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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1777
North Carolina. General Assembly
April 07, 1777 - May 09, 1777
Volume 24, Pages 1-42

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LAWS OF NORTH CAROLINA, 1777.

At a General Assembly, begun and held at New Bern, on the Eighth Day of April, in the Year of our Lord One Thousand Seven Hundred and Seventy-seven, and in the First Year of the Independence of the said State: Being the first Session of this Assembly. Richard Caswell, Esq., Governor.

CHAPTER I.
An Act to Establish a Militia in this State.

I. Whereas, a well regulated militia is absolutely necessary for the Defending and securing the Liberties of a free State,

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that the Militia of this State be divided into six Brigades, viz.: One in each of the Districts of Edenton, New Bern, Wilmington, Halifax, Salisbury and Hillsborough. And each Brigade to be commanded by a Brigadier General. And the Militia of every County shall consist of all the effective men from sixteen to fifty years of age inclusive, to be formed into one or more regiments, each under the command of a Colonel, Lieutenant Colonel and two Majors. Every Regiment shall be divided into companies, consisting of fifty Rank and File at least, two sergeants, two corporals, one Drummer and one Fifer; and each Company to be under the command of a Captain, Lieutenant and Ensign. That every Company shall be divided into four Divisions, who shall draw Lots, for the First, Second, Third and Fourth Turns, to go on service and shall be numbered according to such lots.

III. And be it further enacted that the foregoing arrangements shall immediately upon the publication hereof be made in every County in this State by the Field Officers and Captains in their respective Departments; and that every Captain immediately on such arrangement, and afterwards every six Months shall return a Muster Roll of his Company, divided and numbered as aforesaid, to the Commanding Officer of the Regiment, under pain of forfeiting Five Pounds for every Default; and the commanding officer of each Regiment shall make an exact return from such lists within twenty days after receiving the same, to the Brigadier General of the District under pain of forfeiting Twenty Five Pounds for every Default.

IV. And be it further enacted, that the commanding officer of every Regiment shall whenever thereto required by the Brigadier General of the District, order a General Muster at the most convenient place for his regiment: under pain of Forfeiting Twenty-Five Pounds for every Default; provided he does not call them together more than twice in one year. And every Captain shall muster and train his company, divided as before directed, once in every month and oftener if directed by the commanding officer, under pain of forfeiting Five Pounds for every default. And every soldier refusing or neglecting to attend the General Muster, shall forfeit the sum of ten shillings, to be recovered together with the foregoing forfeitures as hereinafter directed.

V. And be it further Enacted, that the Brigadier Generals respectively, shall

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return an exact Roll of all the officers and soldiers of their Brigades, distinguished into their proper Companies and divisions, to the Governor, once every year, and oftener if required; under penalty of One Hundred Pounds for every Default.

VI. And be it further enacted, that each Militia soldier shall be furnished with a good Gun, shot bag and powder horn, a Cutlass or Tomahawk, and every Soldier neglecting to appear at any muster, accoutered as above, shall forfeit for every such offence two shillings and six pence (unless he can make it appear that they were not to be procured) to be recovered as other fines. And where any person shall appear to the Field Officers not possessed of sufficient property to afford such arms and accouterments, the same shall be procured at the expence of the County, and given to such persons on muster Days, or when ordered into service, which Guns and Accouterments after such service, shall be returned to the Captain of the Company, and by him carefully preserved for future occasions. And whenever the Militia are called into service, they shall be allowed as follows, viz.: One Baggage Wagon or two Carts for every Company, and one Cart and two Horses for a Brigadier General, one Baggage Cart and two Horses for the Field Officers of each Regiment; Ammunition and Waggons at the Discretion of the Brigadier General; the same rations to them and officers as allowed to the Continental Army, to be supplied by Commissaries appointed by the Brigadier; one Bell tent to each Company, entrenching tools, six axes, and a sufficient number of camp kettles. And the pay of the men and officers as follows, viz:.

A Colonel per day 12—6
A Lieutenant Colonel 10
A Major 10
A Captain 7—6
A Lieutenant and Chirurgeon 5
An Adjutant 7—6
An Ensign 4—6
A Sergeant 4
A Corporal, Drummer and Fifer 3
A Common Man 2—6
A Brigadier General 1— 12

VII. And be it further Enacted, that the Commanding officer of every Regiment shall return an account of all expenses and Disbursements and pay appertaining to the said Regiment and shall produce as vouchers for such account, the amount rendered on oath of the Captains of the several Companies, and other persons expending or disbursing for the said regiment.

VIII. And be it further enacted, that there shall be ten light horsemen, and no more, from each Regiment, to be arranged in one or more companies, when they shall have joined the Brigade, at the Direction of the Brigadier General.

IX. And be it further Enacted, that no officer or soldier, in the Militia Service shall be tried for any offence against the Militia Law, or the Articles of War, except by a Court Martial to consist only of Militia officers.

X. And be it further Enacted that no Brigade, Regiment, Company or Division of Militia shall be under Command of any but Militia Officers, except when such Militia shall be ordered by the Civil Town to join the Continental Troops: In which case the Continental Officer of equal and the Militia officer of superior Denomination shall command.

XI. And be it further enacted, that such Divisions as shall at any time be

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called into service shall be formed into Companies of not less than fifty men each with a proportioned number of officers, Sergeants, Corporals, Fifers and Drummers; and all the officers of each Regiment shall agree among themselves, concerning who shall command the men directed to march into actual service: But if they cannot agree, the Commanding Officer shall cause Lots to be drawn, and the officers on whom such Lot shall fall, shall command in their proper Rank and Department.

XII. And be it further enacted, that all persons within the ages of sixteen and fifty shall be liable to be drafted, and every person so drafted, obliged to serve or find an able bodied person in room. Provided, that the Council of State, and Publick Secretary, and Justice of the Peace, Ministers of some Church regularly settled, and having the Cure of Souls, and Continental post masters, shall not be obliged to attend general or private Musters.

XIII. And be it further enacted, that for all Defaults at Private Musters, the Captains of their respective Companies shall issue Citations against the Delinquents, returnable to the succeeding Muster: and in case of insufficient cause being shown for absence, shall issue his warrant to the sergeant for levying the above Fines; and the fines so collected shall be applied towards providing arms for such as have not sufficient property to procure such for themselves.

XIV. And be it further enacted, that there shall be a Court Martial held the Day after every General Muster, to be composed of one Field Officer and six Captains, or subalterns, at least, which said Court shall have full power to inquire into the Age, and abilities of all persons enlisted and to exempt such as they judge incapable of service and of all neglects and omissions as well by any officers as soldiers; and to hear and determine all appeals whatever; and to dispose of all Fines for the use of the County: and the said Court is hereby Directed and required to keep a Register of all their proceedings; and for that purpose to appoint a Clerk, and to allow him a reasonable salary out of the Fines.

XV. And be it further enacted, that where any soldier shall neglect or refuse to appear at any general muster, equipt as aforesaid, the Captain of the Company to which he belongs shall return him as a Delinquent to the General Court Martial: and they are directed and required hereby to send citations against such persons, signed by the President and returnable to the next General Court Martial; and on failure of sufficient excuse, they are hereby impowered to issue execution against the Estate of such Delinquents, for the Fines incurred by their neglect or refusal.

XVI. And be it further Enacted, that if any soldier shall during the time of any muster, or when in service, 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. 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, to be levied by a warrant from any Field Officer in the Regiment, and applied as other fines mentioned in this act.

XVII. And be it further enacted, that no officer or soldier going to, continuing at or returning from any Muster in any reasonable time shall be liable to be arrested by any officer, on any civil action or process whatsoever: any Law, Usage or Custom to the contrary notwithstanding.

XVIII. And be it further enacted, that in all cases where it shall be requisite to administer an oath relative to any Military matters, any Commissioned officer is hereby impowered and required to administer the same.

XIX. And to prevent oppression: Be it further enacted, that no officer or soldier of the Militia or regulars in this State, shall press any Wagon, Cart

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or Horse or other thing of any nature whatsoever, unless authorized thereto by warrants under the Hands and Seals of two Justices of the Peace (Not being militia officers then in actual service) of the County where such Press shall be necessary. And any officer or soldier before he shall press anything as aforesaid, shall demand the same peaceably from the owner or possessor thereof; and in case of refusal shall produce his warrant aforesaid, before he proceeds to press. And every officer or soldier who shall offend against this act shall forfeit and pay ten pounds for every such offence to the person injured, and be moreover liable to the action or actions of the party grieved; to be recovered before any jurisdiction having cognizance thereof. And every thing so pressed shall be valued by two indifferent persons upon oath, and a certificate of the valuation given by such valuers, to the owner or possessor, from whom the same shall be pressed; in order that if the same shall not be restored to the owner or possessor, he may be allowed such valuation by the publick.

XX. And be it further enacted by the authority aforesaid, that every absentee shall be allowed till the next succeeding muster to make 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 such captain to issue a summons to cause such suspected person to appear before him, and upon hearing him or the person refusing to obey the summons, the Captain shall then proceed as to him seems just. And every person that shall be fined in virtue of this act, and shall think himself injured by his officers, may appeal to the next Court Martial; first giving security in the sum of twenty shillings 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.

XXI. And be it further enacted by the authority aforesaid, that every person who shall neglect or refuse, on call or alarm given, to appear himself in person, or send an able bodied man in his stead, at such times and places as shall be appointed by his Captain or other officer, shall forfeit and pay ten pounds proclamation money. And it shall and may be lawful for any one Justice of the Peace of the County where such person so failing resides to cause him to be immediately apprehended and committed to Gaol, until he shall find security for his appearance at the next Court Martial. And if such Defaulter shall fail to appear and make satisfactory excuse to the next Court Martial, the President of the said Court Martial is hereby directed and empwered to issue his Warrant for levying the aforesaid Fine, directed to the Sheriff of the County where the offender resides. And such Sheriff who is hereby required and directed to execute the same, shall for every neglect or refusal, forfeit and pay the sum of Twenty Pounds Proclamation Money to be recovered by action of Debt in any Court of Record in this State. And every 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 his 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, two Captains, two Lieutenants, and two Ensigns, or the Majority of them openly to hold a Court Martial, first taking the following Oath; which is to be taken by all other Court Martials, Viz: You shall swear well and truly to try according to evidence, in the matter now before you, and on trial and conviction to punish the offender according to Martial Law and the nature of the offence may require (death excepted). And for want of such number of officers to compleat a Court Martial the offender shall be

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put under guard until such time as there shall be a sufficient number for that purpose.

XXII. And be it further enacted by the Authority aforesaid, that when any Brigade shall be ordered into actual service, the following rules and regulations shall be observed, viz: One Waggon Master shall be appointed by the Field Officers of every Battalion, subject to be removed or rejected by the Brigadier General; who before he enters upon his duty shall take an oath that he shall faithfully execute the said office. And the Commissaries shall every morning make a return to the Waggon-Master of the provisions which the Waggon Master having examined and compared, shall return signed and certified, to the Commanding Officer. And the Waggon Master shall attend as his special duty to the arrangement of the Waggons, taking care that every morning no more begin the march, than one for every ton of provisions, except where there may be half a ton or upwards, over and above what will make a ton for every Waggon but one; in which case the one waggon shall be kept in service, until so much is consumed, as to render it below half a ton. And in all cases where the quantity over a ton for each Waggon, is less than half a ton, the overplus shall be distributed into the other waggons, as equally as may be. And every morning all the empty waggons shall be discharged; each waggon having first obtained a certificate from the Waggon Master, setting forth the number of days it had been in service, and the place where discharged and the distance to return. And for every twenty miles of such return, each waggon shall be allowed twenty shillings, or one Day's pay, and half the sum for such Carts as shall be employed in the service And every Waggon-Master shall be allowed the pay and rations of a Major. That there be a paymaster to each Brigade who shall attend the same and be allowed Major's pay and rations.

XXIII. And be it further enacted by the authority aforesaid, That the divisions made for drafting the militia in the several counties in this State, according to a resolve of Congress passed at Halifax in May last, shall continue; and the persons who have in pursuance thereof been drafted and actually called forth in the service of this State, shall not be again drafted, nor called into actual service, till, according to the order of the said Divisions, it shall in rotation come to their time to be again drafted and called into the actual service of this State; anything in this act contained to the contrary notwithstanding.

XXIV. Whereas the penalties incurred by some of the Militia, who refused to march in the late expedition against the Cherokees and other enemies, for the necessary Defence of this State, have been imposed agreeable to Act of Assembly, and resolves of Congress; and whereas some of the said penalties incurred and imposed, as aforesaid, have not been collected.

XXV. Be it therefore enacted by the authority aforesaid, That the Colonel or Commanding officer of every Regiment of Militia in this State, shall be and is hereby impowered and authorized to issue his Precept under his hand and seal, directed to the Sheriff of the County, where the offender resides, to levy the said Fines, by Distress and sale of the offender's Goods and Chattels; and the said fines shall be applied in the same manner as other fines imposed by this act. And the sheriffs for their service shall out of the said fines receive the fees allowed by law for levying executions, and for every Neglect or Refusal, shall forfeit and pay the sum of Ten Pounds.

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CHAPTER II.
An Act for levying a Tax by General Assessment, and other Purposes.

I. Whereas the levying a tax on property by general assessment will tend to the ease of the inhabitants of this State and will greatly relieve the poor people thereof and as it is absolutely necessary for the support of government and defraying the expences and contingent charges thereof that a tax be immediately laid and the monies arising therefrom collected as soon as may be.

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that a tax of one half of a penny be levied on each pound value of all the Lands, Lots, Houses, Slaves, Money, money at interest, Stock in trade, Horses and Cattle in this State.

