, and Water Courses already laid out, or hereafter to be laid out, in the several Counties and Districts herein after appointed, in such Manner as they judge most Useful to the Public; any Thing in the before recited Act to the Contrary notwithstanding.

CHAPTER XIII.
An Act to regulate the Attendance of the Minister of Christ Church Parish, at the Parish Church in the Town of New Bern, and at the several Chapels in the said Parish.

I. Whereas from the late increase of Inhabitants, the Residence of the Governor, and Establishment of the Courts of Justice and Civil Officers in the Town of New Bern, the more Regular Attendance of a Minister at the Parish Church in the said Town is become absolutely necessary.

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 Minister of the said Parish of Christ Church for the Time Being, shall not absent himself from the said Parish Church in the Town of New Bern more than Six Sundays in any Year; and that the said Minister shall, on some Days between the months of March and December, regularly attend the several Chapels that now are, or hereafter shall be erected in the said Parish, twice in every Year; any Order, Law, Usage, or Custom to the Contrary, notwithstanding.

CHAPTER XIV.
An Act for directing the Method of appointing Jurors in all Causes, Civil and Criminal.

I. Whereas a just decision of said Suits and Controversies in the several Courts of Justice within this Province, depend on the Integrity and Capacity of Jurymen:

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the Justices of the Inferior Courts, within the District of each Superior Court within this Province, shall, and they are hereby directed, before the sitting of any Superior Court, to nominate Twenty Four Freeholders to serve as grand Jurymen, and Twenty Four Free holders to serve as Petit Jurors, at such Superior Court.

III. Provided always, That no Inferior Court shall knowingly nominate any Person to serve as a Grand or petit Juror at Two Courts Successively,

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nor any Person serve on the Petit Jury who shall have an Action or Suit at Issue in the Superior Court, at the term to which he shall be so nominated.

IV. And be it further Enacted, by the Authority aforesaid, That the Number of Freeholders to be nominated for each County, to serve as Jurors, shall be proportioned as follows, to-wit: Craven County Eighteen, Carteret Four, Beaufort Six, Hyde Four, Dobbs Six, Pitt Six, Johnston Four, Chowan Ten, Perquimans Six, Pasquotank Eight, Currituck Four, Tyrrell Six, Bertie Eight, Hertford Six, Northampton Twelve, Halifax Sixteen, Edgecomb Ten, Bute Ten, Orange Twenty, Granville Twelve, Chatham Ten, Wake Eight, Rowan Twelve, Anson Seven, Mecklenburg Seven, Tryon Eight, Surry Seven, Guilford Seven, New Hanover Twelve, Bladen Eight, Onslow Eight, Duplin Eight, Cumberland Six, Brunswick Six; a List of which Jurors, so nominated, shall be delivered by the Clerk of each Inferior Court of Pleas and Quarter Sessions to the Sheriff, who shall, and is hereby required, to summon the Persons so nominated to serve as Jurymen at the Superior Court: And if any Juryman so summoned, shall fail to appear, he shall be fined Five Pounds Proclamation Money, unless he can shew sufficient cause to the next Court to excuse his non-Appearance; which fine shall be applied to the Payment of such Jurors as shall attend from the said County, and thereby lessen the County Tax.

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

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

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

VIII. And be it further Enacted, by the Authority aforesaid, That the Clerk of each Superior Court shall, every Day during the Continuance of such Court, write the names of all Petit Jurors appearing, on Scrolls or Pieces of Paper, which shall be put into a Box; and on every issue in every Suit where it is not otherwise agreed by consent, a Child under Ten Years old, in open Court, shall draw out of the said Box Twelve of the said Scrolls or Pieces of

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Paper; and the Person whose Names shall be on the said Scrolls or Pieces of Paper, drawn as aforesaid, shall be the Jurors to try such Issue, provided that they all do appear; and in Case of Defaulters, other Scrolls shall be Drawn, till a sufficient Number shall appear to make a compleat Jury.

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

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

XI. Be it further Enacted, by the Authority aforesaid, That every Juror in the Superior and Inferior Courts shall be allowed Eight Pence for every Suit tried by him, which shall be paid, by the Party paying Costs on the Suit, to the said Jurors.

XII. And be it further Enacted by the Authority aforesaid, That in all Suits in the Superior Courts of Justice within this Province, wherein the Title or Bounds of Lands shall come in Question, if it shall appear to the Court necessary, such Court may order two Surveyors, (one to be named by each Party) to attend, and run out and survey the Lands in Dispute, agreeable to the Bounds and Lines expressed in each Parties Titles, and make Three Accurate Plans of such Surveys, and return the same to such Court; which Order such surveyors are hereby required to obey, and shall be allowed Twenty Shillings, Proclamation Money, each, for every Day they shall be travelling to and from attending the Surveys, and performing the Duty by this Act required; which Allowance shall be taxed in the Bill of Costs, and paid by the Party Cast.

XIII. Provided nevertheless, If the Parties shall agree to, have but One Surveyor appointed to perform such Services, that then and in such Case, the Court shall order One Surveyor only to attend, survey, and run out the Lands in Dispute; who shall return three Plans in the same Manner, and be entitled to the same Allowance, as he would have been entitled to, if Two Surveyors had been appointed.

XIV. And be it further Enacted by the Authority aforesaid, That the Sheriff of each respective County of this Province shall, Five Days at least before the sitting of each respective Inferior Court, to be held after the passing of this Act, summon Twenty Four Freeholders to serve on the Grand Jury, and Twelve Freeholders to serve on the Petit Jury, to attend at such Courts respectively, which said Jury shall appear and give their attendance accordingly, till discharged by the Court; and that there may not be a Default of Jurors, it shall and may be lawful, during the sitting of the Inferior Court, for the Sheriff, by Order of the said Court, to summon of the Bystanders other Jurors, being Freeholders, to serve on the Petit Jury, from Day to Day; and on any Day of the said Court, the Justices may discharge those who have served the preceding Day.

