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Acts of the North Carolina General Assembly, 1774
North Carolina. General Assembly
March 02, 1774 - March 25, 1774
Volume 23, Pages 931-976

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LAWS OF NORTH CAROLINA, 1774.

At an Assembly, began and held at New Bern, the Second Day of March, in the Fourteenth 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-four; being the Second Session of this Assembly.—Josiah Martin, Esq., Governor.

CHAPTER I.
An Act for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province, and for regulating the Proceedings therein.

I. Whereas the establishment of Inferior Courts for the trial of causes and punishing offenders under proper limitations and restrictions would be of great utility in the several counties within this Province.

II. Be it therefore Enacted by the Governor, Council and Assembly and by the authority of the same, that within every County within this Province a Court, quarterly in every year, shall be held by the Justices thereof, at the several respective places already assigned for that purpose, or at such place or places as shall be hereafter lawfully appointed, on the Days hereinafter limited for each County respectively; which Courts shall be called Inferior Courts of Pleas and Quarter Sessions and taken and held to be Courts of Record.

III. 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 by law appointed, or which shall be appointed to be taken 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 counsel 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 anything 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.

IV. And if any person whatsoever shall presume to execute the office of a Justice of any Inferior Court without first qualifying himself agreeable to the directions of this Act he shall forfeit One Hundred Pounds to be recovered with costs by action of Debt in the Superior Court of Justice, one half to the use of his Majesty, his Heirs and Successors towards defraying the Charges of Government, the other half to the Informer.

V. And be it further enacted by the authority aforesaid, that the said

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Inferior Court of Pleas and Quarter Sessions, shall be constantly held upon the days hereinafter specified for every county respectively, that is to say for the Counties of Dobbs and New Hanover on the first Tuesdays in January, April, July and October; Martin, Onslow, and Anson on the second Tuesdays in January, April, July and October; Perquimans on the third Monday in January, April, July and October; Edgecombe, Duplin and Mecklenburg on the third Tuesdays in January, April, July and October; Cumberland, Pitt and Tryon on the fourth Tuesdays in January, April, July and October; Granville, Bladen and Rowan on the first Tuesdays in February, May, August and November; Chatham, Surry, Bute and Bertie on the second Tuesdays in February, May, August and November; Guilford, Halifax and Tyrrell on the third Tuesdays in February, May, August and November; Hertford and Orange the fourth Tuesday in February, May, August and November; Johnston the last Tuesday in February, May, August and November; Northampton, Wake, Hyde and Currituck the first Tuesdays in March, June, September, and December; Craven and Pasquotank the second Tuesday in March, June, September and December; Carteret, Chowan, Beaufort and Brunswick the third Tuesday in March, June, September and December; and every adjournment shall be to the next succeeding Court in course and not otherwise.

VI. 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.

VII. Provided also, that if through sickness or other inability, badness of weather or other accident 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.

VIII. 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 Court, but in every such case all such process, matters and things depending shall stand continued and all appearances upon return 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 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.

IX. 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 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, Damage or cause of action is above Five Pounds Proclamation Money and shall not exceed the sum of Twenty Pounds like money (Action of Trespass in Ejectment, Formedon in descender, Remainder and Reverter, Perjury and Felony and such criminal causes where the judgment upon

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conviction shall be for the loss of life or member excepted) all Petit Larcenies, Assaults, Batteries, and Trespasses, other than such trespasses where the title of the Freehold 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 Twenty Pounds Proclamation Money; and the said Justices of the Peace and every of them at all times during their continuance in that office as well within their Inferior Courts 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.

X. 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 to them made compel 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 thereof, and also to receive the probate of wills and order the same to be recorded, and make orders for issuing Letters Testamentary and of Administration.

XI. Provided always, that any person who claims a right to execute any 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.

XII. And be it further enacted by the authority aforesaid, that any Person admitted Clerk of any Inferior Court within this Province before he enters upon the execution of his said office, shall give bonds to the Justices of their respective Courts with two sufficient securities in the penalty of one thousand pounds for the safe keeping of the Records, and the faithful discharge of his duty in his said office, which said Bond shall be recorded and lodged in the Secretary's office and in case of a breach in the condition thereof may be put in suit for the benefit of, and at the proper cost and charges of the party or parties injured, and shall not become void upon the first recovery or if judgment be given against the said justices, but may from time to time be put in suit by action of Debt on 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. And shall also take the oaths by Law appointed for the Qualification of Public Officers, repeat and subscribe the Test, and also take the following oath towit:

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.

XIII. And for the better preservation of Wills, Be it 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.

XIV. And be it further enacted by the authority aforesaid, that the Clerk of every Inferior Court in the month of October annually shall return into the Secretary's office a list of all certificates for obtaining probates, or administration granted by their respective Courts from time to time, containing

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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 for every such order therein mentioned.

XV. 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.

XVI. And be it further enacted by the authority aforesaid, that the said Inferior Court of Pleas and Quarter Sessions respectively shall, and they are hereby authorized and empowered 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 or Parish taxes are, or shall be by Law directed, and by him accounted for and paid to the Court of their order: And all Debts or 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 Body, Goods or Chattels 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.

XVII. 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, in a summary manner, without any further 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. Provided also, that the Justice before whom such suit was first heared and determined, shall not sit in Court or give judgment on the trial of such appeal.

XVIII. And be it further enacted by the authority aforesaid, that the party or parties against whom such judgment shall be granted where the sum is above forty shillings may be allowed upon giving sufficient security a stay of execution for any term of time not exceeding two months, which security in like manner as the principal shall be liable to the execution of the plaintiff if not discharged at the expiration of the term.

XIX. And be it further enacted by the authority aforesaid, that every Sheriff, Deputy Sheriff, Constable or any other person who for want of such has been particularly appointed shall be allowed two shillings and eight pence for executing every warrant, attachment or execution and one shilling for every subpoena for witnesses, and so in proportion for every person against whom such warrant, execution or subpoena is directed, where the service is actually performed.

XX. And whereas original and judicial attachments are essentially necessary to the commercial interest of this Province, Be it therefore enacted by the authority aforesaid, that when any original or judicial attachment shall be hereafter prosecuted in any Inferior Court of this Province they

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shall be governed by the Rules, and be under the same restrictions as may hereafter govern that proceeding in the Superior Courts existing at the time of such attachment issuing.

XXI. And be it further enacted by the authority aforesaid, that the proceedings to be had upon attachments before any justice of the Peace shall be under the same Rules and subject to the same Regulations as are by this Law directed to govern that process in the Inferior Courts of this Province due respect being had to the jurisdiction of such Court.

XXII. And be it further enacted by the authority aforesaid, that all original process by writ, summons, petition or by any 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.

XXIII. 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 Court of Pleas and Quarter Sessions on any Criminal Prosecution, or in His Majesty's behalf, but the same may be returnable on any day within 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 anything herein contained to the contrary notwithstanding.

XXIV. 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, and entry thereof made on the docket of the Court to which such Writ or Process shall be returnable, then and in such case the Sheriff shall be taken and stand Bail for the defendant, and the Plaintiff may proceed in his suit for 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.

XXV. Provided always that if the defendant puts in Bail before time to plead given him by the rules hereafter mentioned is expired, then the Sheriff shall be discharged.

XXVI. Provided also, that the Sheriff may surrender the defendant in discharge of himself at any time before final judgment obtained against the defendant.

XXVII. 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

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Quarter Sessions, for any Debt, Damages, Portion or Legacy, or Proportion of Intestate's Estate, and the person against whom any 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 in this Province where the Defendant or Debtor or his Goods shall be found, which said 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.

XXVIII. 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 out 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 Process executed the Plaintiff shall file his Declaration according to the Rules of the Court and be entitled to a judgment.

XXIX. And for the regular prosecution and determination of suits, entering up judgment and preservation of the Records, Be it enacted by the authority aforesaid, That the following Rules and methods shall be observed, to-wit:

1. 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.

2. That if the Plaintiff shall fail to file his declaration or appear and prosecute his suit, the Defendant may enter a Nol Pros.

3. That the Defendant shall 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.

4. 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.

5. That all issues whether General or Special shall be heard and tried the next succeeding Court unless a sufficient cause is shown to such Court why such cause should be continued.

6. That all causes at issue ready for trial be first heard and tried.

7. That every motion and 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 and Judgment, unless upon sufficient reasons shown and approved of by the Court further time shall be allowed.

8. That when any special verdict shall be found, for Demurrer to Evidence at the motion of either party, time shall be allowed to the next succeeding Court for hearing.

9. That the Clerk of every Inferior Court of Pleas and Quarter Sessions when any cause is finally determined shall enter all Pleadings

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and other matters relating thereto in a book kept for that purpose, that an entire and perfect Record may be made up.

XXX. And for prevention of delay and vexation by dilatory Pleas, Be it further enacted by the authority aforesaid, that no Plea in Abatement shall be received in any action or suit unless the truth thereof be sufficiently shown 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.

XXXI. And for granting appeals from the Inferior Courts of Pleas and Quarter Sessions to the Courts appointed for hearing and determining Writs of Error and appeals from the Inferior Courts, and for 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, where the sum exceeds Five Pounds, he may pray an appeal from the Judgment sentence or decree of such Court, to the next Court for hearing and determining appeals and Writs of Error, that may be held for 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 performing the Judgment Sentence or Decree that the Court for hearing and determining Appeals and Writs of Error, shall enter or make thereon in case such appellant shall be cast.

XXXII. Provided nevertheless, that no appeal shall be granted to any Defendant where the Recovery against does not exceed Five Pounds Proclamation money, nor until such Defendant shall pay down in Court the full amount of the recovery and Costs to be lodged with the Clerk of the said Court to wait the event of the determination of such appeal.

XXXIII. And because it may happen that in issuing 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 by the authority aforesaid that where 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 aforesaid mentioned and the Court is hereby Impowered and required to allow thereof as if such Writ of Error was then and there produced.

XXXIV. 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 Plaintiff or Defendant conceives he is injured by the Judgment Sentence or Decree of any Inferior Court, and shall have appealed to the Court for hearing and determining Appeals and Writs of Error in manner above directed a Transcript of the Proceedings of the Inferior Court shall be filed with the Clerk of the Court for hearing and determining Appeals and Writs of Error, fifteen days before the sitting of the Court, and if the Trial in the Inferior Court was of and issued to the County, 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 Intestates Estate or other matter thereto relating a rehearing at the said Court without notice given by either party, and if such Transcript of

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the Proceedings is not filed within the time aforesaid with the Clerk of the Court for hearing and determining Appeals and Writs of Error, 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 Court for hearing and determining Appeals and Writs of Error, but when it so happens that there are not thirty days between such Trial or hearing and the Court for hearing and determining Appeals and Writs of Error, such Appeal shall be continued and a Transcript of the Proceedings transmitted to the Court for hearing and determining Appeals and Writs of Error, next after; and where any Defendant will prosecute 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 Court for hearing and determining Appeals and Writs of Error, fifteen days before the Court, and the party prosecuting such Writ 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 Court for hearing and determining Appeals and Writs of Error.

XXXV. 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 the 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 in any court of Record, and the said Clerk shall also be further liable to an action on the Case for all such damages as such Person shall sustain for want thereof.

XXXVI. And for the better discovery of the Truth in any matter whatsoever before the Inferior Courts, Be it enacted by the Authority aforesaid, that the Clerk of every such Court may and he is hereby authorized and required upon the request of either Party to issue one or more summons or summonses for any Person or Persons to attend as a Witness or Witnesses in any Cause depending upon them, directed to the Sheriff or other officer of the County where such Witness or Witnesses do live or usually reside who is hereby impowered and required to serve such summons or summonses, and te Witness or Witnesses thereby summoned shall appear according to the Tenor thereof, and every Person or Persons so summoned and attending shall have and receive the sum of three shillings for every day he shall attend and three half pence for every mile he shall travel in coming to, and returning from such Court, with an allowance for ferriages; And 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 Ten 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, unless

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such Person show sufficient cause at the next Court to be approved, of his or her incapacity to attend.

XXXVII. And be it further enacted by the authority aforesaid, that during the attendance of any Person summoned as a Witness in any of the said Courts and as such Person is going and returning from the place of such attendance, allowing one day for every twenty-five miles such Person's residence shall be distant from the same, no Sheriff or other officer shall serve or execute on any Person so attending, going to, or returning from such Court any Writ, Process, Warrant, Order, Judgment or Decree in any Cause, and if any such shall be served or executed, the same shall, and is hereby declared null and void. And when any Witness is aged, infirm, or otherwise incapable of attending the Court, or resides out of the County, such Court upon motion of either Party, and the truth thereof appearing, may grant a Dedimus to take the Examination of such Witness or Witnesses which when duly returned shall be received as legal Evidence.

XXXVIII. Provided always that the party praying such Commission as aforesaid shall give notice to the adverse Party of the time and place when and where such Commission is to be executed as the Court shall think proper, and the adverse Party shall have leave to cross-examine any Witness or Witnesses whose deposition shall be so taken, and all depositions otherwise taken than is herein directed, unless by consent of Parties, shall be void to all intents and purposes.

XXXIX. And be it further enacted by the Authority aforesaid that every Person summoned to appear as a Witness in any of the said Inferior Courts in manner as hereinbefore directed, shall appear according to such summons and continue to attend from day to day until discharged by the Court or by 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 or Usage to the contrary notwithstanding.

XL. 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 of 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 transported and carried off the Dockets in 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 in the Docket of the said late Inferior Courts respectively, and shall be proceeded on and determined by the said Courts according to the method by this Act directed, as if the same had been originally commenced therein.