III. And for the better ascertaining the value of such property, Be it further enacted by the authority aforesaid, that the several County Courts in this State shall at their respective Courts to be held after the first day of July next and so at such Courts yearly and every year lay out their respective counties into moderate and convenient districts and shall appoint a Magistrate for each District to receive from every Inhabitant of such District a just and true amount of his or her Estate as aforesaid on oath within one month after the sitting of such Court which account shall be immediately delivered by the Magistrate so receiving the same to the persons appointed to value the property in such District together with an account of his own estate upon oath.

IV. And be it Enacted by the authority aforesaid, that the said Courts respectively shall appoint three honest and intelligent persons who shall on oath (to be administered by any Justice of the Peace) value the property of each individual as aforesaid, as near as may be within their respective districts and make return thereof to the next succeeding County Court and in case they cannot all agree in such valuation the agreement of any two of them shall be valid, but where they shall all differ in opinion respecting the value of any property, then and in that case, the valuation of each of the said persons shall be added together and the third part of all the three sums shall be adjudged to be the true value of such property and shall be returned to the Court accordingly.

V. And for the more effectual collecting and gathering of the taxes to be applied by virtue of this Act, Be it enacted by the authority aforesaid that the respective Courts shall appoint a Collector or Tax Gatherer within each District who shall collect all the taxes within such District but before executing his said office shall enter into Bond with sufficient security in double the amount of the tax to be collected in his District payable to the Governor or Commander in Chief for the time being for the faithful discharge of his duty and every Tax Gatherer shall be allowed at the rate of six pounds for every Hundred Pounds he shall so collect and so in proportion for a greater or less sum.

VI. And be it enacted by the Authority aforesaid, that the Sheriff of every such County in this State respectively shall and they are hereby required to demand and receive of the Tax Gatherer within their respective Counties all sums of money which shall be collected by virtue of this Act and for that purpose the Sheriffs shall be and they are hereby constituted County Treasurers and shall be allowed at the rate of two pounds for every hundred pounds they shall so receive as aforesaid and every Sheriff before he qualifies as such shall enter into Bond in the Court of his County with two or

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more sufficient securities in double the amount of the tax assessed in his County payable to the Governor and Commander in Chief for the time being conditioned that he will well and truly account for and pay to the Treasurer or Treasurers of the State all such sums of money which he shall receive from the Tax Gatherers as aforesaid after deducting the commissions allowed by this Act for his Trouble.

VII. And be it enacted by the authority aforesaid, That every freeman in this State (other than soldiers in the service of the Continent) who does not possess an estate of one hundred pounds value shall pay a poll tax of four shillings to the public in lieu of assessment on property which shall be collected and accounted for in the same manner as other moneys by this act assessed.

VIII. And that a just and true account of the property and persons liable to pay taxes may be had. Be it enacted by the authority aforesaid, that the Magistrate who shall be empowered to receive an account of the property in each respective district shall order the Constable of his District to warn all the inhabitants therein to attend such Magistrate on a certain day and at a certain place which order the constable is hereby required to obey and if the constable shall fail or neglect to summon & warn the inhabitants as aforesaid, he shall forfeit and pay the sum of twenty pounds to be recovered by action of debt in any Court of Record in the name of the Governor for the time being to the use of the State.

IX. And be it further enacted by the authority aforesaid, That owners of land and other property liable to be taxed, as aforesaid which may happen to lie or be situated in a different county than that in which such owner happen to reside shall give in an account of all their taxable property wherever it may be in those counties wherein they reside respectively and the Justice who receives the same shall transmit an account of such part thereof as lies out of his County to the Court of the County wherein the same may be and shall by such Court be delivered to the persons appointed to ascertain the value of property in the District where such property lies who shall value the same in the same manner as other property in their districts & make return as aforesaid and such valuation shall be returned by the Court of the County wherein such valuation shall be made to the Court of the County wherein the owner of such property resides who shall be obliged to pay the assessment thereon to the Tax Gatherers of his District in the same manner as for such of his property as may be valued in his own county.

X. And be it enacted by the authority aforesaid, that if any person shall fail or refuse to give in an account of his or her property agreeable to the directions of this act it shall and may be lawful for the assessors in the respective Counties and Districts to value on oath as nearly as they can estimate the same the value of the property of the person or persons so failing or refusing as aforesaid, and the assessment thereupon shall be one penny for every pound value & shall be collected in the same manner as other assessments mentioned in this Act.

XI. And be it enacted by the authority aforesaid, That if the Justices of the respective County Courts shall fail or neglect to lay out their respective Counties into districts as aforesaid, or shall fail or neglect to appoint a magistrate or persons to ascertain the value of property or a Tax Gatherer in each District or shall fail or neglect to do any other duty by this act required, every Justice so failing or neglecting as aforesaid shall forfeit and pay the sum of one hundred pounds to be recovered by action of Debt in any Court of Record in the name of the Governor for the time being to be applied to the use of the State.

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XII. And be it further enacted by the authority aforesaid, that if the Magistrates to be appointed in virtue of this act for receiving an account of Estates in their respective Districts or any of them or any of the persons to be nominated and appointed to value the property of the inhabitants as aforesaid shall refuse or neglect to do the several and respective duties by this act required, or any of them; the person so refusing or neglecting shall forfeit and pay the sum of one hundred pounds to be recovered by action of Debt in the name of the Governor and to be applied to the use of the State.

XIII. And be it enacted by the authority aforesaid, That inventories of the Estates of Testators, Intestates, Minors and Absentees shall be delivered by the Executors, Administrators, Guardians and agents or attorneys respectively, in the same manner as the estates of other persons, and on refusal or neglect shall be valued as aforesaid and the assessment shall be levied of the proper Estate of such Executor, Administrator, Guardian, Agent or Attorney so refusing or neglecting as aforesaid; any Law, Usage or Custom to the contrary notwithstanding.

XIV. And be it further enacted by the authority aforesaid, That the real Estate of persons residing out of this State who have not any personal property therein shall be assessed yearly by the persons appointed to value the estate of the Inhabitants and a particular and separate return thereof made to the County Court and if the assessment thereon shall not be discharged within two years after the passing of this act, then such estate, or so much thereof as may be necessary to discharge the several assessments with all contingent charges shall be sold by the Sheriff of the County wherein the same shall be by order of the County Court; any Law or Usage to the contrary notwithstanding.

XV. And be it further enacted by the authority aforesaid, That the estates of the persons appointed to value the property in the respective districts shall be valued and appraised by the Court of the County and the Tax Gatherers shall account with the County Treasurers for the Assessments on their own estates in the same manner as other Taxes.

XVI. And be it further enacted by the Authority aforesaid, That if any Person after being lawfully taxed as aforesaid shall neglect or refuse to pay the sum he shall be so taxed for the space of three months after the first day of October in each year, the respective Collectors, or Tax Gatherers, may and they are hereby empowered to levy the same by Distress and sale of the Goods and Chattels of the Delinquent, and shall be entitled to take & receive for such Distress the sum of two shillings and eight pence and no more; Provided always, that no distress shall be made on slaves without the consent of the real owner thereof if other sufficient personal estate can be found.

XVII. And be it enacted by the authority aforesaid, That the respective County Courts shall transmit yearly to the General Assembly an exact account of the valuation or assessment in their respective Counties, which account shall be signed by the presiding Justice in such Court and certified by the Clerk thereof.

XVIII. And be it Enacted by the authority aforesaid, That the respective Tax Gatherers shall pay the Taxes by them received and levied to the County Treasurer on or before the first day of April in each year, and the County Treasurers shall account with and pay to the Treasurers of the State all such monies as they shall receive by virtue of this act on or before the first day of June yearly, and the Tax Gatherers and County Treasurers, or any of them, failing to account and pay in manner by this act directed, shall forfeit

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his or their Commissions, given by this Act and shall be obliged to pay the whole sums by them so collected and received.

XIX. And be it enacted by the authority aforesaid, That the oath to be taken by the assessors, or those appointed to value property in the respective Districts as aforesaid, shall be in the following form, that is to say:

I, A. B., do solemnly swear that I will faithfully and impartially without prejudice, favor or affection, value and appraise to the best of my knowledge and understanding, and as nearly as may be, the property which by law is liable to be taxed in the District wherein I am appointed for that purpose. So help me God.

XX. And be it further enacted by the authority aforesaid, that the condition of the Bond to be given by the Tax Gatherers shall be as follows, to-wit:

“Whereas the above bound A. B., is by the County Court of —— nominated and appointed to collect and gather the public taxes assessed on the inhabitants in —— District in the said County, The Condition therefore of this obligation is such that if the said A. B. shall, and do well and truly collect and gather all the public taxes in the said District and shall & will well and truly account for and pay the same to the County Treasurer in such manner and at such times as the law requires, after deducting his commissions and such insolvents among those who are liable to pay a poll tax as the Court of his County shall allow, then the above obligation to be void, otherwise to remain in full force and effect.

XXI. And be it enacted by the Authority aforesaid, That the condition of the Bond to be given by the County Treasurers shall be in the following form, that is to say:

Whereas the above bound —— Sheriff of —— County, is by Law constituted Treasurer of his County for the purpose of receiving from the different collectors or Tax Gatherers therein the taxes assessed and laid by act of the General Assembly for the support of Government. Now the condition of the above obligation is such that if the said —— Sheriff shall, and do well and truly account with and pay to the Treasurer or Treasurers of the State at such time as he is, or shall be by law required, all such sum or sums of money as he shall, or may receive, from the different Collectors or tax Gatherers, in his County for Public taxes, then this obligation to be void, otherwise to remain in full force and effect.

CHAPTER III.
An Act declaring what Crimes and Practices against the State shall be Treason, and what shall be Misprision of Treason, and providing Punishments adequate to Crimes of both Classes, and for preventing the Dangers which may arise from the Persons disaffected to the State.

I. Be it Enacted by the General Assembly of the State of North-Carolina, and it is hereby enacted by the Authority of the same, That all and every Person and Persons (Prisoners of War excepted) now inhabiting or residing within the limits of the State of North-Carolina, or who shall voluntarily come into the same hereafter to inhabit or reside, do owe, and shall pay Allegiance to the State of North Carolina.

II. And be it further enacted by the Authority aforesaid, That if any Person or Persons belonging to, or residing within this State, and under the Protection of its Laws, shall take a Commission or Commissions from the King of Great Britain, or any under his Authority, or other the Enemies of this

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State, or the United States of America; or shall levy War against this State, or the Government thereof; or knowingly and willingly shall aid or assist any Enemies at open War against this State, or the United States of America, by joining their Armies, or by inlisting, or procuring or persuading others to inlist for that Purpose, or by furnishing such Enemies with Arms, Ammunition, Provision, or any other Article for their Aid or Comfort; or shall form, or be in any way concerned in forming any Combination, Plot, or Conspiracy, for betraying this State, or the United States of America, into the Hands or Power of any foreign Enemy; or shall give or send any Intelligence to the Enemies of this State for that Purpose; every Person so offending, and being thereof legally convicted by the Evidence of two sufficient Witnesses, or standing mute, or peremptorily challenging more than thirty-five Jurors, in any Court of Oyer and Terminer, or other Court that shall and may be established for the Trial of such Offences, shall be adjudged guilty of High-Treason, and shall suffer Death without the Benefit of Clergy, and his or her Estate shall be forfeited to the State. Provided, That the Judge or Judges of the Court wherein such Conviction may be, shall and may order and appropriate so much of the Traitor's Estate, as to him or them may appear sufficient, for the Support of his or her Family.

III. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons within this State shall attempt to convey Intelligence to the Enemies of this State or of the United States; or shall publicly and deliberately speak or write against our public Defence; or shall maliciously and advisedly endeavour to excite the People to resist the Government of this State, or persuade them to return to a Dependence on the Crown of Great-Britain; or shall knowingly spread false and dispiriting News, or maliciously and advisedly terrify and discourage the People from inlisting into the Service of the State; or shall stir up or excite Tumults, Disorders or Insurrections in the State; or dispose the People to favour the Enemy, or oppose and endeavour to prevent the Measures carrying on in Support of the Freedom and Independence of the said United States; every such Person or Persons being thereof legally convicted by the Evidence of two or more creditable Witnesses, or other sufficient Testimony, shall be adjudged guilty of Misprision of Treason, and shall suffer Imprisonment during the War, and forfeit to the State one Half of his, her or their Lands, Tenements, Goods and Chattels.

IV. And be it further enacted by the Authority aforesaid, That all Offences by this Act declared Misprision of Treason shall be cognizable before any Justice of the Peace of the County where the Offence was committed, or where the Offender can be found; and every Justice of the Peace within this State, on Complaint to him made on the Oath or Affirmation of one or more credible Person or Persons, shall cause such Offender to come before him, and enter into a Recognizance, with one or more sufficient Surety or Sureties, to be and appear at the next County Court of the County wherein the Offence was committed, and abide the Judgment of the said Court, and in the mean Time to be of the Peace and good Behaviour toward all People in the State; and for Want of such Surety or Sureties, the said Justice shall and may commit such Offender either to the Gaol of the County or District where the Offence was committed, and appoint a Guard for the safe conveying of him to such Gaol. And all Persons charged on Oath or Affirmation with any Crime or Crimes by this Act declared to be Treason against the State, shall be dealt with and proceeded against in like Manner as the Law directs in respect of other capital Crimes.