XV. And to Inforce the Attendance of Jurymen at the said Inferior Courts, Be it Enacted by the Authority aforesaid, That every Person who shall hereafter be summoned in Virtue of this Act, to appear either as a Grand or

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Petit Juryman at any Inferior Court, and shall fail to appear, or to give his attendance till Discharged, by Order of the Court, such Person so failing to appear, or giving his Attendance till discharged shall be fined Forty Shillings by the Justices of the Inferior Court (to be applied towards defraying the Charges of the County, and lessening the County Tax) unless he shall shew sufficient Cause to the next succeeding Court for such Failure.

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

XVII. And be it further Enacted, by the Authority aforesaid, That this Act shall continue and be in Force for and during the Space of Six Months, from and after the passing hereof, and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER XV.
An Act for rendering the Navigation of Trent River more Useful and Advantageous.

I. Whereas about Twenty Five Miles above the Town of New Bern, in Craven County, the River Trent makes a sudden Crook or Turn round a piece of Low Land near the Distance of Five Miles, and then returns within Eighty Feet of the Place where the said Crook began; and whereas the said River is there in Many Places Shoal, and otherwise so stopped up, as to render the passage of Crafts both Difficult and Dangerous; and as the said Disadvantages may be easily removed, by cutting a Canal through a small neck of Land called Harper's, the Proprietor thereof unknown, which the Inhabitants are willing to perform at their own Expence.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That Lemuel Hatch, Edmond Hatch, and Emanuel Simmons, be, and are hereby appointed Commissioners, for laying out and directing the Execution of the Said Canal; and they, or any of them, are hereby invested with full Power, and Authority to see the same carried into Execution, without incurring any Forfeiture or Damage for cutting the said Canal through the Lands of any Person or Persons whatsoever; any Law, Usage, or Custom to the Contrary, notwithstanding.

CHAPTER XVI.
An Act to encourage the destroying Vermin in the several Counties therein mentioned.

I. Whereas the Counties of Bute, Orange, Anson, Granville, Tyrrell, Chatham, Wake, Mecklenburg, Guilford, Onslow, Carteret, and Surry, are much infested with Wolves and other Vermin, to the great Prejudice of the Inhabitants thereof:

II. Be it Enacted, by the Governor, Council and Assembly, and by the Authority of the same, That every Person who shall kill any of the Vermin hereinafter mentioned, within Ten Miles of any settled Plantation in any of the said Counties, shall be entitled to a Claim on the County where such Vermin shall be killed, to the several Rewards as follows: For every Wolf Ten Shillings, Proclamation Money, for every Wild Cat Two Shillings and Six

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Pence, and for every Panther Ten Shillings, to be paid as hereinafter directed.

III. And be it further Enacted, by the Authority aforesaid, That any Person who shall have a Claim for Killing any of the aforesaid Vermin, are hereby directed to, produce the Scalp of the aforesaid Vermin, with both Ears, before a Magistrate, who is to administer an Oath to such Person claiming the same, that it was taken and killed within the Bounds of such County where the Claim shall be made; and if any Slave or Indian that shall kill any Vermin, of which the Head or Scalp shall be produced as aforesaid, the Master or Owner of such Slave or Indian, or he that makes Claim for such Scalp or Scalps in behalf of any Slave or Indian, shall make Oath before such Magistrate, that he verily believes the same was taken and killed within the Counties wherein the same was claimed; which Oath being administered, the Magistrate is hereby directed to give a Certificate for the same, and immediately cause such Scalp to be destroyed.

IV. And be it further Enacted, by the Authority aforesaid, That any Person having a Certificate from any such Magistrate shall, upon Producing the same to the Court of the County where such Certificate was obtained, be entitled to the Sum or Sums due upon such Certificate; which several Sums so paid, shall be allowed by the Court out of the County Tax.

V. And be it further Enacted, by the Authority aforesaid, That the several Justices of the Inferior Courts of Pleas and Quarter Sessions within the said Counties, are hereby required, authorized, and impowered, to lay a tax on the several taxable Persons within their respective Counties, for discharging the said Claims.

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

CHAPTER XVII.
An additional Act to an Act, entitled, an Act for establishing a School-house in the Town of New Bern.

I. Whereas the incorporated Society for promoting and establishing the Public School in New Bern have taken up Four Lots of Land, lying in the said Town, known in the Plan thereof by the Numbers or Figures 313, 327, 328, and 329, and are contiguous to, and in the same Square, in which the said Society have erected a Large and convenient Building, for the Use and Accommodation of the Master and Scholars of the said School; and it being inconvenient that any other Buildings sufficient to save the said Lots should be erected on the same:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the said Building already erected, shall be held, deemed, and taken to be a sufficient Saving and Improvement of the said Lots Number 313, 327, 328, and 329, within the Extent and Meaning of the Act of Assembly in such Case made and provided; and the said four Lots are hereby declared to be saved and improved Lots accordingly, and vested in the Trustees of the said Incorporated Society, and their successors, forever, in Trust and Confidence, to and for the Use of the said School; any Act or Acts of Assembly to the contrary notwithstanding.

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CHAPTER XVIII.
An Act to prevent hunting with a Gun in the Night by Fire Light.

I. Whereas many Persons, under pretence of hunting for Deer in the night by Fire light, kill Horses and Cattle, to the Prejudice of the Owners thereof,

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That if any Person or Persons shall be discovered hunting in the Woods with a Gun in the Night Time, by Fire Light, 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 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, Goods or Chattels, of the Offender, and order such Offender to the County Gaol, there to remain One Month, without Bail or Mainprize, or until the said Fine, and the Fees accrueing thereon, shall be paid.

III. And be it further Enacted, by the Authority aforesaid, That if any Slave, or Slaves, shall be discovered Hunting in Manner hereinbefore mentioned, such Slave or Slaves shall, upon due Conviction thereof before any Justice of the Peace of the County, have and receive Fifty Lashes on his bare Back well laid on; and the Gun or Guns found in the Possession of any Slave so hunting in the Night as aforesaid, shall be forfeited to, and become the Property of the Person or Persons that shall discover and prosecute any Slave or Slaves in Manner as aforesaid.

IV. And be it further Enacted, by the Authority aforesaid, That an Act of Assembly, passed at New Bern, in the Seventh Year of his Majesty's Reign, entitled, An Act to prevent hunting for and killing Deer in the Manner therein mentioned, be from henceforth repealed and made Void.

