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Acts of the North Carolina General Assembly, 1783
North Carolina. General Assembly
April 18, 1783 - May 17, 1783
Volume 24, Pages 475-542

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LAWS OF NORTH CAROLINA, 1783.

At a General Assembly begun and held at Hillsborough, on the eighteenth day of April, in the year of our Lord, one thousand seven hundred and eighty three, and in the seventh year of the Independence of the United States of America: Being the first Session of this Assembly. Alexander Martin, Esq., Governor.

CHAPTER I.
An Act for emitting One Hundred Thousand Pounds in Paper Currency, for the purposes of government for seventeen hundred and eighty three, for the redemption of paper currency now in circulation, and advancing to the Continental officers and soldiers part of their pay and subsistance, and for levying a tax, and appropriating the confiscated property for the redemption of the money now to be emitted.

I. Whereas the necessity for money for the purposes aforesaid, is indispensable; 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 one hundred thousand pounds be emitted in paper bills of credit, on the faith and credit of this State, in bills of the following denominations, to-wit: Twenty thousand bills of forty shillings each, forty thousand bills of twentty shillings each, twenty thousand bills of ten shillings each, twenty thousand bills of five shillings each, forty thousand bills of two shillings each, ten thousand bills of one shilling each, and twenty thousand bills of six pence each; that the same be printed in a printing press, and that John Geddie and James Gillispie be appointed commissioners to superintend the press and number the bills; and that John Hunt and Benjamin McCulloch be appointed commissioners to sign and deliver the same to the public treasurers, to be by them applied as hereafter by this Act directed.

II. And be it further enacted by the authority aforesaid, That the general form of the bills hereby directed to be emitted, shall be as follows, to wit: “This bill of —— shillings shall be a tender in all payments whatever, agreeable to Act of Assembly passed at Hillsborough, the seventeenth day of May, Anno Domini, seventeen hundred and eighty three.” And such bills shall be impressed and printed, the whole of them, on thin paper of the same fabrication, both in the face and the reverse thereof, on the edges as well as the body thereof, with divers letters, marks, devices and words, which may be difficult of imitation, and which in the opinion of the said superintendants, may most effectually secure the same from attempts to counterfeit.

III. And be it further enacted by the authority aforesaid, That each pound of the emission aforesaid shall be deemed and held equal to two and an half Spanish Milled Dollars, and shall be a tender in all payments whatever.

IV. And be it further enacted by the authority aforesaid, That each and every person appointed by this Act to superintend the press, number, sign, and pay the bills into the public treasury, shall take an oath well and truly to execute the duties, and discharge the trust by this Act required; and each and every one of them shall enter into bond to the Governor for the time being, with sufficient security, to be by him approved, in the sum

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of one hundred thousand pounds, for the faithful and due performance of the duties by this Act required.

V. And be it further enacted by the authority aforesaid, That each and every commissioner for superintending the press, and numbering or signing, and paying into the public treasury, shall receive twelve shillings for every thousand bills by them signed or numbered, and delivered into the public treasury, to be paid out of the money by them paid into the public treasury.

VI. And be it further enacted by the authority aforesaid, That the commissioners by this Act appointed shall be, and are impowered to purchase paper and materials, and to employ a printer to print the said bills, and may draw on the treasury into which the aforesaid bills shall be paid, for the money necessary for the same, and their drafts shall be admitted as vouchers in the settlement of the treasurers' public accounts.

VII. And be it further enacted by the authority aforesaid, That the superintendants of the press, as soon as they have struck the sum of money hereby directed to be emitted, shall break and destroy, or cause to be broken or otherwise destroyed, such types, dies, or other emblems, as they shall have used in printing and impressing the same.

VIII. And be it further enacted by the authority aforesaid, That whoever shall by printing, writing, engraving, or by any ways and means counterfeit any of the said bills of credit, emitted by virtue of this Act, or any part, word, letter, name, emblem or device of the same, or shall make or construct any die, press, type, or other instrument for emitting or counterfeiting any of the said bills, or any part, letter, name, emblem or device thereof, except by authority of law, (or in case where such may be signed in order to bring suspected persons to justice) or shall alter or deface any of the said bills with intention to change the value and denomination thereof, or shall knowingly pass or utter any counterfeit likeness of any of the said bills, being thereof lawfully convicted by confession or verdict, or on arraignment on trial shall stand mute, or challenge peremptorily more than thirty-five jurymen, every such person shall be subject to, and suffer the same pains and penalties as are provided by an Act passed at Halifax, in the year seventeen hundred and seventy nine, intituled, An Act for punishing persons concerned in any of the several species of counterfeiting in this State.

IX. And be it further enacted by the authority aforesaid, That if any commissioner appointed by this Act to sign the said bills of credit, or superintend and number the same, shall die, refuse to act or resign, remove or become disabled or disqualified, it shall and may be lawful for the Governor to appoint one in his stead, and such commissioner shall give bond, and be subject to the same rules and regulations as commissioners appointed by this Act.

X. And be it further enacted by the authority aforesaid, That the treasurer of the district wherein the money shall be struck, shall attend upon notice from the commissioners, at the place where the same may be impressed and signed, for the purpose of receiving it, and shall be allowed for every thirty miles he shall travel in going to, and returning from such place, and for every day's attendance for that purpose, the sum of twenty shillings.

XI. And be it further enacted by the authority aforesaid, that the bills of credit to be emitted in virtue of this Act, shall be impressed, signed and numbered, at Halifax town.

XII. And be it further enacted by the authority aforesaid, that the treasurer to whom the commissioners before named shall pay the money emitted by virtue of this Act, is hereby directed and required to pay the same out of

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the treasury for the purposes, and in manner hereafter mentioned, and for no other purposes or manner; that is to say, to the warrant of the commissioners for the paper and printing; to the warrant of the Governor for the allowance of the commissioners for superintending the press, numbering, signing, and delivering the bills into the public treasury; to the order of the General Assembly for allowances given to their members and officers for their attendance and service; and to the warrant of the Governor for the salary or allowance of the civil list, for their services performed, or to be performed; all such allowances to be for services performed in the year seventeen hundred and eighty-three, and for no other time preceeding.

XIII. And be it further enacted by the authority aforesaid, that the several district treasurers respectively, shall have and receive from the treasurer of Halifax district, the sum of two thousand five hundred pounds out of the monies to be emitted in virtue of this Act, to be by them applied to the express purposes mentioned in this Act, and to no other use or purpose whatsoever; and the said treasurer of Halifax district is hereby required to deliver the aforesaid sum to the other district treasurers or their orders respectively; and the sum of seventy-two thousand pounds to pay into the hands of Willie Jones, Henry Montfort and Benjamin McCulloch, esquires, who shall respectively give bond, with good and sufficient security, payable to the Governor for the time being, in the sum of fifty thousand pounds, for the faithful application of the said monies to the purposes appointed by this Act to be by them paid to the Continental officers and soldiers of this State, in part discharge of the arrears due them, in such manner as shall be directed hereafter, any law, usage or custom to the contrary, notwithstanding.

XIV. And be it further enacted, by the authority aforesaid, that any officer or soldier who is, or hath been, of the continental line of this State, and have demands against the same for services, shall be intitled to have and receive from the commissioners aforesaid, out of the monies emitted by virtue of this Act, the one fourth part of the balance which on a settlement with the commissioners appointed for that purpose, shall appear to be justly due and owing to such officer or soldier respectively; and the said commissioners are hereby authorized and required to grant to each of the officers and soldiers aforesaid, one or more printed certificates under their hands, for the balance which on a full settlement shall be due in specie, which certificates so issued, shall bear an interest of six per cent. per annum, until paid, from the date thereof.

XV. And be it further enacted, by the authority aforesaid, that for the year seventeen hundred and eighty-three, a tax of three pence for each and every pounds value of taxable property in this State shall be levied, and paid in the bills as before directed by this Act to be emitted, or in gold or silver at the rates established by law, in currency or currency certificates, as rated by the Act for the sale of confiscated property, or in specie certificates at their nominal value. Provided, the late currency, currency certificates, and specie certificates, shall not be received for more than two thirds of the said tax.

XVI. And be it further enacted by the authority aforesaid, that the above tax shall be collected, paid and accounted for, as directed by an Act, intituled, An Act for ascertaining what property in this State shall be deemed taxable property, the method of assessing the same, and of collecting public taxes.

XVII. And be it further enacted, by the authority aforesaid, that each and every public treasurer be, and hereby is directed and required to retain in his hands, all such bills of credit emitted by virtue of this Act, as may be paid him for the taxes for the year seventeen hundred and eighty-three also

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all the gold or silver that may be paid him for the taxes for the year seventeen hundred and eighty-three, until otherwise directed by the General Assembly, any law, usage or custom to the contrary notwithstanding.

XVIII. And be it further enacted, by the authority aforesaid, that all the property belonging to this State which has been confiscated by and under the several laws commonly called confiscation laws, is hereby expressly reserved as a fund for the redemption of the said bills of credit emitted by virtue of this Act.

XIX. And be it further enacted by the authority aforesaid, that each of the treasurers from the several districts within this State shall attend the General Assembly whenever they shall meet, and lay before them all certificates and monies they shall have received in their respective districts, to be disposed of in such manner as the General Assembly may judge proper, and any treasurer failing or neglecting to comply with this Act, shall forfeit the sum of two hundred pounds, to be sued for and recovered in any court of record, by action of debt, by the comptroler, and applied to the use of the State.

CHAPTER II.
An Act for opening the Land Office for the redemption of specie and other certificates, and discharging the arrears due to the army.

I. Whereas, opening the land office, and granting the lands within this State would not only redeem the specie and other certificates due from the public, but greatly enhance the credit thereof;

II. Be it therefore enacted by the General Assembly of the State of North Carolinia, and it is hereby enacted by the authority of the same, that so much of an Act of the General Assembly, passed at Wake, intituled, An Act to regulate and ascertain the several officers fees therein mentioned, as prohibits the future entering of lands with any entry-taker in this State, and declares void so much of an An Act for establishing offices for receiving entries of claims for lands in the several counties within this State, for ascertaining the method of obtaining titles to the same, and for other purposes therein mentioned, shall be null and void; and the Act last above recited is hereby declared to be in full force and efficacy, except so much thereof as comes within the purview and meaning of this Act.

III. And be it further enacted by the authority aforesaid, that the western boundary be enlarged and established by a line beginning in the line which divides this State from that of Virginia, at a point due north of the mouth of Cloud's creek, running thence west to the Mississippi, thence down the Mississippi to the thirty-fifth degree of north latitude, thence due east until it strikes the Apalachian mountains, thence with the Apalachian mountains to the ridge that divides the waters of French Broad river, and the waters of Nollichuckei river, and with that ridge until it strikes the line described in the fifth section of an Act, intituled, An Act to amend an Act for establishing offices for receiving entries of claims for lands in the several counties within this State, for ascertaining the method of obtaining titles to the same, and for other purposes, and with that line, and those several water courses, to the beginning.

IV. And be it further enacted, by the authority aforesaid, that all entries of land heretofore made, or grants already obtained, or which may be hereafter obtained in consequence of the aforesaid entries for land, to the westward of the line last above described in this Act, be, and the same are hereby

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declared to be null and void to all intents and purposes, as if such entries and grants had never been made or obtained.

V. And be it further enacted, by the authority aforesaid, that the Cherokee Indians shall have and enjoy all that tract of land bounded as follows, to wit: Beginning on the Tenasee where the southern boundary of this State intersects the same, nearest to the Chickamawga towns, thence up the middle of the Tenasee and Holston to the middle of French Broad, thence up the middle of French Broad river (which lines are not to include any island or islands in the said river) to the mouth of Big Pidgeon river, thence up the same to the head thereof, thence along the dividing ridge between the waters of Pidgeon river and Tuckasejah river, to the Southern boundary of this State; and that the lands contained within the aforesaid bounds shall be, and are hereby reserved unto the said Cherokee Indians and their nation for ever, anything herein to the contrary, notwithstanding.

VI. And be it further enacted by the authority aforesaid, that no person shall enter and survey any lands within the bounds set apart for the said Cherokee Indians, under the penalty of fifty pounds specie for every such entry so made, to be recovered in any court of law in this State, by and to the use of any person who will sue for the same; and all such entries, and grants thereupon, if any should be made, shall be utterly void.

VII. And be it further enacted, by the authority aforesaid, that no person, for any consideration whatever, shall purchase or buy, or take any gift or lease of any tract of land within the said bounds, of any Indian or Indians, but all such bargains, sales, gifts, and leases shall be, and are hereby declared to be null and void; and the person so purchasing, buying, leasing, or taking any gift of any land, of any Indian or Indians, as aforesaid, shall moreover forfeit the sum of one hundred pounds specie for every hundred acres so purchased, bought, leased or taken as aforesaid, one half to the use of the State and the other half to him that will sue for the same, to be recovered in the manner as aforesaid.

VIII. And whereas the said Indians may receive injuries from people hunting, ranging or driving stocks of horses, cattle or hogs, on the lands hereby allotted to them; for remedy whereof, Be it enacted by the authority aforesaid, That it shall not be lawful for any person or persons whatsoever to hunt or range on the said lands, or to drive stocks of cattle, horses, or hogs thereon, on pain of forfeiting the sum of fifty pounds specie for every such offence, together with such stock or stocks of horses, cattle or hogs, so driven; to be recovered by any person who shall sue for the same, in the manner aforesaid.

IX. And be it further enacted, by the authority aforesaid, that it shall and may be lawful for any person who now is, or hereafter shall become a citizen of this State, according to the constitution thereof, to enter with the entry taker to be appointed by joint ballot of both houses of this General Assembly to receive entries for claims of land, (all lands in this Act reserved for the Indians excepted) a claim for any lands, provided such claim does not exceed five thousand acres.

X. And be it further enacted, by the authority aforesaid, that every person claiming, before he shall be intitled to enter a claim for any of the said lands, shall pay into the hands of the entry-taker at the rate of ten pounds in specie, or in specie certificates at their nominal value, or certificates for currency as rated by law, and all other certificates at the value ascertained by the scale of depreciation, for every hundred acres so entered, together with the fees which by this Act shall be established.

XI. And be it further enacted by the authority aforesaid, that the claimant

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of any land shall produce to the entry-taker a writing signed by such claimant, setting forth where the land shall be situated, the nearest water courses, mountains and remarkable places and such water courses and remarkable places as may be therein, the natural boundaries and lines of any other person or persons, if any, which divide it from other lands; and every such writing shall be on one quarter of a sheet of paper at least, and shall be endorsed by the entry-taker with the name of the claimant, and number of acres claimed, and date of the entry, and a copy thereof shall be entered in a well bound book, ruled with a large margin, and into spaces of equal distances, every space to contain one entry only, and every entry to be made in the order of time in which it shall be received, and numbered in the margin; and if no person shall appear within three months after such entry to make claim for the said lands, the entry-taker shall deliver to the party a copy of the entry with its proper number, and a warrant to the surveyor to survey the same, which warrant shall be written or printed on a half sheet of paper at least; but if any person shall appear and set up a claim to any lands so entered, the entry taker shall note the same in the margin of the book of entries opposite such claim, and transmit the whole to the court, to be proceeded on as by the said Act directed.

XII. Provided nevertheless, that it shall not be lawful for any person to make entry of, or settle on any lands within the bounds reserved for the officers and soldiers of the continental line of this State. Provided also, and it is hereby expressly declared, that it shall not be lawful for any person or persons to claim, enter or survey the great island in Holston river; and if any such entry be made; (the same having been made in open violation of treaty) is hereby declared void. And be it enacted, That the said island shall be, and hereby is reserved and appropriated to the sole purpose of holding the beloved talks and treaties on, with the said Cherokee Indians, and shall not be granted, sold or disposed of, to any person or persons whatever.

XIII. And be it further enacted by the authority aforesaid, that every entry-taker that now is, or hereafter may be appointed, shall previous to his entering on the execution of his office, enter into bond with approved security, in the sum of ten thousand pounds specie, to the Governor for the time being, for the faithful discharge of his respective duty, which bond upon a breach of the condition thereof, shall be assigned by the Governor to the party or parties injured, who shall or may maintain an action or actions thereupon in his or their own names, and shall not become void upon the first recovery, or if judgment be for the defendant, but may be kept in suit from time to time until the whole penalty be recovered; and every entry-taker shall also give bond in the sum of fifty thousand pounds specie, payable to the Governor for the time being, and his successors in office, well and truly to account and pay to the public treasury all such monies or certificates as he is, or shall be required by law to account for and pay in virtue of his office; and where the entry-taker shall fail to account for and pay the monies and certificates by him received into the public treasury, as required by law, the treasury shall proceed against him as by the said Act directed.

XIV. And whereas establishing the office for receiving entries of claims for the western lands convenient to citizens in general, will greatly tend to the disposal of the said lands; be it therefore enacted by the authority aforesaid, that the office of receiving entries of claims for lands, westward of the line herein before established, shall be held at Hillsborough.

XV. And be it further enacted by the authority aforesaid, that the secretary shall make out grants for all surveys returned to his office, which

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grants shall be authenticated by the Governor, countersigned by the secretary, and recorded in his office, ready to be delivered to the parties to whom the same shall be made, on the first day of April and October in every year; and every person obtaining a grant for lands, shall within twelve months after such grant shall be perfect as aforesaid, cause the same to be registered in the register office of the county where the lands shall be.

XVI. And be it further enacted by the authority aforesaid, that the several entry-takers, surveyors, registers, and the secretary, shall be entitled to have and receive the fees hereafter particularly specified, and no more; that is to say, to the entry-taker for all services, four shillings; to the surveyor for making the survey and all other services, for every three hundred acres or under, sixteen shillings, and for every one hundred acres more, four shillings.

XVII. And be it further enacted, by the authority aforesaid, that the entry-takers shall receive the secretary's fees on the several entries made in their respective offices at the time of making the same, and shall on the first day of April, and the first day of October annually, account with, and pay to the secretary, all such monies by them so received, after deducting a commission of five per cent. for their trouble in collecting and paying the same.

XVIII. And in order to ascertain such grants as may issue in future, be it enacted by the authority aforesaid, that with each return hereafter to be made, the surveyor shall return two fair lists, setting forth the name of the grantee, and number of acres surveyed, with the date of such return; one of which lists shall be signed by the surveyor and left with the secretary, and the other signed by secretary and returned to such surveyor.

XIX. And whereas many disputes have, and may arise from the surveyor giving preference to warrants of a younger date, and not certifying in the return of survey, the date of the entry, and number of the warrant under which the same is surveyed, by means whereof grants have in many instances issued on such returns contrary to the true intent and meaning of the said Act; for prevention whereof in future, be it enacted by the authority aforesaid, that every entry-taker within this State shall make out and deliver to the surveyor, on or before the first day of April, and the first day of October annually, the warrants for the several entries (which are not disputed) made in his office, endorsed in the manner aforesaid; which surveyor shall proceed in his surveys, according to the number and date of the respective entries, and shall within twelve months after the receipt thereof, lay off and survey the same agreeable to the directions of the said Act; and shall make two fair plotts thereof, on not less than a quarter of a sheet of paper, certifying in such plotts the date of the entry, and number of the warrant under which the same shall be made, and shall set down in words at length, the beginning, courses, distances, marks and water courses, together with the lines of such lands, as may join the same, and the quantity of acres; which return shall be signed by such surveyor or his deputy, and transmitted with the warrant to the secretary's office within eighteen months after receiving the same, under the penalty of fifty pounds specie for every default, to be recovered by the action of the party injured, before any jurisdiction having cognizance thereof, and applied to his own use.