V. And whereas the safety of the State, and the present critical Situation

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of Affairs, make it necessary that all Persons who owe or acknowledge Allegiance or Obedience to the King of Great-Britain, should be removed out of the State; Be it enacted by the Authority aforesaid, That all the late Officers of the King of Great-Britain, and all Persons (Quakers excepted) being Subjects of this State, and now living therein, or who shall hereafter come to live therein, who have traded immediately to Great-Britain or Ireland within ten Years last past, in their own Right, or acted as Factors, Storekeepers, or Agents, here or in any of United States of America, for Merchants residing in Great-Britain or Ireland, shall take the following Oath of Abjuration and Allegiance, or depart out of the State, viz. I will bear faithful and true Allegiance to the State of North Carolina, and will to the utmost of my Power, support and maintain, and defend the independent Government thereof, against George the Third, King of Great Britain, and his Successors, and the Attempts of any other Person, Prince, Power, State, or Potentate, who by secret Arts, Treasons, Conspiracies, or by open Force, shall attempt to subvert the same, and will in every Respect conduct myself as a peaceful, orderly Subject; and that I will disclose and make known to the Governor, some Member of the Council of State, or some Justice of the Peace, all Treasons, Conspiracies, and Attempts, committed or intended against the State, which shall come to my Knowledge. And that all Persons being Quakers, and under the Circumstances above mentioned, shall make the following Affirmation, or depart out of the State: I, A. B. do solemnly and sincerely declare and affirm, that I will bear true Allegiance to the Independent State of North Carolina, and to the Powers and Authorities which are or may be established for the good Government thereof; and I do renounce any Allegiance to the present King of Great-Britain, his Heirs and Successors; and that I will disclose and make known to the Governor, some Member of the Council of State, or Justice of the Peace, all Treasons, Conspiracies, or Attempts, committed or intended against the same, which shall come to my knowledge. And the said Oath or Affirmation shall be taken and subscribed in open Court in the County where the Person or Persons taking the same, shall or do usually reside.

VI. And be it further enacted by the Authority aforesaid, That the County Court in each and every County, and every Justice of Peace in each respective County, shall have full Power to issue Citations against Persons coming within the above Description, as Officers, Merchants, Traders, Factors, Storekeepers, or Agents, and to demand Surety on Recognizance, if necessary, and to require their Attendance at the next ensuing Court to be held for the County; and if any Person so cited (due Proof being made thereof) shall fail or neglect to attend, or attending shall refuse to take the said Oath or Affirmation (as the Case may be) then the said Court shall and may have full Power and Authority to order such Person to depart out of this State to Europe or the West Indies, within Sixty Days, and may take Bond and Security, in the Name of the Governor, for the Benefit of the State, for faithful Compliance with such Order. And if any Person so ordered, shall fail or neglect to depart within the limited Time, such Bond shall be forfeited to the State, without good and sufficient Reason shewn to and approved of by the Governor and Council; and the Justices, or any of them, in the County wherein the Person so failing or neglecting to depart shall be found, shall and may cause him to be apprehended and brought before the Court of the County where the Order was made; and the said Court shall in such Case send the Person so offending, as speedily as may be out of the State, either to Europe or the West-Indies, at the Cost and Charges of such Offender. Provided nevertheless, That all and every such Person and Persons shall have

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Liberty to sell and dispose of his or their Estates, and after satisfying all just Demands, to export the amount in Produce (Provisions and Naval Stores excepted) and may also nominate and appoint an Attorney or Attornies to sell and dispose of his or their Estates, for his or their Use and Benefit; but in Case any Real Estate belonging to any such Person, shall remain unsold for more than three Months next after the Owner thereof hath departed this State, the same shall be forfeited to and for the Use of the Public.

VII. And be it further Enacted by the Authority aforesaid, That if any Person so departing or sent off from this State, shall return to the same, then such Person shall be adjudged guilty of Treason against the State, and shall and may be proceeded against in like Manner as is herein directed in Cases of Treason.

VIII. And be it further enacted by the Authority aforesaid, That each and every Justice in each respective County may cite any Person or Persons to appear before the County Court where such Person or Persons usually reside, and take the aforesaid Oath or Affirmation; and in Case of Non-Attendance or Refusal, the said Court shall and may have full Power to compel such Person or Persons to leave the State, under the same Regulations herein mentioned in other Cases.

CHAPTER IV.
An Act Concerning Oaths.

I. Whereas lawful Oaths, for the Discovery of Truth, and establishing Right, are necessary, and highly conducive to the important Ends of good Government; and being most solemn Appeals to Almighty God, as the omniscient Witness of the Truth, just and omnipotent Avenger of Falsehood, such Oaths ought therefore to be taken and administered with the utmost Solemnity:

II. Be it therefore Enacted by the General Assembly of the State of North-Carolina, and by the Authority of the same, That Judges, Justices of the Peace, and other Persons, who are or shall be empowered to administer Oaths, shall (except in the Cases in this Act excepted) require the Party to be sworn to lay his Hand upon the Holy Evangelists of Almighty God, in Token of his Engagement to speak the Truth, as he hopes to be saved in the Way and Method of Salvation pointed out in the blessed Volume, and in further Token, that if he should swerve from the Truth, he may justly be deprived of all the Blessing of the Gospel, and made liable to the Vengeance which he has imprecated on his own Head; and after repeating the Words So help Me God, shall kiss the Holy Gospels, as a Seal of Confirmation to the said Engagements.

III. And be it enacted by the Authority aforesaid, That in all Cases when any Judges, Justices of the Peace, or other Persons, are or shall be empowered to administer any Manner or Oath in this State, and the Person to be sworn shall be conscientiously scrupulous of taking a Book Oath in Manner aforesaid, and pray the Benefit of this Act, it shall and may be lawful for all such Judges, Justices, and other Persons, and they, and each of them, are hereby required to excuse such Person from laying Hands upon or touching the Holy Gospels; and the said Judges, Justices, and others, are hereby directed in such Case to administer the Oath required, in the following Manner, to-wit, The Party so conscientiously scrupulous, and praying the Benefit of this Act, shall stand with his right Hand lifted up towards Heaven, in Token of his solemn Appeal to the Supreme God, whose Dwelling is in the

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highest Heavens, and also in Token, that if he should swerve from the Truth, he would draw down the Vengeance of Heaven upon his Head, and shall introduce the intended Oath with these Words, viz. I, A. B., do appeal to God, as a Witness of the Truth and Avenger of Falsehood, as I shall answer the same at the great Day of Judgment, when the Secrets of all Hearts shall be known, that, &c., as the Words of the Oath may be. And it is hereby declared, That an Oath thus administered and taken, with the right Hand lifted up, is and shall be a lawful Oath in this State; and such Oath shall be admitted and used in all Courts in this State where the same shall be requested as aforesaid, and shall be equally good and valid in Law, to all Intents and Purposes, as if the same Oath had been taken by the Party, having laid his Hand upon, and kised the Holy Gospels.

IV. And be it Enacted by the Authority aforesaid, That the solemn Affirmation of Quakers, Moravians, and Menonists, made in the Manner heretofore used and accustomed, shall be admitted as Evidence in civil Controversies in this State; and where other Persons are required to take an Oath or Oaths to the State, the said Quakers, Moravians and Menonists, shall make their solemn Affirmations in the Words of the said Oath or Oaths, beginning after the Word swear, or shall make such Affirmation as shall be hereafter provided for them by Law.

CHAPTER V.
An Act for the Punishment of such Persons as shall procure or commit any wilful Perjury.

I. Be it enacted by the General Assembly of the State of North-Carolina, and by the Authority of the same, That every Person who, at any Time after the tenth Day of May, shall unlawfully and corruptly procure or suborn any Witness or Witnesses, by Letters, Rewards, Promises, or by any other sinister and unlawful Labour or means whatsoever, to commit any wilful and corrupt Perjury, in any Matter or Cause whatsoever now depending, or which hereafter shall depend in Suit and Variance, by any Writ, Action, Bill, Complaint, Indictment or Information, in any wise touching or concerning any Crime or Offence, or touching or concerning any Lands, Tenements, or Hereditaments, or any Goods, Chattels, Debts Damages, or other Estate or Interest whatsoever, in any Court of Equity, Superior Court, Court of Appeals and Writs of Error, Court of Oyer and Terminer, Court of Admiralty, Inferior or County Court, or any Court of Record that shall be established in this State, or before any Commissioner or Commissioners authorised to take Depositions to be given in Evidence in any such Court, or who shall in the Manner, or by any the Means aforesaid, unlawfully and corruptly procure or suborn any Witness or Witnesses, which shall from and after the said tenth Day of May, be sworn to give Testimony for the Purpose of perpetuating the same, every such Offender of the same, being lawfully convicted in any Court having Cognizance thereof, shall stand in the Pillory one Hour, have his or her right Ear nailed thereunto, and be further punished by Fine and Imprisonment, at the Discretion of the Court; and every such Offender shall be discredited, and disallowed forever to be sworn as a Witness in any of the Courts of Record, before Commissioners, or sworn to give Testimony for the Purpose of perpetuating the same as aforesaid.

II. And be it enacted by the Authority aforesaid, That every Person who shall after the said tenth Day of May, either by the Subornation, unlawful Procurement, sinister Persuasion, or Means of any other, or by his or her

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own Act, Consent, or Agreement, wilfully and corruptly commit any Manner of wilful Perjury by his or her Deposition, in any of the Courts before mentioned, or when being examined before any Commissioner or Commissioners authorized to take Depositions to be given in Evidence in such Court, or when examined for the Purpose of Perpetuating Testimony, every such Offender of the same, being lawfully convicted in any Court having Cognizance thereof, shall stand in the Pillory one Hour, having his or her Ears nailed during the whole Time, and at the Expiration of the said Hour, both Ears of the Offender shall be cut off and severed from the Head, leaving them nailed on the Pillory until the setting of the Sun; and the Offender shall be discredited, and disallowed forever to be sworn as a Witness in any Court in this State, before Commissioners, or for the Purpose of perpetuating Testimony.

III. And be it further enacted by the Authority aforesaid, That every Person who shall after the said tenth Day of May, in any of the Courts aforesaid, or when examined before any Commissioner or Commissioners, or for the Purpose of perpetuating Testimony, commit or make any false, wilful, corrupt Affirmation, in the Mode of Affirmation used, or that shall be used by the Quakers, Moravians, and Menonists, every such Offender of the same, being lawfully convicted in any Court having Cognizance thereof, shall suffer all the Pains, Disabilities, and Punishments, which by this Act are ordained for wilful corrupt Perjury; and also every Person who shall suborn, or unlawfully procure, any such false, wilful, and corrupt Affirmation, to be committed or made, shall suffer all the Pains, Disabilities, and Punishments, which by this Act are ordained for the unlawful Procurement and subornation of wiful Perjury.

CHAPTER VI.
An Act to prevent domestic Insurrections, and for other Purposes.

I. Whereas the evil and pernicious Practice of freeing Slaves in this State, ought at this alarming and critical Time to be guarded against by every friend and Wellwisher to his Country:

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and by the Authority of the same, That no Negro or Mulatto Slave shall hereafter be set free, except for meritorious Services, to be adjudged of and allowed by the County Court, and Licence first had and obtained thereupon. And when any Slave is or shall be set free by his or her Master or Owner otherwise than is herein before directed, it shall and may be lawful for any Free holder in this State, to apprehend and take up such Slave, and deliver him or her to the Sheriff of the County, who, on receiving such Slave, shall give such Freeholder a Receipt for the same; and the Sheriff shall commit all such Slaves to the Gaol of the County, there to remain until the next Court to be held for such County; and the Court of the County shall order all such confined slaves to be sold during the Term to the highest Bidder.

III. Provided always, That the Sheriff, upon committing any such Slave or Slaves, shall at least five Days before such Sale, give Notice in Writing to the last Owner or Owners, or the reputed Owner or Owners of such Slave or Slaves, of the Time and Place of Sale, and of the Name and Names of such Slaves, to the End that such Owner or Owners may, if he or they think proper, make his or their Claim to the same; but if such Owner or Owners shall neglect or refuse to appear on the Day of Sale (due Proof of the Service of such Notice being made to the Satisfaction of the Court) such Owner

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or Owners, so neglecting or refusing, shall be forever barred from making any Claim to such Slaves.

IV. And be it further enacted by the Authority aforesaid, That the neat Proceeds of the Money arising by such Sale shall be disposed of in the following Manner, that is to say, That one-fifth Part thereof shall be paid to the Takers up of such Negroes or Mulattoes, and that the remaining Part of such Money be paid into the Hands of the Public Treasurers, to defray the contingent Charges of Government, and to no other Intent, Use or Purpose, whatsoever.

V. And be it enacted by the Authority aforesaid, That if any Slave or Slaves shall hereafter be allowed by his or her Master, Mistress, or Overseer, or other Person having the Care of such Slave or Slaves, to hire out him or herself, such Slave may be taken up by any Magistrate or Freeholder, and kept to hard Labour, for the Use of the Poor of the County, for any Time not exceeding Twenty Days; any Law, Usage, or Custom, to the contrary notwithstanding.

CHAPTER VII.
An Act for the Encouragement of the Militia and Volunteers employed in prosecuting the present Indian War.

I. Whereas the vigorous prosecution of the present Indian War may much sooner put an end to the same; In order therefore to encourage and stir up an enterprising spirit among the Militia and Volunteers employed in the said War,

II. Be it Enacted by the General Assembly of the State of North Carolina, and by the authority of the same, that from and after the first day of June next, if peace shall not be made with the Cherokees before that time, and until peace shall be made, a Premium of fifteen Pounds for each prisoner, and a premium of ten pounds for each scalp, shall be paid out of the Treasury to the Captor being in the service of the State, on producing a prisoner or scalp, and making oath that the prisoner was taken by him after the said first day of June, or that the scalp was taken and fleeced off the Head of an Indian Man slain by himself, after the said first day of June.

III. And be it further enacted by the authority aforesaid, That a premium or reward of forty pounds for each scalp of an Indian Man, and a premium, or reward of Fifty Pounds, for producing an Indian Man Prisoner, be paid to any person in this State, not in the pay thereof who shall voluntarily undertake to make war upon the said Indians after the time aforesaid; Provided peace shall not before that time be made with the same Indians, and until peace shall be made, the Captors making oath as aforesaid, that such scalp or prisoner was taken by him after the said first day of June, and that the Indian so killed or taken was of the Nation of Indians commonly known by the name of the Cherokees; and that the scalp produced was actually taken from an Indian killed by the person claiming the same.