CHAPTER XIX.
An Additional Act to an Act, entitled, 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 from the great Increase of Buildings in the Town of New Bern, Damages may hereafter arise by Fire; and it appearing necessary that water Engines, and other Instruments for extinguishing Fire, be procured as soon as Possible:

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the Commissioners of the said Town, or the Majority of them, shall, and they are hereby required, to assess and value every House within the said Town (public Buildings excepted) and to lay a Tax on such Value, not exceeding Two Shillings in the One Hundred Pound, for each Year, during the Continuance of this Act; and also in like Manner assess the Trades or Faculties of all Residenters who are not Owners of Houses in the said Town, Regard being had to their Circumstances, so that the Assessment may be equally proportioned to the Danger they may be subject to by Fire; which Money assessed on the Owners of Houses and residenters as aforesaid, shall be collected and applied towards purchasing a Water Engine, Buckets, Ladders, and other Instruments proper for extinguishing Fire, and erecting one or more Public Pumps; and if any Person shall neglect or refuse to pay

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such Assessment, the same shall be levied by a Warrant, under the Hands of the Commissioners or a Majority of them, directed to the Sheriff of Craven County, or to the Constable of the said Town, on the Effects of such Delinquent or Delinquents; And as soon as such Engine, and other Instruments for extinguishing Fire as aforesaid, shall be procured, it shall and may be lawful for the said Commissioners or a Majority of them, to appoint and establish a Fire Company to manage and work the said Engine.

III. And be it further Enacted, by the Authority aforesaid, That the Fire Company to be appointed in Virtue of this Act, shall once in every Month exercise themselves and work the said Engine; and also be ready, in Case of an Alarm by Fire, to repair to the Place where such Fire shall happen, to be with the said Engine and other Instruments, and then and there to use their utmost Efforts to extinguish the same, under the Penalty of forfeiting each Five Pounds, Proclamation Money, for such Refusal or Neglect; to be recovered and applied as hereinafter directed.

IV. And be it further Enacted, by the Authority aforesaid, That the Fire Company for the Town of New Bern, and each and every of them, during the Time they continue to comply with the Directions of this Act, shall be exempt from bearing Arms at Musters, and serving on any Jury; any Thing contained in any Law to the Contrary, notwithstanding.

V. And be it further Enacted, by the Authority aforesaid, That each and every Householder within the said Town of New Bern shall procure, or cause to be procured, within Six Months after the passing of this Act, Two sufficient Leather Buckets, and a Ladder, of not less than Twenty Five Feet long, and keep the same in continual Readiness against any alarm by the breaking out of Fire in the said Town; on neglect whereof, he, she, or they, shall forfeit and pay Forty Shillings, for every Year they continue or neglect to be furnished as aforesaid.

VI. And be it further Enacted by the Authority aforesaid, That from and after the passing this Act, no Person whatever shall immoderately ride any Horse or mare, or in like Manner drive any empty Waggon, Cart, or other Carriage, in or through the streets of the said Town: And if any Person shall Offend herein, and be convicted thereof, he, she, or they, shall forfeit and pay Ten Shillings for each and every Offence; if the Offender be under age, the Parent, Master or Guardian, shall pay the said Fine; and if a Slave shall, by order of the next Magistrate, be whipped, not exceeding Twenty lashes, unless the master of said Slave shall pay the said Fine.

VII. And be it further Enacted, by the Authority aforesaid, That the Commissioners of the said Town, or the Majority of them shall, and they are hereby impowered and required, to regulate the Assize of Bread, when necessary; and any Person or Persons refusing to comply with such Orders, shall forfeit and pay Forty Shillings for every refusal; to be recovered and applied as is hereinafter directed.

VIII. And be it further Enacted, by the Authority aforesaid, That the Commissioners of the said Town, or the Majority of them, for the Time Being, shall, Yearly, and every Year, appoint a Proper Person to cord Wood in the said Town, who shall take an Oath for the faithful and impartial Discharge of his Duty before a Justice of the Peace, and procure a Certificate thereof; and after such Qualification, it shall not be lawful for any Person to sell Wood in the said Town, until the same may have been measured or examined by the Sworn Corder, under the Penalty of Five Shillings for each Cord sold contrary to the Meaning of this Act; to be recovered before any Justice of the Peace, for the Use and at the Suit of such Sworn Corder: And if such Corder shall refuse to attend to do his Duty at the Different Places

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where Wood is usually Corded, he shall for every Neglect forfeit and pay Twenty Shillings; to be recovered and applied as is hereinafter directed: And the said Sworn Corder of Wood shall and may take for his Trouble in examining and measuring each Cord of Wood, Six Pence and no more; one Half whereof shall be paid by the Seller, and the other by the Buyer.

IX. And be it further Enacted, by the Authority aforesaid, That from and after the First Day of June Next, it shall not be lawful for any Person, to retail Wheat Flour or Indian Corn Meal by Measure within the said Town, but that the said Articles shall be sold by weight; and the Person or Persons offending herein, shall for every Bushel so sold, forfeit and pay Five Shillings, to be recovered and applied as hereinafter directed.

X. And be it further Enacted, by the Authority aforesaid, That if any Householder in the said Town shall suffer his, her, or their Chimney or Chimnies to catch on Fire, so that a Blaze be seen without, he, she, or they shall, for each Chimney so on Fire, forfeit and pay Twenty Shillings, one Half to the Informer, the other Half for the Use of the said Town; to be recovered by Warrant before a Justice of the Peace.

XI. And whereas Sundry idle and disorderly Persons, as well as Slaves, and Children under Age, do make a Practice of firing Guns and Pistols within the said Town; Be it Enacted, by the Authority aforesaid, That if any such Person shall for the Future fire a Gun or Pistol within the said Town, he shall pay a Fine of Ten Shillings for each Offence, to be recovered as aforesaid; if the Offender be under Age, the Parent or Master, or Guardian, shall pay the said Fine; and if a Slave shall, by Order of the next Magistrate, be whipped, not exceeding Twenty Lashes, unless the Master of such Slave shall pay the said Fine.

XII. And be it further Enacted, by the Authority aforesaid, That the Commissioners of the said Town, or a Majority of them, are hereby impowered and required to appoint Two or more Watchmen, whose Duty shall be regulated by the Commissioners, and who shall be paid out of the Monies arising by Virtue of this Act.