XX. Provided always, that where any entry shall be caveated, it shall

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not be lawful for such surveyor to survey any entry for the same land, (of a younger date than the one caveated) joining or intersecting such entry, until a final determination be had on such caveat; and every entry-taker shall copy and transmit to the surveyor every caveat entered in his office, with the time of entering such caveat, and the number thereof.

XXI. And whereas grants may be secretly obtained on entries heretofore made by artful and designing men, for land to which they had no just title to the great injury of many of the inhabitants of this State; for prevention whereof, be it enacted by the authority aforesaid, That upon complaint being made on oath, and sufficient reason shewn to the Governor or commander in chief, he may suspend the execution of such grants, and direct the secretary to certify the same to the court of the county wherein the land may lie, and the court shall, upon receiving such certificate from the secretary, order a trial by jury, in the same manner as they might do if a caveat had been made in the office of the entry-taker, and the proceedings to be conducted in the same manner as is directed by the before recited Act.

XXII. And be it further enacted by the authority aforesaid, that so much of the aforesaid Act of the General Assembly “for establishing offices for receiving entries of claims for lands in the several counties within this State, for ascertaining the method of obtaining titles to the same, and for other purposes therein mentioned,” and the several amendments thereof, as comes within the meaning of this Act, shall be, and are hereby repealed and made void.

XXIII. And be it further enacted by the authority aforesaid, that all the lands lying between the Iron mountain and the present Indian boundary, as far as a point opposite to the line already extended betwixt Burke and Rutherford counties, shall be entered in the county of Burke; and all the lands south of the last mentioned line to the south line of this State and the Indian boundary, from the aforesaid point, shall be entered in the county of Rutherford.

XXIV. And be it further enacted by the authority aforesaid, that this Act shall be in force, and take effect in the respective counties in this State, on the first day of August next, excepting for the lands appropriated by sundry Acts of this Assembly, lying to the westward of the present Indian boundary line, which said lands shall not be liable to be entered until the twentieth day of October next.

CHAPTER III.
An Act to amend an Act, intituled, An Act for the relief of the Officers and Soldiers of the Continental Line, and for other purposes.

Whereas, by the above mentioned law, certain quantities of land are allowed to sundry persons, officers and soldiers, and to the heirs of sundry officers and soldiers who have fallen in the course of the war, for obtaining titles to which no mode is pointed out;

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 each and every person and persons intitled to land by virtue of the aforesaid law, shall on application being made to the secretary of the State, obtain and receive from him a warrant of survey for such quantities of land, within the limits of the land reserved by the aforesaid law for the said officers and soldiers, as he, she, or they, by the aforesaid

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law shall be entitled to, which shall be directed to Colonel Martin Armstrong, who is hereby appointed surveyor for this purpose, and is authorised and required, by himself or deputy, to execute and return the same into the secretary's office within the same time, and in the same manner as is required in other cases; and for which services he shall be intitled to the same fees, and be subject to the same pains and penalties for neglect or breach of duty; and shall also, previous to his entering upon the exercise of that office, take the same oath in presence of the Governor, as is by law appointed to be taken by other surveyors, and shall also administer to every chain-carrier who shall be employed with him in running out any of the said tracts, the same oath as is usually administered to chain carriers in other cases.

III. And least disputes should or may arise between two or more persons by each wishing or claiming to have his warrant or warrants located on the same piece of land; be it enacted by the authority aforesaid, That in such case the parties contending or claiming the same, shall cast lots for the choice, and the person in whose favour the lot falls, shall have the preference to such tract or parcel of land so claimed.

IV. And be it further enacted by the authority aforesaid, that no warrant shall be issued by the secretary in virtue of this Act, before the first day of October next; and the officers and soldiers aforesaid shall be allowed the term of three years from the first day of October next, to secure the lands hereby reserved for them.

V. And be it further enacted by the authority aforesaid, that where a warrant shall be hereafter located, without any person making objections to such location, that such location shall be good and valid, notwithstanding the claim that may be afterwards set up by any other person.

VI. And be it further enacted by the authority aforesaid, that the secretary shall make out grants for all surveys returned to his office, which grants shall be authenticated by the Governor, countersigned by the secretary, and recorded in his office ready to be delivered to the parties to whom the same shall be made.

VII. And for prevention of disputes, be it enacted by the authority aforesaid, that the officers and soldiers aforesaid shall enter and survey the lands within the following lines, that is to say; beginning in the Virginia line where Cumberland river intersects the same, thence south fifty miles, thence west to the Tenasee river, thence down the Tenasee to the Virginia line, thence with the said Virginia line east to the beginning.

VIII. And be it further enacted by the authority aforesaid, That no person or persons but the officers and soldiers of the continental line (except those who are now settled on Cumberland river and have a right of pre-emption, whose claims are hereby reserved to them) shall enter any lands within the said bounds within three years after the passing of this Act; and all entries hereafter made within that time, by any except officers or soldiers intitled by law, are hereby declared void.

IX. Provided nevertheless, that Anthony Bledsoe, Absalom Tatom, and Isaac Shelby, late commissioners to lay off the lands for the continental officers and soldiers, and the surveyors guards, and others who accompanied the said commissioners on that duty, shall each obtain titles to such quantity of land within the bounds aforesaid, as they or each of them are intitled to by the Act under which they were appointed, by entering the said lands with the entry-taker of Davidson county, who is

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required to receive their claims without any purchase money, and to grant them warrants for the same.

X. And be it further enacted by the authority aforesaid, that the surveyor by this Act appointed shall have the same fees, as by law are appointed for public surveyors, and shall be, and hereby is allowed and permitted to lay off for himself, within the bounds of the aforesaid tract of land, equal to the amount of his fees rating the said lands, at ten pounds the hundred acres, anything in this Act notwithstanding.

XI. And be it further enacted by the authority aforesaid, that the scale of depreciation established by an Act, intituled, An Act for establishing a scale of depreciation, with a provision for suits commenced for paper currency, and for suspending the operation of the laws therein mentioned, shall be the scale by which the continental officers and soldiers of this State shall account for all such sums of money as they have received in part of their pay and subsistence, and by which they shall account for such balances as may be due from them on the sums by them received for the purpose of recruiting.

XII. And be it further enacted by the authority aforesaid, that all officers who have served with reputation two years and upwards, and either resigned, or were left out of the line on the reduction of their respective corps, and their heirs shall be intitled to grants of land proportionate (having respect to their time of service) to those grants that officers who have served during the war are intitled to by law, computing their time of service at seven years; and also all soldiers who have served two years or upwards, shall be intitled to grants of lands proportionate (having respect to their time of service) to those grants of land that soldiers who have served two years and an half are intitled to by law.

XIII. And be it further enacted by the authority aforesaid, That his excellency Alexander Martin, esquire, and David Wilson, esquire, be intitled, agreeable to report of the committee, to two thousand acres of land each, adjacent to lands allotted for the officers and soldiers, for which they shall have and receive titles in the same manner as is directed by this Act, for the officers and soldiers to obtain titles to their lands, any law, or custom to the contrary, notwithstanding.

XIV. And whereas it will be more convenient for the officers and soldiers to attend at Halifax than at Newbern to have their accounts liquidated and settled; be it enacted by authority aforesaid, that Willie Jones, Benjamin McCulloch, and Henry Montfort, esquires, be, and are hereby appointed commissioners in the room and stead of James Coor, John Hawks, and William Blount; and in case of the death of the said Willie Jones, Benjamin McCulloch, or Henry Montfort, or refusal to act, the Governor is hereby impowered to appoint one or more persons in his or their place, as the case may be, to liquidate and settle the officers and soldiers accounts to the first day of January, one thousand seven hundred and eighty-two, who are hereby impowered to allow interest on all accounts by them settled, agreeable to a resolution of this General Assembly of the fifteenth of May.

XV. And whereas it is absolutely necessary that some mode be adopted for the speedy recovery of monies due from any delinquent, superintendant commissioner, or county commissioner of confiscated property, sheriffs, treasurers, and tax-gatherers; Be it enacted by the authority aforesaid, that if any superintendant commissioner, or county commissioner of confiscated property, sheriff, treasurer or tax-gatherer, who have been, or shall be appointed by virtue of any Act of Assembly, shall fail or neglect to account for all monies which they respectively have been, now are, or

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hereafter shall be impowered and authorized to receive, it shall and may be lawful for any court of record in this State, on motion of the attorney general, or any other attorney, to grant judgment against such superintendant commissioner, or county commissioner of confiscated property, sheriff, treasurer or tax-gatherer, for all sums which he may have in his hands unaccounted for, with interest thereon from the day of receipt till the same is paid, and to award execution against the body, goods and chattels, lands and tenements, of such delinquent, or his securities; provided such delinquent have ten days previous notice of such motion; any law to the contrary, notwithstanding.

CHAPTER IV.
An Act for the establishing a Scale of Depreciation, with a provision for Suits commenced for Paper Currency, and for Suspending the operation of the Laws therein mentioned.

I. Whereas much difficulty hath arisen in the adjusting and settling debts and demands, as well within the courts of this State as out thereof, from the rapid depreciation of paper currency emitted in circulation; and that a fixed and permanent scale may be established for the ascertaining the value of the same in future,

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 from and after the passing of this Act, the following scale shall be, and is hereby declared to be the only scale to determine the value of the depreciation of the paper currency of this State, in all cases, whatsoever, estimating the same in specie; deeming one Spanish milled dollar, weighing seventeen penny-weight six grains, to be of the value of eight shillings specie; which scale shall be as follows, that is to say:

Years and Months. 1777. 1778. 1779. 1780. 1781. 1782.
January 0 6 32 210 800
February 0 35 225 800
March 40 250 800
April 4 10 50 260 800
May 4 10 60 300 800
June 4 12¼ 75 350 800
July 2 4 15 90 400 800
August 2⅛ 18 100 500 800
September 21 125 550 800
October 25 150 600 800
November 5 27 175 675 800
December 3 30 200 725 800

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III. And be it further enacted by the authority aforesaid, that the following scale of the value of gold and silver foreign coin, shall be the only value thereof, in the transactions of gold and silver hereafter; that is to say,

A TABLE OF COINS.
GOLD COINS. dw. gr. L. N. Cur.
A guinea 5 6 1 17 4
Half a guinea 2 15 18 8
A French guinea 5 5 1 16 0
Moidore 6 18 2 8 0
Four pistole piece 17 0 6 0 0
A pistole 4 4 1 10 0
Double Johannes 18 0 6 8 0
Single ditto 9 0 3 4 0
Half ditto 4 12 1 12 0
Quarter Johannes 2 6 0 16 0
SILVER COINS. dw. gr. L. N. Cur.
French crown 0 0 0 9 0
English crown 0 0 0 9 0
Half crown 0 0 0 4 6
Quarter ditto 0 0 0 2 3
A dollar 17 6 0 8 0
Half dollar 0 0 0 4 0
Quarter dollar 0 0 0 2 0
A pistareen 0 0 0 1 8
English Shilling 0 0 0 1 8

And the said scale shall hereafter be read in evidence in all the courts of this State, to liquidate all debts and demands, and in entering up judgments thereon.

IV. Provided always, and it is the true intent and meaning of this Act, that on trials of actions for debt, where the debt is in the present time, and the payment in the future time, the contracts and all matters, circumstances and things relating thereto, shall be given in evidence to the jury, whose verdict shall regulate the same, so that judgment may be entered up thereon.

V. And whereas many suits are hanging up in the Superior and inferior

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courts from the damage in writs being laid in the said paper currency, whereon if the plaintiff had proceeded to judgment, such judgments would in no manner have been intrinsic and adequate to the debt or damage sustained or demanded; Be it enacted by the authority aforesaid, that the judges and justices of the said courts are hereby authorized and impowered to direct the jurors in all such cases, to find their verdict in specie, although the writ shall be laid in the said paper currency, and to enter up judgment in specie; which variation between the writ and judgment shall not be assigned an error thereon, in impediment of justice and the operation of this law.

VI. And be it further enacted by the authority aforesaid, that all justices of the peace, on trial of warrants brought before them, or any of them, shall give judgment and award execution according to the foregoing scale of depreciation, and agreeable to the true intent and meaning of this Act.

VII. And be it further enacted by the authority aforesaid, that on all pleas of tender, with an always ready, alledged to be made after the last day of March, one thousand seven hundred and seventy-seven, the party pleading such plea shall file an affidavit therewith, that the sum so tendered was equal at the time of such tender to the debt or damage demanded, according to the then depreciation; and for the want of such affidavit the plaintiff shall be admitted to proceed on his writ in the usual course of practice, unless the defendant waives his said plea, and pleads to issue.

VIII. Provided nevertheless, that no creditor who hath before the said last day of March, in the year seventeen hundred and seventy-seven, refused to receive, or artfully evaded receiving his debt in currency, shall be intitled to have depreciation made good to him.

IX. And whereas great injustice and injury may arise to many persons who may have claims to property, or demands on debtors, by reason of the courts of justice being often stopped, the depreciation of the paper currency, and the intrusion of a destructive war, creditors have been prevented from prosecuting for the same to any effect; that justice and equity may therein be done, Be it enacted by the authority aforesaid, that the statute of limitations, intituled, An Act concerning old titles to lands, and for limitations of actions, and for avoiding suits in law, be and is hereby suspended from its usual operation, so far forth as it acts, or might act, as an estople or impediment against the recovery of lands, tenements and hereditaments, or any of them, or the recovery of property by actions of detinue, trover and conversion, or demands against debtors, or suits in equity coming within the provisions and remedies of this Act, from the fourth day of July, seventeen hundred and seventy-six, to the first day of June, seventeen hundred and eighty-four, that all persons may implead or be impleaded in that time, unless the said law had had the full operation thereof before the said fourth day of July, in the year aforesaid.

X. And be it further enacted by the authority aforesaid, that until the said first day of June, seventeen hundred and eighty-four, any plaintiff shall and may recover under the Act commonly called the Book-debt Act, a verdict and judgment for such articles as he or she shall prove by his or her own oath, although the cause of action may not have arisen within two years before the time when the suit was, or shall be commenced; anything in the same Act to the contrary, notwithstanding.

XI. And be it further enacted by the authority aforesaid, that all and every Act of this State making the paper currency thereof, heretofore

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emitted, or the continental paper currency, a tender in the payment of debts, so far forth as they relate to the payment of debts, are hereby repealed and made void.

XII. And whereas many great and difficult disputes may happen in matters of administration, testamentary, and trusts between executors, administrators and guardians, and their wards and minors, in the settlement of accounts and trusts, arising from the said depreciation, and incidents growing out of the times, which are only determinable in a court of equity; and that law suits and expensive litigation thereon may be obviated, Be it enacted by the authority aforesaid, that in all such cases as above described, the parties are hereby impowered to form a full and perfect state of the case on both sides, at their joint expence, which case shall be submitted to the determination of the judges of the court of equity, who are hereby authorized to take such case under their consideration, and to determine the same according to equity and good conscience.

XIII. Provided always, and it is the intent hereof, that no part of this law shall be construed to estop, or hinder any person or persons from proceeding in the usual course of law, if he, she, or they shall deem the same necessary.—And provided also, That in all cases where a debt is due, upon bond, note or otherwise, with a penal sum, and a part thereof paid in paper currency, then and in that case, this Act shall not enable or suffer the creditor to take any sum out of the penalty, or be construed to affect the residue of said debt; anything to the contrary notwithstanding.

XIV. Provided nevertheless, That nothing in this Act shall be construed to enable any person or persons, by themselves or their agents or attornies, heirs or assigns, to bring suit for any lands, tenements or hereditaments; on any action of detinue, trover and conversion, on any bond, note, or other contract or agreement, or to have any judgment upon any such suit or action, if it shall appear to the court that the plaintiff in such suit or action, comes within the description of any of the laws commonly called the confiscation laws, or being assignee of any person coming within the aforesaid description, or have withdrawn themselves from the common defence of the country during the war; and that all suits commenced in any of the courts of law or equity in this State, formed upon any such suits for any lands and tenements, or hereditaments, or any action of detinue, trover and conversion, or on any bond, note, or other contract, agreement or account, by any person included within the description of the aforesaid laws commonly called the confiscation laws, shall be declared null and void, and no judgment shall be obtained thereon.

CHAPTER V.
An Act to indemnify such persons as have acted in defence of the State, and for the preservation of Peace during the late War, from vexatious suits and prosecution.

I. Whereas, during the late war with Great Britain, which began on or about the twentieth day of April, in the year of our Lord, one thousand seven hundred and seventy-five, divers officers of the army, officers of the militia, justices of the peace, and other officers and persons well affected to the freedom and independence of the people, in order to inforce and protect our present happy establishment and the peace of the State, and to suppress and put an end to the war, apprehended and put into custody and imprisoned, or caused to be apprehended, put into custody or imprisoned, several criminals,

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traitors and others, whom they suspected had, or might adhere to the enemies, were in open rebellion, or might disturb the peace of the said State, or excite and promote evil designs against the same, and also seized and used horses, arms, and other articles, and also impressed divers waggons, carriages, horses, arms, provisions and other things essentially necessary for supplying troops in the service of the United State, or of this State, with arms, provisions or forage, or for recovering any military stores, forage or baggage, either for repelling the enemy, or their adherents, and carrying on the war, and for the purposes aforesaid, entered into the houses and possessions of divers persons, and committed sundry acts, which though not strictly agreeable to law, yet were requisite, and so much for the service of the public, that they ought to be justified by Act of Assembly, and the persons by whom they were transacted indemnified;

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 personal actions, and suits, indictments, informations, and all molestations, prosecutions and proceedings whatsoever, and all judgments thereupon, if any be, for or by reason of any matter or thing advised, commanded or appointed to be done or executed in consequence of and during the late war with Great Britain, and until the first day of May, in the year of our Lord, one thousand seven hundred and eighty-three, in order to repell the enemy, carry on the war, or to preserve the peace, safety and independence of the State, shall be discharged and made void; and that every person by whom any such act, matter or thing, shall have been so advised, commanded, appointed or done, for the purposes aforesaid, or any of them, before the said first day of May, shall be freed and acquitted, and indemnified as well against the State, as against all and every person or persons; And if any action or suit hath been, or shall be commenced or prosecuted against any person or persons for any such act, matter or things, so advised, commanded, appointed or done, for the purposes aforesaid, or any of them, before the said first day of May, he, she, or they, may plead the general, issue, and give this Act, and the special matters in evidence, and if the plaintiff or plaintiffs shall become non-suited, or forbear further prosecution, or discontinue his or their suit, or if a virdict shall pass against such plaintiff or plaintiffs, the defendant or defendants shall recover his, her, or their full costs, where he, she, or they shall have the like remedy, as where costs by law are given to the defendants in other cases. Provided, That nothing in the foregoing Act shall be construed or intended to justify any person whatever, who under pretences of public service shall have destrained and taken any thing or things from the citizens of this State, and converted the same to their own or any other person's use, but the right to sue and recover damages from all such persons, is expressly reserved to the citizens of this State for such mal-versations.

CHAPTER VI.
An Act of Pardon and Oblivion.

Whereas, it is the policy of all wise states on the termination of civil wars, to grant an act of pardon and oblivion for past offenses, and as divers of the citizens of this state, and others the inhabitants thereof, in the course of the late unhappy war, have become liable to great pains and penalties for offenses committed against the peace and government of the state, and the general assembly out of an earnest desire to observe the articles

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of peace, and on all occasions disposed to forgive offences rather than punish where the necessity for exemplary punishment has ceased.