CHAPTER VIII.
An Act for the Appointment of Registers in the several Counties in this State.

I. Whereas it is absolutely necessary for the recording and preserving Deeds that Registers be appointed in the several Counties within this State;

II. Be it therefore enacted by the General Assembly of the State of North

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Carolina, and by the authority of the same, that the Justices of the several Counties, and the District of Washington, in this State, have full power and are hereby required, at the first Court held in their several counties and on the second day of such Court, to nominate and appoint some proper person within their respective counties, to be a Register for the same; who shall enjoy the said office during good behavior.

III. And be it further enacted, That each public Register so chosen, shall within three months after he shall enter on his office, give Bond with two sufficient Securities to his Excellency the Governor for the time being, and his successors, in the sum of one thousand pounds, for the faithful discharge of his office; which said Bonds shall be recorded in the several Courts and lodged in the hands of the Clerks. And whoever shall officiate in the said office longer than three months without giving bond and security, as aforesaid, shall forfeit and pay the sum of Forty Pounds; one half to the Informer the other half to the County.

IV. And be it further Enacted by the authority aforesaid, That in case of the death, resignation or removal of any Register for misbehaviour in office in any County, that the Justices of the said County shall appoint another proper person to the Registers office in the same manner and under the foregoing regulations and restrictions.

CHAPTER IX.
An Act to empower the Justices of Bladen County to take into their Possession the Records of said County, now in Possession of Maturin Colville.

I. Whereas, it is represented by the Justices of Bladen County that Maturin Colville, heretofore Clerk of the same County, upon the appointment of Alfred Moore to that office in the year one thousand seven hundred and seventy four refused to deliver up to the Court the Records and other papers belonging to the County. That among the said records are many Wills, Indentures, and settlements of Estates which contain the only evidence of the property of great numbers of persons, particularly of orphans, and that on the Dockets are many suits yet undetermined, and many Judgments which remain unsatisfied, besides divers sums of money paid into the office, belonging to sundry persons, yet unaccounted for to the great injury of the Inhabitants of the said County and others.

II. In order therefore that the records may be restored to the proper office that the injured may be Redressed and that the obstinate and wilful brought to a sense of their Duty and a proper respect for the Law.

III. Be it enacted by the General Assembly of the State of North Carolina, That the Justices of the said County be appointed, and they or any three or more of them are hereby authorized and empowered to demand and receive of and from the said Maturin Colville, and of and from every other person or persons who are or may be in possession of the same, the Records and other papers of the said County and upon refusal or neglect to deliver the same, then the said Justices, or any three or more of them shall and may issue their warrant directed to the Sheriff and other, the officers of the same County, commanding him the said Sheriff to take with him such force as he may think necessary and to apprehend the said Maturin Colville and such other Person or Persons as may have the said Records, or any of them, in possession, and him or them commit to the common jail of the said County until the records shall be produced and delivered up, and also empowering the Sheriff and other officers of the said county to make diligent search in all

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suspected places within the same County for the said Records and papers and for that purpose to break open doors and locks where they are suspected to be concealed.

IV. And be it further Enacted by the Authority aforesaid, That all fees and sums of money which may hereafter be paid into the Court of Bladen County, upon any suit depending or Judgment not satisfied on the Dockets, detained by the said Maturin Colville, as well such Fees and Monies which are due to him the said Maturin Colville as to others, shall be paid by the Clerk of the Court for the time being to the person or persons to whom the same shall appear to be due.

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

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

II. Be it enacted by the General Assembly of the State of North Carolina, and by the Authority of the same, That all Deeds and Mesne Conveyances of Lands, Tenements, and Hereditaments, not already registered, acknowledged or proved shall and may, within two Years after the passing of this Act, be acknowledged by the Grantor or Grantors, his or their Agents or Attorney, or proved by one or more of the subscribing Witnesses of the same, and tendered or delivered to the Registers of the Counties where such Lands, Tenements, or Hereditaments, are respectively situated; and all Deeds and Mesne Conveyances whatsoever, which shall be acknowledged or proved according to the Directions of this Act, though not within two Years after the Date of the respective Conveyances, shall be good and valid in Law, and shall enure and take Effect as fully and effectually to the Use and Behoof of the Grantees, their Heirs and Assigns, and those claiming under them, as if such Deeds and Conveyances were acknowledged or proved, and registered, agreeable to the directions of any Act of Assembly heretofore made.

CHAPTER XI.
An Act for establishing Fairs in the Town of Halifax, in Halifax County.

I. Be it Enacted by the General Assembly of the State of North Carolina, That a Fair shall and may be held in the Town of Halifax in the county aforesaid, on the first Thursday in November next, and that, after the present year two Fairs shall and may be annually held in the said town on the first Thursday in May, and the first Thursday in November, in every Year; each Fair to continue for three days, for the sale of every kind of Horses and Black cattle, sheep, hogs, pork, and all kinds of provisions, tobacco and every other natural production of the Country; and also for the sale of all and every sort of goods, wares and merchandise, whether foreign or manufactured in this State; and that on the said Fair days, and on three days next before, and three days next after each of the said Fairs, all persons coming to being at or going from the same, together with their Horses,

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Cattle, or other Effects, intended for sale or purchased at the said Fair, shall be free and exempt from all arrests, attachments and Executions whatsoever; except for Capital Offences, Breaches of the Peace, or for Quarrels or controversies that may arise during the said time; in which cases process may be immediately issued, and proceedings thereupon had, in the same manner as if this act had never been made.

II. And in order to prevent Frauds and Imposition in the Sale of blooded Horses; Be it Enacted by the authority aforesaid, That the County Court of Halifax shall and may appoint a register for the said Fairs (and in case of the death, absence, refusal of to act, or misconduct of such Register, may appoint de novo) who shall take an oath for the faithful discharge of his Duty; And every person who shall bring a blooded Horse, Mare, or Gelding, to the said Fair or any of them, for sale, shall deliver, in writing, to the said Register, a Certificate under his or her hand, of the owner and Vender's Name, and the colour, age, and blood, of such Horse, Mare, or Gelding, all which shall be entered by the said Register in a Book to be by him kept for that purpose, and he shall safely keep all such certificates, that recourse may be had to the originals if necessary. And if any person or persons, shall sell or offer for sale, any blooded horses, mares, or Geldings, at the said town of Halifax during the time of the said Fairs, without first delivering to the Register a Certificate, as aforesaid, every person so offending shall forfeit and pay the sum of Ten Pounds, one half to the Use of the informer, the other half to the use of the purchaser, where an actual sale has been made, but where there has been no sale, the whole to the use of the informer, to be recovered on Complaint or Information as is herein after directed.

III. And if any Owner or Vender of any Blooded Horse, Mare, or Gelding, at the said Fairs, shall wilfully deliver in to the Register a false Certificate of the age or blood of such Horse, Mare or Gelding, and shall sell the same, such Owner or Vender on proof made, shall forfeit and pay the sum of ten pounds, to the use of the purchaser, to be recovered on complaint or Information as is herein after directed; And the said Owner or Vender, so convicted, shall never after be permitted to sell any blooded Horse, Mare, or Gelding at any of the said Fairs.

IV. And for the tryal of complaints & Information, in the cases above mentioned, and also for the tryal of controversies and disputed bargains arising at the said Fair; Be it Enacted by the Authority aforesaid, That the County Court aforementioned shall and May appoint three Judges (and in case of death or refusal to act of the said Judges, or either of them, may appoint de novo) either of whom may on application, issue citations and subpoenas, and the said Judges, or any two of them shall and may hear and determine, instanter, in all such cases; Provided, the demand or disputed difference in a bargain, does not exceed the value of ten pounds; and shall and may issue executions, and appoint an officer, or officers, to execute the same.

V. And be it further enacted by the authority aforesaid, that all & every person & persons, shall & may have recourse to the Register Book, and the Register shall & may receive for entering every horse, 8d.; for every search, 8d; and for a copy of a certificate, 8d; and every Officer appointed by the Judges aforesaid to serve process, shall and may receive for serving a citation or summons, 2s 8d, an execution, 5s 4d, and 10 p. Cent commissions on sales.

VI. This Act shall continue and be in force for two years from the 20th day of May next, and from thence to the end of the next session of General Assembly.

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CHAPTER XII.
An Act for enlarging the Time of saving Lots in the Town of Windsor, in Bertie County.

I. Whereas, from the impossibility of securing nails and other necessary materials for building as well as from many other unavoidable hindrances occasioned by the present contest with Great Britain, it hath been put entirely out of the power of the Inhabitants of the Town of Windsor in Bertie County to compleat their Buildings on their respective Lots, within the Time limited by Law,

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and by the authority of the same, that every Lot in the said Town on which a house shall be built of the dimensions mentioned in an Act of Assembly entitled “An Act for establishing a Town on the Land of William Gray on Cushy River in Bertie County” or other improvements made thereon, which shall be deemed by the Directors or Commissioners of the said town equal thereto, within three 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, or other Improvements made which shall be deemed by the Directors or Commissioners of the said Town equal thereto, 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; any Thing in the said Act contained to the contrary notwithstanding.

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

I. Whereas the Commissioners heretofore by Act of Assembly appointed for building a Court House, Prison and Stocks for the said County of Tryon, have failed to discharge the Trust reposed in them;

II. Be it Enacted by the General Assembly of the State of North Carolina, and by the authority of the same, that William Moore, John Walker, Charles McLean, John Hill, Christian Carpenter and James White, be and are hereby appointed Commissioners for the purpose aforesaid and they or a majority of them are hereby impowered and required to agree and contract with workmen for building a Court House, Prison and Stocks, for the use of the said County at such place as they shall think most convenient on that Tract of Land purchased by the late Commissioners for that purpose and cause the same to be compleated within the term of two years.

III. And be it further enacted, by the authority aforesaid, that the said Commissioners herein named shall have and are hereby declared to have full power and authority to demand, sue for, recover and receive of and from the late sheriffs of said County, or other persons, in whose hands the same may be lodged, all and every sum and sums of money which have been laid as a Tax or Taxes on the Inhabitants of said County for the purpose aforesaid, for which the Sheriff or other Persons, or any of them are liable and in case of failure or neglect in paying the said monies to the Commissioners aforesaid, by the said Sheriffs other persons, or any of them; he or they so failing or neglecting shall be liable to the same penalties and the same mode of recovery shall be had against him or them, as by law shall or may

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be had against sheriffs who neglect or refuse to account for & pay public Taxes.

IV. And whereas a certain tax was laid on the inhabitants of said County by the Justices thereof in virtue of an Act of Assembly passed in the year of our Lord one thousand seven hundred and seventy four, which tax hath not been collected, no officer having been appointed to receive the same.

V. Be it therefore enacted by the authority aforesaid, That the Justices of the said County of Tryon shall have and they are hereby declared to have full power and authority to enforce the said Tax or reverse it, and by another Tax to compleat the Building aforesaid; which Tax laid or enforced by virtue of this Act, shall be collected and accounted for by the Sheriff of the said County and on neglect of the Sheriff to account for and pay the same to the commissioners herein before named he shall be liable to the same pains and penalties, and the same mode of recovery shall be had against him, as by law may be had against Sheriffs who neglect or refuse to account for and pay public taxes.

CHAPTER XIV.
An Act for appointing Commissioners to finish the building of a Court-House, Prison and Stocks in the County of Guilford.

I. Whereas the public buildings for the County of Guilford are not yet finished on account of the tax levied for that purpose not being all collected by reason of the Courts of Justice being discontinued; for Remedy whereof,

II. Be it Enacted by the General Assembly of the State of North Carolina, and by the authority of the same, That Ralph Gorrells, Robert Lindsey, John Collier, Alexander Caldwell, and Charles Bruce, Esquires, be and they are hereby appointed Commissioners for the purpose aforesaid, and they or a majority of them, are hereby impowered and required to agree and contract with a Workman or Workmen for finishing the Court House, Prison and Stocks for the said County.

III. And be it further Enacted by the Authority aforesaid, that the said Commissioners herein named shall have and they are hereby declared to have full power and authority to demand of and from the late Sheriffs of said County or other persons in whose hands the same may be Lodged all and every sum or sums of money, which have been laid as a tax or taxes on the Inhabitants of said County for the purpose aforesaid, for which the Sheriff or other persons, or any of them are liable, and in case of failure or neglect in paying the said monies to the Commissioners aforesaid, by the said Sheriffs, or other persons or any of them, he or they so failing or neglecting, shall be liable to the same Penalties and the same Mode of Recovery shall be had against him or them as by Law shall or may be had against Sheriffs who neglect or refuse to account for and pay public Taxes.

IV. And whereas a certain Tax was laid on the Inhabitants of said County by an Act of Assembly passed in the Year of our Lord one thousand seven hundred and seventy, and two shillings of the said Tax not being collected;

V. Be it therefore enacted by the authority aforesaid, That a Poll Tax of two shillings be laid on each taxable person in the said County of Guilford for one year to finish and Compleat the said Buildings which tax shall be collected and accounted for by the Sheriff of the said County and on neglect of the Sheriff to account for and pay the same to the Commissioners hereinbefore named he shall be liable to the same Pains and Penalties, and the same mode of recovery shall be had against him as by Law may be had

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against Sheriffs who neglect to account for and pay public taxes; Provided nevertheless, that any person who has paid the aforesaid two shillings poll tax for the year one thousand seven hundred and seventy-three shall be exempted from paying the same; anything herein contained to the contrary notwithstanding.

CHAPTER XV.
An Act for establishing a Town on the Lands of John Smith, and other Purposes.

I. Whereas, it is represented to this General Assembly, that a Town on the Lands of John Smith on the North Side or Neuse River, in Johnston County where the Court House and other publick buildings now stand, would tend to the promotion of commerce and be greatly for the ease and convenience of the Inhabitants of that County in attending Courts and other publick Business, and the said John Smith having signified, his free assent by the certificate under his hand to have one hundred acres of said land, laid off for a Town and fifty for Commons.