XIII. And be it further Enacted, by the Authority aforesaid, That all Fines and Forfeitures in this Act, the Manner of Recovery and applying whereof not hereinbefore directed, shall be recovered by Warrant, under the Hands of the Commissioners for the Time Being, or a Majority of them, directed to the Sheriff of Craven County, or to the Constable of the said Town, and be levied on the Body, or Goods and Chattels of the Offender, and be applied to the Common Stock of the said Town; and be accounted for by the Commissioners in Manner directed in and by the Laws heretofore passed for the better Regulation of the said Town.

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

CHAPTER XX.
An Act laying out a Public Road from Dan River through the Counties of Guilford, Chatham and Cumberland to Campbellton, and for a public Road from the Shallow Ford in Surry County to join the same.

I. Whereas a Public Road from Dan River, through the Counties of Guilford, Chatham and Cumberland, to Campbelton, would be of general Convenience and Advantage to the Inhabitants of the said Counties, and others,

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and would have a tendency greatly to promote the Trade and Commerce of that Part of this Colony:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That Samuel Henderson, John Campbell, Robert Fields, Joab Brooks, and Henry Bray, 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 Convenient after the passing of this Act, to lay, mark, and stake out, or establish, or cause to be laid, marked, and staked out, or established, a Public Road from Dan River, beginning near the middle Sawra Town in the County of Guilford, thence through the said County, Chatham and Cumberland Counties the nearest, best Way to the Town of Campbelton; and the said Commissioners or a Majority of them, after having laid, marked, and staked 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 out, and work on the Same, under the same Regulations, and shall be liable to the same Fines and Penalties, prescribed and inflicted on Delinquents by an Act of Assembly, entitled, An Act to impower the Inferior Courts of the several Counties in this Province to order the laying out of Public Roads and establish and settle Ferries, and to appoint where Bridges shall be built, for the Use and Ease of the Inhabitants of this Province, and to clear navigable Rivers and Creeks; and the Commissioners aforesaid shall be allowed and paid, for their Trouble in the above Service, the Sum of Five Shillings per Day, out of the County Tax of said Counties.

III. And whereas the Method of laying out and working on the Roads in the County of Guilford, under the Power and Direction of Commissioners, hath been found burthensome and inconvenient to the Inhabitants of the said County; Be it Enacted, by the Authority aforesaid, That all the Roads of the said County, after the passing of this Act, shall be laid out, established, and worked upon, agreeable to the Regulations and Directions of the above Recited Act; any Law to the contrary notwithstanding.

IV. And whereas a Public Road from the Shallow Ford, in the County of Surry through the County of Rowan, to join the road before mentioned and described, would be very inconvenient to the Inhabitants of Surry, and the North Part of Rowan County, for the above beneficial Purposes; Be it therefore Enacted, by the Authority aforesaid, That Philip Howard, Samuel Moseby, and John Kimbrough, be appointed Commissioners, who shall, and are hereby required to lay out, mark, and stake a Road, the nearest and best Way to the above mentioned and described Road leading to Campbelton, and establish the same; which said road shall be under the same Regulations, and the Overseers and Inhabitants to work on the same, and subject to the same Penalties and Forfeitures, in the same Manner as the Overseers and Inhabitants of the first described Road mentioned in this Act, and the said Commissioners to be allowed for their Trouble as before mentioned.

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CHAPTER XXI.
An Act to amend An Act, passed at New Bern, in the Year One Thousand Seven Hundred and Seventy One, entitled, An Act for laying out a Public Road from the Frontiers of this Province, through the Counties of Mecklenburg, Anson, and Cumberland.

I. Whereas the Commissioners appointed by an Act of Assembly, entitled, An Act for laying out a Public Road from the Frontiers of this Province, through the Counties of Mecklenburg, Anson, Rowan, and Cumberland, to Campbelton, have neglected to perform the Services by the said Act required of them:

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That so much of the before recited Act, as appoints John Polk, William Brooks, John Dunn, Michael Monroe, James Blythe, Archibald McAffey, and James Pickett, Commissioners, be, and is hereby repealed: And that William Moore, Matthew Rayford, Griffith Rutherford, Francis Locke, and Farquard Campbell, Esquires, be, and are hereby appointed Commissioners in their stead; who are hereby charged with the same Duties, vested with the same Powers and Authorities, and entitled to the same allowance, as the Commissioners appointed by the before recited Act were charged with, or entitled to; any Thing in the said Act to the Contrary notwithstanding.

CHAPTER XXII.
An Act for establishing a Town on the Land of Isaac Jones, lying on the North West Branch of Cape Fear River, in Bladen County.

I. Whereas it hath been represented to this Assembly, That the land of Isaac Jones, lying on the South West Side of the North West Branch of Cape Fear River, in Bladen County, is a healthy, pleasant Situation, well watered and Commodious for Commerce, and sundry Persons of Note are desirous that a Town should be erected thereon, for promoting the Trade and Navigatin of the said River; and the said Isaac Jones having signified his free Consent Thereto, by a Certificate under his Hand and Seal, to have One Hundred Acres, of the said land laid off for a Town:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the said One Hundred Acres of Land, when the same shall be laid off according to the Directions of this Act, be, and the same is hereby constituted, erected, and established a Town, and shall be called by the Name of Elizabeth Town.

III. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act, Walter Gibson, William Salter, James White, James Bailey, and Benjamin Humphrey, Esquires, be, and they, and every of them, are hereby constituted Directors and Trustees, for Designing, building, and carrying on said Town, and they shall stand seized of an indefeasible Estate in Fee of the said One Hundred Acres of Land, to and for the Uses, Intents, and Purposes, hereby expressed and declared; and they, or any Three of them, shall have full Power and Authority to meet as often as they shall think necessary, and to appoint a Public Quay at such Place on the said River for a Public Landing, as to them shall seem convenient and to lay out Three Acres of the said One Hundred for a Market Place, and other Public Buildings, and the Residue thereof into Lots, Streets, Lanes and Alleys, or so much of the same as will make at least One Hundred and Twenty Lots, of

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Half an Acre each, and cause a Plan thereof to be made, and therein to insert a Mark and Number to each Lot; and as soon as the said Town shall be laid off as aforesaid, they, and each of them, shall have power to take Subscriptions for the said Lots of such Persons as are willing to subscribe for them; and when the said Directors have taken Subscriptions for Seventy Lots or Upwards, they shall appoint a Day, and give Public Notice to the Subscribers of the Day appointed for the drawing of the said Lots, which shall be done by Ballot, in a Fair and open Manner, by the Direction, and in the presence of the Majority of the said directors at least; and such Subscriber shall be entitled to the Lot or Lots which shall happen to be drawn for him, and correspond with the Mark or Number contained in the Plan for said Town: And the said Directors, or a Majority of them, shall make and execute Deeds for granting and conveying the said One Hundred and Twenty Lots to the Subscribers, their Heirs and Assigns, forever; and also to every other Person who shall purchase any other Lot or Lots in the said Town, at the proper Cost and Charges of the said Grantee, to whom the said Lot or Lots shall be conveyed; and every Person claiming any Lot or Lots by Virtue of any such Conveyance, shall and may hold and enjoy the same in Fee Simple.

IV. Provided nevertheless, That every Grantee of any Lot or Lots in the said Town so conveyed, shall within Three Years next after the Date of the Conveyance for the same, erect, Build, and Finish, on each Lot so conveyed, one well framed or Brick House, Sixteen Feet Square at the least, and Nine Feet Pitch in the Clear, or Proportionable to such Dimensions, if such Grantee shall have Two or more Lots contiguous; and if the Owner of any Lot or Lots shall fail to pursue or comply with the Directions in this Act prescribed for building and finishing a House thereon, then such Lot or Lots, upon which such House shall not be built and Finished as aforesaid, shall be revested in the said Directors; and the said Directors, or a Majority of them, may, and are hereby impowered and authorized, to sell such Lot or Lots for the best Price that can be had, to any Person applying for the same, and grant and convey such Lot or Lots to such Person or Persons, under the like Regulations and Restrictions, as the same was or were formerly granted; and the Money arising from such Sales to be applied by the said Directors, or a Majority of them, for the Benefit and Improvement of the said Town.

V. And be it further Enacted, by the Authority aforesaid, That each respective Subscriber, who shall subscribe for any Lot or Lots in the said Town, shall within One Month after it shall be ascertained to whom each of the said Lots doth belong, in Manner hereinbefore mentioned, pay and satisfy to the said Directors, or to One of them, the Sum of Forty Shillings, Proclamation Money, for each Lot by him subscribed for; and in Case of the Refusal or Neglect of any Subscriber to pay the Sum, the said Directors shall and may commence and prosecute a Suit in their own Names for the same, and therein shall recover Judgment, with Costs of Suit: And the said Directors shall, as soon as they receive the said Money, pay and satisfy the said Isaac Jones, his Heirs or Assigns, the Sum of Thirty Five Shillings, Proclamation Money, for each Lot, in full satisfaction for the said Land; and the other Five Shillings shall be applied towards defraying the Expence of laying off and improving the said Town, as a Majority of the Directors shall think Proper.

VI. Provided nevertheless, That the said Isaac Jones shall have and keep to his Own Use his Tan Yard, Mill and Bark Houses, with such Lots as he shall choose adjoining them, not exceeding Four Lots, exclusive of the said One Hundred Acres; and that nothing in this Act contained shall be construed

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or extend to grant Power to, the said Directors, or their Successors, or any other Freeholder of the said Town, to keep a Public Ferry at the said Landing, so to be appointed by the said Directors, in Prejudice to the Ferry of the said Isaac Jones, now by Law established: And in Case it should hereafter be found necessary, to erect a Public or other Ferry at the said Landing, the Right of keeping the same shall remain to the said Isaac Jones, his Heirs or Assigns, until he or they shall refuse to comply with the Terms by Law prescribed for erecting and keeping Public Ferries.

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

VIII. And be it further Enacted, by the Authority aforesaid, That Thomas Owens, James White, William McRee, Walter Gibson, and William Salter, or the Majority of them, be, and they are hereby appointed Commissioners, and impowered and directed to agree and contract with Workmen for building a Court House, and finishing the Prison and Work house, on the Lot in the said Town allotted and laid off for the Public Buildings, for the Use of the said County of Bladen.

IX. And be it further Enacted, by the Authority aforesaid, That a Poll Tax of One Shilling and Four Pence, Proclamation Money, be laid on each Taxable Person of the said County of Bladen, for Three Years, for building the said Court House, and finishing the Prison and Work House therein; which said Tax shall be collected by the Sheriff of the County, and paid to the said Commissioners, at such Times, and in the same Manner, as other Taxes are collected.

CHAPTER XXIII.
An Act to impower the Executors of John McKildo, late Sheriff of Tyrrell County, to collect the Arrears of Taxes due for the said County in the Years therein mentioned.

I. Whereas great Deficiencies have arisen in the Collection of the Taxes for the County of Tyrrell, for the Years One Thousand Seven Hundred and Sixty Five and One Thousand Seven Hundred and Sixty Six, whereby the Securities of the said John McKildo are become liable to the Payment of large Sums to the Public.

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, Robert Lenox and Joseph Hewes, Executors of the said John McKildo, shall have full Power and Authority to receive and collect the Arrears of the Taxes due for the said County of Tyrrell, as it stood undivided at the Time when the said John McKildo was Sheriff, for the Years One Thousand Seven Hundred and Sixty Five and One Thousand Seven Hundred and Sixty Six, in the same Manner and Form as other Taxes are by Law to be collected.

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

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Robert Lenox and Joseph Hewes do collect and receive such Arrears of Taxes, according to the List and Rates for each of the said Years respectively appointed.

IV. Provided nevertheless, That if any Person, against whom any Demand for such Arrears of Taxes shall be made, shall produce a Receipt or Receipts of his having paid the same, or in Case of the Loss or mislaying of such Receipt or Receipts, shall make Oath before any Justice of the Peace, within Ten Days after such Demand made, of his having paid and discharged the same, or Part thereof, or that he was not at that Time a Taxable in the said County, and obtain a Certificate of the same from such Justice, such Person shall be exonerated and Discharged from the said Demand, either in Part or Whole, as the Case may be.