XLI. 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 therein, any Law, Usage or Custom to the contrary notwithstanding.

XLII. And be it further enacted by the Authority aforesaid, that the Courts hereby constituted shall possess all the Rights, Powers and Authorities which the Precinct Courts, Inferior Courts, or County Courts of this Province have

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heretofore had, held, and enjoyed, due respect being had to the several limitations and Restrictions in this law heretofore mentioned.

XLIII. And be it further enacted by the Authority aforesaid, that the time elapsed since the expiration of the late Inferior Court Law to the passing of this Act, shall not be allowed of in any Plea of Limitation, or in the computation of time allowed for proving accounts under the Act ascertaining the method of proving Book debts.

XLIV. 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 Court respectively which said Jurors 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 Court for the Sheriff by order of the said Court to summon of the by-standers other Jurors 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.

XLV. And to enforce the attendance of Jurymen at the said Court, Be it enacted by the Authority aforesaid, that every Person, who shall hereafter be summoned in virtue of this Act to appear either as a Grand or Petit Juror at any of the said Courts and shall fail to appear and give his attendance till discharged by order of the Court, such Person so failing to appear or give his attendance till discharged, shall be fined forty shillings by the Justices of the said 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.

XLVI. And be it further enacted by the Authority aforesaid, that this Act shall continue and be in force during the Term of one year, and from thence to the end of the next Session of Assembly, and no longer.

CHAPTER II.
An Act to Establish a Militia for the Security and Defence of this Province.

Whereas a Militia may be necessary for the defence and safety of this Province.

I. Be it Enacted by the Governor, Council and Assembly and by the Authority of the same That all Freemen and Servants within this province between the Age of Sixteen and Sixty shall compose the Militia thereof and that the several Captains of the same shall Enroll the names of all such Freemen and Servants of which their several Companies consist and shall at their respective General Musters return a Copy thereof to the Colonel of their respective Regiments under the Penalty of Five Pounds Proclamation money to be levied by a Warrant of Distress from the Colonel of their Regiment directed to the Sheriff of the County to which the said Regiment belongs which Sheriff shall be paid out of the said Penalty the sum of ten Shillings: and in case any Sheriff shall neglect or refuse to serve such Warrant he shall forfeit and pay the sum of five pounds to be recovered by action of Debt in any court of Record and be applied as hereinafter directed which Copy so returned shall by every Colonel be returned to the Governor or Commander in Chief for the time being under the like Penalty and that all persons after being so Enrolled who shall at any time (Unless

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rendered incapable by sickness or other accident) neglect or refuse when called upon to appear at such times and places where Ordered by the Colonel or Commanding Officer, there to be mustered, Trained and exercised in Arms and be provided with a well fixed Gun shall forfeit and pay if at a private Muster five Shillings, if at a General Muster Ten Shillings and shall also be provided with a Cartouch Box, Sword, Cutlass, or Hanger, and have at least Nine Charges of powder made into Cartridges and sizeable Bullets or Swann Shot and three Spare Flints a Worm and a picker under the Penalty if at a private Muster the Sum of two Shillings and Six pence if at a General Muster Five Shillings to be levied by a Warrant of distress from the Captain of the Company directed to the Serjeant of the same who is hereby impowered to Execute the said Warrant and distrain for the said Fines and Penalties in the same manner as Sheriffs are impowered to distrain for public Taxes and shall make return thereof to the Captain which Serjeant shall deduct one Shilling and four pence out of every Fine so levied and in Case such Serjeant or Serjeants shall neglect or refuse to serve any Warrant' or Warrants to him or them so directed he or they for such Neglect or refusal shall be fined Twenty Shillings to be recovered by a Warrant from the Captain directed to any other Serjeant under the same Penalty to be accounted for and applied as other fines in this Act directed.

II. Provided always, That every Absentee shall be allowed till the next succeeding muster to make his excuse before the captain shall issue his Warrant unless against such Defaulters as he may Suspect are about removing themselves out of the County before such succeeding muster in which Case it shall and may be lawful for the Captain to issue a Summons to cause such suspected person to appear before him to make his Excuse for such absence and upon hearing the same or upon the persons refusing to obey such summons the Captain shall then proceed as to him shall seem just and every Person that shall be fined by virtue of this Act and shall think himself injured by his Officers may appeal to the next Court Marshall first giving Security in the Sum of Twenty Shillings Proclamation Money to appear and abide by the Judgment of the said Court and if Judgment shall be against him that he will then and there pay the fine with two shillings Costs.

III. Provided also, That no member of his Majesty's Council, no member of Assembly, no Minister of the Church of England, no Protestant Dissenting Minister regularly called to any Congregation in this Province, no Justice of the Superior Courts, Secretary, Practising Attorney, no man who has borne a Military Commission as high as that of a Captain or Commissioned Officer who has served in the army, no Justice of the Peace, nor any Person who hath acted under a Commission of the Peace, no Clerk of the Court of Justice, Practicing Physician, Surgeon, Schoolmaster having the Tuition of ten Scholars, Ferryman, Overseer having the care of six Taxable Slaves, Inspectors, Public Millers, Coroners, Constables, Overseers and Commissioners of Public Roads, Searchers, or Branch Pilots so long as they continue in office shall be obliged to enlist themselves or appear at such musters.

IV. Provided nevertheless, That in case any such Overseer having the Care of six Taxable Slaves shall be seen in the muster Field on the days of General or Private musters they shall be liable to a Fine of forty shillings to be levied by a Warrant from the Colonel or Commanding Officer and applied as other Fines in this Act directed.

V. And be it further Enacted by the Authority aforesaid, That if the Captain, Lieutenant, or Ensign, or any two of them shall adjudge any Person or Persons enrolled as aforesaid to be incapable of Providing and furnishing

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him or themselves with Arms, Ammunition and accoutrements required by this Act every such person shall be exempt from the fines and forfeitures imposed by virtue of this Act until such Arms, Ammunition, and Accoutrements shall be provided for and delivered him by the Court Martial to be paid for out of the Fines already collected and that may be hereafter collected such Court Martial first taking security for the safe keeping and returning such Arms, Ammunition and Accoutrements when required.

VI. And be it further Enacted by the authority aforesaid, That the Captain of every Company within this province shall and they are hereby required to Choose a Clerk, three Serjeants, three Corporals and a Drummer for the said company which said Clerk shall give his attendance with his Sword by his side on every Muster day and call over the Roll of the Company and take notice of the Persons who are absent on each of the said Muster days and return upon Oath a true list of the Absentees to his Captain and shall also before they proceed to their Exercise read distinctly and with an Audible Voice at the head of his Company this Act and if the Clerk, Serjeants, or Corporals, or any of them so Chosen shall refuse to Act in the Office he is appointed to he shall forfeit and pay the sum of Forty Shillings.

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

VIII. And be it further enacted by the Authority aforesaid, That every Person who shall neglect or refuse on call or Alarm given to appear at such times and places as shall be appointed by his Captain or other Officer shall forfeit and pay Ten Pounds Proclamation Money to be levied by a Warrant from the Colonel or Commanding Officer for that service directed to the Sheriff of the County where the offender resides and such Sheriff who is hereby directed and required to Execute the same shall for every neglect or refusal forfeit and pay the sum of Ten Pounds Proclamation Money to be recovered by Action of Debt in any Court of Record in this Province and any Person who shall refuse to March against the Enemy when Commanded or refuse or Neglect to do his duty or perform the Service he is put upon by such Captain or other Officer or shall quit his post, desert his Colours or Mutiny, it shall and may be lawful for one Field Officer or more, three Captains, three Lieutenants and three Ensigns or the Majority of them openly to hold a Court Martial first taking the following Oath towit:

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

And on Tryal and Conviction to Punish the Offender according to Martial Law as the nature of the offence may require (death excepted) and for want of such number of offiers to Compleat a Court Martial the offender shall be put under a Guard until such time as there are a sufficient number to hold a Court Martial aforesaid.

IX. And be it further Enacted by the Authority aforesaid, That the respective Officers of the Militia and the private men when in Actual Service shall from the day they are Ordered on duty be paid according to the rates following to-wit:

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A Colonel p. day 12s 6d
A Lieutenant p. day 10s
A Major p. day 10s
A Captain p. day 7s 6d
An Aujutant p. day 7s 6d
A Lieutenant and Chirurgeon each p. day 5s
An Ensign p. day 4s 6d
A Clerk p. day 4s
A Serjeant p. day 4s
A Corporal and Drummer each p. day 3s
Every private Man p. day 2s

And Eight pence p. day to the Commanding Officer for victualing each Man.

X. And be it further Enacted by the Authority aforesaid, That every Captain of a Company shall once within every Six Months at such times and places within their Several Districts as their respective Colonels shall appoint muster his Company and see that every Soldier in his said Company be furnished with such Arms, Ammunition and Accoutrements as in and by this Act is directed under the Penalty of three pounds for each Muster he shall neglect to be levied by a Warrant of Distress from the Colonel or Commanding Officer of the County in Manner aforesaid and be applied as by this Act is directed and that each and every Company shall consist of not less than fifty men exclusive of Officers.

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

XII. And be it further Enacted by the Authority aforesaid, That if any Soldier shall during the time of Muster resist his Commanding Officer or refuse his Lawful Commands such Soldier shall be punished at the discretion of his officer by being tied Neck and Heels not exceeding fifteen minutes, picqueted or ride the Wooden horse and if any Officer or Soldier shall refuse to Carry such Commands into execution he or they so offending shall forfeit and pay the sum of five pounds Proclamation Money to be levied by a Warrant from any Field Officer in the Regiment and applied as other Fines mentioned in this Act.

XIII. And be it further Enacted by the Authority aforesaid, That if any Number of Men not less than thirty nor exceeding Sixty including officers belonging to any of the Regiments within this province shall desire to form themselves into a Troop of Horse it shall and may be lawful for such persons by and with the Assent of the Colonel of the Regiment to form themselves into a Troop and give a list of their names to the Colonel who shall forthwith return the same under his Hand and Seal to the Governor or Commander in Chief of this province for the time being and it shall and may be lawful for the said Governor or Commander in Chief to appoint and Commissionate a Captain, Lieutenant and Cornet to the said Troop and when the Commanding Officers of the said Troop are ready and shall Exercise the said Troop and not before the Persons so Enrolled in the said Troop shall be and are Exempt from their Service in the foot Companies. And the Officers and private men of the said Troop shall afterwards be subject to Muster as many times as well with regard to private Musters as to General Musters of the County and under the same penalties as in and by this Act is before directed for the foot Muster.

XIV. And be it further Enacted by the Authority aforesaid, That every Trooper shall be provided with a good serviceable Horse not less than

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fourteen Hands High with a good Bridle, Saddle, housing Holsters, Breastplate and Crupper, a Case of good Pistols and good Broad Sword, Twelve Charges of Powder, Twelve Sizeable Bullets, a pair of Shoe Boots with suitable Spurs and a Carbine well fixed with a good Belt Swivel and Bucket.

XV. And be it further Enacted by the Authority aforesaid, That the Colonels of each and every Regiment shall once a Year cause a General Muster to be made of their respective Regiments at the Court house of their County which if any of them shall fail or neglect to do and shall fail to appear at such Muster (sickness or accident excepted) he or they so offending shall forfeit and pay the sum of Twenty pounds to be recovered by action of Debt, Bill, plaint or Information in any Court of Record within this province one-half thereof to such Person who shall sue for the same and the other half to be applied as other Fines in this Act directed.

XVI. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the Field Officers and Captains of every County or the major part of them whereof the Colonel, Lieutenant-Colonel, or Major, shall be one and they are hereby directed and required to meet at the Court House of their respective Counties on the day next following their respective general musters which shall be in their Counties then and there to hold a Court Martial which said Court shall have full power to enquire into the Age and abilities of all persons enlisted and to exempt such as they shall judge incapable of service and of all Neglects and omissions as well by any Officers as delinquents and to hear and determine all appeals which shall be made to the Court from any Officer or Soldier who may think himself unjustly fined by his Captain and to Order and dispose of all fines in the first place for Buying drums, Colours and other necessaries for the use of the Company from whence the same shall arise and afterwards with supplying the Militia with Arms and the said Court is hereby directed and required to keep a Register of all their proceedings and for that purpose to appoint a Clerk and allow him a reasonable Salary out of the Fines.

XVII. And be it further Enacted by the Authority aforesaid, That the Court Martial of every County shall have full power from time to time to call the Sheriff or any other person or persons whatsoever to account on Oath who shall pay to them the monies in the Hands of him or them belonging to their respective Regiments that have accrued or that may become due by virtue of this or any former Militia Act and if any Sheriff or other person shall refuse or neglect to appear account and pay as aforesaid he shall forfeit and pay the sum of Fifty Pounds to be recovered with Costs by the Colonel of the regiment to which such Money is or may become due by Action of Debt or Information in any Court having cognizance thereof and to be applied to the use of the Regiment and when any suit shall be brought by the Colonel and he shall happen to die or be superseded before such suit shall be determined the same shall and may be carried on by the succeeding Colonel in the name of his Predecessor who brought such suit and the death of the Colonel or his being displaced shall not be pleaded in abatement of such suit nor be deemed matter of Error any Law Usage or Custom to the contrary notwithstanding.

XVIII. And be it further Enacted by the Authority aforesaid, That every Colonel failing to appear at such Court and every Lieutenant-Colonel or Major failing to appear at the General Muster or such Court as aforesaid for every such Offence shall forfeit and pay the sum of five pounds proclamation Money and every Captain failing as aforesaid shall forfeit and pay three pounds and every Lieutenant or Ensign failing to appear at the General Muster Forty Shillings unless they shall make such excuse for their

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Absence to the next succeeding Court as the said Court shall judge sufficient and every Captain or in his Absence the Clerk of the said Company shall return on Oath an exact list of the Persons who have been fined and whether for absence or want of Accoutrements and every Captain shall then and there pay into the Court all such fines as he shall have received under the penalty of fifty pounds to be levied by a Warrant from the Colonel which said Fine shall be applied as other Fines by this Act directed.