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 and all manner of treasons, misprision of treason, felony or misdemeanor, committed or done since the fourth day of July, seventeen hundred and seventy-six, by any person or persons whatsoever, be pardoned, released, and put in total oblivion.

III. Provided always, That this act, or anything therein contained, shall not extend to pardon or discharge, or give any benefit whatsoever to persons who have taken commissions, or have been denominated officers, and acted as such under the King of Great Britain, or to such as are named in any of the laws commonly called confiscation laws, or such as have attached themselves to the British and continued without the limits of this state, and not returned within twelve months previous to the passing of this act. Provided further, That nothing herein contained shall extend to pardon Peter Mallette, David Fanning and Samuel Andrews, or any person or persons guilty of deliberate and wilful murder, robbery, rape, or house burning, or any of them, anything herein contained to the contrary notwithstanding. Provided nevertheless, That nothing in this Act shall be construed to bar any citizen of this state from their civil action for the recovery of debts and other damages. Provided also, That nothing herein contained shall intitle any person by this law to be received, to elect or be elected, to any office or trust in this state, or to hold any office civil or military.

IV. Whereas, by an act passed at Wake Court House, all officers, civil and military, who had taken parole were suspended from the execution of their respective offices, and required to appear at the next General Assembly to shew cause, if any they could, why they should not be removed from said office; and, whereas, several of the officers aforesaid have neglected to appear agreeable to the requisition of the Act of Assembly; Be it Enacted by the authority aforesaid, That all such officers, both civil and military, is hereby declared to stand suspended from the execution of their several offices, until they shall appear at some future assembly and be restored to the execution of their respective offices, or removed agreeable to their merit or demerit.

V. Provided, That nothing herein contained shall be construed to exclude a justice of the peace from executing the duties of his office, who shall make it appear to the satisfaction of the court of his county, by oath or otherwise, that he was taken prisoner without his consent and privity, and that after his capture he had not voluntarily stayed with the enemy, nor taken an active part in any manner, by furnishing them wilingly with provision, bearing arms, or accepting any appointment in their civil regulations.

CHAPTER VII.
An Act to suspend the operation of executions, for a time therein mentioned.

I. Whereas, from the great scarcity of circulating currency, many debtors have and may be distressed:

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 no suit shall be commenced, or warrant granted, for any debt, on bond, note, or account, contracted previous to the first day of May, in the year of one thousand seven hundred and eighty-three, until the expiration of twelve

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months after the passing of this act, unless the creditor shall make oath before some justice of the peace that he has good reason to believe his debtor intends to quit or to send his property out of this state, or unless he shall refuse to give bond with security for the payment of his debt, to be approved of by such justice, in which case the said suit shall be proceeded in to execution; and no execution which has been, or may be obtained, shall be carried into effect unless the debtor shall still refuse to give the security hereby required, and pay the costs of suit.

III. But, whereas, it is to be presumed that the citizens of this state have refrained by prudential consideration of circumstances they were apprised of, from contracting recently with each other extravagant or greater debts than may be discharged from their incomes, or without very great injury to their estates; Be it Enacted by the authority aforesaid, That the citizens of this state shall be permitted to sue for all debts and demands that have been contracted, or have arisen since the first day of May, in the year seventeen hundred and eighty-three.

CHAPTER VIII.
An Act to prevent vexatious suits, and to confirm the rights and titles of sundry citizens therein mentioned.

Whereas, during the late invasion of the state of Georgia, contracts were made by the Governor and Council of Georgia, with several of the citizens of this state, for horses and other valuable property to mount their dragoons, and other public purposes, the more effectually to oppose the common enemy; And whereas the said citizens of this state have received from the public officers of the said State of Georgia, by order of their Governor and Council, several negroes and other property heretofore belonging to the subjects of that state, in payment for horses and other property as aforesaid;

II. Be it therefore Enacted by authority of the General Assembly of the State of North Carolina, That if any citizen of this state shall be sued for any negroes, or other property as aforesaid, obtained from the Governor and Council of the State of Georgia, for horses or other property sold as aforesaid, such citizens shall be allowed to give in evidence such contract, and if the same shall be proved to the satisfaction of the court and jury trying the cause, a verdict and judgment shall be given for the defendant; any law, custom or usage to the contrary notwithstanding.

CHAPTER IX.
An Act to Inhibit and put an end to the entering up judgments on bonds commonly called judgment bonds.

I. Whereas, it hath been heretofore usual for persons to enter up judgments on old and dormant bonds and other writings, with powers to confess judgment thereon, by any practising attorney in any court of law, without previous notice to the debtor or debtors to make his defence, and enable such debtor or debtors to produce his or their releases, receipts and other acquitances, by means whereof much fraud hath been committed, and the good citizens burthened with heavy judgments and costs, without any relief but by expensive course in equity; for prevention of such abuses in the future,

II. Be it therefore Enacted by the General Assembly of the State of

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North Carolina, and it is hereby Enacted by the authority of the same, That from and after the passing of this act, all judgment bonds, notes and other writings, with power to any person whatsoever to confess judgment thereon, shall be and are hereby declared utterly void as to such power, but the same proceedings shall be had thereon, as on common bonds and penal notes.

CHAPTER X.
An Act to amend the Assessment Law, passed last Assembly at Hillsborough.

I. Whereas, in a time of war it was necessary that all persons refusing from a conscientious motive to bear arms, should be taxed heavier than those who actually performed military service, in consequence whereof the Moravians, Quakers, Menonists and Dunkards, were taxed in a three-fold proportion; And, whereas, by divine providence peace and harmony are once more restored in the state, by which means the cause for such unequal taxation is removed; and as it is contrary to the spirit of our constitution that any citizen should pay an extraordinary tax on account of religion,

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 so much of the assessment law, passed at Hillsborough in the year one thousand seven hundred and eighty-two as relates to the extraordinary taxation of the Moravians, Quakers, Menonists and Dunkards, be and is hereby repealed and made void.

III. And, whereas, many of the citizens of this state have hitherto refused and neglected to take the oath of affirmation of allegiance by law prescribed, and therefore have not any right or title to indulgence; Be it therefore Enacted by the authority aforesaid, That all persons citizens of this state, who have not taken the oath of affirmation of allegiance by law prescribed, shall take the same within six months after passing this act, and all persons refusing or neglecting to take an oath or affirmation of allegiance as aforesaid, shall pay double the tax.

IV. And be it further Enacted by the authority aforesaid, That no person shall be subject to a greater taxation, in proportion to his taxable property, by reason of his being exempt by age or infirmity from military service, than other the citizens of this state. Provided, That no person who has come to the age of sixteen years since the time last prescribed by law for taking the oath of allegiance, shall be deemed to be within the meaning of this clause, they having proofs of their fidelity.

V. Provided also, That nothing in this act shall be construed so as to permit any person who has been in arms against this, or the United States, or joined the enemy thereof, to avail themselves by taking the oath so as to become citizens of this state.

VI. And, whereas, in several of the counties in this state the collectors have refused or neglected to give bond for the collection of public taxes agreeable to law; Be it therefore Enacted by the authority aforesaid, That in all such counties the sheriff shall, and he is hereby required to collect all such public taxes as may be now due and owing from the inhabitants of his county, and pay the same into the public treasury of his district on or before the first day of October next, after deducting his commissions, which are hereby declared to be at the rate of five pounds for every hundred pounds he may so collect and pay as aforesaid.

VII. And be it further Enacted by the authority aforesaid, That so much of the before mentioned act as directs the particular form of returns to be

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made by the assessors of taxable property, be and the same is hereby repealed.

VIII. And, whereas, the tax-gatherers in this state are liable by law to forfeit their commissions, and to pay the whole amount of the taxes by them to be collected on the first day of February in each year, and previous to that day they have no power to levy the taxes by distress, and sale of goods and chattels of delinquents; Be it therefore Enacted by the authority aforesaid, That the tax-gatherers may, and they are hereby impowered to levy the taxes by distress, and sale of goods and chattels of all persons who being lawfully taxed, shall neglect or refuse to pay the same on or before the first day of January in each year; and so much of the aforesaid assessment law as comes within the purview of this act, is hereby repealed and made void.

CHAPTER XI.
An Act to enforce the attendance of jurors in this State, to provide for their subsistence in attending, also to ascertain the pay of witnesses attending Courts, and other purposes.

I. Whereas the above premises have not hitherto been sufficiently provided for;

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 every juror who shall be hereafter appointed by any of the county courts within this State to attend at any of the Superior courts, and shall fail to appear according to the summons, and give his attendance, shall forfeit and pay ten pounds specie; and every person appointed by and duly summoned to attend any county court, who shall fail or neglect to attend to such court as juror, shall forfeit and pay the sum of five pounds specie; which forfeitures shall be assessed by the court to which such person shall be returned a juror, and recovered and applied as fines are directed in an Act of Assembly, intituled, An Act to provide indifferent jurymen, &c., and appropriated to the same purposes as in the said Act is directed. Provided, That each delinquent juryman shall have till the next succeeding term to make his excuse to the judges or justices of the said court, as the case may be, for his non-attendance.

III. And be it further enacted by the authority aforesaid, That every juryman who shall attend agreeable to such summons at any of the superior courts, shall be allowed for every days attendance the sum of eight shillings specie, and the like sum for every thirty miles he shall travel in going to and returning from the said court, and such sums as shall be necessarily expended by him in crosing ferries; and every juror shall receive at the end of the term from the clerk of the court, a certificate for the sum he may be intitled to receive, in which ticket the number of days such juror hath attended shall be expressed, and also the number of miles he may have travelled, together with the charges of ferriage, where any may have been expended by him, which ticket shall be paid out of the county tax of the county wherein such juror resides.

IV. And be it further enacted by the authority aforesaid, That each person who shall attend any of the said superior or county courts as a witness, shall be allowed for each and every day's attendance, and for every thirty miles he shall travel going to and returning from the said court, the sum of eight shillings specie, and for every days attendance on the county court

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the sum of four shillings specie, to be paid by the party cast, and inserted by the clerk in the taxation of costs. Provided, That the party cast shall not be obliged to pay for more than two witnesses to prove any single fact, and the attendance of witnesses as to the number of days shall be ascertained by the oath of the witness, to be made at the court at which the cause is determined, or within five days after before the clerk of the court.

V. And be it further Enacted by the authority aforesaid, That when any person shall be summoned by the lawful officer to attend any of the aforesaid courts as a talisman, and who shall fail to appear and give his attendance during the day for which he is summoned, shall be amersed at the discretion of the court, not exceeding twenty shillings specie, and the court shall order the clerk forthwith to issue an execution against the body or goods of the delinquent for such amersment and costs.

CHAPTER XII.
An Act to impower the Justices of the County Courts to appoint a County Attorney and Solicitor, to Prosecute for the State in the County Courts, and for the purpose of appointing a Salary and the fees of the Attorney and Solicitor, and other purposes.

I. Whereas it is deemed necessary that an attorney and solicitor should be appointed to officiate in behalf of the State in each of the county courts, in all matters civil and criminal, arising within the county, and to establish for such officer in each county a salary, and for adjusting the fees of said officer;

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 justices of each of the county courts of this State shall and are hereby authorised and impowered to elect, nominate and appoint, a gentleman of known skill and abilities in the law, and of approved integrity, to act as county attorney and solicitor for the State, in all matters civil and criminal arising or to be done in the county, who upon his nomination shall take the same oaths of qualification as are taken by the State's attorney in the superior courts, who thereupon shall enter upon his appointment, and hold his said appointment during his good behaviour, and shall be intitled to the same fees as the attorney general is intitled to in the superior courts in like cases.

III. And be it further enacted by the authority aforesaid, That the said county attorney and solicitor shall be allowed as a salary a sum not exceeding ten pounds specie for each and every court he shall give his personal attendance at for the purposes aforesaid, to be paid by the justices of the county in which he shall be so nominated, out of the county tax.

IV. And be it further enacted by the authority aforesaid, That the nomination and appointment aforesaid shall in no manner hinder any gentleman so appointed, from his being elected a member of the General Assembly and from taking a seat in either of the houses thereof.

V. And whereas it is necessary that the number of persons heretofore appointed as justices of the peace for the respective counties in this State be ascertained, to the end that a proper record thereof be made; Be it enacted by the authority aforesaid, That the clerks of the county courts within this State be, and they are hereby required and enjoined to make return to the next General Assembly, of all persons commissioned as justices of the peace for their counties respectively, having due regard to the dates of

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such commissions, and the order in which the names of such justices are inserted thereon, distinguishing in such return those who now act, those who are dead, refuse to qualify, have left the county, or labour under any legal disability, on pain of forfeiting for neglect or refusal, the sum of ten pounds, to be sued for in the name of the Governor for the time being, recovered by action of debt, and applied to the use of the State.

CHAPTER XIII.
An Act for appointing Commissioners to take into their possession sundry Articles of Public Property, and to secure the same from embezzlement and further waste.

I. Whereas there is in many parts of this State a number of cattle, horses, waggons, fire arms, cloathing, and sundry other articles of public property in the hands of individuals, or running at large, which are no longer necessary for public use;

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 sheriffs for the time being of the respective counties in this State, shall be, and they are hereby appointed commissioners, each in his proper county, to collect and get into their possession all the cattle, horses, arms, ammunition, waggons, carts, and all and every other article of public property, which may be running at large or in the hands or possession of any other person whatsoever in his said county, other than such property which may be in the hands of the commissioners of confiscated property; and for that purpose the aforesaid commissioners respectively shall have power to appoint one or more assistants, as they shall find necessary, and shall allow them reasonable wages for such service as they may perform in the business; and the aforesaid commissioners shall respectively in their counties, have full power to call upon, and demand from all persons in whose custody or possession any of the afore-described articles may be to deliver the same, and on refusal or neglect the said commissioners are hereby authorized and required to commence suit in the name of the State, in any of the courts of law in this State having cognizance thereof, against such persons as may hold and refuse to deliver, or whom he may suspect or know to have embezzled any of the property aforesaid.

III. And be it further enacted by the authority aforesaid, That the said commissioners shall sell, or cause to be sold, all and every such article as may come to his possession or knowledge, at public auction at the court house of the county where such property may lie, after giving notice thereof by advertisement at least twenty days before the day of sale, and at five different places within their respective counties where it may be most notorious, and shall receive in payment therefor specie certificates, and currency certificates, agreeable to the established scale of depreciation; and the aforesaid commissioners shall within one month after such sales, pay all such monies and certificates which they may or ought to receive, into the public treasury, after deducting therefrom his own commissions and the necessary charges and expences expended by him in the prosecution of the business, and shall also render to the district auditors a true and fair account upon oath of all the sales he shall make in virtue of this Act, in which account all expences and expenditures shall be clearly distinguished and entered.

IV. And whereas there is in many counties in this State quantities of specific articles in the hands of the county commissioners, sheriffs and

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others, which have arisen from the tax for the year one thousand seven hundred and eighty-two; Be it therefore enacted by the authority aforesaid, That the commissioners aforesaid in their respective counties shall receive from all and every person that may have such specific commodities in their possession, all the said articles, which shall be sold at the public stores, where the same may be lodged by the said commissioners respectively, agreeable to the directions of this Act.

V. And be it further enacted by the authority aforesaid, That each and every commissioner acting under this law, shall receive for his trouble in attending the sales, keeping the accounts, and every other service necessary, two and an half per cent. upon such sales, over and above a reasonable allowance for his time and trouble in collecting and removing such property as may be necessary to be collected and removed, which allowance shall be adjudged of and made by the district auditors upon settlement of his account.

VI. And be it further enacted by the authority aforesaid, That every sheriff before he enters upon the execution of the duties aforesaid, shall give bond with sufficient security in the court of his county, or before any three justices of the county, payable to the Governor for the time being, and his successors in office, in the sum of two thousand pounds specie, for the faithful discharge of those duties, and such bond shall be given as soon as may be after the passing of this Act.

VII. And be it further Enacted by the authority aforesaid, That the sheriffs of the several counties of this State shall apply, and they are hereby required to apply to the officers commanding and holding any public arms or military stores at the district towns or magazines, for an equal portion of such arms or military stores, and shall sell the same according to the foregoing directions; and such sheriff shall return an account of such sales on oath to the next General Assembly, and shall be allowed for the same by his county court as an extra officio service; and the officers delivering such arms and stores to the several sheriffs within his district shall take their receipts for the same, and shall return a true account of the number of arms and quantity of military stores by him delivered to the several sheriffs to the next General Assembly.

VIII. And be it further enacted by the authority aforesaid, That nothing in this Act contained shall preclude the officers and soldiers belonging to the continental line of this State from drawing rations and forage due them until the same is made.

CHAPTER XIV.
An Act to amend an Act passed in the year of our Lord, one thousand seven hundred and forty-one, intituled, An Act concerning Servants and Slaves.

I. Whereas the mode directed in the said Act for the trial of slaves where the offence may be of a small and trivial nature is found to be attended with delay, great loss of time, and expence to the owner; 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 where any slave or slaves shall hereafter commit any misdemeanor or offence which is not by law declared capital, and which in the opinion of the justice or justices before whom such offending slave may be carried for examination, shall appear to be of so trivial a nature as not to deserve a greater punishment than a single justice of the peace is by this Act impowered to inflict,

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such justice shall, and he is hereby authorised and impowered forthwith to issue subpoenas if necessary, to compell the attendance of witnesses, and proceed immediately upon the trial of such slave in a summary way, and to pass sentence and award execution; provided the punishment extends no further than by ordering the offender to be publicly whipped not exceeding forty lashes: And where the offence for which any slave shall be apprehended shall appear to the justice or justices to be of such nature as to deserve any other or greater punishment, such offending slave shall be committed to gaol, and stand his or her trial by a court in the way prescribed by the afore recited Act.

III. Provided, That upon all trials of slaves before any justice of the peace, for any misdemeanor under this Act, any other of the justices of the county where such slave may be upon trial, may, if they think proper, sit upon and assist in the examination and trial.

IV. And whereas the laws now in force in this State are not sufficient to prevent the bainful practice of free persons trading or trafficing with slaves; Be it therefore enacted by the authority aforesaid, That if any free person whatsoever shall hereafter presume to buy, or receive from any negro or other slave any commodity whatsoever, without leave of the owner or overseer of such slave in writing, the person or persons so offending shall for every offence forfeit and pay the sum of forty shillings specie, over and above the value of the article purchased or received by them, to be recovered by the owner or overseer of such slave, before any jurisdiction having cognizance thereof.

V. Provided nevertheless, That on the failure or neglect of the person owning or overlooking such slave, any other person may sue for and recover such fine, and apply the same unto his own use, after giving the owner or overseer aforesaid one month's notice.

CHAPTER XV.
An Act to vest the Courts of the several Counties in this State with power to call to account, as therein mentioned, the Commissioners of Confiscated Property for their respective Counties.

I. Whereas it may be necessary that the courts of the respective counties in this State be vested with power to call to account the commissioners of confiscated property, where such have been appointed;

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 from and after the passing of this Act, the courts of each respective county within this State shall, and are hereby declared to be fully impowered, and strictly required and enjoined, to cause that the commissioners of confiscated property, sheriffs, and other officers having confiscated property in his or their possession for their counties, make return to the court on oath, at the first court which shall happen after the first day of August next, of all and every species of public property which may have come to their hands, or being in their possession as commissioners aforesaid, together with an account of the disposal of such property, setting forth to what use or uses each individual part thereof hath been appropriated, one fair copy of which shall be filed by the clerk of such court in his office, and one other fair copy shall be by such clerk transmitted to the comptroler general, under pain of forfeiting for each neglect the sum of twenty pounds specie.