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and by the authority of the same, that the Directors or Trustees hereafter appointed, or the majority of them, shall as soon as may be, after the passing of this Act, cause one hundred Acres to be laid off in lotts of half Acre each, with convenient Streets, Lanes, and Alleys, which Lots as laid off according to the directions of this Act are hereby constituted and erected, a town, and shall be called by the name of Smithfield.

III. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act, Benjamin Williams, William Bryan, Samuel Smith, Jun., John Rand, John Smith, John Stevens, and Lewis Bryan, Esquires, be, and they, and every of them, are hereby constituted Directors and Trustees for the designing, building, and carrying on the said Town, and they shall stand seized of an indefeasible Estate in Fee-Simple, of the said One Hundred and Fifty Acres of Land, to and for the Uses, Intents and Purposes, hereby expressed and declared; and they, or a Majority of them, shall have full Power and Authority to meet as often as they shall think necessary, and cause a Plan thereof to be made, and therein to insert a Mark or Number to each Lot. As soon as the said Town shall be laid off as aforesaid, they, and each of them, shall have Power to take Subscriptions for the said Lots of such Persons as are willing to subscribe for them; and when the said Directors have taken Subscriptions for Eighty Lots or upwards, they shall appoint a Day, and give public Notice to the Subscribers of the Day and Place appointed for the drawing of the said Lots, which shall be done by Ballot, in a fair and open Manner, by the Direction, and in the Presence of the Majority of the said Directors at least; and such Subscribers shall be intitled to the Lot or Lots which shall be drawn for him, and correspond with the Mark or Number contained in the Plan of the said Town. And the said Directors, or the Majority of them, shall make and execute Deeds for granting and conveying the said One Hundred Acres of Land, in Half Acres as aforesaid, to the Subscribers, their Heirs and Assigns, for ever, and also to every other Person who shall purchase any other Lot or Lots in the said Town, at the Cost and Charges of the said Grantee to whom the said Lot or Lots shall be conveyed; and every Person claiming any Lot or Lots by Virtue of any such Conveyance, shall and may hold and enjoy the same in Fee Simple. Provided nevertheless, That every Grantee of any Lot or Lots in

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the said Town so conveyed, shall within Three Years next after the Date of such Conveyance for the same, erect, build, and finish, on each Lot so conveyed, one well framed or Brick House, Sixteen Feet square at least, and Ten Feet Pitch in the Clear, or Proportionable to such Dimensions, if such Grantee shall have two or more Lots contiguous; and if the Owner of any Lot or Lots shall fail to comply with the Directions in this Act prescribed for building and finishing a House thereon, then such Lot or Lots upon which such house shall not be built and finished as aforesaid, shall be re-vested in the said Directors; and the said Directors, or a Majority of them, may, and they are hereby impowered and authorized to sell such Lot or Lots for the best Price that can be had to any Person applying for the same, and grant and convey such Lot or Lots to such Person or Persons, under the like Rules, Regulations, and Restrictions, as the same was or were formerly granted, and the Money arising from such Sale be applied by the said Directors, or a Majority of them, for the Benefit and Improvement of said Town.

IV. And be it further Enacted, by the Authority aforesaid, That each respective Subscriber who shall subscribe for any Lot or Lots in the said Town, shall within one Month after it shall be ascertained to whom each of the said Lots doth belong, in Manner herein before mentioned, pay and satisfy to the said Directors, or one of them, the Sum of Fifty Shillings for each Lot by him subscribed for; and in Case of the Neglect or Refusal of any Subscriber to pay the said Sum, the said Directors shall and may commence and prosecute a Suit for the same, and therein shall recover Judgment, with Costs of Suit. And the said Directors shall, as soon as they receive the said Money, pay and satisfy to the said John Smith, his Heirs or Assigns, the Sum of Forty Shillings for each Lot, in full Satisfaction for the said Land; and the other Ten Shillings shall be applied towards defraying the Expences of laying off and improving the said Town, as a Majority of the Directors shall think proper.

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

V. Provided nevertheless, That the said John Smith shall have to his own Life a Reserve of Seven Lots, exclusive of the said One Hundred Acres, to secure his Dwelling House and other Houses belonging to him now on the said Land.

CHAPTER XVI.
An Act for the Regulation of the Town of Hillsborough.

I. Whereas the erecting and establishing the Town of Hillsborough hath been found highly beneficial and convenient to the Western Parts of this State, and the same being a healthy pleasant Situation, and convenient to inland Trade:

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II. Be it Enacted by the General Assembly of the State of North-Carolina, and it is hereby Enacted, That the Charter of the Town of Hillsborough be and remain, with all and every Privlege therein mentioned, whole and entire, to the Use and Benefit of the present and future Inhabitants of the said Town of Hillsborough.

III. And be it Enacted, by the Authority aforesaid, That William Johnston, James Hogg, John Sheels, William Courtney, and James Watson, Esquires, be, and are hereby appointed Commissioners of the said Town; and they, or a Majority of them, are hereby impowered to bring the former Commissioners to account for any Money that may remain in their Hands; and the Commissioners above mentioned, or a Majority of them, are hereby impowered to lay out such Money agreeable to the Directions hereafter mentioned for laying out the Town Taxes.

IV. And be it Enacted, by the Authority aforesaid, That from and after the passing of this Act the Commissioners, or a Majority of them, shall, and they are hereby required, within Twenty Days after the First Tuesday in June in every Year, to lay such Taxes as they shall judge necessary, not exceeding Twelve Shillings and Six Pence per Poll, on all the taxable Persons in the said Town; which Tax shall be collected by Warrant under the Hands and Seals of the Commissioners, or a Majority of them, directed to any Person they shall appoint to collect the same, returnable at such Time as shall be therein mentioned; which said Collector appointed as aforesaid, is hereby impowered to collect and make Distress for the same, in like Manner as other Collectors of Public or County Taxes shall be impowered by Law; and the Money arising therefrom, after deducting Five per Cent. Commissions, shall by him be paid into the Hands of the Commissioners, or a Majority of them, to be by them applied and laid out in clearing and repairing the Public Streets, Lanes, and Allies, and in any other Public Work they may judge necessary for the Benefit of the said Town.

V. And be it further Enacted, by the Authority aforesaid, That the Inhabitants of the said Town shall, and they are hereby required, to give in a List of all the taxable Persons in each of their respective Families, on Oath or Affirmation, to some one of the Commissioners aforesaid, between the First and Second Tuesdays in June in every Year, under the Penalty of Three Pounds for every Neglect; to be recovered by Warrant under the Hands and Seals of the Commissioners of the said Town, or the Majority of them, to be applied to the Public Stock of the said Town.

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

VII. And be it further Enacted, by the Authority aforesaid, That no Person shall after the passing of this Act be obliged to work on the Streets or other Public Places in the said Town, or to pay any other Town Tax but such as is herein before mentioned.

VIII. And be it further Enacted, by the Authority aforesaid, That no Inhabitant of the said Town shall, on any Pretence whatsoever, keep any Hog or Hogs, Shoat or Pig, or any Geese, running at large within the Bounds of the said Town, on Penalty of forfeiting such Hog or Hogs, Shoat or Pig, or Geese, and paying the Sum of Twenty Shillings (or Two and One Half Dollars) to the Party aggrieved; and further, that it shall and may be lawful for any Person whatever after the Tenth Day of June next to shoot, kill, or otherwise destroy, such Hog or Hogs, Shoat or Pig, or Geese, so running at large within the said Town.

IX. And to prevent Dangers arising by Fire, Be it Enacted, by the

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Authority aforesaid, That each and every Householder within the said Town of Hillsborough shall procure, or cause to be procured, two sufficient Leather Buckets, and a Ladder, and keep the same in continual Readiness against any Alarm that may be given, occasioned by the breaking out of Fire at any Time in the said Town, on Penalty of paying Twenty Shillings.

X. And whereas the too frequent Custom of immoderate riding of horses in and through the said Town is found to have a very dangerous Tendency: To prevent which, Be it Enacted, by the Authority aforesaid, That no Person or Persons from and after the passing of this Act, on any Pretence whatsoever, shall immoderately ride or strain any Horse or Mare in or through the said Town, or any of the Streets thereof, on Penalty of forfeiting and paying the Sum of Five Shillings for each and every Offence; to be recovered by Warrant under the Hand and Seal of any Justice of the Peace of the said County.

XI. And be it Enacted, by the Authority aforesaid, That from and after the passing of this Act, the Inhabitants of the Town of Hillsborough are hereby required to meet at the Court-House in said Town on the First Tuesday in September in every Year, then and there to choose Five Commissioners for the said Town; which shall be elected by Ballot, under the Inspection of Two Persons, to be chose by the Freeholders of said Town for that Purpose.

XII. And be it Enacted, by the Authority aforesaid, That as soon as those elected are qualified to proceed on Business, that the former Commissioners are hereby required to give up what Money remains in their Hands of the Town Taxes, and render an Account of their Proceedings to the new Commissioners; and the Commissioners for said Town, from and after the passing of this Act, are required to keep the Town Common open for the Benefit of the Town.

XIII. And be it further Enacted, by the Authority aforesaid, That the Sixth, Seventh and Fifteenth Sections of an Act, intituled, An Act to amend an Act, for establishing a Town on the Land formerly granted to William Churton, lying on the North side the River Enoe, in the County of Orange, passed at New Bern the Third Day of November, One Thousand Seven Hundred and Sixty-Six, shall be and remain in full Force and Virtue.

CHAPTER XVII.
An Act for establishing a new County between Hillsborough and the Virginia Line, by erecting the Northern Part of Orange County into a distinct County, by the Name of Caswell.

I. Whereas the large Extent of the County of Orange renders the Attendance of the Inhabitants of the Northern Part to do Public Duties extremely difficult and expensive: For Remedy whereof.

II. Be it Enacted by the General Assembly of the State of North Carolina, and by the Authority of the same, That from and after the First Day of June next, the Inhabitants of the County of Orange lying to the North of a Point Twelve Miles due North of Hillsborough, and bounded as follows, to-wit, Beginning at the aforesaid Point, running thence due East to Granville County Line, thence North along Granville County Line to the Virginia Line, thence West along the Virginia Line to Guilford County Line, thence South along Guilford County Line to a Point due West of the Beginning, thence due East to the Beginning, be erected into a distinct County, by the Name of Caswell County.

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III. And be it further Enacted, by the Authority aforesaid, That John Butler, John Lee, and James Sanders, Esquires, be, and they are hereby appointed Commissioners, and they are hereby impowered and required to run the said dividing Lines, agreeable to the Directions of this Act; which said Lines when run by the Commissioners, or a Majority of them, shall be by them entered on Record in the Court of each of the said Counties, and shall hereafter be deemed and taken to be the dividing lines between the said Counties of Orange and Caswell; which said Commissioners shall be paid for their Trouble and necessary Expences for running the said Lines, to be paid out of the County Tax.

IV. And for the due Administration of Justice, Be it Enacted by the Authority aforesaid, That Justices of the Peace shall be nominated and commissioned and Courts held, in the said County of Caswell, in the same Manner, and with the same Powers and Jurisdiction, as Justices and Courts in the other Counties of this State; and the Courts of the said County of Caswell shall be held on the second Tuesday in June, September, December, and March, in every Year.

V. And be it Enacted, by the Authority aforesaid, That the said Justices to be appointed for the County of Caswell aforesaid, are hereby directed to meet on the second Tuesday in June next at the House of Thomas Douglass, and take the Oaths appointed for their Qualification; and the Justices for the said County of Caswell, or any Three of them, after being so qualified, shall hold a Court at the Place and Times before appointed; and every of them, at all Times during their Continuance in Office, as well within their Courts as without, shall have and exercise the same Power and Authority, and be subject to the same Forfeitures and Penalties, as other Justices of the Peace within the several Counties in this State are liable to.

VI. And be it further Enacted, by the Authority aforesaid, That a Poll Tax of Two Shillings be laid on each taxable Person in the said County of Caswell for Two Years, for building a Court-House, Prison and Stocks, therein; which Tax shall be collected by the Sheriff of the County aforesaid, at such Times, and in the same Manner as other Taxes are collected, and shall be paid to the Person or Persons who shall be impowered to receive the same; and if any Surplus should arise from the said Tax, that it shall be paid by the said Commissioners to the Court of the said County, to be by them applied towards defraying the contingent Charges of the said County.

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

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

IX. And be it further Enacted, by the Authority aforesaid, That James Sanders, William Moore, John Payne, Thomas Harrison, and John Atkinson,

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Esquires, or a Majority of them, be, and they are hereby appointed Commissioners, to lay off and appoint the Place where the Court-House, Prison, and Stocks, for the Use of the said County of Caswell, shall be built, and there to erect, or cause the same to be erected.

X. And be it Enacted, by the Authority aforesaid, That the Sheriff of the said County of Caswell is hereby impowered and directed to account for and pay the Money by him collected for the Purpose of building the aforesaid Court-House, Prison, and Stocks, to the Commissioners aforesaid, after deducting his Commissions for collecting the same.

XI. And be it Enacted, by the Authority aforesaid, That from and after the passing of this Act, the said County of Caswell shall continue to be considered as Part of the District of Hillsborough.

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

CHAPTER XVIII.
An Act for dividing the County of Pasquotank, and establishing that Part thereof on the North East Side of Pasquotank River a County, by the Name of Cambden.

I. Whereas by Reason of the Width of Pasquotank River, and the Difficulty of passing the same, especially in boisterous Weather, it is extremely inconvenient for the Inhabitants who live on the North East side of said River to attend Courts and other Public Business in the County of Pasquotank: For Remedy whereof,

II. Be it therefore Enacted, by the General Assembly of the State of North Carolina, and it is hereby Enacted by the Authority of the same, That all that part of Pasquotank County lying on the North East side of the said River, and of a Line to be run from the Head of the said River a North West Course to the Virginia Line, shall be, and is hereby established a County, by the Name of Cambden.