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

XX. And be it further Enacted by the Authority aforesaid, That no Officer or Soldier ordered and directed by this Act to appear at Muster as aforesaid shall be liable to be taken or arrested by any officer in any Civil Action or process whatsoever on the day such person is directed to appear or in any reasonable time either in going to continuing at or returning home from the place appointed to Muster but every such arrest is hereby declared to be ipso facto void and all officers are hereby required to take notice thereof any Law Usage or Custom to the Contrary notwithstanding.

XXI. And be it further Enacted by the authority aforesaid, That every person liable to appear or muster going to or returning from any Muster shall be suffered to pass over any Bridge and shall be put over any Ferry without delay free from any Charge whatsoever and if any Ferryman shall demand, delay or refuse to put such person or persons over he shall forfeit and pay for every such offence the Sum of Twenty Shillings to be recovered by a Warrant from a Justice of the Peace one-half to the Informer the other half to the use of the Parish where the offence was Committed.

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

XXIII. And be it further Enacted by the Authority aforesaid, That an Act passed in the Year One Thousand seven hundred and seventy, entitled “An act for an Addition to and Amendment of an Act entitled, An Act for appointing a Militia;” and this act be and continue in force for and during the term of One Year from and after the passing hereof and from thence to the end of the next Session of Assembly and no longer.

CHAPTER III.
An Act to establish Courts of Oyer and Terminer and General Gaol Delivery and for vesting in the several Inferior Courts of Pleas and Quarter Sessions the power of appointing Jurymen for the said Courts of Oyer and Terminer and regulating the Proceedings therein and also for constituting the Judges thereof a Court for hearing and determining Appeals and Writs of Error.

Whereas it is necessary for the due Administration of Justice, that Courts of Oyer and Terminer, under proper regulations, should be held in the several districts of this Province.

I. Be it therefore Enacted by the Governor, Counsel and Assembly and by the Authority of the same, that the Governor or Commander in Chief for the time being, be hereby impowered and authorized to issue a Commission

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of Oyer and Terminer and General Gaol Delivery, under the great Seal of this Province—directed to the Chief Justice for the time being, impowering him to hear and determine all offences, whether Capital or of an inferior degree, against His Majesty's peace and Government, which may have been committed or shall be hereafter committed within this Province, and give Judgment and award Execution thereon, and also to hear and determine all Appeals and Writs of Error which may be brought before him from any Inferior Court.

II. And be it further enacted by the Authority aforesaid, That the Governor or Commander in Chief for the time being, shall also issue a Commission of Oyer and Terminer to two Persons resident in each District, being men of Ability, Integrity, and learned in the law, impowering them or either of them, in case of the absence of the Chief Justice, thro' sickness or any other cause, within the respective District where they reside and not elsewhere, to hold a Court of Oyer and Terminer, who shall have and possess the same powers and authority which by this Act is given, or is intended to be given by the Chief Justice in the same District, in case of his personal attendance.

III. And be it further Enacted by the Authority aforesaid, That a Court of Oyer and Terminer shall be held at Wilmington for the Counties of New Hanover, Onslow, Bladen, Duplin, Cumberland and Brunswick, on the Twentieth day of July and January at Salisbury for the Counties of Rowan, Anson, Mecklenburg, Tryon, Guilford, and Surry on the first day of June and December.

At Hillsborough for the Counties of Orange, Granville, Wake and Chatham on the tenth day of June and December.

At Halifax for the Counties of Halifax, Northampton, Edgecombe and Bute on the Twentieth day of June and December.

At Edenton for the Counties of Chowan, Perquimans, Pasquotank, Currituck, Bertie, Tyrrel, Hertford, and Martin on the first day of July and January.

And at New Bern for the Counties of Craven, Carteret, Beaufort, Johnston, Hyde, Dobbs and Pitt on the tenth day of July and January. And each of the said Courts shall continue to be held for the space of five days exclusive of Sundays by adjournment de die in diem, unless the business shall be concluded in a shorter term of time.

IV. And be it further enacted by the Authority aforesaid, that the Justices of the Inferior Courts shall, and they are hereby directed before the sitting of the Courts of Oyer and Terminer and General Gaol Delivery of their respective districts, to nominate Twenty-four Freeholders to serve as Grand Jurymen, and Twenty-four Freeholders to serve as Petit Jurors at such Court.

V. 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: New Hanover Twelve, Bladen eight, Duplin Eight, Onslow Eight, Cumberland Six, Brunswick six, —— to serve as Jurors at the Court of Oyer and Terminer to

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be held at Wilmington; for the said Counties: Rowan Twelve, Anson Seven, Mecklenburg Seven, Tryon Eight, Surry Seven, and Guilford Seven—to serve as Jurors at the Court of Oyer and Terminer to be held at Salisbury, for the said Counties; Orange Twenty, Granville Twelve, Chatham Ten, and Wake Eight—to serve as Jurors at the Court of Oyer and Terminer to be held at Hillsborough, for the said Counties; Halifax Sixteen, Edgecombe Ten, Bute Ten, Northampton Twelve—to serve as Jurors at the Court of Oyer and Terminer to be held at Halifax, for the said Counties; Chowan Ten, Perquimans Six, Pasquotank Six, Currituck Four, Tyrrel Four, Martin Four, Bertie Eight and Hertford Six—to serve as Jurors at the Court of Oyer and Terminer to be held at Edenton, for the said Counties; Craven Eighteen, Carteret Four, Beaufort Six, Hyde Four, Dobbs Six, Pitt Six, and Johnston Four—to serve as Jurors at the Court of Oyer and Terminer to be held at New Bern for the said Counties.

VI. And be it further Enacted by the Authority aforesaid, that in case it shall so happen that a sufficient number of Jurors so nominated as aforesaid, shall not appear at any of the said Courts, that then it shall and may be Lawful for the Chief Justice or other Justice of such Court, to order the Sheriff to summon other Freeholders of the Bystanders to serve either as Grand or Petit Jurymen, or in case from the number Challenged by the Prisoner there shall not be sufficient to make a full Petit Jury it shall in like manner be lawful for the Court to order the Sheriff to summon other Freeholders of the Bystanders. Provided, that such Bystanders as are summoned to serve on the Petit Jury, shall and may every day be discharged, and the succeeding day and so from day to day, the sheriff shall summon so many of the Freeholders who are by-standers as may be necessary, and if any Person so summoned to serve on the Grand or Petit Juries before such Court shall fail to answer and attend agreeable to the directions of this act, it shall be Lawful for the said Court to fine every Person failing Three Pounds, Proclamation Money, to the use of the County whereof he is resident.

VII. And be it further Enacted by the authority aforesaid, that the Clerk of each of the said Courts 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 the trial of every issue, a Child under ten years old in open court, shall draw out of the said Box, Twelve of the said scrolls or pieces of paper, and the persons whose names shall be on the said scrolls or pieces of paper drawn as aforesaid, shall be the jurors to try such issue, unless they shall be Lawfully challenged, in which case other scrolls shall be drawn 'til the Jury are completed.

VIII. And be it further enacted by the authority aforesaid, That each and every Juror who shall attend any of the said Courts of Oyer and Terminer in virtue of this Act, upon producing a certificate from the Clerk of the said Court, setting forth the time of his attendance, to the Inferior Court of the County where he resides, shall have and receive Three Shillings Proclamation Money, for every day he shall Travel and attend as aforesaid, and the charge of his ferriages.

IX. And be it further enacted by the authority aforesaid, That the Clerk of every Court of Oyer and Terminer, when any matter hath been finally determined, shall make up a full and perfect Record of the same, and the Judge who shall have held such Court shall make due return of all the Records and Proceedings which shall have been had and moved before him in the said court, into the Secretary's office, within six months after the conclusion of such court.

X. And be it further enacted by the authority aforesaid, that the Chief Justice or such other Judge or Judges, who in his absence, shall in virtue of this Act hold any of the said Courts, shall have and receive the sum of Twenty-Five Pounds, Proclamation Money, for each Court which he or they shall so hold.

XI. And be it further enacted by the Authority aforesaid, That the said Courts shall have power and authority to grant Writs of Error for correcting Errors of any Inferior Court, within their respective Districts, and the party

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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 an Inferior Court, the Judgment or decree of the Inferior Court shall be reversed, the said Court shall grant judgment or make such decree thereupon as should have been entered or made up in the Inferior Court, and shall and may issue execution thereupon. And for preventing the obtaining writs of error by surprise the party praying such Writ shall give notice to the adverse party of his said motion, ten days at least before the same shall be made, and no such writ shall be granted without an affidavit of such notice.

XII. And be it further enacted by the authority aforesaid, that the Attorney General, for his Trouble and Expence in attending the said Courts of Oyer and Terminer, shall receive the sum of Twenty Five Pounds for every Court he shall so attend.

XIII. And be it further enacted by the authority aforesaid, That this act shall continue and be in force for one year, and from thence to the end of the next Session of Assembly and no longer.

CHAPTER IV.
An Act to Amend the Staple of Tobacco, and prevent Frauds in his Majesty's Customs.

Whereas, the Laws heretofore in force for amending the Staple of tobacco and preventing frauds in His Majesty's Customs, are found to be ineffectual for answering the purposes intended, thereby for remedy whereof.

I. Be it enacted by the Governor, Council and Assembly, and by the Authority of the same, that the Inferior Court for any County, in this Province where tobacco inspection and warehouses are already Established shall annually, at the first Court to be held for their County after the Tenth day of June, appoint two discreet and careful men well acquainted with the nature and quality of tobacco, to be Inspectors thereof, who shall well and carefully examine every Hogshead, Cask or Parcel of Tobacco brought to their Warehouse, and such Tobacco as they shall find to be good, sound and merchantable, fit for exportation, they shall cause to be immediately Headed, Hooped and Nailed and the Number, neat weight and tare, with the name of the Warehouse stamped or marked thereon. And for all tobacco so passed by them in Crop Hogsheads they shall give to the Owner thereof a Receipt containing the warehouse number, gross, tare and neat weight, the kind of tobacco, and therein oblige themselves to deliver the same tobacco to such Owner or his Order for exportation when demanded, And for all such tobacco as they shall pass in parcells they shall give the Owner a transfer note, And all such parcells of tobacco they shall immediately pack and Prize into Hogsheads of at least One Thousand neat weight, to be by them paid in discharge of such transfer Notes to the person who shall be possessed of them, deducting from their transfer Notes when returned to them, at the rate of Two per Cent. for the first Month and one per cent. for each Month after one for shrinkage, and may also charge out of such transfer Notes thirty pounds of tobacco for the cash; and all tobacco brought to their warehouses which in their judgment is not good, sound and Merchantable they shall cause to be immediately burned. And where Tobacco is offered for Inspection and it appears to them that part thereof is only unfit to pass, the owner thereof may separate such bad tobacco from the good and that only

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which is Bad shall be burned, but if the owner refuses to have the same separated then the Inspector shall and may burn the whole. And all tobacco of the second growth, commonly called seconds, is hereby declared to be unfit for Exportation and therefore shall not be received by any Inspector, and where the Inspectors at any Warehouse shall Disagree in their opinion of the quality of any Hogshead of Tobacco, or where the Tobacco to be Inspected is the Property of one of the Inspectors, then another sworn Inspector from the nearest Warehouse shall be called and shall decide and receive or reject the same. And when an Inspector shall die, or be rendered by sickness or accident unable to attend his duty, then it shall be Lawful for any three Justices of the County to appoint and swear in another proper person to act as Inspector until the disability of the other be removed or until the Court shall appoint; and such person so appointed to act shall be under the same penalties and entitled to a proportionable part of the salary for the time he shall act, and be under the same regulations as if originally appointed by the Court.

II. And be it further enacted by the authority aforesaid, That the Inspectors to be appointed by virtue of this Act shall give Bond and Security, to be approved by the Justices appointing them, in the penalty of Five hundred pounds sterling, payable to the Governor or Commander in Chief for the time being, with condition they shall respectively Execute the Office of Inspector of Tobacco faithfully and truly, according to the Laws in that Case made, which Bond on any suggestion made to the Commander in Chief for the time being, of a Breach thereof shall by him be assigned to the party injured to be put in suit and shall not be void on any Recovery until the whole penalty be recovered, and such Inspectors shall, before they enter upon the duties of their office, take in open court the following Oath, to-wit:

“You shall swear that you will diligently and carefully view and examine all tobacco brought to any public warehouse whereof you are appointed to be Inspector, and all other Tobacco which you shall be called upon to view and Inspect, and that not separate and apart from your Fellow, but in his Presence, and that you will not receive any Tobacco that is not in your judgment sound, well conditioned, Merchantable and clear of trash, nor receive, pass or stamp any tobacco, Hogshead or Cask of Tobacco, prohibited by an Act of Assembly entitled “An Act for Regulating the Inspection of Tobacco and preventing Frauds in His Majesty's Customs,” and that you will not change, alter or give out any Tobacco other than such Hogshead or Cask for which the Receipt to be taken in was given, but that you will in all things well and faithfully discharge your duty in the office of an Inspector, according to the Directions of the said Act, without Fear, Favor, Affection, Malice or Partiality. So Help you God.”