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III. And be it further enacted by the authority aforesaid, That in case of the neglect or refusal of any commissioner, sheriff, coroner, or other officer, to appear and make return as aforesaid when thereto required, the court of the county in which such commissioner resides shall make report thereof to the attorney general, who shall thereupon commence an action for the forfeiture of such officers' bonds, which report shall on trial be deemed as sufficient testimony against such officers.

IV. And in order to enable the county courts to do the more ample justice to the public, and the more fully to investigate the several matters and things coming under their cognizance by virtue of this Act, Be it enacted, That they shall, and are hereby declared to have full power and authority to call before them, and examine on oath all and everyy person or persons whom they may think proper, touching the conduct of the officers aforesaid, and after such examination had, shall proceed as to them shall seem just.

V. And be it further enacted by the authority aforesaid, And it is hereby declared, that this Act shall not be construed as impowering the county courts finally to adjust and settle the accounts of such commissioners and other officers, but that the same shall be settled and adjusted by the comptroler general of this State.

CHAPTER XVI.
An Act to amend an Act passed at Newbern, the fifteenth day of November, in the year one thousand seven hundred and seventy seven, for making provision for the poor, and other purposes.

I. Whereas it appears to this Assembly that the before recited Act does not answer the good purposes that were thereby intended, whereby many of the poor people of this State who are proper objects of charity are suffering for want of necessary supplies for their support;

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 overseers of the poor in each county in this State are hereby directed to lay a tax annually, not exceeding one shilling specie, on every hundred pounds value of taxable property within their respective counties; and also a sum not exceeding one shilling specie on every person liable to pay a poll tax within the same; which tax shall be collected and applied, and be under the same rules and restrictions as the tax that was mentioned in the before recited Act.

III. And whereas it appears to this Assembly that there are no overseers of the poor elected in many counties of this State, and that they have not qualified according to law in others; Be it therefore enacted by the authority aforesaid, That in all such counties as have not elected according to law, the sheriffs shall, within seven months after the passing of this Act, summons the inhabitants to elect and choose seven good and sufficient freeholders, to act as wardens of the poor, and all such overseers as have been elected, and not qualified according to law, shall within the same time meet at the court house and qualify, after which they shall be under the same rules, regulations and restrictions, as those who have heretofore qualified according to law.

IV. And be it further enacted by the authority aforesaid, That all persons duly elected, and on notice from the sheriff refusing to qualify, shall forfeit and pay the sum of ten pounds specie, to be sued for and recovered in any court of record, by the county trustee, in an action of debt, and the money so recovered to be applied to the use of the county.

V. And be it further enacted by the authority aforesaid, That from and

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after the passing this Act, the overseers of the poor shall be stiled and called wardens of the poor, and shall in every thing be under the same rules and regulations, and enjoy the same rights and privileges as the overseers of the poor heretofore have or might have had.

VI. And be it further enacted by the authority aforesaid, That so much of the before mentioned Act as comes within the purview of this Act, is hereby repealed and made void.

CHAPTER XVII.
An additional Act to an Act intituled, An Act to establish a Department for adjusting and liquidating the public accounts of this State, and for appointing a Comptroler, and other purposes.

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 the Comptroler be, and he is hereby impowered and authorised to administer an oath or affirmation to accountants and witnesses in support of the justice of such accounts as may be exhibited to him for liquidation, and certify the same accordingly.

II. And be it further enacted by the authority aforesaid, That the comptroler shall, and he is hereby directed to transmit to the attorney general once in every six months after the passing of this Act, a list of the balances which shall appear to him to be due to the public from any of the inhabitants of this State, and which ought to have been paid previous to such settlement, together with a copy of the account by him raised against such debtors, with the necessary vouchers in support of the same, and the attorney general shall thereupon immediately commence and prosecute suits against such debtors for the recovery of their respective balances, in the speediest manner the law will enable him to do, which suits for the balances of accounts shall be instituted in the name of the Governor for the time being, and on recovery paid to the treasurer of the district wherein the debtor resides, for the use of the public.

III. And be it further enacted by the authority aforesaid, That on every settlement by the comptroler made, where the balance shall appear to be due from the State to the accountant, the said comptroler shall certify under his hand the true state of such account, and the balance so due, and shall keep a fair copy of such certificate to be laid before the General Assembly, and in virtue of such certificate the person to whom a balance may be due, shall have an equal claim against the public with those who have, or shall obtain auditors certificates.

IV. And be it further Enacted by the authority aforesaid, That where any accounts shall be exhibited into the comptroller's office for settlement, and there shall be therein charged any article or articles the prices of which are not particularly ascertained by law, the comptroller shall make such allowances as auditors might do, and the comptroller shall be governed in every respect therein by the law respecting auditors in such cases.

V. And be it further Enacted by the authority aforesaid, That all accounts to be settled by the comptroler in virtue of this act, shall be liquidated in such manner by the scale of depreciation established by this Assembly at the present session, as that the balances both for and against the accountants shall be in specie, and shall, being so adjusted according to such scale, be sued for and recovered in specie.

VI. And, whereas, it is doubted whether the comptroler is invested with powers to settle and adjust accounts of such persons inhabitants of this state, as have received monies from the continental treasury to be applied

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to the use of the public in this state, or from the treasury of this state to be applied to continental uses; Be it Enacted by the authority aforesaid, That in all such cases the comptroller be, and he is hereby authorized and impowered to settle such accounts, and therein distinguish the same so far as may be practicable, from the accounts which such persons may have for monies received from this state.

VII. And be it further Enacted by the authority aforesaid, That the comptroller for the time being shall, and he is hereby authorized and directed to call upon, and demand of the several boards of auditors, district treasurers, the commissioners of specific taxes, the commissioners superintendants, and all others concerned in the management, collection, or disposal of confiscated estates, the clerks of courts who passed the accounts of commissioners of confiscation, all persons who have acted as quarter-masters and commissaries, and all others in the staff department, as well as all other persons whatever, who have in their hands, custody or possession, any books, accounts, vouchers or other papers, belonging to the state relative to the public accounts, to the end that he may be able to make a true and just state of such accounts; and in case any person or persons in whose hands, custody or possession, such books, accounts, vouchers, or other papers may be, shall refuse or neglect to deliver the same to the order of the said comptroler, such person or persons shall forfeit and pay for each and every such neglect or refusal, the sum of one hundred pounds specie, to be recovered before any jurisdiction having cognizance thereof, by any person who shall sue for the same, to his own use.

CHAPTER XVIII.
An Act to amend an Act passed at Hillsborough, the twelfth day of May, in the year one thousand seven hundred and eighty-two, intituled, An Act for the relief of persons who have suffered, or may suffer by their deeds and mesne conveyances not being registered within the time heretofore appointed by law.

I. Whereas, by the before recited act there is no provision for the registration of grants obtained for lands entered in the late land office, under the present constitution; and whereas many good people may be greatly injured thereby,

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 grants for lands entered in the late land office under the present constitution, which have not been registered within the times heretofore appointed by law, shall be admitted to registration, in the same manner, and under the same rules and regulations that deeds and mesne conveyances in virtue of the before recited act are, and shall be as good and valid, as if they had been registered within the time heretofore appointed by law, anything to the contrary notwithstanding.

III. And be it further Enacted by the authority aforesaid, That all grants of lands obtained as aforesaid, and which have been registered since the expiration of the time by law appointed for their being registered, shall be as good and valid to all intents and purposes, as if they had been registered within the time aforesaid.

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CHAPTER XIX.
An Act for allowing salaries to the Governor, Secretary and other officers of state, and for other purposes.

I. Whereas, it is necessary that the principal officers of the State should have salaries suitable to the dignity of their station, and adequate to their services;

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 his Excellency the Governor for the time being, be allowed after the rate of one thousand pounds specie per annum, for all his services as Governor; that the Secretary of State be allowed after the rate of one hundred and seventy-five pounds specie per annum, exclusive of such fees as are or may be established by law, in full of all expenses for public services; that each of the delegates be allowed the sum of eighty pounds specie per month during their time of travelling to and from, and attending on, Congress; that each of the judges be allowed the sum of fifty pounds specie for each and every court he shall attend; and the Attorney-General shall be allowed for every Superior Court he shall attend forty pounds specie, together with all fees by law established; that each of the public treasurers be allowed one hundred pounds specie per annum, in lieu of all commissions incident to their appointment; that each of the members of the Council of State be allowed twenty shillings specie for every day they shall employ in travelling to or from, or attending on the council board.

III. And be it further Enacted by the authority aforesaid, That the Governor shall appoint a private secretary, who shall enter into books for that purpose, all such letters written by the Governor as are official and important; also enter therein fair copies of all official letters received from our Delegates in Congress, from the President of Congress, with the acts and resolutions transmitted from that body, letters from General Washington, the commanding officer of any separate department, and such other letters and papers as the Governor may think necessary; which book or books shall be laid before the next General Assembly, and by the clerks carefully preserved in their offices: That the said private secretary be allowed two hundred pounds specie per annum, in full consideration of his services and expences incidental to his office, exclusive of such fees as he may be allowed by law for preparing and applying seals to grants of land.

IV. And be it further Enacted by the authority aforesaid, That the clerks of the Superior Courts of law and equity in this State shall be entitled to receive the same fees for all services done by them, as they were entitled to receive for the same services in the year one thousand seven hundred and seventy-three.

V. And, whereas, the nineteenth section of an Act of the General Assembly, passed in May, in the year one thousand seven hundred and eighty-two, intituled, An Act directing the sale of confiscated estates, hath been so misconstrued, as to lead the county courts into innumerable errors, and hath been found extremely injurious; and the laws heretofore in force for proceedings by attachment against absentees, and taking administration on the estates of deceased persons being fully adequate to give relief to every creditor who hath any legal proof of his demand; Be it therefore Enacted by the authority aforesaid, That the said nineteenth section, or clause of the said Act, intituled, An Act directing the sale of confiscated estates, be, and the same is hereby repealed, and declared null and void.

VI. And, whereas, it has pleased the Almighty God to bless the United

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States with peace, and a happy intercourse with all the subjects of the King of Great Britain; Be it therefore Enacted by the authority aforesaid, That an Act, intituled, An Act to impower the Court of Admiralty of this State to have jurisdiction in all cases of capture of the ships and other vessels of the inhabitants and subjects of Great Britain, to establish the trial by jury in the said court in cases of capture, be suspended till the end of the next General Assembly.

CHAPTER XX.
An Act for facilitating the navigation, and regulating the pilotage of the several ports of this State.

I. Whereas, the commerce of this state has been greatly injured by the imposition, extortion, insufficiency and negligence of pilots, and for want of staking out the channels within the ports of Bath-Town, Roanoke, Beaufort and Brunswick; 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 Nathan Keais, Thomas Alderson, Richard Blackledge, John Bonner and John Gray Blount, esquires, be and are hereby appointed commissioners for port Bath; Josiah Collins, William Bennet, Nathaniel Allen, Joseph Blount and William Littlejohn be, and they are hereby appointed commissioners for port Roanoke; and Richard Ellis, James Green, Spiers Singleton, Thomas Ogden and John Jones, esquires, be and they are hereby appointed commissioners for port Beaufort; to contract with proper persons to examine from time to time the situation of the swash, and to keep the same and all other channels leading from Occacock bar to Washington, Edenton and Newbern, well and sufficiently staked out, and to erect beacons at Occacock, Beacon Island, Coor Banks, and all other such places as the said commissioners shall think most convenient for the safety of vessels.

III. And be it further Enacted by the authority aforesaid, That the following taxes shall be paid by the master or owner of each vessel that shall enter in either of the said ports of Bath, Roanoke, Beaufort and Currituck, to the naval officers of the respective ports, that is to say: for every vessel of fifty tons and under, ten shillings; every vessel above fifty tons, and under one hundred tons, twenty shillings; and for every vessel above one hundred tons, thirty shillings, specie.

IV. And be it further Enacted by the authority aforesaid, That the said commisioners, or a majority of them in each respective port, shall have full power and authority to examine pilots touching their qualifications, and upon their approbation to grant them a certificate or certificates to pilot vessels in all or any of the respective ports aforesaid; and in case any person shall pretend to pilot or take charge of any ship or vessel without having passed an examination as aforesaid, and obtained a certificate for so doing, and also giving bond in manner as is hereafter directed, shall forfeit and pay for each and every offence, the sum of twenty pounds specie.

V. Provided nevertheless, That no person shall be subject to the said penalty who shall obtain a certificate of his qualification as aforesaid, within three months from and after the passing of this act.

VI. And be it further Enacted by the authority aforesaid, That all pilots heretofore appointed, or that shall be hereafter appointed, shall give bond in the sum of one hundred pounds specie, with two good and sufficient securities to the respective commissioners of the several ports before mentioned, in which they shall act as pilots, conditioned for the true and faithful discharge

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of their duty; and that negroes after undergoing an examination before the commisioners aforesaid, shall be intitled to a certificate to act as pilots, upon their master's giving bond with good security in the manner herein directed.

VII. And be it further Enacted by the authority aforesaid, That there shall be paid and allowed to every pilot who shall take charge of any ship or vessel, the following pilotage, that is to say: for every ship or vessel from the outside of the bar of Occacock into Beacon Island Road, two shillings specie per foot, for every vessel that draws nine feet water or less; and for every ship or vessel that draws more than nine, and less than ten feet water, two shillings and six pence specie per foot; and for every vessel drawing ten feet water and upwards, three shillings specie per foot; and that the same sums be allowed to pilots for pilotage outwards as inwards.

VIII. And be it further Enacted by the authority aforesaid, That when any pilot shall board any vessel at sea, and offer his service to any master of a vessel bound into Occacock Inlet, he shall be intitled, although the master of such vessel shall refuse to employ him, to the same fees which he would have been intitled to if he had taken charge of the said vessel, and the master shall be obliged to pay the same accordingly; and if any ship or vessel coming into the said inlet of Occacock and taking a pilot on board, shall be by contrary winds or otherwise drove off the coast, the master or owner of such vessel shall allow and pay the said pilot three shillings and six pence specie per day for each and every day he shall be on board the said vessel, over and above his pilotage.

IX. And be it further Enacted by the authority aforesaid, That when any branch pilot shall see any vessel on the coast, having a signal for a pilot, and shall neglect or refuse to go to the assistance of such vessel, on proper proof being made of such neglect or refusal, shall forfeit and pay the sum of twenty pounds specie, to be recovered by action of debt in any court of record in this state, the one-half to the informer and the other half to the master or owner of said ship or vessel.

X. And be it further Enacted by the authority aforesaid, That there shall be paid and allowed to every pilot who shall take charge of any ship or vessel from Beacon Island Road, that draws six feet water or less, to Washington or Bath-Town, thirty shillings specie; for every vessel that draws above six feet water, six shiling specie per foot; and for every vessel from Beacon Island Road, that draws six feet water or less to Edenton, three pounds specie; and for every vessel that draws above six feet water, ten shillings specie per foot; and for every vessel that draws six feet water or less, from Beacon Island Road to Newbern, thirty-six shillings specie; for every vessel drawing above six feet water, seven shillings specie per foot.

XI. And be it further Enacted by the authority aforesaid, That any pilot appointed as is hereinbefore mentioned who shall demand or exact any larger sum of money than is by this Act directed and appointed, shall forfeit and pay the sum of twenty pounds specie; provided that suit is brought or prosecuted within one year after such demand or exaction made, and not afterwards.

XII. And be it further Enacted by the authority aforesaid, That each of the naval officers herein appointed to collect the taxes on vessels in the several ports aforesaid, shall before he enters on the said office give security in the sum of three hundred pounds specie, to the commissioners of the said ports, respectively; and the naval officer of port Currituck shall give security in the like sum of three hundred pounds specie to the commissioners of port Roanoke; for the due performance of the trust reposed in them, and for the accounting

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with, and paying to the said commissioners as often as required, all such sum and sums of money as shall be from time to time by him received; and if either of the said naval officers shall refuse to give such security, It is hereby Enacted, That the said commissioners of that port shall and may appoint another receiver or receivers in his or their place or stead, who shall have full power and authority to receive the said tax, giving such security to the commissioners of the port where he is so appointed.

XIII. Provided, nevertheless, That no ship or vessel coming in at Old Topsail, Bogue, or Currituck inlets, shall be subject to the payment of the tax for the support of the stakes as aforesaid.

XIV. And be it further Enacted by the authority aforesaid, That each receiver shall in his port have full power and authority to go on board of any vessel in order to measure and ascertain the burthen of such vessel, and shall likewise have power and authority to examine on oath the master of any vessel for that purpose.

XV. And be it further Enacted by the authority aforesaid, That from and after the passing of this Act, no naval officer of either of the said ports shall clear out any vessel till the master shall have produced to him a certificate from the receiver of the said tax of his having paid the same, under the penalty of twenty pounds specie.

XVI. And be it further Enacted by the authority aforesaid, That the expence of setting up beacons at Occacock, Beacon Island and Coor Banks, and the staking out the swash, shall be discharged by the commissioners hereby apointed for the several ports in the proportion following, that is to say: the commissioners for port Roanoke shall pay two-fifths of the said charges and expences, and the commissioners for the port of Bath, and for the port of Beaufort shall pay the other three-fifths of the said charges and expences, out of the monies by them received in proportion to the sums received in the said ports of Bath and Beaufort, and the expences of staking out the other channels leading to the said ports shall be severally paid by the commisioners of each respective port to which the said channels lead.

XVII. And be it further Enacted by the authority aforesaid, That upon the death, removal, or refusal of any of the said commissioners or receivers to act, the remaining commissioners of each respective port shall and may choose and appoint another commissioner or receiver in the said port, in the room of the commisioner or receiver so dying, removing, or refusing to act.

XVIII. And be it further Enacted by the authority aforesaid, That no master or other persons belonging to any vessel trading to this State shall cast or throw overboard into any channel or rivers within this State, any stones or other ballast whatsoever, any oysters or oyster shells, under the penalty of one hundred pounds specie for every such offence; and if any person or persons shall wilfully pull down any beacon, stake or other mark, erected or placed in virtue of this Act, he or they shall for every such offence forfeit and pay fifty pounds specie.

XIX. And be it further Enacted by the authority aforesaid, That the said commissioners as often as they are required, shall account with the General Assembly for such money as shall be by them from time to time respectively received, and shall have such allowance for their expences actually disbursed as shall appear reasonable.

XX. And be it further Enacted by the authority aforesaid, That it shall and may be lawful for the commissioners hereby appointed for port Bath, port Roanoke and port Beaufort, to demand and receive from the receivers of the duty of the tonage of vessels all such sum and sums of money as shall at the time of passing this Act be in his or their hands, arising from the

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said duty, and for them to apply the same towards amending and improving the navigation of the said ports in such manner as to them shall seem necessary and convenient.

XXI. And be it further Enacted by the authority aforesaid, That the commissioners appointed by this Act for port Bath, port Roanoke and port Beaufort, are hereby authorised and impowered to demand of the late commisioners, the survivor or survivors of them, an account of the monies received by him or them, by virtue of this Act or their office, and also of all monies paid for the services expressed and before recited in this Act, and if there should be any balance remaining in his or their hands, to pay the same to the commissioners herein appointed, under the penalty of one hundred pounds specie, to be recovered in the Superior Court of the district, by action of debt by the commissioners herein named, and applied towards the purposes of this Act, and the commissioners herein named and appointed are authorised and impowered to settle with, and shall pay any balance that may appear to be due to the former commissioners, or any of them, for any sums by them advanced.