V. And be it further Enacted, by the Authority aforesaid, That the said Collectors shall give One Month's Notice, by Publicly advertising the same at the Court House and Chapels of the said County, of the Time and Place they will attend to receive such Arrears of Taxes; and all Persons paying the same on or before the Time appointed by such Notice, shall not be liable to pay any Cost or Charge: And if any Person or Persons shall fail to pay such Arrears of Taxes agreeable to this Act, it shall and may be lawful for the said Collectors, or such Person or Persons as they may appoint, to make Distress for the same, in the same Manner as is by law appointed for Sheriffs to distrain in other Cases of the like Nature.

CHAPTER XXIV.
An Act for granting a Bounty on the Exportation of Pot and Pearl Ash.

I. Whereas pot and Pearl Ash may be made in this Province to great Advantage, and if duly encouraged would tend greatly to increase the Trade and Commerce of the Country: In Order therefore to encourage the First Adventures in this Valuable Commodity, who generally labor under many Difficulties;

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That there shall be paid out of the Public Treasury of this Province to the Maker or Makers of Pot and Pearl Ash, the following Bounties, to-wit, For every Hundred Weight of Good, Merchantable Pot Ash, the Sum of Eight Shillings, Proclamation Money, and for every Hundred Weight of Good Merchantable Pearl Ash, the Sum of Fifteen Shillings, Proclamation Money, and so in Proportion for a greater or less Quantity: But previous to such Person or Persons being entitled to such Premium or Bounty, he, she, or they, shall produce to the Treasurer of the District in which such Pot or Pearl Ash was made, a Certificate upon Oath, signed by him, her, or them, and attested by some Lawful Magistrate of the County in which such Pot or Pearl Ash was made, ascertaining the Quantity and Quality of such Pot or Pearl Ash, the Place where the same was made, and by whom; and also a Certificate from the Naval Officer and Collector of the Port from whence such Pot or Pearl Ash shall have been shipped, certifying that the same therein mentioned had been duly exported, the Time when, and the Vessel's Name in which it was so shipped; and thereupon such Treasurer shall pay to the Maker or Makers of such Pot or Pearl Ash, or their Assigns, the aforesaid Bounties or Premiums, out of the Fund for Contingencies, and the same shall be allowed him in his Accounts.

III. And be it further Enacted, by the Authority aforesaid, That this Act

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shall continue and be in Force for the Space of Three Years, from and after the Passing thereof and no longer.

CHAPTER XXV.
An Act to amend an Act, entitled, An Act for settling the Bounds of Lands.

I. Whereas the Method prescribed by the before recited Act for appointing Processioners hath not answered the Ends thereby intended, and it being doubtful whether Processioners appointed in Virtue of the said Act have a Right to act:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the passing hereof, The Justices of the several Inferior Courts within this Province may, and they are hereby impowered, to lay off and divide their respective Counties into as many different Districts as to them shall appear necessary, and to appoint Two or more able and intelligent Freeholders in each of the said Districts to procession the Land within the same, in the same Manner as in and by the before recited Act is directed; and in Case of neglect or refusal in the said Justices or Processioners, he or they so offending, shall be subject to the same Penalties as by the said Act is inflicted; any Thing therein contained to the contrary notwithstanding.

III. And be it further Enacted, by the Authority aforesaid, That the Processioners aforesaid shall be allowed for their Trouble in the above Service the Sum of Two Shillings and Six Pence for every Tract of Land by them so processioned, to be paid by the Owner of the said Land.

CHAPTER XXVI.
An Act to amend an Act, entitled, An Act, for the Regulation of the Town of Hillsborough.

I. Whereas by an Act, entitled, an Act for the Regulation of the Town of Hillsborough, the Method of Working on, and repairing the Public Streets in the said Town, therein directed, hath been found inconvenient, and not to answer the purpose 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 a Majority of them, shall, and they are hereby required, within Twenty Days after the First Tuesday in May, in every Year, to lay such Tax as they may judge necessary, not exceeding Ten Shillings, Proclamation Money, per Poll, on all the Taxable Persons in the said Town; which Tax shall be collected by Warrant under the Hands and Seals of the Commissioners, or a Majority of them, directed to any Person they shall appoint to collect the same, returnable at such Time 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 a Majority of them, to be by them applied and laid out in clearing and repairing the Public Streets, Lanes, and Alleys, 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 the Inhabitants

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of the said Town shall, and they are hereby required to give in a List of all the Taxable Persons in each of their respective Families, on Oath, to some one of the Commissioners aforesaid, between the First and second Tuesdays in May in every Year, under the Penalty of Forty Shillings for every Neglect; to be recovered by Warrant, under the Hands and Seals of the Commissioners of the said Town, or the Majority of them, to be applied to the Public Stock of the said Town.

IV. And be it further Enacted, That all Persons residing Three Months in the said Town, next before the First Tuesday in May in every Year, shall afterwards be subject to pay Taxes in the said Town.

V. 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.

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

CHAPTER XXVII.
An Act to amend an Act for appointing Commissioners to build a Prison, Pillory and Stocks, on the lot whereon the Court House now stands, in Duplin County.

I. Whereas the Trustees appointed in the before recited Act have not discharged the Trust reposed in them within the Time limited in the said Act:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That Mr. Thomas Gray, Mr. Thomas Hix, Mr. William Dixon, Mr. Richard Clinton, and Mr. James Sampson, be, and they are hereby appointed Trustees in the Room and stead of those heretofore appointed; and they or the Majority of them, are hereby invested with the same Power and Authority, entitled to the same Privileges, and under the same Rules and Restrictions, as the Trustees by the before recited Act appointed.

III. And whereas by the said Act the Trustees were impowered to demand and receive from the Sheriff of the County a Sum of Money, not exceeding One Hundred and Twenty Pounds, to be by them applied to the Discharge of their Contracts for the Building and finishing the same; Part of which Money hath been by them received from the Sheriff, and remains in their Hands unappropriated; Be it Enacted, by the Authority aforesaid, That the Trustees by this Act appointed, or the Majority of them shall be, and they are hereby invested with Full Power and Authority, to receive into their Hands for the Purpose aforesaid, all Monies heretofore received by the Trustees, or any of them, from the Sheriff of the said County, in Virtue of the said Act, and also all Monies in the Hands of the said Sheriff unappropriated; and in Case of Refusal or Neglect, to proceed against such Trustees and Sheriff by Motion, in the Superior Court for the District; provided that Ten Days previous Notice of such Motion shall be given to the said Trustees, or Sheriff, as the Case may be.