III. And be it further enacted by the Authority aforesaid, that no tobacco shall be exported out of the Province until the same has been carried to some Inspection and there viewed, passed and stamped, according to the directions of this Act, or which has already been so done according to the laws heretofore in force, and the Inspectors at every Inspection which is or shall in virtue of this Act be appointed, on delivering out any tobacco from their Warehouse for Exportation shall deliver therewith to the Master or Skipper of the Vessel receiving the same, a Manifest thereof signed by them, containing the Marks, Numbers, Gross, Nett and Tare of every Hogshead or Cask then delivered, with the name of the Warehouse and the name of the Vessel and Masters thereof in which the same is intended to be Exported, and the name of the Shipper, which Manifest, in case the Tobacco be delivered to any River Craft to be lightened down to any Seaport, shall

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be delivered therewith by the Skipper of said Craft on board the ship or vessel in which the same is to be exported, or in case such vessel cannot take it then into the most convenient Warehouse at or near such Seaport, there to remain until the same shall be shipped in some other vessel for exportation, according to the true intent and meaning hereof, and all tobacco water borne with intention to elude this Act, is hereby declared to be forfeited and shall be the property of any person who shall seize and take possession of the same, and in case of a suit against the person seizing such tobacco he may on the general issue, give this Act as evidence.

IV. And be it further enacted by the authority aforesaid, that the Inspectors at Halifax Warehouses shall constantly attend their duty at the said Warehouses, from the first day of October to the first day of June in every year, on penalty of forfeiting forty shillings for each day either of them shall neglect the same, sickness or unavoidable accident excepted, which forfeiture shall and may be recovered by warrant before any Magistrate of the County where the Inspector resides, by any person suing for the same, to the use of the person suing, and shall furthermore be liable to action of the party aggrieved for such damages as he may sustain; and the Inspectors at the said Inspection of Halifax shall have and receive for their attendance the sum of Sixty Pounds each, and the Inspectors at Jones's the sum of Twenty-Five Pounds each annually, to commence from the first day of October last past, to be paid by the Justices of the Inferior Court for their respective counties out of the County money, and the Justices of any County within the Province may and are hereby directed and impowered if necessary, to appoint such places for the inspection of tobacco in their County and Inspectors to attend thereat, as to them shall seem most proper so as such place of Inspection be at a landing on some sufficiently navigable stream, and also may at the Expence of their Counties purchase or rent Ground, Build or Rent Warehouses, Provide Scales and weights and other matters incident to an Inspection and allow such salaries to the Inspectors as they shall judge proper; And also shall at any such Inspection order and limit the time for the attendance of such Inspectors at their respective Warehouses; And any inspector so to be appointed shall be under the like Bond, Security and oath and subject to the same forfeiture, method of recovery and application as are above directed for the non-attendance of the Inspectors at Halifax Warehouses and for defraying the charges of Inspection. Be it enacted by the Authority aforesaid, that for every Hogshead or cask of Crop tobacco delivered by the Inspectors for Exportation, there shall be paid to them by the owner or shipper thereof three shillings and four pence proclamation money, for the use of the County, and for every Hogshead of Transfer Tobacco prized up by them to the weight herein directed the sum of six shillings and eight pence like money, three and four pence whereof for the use of the County and the other three and four pence to reimburse them for prizing and nails, and the Inspectors shall at the first court for their County after the tenth of July in every year lay before the said Court an account on oath of all tobacco by them delivered for exportation and also on account of their transfer tobacco remaining on hand, and what transfer notes are not returned to them shewing what has been gained or lost on the allowance for shrinkage herein above Directed, and make a full settlement with the Court for all monies they are chargeable with in virtue of this Act before they shall obtain any order from the Court for their salaries above provided. And where Leaf and Stem'd Tobacco are put in the same Hogshead they shall be each kind by itself weighed separately, and the Inspector shall mention in the note the quantity of each Kind.

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V. And be it further enacted by the authority aforesaid, that no Collector or Custom House Officer in the Province, shall clear outwards any ship or Vessel having Tobacco on Board until the Captain or Master thereof shall produce and deliver to him such Manifest as above directed, signed by the Inspectors where the same was inspected, for all tobacco he has on board, and also two fair copies thereof; One to be annexed to the Vessels Clearance and the other to be transmitted to the Chief Officer of the Customs; and the Collector or Officer Clearing such Ship or Vessel is hereby directed to administer to such Captain or Master, before delivering such Clearance, an Oath to this Purport, that the Manifest by him produced contains a true account of the Mark, Number, Tare and Nett Weight stamped or marked on each Hogshead of Tobacco on board his Vessel as they were taken down before the same was stored away, and the said Collector is hereby authorized to take and receive two shillings and eight pence for administering the sd. oath. And every Custom House Officer who shall clear out any Vessel having Tobacco on board without receiving such Manifest and causing such Oath to be made before them, shall forfeit the sum of Five Hundred Pounds, Proclamation Money, to be recovered in any Superior Court in this Province by and for the use of any person who shall sue for the same.

VI. And be it further enacted by the authority aforesaid, that if any person shall forge or counterfeit the stamp, note or receipt of any Inspector, or offer for sale or payment, or demand of any Inspector Tobacco on any such forged note or receipt, knowing it to be such, or shall cause to be exported any Hogshead or Cask of Tobaccco Stamped with a forged or Counterfeit stamp, or shall take out any stave, plank or heading out of any Hogshead of Tobacco stamped as herein directed after such Hogshead shall have been delivered from any of the Public Warehouses above mentioned, every person so offending and being thereof Legally convicted shall be adjudged a Felon and suffer as in cases of Felony. And if any Inspectors note shall be lost or destroyed the owner thereof may, on making oath before some Magistrate of the quantity of tobacco mentioned in the same, and that the note is lost or destroyed and that he or she so making oath is the lawful owner thereof and entitled to receive the tobacco therein mentioned, obtain a Certificate from the Justice administering such oath and shall thereby be entitled to receive the Tobacco for which the last note was given, and if any person shall be convicted of making a false oath or producing a forged Certificate in the above case, knowing the same to be forged, shall suffer as in cases of wilful and corrupt perjury.

VII. And be it further Enacted, that if any warehouse at any of the tobacco Inspections in this Province is or shall be appointed, shall happen to be burned and tobacco therein destroyed, the value of the tobacco so burned shall be payed to the Proprietor thereof by the Counties where the same was made and be levied by the respective Inferior Courts on the taxables at the laying their County levy in proportion to the quantity brought to Inspection by the different counties, and where such accident shall happen no Inspector shall be sued by reason of any notes or Receipts by them given for Tobacco so burned.

VIII. And be it enacted by the authority aforesaid, That no Inspector of Tobacco shall be capable of being Elected member of Assembly during his continuance in his office of Inspector or within one year after, nor shall any Inspector directly or indirectly, buy or receive by way of barter, loan or exchange any tobacco whatsoever (payments in Tobacco for their own rents excepted) under the penalty of Forfeiting their office. And when any person demands tobacco of any Inspector on their notes and shall have cause to

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doubt the same hath received damage after Inspection, three Justices of the county not being Merchants, where the tobacco is, shall, on the application of the person demanding the Tobacco, repair immediately to the warehouse and there being first sworn before some other Justice (who is hereby impowered to administer such oath), well and carefully view and examine the said Tobacco in dispute and give their opinion thereon, whether the same ought to pass or be rejected, according to the best of their judgment and conscience without favor or affection, shall proceed to view and examine the same, and if in their judgment it is good, sound and fit for exportation, the tobacco so passed shall be a sufficient tender to the party demanding on the notes for the same, and in that case the party so calling a review shall pay and satisfy to the Justices so attending five shillings—but if they reject the tobacco so reviewed in that case the Inspector shall pay the said Justices five shillings each, and shall be liable to the owner of the note for the value of the Tobacco so rejected and such damages as he may sustain by lying out of the same from the time of demanding.

IX. And be it further enacted by the authority aforesaid, that no slave within the Counties of Halifax, Northampton, Bute, Granville, Orange, Chatham, Edgecombe and Wake for his own benefit shall cultivate any Tobacco under the penalty of five pounds Proclamation Money, to be recovered from the Master, Owner or Overseer of such slave, by action of Debt before any jurisdiction having cognizance thereof, one-half to the informer and the other half to the use of the County where such slave shall reside.

X. And be it further enacted by the authority aforesaid, that nothing herein contained shall extend to the ports of Beaufort or Bath, but that the Custom House Officers shall clear out Vessels with Tobacco in the same manner as heretofore.

CHAPTER V.
An Act to regulate and ascertain the fees of the Clerks of the Inferior Courts in this Colony.

Whereas the fees of the Clerks of the Inferior Courts as regulated by former Acts of Assembly, are doubtful and ambiguous: For Explanation whereof,

I. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, that for the future the following fees only shall be received by the Clerks of the 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 and 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, and entering Final Judgment inclusive, or Discontinuance, or Dismission, Eighteen Shillings.

For every Subpoena in which shall be inserted no more than four witnesses, Two Shillings.

For every Execution or Order of Sale, when necessary, issued and returned,

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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 & 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 suit 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 Certificates, 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 the Private Secretary's Fees, Twenty-six Shillings and Eight Pence.

For all services for 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 License and Bond, and all necessary Services thereon, Five Shillings.

For an Ordinary License 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 Acknowledgment; of a Conveyance of Land or other Estate, and Certifying the same with the Order, for Registration and Examination of a Feme Covert, with Commission, Two Shillings and Eight Pence.

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 Verdict, Demurrer or Motion in Arrest of Judgment, and Argument thereon, Four Shillings.

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

For making out Certificates of Witnesses and Jurymen's attendance, Eight pence.

For recording a Mark or Brand, and granting Certificates thereof if required, One Shilling and four pence.

II. And be it further Enacted by the Authority aforesaid, that all the Services necessary to be done by the Clerks of the 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

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Fee or Reward whatever, except what shall be allowed such Clerks by the Inferior Court of their respective Counties for such Services.

III. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the Clerks of the 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 of length, and without any abbreviation whatsoever, and all Executions issuing without the Copy of such Bill of Costs annexed, shall be deemed illegal, and no Sheriff shall serve or execute the same.

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

V. And be it further Enacted by the authority aforesaid, that if any person shall hereafter conceive himself aggrieved by any Clerk of the 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, there to remain until he has satisfied the Party injured, agreeable to the Judgment of the Court, and also pay 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 nor further Process.

VI. And be it further 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.

VII. 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

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or neglect of duty enjoined by this Act, such Breach or neglect of Duty shall on a second Conviction, be adjudged & deemed a Misbehavior in office for which such Clerk shall be suspended by the said Court, on Complaint.

VIII. Provided nevertheless, that in case the Clerk shall be dissatisfied with the determination of the Inferior Court, he may appeal to the Court appointed for hearing and trying Appeals and Writs of Error in 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.

IX. 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 Inferior Courts within this Province so far as comes within the purview of this Act, are and shall be henceforth repealed and made void.

X. And be it further Enacted by the Authority aforesaid, that this Act shall continue and be in force for and during the Term of one Year, and from thence to the End of the next Session of Assembly and no longer.

CHAPTER VI.
An Act to prevent the Pernicious Practice of Hunting with a Gun in the Night by Fire Light.

Whereas many Persons not disposed to pursue some honest employment in order to obtain a Subsistance, under pretence of hunting for deer in the night by Fire light, kill Horses and Cattle to the Great Injury of the property of others.

I. 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 Firelight, such Person or Persons, upon due conviction thereof, to be had in the Inferior Court of the County where such offence is committed, and such Inferior Court is hereby declared to have full and compleat Jurisdiction of such offence and is empowered to Adjudge and sentence such Pains, Penalties, Fines and Forfeitures as are hereby to be inflicted in such Cases, shall forfeit and pay ten Pounds Proclamation Money, one half thereof to the Informer and the other half to the use of the Parish where such Offence was committed, and in case the Offender or Offenders refuse or shall not on such Conviction have wherewithall to satisfy such fine, he shall be committed to and Continue in Gaol for the space of two Months without Bail or Mainprize, or for such Space of time until he shall satisfy and pay the said Sum of Ten Pounds; Provided nevertheless, that if Complaint be not made within Three Months after the Offence committed, the person or persons offending shall be discharged and freed from any of the penalties by this Act inflicted.

II. And be it further Enacted by the Authority aforesaid, that the proceeding to be had upon such offences in the said Inferior Court shall be by Indictment or Information and subject to the same rules and regulations as in other cases of Prosecution for Criminal Offences in such Inferior Courts.

III. And whereas from the Circumstances of Secrecy which Attend the perpetration of such Offences, it is in most instances impracticable to convict Offenders by indifferent Testimony, Be it therefore Enacted, by the Authority aforesaid, That when more persons than one are engaged in the Commission of such offence, it shall and may be lawful for one of them to give Evidence against any one or all others concerned, and his Testimony shall be held

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and deemed to be as effectual and shall have equal weight as if given by any Person perfectly disinterested and innocent of the offence giving like Information of the same Facts, Subject in other respects to the General rules of Law respecting Witnesses, and such Witness upon giving such information and after due conviction of one or more such offenders shall be acquitted and held discharged from all Penalties and Pains to be inflicted by this Act, and shall have equal right to the moiety of the fine heretofore mentioned as other Informers have.

CHAPTER VII.
Act concerning Vestries.

Whereas “An Act concerning Vestries” made in the Year one thousand seven hundred and Sixty-four, and further continued by an Act made in the year one thousand seven hundred and Sixty-eight, will expire with the end of this Session of Assembly and it being necessary that the said Act should be amended and further continued.