XXII. And be it further Enacted by the authority aforesaid, That each and every fine imposed by this Act, shall be recovered by action of debt in any court of record having cognizance thereof, one-half to the person suing for the same, the other half to the commissioners where the offence shall be committed, to be by them applied toward staking out the channel as aforesaid.

XXIII. And be it further Enacted by the authority aforesaid, That there shall be paid and allowed to every pilot who shall take charge of any ship or vessel from the outside of Old Topsail bar to Bourden's or Shackelford's banks, two shillings specie per foot for every vessel that draws nine feet water or less; and for every ship or vessel that draws more than nine, and less than ten feet water, two shillings and six pence specie per foot; and for every vessel drawing ten feet water and upwards, three shillings specie per foot; and that the same sums be allowed to pilots for pilotage outwards as inwards.

XXIV. And be it further Enacted by the authority aforesaid, That John Easton, David Cooper, Enoch Ward, William Thomson and Malachi Bell, esquires, be and are hereby appointed commissioners for Old Topsail inlet navigation, and are hereby vested with all the powers and authorities with respect to the pilots and pilotage of the said Old Topsail inlet and its navigation which are given to the other commissioners by this Act appointed.

XXV. And be it further Enacted by the authority aforesaid, That when any ship or vessel shall arrive in any of the ports in this State, with the smallpox or other infectious disorder on board, the master and pilot of such ship or vessel shall give immediate information thereof to the commissioners of navigation of the port at which they arrive, and the said commissioners, or any three of them, are hereby impowered and directed to order and command the master of such ship or vessel to perform quarantine with his said ship or vessel at such place, and for as many days as they may think necessary, and if the said pilot or master shall neglect or refuse to give such information, the pilot for such neglect shall forfeit and pay the sum of fifty pounds specie, and the master for the like neglect shall forfeit and pay the sum of one hundred pounds specie; and in case the master of any ship or vessel having any infectious disorder on board shall refuse to comply with, or fail to fulfill the orders of the commisioners for performing quarantine with his vessel as aforesaid, he shall forfeit and pay the sum of five hundred ponds specie, to be recovered by action of debt in any court of record in

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this State having cognizance thereof, to be applied in the same manner as other fines are in this Act directed.

XXVI. And, whereas, the different acts in force for regulating the pilotage of Cape Fear River require amendment and alteration, the act for that and other purposes, passed at Newbern the fourth day of December, one thousand seven hundred and seventy-seven, being now expired, which revives the before-mentioned acts; and, whereas, it is now become necessary that a new set of commissioners to regulate the pilotage of Cape Fear River be nominated and appointed; Be it Enacted by the authority aforesaid, That William Purviance, Robert Shaw, Norman Harrison Chivers, William Hill, John Albin Campbell, Parker Quince, William Campbell, James Read and John Hust be and they are hereby appointed commissioners for regulating the pilotage and navigation of Cape Fear River, and they or a majority of them are hereby authorised and impowered from time to time to examine such and so many pilots as shall offer themselves, or consent to be pilots for the said river, not exceeding ten in number, who shall be appointed by commissions from the governor or commander-in-chief for the time being, who for that purpose shall lodge blank commissions in the hands of the said commissioners, and they shall fill up the same with the names of such persons as they shall from time to time approve.

XXVII. And be it further Enacted by the authority aforesaid, That any number of pilots not exceeding four, may be appointed as aforesaid to attend the bar of Cape Fear River, and to pilot vessels coming up from, and going down to Brunswick, and no higher; who may take and receive in gold or silver, rating Spanish milled dollars at eight shillings, the same nominal sum for such services as are directed to be paid in proclamation money by an Act intituled, An Act to amend an Act intituled, An Act for regulating the pilotage of Cape Fear River, and for other purposes, passed in November, one thousand sevn hundred and sixty-six; and that any number of pilots not exceeding four may be appointed as aforesaid to pilot vessels from Brunswick to Wilmington, and from Wilmington to Brunswick, who shall and may receive the following rates, to-wit: If from Brunswick to Wilmington and back again to Brunswick, one-half of the before mentioned sums; if to the flatts and back again to Brunswick, one-fourth of the said sums, according to the draught of water such vessel shall draw.

XXVIII. And be it further Enacted by the authority aforesaid, That two pilots may be appointed to attend the bar of the New Inlet, and to pilot vessels through the said inlet and up to Brunswick, and no higher, and from Brunswick out at the said New Inlet; who may take and receive two third parts of the fees to which pilots are by this act intitled for bringing vessels over the bar and up to Brunswick as aforesaid, according to the draught of water such vessel shall draw.

XXIX. And be it Enacted by the authority aforesaid, That the commissioners for the pilotage of Cape Fear River shall affix true copies or tables of the several rates of pilotage as before limited, at the naval office and at Fort Johnston, as soon as an officer shall be stationed there, that masters of vessels and others concerned may have recourse thereto.

XXX. And as the erecting of beacons and buoys at the mouth of Cape Fear River, and staking the channel of the said river, would greatly facilitate the navigation thereof, Be it therefore Enacted by the authority aforesaid, That a duty of three pence per ton be, and is hereby laid on all vessels coming into the port of Brunswick to unload goods or to take in a cargo, for and during the term of three years from and after the passing of this Act, but not to commence until the first day of July next, which duty the naval

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officer of the port is hereby directed and impowered to receive, but before the receipt of any of the duties, the said naval officer shall give bond with sufficient security to the governor or commander-in-chief for the time being, in the sum of one thousand pounds, conditioned that he will well and truly account with, and pay to the said commissioners, or their orders, when thereto required, all such sums of money as he shall receive by virtue of this Act, first deducting thereout five per cent. for receiving the same; and in case of a breach of the condition of the said bond, the same shall be put in suit, and the monies recovered therein be applied by the said commissioners in the same manner as the duties if paid to them would have been, that is to say, in erecting beacons, buoys and stakes, in manner hereinbefore mentioned; and the said bond shall be lodged with the clerk of the Superior Court of Wilmington, who is hereby directed to receive the same and give a promisory receipt to the commissioners to be accountable for it.

XXXI. And be it further Enacted by the authority aforesaid, That every master or commander of any ship or vessel liable to pay the said duty, shall render to said commissioners or one of them, a certificate signed by himself, specifying the amount of the duty with which he shall be charged, and which he shall pay by virtue of this Act, and every such master refusing or omitting to give such certificate before he shall have cleared out in the naval office, shall forfeit and pay the sum of fifty pounds, to be recovered by action of debt before any jurisdiction having cognizance thereof, in the name of the commissioners, and to be by them applied to the same uses to which the duties aforesaid are applicable, and the said commissioners shall carefully keep the said certificates as a check on the receiver of the said duties, and the said receiver shall render to the commissioners on oath an account of all sums by him received for duties as aforesaid.

XXXII. And be it further Enacted by the authority aforesaid, That in case any New Inlet pilot should cruise off the main bar, and no bar pilot should be off when any vessel appears who may be coming into Cape Fear, it shall and may be lawful for such New Inlet pilot to bring in such vessel, for which service he shall be intitled to half the fees which such bar pilot would have been intitled to had he brought in such vessel, the other half to be paid to the bar pilots in equal proportions, and the same regulations shall extend to bar pilots cruising off the New Inlet; any law or usage to the contrary notwithstanding.

XXXIII. And, whereas, it is customary for masters of vessels who are acquainted with the bar of Cape Fear River, the New Inlet and the river up to Wilmington, to bring their vessels over the bar and up to the said town without employing a branch pilot; and it being necessary to give good pilots every possible encouragement, Be it therefore Enacted by the authority aforesaid, That when any master of a vessel shall refuse a pilot in any part of Cape Fear River from Wilmington, or to go out of either of the said inlets, then such pilots so refused shall be intitled to the full pilotage in the same manner as he would have been had he been employed for the purpose of piloting such vessel, any law, custom or usage to the contrary notwithstanding.

XXXIV. And, whereas, it is necessary that the pilots of Cape Fear River should live as near the mouth of the said river as possible, in order to be ready on all occasions when any vessel may appear off the bar, and there being no situation so convenient as the ground which belongs to the public on which Fort Johnston stood; Be it therefore Enacted by the authority aforesaid, That every bar pilot of Cape Fear River shall, and he is hereby impowered to build such house or houses for the conveniencies of himself and

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family on the public ground, and for his houses, yards and gardens, may have an acre of the same for his own use, with the liberty of inclosing the said acre, or any part thereof, to hold to such pilot during the time he shall continue in office; and in case such pilot shall die in office, his family shall and may continue in possession of such acre of ground and premises for and during the term of seven years from and after the death of such pilot. Provided always, That none of the pilots shall lay off such acre of ground so near sight of Fort Johnston, so as to interefere with any fortification that may hereafter be erected, of which the commissioners of the pilotage of Cape Fear River are required to take notice, so as to prevent any inconvenient encroachments.

XXXV. And be it further Enacted by the authority aforesaid, That an Act intituled, An Act for regulating the pilotage of Cape Fear River, and other purposes, made in January and February, one thousand seven hundred and sixty-four; An Act intituled, An Act to amend an Act, intituled, An Act for regulating the pilotage of Cape Fear River, and other purposes, made in November, one thousand seven sundred and sixty-six; and an Act intituled, An Act to amend an Act, intituled, An Act for regulating the pilotage of Cape Fear River, and for other purposes, made in November, seventeen hundred and seventy-one are hereby declared to be, and have been in full force, in the same manner as they were at the passing of the said last mentioned Act, except where they have been altered by this present Act of the General Assembly, and excepting the thirteenth and fourteenth sections of the first mentioned Act, directing the duty of the commander of Fort Johnston and such other parts of the said Act which requires a bill of health at the naval office before entry, which are and must remain quiescent until an officer shall be stationed at the said fort.

XXXVI. And be it further Enacted by the authority aforesaid, That if the person appointed by this Act to receive the duties on vessels coming into Cape Fear River should neglect or refuse to give security in manner by this Act directed, the said Commissioners shall and may appoint another receiver of the said duties, who shall give bond as aforesaid, and shall be liable to the same penalties and mode of recovery as is hereinbefore directed; and if the said duties should be found more than sufficient for the purposes in this Act expressed, the commissioners shall apply the surplus at their discretion in amending the navigation of Cape Fear River.

XXXVII. And be it further Enacted by the authority aforesaid, That all fees, sums of money, penalties and forfeitures, in the three Acts of Assembly, in the clause but one immediately preceding this section therein particularly recited, and mentioned as proclamation money, are hereby declared to be the same nominal sums and of the same real value as gold and silver, rating Spanish milled dollars at eight shillings; and any action or actions commenced or prosecuted on any bond, penalty, or forfeiture in any of the said Acts mentioned, shall be commenced and prosecuted for gold and silver at the rates aforesaid; any law or usage to the contrary notwithstanding.

XXXVIII. And be it further Enacted by the authority aforesaid, That all and every Act and Acts of Assembly, or any clause or clauses of acts coming within the purview of this Act, and not herein particularly confirmed, be and the same are hereby repealed and declared void and of no effect.

XXXIX. And be it further Enacted by the authority aforesaid, That the naval officers or other receivers of the duties imposed by this Act on vessels coming into the ports of Bath Town, Roanoke, Beaufort and Currituck, shall have and receive the sum of five per cent. on all sums by them collected as commissioners for receiving and collecting the same.

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CHAPTER XXI.
An Act for appointing an agent and holding a treaty with the Cherokee Indians, and for other purposes.

I. Whereas, holding treaties and appointing one or more agents to keep up a continual friendly correspondence with the said Indians, may prevent future wars, and save expence of blood and treasure;

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 his Excellency, the Governor, as soon as may be shall hold, or by such persons as he shall commissionate for that purpose, cause to be held a treaty with the Chickamawga and Over-Hill Cherokees, and also with the Cherokees of the Middle and Valley settlements, at the Long Island on Holston River; and his Excellency the Governor is hereby impowered to cause the musket powder belonging to this State, or so much thereof as he shall think necessary, not exceeding one thousand weight, to be removed to the frontiers convenient to the place where the said treaty shall be held, and to give the said powder, or cause the same to be given in presents to the said Indians; and his Excellency the Governor is hereby impowered to issue warrants on the treasury for any sum not exceeding two thousand five hundred pounds specie, and cause the same to be laid out in the purchase of goods suitable for the said Indians, and the same goods to give or cause to be given in consideration of the lands by the said Indians to be ceded to the State, and also to issue warrants on the treasury for the sum of one thousand pounds specie, to defray the expences of removing the said powder and goods, and the purchase of necessary provisions for the support of the said Indians, attending the treaty, and other expences thereof: And a full and accurate account of all expenditures, articles, stipulations, cessions, agreements and proceedings of the said treaty, wherein this State is or may be interested, shall be laid before the next General Assembly.

III. And be it further Enacted by the authority aforesaid, That Joseph Martin be, and he is hereby appointed agent in behalf of this State for the Chickamawga and Over-Hill Cherokees, and for the Cherokees of the Middle settlements and Valley towns; and the said agent shall visit the Indians under his agency in their own country once in six months, shall deliver to them messages from the Governor, receive their talks, record them in his journal, record in the like manner such public talks as he without order may deliver them, and send copies of both to the Governor.

IV. And in order that all the dealings and intercourses with the said Indians may be carried on in the most friendly and upright manner, and every fraud and imposition as far as possible prevented, Be it therefore Enacted by the authority aforesaid, That no person whatsoever shall deal or traffic with the said Indians within the limits of this State, without license first had and obtained from the Governor for the same, and that these licences shall be granted only to men of the most upright and unexceptional honest characters, and shall not authorize any person obtaining them to trade with the said Indians for any longer time than one year, and those be annually received and obtained.

V. And be it further Enacted by the authority aforesaid, That every person obtaining such licence, shall pay for the same to the Governor the sum of five pounds specie: And if any person shall without such licence presume to deal with the said Indians within the limits of this State, he shall forfeit and pay fifty pounds specie for the first offence, and one hundred pounds specie for every subsequent offence, one-half to the use of the

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public, the other half to him or them that shall prosecute for the same, to be recovered by action of debt, bill, plaint, or information, in any court of record.

VI. And be it Enacted by the authority aforesaid, That the said agent shall be allowed one hundred pounds specie per annum for all services.

VII. And be it further Enacted by the authority aforesaid, That all attornies practicing in any of the Superior or Inferior Courts of this State, shall take no other fees than what were allowed them in the year one thousand seven hundred and seventy-three; and in case any attorney shall, under any pretence take any greater fees, upon information being made to the court where the said attorney may practice, the court is required and directed to call or summons the parties before them, and if the charge be supported against such attorney, the said court may fine the offender in any sum not exceeding twenty-five pounds for the first offence; and in case any. such attorney will persist in taking extortionate fees, it shall and may be lawful for such county or superior court to silence such attorney; any law, usage or custom to the contrary notwithstanding.

CHAPTER XXII.
An Act for repealing two Acts of the General Assembly therein mentioned.

I. Whereas, an Act of the General Assembly passed at Wake Court House, impowering Congress to levy a duty of five per cent. ad valorem, on all foreign merchandize imported into this State, which Act was not to be in force nor take effect until the States from New Hampshire to North Carolina, both inclusive, had invested Congress with the same powers and authorities as are mentioned in the said Act, and as there is no longer any probability that the said Act can be carried into effect, by reason of the refusal of some of the United States aforesaid to invest Congress with the before mentioned powers;

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 an Act intituled, An Act for vesting power in the Honourable Continental Congress to levy a duty of five per cent. upon all foreign merchandize, except such articles as are therein excepted, and for other purposes, be and is hereby repealed.

III. And, whereas, an Act passed at Halifax, in the year one thousand seven hundred and eighty-one, intituled, An Act to encourage the importation of arms, ammunition and other warlike stores, and other purposes, is now become unnecessary, and if continued would be injurious to the State; Be it therefore Enacted by the authority aforesaid, That the said last recited act, be and the same is hereby repealed, and made null and void.

CHAPTER XXIII.
An Act for repealing an Act intituled, An Act for appointing a place for the future meeting of the General Assembly.

I. Whereas, the reason for holding the General Assemblies in the town of Hillsborough in preference to any other place within this State, have ceased by the restoration of peace, and all the blessings attending thereon;

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 Act of the General Assembly passed at Hillsborough, the twelfth day of May, one thousand seven hundred and eighty-two, intituled, An Act for

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appointing a place for the future meeting of the General Assembly, be and is hereby repealed.

CHAPTER XXIV.
An Act for the promotion of learning in the district of Wilmington.

I. Whereas, the good education of youth has the most direct tendency to promote the virtue, encrease the wealth, and extend the fame of any people, and it is the indispensable duty of every Legislature to consult the happiness of a rising generation, and endeavour to fit them for an honourable discharge of the social duties of life; and whereas it is represented that a public seminary of learning is much desired in the district of Wilmington, and that some provision is already made for such an institution;

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 Honourable Samuel Ashe, Archibald McLaine, William Hill, Thomas McGuire, John Ingrum, John Hay, the Honourable Edward Starkey, John Lillington and Robert Shaw, esquires, shall be, and they are hereby declared to be a body corporate, to be known and distinguished by the title of the trustees of Innis Accademy, in the district of Wilmington; and that the said trustees shall appoint annually out of their own body a president, secretary, and treasurer of the corporation, and they, the said trustees, shall keep a public seal, and the same may alter and amend at pleasure; they shall be capable of suing or being sued at law; they may purchase lands, and the same dispose of at pleasure; they may receive donations and legacies in money, lands and other property, provided the interest, rents and nett profits of their capital, shall not at any time exceed three thousand Spanish milled dollars per annum; in general, they shall do or may do all such things as are usually done by bodies corporate and politic, or such as may be necessary for the promotion of learning and virtue.

III. And be it further Enacted by the authority aforesaid, That the trustees having purchased or erected proper buildings for a public seminary in some convenient part of the district, shall employ one or more teachers, by the name of rector, professors and tutors, whom they may remove or displace if they should find it necessary.

IV. And be it further Enacted by the authority aforesaid, That the trustees shall appoint their public visitations of the accademy once in every six months, when they shall examine what progress is made by the several students, at which visitations they may for the encouragement of learning, give certificates to any student concerning the progress they may have made in any species of learning. Provided always, They shall not on any account grant degrees or titles, such as batchelor or master of arts, or doctor in any faculty.

V. And be it further Enacted by the authority aforesaid, That the trustees shall not in any case sell public lands, or dispose of public property unless when a majority of the board is present, or during their stated half-yearly visitations, nor then unless written notice had been given by the president or secretary to each member at least four weeks before the visitation, signifying the proposed disposition or sale.

VI. And be it further Enacted by the authority aforesaid, That on the death of any trustee, or in case any trustee should refuse to serve, or should so far neglect his duty as to absent himself from the stated or extraordinary meetings of the board for two full years, the remaining trustees, considering the seat of such deceased, refusing or absenting member as vacant,

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shall at their next meeting elect some proper person to serve in his place.

VII. And be it further Enacted by the authority aforesaid, That no rector, professor or tutor, shall or may at any time be elected or chosen a trustee of the accademy; the Governor of the State for the time being, though not a trustee, may at any time of their visitations take a seat with them.