IV. And be it further Enacted, by the Authority aforesaid, That in Case there shall not be a Sufficient Sum of Money remaining in the Hands of the said Trustees and Sheriff, that then it shall and may be lawful for the Court of the said County, and they are hereby directed and required, to lay such

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a Tax on the Taxable Persons in the said County, as shall be sufficient to answer the Purposes aforesaid; which said Tax shall be collected, accounted for, and paid by the Sheriff of the said County, to the Trustees herein named, in the same Manner, and under the same Rules and Restrictions, and subject to the same Method of Recovery, as by this Act is directed to be had in other Cases.

CHAPTER XXVIII.
An Act to continue an Act for the more Speedy Recovery of all Debts and Demands Under Five Pounds, Proclamation Money, within this Province.

I. Whereas an Act, entitled, An Act for the more speedy Recovery of all Debts and Demands under Five Pounds, Proclamation Money, within this Province will expire at the End of the present Session of Assembly; and the same being found Useful and convenient:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the before recited Act shall continue and be in Force during the Term of Six Months, from and after the passing hereof, and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER XXIX.
An Act for the relief of 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 Conveyance 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 Attornies, or proved by One or more of the Subscribing Witnesses to the same, and tendered or delivered to the Registers of the Counties where such Lands, Tenements, 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.

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CHAPTER XXX.
An Act for repairing the Gaol for the District of Halifax, in the Town of Halifax.

I. Whereas the Public Gaol for the District of Halifax, in the Town of Halifax, for want of due Repairing, is greatly decayed, and very insufficient for confining Criminals and Debtors therein:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That Montfort Eelbeck, John Bradford, Egbert Haywood, Solomon Williams, Benjamin McCulloch, Allen Jones, William Person, and William Clark be, and they are hereby appointed Commissioners; and they or a Majority of them, shall and may, and are hereby required, within Three Months after the passing of this Act, to agree and contract with Workmen to repair the same in the best and most substantial Manner, as to them, or a Majority of them, shall seem proper.

III. And be it Enacted, by the Authority aforesaid, That a Poll Tax of One Shilling shall be levied on each Taxable Person in the County of Halifax, and a Poll Tax of Six Pence on each Taxable Person in the Counties of Northampton, Edgecomb, and Bute, for One Year, that is to say, the Year One Thousand Seven Hundred and Seventy Three, to be collected and accounted for, and paid by the Sheriffs of the said Counties respectively, in the same Manner, and at the same Times, as Public Taxes are by Law directed to be collected and accounted for; and upon Failure of accounting for and paying the same to the Commissioners, the said Sheriffs shall be subject to the same Manner of Recovery, and under the same Pains and Penalties, as Sheriffs are for not accounting for and paying Public Money; which said Tax so collected, shall be paid to the Commissioners aforesaid, or a Majority of them, and by them shall be applied towards defraying the Expence, and paying the Workmen for repairing the said Gaol.

IV. And be it further Enacted, by the Authority aforesaid, That the Commissioners, or a Majority of them, after the repairs of the said Gaol shall be made, shall render an Account of the Monies by them received by Virtue of this Act, together with their Disbursements, to each Inferior Court in the District of Halifax; and the overplus, if any, shall be applied, towards the Contingent Charges of the said Counties.

CHAPTER XXXI.
An Act to continue the Tax imposed by an Act, entitled, An Act for building a Court House in the Town of Salisbury, for the District of Salisbury.

I. Whereas the Tax imposed by the before recited Act hath been found insufficient to answer the Ends thereby intended:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the said Tax be continued on, and collected from the several Taxable Persons in the Counties therein Mentioned, for the Year One Thousand Seven Hundred and Seventy Four, and no longer; any Thing therein contained to the contrary notwithstanding.

III. And be it further Enacted, by the Authority aforesaid, That an Additional Tax of Four Pence be collected from the several Taxable Persons within the County of Rowan for the Year aforesaid.

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CHAPTER XXXII.
An Act to dissolve the Vestry of Unity Parish, in Guilford County.

I. Whereas by an Act of Assembly passed in New Bern, in the Year of Our Lord One Thousand Seven Hundred and Seventy One, the Freeholders within the several Parishes therein mentioned were impowered to elect Vestries for their respective Parishes; and whereas undue Measures were made Use of in the late Election of Vestrymen in the Parish of Unity, in Guilford County.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the said Vestry of Unity Parish be hereby dissolved and set aside, as if never elected; and that any Tax that is laid by the Vestry aforesaid on the Taxable Persons of the said Parish, shall not be Chargeable upon the said Taxables, or be demanded, taken, or collected by the Sheriff, or any other Person whatsoever.

CHAPTER XXXIII.
An Act for erecting a Public Gaol, and Gaoler's House, in the Town of Wilmington, for the District of Wilmington.

I. Whereas no Public Gaol hath been heretofore erected by Law for the District of Wilmington, and it being necessary that a Public Gaol, and Gaoler's House, should be erected in the Town of Wilmington, for the said District:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That Cornelius Harnett, John Ancrum, and Robert Hogg, Esquires, be, and are hereby appointed Trustees, for designing Contracting, building, and finishing a Good and sufficient Gaol, and Gaoler's House, of Good Brick or Stone, at some Convenient Place in the said Town, as to them, or the Majority of them, or their Survivors, shall seem most Proper; which said Gaol and Gaoler's House, when so erected, shall be, continue and remain the Public Gaol, and Gaoler's House, of the several Counties within the District of Wilmington aforesaid.