I. Be it therefore Enacted by the Governor, Council and Assembly and by the Authority of the same, that the said above recited act and every Clause and Article therein, be and continue in force for the Term and Space of Ten Years from and after the passing hereof, and from thence to the end of the next Session of Assembly and no longer.

CHAPTER VIII.
An Act to oblige Vessels having infectious Distempers on Board to perform their Quarantine.

Whereas the Laws now in force for compelling Vessels coming into this Province from places infected with the Plague, small pox or other infectious Distempers, to perform Quarantine are found insufficient for the purposes intended, for remedy whereof.

I. 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 master or Commander of every Vessel coming in at any Inlet in this Province (except Capefear) before he proceeds with his said Vessel to any other part of this Province, shall go on shore and make Oath before some Officer of the Customs, who is hereby authorized and impowered to administer the said Oath to such Master or Commander, whether he hath any contagious Distemper on board such his Vessel or not, under the Penalty of Fifty Pounds Proclamation Money, and the Pilots attending the said Bars or Inlets are hereby commanded and required, not to proceed with any Vessel further than some convenient place to the Collectors, Comptrollers or Naval Officers Office until such Master, or Commander of a Vessel shall go on shore as aforesaid and declare upon Oath before an Officer of the Customs as aforesaid, and until a permission and Certificate be given by the said Officer of the Customs for that purpose, under the like Penalty of Fifty Pounds Proclamation Money, for which Oath and Permission the said Officer of the Customs shall and may take and receive from the Captain or Commander of such Vessel the sum of two Shillings & Eight pence, Proclamation Money.

II. Provided nevertheless, that nothing herein contained shall debar or hinder the master or Commander of any Vessel coming into this Province to

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proceed with his said Vessel to some convenient Place where he may resort to an officer of the Customs to obtain the Permission and Certificate aforesaid.

III. And be it further Enacted by the Authority aforesaid, that if it shall happen that any such Vessel shall have any contagious Distemper on board, such Officer of the Customs shall order the said Vessel to lie at such place as he may think proper until further Orders shall be given by the Governor or Commander in Chief for the time being, or any two Justices of the Peace, who is and are hereby authorized and impowered to give such Direction for the said Vessel and her Crews performing Quarantine and at such Place as he or they shall think necessary, and if any Master or Commander of a Vessel so ordered to perform Quarantine shall not obey the said Order such Master or Commander shall forfeit the sum of Five Hundred Pounds Proclamation Money, to be recovered by Action of Debt in any Superior Court of this Province, and applied one half towards the Contingent Charges of Government and the other half to the Informer.

IV. And be it further Enacted by the Authority aforesaid, that if any Person, Marriner or Passenger on Board any Vessel ordered to perform Quarantine shall presume to desert or come on shore from the said Vessel until he or she hath fully performed such Quarantine, without licence in writing from the Commander in Chief for the time being, or two Justices of the Peace, such Person shall forfeit and pay Fifty Pounds, Proclamation Money, and if any Person or Persons not belonging to the said Vessel shall presume to go on Board the same before she hath fully performed Quarantine, without License first had and obtained in writing under the Hand of the Governor or Commander in Chief for the time being, or Two Justices of the Peace, such Person shall be compelled to stay on Board during the whole time under the like Penalty of Fifty Pounds.

V. And be it further Enacted, by the Authority aforesaid, That if the Master or Commander of any Vessel directed to perform Quarantine as aforesaid, shall suffer any Goods imported in such Vessel to be landed or put into any other Vessel or Boat in any place within this Province during the time of such Quarantine, or until the said Vessel shall be discharged, such Master or Commander shall forfeit and pay the Sum of Two Hundred Pounds, Proclamation money.

VI. And be it further Enacted by the Authority aforesaid, that all Fines and Forfeitures mentioned in this Act, the mode of recovery and application whereof is not particularly ascertained, shall be recovered by action of Debt in any of the Superior Courts of this Province and applied one-half to the Person or Persons who shall sue for the same, and the other half to the Contingencies of Government.

VII. And for the more effectual preventing the Spreading of Infectious Distempers; Be it Enacted by the Authority aforesaid, That it shall and may be lawful for the Inferior Court of the Counties of Craven, Perquimans, Chowan, Tyrrel, Martin, Bertie, Pasquotank, Currituck, Hertford, Carteret, Dobbs, and they are hereby Authorized and impowered to lay a poll Tax on the Inhabitants of the said Counties respectively for the raising a sum not exceeding One hundred pounds for building proper pest houses at such place as they shall think proper and the money raised by the said poll tax the Justices of the aforesaid Courts are hereby directed to apply to the purposes before mentioned.

VIII. 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.

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CHAPTER IX.
An Act for Enlarging the Time of Saving Lots in the Town of Windsor, for erecting a Court House, Prison and Stocks for the County of Bertie, in the said Town, and other purposes.

Whereas from many unavoidable Hindrances and disappointments, it hath been found impracticable for the Inhabitants of the Town of Windsor, to Compleat their Buildings, on their respective Lots, within the time limited by Law.

I. Be it therefore 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 built of the dimentions mentioned in an act of Assembly entituled an “Act for establishing a Town on the Lands of William Gray on Cashi River, in Bertie County,” within two Years after the passing of this Act, and also every lot therein which shall be hereafter sold or conveyed by the directors or Commissioners of the said Town, on which such House shall be erected and built, within the space of Two Years after the date of the Conveyance executed for the same, shall and is hereby declared to be vested in the Grantee thereof his Heirs and Assigns in Fee Simple, anything in the said Act contained to the Contrary notwithstanding.

II. And be it further Enacted by the Authority aforesaid That when any Lot in the town shall Lapse, by reason of its not being built upon; The Directors or Commissioners of the said Town or a Majority of them, shall and may, and they are hereby directed, impowered, and required to Sell such Lot at Public Vendue, for the best price that can be got, and the money arising from such Sale to be vested in the directors or Commissioners for the use of the said Town, and the directors or Commissioners shall give the purchaser of every such Lot a Deed of Bargain and Sale for the Lot by him so purchased.

III. And whereas the suffering of Hogs to run at large in the said Town is found to be injurious to the properties of the Inhabitants thereof; Be it therefore Enacted by the Authority aforesaid, That none of the Inhabitants of the said Town shall one month after the passing of this Act, suffer any of their Hogs to run at large within the Bounds of the said Town, and any hog or hogs running at large, shall be forfeited to the Commissioners, and the same, by an Order from One of them, under his Hand, directed to the Constable to be by him sold to the highest Bidder, for the benefit of the said Town.

IV. And whereas divers of the subscribers for Lots in the said Town, have neglected to pay the several Sums by them Subscribed, whereby William Gray, Esquire, the original Proprietor of the said Lands, whereon the said Town is erected, is greatly Injured; Be it therefore Enacted by the Authority aforesaid, That it shall and may be lawful for the said William Gray, his Heirs and Assigns to demand payment for the several Sums which are still due and owing to him for Lots in the said Town, and in case any person from whom the same is due, shall refuse or negelct to pay the same, it shall and may be lawful for him the said William Gray, his Heirs and assigns, to recover all such Sums with Costs, by Warrant from a Justice of the Peace, who is hereby impowered to give Judgment and award Execution for the same, in the same manner as in the Case of Warrants for the recovery of other Debts, any Law Usage or Custom to the contrary notwithstanding.

V. And whereas the Court House and Prison in the County of Bertie aforesaid, are in a ruinous condition, and the Justices of the said Court and the Officers and Suitors, Jurors and others whose attendance at the same is

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by Law required, are subject to great hardships and inconveniences for want of proper accommodation and Entertainment at the place where the said Court House now stands, For Remedy whereof; Be it Enacted by the Authority aforesaid, That from and after the first day of June next, the Court for the said County, shall be constantly held, on the days and times by Law appointed, at the town of Windsor aforesaid, any Law Usage or Custom to the contrary notwithstanding.

VI. And be it further Enacted by the Authority aforesaid, That after the aforesaid first day of June all appearances and returns of process, shall be made to the said Court, in the Town of Windsor aforesaid.

VII. And whereas it will be necessary to erect a Court House, Clerk's Office, Prison, Pillory and Stocks in the said Town of Windsor, Be it therefore Enacted by the Authority aforesaid, That William Gray, Thomas Ballard, Thomas Clarke, Zedekiah Stone & David Stanley, Gentlemen, be and they are hereby nominated and appointed Trustees and directors for building a good and convenient Court House and Clerks Office, and a sufficient Prison, Pillory & Stocks for the use of the said County, and that they, or a Majority of them, Contract and Agree with proper persons for compleating and finishing the same in such manner as they shall think necessary and convenient.

VIII. And be it further Enacted by the Authority aforesaid, That a Poll Tax of three Shillings be levied on each Taxable person in the said County for the space of two Years, to be collected by the Sheriff of the said County and accounted for to the said Trustees and directors, 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.

IX. And be it further Enacted by the Authority aforesaid, That from and after the passing of this Act, the said Trustees and directors, or a majority of them are hereby directed and impowered to sell and dispose of, for the best price that may be had, the old Court House, Prison and Public Warehouse and the Acre of Land on which the Public Buildings now stand on Cashi River and apply the monies arising from such Sale towards defraying the expence of Building & erecting the said Court House, Clerk's Office, Prison, Pillory and Stocks.

X. And be it further Enacted by the Authority aforesaid, That before the said Trustees and directors shall enter upon the said Trust, or take into their hands any of the monies aforesaid, they shall enter into Bond in the sum of One Thousand pounds proclamation money, payable to the Justices of the said County and their Successors, with Condition for the faithful discharge of the several Trusts 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 Inferior Court of the said County, or such Person or Persons, as the said Court may appoint to inspect and report the same, which Bond shall be lodged with the Clerk of the said Court.

XI. And be it further Enacted by the Authority aforesaid That if the Tax or Monies arising in Virtue of this Act, shall be more than Sufficient to compleat the Buildings herein directed, the surplus thereof shall be applied by the said Court, towards defraying the Contingent charges of the said County.

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CHAPTER X.
An Act for Vesting in Persons therein named two acres of Land at Bellville, in Currituck County, as Trustees for erecting a chapel thereon, and for enclosing a burying Ground.

Whereas many religious and well disposed Persons in this Province have agreed among themselves to build and endow a decent and commodious Chappel for the performance of divine Worship according to the forms of the Church of England by Law established, and to inclose a certain piece of Ground contiguous thereto for the purpose of a Burying place, and to provide a fund for the maintenance of the poor.

I. Be it therefore Enacted by the Governor, Council and Assembly and by the Authority of the same, That two Acres of Land (now the property of Thomas McKnight, Esquire) situated in the County of Currituck at a place called Bellville, and bounded as follows, Vizt: Beginning at a Cedar Stake and running thence by a line of stakes round the said two acres to the first station, be and is hereby vested in Thomas Macknight, Isaac Gregory, James Parker, Francis Williamson, Soloman Perkins, William McCormick, Neil Snodgrass, William Ferebee, and Thomas King, Esquires, and their successors forever, who are hereby constituted and appointed Trustees for the purposes hereinafter mentioned, that is to say, To inclose the said two acres of Land and to build thereon a commodious and decent Chappel to be called and known by the name of Saint Martin's Chapel. And to receive and take all such voluntary subscriptions and donations as religious and public spirited Persons may think proper to bestow for the purpose of Building and Endowing the said Chappel, for inclosing of the burying ground, and providing a fund for the maintenance of the poor.

II. And the said Trustees and their successors are hereby impowered to agree with and employ, from time to time, a Minister of the Church of England duly admitted into Priest's Orders and of approved morals, to perform Public Worship according to the Rites and Ceremonies of the Church of England, and from time to time to make and ordain such Rules, Orders and Regulations for the good government of the said Chappel, and disposal of the funds belonging thereto, towards promoting the religious, public spirited and charitable intentions of the Proprietors (hereinafter described) for the time being, and of the donors to the said Chappel and fund for the maintenance of the poor, provided such Rules, Orders and Regulations be not repugnant to the Laws of Great Britain or this Province.

III. And be it further Enacted by the Authority aforesaid, that the consent of the major part of such Trustees shall be competent to the doing or performing any Act to which they are impowered by this Law, and provided also that when anything of consequence is to be transacted or determined the said Proprietors shall be summoned to meet at the Chappel by public notice given there for two Sundays preceding the time of meeting and the consent of the major part of them so meeting shall be necessary to inforce the Rules, Orders and Regulations of the Trustees.

IV. And be it further Enacted by the Authority aforesaid, that on the Death or Resignation of any of the Trustees, before named or their successors, it shall and may be lawful for the majority of the said Proprietors to elect and choose another Trustee or Trustees in the room or stead of him or them so dying or resigning.

V. And be it further Enacted by the Authority aforesaid, that every Person subscribing and Paying such a Sum as the majority of the Subscribers shall agree upon, with the consent of the Trustees, shall be deemed and

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held a proprietor in the said Chappel and Burying Ground, and shall have full power to erect a Pew in such part of the said Chappel as shall be laid off and assigned to such Proprietor by the Trustees for the use of the said Proprietor and his heirs and assigns forever.

VI. And be it further Enacted by the Authority aforesaid, That the Proprietors of the said Chappel or a majority of them, are hereby impowered to elect and choose a Treasurer who shall give Bond and Security to the Trustees and their successors for such sum as shall seem necessary, with a condition that he shall account with, and pay to, the order of said Trustees as often as he shall be by them or a majority of them required, all monies or other Estate as shall come to his hands for the uses and purposes aforesaid.

VII. And be it further Enacted by the Authority aforesaid, That the Trustees, or a majority of them, be from time to time impowered to choose a Clerk or Register of the said Chappel to Register the conveyance of the property in the said Chappel and Burying ground, and also all marriages, Christnings and Burials which shall be administered, solemnized or performed by the Minister serving the cure of the said Chappel, and to remove the said Clerk at their discretion.