VIII. And be it further Enacted by the authority aforesaid, That the rector, professors and tutors of this accademy, and all other accademies and public schools in this State established by law, shall be exempt from military duty during their continuance in those offices, provided the number of teachers in any of the said accademies or public schools shall not exceed three. Provided also, That all scholars and students entering into the said accademy, or any other public school, and being of the age of fifteen years or under at the time of entering, shall during their continuance thereat be exempt from all military duties.

IX. And be it further Enacted by the authority aforesaid, That nothing contained in this Act shall be considered as tending to prevent the trustees from distinguishing their public hall, their museum, or their library by the names of such persons as may within twelve months give the most liberal donations to the seminary.

X. And, whereas, James Innis, late of New Hanover county, deceased, did in and by his last will and testament devise and bequeath to certain public officers therein named, the house and plantation where he commonly resided, commonly called Point Pleasant, with other lands, negro slaves, and other things in the said will mentioned, for the use of a school in New Hanover county; and whereas the said legacy and devise yet remains to be received, and the said house and other buildings on the plantation aforesaid have lately been destroyed by fire, in order therefore that the testamentary donation of the said James Innis, and all other donations, devises, and bequests, which may have heretofore been made towards erecting a school or seminary of learning in the county of New Hanover, or in the district of Wilmington, generally be applied for the good purposes for which they were intended; Be it Enacted by the authority aforesaid, That all such donations, devises and bequests, heretofore made for the purpose aforesaid, be and they are hereby vested in the said trustees and their successors forever, for the use of the seminary intended to be erected by virtue of this Act; and the said trustees are hereby impowered and required to sue for, recover and receive the same and every part thereof, and to take all lawful ways and means for that purpose.

XI. And, whereas, from the situation of the said plantation called Point Pleasant, and the want of buildings thereon to fulfill the intention of the donor, it may be found expedient to dispose of the same, and of such other real estate as the said James Innis beqeathed for the use of the school as aforesaid; Be it therefore Enacted by the authority aforesaid, That if the said trustees or a majority of them, shall judge the same expedient, they may sell and dispose of all such real estate of the said James Innis as has been devised for the use of such school, they giving such public notice of the intended sale, and such credit for purchase money, as may be necessary for the disposal thereof to the best advantage.

XII. Provided, That the trustees hereinbefore mentioned, shall previous to their entering on the execution of the trust reposed in them by this Act, give bond to the Court of New Hanover county, payable to the Governor for the time being, and his successors in office, in the sum of five thousand

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pounds specie, with condition that they shall well and faithfully apply and account for all gifts, donations and monies, which they may receive in consequence, and by virtue of this Act for the purposes aforesaid.

CHAPTER XXV.
An Act for appointing the several persons therein named to lay out the streets in Upper Cambleton, in Cumberland county, and for the future regulation of the said town, and giving a further time for saving of lots in the lower town, and also for altering the name of Cambleton to Fayetteville.

I. Whereas, the confusion ocasioned by the late war, the town of Cambleton, in Cumberland county, still continues in its former irregular form, notwithstanding an Act passed at Newbern, intituled, An Act for the regulation of Cambleton, and erecting public buildings; and, whereas, the said town, from its convenience to the western settlements and the easy transportation of goods down Cape Fear River, must necessarily become a great mart for the produce of the interior country, and many of the inhabitants of the said town being now making preparation for repairing their houses, or erecting new ones, it becomes necessary that the streets should be regulated without delay, so as to occasion as little expence and inconvenience as possible to the proprietors of lots and houses; and, whereas, it is found by experience that appointing commissioners for the purposes aforesaid who reside in the said town, will not answer the intention of this Act, the jarring interest of different parties preventing them from agreeing upon any one plan; for remedy whereof,

II. 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 from and after the passing of this Act, the town of Cambleton shall be called and known by the name of Fayetteville, and the two parts thereof shall be distinguished by the name of the upper and lower town; and that Thomas Wade, James Gillispie, John Hay, Thomas Owen, Ambrose Ramsay, Matthew Jones, and Thomas Person, esquires, or a majority of them be, and they are hereby apointed commissioners for laying out the streets of the said town in the most regular and convenient manner in which the same can be done and with as little injury to the proprietors of lots and houses therein as may be, and that the principal streets be one hundred feet wide, and all other streets as wide as the particular situation of houses and lots will admit; and the said commissioners or a majority of them are hereby directed to lay out a square or squares for public buildings, in such part of the said town as may be found most eligible, and of such ground as may be offered for that purpose by any of the proprietors, and take a conveyance or conveyances of the same for the use or uses for which such square or squares shall be laid off, and set apart.

III. And, whereas, it may be convenient and necessary to lay out streets so as to include houses and lots, or part of lots, and many of the lots in the said upper town are very small and irregular, and run back diagonally from the streets as they now stand, and may probably continue much in the same direction when the streets shall be laid off as by this Act directed; Be it therefore Enacted by the authority aforesaid, That the commissioners of the said town shall avoid as much as possible the laying out streets so as to include houses which they may deem of any considerable value, and where it may be necessary to lay out streets which may include the whole or any part of any lot or lots, the same portion of ground which the proprietor or

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proprietors thereof now possess shall be laid joining the new street, in the most convenient form so as to contain the same number of square feet which such proprietor or proprietors now possess respectively, and the lots behind such lots so to be laid off, shall go backwards progressively, untill all the lots shall be laid out according to the plan to be established in virtue of this Act, and when the streets and lots shall all be laid off and ascertained as aforesaid, the commissioners shall cause the back lots (which they are hereby directed to take from ground not hitherto laid out into lots) to be valued by a jury of six freeholders, three to be chosen by the proprietors of the ground and three by the commissioners, such freeholders to be indifferent with respect to the parties concerned, who are directed and hereby impowered to summons them to attend and value upon oath, to be administered by the said commissioners or some of them, the back lots; which oath shall be in the following form, to-wit:

“You and every one of you shall well and truly appraise the lot of ground now shewn you, containing in width —— feet, in length —— feet, according to the best of your judgment, to the sum of money which would have been its real value previous to the passing of an Act intituled, 'An Act for altering the name of Cambleton to Fayetteville, and for appointing commissioners to lay off streets for the regulation of the upper town, and for giving a further time for saving of lots in the lower town.”

IV. And be it further Enacted by the authority aforesaid, That the said commissioners in their discretion shall give such time as to them shall appear reasonable for the removal of any buildings which may be situated in whole or in part, on any new street or streets to be laid off by virtue of this Act, having regard to the value and present condition of such buildings, and the cellars and chimneys, if any, which make part thereof; but during the continuance of any such building or buildings on the streets, it shall not be lawful for any person or persons whatsoever to make any repairs on the same other than such slight repairs as may be necessary to render them usefull for the purposes for which they may be intended, to be adjudged and determined by the directors of the said town hereinafter mentioned. Provided always, That such directors shall not give liberty to make any cellars, build any chimnies, or render any house habitable which is not so at present, which may be situated wholly, or in part on any new street.

V. And be it further Enacted by the authority aforesaid, That the said commissioners shall cause an exact survey to be made of the said upper town, and a plan thereof in which shall be mentioned all the streets, passages and lots of ground, and to whom they belong, according to the information they may receive, which plan shall be returned to the next session of the General Assembly, and lodged in the secretary's office, and a copy thereof with the clerk of the county wherein the said town is, or with the directors hereinafter mentioned, and shall each be certified by the commissioners, or a majority of them, and all sums of money which the said commissioners shall award and direct to be paid by any person or persons to any other person or persons, for or by reason of the shifting of any situation for the conveniency of commodious streets and passages, shall be certified under their hands, and the person intitled to receive the same shall and may maintain an action for the recovery, before any jurisdiction having cognizance thereof.

VI. And be it further Enacted by the authority aforesaid, That the said commissioners before entering upon their office shall take the following oath before any justice of the peace:

“I, A. B., do solemnly swear that I will well and truly, according to the

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best of my judgment, and without prejudice or partiality, cause to be laid off the streets, passages and squares, in the town of Fayetteville, pursuant to the directions of this act. So help me God.”

VII. And for the good government and regulation of the said town for the future, Be it Enacted by the authority aforesaid, That Robert Cockran, Robert Rowan, James Patterson, Lewis Barge, Robertson Montford, James Burges and John Ingrum, esquires, be and they are hereby appointed directors of the said town for the present year, to regulate the streets and keep the same clean and in repair, and to prevent all encroachments thereon, or nuisances in any part of the said town, and to do everything for the good government thereof agreeable to the directions of this Act, their power to commence immediately after the commissioners aforesaid shall have executed the trust reposed in them by this Act, and continue until the first Monday in January next; and on the said first Monday in January, in every successive year, all the inhabitants of the said town who shall be intitled to vote for members of Assembly, shall in presence of the old directors, and of the sheriff of the county in which the said town is situated, choose by ballot seven directors to serve for the then present year, and every director shall be resident and have a freehold in the said town, and shall have full power and authority to carry the determinations of the commissioners with respect to the removal of buildings into execution, and to prevent all repairs of such buildings otherwise than is by this Act directed; and the said directors and their successors shall be in all things a body corporate, may implead and be impleaded as such for any injury done to any public building in the said town, or for any nuisance in the streets or other parts thereof; and the yearly election shall not operate so as to dissolve the body corporate, or so as to abate any action in any court wherein the said body corporate shall be a party, and a majority of the said directors shall be deemed sufficient to determine any business of which the said directors shall have cognizance.

VIII. Provided always, That no meeting of the directors shall be held so as to decide upon any business, unless notice of the intended meeting signed by three of the directors, shall have been left at the dwelling house of each of the other directors, at least twenty-four hours before the time of meeting. And Provided further, That such notice shall not be held valid unless the director at whose house it shall be left, shall at the time of the delivery of the notice, have been absent at least three days from the said town.

IX. And be it further enacted by the authority aforesaid, That the directors shall, and they are hereby impowered to lay a tax upon the inhabitants of the said town yearly and every year, not exceeding one shilling for every hundred pounds of their taxable property, and a poll tax on every male between the ages of twenty and fifty years, whose property does not amount to the value of one hundred pounds, to be levied by an officer to be by them appointed for that purpose, and applied to keeping the streets clean and in proper repair, and towards building and keeping in repair such bridges as may be necessary; and they shall take bond with good security from each officer, payable to themselves and their successors, for the faithful discharge of his duty, and for paying all sums to be by him collected and received to the said directors; and the said directors shall appoint one of their own body to be treasurer for the receipt of the said tax, and all penalties, forfeitures and other monies by them receivable, who shall give bond in like manner with the receiver of the said tax. Provided always, That the tax to be raised in the upper town shall not be liable to be applied for keeping the streets of the lower town in order, and so vice versa.

X. And be it enacted by the authority aforesaid, That for prevention of

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dangers from fire, and that the said town may be more easily kept clean and in good order, the directors may and shall make from time to time, and under such penalties as they shall choose to impose, not exceeding ten shillings for the first offence, twenty for the second, and forty for the third offence, such orders that after a fixed time to be by them limited, no wooden chimnies shall be suffered to remain in the said town, nor any hogs to run at large; and the said directors shall also lay a penalty such as they may think adequate to the offence, on all persons who wilfully or carelessly neglect to obey the directions of the commissioners for laying out the said town, with respect to repairs which may be made to houses any part of which may stand on the new streets, or refusing or declining to remove them at such time as shall be prescribed; and the directors shall and may by warrants under their hands and seals levy such fines and penalties of the goods and chattels of the offender, if any are to be found, and if not may commit him to the prison of the county, there to remain for such time as they shall limit and appoint, not exceeding ten days; and the directors may allow to the officer who shall execute their said warrant and other precepts such reasonable fees as they may think proper, not exceeding the fees which a constable by law is intitled to for serving a warrant or warrants.

XI. Provided always, That it shall and may be lawful for any person who shall think him or herself aggrieved by the judgment or determination of the said directors to appeal from such judgment or determination to the county court of Cumberland, first giving security to prosecute such appeal with effect, or in case he or she be cast therein, to pay the cost of the court, and the said court is hereby impowered and directed to determine in any summary way.

XII. And be it further enacted by the authority aforesaid, That if the tax herein before directed to be laid should be found insufficient for keeping the streets and bridges in proper repair, it shall and may be lawful for the said directors or a majority of them to oblige such of the inhabitants who live within the said town to work on the streets and bridges, and for neglect or refusal shall be liable to the same penalties, to be recovered by a warrant from the directors aforesaid.

XIII. Provided always, That the said inhabitants shall not be obliged to work on any other public roads, but shall be wholly exempt therefrom.

XIV. And whereas most of the owners of lots in the lower town have neglected to procure from the commissioners appointed by an Act passed at Newbern, on the second day of May, one thousand seven hundred and seventy-eight, intituled, “An Act for regulating Cambleton, and erecting public buildings, and granting titles for their said lots,” and the confused and unsettled state of the country since that time has prevented proprietors from saving their lots agreeable to law; for remedy whereof, Be it Enacted by the authority aforesaid, That the directors appointed by this Act, and their successors, are hereby impowered and required at the request of the proprietors, and due proof being made before them, to grant conveyances for lots in the said lower town, to the apparent owner or owners, his, her, or their heirs and assigns respectively, and all such persons as possess lots in the said lower town, shall have a further time of five years from and after the passing of this Act to save their lots agreeable to the directions of the before mentioned Act, any thing therein to the contrary, notwithstanding.

XV. And be it further enacted by the authority aforesaid, That in case any owner or owners of lot or lots in the said lower town, shall by forged or fraudulent conveyances or documents induce the directors to give him, her, or them any conveyance or conveyances, for any lot or lots which does not or

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do not bona fide belong to him, her, or them, in that case such conveyance or conveyances shall be adjudged void and fraudulent; any thing in this Act, or any law, usage or custom to the contrary, notwithstanding.

XVI. And that such frauds and covin may the more easily be detected, Be it enacted by the authority aforesaid, That when any person applies to the directors for a conveyance, such person shall not only prove his property, but leave his deeds, documents and proofs, with the directors, with a sufficient sum of money to pay the probate and registry thereof.

XVII. And be it further enacted by the authority aforesaid, That the clerk of the court of Cumberland county, and the register of the said county, shall hold and keep their respective offices in the said town of Fayette-Ville; and if any of the said officers shall neglect or refuse so to do for the space of six months after the passing this Act, the officer so refusing or neglecting shall for every month he shall be a delinquent, forfeit and pay the sum of five pounds, to be recovered by action of debt in the court of the said county, wherein no essoin, injunction, protection or privilege, shall be allowed or admitted, one half to the informer, the other half to the directors of the said town, for the time being, for the use of the town.

XVIII. Whereas the tobacco ware house in the town aforesaid, in the county of Cumberland, has been consumed by fire; Be it enacted by the authority aforesaid, That the court of the county of Cumberland be, and is hereby impowered and directed to levy for the year one thousand seven hundred and eighty-three, and for the year one thousand seven hundred and eighty-four, a tax not exceeding one shilling on every hundred pounds value of taxable property in the county, and upon all persons subject to a poll tax in the same proportion as taxable property is taxed, and the money arising from such tax to be applied to the purposes of building a warehouse on the lots whereon the old one stoood.

CHAPTER XXVI.
An Act for Regulating the Town of Halifax.

I. Whereas it is the interest of every State to regulate the police of its town and encourage their trade, and the laws heretofore made for regulating the town of Halifax have proved very defective, and the method in use for appointing commissioners for the town is inconsistent with the spirit of our present constitution;

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 five commissioners for the town of Halifax shall be chosen annually on the second Saturday in June of every year, in the presence of two magistrates for the said county of Halifax; and every person who is a freeholder in the said town, and every freeman who has resided there for six months, and has paid public taxes, shall be qualified to vote for the said commissioners, which commissioners when chosen, shall have all the powers, and be possessed of all the rights and authorities in respect to titles to public lots or otherwise which other former commissioners had and were possessed of, so far as is consistent with the purview of this Act, any former Act or custom to the contrary, notwithstanding.

III. And be it further enacted by the authority aforesaid, That every person who is the owner of any lot in the town of Halifax, shall within six months after the passing of this Act, cause the same to be cleared from woods and brush, and he shall keep it clear; and that no inhabitant or other persons be permitted to keep hogs, goats, or other stock, to go at large within

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the said town, except horses and black cattle; and no person shall strain a horse in any public street in the said town; any person offending contrary to these regulations, or any other laws for regulating the police of the town of Halifax, shall be fined by the trustees in any sum not exceeding five pounds, to be recovered before any justice of the peace, for the use of the said town; and they may appoint a clerk, who shall keep a fair and complete record of their proceedings, and be allowed for the same out of any public monies in the hands of the treasurer for the said town, such sum as the commissioners shall deem adequate to the services.

IV. And be it further enacted by the authority aforesaid, That the commissioners for the town of Halifax for the time being, shall be and in all things act as a body corporate, that may plead or be impleaded as such, and bring any action against any person whatsoever, for any injury done to any public building or lots in said town, in the same manner as any private person might do for any injury done to any private property, and the intervention of the annual election shall not be considered to dissolve the body corporate so as to abate any action depending in any court wherein the said body corporate is a party, but the new commissioners shall in every respect, to all intents and purposes (except as to any responsibility for any abuse of office) be considered on the same footing, and standing in the place of their predecessors, and a majority of the commissioners shall be deemed sufficient to decide upon any business. Provided, That no meeting of the commissioners be held to decide on any business, unless notice of the intended meeting, signed by one of the commissioners shall have been left at the dwelling house of each commissioner at least twenty-four hours before the said meeting.

V. And be it further enacted by the authority aforesaid, That the said commissioners may levy a tax on every lot in the town of Halifax, not exceeding twenty shillings specie per annum; and they may levy a tax not exceeding twenty shillings per annum, on every freeman who has been a resident for six months; and in case any person or persons thus taxed, shall refuse to pay the same during thirty days after notice of the same in writing, he or they shall be liable to an action of debt, to be brought by the said commissioners before any jurisdiction having cognizance thereof, and if judgment shall go against him the court may assess a fine on the said defendant not exceeding one half of the debt so recovered, over and above the said debt, to be also applied to the use of the said town.

VI. And be it further enacted by the authority aforesaid, That the commissioners shall appoint one of their body to act as treasurer to receive and account for all public monies for which a regular entry must be made on a book kept for that purpose, and upon the appointment of a new treasurer the old one shall immediately pass his account with him, and pay any balance there may be in his hands. Provided, That before such treasurer enters upon his office, he shall give his bond with good security payable to the commissioners for the faithful discharge of his duty.

VII. And be it further enacted by the authority aforesaid, that all hogs shall be allowed to run at large in the said town until the first day of January next and no longer, and if found at large in said town after that date shall be subject to the penalty of this Act.

VIII. And for the better determination who shall be qualified to be elected as a commissioner of the town, Be it enacted by the authority aforesaid, That no person shall be deemed qualified to act as a commissioner of the town of Halifax, unless he is an inhabitant of the said town, and hath a lot therein, with a house on the same of no less dimensions than twenty-four feet long and sixteen feet wide, with a brick chimney to it.

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IX. And be it further enacted by the authority aforesaid, That each commissioner before he enters on the duties of his office, shall take, and he is hereby required to take, in the presence of one justice of the peace for the county of Halifax, the following oath: “I, A. B., do swear, that I will faithfully discharge the office and duty of a commissioner for the town of Halifax, agreeable to law and to the best of my judgment.