III. And be it further Enacted, by the Authority aforesaid, That there shall be levied on each and every taxable Person within the several Counties in the said District, annually, for the Term of Two Years next after the passing of this Act, the respective Sums of Money following to-wit: On each Taxable Person in the County of New Hanover, the Sum of Two Shillings, Proclamation Money; and on each Taxable Person in the Counties of Onslow, Bladen, Duplin, Cumberland, and Brunswick, the Sum of One Shilling, like Money; which said Taxes shall by the Sheriffs of the several and respective Counties aforesaid, for the Time being, be collected, at the same Times in the same Manner, and under the same Penalties for Non-Payment thereof, as is directed by Law for collecting other Public Taxes: And the Money arising therefrom shall be accounted for and paid by the said several Sheriffs to the Trustees, or the Majority of them, or their survivors, as aforesaid, and shall by them be applied towards discharging the Contract they shall have entered into for erecting the said Buildings.

IV. And be it further Enacted, by the Authority aforesaid, That if any Sheriff who shall be chargeable with any of the Taxes by this Act assessed, shall neglect to account for, and pay to the Trustees aforesaid, or the Majority of them, or their Survivors, such Sums as he shall be chargeable with in Virtue of this Act, after deducting the usual Commissions for collecting,

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and such Insolvents as shall be allowed for by the Court of his County, the said Trustees, or the Majority of them or their Survivors, shall have the same Method of proceeding against such Sheriff, by Motion, as is by Law directed against Sheriffs for not accounting for other Public Money by them received.

V. And be it further Enacted, by the Authority aforesaid, That the Trustees aforesaid, or the Majority of them, or their Survivors, shall with all convenient Speed proceed to cause the said Buildings to be erected and finished, and shall immediately thereafter lay an Account of their proceedings herein upon Oath, of all Monies they shall receive and Pay on Account of the said Buildings, before the General Assembly; and the Surplusage of the said tax, if any, shall by them be paid to the Justices of the said several Counties, in Proportion to the Number of Taxables in said Counties respectively, to be applied towards the Contingent Charges of the said Counties.

VI. And be it further Enacted, by the Authority aforesaid, That the Lot of Ground in the Town of Wilmington whereon the County Gaol now stands, together with all the Buildings thereon, are hereby vested in the aforesaid Trustees, or the Majority of them, or their Survivors, to be by them sold at Public Vendue, if they shall judge it necessary, who are hereby impowered to make a Good and Sufficient title to the Purchaser or Purchasers for the same; and the Monies arising therefrom, to be by them applied towards purchasing another Lot or Lots in the said Town, for erecting thereon a Public Gaol for the District aforesaid.

VII. And be it further Enacted, by the Authority aforesaid, That after the said Gaol shall be finished, it shall and may be lawful for the Magistrates, or either of them, within the said District, before whom any Offender shall be examined, if he or they think it necessary, to commit such Offender to the aforesaid Gaol: And the Sheriff of the County for the Time Being where such Offender shall be apprehended, is hereby authorized and required to convey such Offender to the said Gaol, and deliver him or them to the Sheriff or Keeper thereof and take a Receipt of such Sheriff or Keeper which shall be his Discharge for such Offender.

VIII. And be it further Enacted, by the Authority aforesaid, That after the said Buildings shall be finished, the Sheriff of the County of New Hanover, for the Time Being, is hereby directed and required to employ some Person of Integrity to be Keeper of the said Gaol; who shall constantly reside in the said Gaoler's House, and take all Lawful Ways and Means for preventing the Escape of Prisoners.

CHAPTER XXXIV.
An Additional Act to an Act for erecting a Court House and Prison for the Use of the District of Edenton.

I. Whereas the several Funds appropriated by the before recited Act, have been found inadequate to the Purposes thereby intended.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That a Poll Tax of Two Shillings be levied on each Taxable Person within the County of Chowan, and of Eight Pence on each taxable Person within the Counties of Currituck, Pasquotank, Perquimans, Bertie, Tyrrell, and Hertford, to be collected for this and the Two next succeeding Years, by the Sheriff of the said Counties respectively, and

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accounted for and paid to the Trustees and Directors mentioned in the before recited Act, or to the Survivors of them, at the same Time, in the same Manner; and under the like Penalties, as by Law is directed for collecting, accounting for and paying Public Taxes.

III. And be it further Enacted, by the Authority aforesaid, That the said Trustees and Directors shall apply all such Monies as shall come to their Hands in Virtue of this Act, to the Purposes directed in the before recited Act; and shall enter into Bond, in the sum of Two Thousand Pounds, Payable to his Excellency the Governor, and to his Successors, with Condition for the faithful Discharge, of the Trust in them reposed by this Act; and that they will from Time to Time, and at all times when they shall be called upon, lay a just State of their Transactions before the Assembly, or such Committee as shall be appointed to settle and adjust the Public Accounts; which Bond shall be lodged with the Clerk of the Superior Court for the District of Edenton.

IV. And be it further Enacted, by the Authority aforesaid, That if the Tax arising in Virtue of this Act should be more than Sufficient to compleat the Buildings as mentioned in the before recited Act, the Surplus thereof shall by the Trustees and Directors be paid to the Court of each County, in Proportion to the Sum collected from each of the said Counties, and paid by the Sheriff to the said Trustees and Directors.

V. And be it further Enacted, by the Authority aforesaid, That the said Gaol when finished, shall be deemed the proper Prison for the Commitment and Confinement of all Traitors, Felons, and other notorious Criminals, who shall be apprehended in any of the Counties constituting the said District; and the Sheriff, Coroner, or other Officer, who shall have such Criminal in Custody, shall have full Power and Authority to convey him to the said Gaol and deliver him to the Sheriff of Chowan County, or to the Keeper of the said Gaol, with the Mittimus, or Paper containing the Cause of such Commitment; which Sheriff or Keeper of the said Gaol, is hereby commanded and required to receive into the said Gaol, all such Prisoners delivered to him as aforesaid, and shall give to such Sheriff, Coroner, or other Officer, from whom he shall receive such Prisoner, a Receipt, acknowledging that he has received into his Custody such Prisoner and Mittimus, or Paper containing and setting forth the Cause of the Commitment; and shall retain all Persons committed in Virtue of this Act in close Gaol, until they shall be released by due Course of Law.

Read three times, and ratified in open Assembly, the sixth Day of March, A. D., 1773.

JOSIAH MARTIN, ESQUIRE, Governor.
James Hasell, President.
JOHN HARVEY, Speaker.