VIII. And be it further Enacted by the Authority aforesaid, that nothing in this Act contained shall be deemed or construed to exempt any of the Proprietors of, or Subscribers to the said Chappel or Endowment thereof, from any Parish Charges or duties in the respective parishes where he, she or they shall be registered.

IX. Provided that nothing contained in this Act shall impower the Trustees or their Successors to erect any Building or to appropriate the said two Acres of Land or any part thereof, to any other purpose or use whatever, than what is declared in the title of this Act.

CHAPTER XI.
An Act for the more effectual obtaining an exact List of Taxables for the Town of New Bern, for compelling the Inhabitants of the said Town to pay their Taxes, and for other purposes therein mentioned.

Whereas the provision heretofore made by an Act of Assembly passed at New Bern the 5th day of December, in the Eleventh year of His Present Majesty's Reign entitled “An Act for obtaining a true and distinct list of the taxable persons in the town of New Bern, and to impower the Sheriff to collect the town taxes due from the inhabitants of the said town,” has not answered the purposes intended, for remedy whereof,

I. Be it enacted by the Governor, Council and Assembly and by the Authority of the same, that the Commissioners of the said town of New Bern for the time being, or a majority of them, shall on the first Monday of July annually after the passing of this Act, nominate and appoint one of their number to take a list of taxables for that year, and give Public Notice thereof by advertisement to the inhabitants of the said town to appear before such Commissioner so appointed and give a list of his, her or their male taxables upon Oath, which Oath the said Commissioner is hereby authorized to administer. And the Person or Persons, neglecting or refusing to enlist his, her or their taxables within thirty days after notice given as aforesaid, shall forfeit and pay the sum of forty shillings, Proclamation Money, for each and every taxable he, she or they shall neglect or fail to inlist and shall be

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also liable to pay a tax for every taxable so omitted or neglected to be enlisted, to be recovered before any magistrate of Craven County at the suit of the Commissioners for the use of the town, which Magistrate is hereby authorized and empowered to hear, determine and give judgment thereon and to award execution against the Body or Goods and Chattels of the Defendant.

II. And be it further enacted by the Authority aforesaid, that the Commissioners of the said town for the time being, shall annually cause a fair copy of the list of taxables to be taken in virtue of this Act, to be entered by the Clerk of the said town in a Book to be kept for that purpose for the use of succeeding Commissioners and other Persons concerned, under the Penalty of Fifty Pounds Proclamation Money, to be recovered by action of Debt in any Court of Record having cognizance thereof, one half to the Informer the other to the use of the said town.

III. And be it further enacted by the Authority aforesaid, that if the Commissioners of the said town shall neglect or refuse to appoint one of their number on the first Monday in July annually, to take a list of taxables as aforesaid, they shall forfeit and pay the sum of Twenty Pounds Proclamation Money, to be recovered by Action of Debt in any Court of Record having Cognizance thereof, one half to the Informer the other half to the use of the said town, and in case of such neglect or refusal as aforesaid at the time aforesaid, the said Commissioners or a majority of them are hereby impowered to make such appointment at any other time in the said month of July annually, anything herein contained to the contrary notwithstanding.

IV. And whereas the former method of collecting the town taxes by the Sheriff hath been found inconvenient, be it therefore enacted by the Authority aforesaid, that the Commissioners or a majority of them shall annually, at the time of their laying the town tax, nominate and appoint a proper Person to collect the town taxes to whom shall be delivered a fair copy of the list of taxables taken for that year agreeable to this Act. And the Person so appointed before he enters on the execution of his office shall enter into Bond with sufficient security in the sum of Five Hundred Pounds, to the Commissioners and their successors, for the faithful discharge of his Duty, which said Bond and Security the Commissioners aforesaid are hereby impowered and required to demand and to take and cause to be recorded amongst the records of the said town. And if the Person so appointed shall refuse to serve or fail to give security as aforesaid, the said Commissioners are hereby authorized and required to appoint any other Proper Person who may be willing to act and enter into bond with security, as aforesaid. And the said Collector so appointed shall and is hereby impowered and directed to collect the taxes assessed by the Commissioners of the said town, or a majority of them, and to account on oath for, and pay the same to the said Commissioners on or before the tenth day of April yearly, after deducting eight per cent. Commissions for his trouble and expense in making the said Collection, and if any Collector shall neglect or refuse to account for on Oath and pay the several taxes that shall be assessed after the passing of this Act on the taxables of the town aforesaid wherewith he is chargeable, according to the directions of this Act, after deducting his commissions and allowance for Insolvents (which allowance the Commissioners of the said town or a majority of them are hereby impowered to make), it shall and may be lawful for the Superior Court of New Bern District or the Superior Court of Craven County (respect being had to the Jurisdiction) on motion of the Commissioners or a Majority of them, to give Judgment against such Collector and his Securities for all the money

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wherewith he shall or may be chargeable to the town, with Costs, and, thereupon to award Execution against the Body, Goods and Chattels, Lands and tenements of such Collector and his Securities; Provided always, the Collector shall have ten days previous notice of such motion.

V. And be it further Enacted by the Authority aforesaid, that if the Inhabitants who are liable to pay the town taxes, neglect or refuse to pay the same in thirty days after the tax is laid by the Commissioners it shall and may be lawful for the Collector to levy the same by Distress and sale of the Offenders Goods and Chattels, first giving ten days notice of such sale at the Court House and Church in the said town, and shall take and receive for his trouble two shillings and eight pence, and after deducting the taxes due and fee for Distress, the overplus of the Goods and Chattels sold shall be returned to the owner.

VI. And whereas many of the taxes laid by the Commissioners of the said town or the Inhabitants thereof, for several years past remain uncollected and the late Sheriffs are in doubt whether they are by the Laws now in force enabled to distrain for the same.

VII. Be it Enacted by the Authority aforesaid, that the said Sheriffs of the County of Craven are hereby declared to have the same Power to make Distress on all Persons who are in arrear for taxes to the said town as they are entitled to make in collecting other taxes.

VIII. And be it further Enacted by the Authority aforesaid, that no Person in the said town shall hereafter be subject to the payment of the town taxes until he hath resided three months in the said town next before the time of enlisting taxes therein.

IX. And whereas it is represented to be of pernicious consequence to permit the Corder of Fire Wood in the said town to buy more of that article than is sufficient for his own particular consumption, Be it therefore Enacted by the Authority aforesaid, that from and after the passing of this Act no person appointed or to be hereafter appointed to measure or cord Fire Wood in the said town shall during his or their continuance in such office, directly or indirectly, buy or receive by way of bargain, loan or exchange, or by any other ways or means any Fire Wood except for his or their own particular use in his or their own family, under the penalty of five shillings for every Cord or less quantity so bought or received contrary to the meaning of this Act, to be recovered before any Justice of the Peace for the use and at the suit of any Person that will sue for the same; and for the second offence shall be subject to the penalty aforesaid and be suspended from his office of Wood Corder for the said town and forever afterwards be disabled to act as Corder of Wood in the said town.

X. And be it further Enacted by the Authority aforesaid, that the before recited Act “Intitled An Act for obtaining a true and distinct List of the taxable Persons in the town of New Bern and to impower the Sheriff to collect the town taxes due from the Inhabitants of the said town” and so much of any other Act or Acts as comes within the purview of this Act shall from and after the passing hereof, be repealed and made null and void.

XI. And Be it further Enacted by the Authority aforesaid, that this Act shall be and continue in force for and during the term of Two Years and from thence to the end of the next session of Assembly and no longer.

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CHAPTER XII.
An Act for appointing Commissioners for building a Court House, Prison and Stocks for the County of Tryon, and for establishing a Boundary Line between the Counties of Tryon and Mecklenburg.

Whereas, the Commissioners heretofore by Law appointed for erecting and building a Court house, prison and stocks for the County of Tryon by reason of the South boundary line, have neglected to discharge the trust reposed in them within the time limited; and whereas the money collected from the inhabitants of the said County for that purpose remain in the hands of the Sheriffs and other persons, unappropriated.

I. Be it therefore Enacted by the Governor, Council and Assembly, and by the Authority of the same, That William Moore, John Walker, Abraham Kucandall, Charles Maclaine, Christian Carpenter and John Hill or a Majority of them, be and they are hereby appointed Commissioners and invested with the same powers and Authorities as any the Commissioners heretofore appointed and are hereby declared to have full power and Authority to demand, sue for, recover and receive from the said Sheriffs or any other persons all such sums of Money as hath been or shall be collected and received from the Inhabitants of the said County for the purposes aforesaid, any Law to the Contrary notwithstanding. And if the Tax heretofore imposed for erecting and building a Courthouse, prison and Stocks in the County of Tryon shall be found insufficient, it shall and may be lawful for the Justices of the said County and they are hereby impowered at the time of laying the County Tax to lay a Tax not exceeding two shillings on each Taxable Person within the said County of Tryon, which Tax shall be collected and Accounted for by the Sheriff of the said County in the same manner and under the same pains and penalties with respect to the Sheriff as other County Taxes.

II. And whereas sundry disputes have arisen relative to the Boundary line between the said County of Tryon and the County of Mecklenburg, to prevent which for the future, Be it Enacted by the Authority aforesaid, That the River Catawba be and is hereby declared the Boundary line between the said Counties.

CHAPTER XIII.
An Act for Dividing the Parish of Edgecombe, in the County of Halifax, into two Distinct Parishes.

Whereas, the Parish of Edgecombe, in the County of Halifax, is of such large extent that no Minister can conveniently serve the Cure thereof,

I. 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 said Parish of Edgecombe shall be divided as follows, to-wit: Beginning at Richmond's old place, on Roanoke River, then along Richmond's old road to White Hall road, thence up White Hall Road to the Beach Swamp Bridge, thence a straight course to Thomas Daniels on Fishing Creek; and that all that part of the said Parish of Edgecombe, as it stood intire and undivided before the passing of this Act, which lies to the Eastward of the aforesaid Bounds, shall retain the name of Edgecombe and be one Distinct Parish, and that all that part of the said Parish which lies to the Westward of the said Bounds shall be one Distinct Parish and be called by the name of Elizabeth, and be exempt from all Dependancies, Officers Charges or Constitutions, for or in Respect

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of the said Parish of Edgecombe, and all other Parochial duties whatsoever relating to the same, and shall and may, from time to time, have, hold, and exercise the like Authorities and Powers, and possess and enjoy the same immunities and Privileges as other Parishes in this Province.

II. And be it further enacted by the Authority aforesaid, that the Vestry of the aforesaid Parish of Edgecombe, as it stood entire and undivided before the passing of this Act, shall from henceforth be and is hereby dissolved and made void, to all Intents and Purposes, and the Freeholders of the said Parish of Edgecombe, as the same now stands divided from the aforesaid Parish of Elizabeth, shall and are hereby impowered and required to meet at the Court House of the said County of Halifax on the first Monday in May next, then and there to elect and choose twelve Freeholders of the said Parish to serve as Vestrymen of the same, and the Freeholders of the said Parish of Edgecombe shall and they are hereby impowered and required to meet at the Church near Conneconary, in the said Parish, on the second Monday in May next, then and there to Elect and choose twelve Freeholders of the said Parish to serve as Vestrymen of the same, which Elections shall be made by the Sheriff of the said County of Halifax, and the like Rules and Regulations, Pains and Penalties, as well in respect to the said Sheriff as the Freeholders of the said Parishes, as other Elections of Vestries in this Province are by Law appointed to be made, and the said Freeholders so elected for the said Parishes respectively, within forty days after being elected shall, before a Magistrate of the said County of Halifax, take the Oaths by Law appointed to be taken for the Qualification of Public Officers, and repeat and subscribe the declaration directed to be made by the Act of Assembly, Intitled “An Act concerning Vestries,” and also repeat and subscribe the test, and shall be and are hereby declared, from thence forth to be the Vestries of the said Parishes respectively, until the usual time of Electing Vestrymen in other Parishes, and shall and may and are hereby required to exercise and use the same Powers and Authorities as other Vestries in this Province may, can or ought to exercise, and shall be liable to the same penalties and forfeitures as other vestries or Persons elected Vestrymen are in any manner subject to, and the Vestrymen of the said Parishes respectively, or a Majority of them, when Qualified as aforesaid, shall choose Churchwardens for the said Parishes who shall continue in office until the usual time of electing Churchwardens in the ensuing year, at which time the said Vestries shall choose other Churchwardens.

III. And be it further Enacted, by the Authority aforesaid, that the said Vestries respectively, shall and are hereby required to lay a Tax on the Taxable Persons in their respective Parishes sufficient to defray the Contingent charges of them for the present year, which Taxes shall be collected, accounted for and paid in the same manner as other Parish Taxes, any Law to the contrary, notwithstanding.

IV. And be it further Enacted, by the Authority aforesaid, That the Vestry of the said Parish of Elizabeth shall and may take, receive and keep to the use of the said Parish, all such sum or sums of Money as have been collected of the taxes imposed and laid by the present Vestry of the Parish of Edgecombe, and shall stand chargeable to the several Creditors of the same for all Debts, Dues and Demands, now owing from the said Parish, except such Debts as were owing from the said Parish of Edgecombe, at the Commencement of the present Vestry of the said Parish, which said Debts shall be paid by the said Parishes of Edgecombe and Elizabeth in Proportion to the number of Taxables in them respectively, at the time of passing this Act.