CHAPTER XXVII.
An Act for levying a Tax on every Hundred Pounds taxable property in the District of Halifax, for repairing the Court House and Gaol of said District.

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 four pence specie be levied on every hundred pounds taxable property in the county of Halifax, and a poll tax of four pence specie on every person whose estate is not assessed to one hundred pounds in said county; and that two pence specie be levied on every hundred pounds taxable property in the counties of Edgcomb, Northampton, Warren, Franklin, Nash, and Martin, and a poll tax of two pence on every person liable to the payment of a poll tax for the year one thousand seven hundred and eighty-three as aforesaid, to be collected as all other taxes are, and paid into the hands of the commissioners hereafter appointed for the purpose of repairing said buildings.

III. And be it further enacted by the authority aforesaid, That Willie Jones, Nicholas Long, and Daniel Pointer, or a majority of them, be appointed commissioners to receive from the sheriffs or collectors the money arising by virtue of this Act, and are hereby impowered to contract with workmen to repair the aforesaid buildings, agreeable to the true intent and meaning of this Act.

IV. And be it further enacted by the authority aforesaid, That in case there should be more money collected by this Act than is sufficient for the purposes herein intended, the overplus shall be returned proportionately to the aforesaid counties, and that the said overplus be applied towards defraying the contingencies of said counties.

V. And be it further enacted by the authority aforesaid, That the said commissioners shall give bond with sufficient security in the sum of two thousand pounds specie for the faithful discharge of the trust reposed in them by this Act, payable to the Governor for the time being and his successors in office, which bond shall be lodged in the office of the Clerk of the County Court of Halifax.

CHAPTER XXVIII.
An Act to amend an Act, intituled, An Act for regulating the Town of Edenton.

I. Whereas, by the aforesaid Act the commissioners are impowered to levy a tax not exceeding ten shillings specie per annum, on every lot in the town of Edenton, but no penalty being fixed on persons refusing or neglecting to give in a list of their lots, some have therefore refused or neglected to give any account of them, although often required by advertisement from the said commissioners; and as by the said Act the only method for recovery of taxes due, is by action of debt in a court of record, for which reason no taxes on lots can be recovered unless their owners are known;

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

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North Carolina, and it is hereby enacted by the authority of the same, That where the owner of any lot or lots in the town of Edenton shall refuse or neglect to deliver an account or list to the commissioners of said town of his lot or lots, with the numbers of them in the plan of said town, the said commissioners may, and they are hereby impowered to cause such lot or lots, after advertising them thirty days, to be sold at public vendue for the payment of the taxes due on them, and the balance, if any, arising from such sale after paying the tax due, shall be returned to the owners upon application made by them to the commissioners, first deducting the expences incident to such sale; and the said commissioners or a majority of them, are hereby impowered and authorized to grant deeds for any lot or lots so sold, which deeds shall be good and valid in law.

III. And whereas the law aforesaid directs that taxes shall only be recovered in a court or record, which is found to be inconvenient, troublesome, tedious and expensive: Be it therefore Enacted by the authority aforesaid, That where the amount of the taxes due does not exceed five pounds specie, the same may be recovered by warrant and tried before a justice of the peace, who shall have the same power which by the said law is given to any court of record in the like case.

IV. And be it further enacted by the authority aforesaid, That so much of the law aforesaid as comes within the purview of this Act, be and is hereby declared null and void.

CHAPTER XXIX.
An Act for purchasing a lot or lots in the Town of Wilmington, for the purpose of building a gaol for the District of Wilmington, and other purposes.

I. Whereas the public gaol for the district of Wilmington has been consumed by fire, and it being necessary that a new gaol be erected for the county of New Hanover and the said district, and it being found on examination that the lot whereon the gaol formerly stood was private property, and it being absolutely necessary that a lot or lots be purchased in the said town of Wilmington, by the trustees hereafter mentioned, for the purposes aforesaid;

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 Thomas Brown, Caleb Grainger, John James, Henry Young, Thomas Blood-worth, be and they are hereby appointed trustees for purchasing a lot or lots in the said town, and for designing, contracting, or building and finishing a sufficient gaol as to them or a majority of them, or their survivors, shall seem most proper and convenient, which gaol when so erected shall be and remain the gaol of the several counties in the district of Wilmington.

III. And be it further enacted by the authority aforesaid, That a tax of eight pence be laid on every hundred pounds value of taxable property of the county of New Hanover, and a tax of four pence specie for the space of two years, on every hundred pounds value of property on the counties of Onslow, Bladen, Duplin, Cumberland, and Brunswick, and that the same shall be assessed and collected by the same persons, and in the same manner as the public State tax in the said counties, and that the tax to be assessed by virtue of this Act, when assessed and collected shall be paid into the hands of the trustees herein named by the county treasurer of each county, for the purpose aforesaid; and on non-payment of the tax by this Act directed from

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the several collectors thereof, the said collectors shall be liable to the same penalties as for other public taxes, and the said trustees, or a majority of them, shall be intitled to the same mode of recovery against the said collectors, as the public treasurers are intitled to have against them, on nonpayment of the public taxes, and the money so arising shall be by the trustees, or a majority of their survivors, applied towards discharging the contracts they shall enter into for purchasing a lot or lots, and erecting the public buildings aforesaid.

IV. And be it further enacted by the authority aforesaid, That the justices of the courts of the respective counties in the said districts, shall summons every sheriff or other person to appear before them and account for and pay all sum or sums of money which such sheriff or other persons have heretofore collected by virtue of any Act of Assembly formerly in force in this State, imposing a tax on the inhabitants of the said district for the purposes of erecting a gaol in Wilmington, to be used as a district gaol, where such taxes so collected have not been heretofore accounted for and paid as by law directed; and such arrears shall be paid to the said trustees or a majority of them, to be applied as other taxes are by this Act directed to be applied; and such sheriff or sheriffs or other persons who shall be summoned and fail to attend, or attending shall fail to account and pay the sums they shall have so collected and not have accounted for, shall be subject to the same pains, penalties, fines and forfeitures, as sheriffs are liable to for failing to account for other public monies by them received.

V. And whereas by an Act passed at Newbern the twenty-fourth day of December, one thousand seven hundred and seventy-seven, intituled, “An Act to impower the courts for the counties of Tryon and Guilford to lay a tax by assessment for finishing the court house, prison and stocks, in the said counties; and also to impower the several counties in the district of Wilmington, and other purposes, a tax of six hundred pounds was laid on the county of New Hanover, and three hundred pounds on the counties of Duplin, Bladen, Cumberland, Onslow and Brunswick, for the purpose of building a gaol for the said district, have never been applied agreeable to the intent and meaning of the before recited Act; Be it therefore enacted by the authority aforesaid, That the trustees by this Act appointed call on the trustees and other persons who may have the monies in their possession to pay the same into their hands, and on refusal or neglect may have the same mode of recovery against them or either of them, as the treasurers have against the receivers of other public monies in this State.

VI. And be it further enacted by the authority aforesaid, That the trustees or a majority of them, or their survivors shall immediately proceed to the discharge of the trust by this Act reposed in them, and shall cause the said buildings to be finished within two years from the passing of this Act, and shall immediately thereafter lay an account of their proceedings on oath, before the court of each county herein named, for their proportion of all monies by them received and appropriated for the purpose of the said buildings, for their inspection, and the surplussage of the said monies if any, should be by them paid to the justices of the said several counties in proportion to the monies collected in the said counties respectively, to be applied towards the contingent charges of the said county.

VII. And be it further enacted by the authority aforesaid, That after such gaol shall be erected, when any person shall be apprehended for any offence within the district aforesaid, it shall and may be lawful for the justice or justices before whom such offender shall be examined, if he or they think it necessary, to commit such offender to the aforesaid gaol, and

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the sheriff of the county for the time being, where such offender shall be apprehended, is hereby authorized and required to convey such offender to the said gaol, and deliver him or her to the sheriff or keeper thereof, and take a receipt of such sheriff or gaoler, which shall be his discharge for such prisoner.

VIII. And be it further enacted by the authority aforesaid, That after the said gaol shall be built as aforesaid, the sheriff of the county of New Hanover for the time being, is hereby directed and required to employ some person of integrity to be keeper of the said gaol, who during the time any person committed for a capital offence shall be in the said gaol, shall constantly reside in or near the said gaol, and take all lawful ways and means from preventing the escape of such offender.

CHAPTER XXX.
An Act for levying a Tax on every hundred pounds value of Taxable Property in the District of Newbern for repairing the gaol of the District.

I. Whereas the gaol of the district of Newbern is in a ruinous state, and by no means sufficient for the safe keeping of felons and others committed to the said gaol;

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 eight pence specie be levied on every hundred pounds value of taxable property in the county of Craven, and a poll tax of eight pence specie on every person in the said county whose taxable property is not assessed to one hundred pounds; and that a tax of four pence specie be levied on every hundred pounds taxable property in the counties of Hyde, Beaufort, Carteret, Johnston, Dobbs, Pitt, Jones and Wayne, and a poll tax of four pence specie on every person liable to pay a poll tax within the aforesaid counties for the year one thousand seven hundred and eighty-three, to be collected and accounted for as all other public taxes in this State are directed to be collected and accounted for, and paid into the hands of the commissioners hereafter named for the purpose of repairing said buildings.

III. And be it further enacted by the authority aforesaid, That John Hawks, Thomas Sitgreaves, and John Fonville be, and they or a majority of them are appointed commissioners to receive from the several sheriffs and collectors of the aforesaid tax, the money arising thereby, and they or a majority of them are hereby authorised to contract with workmen to repair the said gaol in such manner as they shall judge necessary, agreeable to the true intent of this Act.

IV. And be it also enacted by the authority aforesaid, That in case there shall be more money collected by virtue of this Act, than is sufficient for the purposes aforesaid, the overplus shall be returned by the said commissioners to the several counties in the district, in the proportion in which it may have been paid, and by the justices of the said counties appropriated towards defraying the contingent charges of the said counties respectively.

V. And be it further enacted by the authority aforesaid, That the commissioners aforesaid before they enter upon the duties of their appointment, shall enter into bond severally in the sum of five hundred pounds specie, payable to his excellency the Governor and his successors, for the faithful discharge of the trust by this Act reposed in them, which bond shall be lodged in the county court of Craven.

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CHAPTER XXXI.
An Act for repairing the Court House and Prison in the Town of Salisbury, for the District of Salisbury.

I. Whereas the district court house and prison in the town of Salisbury, is greatly decayed, and in a ruinous condition;

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 John Lewis Beard, John Newnan, Maxwell Chambers and George Henry Berger, esquires, be and are appointed commissioners, and they are hereby required to agree and contract with workmen within three months after the passing of this Act, for repairing the said court house and prison.

III. And be it further enacted by the authority aforesaid, That four pence specie per hundred pounds on all the taxable property within the county of Rowan, and four pence on all taxable persons in said county who are not possessed of taxable property to the value of one hundred pounds; and that two pence per hundred pounds on all the taxable property within the counties of Anson, Surry, Mecklenburg, Montgomery, Richmond and Guilford, and two pence on all taxable persons within the last mentioned counties, who are not possessed of taxable property to the value of one hundred pounds, for the year one thousand seven hundred and eighty-three; to be levied, collected and accounted for in the same manner, and at the same times, as the taxes directed to be collected for the said year by an “Act for levying a tax by general assessment,” which tax so collected, shall be paid into the hands of the said commissioners, or a majority of them, and by them shall be applied to defray and pay for the repairing of said court house and prison.

IV. And be it further enacted by the authority aforesaid, That the said commissioners or a majority of them, after the aforesaid repairing shall be compleated and finished, shall render an account of the money by them received by virtue of this Act, together with that of their disbursements, to the county court of Rowan.

V. And be it further enacted by the authority aforesaid, That the sheriffs or collectors of the respective counties within the said district of Salisbury, for the time being, shall before he or they collect or receive any part of the tax herein laid, enter into bond with two sufficient securities, to the said commissioners, for the faithful collection and payment of the aforesaid tax.

VI. And be it further enacted by the authority aforesaid, That in case the money arising by this Act should be more than sufficient to finish the said repairs, the county court of Rowan shall have it in their power to apply it towards paying for any future repairs of the said court house and prison, as they shall find necessary and expedient.

CHAPTER XXXII.
An Act for altering the time of holding of the County Courts of Pleas and Quarter sessions in the Counties of Caswell, Warren, and Edgcomb, in this State, and other purposes.

I. Whereas the time heretofore appointed for holding the county courts of pleas and quarter sessions of the county of Caswell is found inconvenient by reason of the County Court of Wake, in the district of Hillsborough being held on the same day;

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II. 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 the county court of pleas and quarter sessions for the said county of Caswell, after the passing of this Act, shall be held on the following days, to wit: On the third Mondays of June, September, December, and March, annually.

III. And be it further enacted by the authority aforesaid, That every process and recognizance returnable to the said court shall be returned on the court days by this Act appointed, and all causes depending in the said court shall stand continued to the same day; any law, usage or custom to the contrary notwithstanding.

IV. And whereas the days heretofore appointed by law for holding the court of pleas and quarter sessions of Warren county are found to be inconvenient for attornies to attend said court, by reason of some of the neighbouring courts being at the same time; for remedy whereof, Be it enacted by the authority aforesaid, That the said county court of pleas and quarter sessions of Warren county, shall be held on the following days, to wit: On the last Monday in July, October, January and April; and that every process and recognizance returnable to said court, shall be returnable on the days by this Act appointed, and all causes depending in said court shall stand continued to the same days, any law to the contrary notwithstanding.

V. And whereas the days heretofore appointed by law for holding the courts of pleas and quarter sessions of Edgcomb county are found to be inconvenient for attorneys to attend the said courts by reason of some of the neighbouring courts being at the same time; for remedy whereof, Be it enacted by the authority aforesaid, That the county courts of pleas and quarter sessions for the said county of Edgcomb, from and after the first day of July next, shall be held on the following days, to-wit: The first Monday of August, November, February, and May; and that every process and recognizance returnable to the said court, shall be returnable on the days by this Act Appointed, and all causes depending in the said court shall stand continued to the same days; any law to the contrary notwithstanding.

VI. And whereas there is no court house, prison or stocks, erected in the said county of Caswell; Be it therefore enacted by the authority aforesaid, That James Saunders, Archibald Murphey and Abraham Fulkison, be and are hereby appointed commissioners for building a court house, prison and stocks, on the place by law appointed in the said county of Caswell, for the use of the said county, and for the purpose of contracting and agreeing with proper persons to compleat and finish the same, as they shall deem sufficient.

VII. And be it further enacted by the authority aforesaid, That an assessment of one shilling on every hundred pounds on all taxable property in the county of Caswell, and a poll tax of one shilling on every person in said county not possessed of one hundred pounds, to continue and be collected by the sheriff or collectors of the said county for three years, and accounted for and paid to the said commissioners at the same time, and in the same manner, and under the like penalties and restrictions, as is or may be directed for collectors accounting for and paying their public taxes.

VIII. And be it further enacted by the authority aforesaid, That before the said commissioners shall enter upon their trust, or take into their hands any of the monies to be collected by this Act, that they shall enter into bond in the sum of two hundred pounds specie, payable to the Governor and commander in chief for the time being, and his successors in office, conditioned for the faithful discharge of the trust reposed in them.

IX. And whereas James Saunders, William Moor, Thomas Harrison, John

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Atkinson, and John Payne, were appointed commissioners by an Act of General Assembly, passed at Newbern the ninth day of May, one thousand seven hundred and seventy-seven, to let the public buildings in Caswell county, and have in consequence thereof received part of the tax for defraying the expences thereof; Be it therefore enacted by the authority aforesaid, That the commissioners by this Act appointed be, and they are hereby authorised, impowered, and required to call to account the former commissioners, and receive from them the tax by them collected for the purposes aforesaid, or any tax gatherer who may have the same in his hands, and upon refusal or neglect, may sue such commissioners or tax-gatherers who may have the said tax, or any part thereof, in his or their hands, and after receiving such tax, shall apply it to defraying the expences of such public buildings, and the surplus money, if any remaining in their hands, shall be paid to the court of the said county, and by them applied towards defraying the contingencies of said county.

CHAPTER XXXIII.
An Act for the relief of Thomas Clark, and other persons therein named, and to vest in them an indefeasible title to certain Lands, Hereditaments, Goods, Chattels, Rights and Credits, formerly the Estate of James Murray, and to enable them to take possession thereof.

I. Whereas, by an Act intituled, “An Act for appointing commissioners to examine the claims of Thomas Clark and others, against the estate of James Murray, and other purposes therein mentioned,” which Act was passed at Hillsborough, at the Assembly last held there, it was amongst other things enacted, that Samuel Ashe, Alfred Moor, Thomas Craike, John Lillington, Caleb Grainger, John Moor and James Gillispie, or a majority of them, should be, and they were appointed thereby commissioners to hear all such things as the said Thomas Clark and others had set forth in a certain memorial, or might set forth, or might urge for and in support of certain claims by them made against the said James Murray, and to receive all such proof as might be offered by the said Thomas Clark and others the memorialists, or others on their behalf, which proof would be admissable in a court of equity under the circumstances of the memorial thereby referred to; and it was further enacted that the said commissioners should also hear all such testimony as should be offered against the claim or demand of the said memorialists, and for that purpose should summons witnesses to appear and give evidence, and the said commissioners were invested with full powers to effect the purposes of their said appointment; and whereas it was further enacted, that after the said commissioners should have fully heard and considered the claims of the said Thomas and others the memorialists, if it should appear to their satisfaction, that the said James Murray, in equity and good conscience was indebted to the said Thomas and others the memorialists, they should certify the same to the next General Assembly, that further proceedings might be had thereon, to the end that justice might be done in the premises; and whereas a majority of the said commissioners by a certain writing under their hands, and now filed among the records of this Assembly, have certified that after having heard the whole of the testimony offered to them, they find that the sum of nine thousand and twenty-seven pounds seven shillings and five pence specie is justly due from the estate of the said James Murray to the said Thomas Clark and other memorialists, and that the said estate is in equity liable for the payment of that sum, all which is by the

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said commissioners by the said writings under their hands, dated the second day of July, one thousand seven hundred and eighty-two, certified to the Assembly, to which certificate the names of John Moor, Alfred Moor, John Lillington, Caleb Grainger, Thomas Craike, James Gillispie, in the proper and respective handwriting of the said commissioners are subscribed;

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 and singular the lands and tenements, goods and chattels, rights and credits, within this State, that are of the estate of the said James Murray, or which were on the fourth day of July, in the year of our Lord one thousand seven hundred and seventy-six, or at any time since the property of the said James Murray, be by the said commissioners, or a majority of them upon oath, to be administered to them by a justice of the peace, appraised to their true value, to the best of the knowledge of the said commissioners, which oath shall be as follows, to wit: “I solemnly swear that I will to the best of my understanding, justly and truly value the lands and tenements, goods and chattels, rights and credits, that were the property of James Murray on the fourth day of July, one thousand seven hundred and seventy-six, or at any time since, so far as such effects have come to my knowledge;” and the said commissioners or a majority, after such valuation made, shall in their best discretion set off and deliver to the said Thomas Clark and others the said memorialists, so much of the said estate that was of the said James Murray real, personal and mixed, as shall amount to the full value of nine thousand and twenty-seven pounds seven shillings and five pence specie, that is to say, rating Spanish milled dollars at eight shillings per dollar; which estate so set off and delivered by the said commissioners or a majority of them, to the said Thomas Clark and others the said memorialists, shall become the proper lands and tenements, goods and chattels, of the said memorialists, to be and inure to the said Thomas Clark and others the memorialists, the only proper use, benefit and behoof, of the said Thomas Clark, John Innis Clark, and Anne Hooper, memorialists as aforesaid, their heirs, executors and assigns for ever, so far as the said James Murray, his heirs, executors or administrators respectively may have, or may have had on the said fourth day of July, in the year one thousand seven hundred and seventy-six, any estate, right, title or interest therein; and the said memorialists are hereby declared to have a full and absolute, and indefeasible estate in fee simple in the said lands, and as perfect an estate in the said goods and chattels; saving however, and always reserving to all and every other person and persons whatsoever, other than the said James Murray, his heirs, executors and administrators, all right, title and claim, which they may have, or might have had, in the same manner as if this Act had never been made.