III. And for the due administration of Justice, Be it Enacted, by the Authority aforesaid, That Justices of the Peace shall be nominated and commissioned, and Courts held, in the said County of Cambden, in the same Manner, and with the same Powers and Jurisdiction, as Justices and Courts in the other Counties of this State; and the Courts of the said County of Cambden shall be held on the second Tuesday in July, October, January, and April, in every Year.

IV. And be it Enacted, by the Authority aforesaid, that the said Justices to be appointed for the County of Cambden aforesaid, are hereby directed to meet on the second Tuesday in July next at the House of Joseph Jones, and take the Oaths appointed for their Qualification; and the Justices for the said County of Cambden, or any three of them, after being so qualified, shall hold a Court at the Place and Times herein before appointed; and every of them, at all Times during their Continuance in Office, as well within their Courts as without, shall have and exercise the same Power and Authority, and be subjected to the same Forfeitures and Penalties, as other Justices of the Peace within the several Counties in this State are liable to.

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

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

VII. And to the End that no Action, or Suit of any Kind, commenced in Pasquotank County, be defeated by the Division aforesaid; Be it Enacted by the Authority aforesaid, That where any Action or Suit is already commenced in the said County of Pasquotank, and the Parties or any of them, shall be Inhabitants of Cambden County such Action or Suit shall be proceeded on by the Court in which the same was commenced, to the End and final Determination thereof; any Law or Usage, to the contrary, notwithstanding.

VIII. And be it further Enacted, by the Authority aforesaid, That Joseph Jones, Lemuel Sawyer, Isaac Gregory, Demsey Burgess, and Caleb Grandy, Esquires, or a Majority of them, be, and they are hereby appointed Commissioners to lay off and appoint the Place where the Court-House, Prison, and Stocks, for the Use of the said County of Cambden, shall be built, and there to erect, or cause the same to be erected.

IX. And be it Enacted, by the Authority aforesaid, That the Sheriff of the said County of Cambden is hereby impowered and directed to account for and pay the Money by him collected for the Purpose of building the aforesaid Court-House, Prison, and Stocks, to the Commissioners aforesaid, after deducting his Commissions for collecting the same.

X. And be it Enacted, by the Authority aforesaid, That from and after the passing of this Act, the said County of Cambden shall continue to be considered as Part of the District of Edenton.

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

XII. Be it further Enacted, by the Authority aforesaid, That the Justices of the Court of the said County of Cambden shall have Power to call the Commissioners to erect a Court-House, Prison, and Stocks, to account for the due Application of whatever Monies they may receive for the Purposes mentioned, and if there should be any surplus, apply the same towards defraying the Contingencies of the County. And whenever it shall become necessary to run the North West Line from the Head of Pasquotank River to the Virginia Line, the Justices of the Courts of Cambden and Pasquotank shall appoint one Commissioner from each of the said Counties to run the said Line, and lay a Tax for defraying the Charges thereof; which Line when

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run, shall be recorded in the Court of each of the said Counties of Cambden and Pasquotank, and shall from thenceforward be deemed the dividing Line between the said Counties.

XIII. And be it Enacted, by the Authority aforesaid, That the County of Cambden shall be intitled to the same Privileges and Immunities as the other Counties in this State are intitled to.

CHAPTER XIX.
An Act for dividing Rowan County, and other Purposes therein mentioned.

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

II. Be it therefore Enacted, by the General Assembly of the State of North-Carolina, and by the Authority of the same, That from and after the First Day of June next the said County of Rowan be divided by a Line, beginning at the Catawba River, on the Line between Rowan and Tryon Counties; thence running up the Meanders of said River to the North End of an Island, known by the name of the Three Cornered Island; thence North to the Ridge that divides the Yadkin and Catawba Waters; then Westerly along the Ridge to the Mountain which divides the Eastern and Western Waters, commonly known by the Name of the Blue Mountain. And that all that Part of the late County of Rowan which lies to the East of the said dividing Line, shall continue and remain a distinct County, by the Name of Rowan; and all that other Part of the said County of Rowan which lies West and South of the said dividing Line, shall thenceforth be erected into a new and distinct County, by the Name of Burke.

III. And for the due Administration of Justice, Be it Enacted, by the Authority aforesaid, That a Court for the said County of Rowan shall be constantly held by the Justices thereof at the Court-House in Salisbury, on the first Tuesdays in May, August, November, and February, in each Year; and also that a Court for the said County of Burke shall be constantly held by the Justices thereof on the fourth Tuesdays of July, October, January and April, in every Year. And the Justices for the said county of Burke are hereby authorized and impowered to hold the first Court in the same at the House of Edward Smith on the fourth Tuesday of July, and all subsequent Courts for the same County on the Days above appointed for holding Courts therein, at any Place to which the said Justices shall from Court to Court adjourn themselves, until a Court-House shall be built for the said County of Burke; and then all Causes, Matters, and Things, depending in said Court, and all Manner of Process returnable to the same, shall be adjourned to such Court-House. And all Courts held in and for the said County of Burke, shall be held by Commission to the Justices, in the same Manner, and under the same Rules and Restrictions, and shall have and exercise the same Power and Jurisdiction, as are or shall be prescribed for other Courts held for the several Counties in this State.

IV. And be it further Enacted, by the Authority aforesaid, That nothing herein contained shall be construed to debar the Sheriff of the said County of Rowan, as the same stands now undivided, to make Distress for any Levies, Fees, or other Dues, that shall be due from the Inhabitants of the said County on the First Day of June, in the same Manner as by Law the said Sheriff could or might have done if the said County had remained undivided; and the said Levies, Fees, and other Dues, shall be collected and

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accounted for in the same Manner as if this Act had never been made, any Thing herein contained to the contrary, notwithstanding.

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

VI. And be it further Enacted, by the Authority aforesaid, That William Sharp, John Harding, and John Perkins, Esquires, be appointed Commissioners, and they are hereby impowered and required to run the said dividing Lines between the Counties of Rowan and Burke, agreeable to the Directions of this Act; which said Lines when run by the Commissioners, or a Majority of them, shall be by them entered on Record in the Court of each of the said Counties, and shall hereafter be deemed and taken to be the dividing Lines between the said Counties of Rowan and Burke.

VII. And be it further Enacted, by the Authority aforesaid, That Christopher Beekman, Charles McDowell, George Cathey, Hugh Brevard, George Welfong, James Davidson, and John Conelly, the Survivor or Survivors of them, be, and they are hereby impowered and directed to agree and contract with Workmen for erecting and building a Court House, Prison, and Stocks, for the Use of the said County of Burke, at such Place as they, or a Majority of them, or their Survivors, shall agree upon.

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

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

X. And whereas the Number of Jurors to serve at the Superior Court for the District of Salisbury, for the County of Rowan, was formerly Twelve; Be it Enacted, by the Authority aforesaid, That the Justices of the said County of Rowan shall for the future continue to appoint Six Freeholders to serve as Grand Jurors, and Six Freeholders to serve as Petit Jurors, at the said Superior Court of Salisbury.

XI. And be it further Enacted, by the Authority aforesaid, That the Justices of the Inferior Court of Burke County shall, and they are hereby directed,

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before every Superior Court held for the District of Salisbury aforesaid, to nominate and appoint Six Freeholders to serve as Grand and Petit Jurors at such Superior Court; a List of which Jurors so nominated shall be delivered by the Clerk of such Court to the Sheriff, who shall, and is hereby required to summon the Persons so nominated to serve as Jurymen at the said Superior Court; which Jurymen so nominated, shall have and receive the same allowance, and shall be under the same Rules, Fines, and Restrictions, as other Jurymen in the respective Counties in this State.

XII. And be it further Enacted, by the Authority aforesaid, That the said County of Burke shall be intitled to send the same Number of Members to represent said County in General Assembly, as other Counties in this State are intitled to.

CHAPTER XX.
An Act for incorporating the President and Trustees of Liberty Hall, in the County of Mecklenburg.

I. Whereas the proper Education of Youth in this infant Country is highly necessary, and would answer the most valuable and beneficial Purposes to this State, and the good People thereof; and whereas a very promising Experiment hath been made at a Seminary in the County of Mecklenburg, and a Number of Youths there taught have made great Advancements in the Knowledge of Learned Languages, and in the Rudiments of the Arts and Sciences, in the Course of a regular and finished Education, which they have since compleated at various Colleges in distant Parts of America; and whereas the Seminary aforesaid, and the several Teachers who have successively taught and presided therein, have hitherto been almost wholly supported by private Subscriptions: In order therefore that the said Subscriptions and other Gratuities may be legally possessed and duly applied, and the said Seminary, by the Name of Liberty Hall, may become more extensively and generally useful, for the Encouragement of liberal Knowledge in Languages, Arts and Sciences, and for diffusing the great Advantages of Education upon more liberal, easy, and generous Terms;

II. Be it Enacted, by the General Assembly of the State of North Carolina, and by the Authority of the same, That the said Seminary shall be, and it is hereby declared to be an Academy, by the Name of Liberty Hall.

III. And be it further Enacted, by the Authority aforesaid, That Isaac Alexander, President, and Messrs. Thomas Polk, Thomas Neal, Abraham Alexander, Waightstill Avery, Ephraim Brevard, David Caldwell, James Edmonds, John Simpson, Thomas Rees, Adlai Osborn, Samuel McCorkle, John McKnit Alexander, Thomas McCall, and James Hall, be, and they are hereby formed and incorporated into a Body politick and corporate, by the Name of President and Trustees of Liberty Hall, and by that Name shall have perpetual Succession, and a common Seal; and that they the said President and Trustees, and their Successors, by the Name aforesaid, or a Majority of them, shall he able and capable in Law to take, demand, receive and possess, all Monies, Goods and Chattels, that shall be given them for the Use of the said Academy, and the same apply according to the Will of the Donors; and by Gift, Purchase or Devise, to take, have, receive, possess, enjoy and retain, to them and their Successors for ever, any Lands, Rents, Tenements and Hereditaments, of what Kind, Nature, or Quality soever the same may be, in special Trust and Confidence that the same, or the Profits thereof, shall be applied to and for the Uses and Purposes

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of establishing and endowing the said Academy of Liberty Hall, in the County of Mecklenburg, building or purchasing suitable and convenient Houses for the same, providing a philosophical Apparatus and public Library, and supporting and paying Salaries to the President, and such Number of Professors and Tutors thereof, as shall be necessary to instruct the Students, and they shall be able to pay out of the public Funds that shall be in their Hands.

IV. And be it Enacted, by the Authority aforesaid, That the said President and Trustees, and their Successors, or a Majority of them, by the Name aforesaid, shall be able and capable in Law to bargain, sell, grant, demise, alien or dispose of, and convey and assure to the Purchasers, any such Lands, Rents, Tenements or Hereditaments aforesaid, when the Condition of the Grant to them, or the Will of the Devisor, does not forbid it. And further, that the said President and Trustees, and their Successors, for ever, or a Majority of them, shall be able and capable in Law, by the Name aforesaid, to sue and implead, be sued and impleaded, answer and be answered, in all Courts of Record whatsoever.

V. And be it further Enacted, by the Authority aforesaid, That the said President and Trustees be, and they are hereby impowered, authorized and required, to convene at the Town of Charlotte on the Third Tuesday of October next after passing this Act, and then and there elect and constitute, by Commission in Writing under their Hands, and sealed with the common Seal of the Corporation, such and so many Professors or Tutors as they may think expedient; and then and there, and at all other Times for ever hereafter, when the said President and Trustees, their Successors, or a Majority of them, shall be convened and met together in the said County of Mecklenburg, they shall have full Power and lawful Authority to elect and constitute one or more Professors or Tutors; and also to make and ordain such Laws, Rules and Ordinances, not repugnant to the Laws of this State, for the well ordering and governing the Students, their Morals Studies, and Academical Exercises, as to them shall seem meet; and to give Certificates to such Students as shall leave the said Academy, certifying their literary Merit, and the Progress they shall have made in useful Knowledge, whether it be in learned Languages, Arts or Sciences, or all of them.

VI. Be it further Enacted, by the Authority aforesaid, That the said President and Tutors, before they enter upon the Execution of the Trust reposed in them by this Act, shall take the Oath appointed for Public Officers, and also the following Oath, viz:

I, A. B., do swear, that I will duly and faithfully, to the best of my Skill and Ability, execute and discharge the several Trusts, Powers and Authorities, wherewith I am invested, by an Act of the General Assembly, intituled, An Act for incorporating the President and Trustees of Liberty Hall, in the County of Mecklenburg; and that I will endeavour that all Monies, Goods, Chattels, and the Profits of Lands, belonging to this Corporation, shall be duly applied to the Use of the Academy, for the Advancement of Learning, and as near as may be agreeable to the Will of the Donor. SO HELP ME GOD.

And if any President or Trustee of said Academy shall enter upon the Execution of the Trust reposed in him by this Act before taking the said Oaths as above required, he shall forfeit and pay the Sum of Twenty Pounds, Proclamation Money; to be recovered by Action of Debt, in the Name of the Governor of the State for the Time being, and applied to purchase Books for the Use of the said Academy.

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VII. And be it further Enacted, by the Authority aforesaid, That the President and Trustees shall annually in the Month of October, elect and commissionate some Person to be Treasurer for the said Academy, during the Term of one Year; which Treasurer shall enter into Bond, with sufficient Security, to the Governor for the Time being, in the Sum of Five Thousand Pounds, conditioned for the faithful Discharge of his Office, and the Trust reposed in him; and that all Monies and Chattels belonging to the said Corporation, that shall be in his Hands at the Expiration of his Office, shall then be immediately paid, and delivered into the Hands of the succeeding Treasurer. And every Treasurer shall receive all Monies, Donations, Gifts, Bequests, and Charities whatsoever, that may belong or accrue to the said Academy during his Office, and at the Expiration thereof shall account with the Trustees for the same, and the same pay and deliver over to the succeeding Treasurer; and on his Neglect or Refusal to pay and deliver as aforesaid, the same Method of Recovery may be had against him, as is or may be provided for the Recovery of Monies from Sheriffs or other Persons chargeable with Public Monies.