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V. And be it further Enacted, by the Authority aforesaid, that John Bradford, Egbert Haywood and William Lane, Esquires, or any two of them, be and are hereby appointed Commissioners to lay off and mark the said dividing Line.

CHAPTER XIV.
An Act for establishing the Court House in the Town of Charlotte, in Mecklenburg County, and for regulating the said Town.

Whereas, by an Act entitled an Act for dividing the County of Mecklenburg and other Purposes, The Court of the County was directed to be held in the Courthouse then Built during the Term of Seven Years, which said Term is near expiring, and it having been represented that the removal of the Seat of the Court from the said Courthouse and the disposal of the same agreeable to the before recited Act, would be inconvenient to many of the Inhabitants of the said County and discourage the Trade and Commerce of the said Town.

I. 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 Courthouse already built in Charlotte Town be, continue and remain the Courthouse of the said County of Mecklenburg and the Inferior Court of the said County shall hereafter be constantly held therein; any thing in the said Act contained to the Contrary notwithstanding.

II. And whereas the frequent firing of Guns, Running Horse Races and playing at Long Bullets in the said Town is found to have a dangerous Tendency to prevent which,

III. Be it Enacted by the Authority aforesaid, that from and after the passing hereof no Person whatsoever shall shoot with a Gun except it be to kill Cattle or Hogs, or immoderately ride or strain any horse or horses, or play at Long Bullet within the Limits of the said Town under the Penalty of paying the Sum of Twenty Shillings for each Offence, to be recovered by a Warrant before any Justice of the Peace of the said County, by one of the Trustees.

IV. And whereas by an Act for Establishing a Town in Mecklenburg County, every Person having a deed for any Lot in the said Town of Charlotte is required to Build a house of the dimensions in the said Act specified within three years after the date of the Conveyance for the same, which is found to be injurious to the Inhabitants of the said Town.

V. Be it Enacted by the Authority aforesaid, That no Person or Persons shall forfeit his or their Lot or Lots for not building on the same, except such Lots shall front on one of the Main Streets in said Town, any Law Usage or Custom to the contrary notwithstanding.

VI. And be it further Enacted by the Authority aforesaid, That every Taxable Person in the said Town shall be obliged to work on the Streets thereof six days in every year if required by the Overseer, or find some Person to work for him, under the Penalty of Five Shillings for every day he shall refuse or Neglect, to be recovered as is herein before directed.

VII. Whereas some of the Trustees of the said Town are Dead and others removed out of the Province, Be it Enacted by the Authority aforesaid, That Jeremiah McCafferty, Robert Elliot, William Paterson and Isaac Alexander be added to the Trustees formerly appointed and they are hereby invested with the same Powers and Authorities as the other Trustees, anything to the Contrary notwithstanding.

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VIII. And be it further Enacted by the Authority aforesaid, That all fines arising in virtue of this Act shall be applied towards clearing and repairing the Streets in the said Town of Charlotte.

CHAPTER XV.
An Act for dividing the Parish of St. Mary's, in the County of Edgecombe, into two distinct Parishes.

Whereas the Parish of St. Mary in Edgecombe County is of such large extent that no Minister can conveniently serve the cure thereof.

I. 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 said Parish of St. Mary shall be divided as follows, to-wit, Beginning at James Canes on Fishing Creek, thence to Redmund Bunn's on Tar River, and from thence to Christian Roes Ferry on great Contentney; and all that part of the said Parish of St. Mary, as it now stands entire and undivided, which lies to the Eastward of the aforesaid Bounds, shall retain the name of St. Mary, and be one distinct Parish, and all that part of the said Parish, which lies to the Westward of the said Bounds shall be one distinct Parish and be called by the name of Elizabeth and be exempt from all dependencies, offices, Charges or Contributions for or in respect of the Parish of St. Mary and Parochial duties whatsoever relating to the same, and shall and may from time to time have, hold and exercise the like authorities and Powers and possess and enjoy the same immunities and Privileges as other Parishes in this Province.

II. And be it further Enacted by the authority aforesaid, That the Vestry of the aforesaid Parish of St. Mary as it now is entire and undivided, shall from henceforth be, and is hereby Dissolved and made Void to all intents and Purposes; and the Freeholders of the said Parish of St. Mary, as the same shall stand divided from the Parish of Elizabeth, shall and are hereby impowered and required to meet at the Court House of the said County of Edgecombe on the first Tuesday in May next, then and there to elect and choose twelve Freeholders of the said Parish to serve as Vestrymen of the same; and the Freeholders of the said Parish of Elizabeth shall and they are hereby impowered and required to meet at the House of Saml. Carters in the said Parish on the Second Tuesday in May next, then and there to elect and choose twelve Freeholders of the said Parish to serve as Vestrymen of the same, which Elections shall be made by the Sheriff of the said County of Edgecombe or his Deputy, under the like Rules and Restrictions, Pains and Penalties as well in respect to the said Sheriff as the Freeholders of the said Parishes, as other Elections of Vestries in the Province are by Law appointed to be made, And the said Freeholders so Elected for the said Parishes respectively, within Forty days after being elected, shall, before a Majistrate of the said County of Edgecombe, take the Oaths by Law appointed to be taken for the Qualification of Public Officers, repeat and Subscribe the declaration directed to be made by the Act of Assembly concerning Vestries, and also repeat and Subscribe the Test, and shall be, and are hereby declared from thenceforth to be the Vestries of the said Parishes respectively, until the usual time of electing Vestrymen in other parishes and shall and may and are hereby required to exercise and use the same Powers and authorities as other Vestries in this Province may, can or ought to exercise, and shall be liable to the same Penalties and Forfeitures as other Vestries or persons elected Vestrymen, are in any manner Subject to; and the Vestrymen

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of the said Parishes respectively or the Majority of them, when qualified as aforesaid shall choose Church Wardens for the said Parishes who shall continue in office until the usual time of electing Churchwardens in the ensuing Year at which time the said Vestries shall choose other Church-Wardens.

III. And be it further Enacted by the Authority aforesaid, That the said Vestries respectively shall, and they are hereby required, to lay a Tax on the Taxable Persons in their respective parishes, Sufficient to defray the contingent Charges of them for the present Year; which Taxes shall be collected, accounted for and paid in the same manner as other Parish Taxes, any Law to the contrary notwithstanding.

IV. And whereas the Parish of St. Mary is in arrears to sundry Creditors and in order that the same may be satisfied and paid, Be it therefore Enacted by the Authority aforesaid, That the said Parish of St. Mary and the said Parish of Elizabeth as they now stand divided by this Act shall equally in proportion to their respective number of Taxables, be chargeable with and liable to the payment of all such sum or sums of money as are now due from the said Parish of St. Mary, and the vestry of each of the said Parishes respectively are hereby impowered and required to lay such a Tax on the Taxable Persons in their respective Parishes as shall be sufficient to pay their proportionable part of the said Arrears, and the said Tax so laid shall be collected and accounted for in the same manner as other parish Taxes are, anything herein contained to the contrary notwithstanding.

V. And be it further Enacted by the Authority aforesaid, That Sherwood Haywood, William Horn & Etheldred Exum or a Majority of them, are hereby appointed Commissioners for marking the dividing line between the said Parish of St. Mary and Parish of Elizabeth.

CHAPTER XVI.
An Act to amend an Act for the laying out a Town on the Lands of Richard Evans in Pitt County, by the Name of Martinborough, and for removing the Court House, Prison and Stocks into the said Town.

Whereas, by the before recited Act it is enacted that Richard Evans should signify his Consent in open Court before the Commissioners should proceed to lay out said Town, which was not complied with in the life time of the said Richard Evans, and Susannah Evans, the Widow and Relict of the said Richard Evans, in whom the fee simple of the said Lands was vested after his death, in order to comply with the Intention of the said Act hath conveyed the said Lands to the Commissioners of the said Town for the purposes in the said Act expressed.

I. Be it therefore enacted by the Governor, Council and Assembly and by the Authority of the same, that the Land laid out and appropriated for the said town by the Commissioners mentioned in the Act aforesaid, shall be and is hereby declared as effectual as if the Consent of the said Richard Evans thereto had been previously obtained, and that all Deeds and Conveyances made by the Commissioners aforesaid of any Lot or Lots in the said Town, shall be and are hereby declared good and valid in Law to convey the fee simple of the same to the Purchasers, their Heirs and Assigns, forever.

II. And whereas it would be of general utility to the County of Pitt, as well as of singular advantage to the said Town and promote the Trade and

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Commerce thereof, if the Court of said County should be held for the future in the said Town on the Days prescribed by Act of Assembly.

III. Be it Enacted by the Authority aforesaid, that Charles Forbes, Henry Ellis, Benjamin May, George Evans and William Roberson, be and hereby appointed Commissioners, and they, or a Majority of them, are hereby authorized and impowered to agree and contract with Workmen to remove the Court House, Prison and Stocks from where they now stand into the said Town of Martinborough on such parts of the lots set apart by the Commissioners for that purpose, as to them shall seem most proper. And the Justices of the said County of Pitt may and are hereby required to hold the Court of said County at the House of Mr. John Lessley in the said Town until the Court House shall be finished at which Time the said Justices shall adjourn the Court to the Court House.

IV. And that a succession of Commissioners may the better be kept up, Be it enacted by the Authority aforesaid, that the Sheriff of the County of Pitt or his Deputy shall on the first Thursday in May, in the Year of our Lord One Thousand Seven Hundred and Seventy-five, before the Hour of 10 o'clock in the morning, open the Poll and receive the Votes of the Freeholders of the said Town for electing five Persons to be Commissioners and shall continue the same so open until Sunset, when he shall proclaim the five Persons who have the greatest number of Suffrages to be Commissioners for the ensuing Year, and in the like manner shall on the first Thursday in May annually, open the Poll, receive the votes and proclaim the Commissioners as before directed, under the Penalty of Fifty Pounds Proclamation Money for every neglect or refusal to comply with the directions of this Act, to be recovered by Action of Debt, Bill, Plaint, or Information in any Court of Record wherein no Assoign, Injunction or Wager of Law shall be allowed or admitted, by any Person or Persons who shall sue for the same, one half to the Prosecutor the other half to be applied towards defraying the Contingent charges of Government, which Commissioners so chosen or elected shall have full Power and Authority to remove Nuisances, keep the Streets in repair and make Orders for the good Government of the said Town.

CHAPTER XVII.
An Act to prevent counterfeiting the Paper Money of this and the other British Colonies, and to prevent counterfeiting the Gold and Silver Coin circulating in this Province.

Whereas, the want of a sufficient quantity of circulating Specie to answer the purposes of Commerce or the exigencies of Government hath induced this, and most others of the British Colonies in America, to circulate certain paper Notes as the representative of Specie to pass in payments for limited Periods, when their redemption is provided for, the Counterfeiting of which is usually made Felony in the respective Governments where they are emitted, but it is supposed that sundry evil minded persons have lately established presses in this Colony for printing Counterfeit Bills of Credit of others as aforesaid and by that means such forged paper is thrown into circulation with greater Facility and Security to the Authors thereof, and it being Judged reasonable that neighbouring Colonies having intercourse in Trade should provide as far as in them lies against the debasing of their medium of Commerce, and Whereas the Laws of this Province for the punishment of those who Counterfeit the Gold and Silver Coin circulating therein are defective.

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I. Be it therefore enacted by the Governor, Council and Assembly and by the authority of the same, That if any Person or Persons shall within this Colony prepare, Engrave, Stamp or print, or cause or procure to be prepared, Engraved, Stamped or Printed the Counterfeit resemblance of any Paper money or Debenture Bills which now are or hereafter may be circulated in Payments by Legislative Authority in this or any other British Colony or Plantation in America, with intention that such Counterfeit paper shall be passed in payment, whether the same be so passed or not, or if any Person or Persons shall in this Colony pay, or tender in Payment any such Counterfeit Money, knowing the same to be Forged or Counterfeited, altered or erased, every such Person being Lawfully Convicted shall be adjudged a Felon and shall suffer Death without benefit of Clergy.

II. And be it further Enacted by the Authority aforesaid, That if any Person or Persons in this Province shall Counterfeit or diminish any of the Gold or Silver Coin circulating therein; such Person or Persons so offending shall upon conviction, be adjudged Guilty of Felony without Benefit of Clergy.

III. And be it further Enacted, by the Authority aforesaid, That this Act shall continue & be in force from and after the passing thereof for and during the Term of Five Years and no longer.

CHAPTER XVIII.
An Act directing the Duty of Sheriffs, with Respect to Insolvent Taxables.

Whereas, it is customary for the Inferior Courts of this Province to allow the Sheriffs in the settlement of their Accounts a large Number of Insolvent Taxables annually, which they are not by any Law prevented from afterwards collecting to their own Use, to the great Injury of the Public, and Distress of many poor Families, who for want of Proper Information, are not benefitted or relieved by the Indulgence of the Courts to the Sheriffs on their Accounts: For remedy whereof,

I. 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 Inferior Court in this Province to allow any Sheriff in the Settlement of his accounts for more insolvent taxables than he shall have expressly named and sworn to, in a List by him then delivered to the Court, to be deposited with the Clerk of the said Court, and kept in his Office for public Inspection; which Clerk shall within ten days from such Settlement, cause a copy of the said list to be put up at the Court House in his county annually, under the penalty of ten Pounds, Proclamation money, for each and every neglect; to be recovered with Costs, by Action of Debt or Information, in any Inferior Court of this Province, and applied, one half to the Use of the Parish where the offence may be committed, and the other half to the Person who shall sue for the same; which Clerk shall be entitled to the sum of twenty shillings for the above Service, to be paid annually, out of the County Tax.

II. And be it further Enacted by the Authority aforesaid, That if after the passing this Act, any Sheriff shall return to Court as Insolvent, the Name of any Person who is not inlisted, or has actually paid his Tax for that Year, or shall presume to collect or receive, by himself or Deputy, from any Person, his Tax for the Year for which he has been returned an Insolvent, such Sheriff shall forfeit and pay for every Offence the sum of Twenty Pounds; to be recovered as is before directed, and applied one-half to the Use of the Parish where the offence shall be committed, the other half to the Party injured, who may sue for the same.

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CHAPTER XIX.
An Act to Enforce an Act, entitled, An Act to encourage the destroying of Vermin in the several Counties therein mentioned, passed in the Year One Thousand Seven Hundred and Seventy-three.

Whereas, many Counties in this province not mentioned in the before recited Act are much infested with Wolves and other Vermin to the great prejudice of the inhabitants thereof,

I. 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 before recited Act and every clause and Article therein shall extend to and be in force in the said Counties of Brunswick, Rowan, Currituck, New Hanover, Tryon, Bladen, Cumberland, Pitt, Duplin, Dobbs, Johnston, in as full and ample manner as in the Counties therein mentioned.

CHAPTER XX.
An Act to amend an Act entitled an Act for repairing the Gaol for the District of Halifax, in the Town of Halifax.

Whereas, the Time limited in the said Act hath expired in which the Commissioners appointed by the same were impowered and required to Agree and Contract with Workmen to repair the Gaol of the District aforesaid.

I. Be it therefore Enacted by the Governor, Council and Assembly, and by the Authority of the same, That the Commissioners, or a Majority of said Act, shall and may and are hereby impowered and required, within any convenient time after the passing of this Act, to agree and contract with Workmen to repair the said Gaol in the best and most substantial manner, as is directed by the said recited Act; and that they be and are hereby vested with the same powers and authorities and be subject to the same regulations & restrictions, any Law to the Contrary notwithstanding.

CHAPTER XXI.
An Act for further continuing an Act, intitled an Act for appointing a printer to this Province.

Whereas, an Act of Assembly passed in the Year One Thousand Seven Hundred and Sixty-six, for appointing a Printer to this Province, which said Act was further continued for Three years, will expire with the end of this session of Assembly, and it being necessary that the said Act should be further continued:

I. Be it therefore Enacted by the Governor, Council and Assembly, and by the Authority of the same, That the above recited Act, and every Clause and Article thereof, be and continue in force from and after the Expiration thereof, for and during the Term of one Year, and from thence to the End of the next Session of Assembly.

CHAPTER XXII.
An Act to amend an Act, entitled, An Act for building a Court House in the Town of Salisbury, for the District of Salisbury.

Whereas, the Commissioners appointed in the before recited Act, by

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reason of the distance they reside from each other, have neglected to discharge the trust reposed in them by the said Act.

I. 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 John Dunn, James Karr, Maxwell Chambers, John Colson, Alexander Martin, Charles McAnnally, Thomas Polk, William Moore, Esquires, be and they are hereby appointed Commissioners in the room and Stead of those heretofore appointed, which Commissioners, or any three of them, are hereby declared to have, possess and enjoy the same powers and authorities and subject to the same Pains and restrictions in every respect as the former Commissioners in and by the said Act had possessed or were subject to, any thing therein contained to the contrary notwithstanding.

CHAPTER XXIII.
An Act to enforce an Act, entitled, An Act for preventing the frequent Abuses in taking up and secreting stray Horses in the Counties of Orange, Granville, Bute, Rowan, Anson, Mecklenburg, Johnston, Dobbs, Halifax, Edgcombe, Northampton, Hertford, Tyrrel, Craven, and Pitt, in the County of Chatham.

Whereas, it is necessary that the before recited Act should extend to and be in force in the County of Chatham;

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

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by the Authority of the same, That the before recited Act and every Clause and Article therein, together with the Amendment thereof passed in the year one thousand seven hundred and seventy one, shall be extended to and be in force in the County of Chatham in as full and ample a manner as in the Counties mentioned in the said Act.

CHAPTER XXIV.
An Act for appointing Commissioners to erect a Court House, Prison and Stocks in the County of Guilford.

I. and II. obsolete.

III. And whereas satisfaction has been made to the said John Campbell, for one acre of land, whereon to erect said public buildings, and to prevent any doubts that may arise in conveying a proper title for the same; Be it further Enacted, by the Authority aforesaid, that the fee simple of the said acre of land shall be, and is hereby declared to be vested in the Justices of the Peace for the said county, and their successors, forever, to the only proper use and behoof of the said county, for the purposes aforesaid; any law, custom, or usage, to the contrary, notwithstanding.

CHAPTER XXV.
An Act to empower the Justices of Anson County to establish free Ferries, and lay a tax for defraying the Charges thereof.

Whereas, the River Pee Dee runs thro' Anson County over which it is necessary for many of the Inhabitants to pass to attend the Courts and other public meetings at the Court House in the said county—expensive to said inhabitants.

I. Be it therefore Enacted by the Governor, Council and Assembly, and by the Authority of the same, that the Justices of the said County, or any five of them assembled in Court, be and are hereby impowered and required to agree with the owners of the Ferries at the places where Bluitts and Masks Ferries are now kept, for such a sum of Money as to them shall appear reasonable, to set over such Ferries any of the Inhabitants of the said County free from any charge whatsoever on any of the days of the sitting of the Court, Election of Members of Assembly or Vestrymen, meeting of Vestry or General Musters of the said County.

II. And be it further Enacted by the Authority aforesaid, That the Justices of the said County are hereby Authorized and required Yearly, and in every Year, at the same time that they lay the County Levy, to lay a Tax not exceeding four pence Proclamation Money on each Taxable Person in the said County, to be collected and accounted for by the Sheriff with the Justices of the said County in the same Manner as any other County Taxes and by them applied to the Discharge of the Contracts by them to be made in virtue of this Act, and the over plus if any, to the contingent Charges of the County.

III. And be it further Enacted by the Authority aforesaid, That the Ferrymen that now are appointed by the said Court to keep Ferry at the places aforesaid, with whom the Justices shall agree as aforesaid, shall be and they are hereby obliged to set over, Ferriage free, any of the Inhabitants of the said County on the days and times aforesaid, under the Penalty of Twenty Shillings Proclamation Money for every Offence, to be recovered by the party grieved before any Justice of the peace and applied to his own Use.

IV. And be it further Enacted by the Authority aforesaid, that it shall and may be lawful for the Justices of the said County, and they are hereby required to take Bond and Security of such Ferry-keeper with whom they shall agree as aforesaid, in the Sum of Twenty Pounds for the faithful performance of the duty enjoined them by this Act.

V. And be it further Enacted by the Authority aforesaid, That this Act shall continue and be in force during the Term of three Years, and from thence to the end of the next session of Assembly, and no longer.

CHAPTER XXVI.
An Act to amend an Act, for Dividing the Northern Part of Rowan County, and erecting a new County, by the Name of Surry County, and St. Jude's Parish.

Whereas, some of the Commissioners in the before recited Act appointed for building a Court House, Prison and Stocks in the County of Surry, are removed out of this Province, and the Majority of the remaining Commissioners reside out of the County, by which Means the Public Buildings are not finished according to the directions of the said Act.

I. Be it therefore Enacted by the Governor, Council and Assembly, and by the Authority of the same, That Richard Good, Gray Bynum, Samuel Freeman, Joseph Phillips and Phillip Howard be, and they are hereby appointed Commissioners for the purposes of Erecting, Finishing and Compleating the said Public Buildings in the room and stead of those heretofore appointed, and they or the Majority of them are hereby invested with the same Powers and Authorities in every respect as the Commissioners appointed in and by the before recited Act, anything therein contained to the contrary, notwithstanding.

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CHAPTER XXVII.
An Act to empower the Justices of Bladen County to hold the Inferior Court of Pleas and Quarter Sessions in the Town of Elizabeth, in the said County.

Whereas, the removal of the Court from the Courthouse in Bladen County to The Town of Elizabeth would greatly promote the improvement and Trade thereof.

I. 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 Inferior Court of Pleas and Quarter Sessions for the County of Bladen shall be held by the Justices of the said County at some convenient House in the Town of Elizabeth, and that all Causes, Pleas, Writs, Actions, Suits, Plaints, Process, Precepts, Recognizances, Indictments, Presentments and other matters and things, in the said County of Bladen depending, shall stand adjourned and continued, and are hereby adjourned and continued from the Courthouse of the said County to the Court to be held for the said County in the Town of Elizabeth; and all appearances and returns of process shall be made to the Inferior Court to be held for the said County at the Town aforesaid, and all suitors and Witnesses shall be bound to appear thereat in the same manner and under the same Penalties as if the said Court had been continued at the Court House.

CHAPTER XXVIII.
An Act to facilitate the Navigation of Neuse River.

Whereas, the frequent Erecting of Dams across Neuse River hath rendered the navigation of the said River difficult and dangerous and is injurious to Trade.

I. 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 it shall not be lawful for any Person or Persons whatsoever to Erect or make any hedge, stop or dam across the said River, at any place below the mouth of Eno River, at any time between the first day of December and the first day of June in each Year, under the Penalties of Twenty Pounds Proclamation Money, to be recovered before any Jurisdiction having Cognizance thereof by any person suing for the same.

II. And be it further Enacted by the Authority aforesaid, that all dams already made for the retention of Fish shall be kept open by the Owner or Owners thereof, in such a manner that Boats or other Crafts may pass and repass from the said first day of December to the first day of June in each year, under the like Penalty, to be recovered and applied as is hereinbefore directed.

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 XXIX.
An Act to continue an Act, entitled, An Act to Amend an Act, entitled, An Act for the Regulation of the Town of Wilmington.

Whereas, the before recited Act will expire with the end of this present Session of Assembly, and the same being of General Utility to the Inhabitants

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of the said Town and others, renders it necessary that the same should be further continued.

I. Be it therefore Enacted by the Governor, Council and Assembly, and by the Authority of the same, That the before recited Act, and every Clause and Article thereof, shall be continued, and remian in full force and Virtue for and during the Term of three Years from and after the passing of this Act, and from thence to the end of the next Session of Assembly, and no longer.

CHAPTER XXX.
An Act to explain an Act for erecting a Parish in Chatham County, by the name of St. Bartholomew.

Whereas, the Law for erecting a Parish by the name of Saint Bartholomew in the County of Chatham is doubtful and uncertain, for Explanation whereof;

I. 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 Election of a Vestry in the parish and County aforesaid shall be made in the like manner and under the like Rules and Restrictions, Pains and Penalties, that other Elections of Vestries are made by an Act passed in the Fifth Year of his present Majestys reign, entituled “An Act for making Provision for the Clergy, providing for the poor and the due Management of Parochial Affairs.”

II. And be it further Enacted by the Authority aforesaid, That the Freeholders of the aforesaid Parish in the aforesaid County shall and they are hereby impowered, required and directed, to meet at the Courthouse of the said County on Second Monday in May next, after the passing of this Act, then and there to elect and choose twelve Freeholders of the said Parish to serve as Vestrymen of the same.

CHAPTER XXXI.
An Act to Prevent the wilful and malicious killing of Slaves.

Whereas some Doubts have arisen with Respect to the Punishment proper to be inflicted upon such as have been guilty of willfully and maliciously killing Slaves:

I. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the first day of May next, if any Person shall be guilty of wilfully and maliciously killing a Slave, so that, if he had in the same Manner killed a Freeman, he would by the Laws of the Realm be held and deemed guilty of Murder, that then and in that Case such Offender shall, upon due and legal Conviction thereof, in the Superior Court of the District where such offence shall happen, or have been committed, suffer twelve Months Imprisonment: And upon a second Conviction thereof, shall be adjudged guilty of Murder, and shall suffer Death, without benefit of Clergy.

II. And be it further Enacted by the Authority aforesaid, That if the Slave so wilfully and maliciously killed, shall be the property of another, and not of the Offender, he shall on the first Conviction thereof, pay the Owner thereof such sum as shall be the Value of the said Slave, to be assessed

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by the Inferior Court of the County where such Slave was killed, and shall stand committed to the Gaol of the District where such conviction shall happen, until he shall satisfy and pay the said Sum so assessed.

III. Provided always, That this Act shall not extend to any Person killing any Slave outlawed by virtue of any Act of Assembly in this Province, or to any Slave in the Act of Resistance to his lawful Owner or Master, or to any Slave dying under moderate Correction.

CHAPTER XXXII.
An Act for erecting part of the Counties of Halifax and Tyrrell into one Distinct County and Parish.

Whereas the great Extent of the Counties of Halifax and Tyrrell, renders it exceedingly troublesome and expensive to many of the Inhabitants thereof to attend the Courts of Justice, Elections and General Musters, and for the Sheriffs to make Public Collections: For Remedy whereof,

I. 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 said Counties be divided as follows, to-wit, Beginning at the mouth of Kehukee Creek, on Roanoke River, and running a direct Line to Edgecombe County Line, where it crosses the Tar River road that leads by Nicholas Loyd's; thence down Edgecombe Line, to Pitt County Line; thence along Pitt Line, to Beaufort County Line; thence along Beaufort Line, to the Head of Welch's Creek, near Stewart Hamilton's plantation; thence down Welch's Creek, to Roanoke river; thence up the River to the beginning; and all that part of the said Counties, included within the said Bounds, be thenceforth erected into a distinct County and Parish, and called and known by the Name of Martin County, and Parish of St. Martin.

(The remaining Sections altogether of a private or a temporary Nature.)

Read three times, and Ratified in open Assembly, the 19th day of March, A. D. 1774.

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