VIII. And whereas it is necessary to make Provision for the Appointment of succeeding Presidents and succeeding Trustees, in order to keep up a perpetual Succession; Be it therefore Enacted, by the Authority aforesaid, That on the Death, Refusal to qualify, Resignation, or Removal out of the State, of the President or any of the Trustees for the Time being, it shall be lawful for the remaining Trustees, or a Majority of them, and they are hereby authorized and required, to convene and meet together in the said County of Mecklenburg, and there elect and appoint another President, or one or more Trustees, in the Room and Stead of such President, Trustee or Trustees, dead, refusing to qualify, resigned, or removed out of the State; which President and Trustees so elected and appointed, shall be vested with the same Trusts, Powers and Authorities, as other Fellows and Trustees are invested with by Virtue of this Act, he or they having first taken the Oaths by this Act required.

IX. And be it further Enacted, by the Authority aforesaid, That the said Trustees and their Successors, or a Majority of them, at their Meeting in October annually, and at any other Meeting called for that Purpose (after due Notice given to at least Nine of the Trustees, signifying the Occasion of such Meeting) shall have full Power and Authority to hear any Complaint against the President, or any Professor or Tutor, and for Misbehaviour or Neglect to suspend, or wholly remove him or them from Office, and appoint others to fill the same Office or Offices respectively; and any President so removed from Office, shall from thenceforth cease to be a Member of the Corporation, and the President appointed in his Room and Stead shall be vested with all the Authority and Privileges with which the President by this Act appointed is invested.

X. Provided nevertheless, and be it further Enacted, That this Act, or any Thing therein contained, shall not extend, or be understood to make this Academy one of those Seminaries, mentioned in the Constitution, to oblige this State to support any President, Professor or Tutor, of said Academy, or other Charge or Expence thereof whatsoever; this Act of Incorporation having been obtained at the earnest Prayer and Intreaty of the said Trustees and others, who were desirous to contribute towards the Support thereof.

Read three Times and Ratified in General Assembly, the Ninth Day of May, Anno Dom. 1777.

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CHAPTER XXI.
An Act to prevent hunting with a gun, by Fire Light in the night.

I. Whereas, many persons under pretence of hunting for deer in the night by Fire Light, kill Horses and Cattle to the prejudice of the owners thereof.

II. Be it therefore Enacted by the General Assembly of the State of North Carolina, and by the authority of the same, that if any person or persons shall be discovered hunting in the woods with a gun in the night time by Fire Light, such person or persons so offending shall upon conviction thereof, by the proof of one credible witness, before any justice of the peace in the County where the offence was committed, be compelled to go into the service of the United States, and there serve as a Continental soldier for the space of three years, subject to the same rules, regulations and restrictions as are prescribed by the Continental Congress for the government of the Army, and shall be turned over to the army in the same manner as is directed by an act passed this Session, for the encouragement of the recruiting service.

III. Provided, nevertheless, that in case the said offender shall immediately procure an able bodied and effective man to serve in the Continental Army for the aforesaid term of three years, then the said convicted person shall be excused, and stand acquitted of the judgment passed upon him.

IV. And be it further enacted by the authority aforesaid, that if any slave or slaves shall be discovered hunting in the manner herein before mentioned, such slave or slaves shall upon due conviction thereof before any justice of the peace for the County in which the offence was committed, by the oath of a credible witness, be sentenced to receive thirty-nine lashes on his bare back; and the gun or guns found in the possession of any slave so hunting in the night as aforesaid, shall be forfeited to and become the property of the person or persons that shall discover and prosecute any slave or slaves in manner aforesaid; and the owner of the slave convicted shall be fined in the sum of Five Pounds, to be recovered by warrant before any justice of the peace for the County in which the offence was committed; to be applied towards defraying the contingent charges of the said County.

V. And be it further enacted by the authority aforesaid, that this Act shall be and continue for the term of five months, and from thence to the end of the next Session of Assembly and no longer.

CHAPTER XXII.
An Act to prevent forging or counterfeiting, and punish such persons as shall forge or counterfeit, or Pass or Vend, knowing the same to be forged or Counterfeited, any of the Lottery Tickets of the United States, and for other Purposes.

I. Whereas, the Delegates of the United States in Congress assembled, by a resolution passed the eighteenth day of November, one thousand seven hundred and seventy-six, established a Lottery for the purpose of raising a sum of money or loan for carrying on the present just and necessary war in Defence of the Lives, Liberties and Property of the Inhabitants of the said United States; and have recommended it to the Legislatures of the several States, respectively, to pass such laws as will most effectually tend to prevent the Counterfeiting or forging the tickets of the said Publick Lottery.

II. Be it therefore enacted by the General Assembly of the State of North

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Carolina, and it is hereby enacted by the authority of the same, that if any person shall hereafter forge, counterfeit or alter, or procure or cause to be forged, counterfeited or altered, or pass or vend, knowing the same to be forged or counterfeited, any of the Tickets of the Publick Lottery of the United States, as aforesaid, or any part of any such ticket, or shall forge, or counterfeit the Name, or Handwriting, of any manager of the said Lottery, subscribed to any such ticket, whether such ticket so forged, counterfeited or altered, be of the likeness and similitude of the first class of the said lottery tickets already published and issued, or of the likeness and similitude of any other class of the said Lottery Tickets hereafter to be issued; he or she, so offending, shall upon conviction, be adjudged guilty of Felony; and shall forfeit his or her lands and tenements, Goods and Chattels, to the use of the State, and shall suffer the pains of death, as a Felon.

III. And be it enacted by the authority aforesaid, that if any person shall forge, counterfeit, alter, or cause to be forged, counterfeited, or altered, any of the Publick Bills of Credit, emitted by the Congress of the said United States, or any of the Bills of Credit emitted by any Congress, Convention or Assembly of this State, or any of the Bills of Credit emitted and made current by any Congress, Convention, or Assembly of any one of the said United States; or shall forge, counterfeit or alter any part of the said Bills of Credit, or any of them; or shall offer to pass any such forged, counterfeited, or altered Bills of Credit, knowing the same to be so forged, counterfeited or altered; the person so offending shall, upon conviction, be adjudged guilty of felony and shall forfeit his or her lands and tenements, Goods and Chattels, to the use of the State, and shall suffer death as a Felon.

IV. And be it further enacted by the Authority aforesaid, That the Bills of Credit emitted by authority of the Congress of the United States, and the Bills of Credit emitted by authority of the different Congresses of this State, shall be current and a lawful tender in all payments, Trade and Dealings in this State; and shall be deemed in value the same nominal sum in Spanish milled Dollars; and whosoever shall offer, ask or receive more in the said Bills, or any of them, for any Gold, or Silver Coins, Bullion, or any species of money whatsoever than the nominal sum or amount thereof in Spanish milled Dollars, or more in the said Bills or any of them, for any Lands, Houses, Goods, or Commodities, whatsoever, than the same could be purchased at of the same person or persons in gold or silver, or any other species of money whatsoever, or shall offer to sell any Goods, or Commodities for Gold or Silver Coins, or any other species of money whatsoever, and refuse to sell the same for the said Bills of Credit, emitted by the Congress of the United States, or the said Bills of Credit emitted by any Congress of this State, every such person shall be deemed a publick enemy to this and the other United States, and shall forfeit the value of the money so exchanged, or House, Land or Commodity, so sold or offered for sale, as aforesaid, to the use of the State.

V. And be it further enacted by the authority aforesaid, that all debts due and owing by any person, or persons in this State, which at the time of contracting thereof, were to have been paid in sterling money, shall and may be discharged with Continental Bills of Credit, and the Bills of Credit of this State, or either of them, and the rate of four shillings and six pence sterling for each dollar, and in discharge of debts contracted to be paid in the Currency of this State the same shall be paid in the Bills of Credit aforesaid, at the rate of eight shillings Currency per Dollar; any Law, Usage or Custom to the contrary notwithstanding.

VI. And be it further enacted, that this act shall continue and be in force

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for, and during the term of five months, and from thence to the end of the next session of Assembly, and no longer.

CHAPTER XXIII.
An Act for Confirming an Act, entitled, an Act to amend an Act, intituled, an Act what fences are Sufficient, and to amend and continue an Act relating to taking up stray Horses.

I. Whereas, an Act of Assembly of this State passed in the year of our Lord one thousand seven hundred and seventy one, entituled, an Act to amend an Act, entituled an Act what fences are sufficient, and to amend and continue an Act relating to taking up stray horses has been found to be of great utility to this State, and whereas, the said Act expires with this Session of Assembly, therefore,

II. Be it enacted by the General Assembly of the State of North Carolina, and it is enacted by the authority of the same, that the Rangers in the different Counties wherein this Act is to operate shall be appointed, by the County Courts of the said Counties subject to the same Regulations and intituled to the same fees and emoluments as in the aforesaid Act for appointing Rangers Directed, and that the said Acts in every other respect be continued in their full force in the several counties in this State & the District of Washington for and during the term of five months and from thence to the end of the next session of Assembly.

CHAPTER XXIV.
An Act for ascertaining the salary of the Governor, and other purposes therein mentioned.

I. Be it Enacted by the General Assembly of the State of North Carolina, and by the authority of the same, That the Governor for the time being shall be allowed at the rate of Fifteen Hundred Pounds per annum, for his services in lieu of all Fees, and Emoluments whatsoever, and that each Member of the Council of State, shall be allowed at the rate of twenty shillings per day for each days Travelling to, attending at, and returning from, the Council, with his ferriages to be paid out of the Publick Treasury.

II. And be it further enacted by the authority aforesaid, that the Secretary for the time being shall be allowed at the rate of Two Hundred and fifty Pounds per annum for all publick services, to be paid out of the Public Treasury, and for private services the Secretary shall have and receive the following fees to be paid by the parties, to-wit: Letters, Testamentary or of Administration, two shillings and eight pence; every commission for a place of profit five shillings and four pence; searching a record, seven pence; copy of a patent, one shilling and four pence; every certificate, seven pence; every testimonial passing the Secretary's office under the seal of the State, five shillings and four pence; filing every paper, seven pence.

III. And be it further enacted by the authority aforesaid, That the several Expresses that shall be necessarily dispatched in the service of the publick shall be paid out of the Publick Treasury.

IV. And be it further enacted by the authority aforesaid, That the Treasurers of this State shall be allowed for their publick services at the rate of five hundred pounds each per annum.

V. And be it further enacted by the authority aforesaid, That each of the

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treasurers of this State immediately after the ratification of this Act shall give Bond and Sufficient Security in the sum of One Hundred Thousand Pounds, Current Money of this State, to the Governor for the time being, and his Successors with Condition that he will diligently and faithfully endeavor to collect from the respective Sheriffs and Collectors, and other persons, charged with publick moneys in his District, and well and truly account for and pay to the General Assembly of this State, when thereto required, all publick monies which he shall receive, and for the faithful and regular discharge of the Duties of his said Office, which Bond shall be lodged in the Secretary's Office.

VI. And be it further enacted by the authority aforesaid, That this Act shall continue, and be in force for five months, and from thence to the end of the next session of the General Assembly.

CHAPTER XXV.
An Act for enforcing the Statute Laws and such parts of the Common Law and Acts of Assembly heretofore in use here, and also for enforcing the resolves of the Conventions and Congresses of this State, which have not had their effect, and for other purposes therein mentioned.

I. Whereas, it is absolutely necessary for the safety and good government of this State that Laws be immediately in force here, therefore,

II. Be it enacted by the General Assembly of the State of North Carolina, and by the authority of the same, that all such statutes and such parts of the Common Law and Acts of Assembly heretofore in use here and not destructive of, repugnant to or inconsistent with the freedom and independence of this State not abrogated, repealed, expired, become obsolete, or otherwise provided for, and all and every Resolve and Resolves of the several Congresses or Conventions of this State, which have not had their effect or been repealed shall enure, continue and be in force until the end of next session of General Assembly and no longer.

III. And be it further enacted by the authority aforesaid, that an act entitled an Act to prevent Card Playing, and other Deceitful Gaming, passed at New Bern in December, one thousand seven hundred and seventy, shall be and is hereby declared in be in full force until the end of the next session of the General Assembly.

CHAPTER XXVI.
An Act to establish Courts for the trial of Criminals in each District within this State, and for vesting in the several County Courts and Sessions of the Peace, the Power of appointing Jurymen for the said District Courts and Constituting Judges to preside therein.

I. Whereas, it is necessary for the due administration of Justice, that Courts should be established in the several Districts within this State for the trial of Criminals.

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and by the authority of the same, that a court of Sessions of the Peace, Oyer and Terminer, and General Gaol Delivery shall be held at Salisbury for the District of Salisbury comprehending the Counties of Anson, Rowan, Mecklenburg, Tryon, Guilford, Surry, Burke, and the District of Washington, on the first Tuesday of September and March; at Hillsborough

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for the District of Hillsborough, comprehending the Counties of Orange, Granville, Wake, Chatham and Caswell, on the third Tuesday of June and December; at Halifax for the District of Halifax, comprehending the Counties of Halifax, Northampton, Edgecombe and Bute, on the last Tuesday of May and November; at Edenton for the District of Edenton, comprehending the Counties of Chowan, Perquimans, Pasquotank, Currituck, Bertie Tyrrell, Hertford, Martin and Camden, on the third Tuesday of March and September; at New Bern for the District of New Bern, comprehending the Counties of Craven, Carteret, Beaufort, Johnston, Hyde, Dobbs and Pitt, on the first Tuesday of March and September, and at Wilmington for the District of Wilmington, comprehending the Counties of New Hanover, Bladen, Onslow, Duplin & Cumberland, on the third Tuesday of February and August, 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 time.

III. And be it further enacted by the authority aforesaid, That the persons by this present General Assembly appointed, Judges of the said Courts and each of them when commissioned as hereafter mentioned in this Act shall be invested with full power to hold a Court of Sessions of the Peace, Oyer and Terminer and General Gaol Delivery, in each of the Districts aforesaid on the days and places before specified, and to hear, try and determine all crimes, offences and misdemeanors against the safety, peace and good government of the State, which may have been committed or which shall hereafter be committed within any of the said Districts respectively, and to give judgment and award execution thereon, and the Governor or Commander in Chief for the time being, is hereby empowered to issue a Commission or Commissions of the Peace, Oyer and Terminer and General Gaol Delivery, directed to the persons so appointed Judges as aforesaid.

IV. And be it further enacted by the authority aforesaid, That the said Judges, or either of them, shall have power to appoint some practising Lawyer properly qualified to prosecute in each respective Court aforesaid, as attorney for the State, and such Attorney so appointed shall have and receive the sum of Sixteen Pounds for each and every Court he shall so attend and such fees as the Attorney General shall have heretofore received for such services.

V. And be it further enacted by the authority aforesaid, That the justices of the County Courts and Sessions of the Peace, and they are hereby required before the sitting of the Courts of Sessions of the Peace, Oyer and Terminer and General Gaol Delivery of their respective Districts to nominate twenty-four freeholders to serve as grand jurors and twenty-four freeholders to serve as petit jurors at each of such District Courts respectively, and that the number of freeholders to be nominated to serve as jurors shall be as follows, to-wit: For Anson eight, Rowan twelve, Mecklenburg six, Tryon four, Burke six, Guilford six, and Surry six, to serve as jurors at the Court to be held for the District of Salisbury. For Orange twelve, Granville twelve, Chatham eight, Wake eight, and Caswell eight, to serve as jurors at the Court to be held for the District of Hillsborough, for Halifax sixteen, Edgecombe ten, Bute ten, Northampton twelve, to serve as jurors at the Court to be held for the District at Halifax. For Chowan ten, Perquimans six, Pasquotank four, Currituck four, Tyrrell four, Martin four, Bertie eight, Hertford six and Camden two, to serve as jurors at the Court to be held for the District of Edenton. For Craven eighteen, Carteret four, Beaufort six, Hyde four, Dobbs six, Johnston four, and Pitt six, to serve as jurors at the Court to be held for the District of New Bern. For Northampton twelve, Bladen eight,

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Onslow eight, Cumberland six, Duplin eight, and Brunswick six, to serve as jurors at the Court to be held for the District of Wilmington, which said jurors shall be divided into grand and petit jurors by the County Courts of the respective Counties from whence such jurors shall be sent. Provided nevertheless, that when the jurors from any County shall not be so divided by the County Courts that then the District Court hereby established shall make such Division.

VI. And be it further enacted by the authority aforesaid, That in case it shall so happen that any of the County Courts and Sessions of the Peace shall neglect to nominate Jurors as aforesaid, or the jurors nominated should not be summoned by the Sheriff, or should fail to appear, or from any other reason there should be a defect of jurors at any of the said District Courts, that then it shall and may be lawful for the judge or judges of such Court to order the Sheriff to summon other free holders of the bystanders, to serve either as grand or petit jurors, or in case from the number challenged by any prisoner there shall not be a sufficient number remain, to make a full jury it shall in like manner be lawful for the Court to order other freeholders of the bystanders to be summoned; 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 may summon so many freeholders of the Bystanders as may be necessary, and if any person so summoned to attend on any jury at such Court shall fail to appear and attend according to such summons it shall be lawful for the Court to fine every person so failing, Three Pounds Proclamation money to the use of the County wherein he is resident, unless he can make a sufficient excuse for his nonattendance.

VII. And be it further enacted by the authority aforesaid, that the said judges, or either of them, shall have power to appoint some person properly qualified to act as Clerk of each respective Court aforesaid, and such Clerk shall every Day during the continuance of such Court write the names of all the Petit Jurors appearing, on scrolls of paper which shall be put into a box and on the trial of every issue, a Child under ten years of age in open Court shall draw out of the said box twelve of the said scrolls and the persons whose names shall be on the said scrolls drawn as aforesaid, shall be the jury to try such issue unless they be lawfully challenged, in which case other scrolls shall be drawn till the Jury be completed.

VIII. And be it further enacted by the authority aforesaid, That each and every juror who shall attend any of the said District Courts in Virtue of this Act upon producing a Certificate from the Clerk of such Court setting forth the time of his attendance to the County Court and Sessions of the Peace of the County where he resides shall have five shillings proclamation money allowed him for every day he shall travel and attend as aforesaid, and also the charge of his ferriages, and the bystanders summoned on the grand jury shall have the same daily allowance for their attendance only.

IX. And be it further enacted by the authority aforesaid, that the Clerk of every such District Court shall make up a full and perfect Record of the proceedings of such Court, for which, and for his attendance and other services he shall be allowed the sum of two pounds proclamation money, for every day such Court shall set and he shall so attend and act in as Clerk thereof, and the Judge or Judges 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 or them, in such 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 judges

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who in virtue of this Act shall hold any of the said Courts shall have and receive the sum of twenty five pounds proclamation money each for every Court they shall so hold.

XI. And be it further enacted by the authority aforesaid, That the several Bills of Indictment found at the Court of Sessions of the Peace, Oyer and Terminer, and General Gaol Delivery, lately held in any of the said Districts pursuant to and in virtue of an ordinance passed in the last Congress held at Halifax, intituled “An Ordinance to establish Courts for the trial of Criminals in each District within this State, and for vesting in the several Sessions of the Peace the power of appointing jurymen for the said District Courts and constituting Judges to preside therein” shall be transposed into and all process thereon shall be returnable to and cognizable and that same indictments and process may be heard, tried and determined in and by the several and respective District Courts established by this Act. And the several Persons bound in Recognizance by any of the said late District Courts for their appearance in Court at a certain day shall be obliged to appear at the first Court of Sessions of the Peace, Oyer and Terminer and General Gaol Delivery to be held for each respective District as aforesaid in the same manner as if such person had been expressly bound by such recognizance for their appearance at such respective District Court.

XII. And be it further enacted by the authority aforesaid, That this Act shall continue and be in force to the end of the next session of the General Assembly and no longer.

CHAPTER XXVII.
An Act for erecting County Courts and Sessions of the Peace and also for appointing and Commissioning Justices of the Peace and Sheriffs in and for the several Counties and the District of Washington within this State and for other purposes therein mentioned.

I. Whereas, it is necessary for the Distribution of Justice and the Good Order and Government of this State, that County Courts and Sessions of the Peace, should be held, and Justice of the Peace, Sheriffs and other officers appointed in the several Counties thereof and the District aforesaid.

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and by the authority of the same, that the Governor be hereby impowered immediately to issue Commissions of the peace for authorizing the several persons by this present Assembly nominated and appointed Justices of the Peace, for the several counties and the District aforesaid, within this State and likewise a commission of Dedimus Potestatum to proper persons in each of the said Counties and the District aforesaid to qualify the said Justices thereof and each Justice so appointed and commissioned shall be invested with full power and authority within their respective counties and the District aforesaid for keeping the peace and causing offenders against the peace of this State to be apprehended, examined, bailed or committed according to the nature of the offence in as full and ample a manner to all Intents and purposes as any Justices or any conservators of the peace have heretofore of right had and exercised or enjoyed in this State, and that they, or any three of them shall have power to hold a County Court and Session of the Peace in each of their respective Counties on the days above appointed for holding Inferior Courts of Pleas and Quarter Sessions by the Act of Assembly last in force in North Carolina and in the District of Washington on the fourth Tuesday in February, May, August and November, and to enquire of, hear

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and determine primer offences and misdemeanors as were cognizable by and within the jurisdiction of the said Inferior Courts of Pleas and Quarter Sessions in virtue of the aforesaid Act of Assembly and to put in execution all laws now in force relating to orphans and guardians, for the proving and recording of deeds, the probate of Wills and the granting Letters Testamentary and of Administration and for granting Commissions for taking the private examination of feme coverts and for appointing constables and overseers and Commissioners of Roads and for altering and laying out roads and all other matters relative thereto in such manner and under such restrictions as Inferior Courts of Pleas and Quarter Sessions have heretofore legally done, or Justices of the Peace, commissioned by virtue of this Act may do, pursuant to an Act of this present General Assembly, entituled an Act for enforcing the statute laws and such part of the Common Law and Acts of Assembly heretofore in use here, and also for enforcing such resolves of the Conventions and Congresses of this State which have not had their effect and for other purposes therein mentioned.

III. And be it further enacted, by the authority aforesaid, That upon complaint made to either of the Justices of the Peace in the respective Counties and the District aforesaid by any person, his attorney, agent on oath that any person who owes him a debt has removed, or is removing himself out of the County privately and such plaintiff further testifying the amount of his Debt or Damages to the best of his knowledge, it shall and may be lawful for such Justice thereupon to grant an attachment against the estate of such Defendant wherever the same may be found, or in the hands of any person indebted to or having any of the effects of such Defendant, or so much thereof as shall be of value sufficient to satisfy the Debt or Damages and Costs of such Complaint, such Plaintiff having first given bond to the Defendant with good and sufficient security in double the sum mentioned in such complaint, for the payment of all such damages and costs as shall be recovered and awarded against him at the suit of such defendant in case the plaintiff shall fail or be cast in his suit, which attachment if for any sum not exceeding five pounds proclamation money, shall be returnable before such justice who shall grant the same, or some other justice of the peace for the County where such attachment is granted, but if for any sum exceeding five pounds proclamation money, then such attachment shall be returnable into the County Court and Sessions of the Peace heretofore established and the goods or estate attached thereupon may be Replevined by the Defendant, and for the want of such replevin the same shall be liable to be sold and the money arising from such sale shall be subject to the recovery of the plaintiff in the same manner and under the same rules and restrictions as is Directed and provided by an Act of Assembly passed at New Bern the fifth day of December, in the year of our Lord one thousand seven hundred and sixty seven, intituled, an Act for Dividing this Province into six several Districts and for establishing a Superior Court of Justice in each of the said Districts and regulating the proceedings therein, and for providing adequate salaries for the Chief Justice and the Associate Justices of the said Superior Courts.

IV. Provided, that the Justices of such County Court and Sessions of the Peace shall not proceed to tryal of, or give Judgment or award execution on any such attachment or any civil action or suit heretofore brought in any Inferior Court of Pleas and Quarter Sessions and that nothing herein contained shall extend or be construed to give the County Courts and Sessions of the Peace hereby erected, any jurisdiction or authority to hold, plea or take

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cognizance of any civil action or suit whatever except in cases of attachment as above specified.

V. And be it further enacted by the authority aforesaid, That the Justices of the Peace in the several counties and District aforesaid shall have power to appoint a Clerk for each respective County Court and Session of the Peace by a majority of the votes of all the Justices in the Commission of the Peace for such county, or of those who shall during the two first days of the next sitting of the County Courts qualify thereupon and all such clerks when so appointed, shall hold their respective offices during good behavior. Such Clerk taking the oath of allegiance to this State prescribed by Act of the General Assembly for the qualification of Publick Officers and also the oath of office prescribed by the said Act of Assembly last in force for establishing Inferior Courts of Pleas and Quarter Sessions before he shall enter upon the execution of his said office.

VI. And be it further enacted by the authority aforesaid, that the persons appointed Justices of the Peace and Commissioned in pursuance of this Act before entering upon and executing their said office shall take the said oath appointed to be taken for the qualification of publick officers and also the following oath to-wit: I, A. B., do swear that as a justice of the Peace for the County of —— in all articles in the commission to me directed I will do equal right to the poor and to the rich after my cunning Wit, Power, and to the best of my Judgment 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 fill my office of a Justice of the Peace as well within the County Court and Sessions of the Peace as without, and I will not take any fee, gift, gratuity or reward 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 such to the Sheriff or Constable of the County, or other officers or ministers of the State or other indifferent person to do execution thereof. SO HELP ME GOD.

VII. And to prevent a failure of justice be it further enacted by the authority aforesaid, that the Justices of the Peace at their first session which shall be respectively held after the ratification of this act shall nominate some substantial freeholder in each County, and the District aforesaid, to be Sheriff of the same whom the Governor of this State for the time being is hereby empowered to commission in pursuance of such nomination and such Sheriff shall thereupon hold his said office in virtue of such nomination and commission not exceeding the term of one year from the date of such Commission and each Sheriff shall previous to his entering upon the execution of his office take the oath to this State prescribed by Act of General Assembly for the qualification of publick officers and likewise an oath of office and shall also enter into bond with good and sufficient security in the penalty of one thousand pounds proclamation money, payable to the Governor for the time being and his successors, with condition similar and as near as may be to the form of a bond payable to the King preserved in an Act of Assembly entituled an Act for appointing Sheriffs and directing their Duty in office.

VIII. And in executing all process and in apprehending and securing criminals the several Sheriffs in this State shall be governed by the last mentioned act when it is not inconsistent with or repugnant to the Independence of this State, or the rules and regulations within the same or any Act of this present session, and the Constables appointed by the said respective Counties and the District of Washington as aforesaid, shall before

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entering upon the execution of their office take the oath of allegiance to the State and likewise an oath of office.

IX. And be it further Enacted by the Authority aforesaid, That this Act Shall continue and be in force for the space of five months from thence to the end of the next session of Assembly and no longer.

Read three times and ratified in General Assembly, the Ninth Day of May, 1777.

SAMUEL ASHE, S. S.
ABNER NASH, S. C.