III. And be it further enacted by the authority aforesaid, That the said commissioners shall under the hands and seals of themselves, or a majority, grant to the said memorialists a schedule of the property real and personal, so set off and delivered to the said memorialists, certifying the same to be the full and absolute property of the said memorialists, and to have been set off and by them delivered as directed by this Act of Assembly, which certificate to the said memorialists shall have with respect to any lands so set off, the effect of an absolute deed in fee simple, and with respect to the said personal estate so set off, shall operate as giving a full and absolute estate therein, with the savings and reservations herein before mentioned; and the said commissioners shall certify to the next Assembly all and singular

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their proceedings relative to the matters by this Act referred to their determination.

CHAPTER XXXIV.
An Act to vest the Title of certain Lands in Joseph Herring.

I. Whereas it hath been made appear to the satisfaction of the General Assembly, that Joseph Herring of Duplin county, did purchase of a certain Felix Kenan, agent for Henry Eustace McCulloch, a tract of land in the county aforesaid, on the south side of Turkey Swamp, containing three hundred and forty-six acres, and bounded as follows, viz. Beginning at a small maple in a little branch that runs into Gayler's branch, and runs thence north thirty east eighty-eight poles to a pine, the corner of a survey that lies on the south side of Turkey swamp, thence south sixty-seven east ninety poles to a pine, thence south forty-six east crossing Gayler's branch one hundred and fifty poles to a stake, thence south ten west one hundred and ten poles to a black oak, thence south sixty-three west sixty-four poles to a pine, thence south seventy-nine west one hundred and forty-four poles to a pine in Zebulon Hollingsworth's line, thence north fifty west one hundred and eight poles to a maple his upper corner in Gayler's branch, thence up the run of the said branch to the mouth of the small branch, and thence up the run of it to the beginning; and the said Joseph Herring having paid part of the purchase money, and taken bond of the said Felix Kenan then agent to the said Henry Eustace McCulloch, to make him the said Joseph a sufficient title in fee simple to the said lands; and whereas the said McCulloch's lands in this State are now become confiscated to the use of the State, and the said Joseph Herring has never been able to obtain a sufficient title to the said lands;

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 sheriff of the said county of Duplin is hereby impowered to receive whatever part of the purchase money is yet unpaid from the said Joseph Herring, his heirs or assigns, provided the same be tendered in two years from the ratification of this Act; and the said sheriff is hereby impowered and authorised to make and execute unto the said Joseph, his heirs or assigns, a good and sufficient deed of conveyance for the said lands, all which proceedings at the proper cost and charge of the said Joseph Herring, when had and done shall be deemed sufficient in law to vest in him all the right and title which this State hath, or may have acquired in and to the same by confiscation, forfeiture or otherwise, any law to the contrary notwithstanding.

CHAPTER XXXV.
An Act to enable Thomas Hill, guardian of Elizabeth Henry Hill, to convey to Joseph Cocke, and Winnifred, his wife, the negro slaves therein mentioned, in satisfaction of the right of dower of the said Winnifred, in the lands, tenements and hereditaments, which were of Henry Hill, deceased, her late husband.

I. Whereas the said Thomas Hill, as guardian of the said Elizabeth Henry Hill, a minor, and the said Joseph Cocke and Winnifred his wife, have presented their petitions to this present General Assembly, setting forth that Henry Hill, deceased, son of the said Thomas Hill, intermarried with the said Winnifred, by whom he left the said Elizabeth Henry Hill, his only child and heir at law, and died without making any disposition of his estate;

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and whereas the said Henry Hill died possessed of lands, tenements and hereditaments, of a considerable value, from which the said Winnifred claimed, and was intitled to her dower at common law, for the term of her natural life; and whereas the said Thomas Hill, anxious to promote the interest and advancement of his said ward, and conceiving it to be for her benefit and advantage to give to the said Joseph Cocke and Winnifred his wife, a compensation out of the personal estate of the said Elizabeth Henry Hill, in lieu and satisfaction of the right of dower of the said Winnifred, proposed to the said Joseph Cocke and Winnifred his wife, to give them out of the estate of said Elizabeth Henry Hill, three negro slaves, to wit: Absey, Aggy and Elisha, in lieu and full satisfaction of the right of dower of the said Winnifred, and it appearing by the said petition that the said Joseph Cocke and Winnifred his wife, are willing to accept the same, provided that an indefeasable title to the said slaves can be made to them; Therefore for promoting the interest of the said Elizabeth Henry Hill, and for enabling the said Thomas Hill to carry the said agreement into execution,

II. 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 the said Thomas Hill be enabled and impowered, and he is hereby authorised to sell, convey and deliver unto the said Joseph Cocke, and Winnifred his wife, the said negro slaves named Absey, Aggy and Elisha, and all the right, title and interest of the said Elizabeth Henry Hill in and to the said slaves, and every of them, with the increase and issue of the female slaves, to have and to hold the same and every of them, to the said Joseph Cocke and Winnifred his wife, as the proper estate of the said Winnifred during the term of her natural life, for her support and maintenance in case she should survive her said husband, and after the decease of the said Winnifred, to the said Joseph Cocke, his executors, administrators and assigns, for ever, in lieu and full satisfaction of the right of dower of the said Winnifred, in and to the lands, tenements and hereditaments, which were the estate of the said Henry Hill, deceased, her late husband.

III. Provided always, and it is hereby further enacted, That each conveyance and delivery shall not be made, or be binding upon the said Elizabeth Henry Hill, the minor, until the said Joseph Cocke, and Winnifred his wife, do make, seal and deliver unto the said Elizabeth Henry Hill, a release and full discharge of the right of dower of the said Winnifred Cocke, of in and to all and singular the lands, tenements and hereditaments, which were the estate of the said Henry Hill, deceased, and until the same shall be fully compleated by private examination of the said Winnifred Cocke in due form of law; any thing herein before mentioned to the contrary notwithstanding.

CHAPTER XXXVI.
An Act to vest the fee simple of certain lands therein mentioned in Thomas Eaton, his heirs and assigns.

I. Whereas David Minge, of the State of Virginia, by his last will and testament, did give and bequeath to his daughter Mary two tracts of land ana plantations, containing twelve hundred and eighty acres, lying in Warren county in this State, with remainder in case of failure of heirs of her body lawfully begotten, to his son David Minge, and the heirs of his body lawfully begotten, forever; and whereas the said Mary after her fathers death did intermarry with Michael Wall, and afterwards, to-wit, on the nineteenth day of March in the year one thousand seven hundred and seventy-eight, did with

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the said Michael Wall and David Minge, the heir in remainder, for the consideration of the sum of five shillings, sell and convey by deed of bargain and sale to Thomas Eaton of the county of Warren, in this State, and his heirs and assigns for ever, the said two tracts of land and plantation, one of which tracts is bounded as follows: Beginning at a black gum on Stone House creek, William Comrie's corner tree, thence running with his line South fifteen degrees east three hundred and twenty pole to a white oak in the fork of Petty creek, thence west one hundred and fifty pole to a dogwood tree on the side of Stone House creek, thence the windings of the said creek to the first station; and the other tract bounded as follows: Beginning at a white oak on the west side of Stone House creek, thence running south three hundred and sixty poles to a red oak, thence east two hundred and eighty-five poles to a red oak, thence north three hundred and sixty poles to a red oak in the said Minge's line, thence by his line west to the beginning; and whereas perpetuities in all well governed States are injurious and particularly contrary to the spirit of our constitution, and as there appears to be no fraud or covin in the foregoing transaction, but that the whole was conducted with the consent and approbation of the heir in remainder.

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 aforementioned deed of Michael Wall and Mary his wife, and David Minge to Thomas Eaton, his heirs and assigns for ever be, and it is hereby declared good and valid, to all purposes whatever, and the whole right, title and interest, of in and to the premises aforesaid, are hereby declared to be fully and intirely vested in Thomas Eaton, his heirs and assigns for ever, agreeable to the intent and meaning of the deed to the said Thomas Eaton; anything either in law or equity to the contrary notwithstanding; but saving and reserving to all others but those claiming by, from or under David Minge, their right and title to the premises aforesaid.

CHAPTER XXXVII.
An Act to vest the Title of a piece or parcel of land lying in Camden County, in Isaac Guilford, and his heirs, in fee simple.

I. Whereas it appears to the satisfaction of the General Assembly, that Isaac Guilford, of Camden county, in the year of our Lord one thousand seven hundred and seventy-three, did purchase of Thomas Macknight, of Currituck county, a certain piece or parcel of land lying in Camden county, containing thirty-five acres, called Shergolds, butted and bounded as follows, to-wit: Beginning at a maple in a line dividing the lands of said Guilford and Macknight, then running north ninety pole to a poplar, then north fifty-five degrees west forty pole to Sanderline's line, then along said Sanderline's line south fifty-five degres west twenty-five pole to a holly, then south one hundred and thirty-two pole to an old marked line called Cornelius Jones's, then along that line about north seventy degrees east about sixty-eight pole to a poplar, then west twenty-one pole to the first station; and did in good faith pay the purchase money thereof unto the said Thomas Macknight, who since the said purchase hath withdrawn himself from this and the United States, and his estate by law hath been confiscated, and hath made no assurance to the said Isaac Guilford to vest the said land in him and his heirs, in fee simple;

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

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Peter Dauge, Thomas Nichols and Nathan Snowdon, commissioners of confiscated property in the said county of Camden, or any two of them be, and are hereby authorised to make and execute unto the said Isaac Guilford a good and sufficient deed of conveyance to him, his heirs and assigns for ever all which proceedings to be at the proper cost of the said Isaac Guilford; and when the said deed should be fully executed, the same shall vest in the said Isaac Guilford, his heirs and assigns, all the rights, title and interest, which this State hath to the said land in virtue of any confiscation law heretofore made, any law or usage to the contrary notwithstanding.

CHAPTER XXXVIII.
An Act to vest certain lands in fee simple in Richard Henderson and others.

I. Whereas, it has appeared to this Assembly, that Richard Henderson, Thomas Hart, John Williams, William Johnston, James Hogg, David Hart and Leonard Henly Bullock, Nathaniel Hart, and John Lutteril, John Carter and Robert Lucas, have been at great expence, trouble and risque, in making a purchase of lands from the Cherokee Indians; and, whereas, it is but just that they should have a compensation adequate to their expence, risque and trouble aforesaid;

II. Be it therefore Enacted by the General Assembly of the State of North Carolina, That two hundred thousand acres be, and are hereby granted to the said Richard Henderson, Thomas Hart, John Williams, William Johnston, James Hogg, David Hart and Leonard Henly Bullock, the heirs and assigns, or devisees of Nathaniel Hart, deceased, and the heirs and assigns or devisees of John Luttrel, deceased, to Landon Carter, heir of John Carter, deceased, his heirs and assigns for ever, and to the heirs and devisees of Robert Lucas; the said two hundred thousand acres to be laid out in one survey, and within the following boundaries, to-wit: Beginning at the old Indian town in Powell's valley, and running down Powell's river not less than four miles in width on one or both sides thereof to the junction of Powell's and Clinch river, then down Clinch river on one or both sides, not less than twelve miles in width, for the aforesaid complement of two hundred thousand acres.

III. Provided, That the aforesaid tract is laid out and surveyed by the grantees before mentioned, on or before the last day of next November, otherwise any person entering and surveying any part or parcel thereof, agreeable to the laws of the State, may and shall obtain a title to the same, anything herein contained notwithstanding; and the said two hundred thousand acres to be divided among the said grantees in the following manner, to-wit: Ten thousand acres at the lower end thereof to Landon Carter, his heirs and assigns forever, and to the heirs or devisees of Robert Lucas; and the remainder thereof in the following manner, to wit; One-eighth part thereof to Richard Henderson, his heirs and assigns or devisees; one-eighth part thereof to Thomas Hart, his heirs and assigns or devisees; one-eighth part thereof to John Williams, his heirs and assigns or devisees; one-eighth part thereof to William Johnston, his heirs and assigns or devisees; one-eighth part thereof to James Hogg, his heirs and assigns or devisees; one-sixteenth part thereof to David Hart, his heirs and assigns or devisees; and one-sixteenth part thereof to Leonard Henly Bullock, his heirs and assigns or devisees; one-eighth part thereof to the heirs and assigns or devisees of Nathaniel Hart, deceased; and one-eighth part to the heirs and assigns or devisees of John Luttrel, deceased; to hold to them, their heirs, assigns, or

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devisees respectively, forever, according to the aforesaid proportion in severalty as tenants in common, and not as joint tenants; and this grant shall and is hereby declared to be in full compensation to the said persons for their charges, trouble and risque, and for all advantages accruing therefrom to this State.

CHAPTER XXXIX.
An Act to encourage John and James Bonner, junior, of Beaufort county, to clear and make a road through the great swamp and marsh, on the south side of Pamplico River, opposite the town of Washington.

I. Whereas, the establishment of a ferry across Pamplico River at the town of Washington, and the clearing a road and making a causeway through the swamp and marsh opposite to the said town, into the old road the nearest and best way, will tend greatly to the encouragement of the commerce and improvement of the said town; and as John Bonner and James Bonner are principal owners of the lands through which the road must pass, and where the ferry should be established, and they having signified to this Assembly their consent and desire to clear and make the said road and causeway at their own expence, provided the property of the ferry might be secured to, and vested in them;

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 said John Bonner and James Bonner are hereby vested with full and absolute power to lay off, or cause to be laid off, opened and cleared, a good and sufficient road from the shore opposite to the said town of Washington, the nearest and best way into the road at present used, at least sixteen feet wide, logged and covered with upland earth where the same may be necessary, and cause the said road to be completed in every respect in a good and sufficient manner, so as to be passable for travellers, waggons, and all other carriages, on or before the first day of November next, and also procure and provide good and sufficient boats and other crafts for the transportation of travellers, their horses, carriages and effects across the said Pamplico River, to and from the said town, that then the property of the said ferry on both sides of the river, to and from the said town shall be, and it is hereby vested in the said John Bonner and James Bonner, their heirs and assigns, for and during the term of ninety-nine years, together with all and singular the profits and emoluments arising therefrom.

III. Provided, That it shall forever hereafter be in the power of the Court of the County of Pitt to ascertain and fix the rates from time to time, as they shall judge necessary to be paid by travellers and others for crossing or passing the said ferry; and in case the said John Bonner and James Bonner shall fail or neglect to compleat and finish the said road, to the satisfaction of the said Court of Pitt county, by reasons to be approved of by the said Court, when a majority of all the justices of the said county are upon the bench, that then it shall and may be lawful for the said Court to cause the said road to be layed off, and grant by their order, the powers and privileges mentioned in this Act to such other person or persons as they shall think proper, who may be willing and desirous to undertake and complete the said road in a reasonable time, to be judged of by the said Court, and in that case the said Court shall, and they are hereby vested with full and absolute power to grant the property of the said ferry to such person or persons who shall agreeable to their order complete the said work, in as full and ample manner as the

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same is by this Act vested in the said John and James Bonners, their heirs and assigns.

IV. And be it further Enacted by the authority aforesaid, That when the said road shall be finished and the ferry established, the proprietor or proprietors thereof shall enter into bonds with good and sufficient security, in the County Court of Pitt, to keep good and sufficient boats, in good repair, and proper attendance at the said ferry, and also shall keep the said road during the said term in good and sufficient repair, and be subject for non-performance of his or their duty, to all the pains and penalties which the laws of this State do now, or may hereafter inflict upon ferry keepers and overseers or commissioners of roads for neglect of duty.

CHAPTER XL.
An Act to amend an Act, intituled, “An Act to vest the property of a bridge or causeway in Gideon Lamb, and his heirs, by him already built through the great Dismal Swamp, from Lebanon to Camden, for the term of twenty-five years.”

I. Whereas, the said Gideon Lamb and his heirs, are by the said recited Act impowered to keep a sufficient gate on the said bridge or causeway, for the purpose of taking toll; and whereas, by the said recited Act the said Gideon Lamb, his heirs or assigns, are under no obligation to keep the said bridge or causeway in good and sufficient repair, and fit for travellers to pass with safety; and whereas it appears from the petition of a great number of the inhabitants in the invirons thereof, that the said bridge and causeway now is, and always hath been since the passing of the said Act, in a ruinous and dangerous condition, and is liable to become intirely useless to the public; 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 the justices of the Court of Camden county are hereby authorised and impowered, at the first Court held for the said county after the passing of this Act, to nominate and appoint three respectable freeholders to view and inspect the said bridge and causeway, which freeholders or any two of them are hereby required to make a return to the next Court held for the said county on oath, of the state and condition of the said bridge and causeway, at the time of their viewing the same, and if it shall appear to the satisfaction of the said Court that the said bridge and causeway, or any part thereof, is out of repair, and unfit for travellers and carriages to pass and repass with safety, the said Court is hereby authorised and impowered to order the heirs, executors, or assigns of the said Gideon Lamb, to pull down the said gate, or any other impediment which may be erected thereon, which order shall be certified by the clerk of the said Court, and served by the sheriff of the said county.

III. And be it Enacted by the authority aforesaid, That it shall not again be lawful for any person or persons to set up any gate or other impediment on the said bridge or causeway, until it shall be made to appear to the said Court by two or more freeholders on oath, that the said bridge and causeway appears to be in good and sufficient repair, and fit for travellers and carriages to pass without difficulty.

IV. And be it further Enacted by the authority aforesaid, That if the heirs, executors or assigns, of the said Gideon Lamb shall neglect putting the said bridge and causeway in good and sufficient repair, to the satisfaction

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of the said Court, within two years after the passing of this Act, then the before recited Act to be null and void to all intents and purposes whatsoever, any law or usage to the contrary notwithstanding.

CHAPTER XLI.
An Act to vest the title of certain lands, and other property therein mentioned, in Thomas Cotton, James Cotton, and their sister.

I. Whereas, by an Act of Assembly passed at New Bern, in the year one thousand seven hundred and seventy-seven, commonly called the Act of Confiscation, and by other acts made since that period, all the estate, real and personal, of a certain James Cotton is declared confiscated, and directed to be sold for the use of the State; and, whereas, it appears to the General Assembly that Thomas Cotton and James Cotton (who were minors at the time the aforesaid James Cotton incurred the pains and penalties of high treason) have on all occasions since they became of age to act for themselves, behaved as good and faithful citizens, and on all occasions exerted themselves in defence of this State, and the liberties thereof; and, whereas, justice and humanity forbid the involving the innocent and deserving with the guilty;

II. Be it therefore Enacted by the authority of the General Assembly of the State of North Carolina, That the aforementioned Acts, commonly called Confiscation Acts, be and are hereby declared repealed and void, so far as it relates to the estate, real and personal, of the said James Cotton, not heretofore sold agreeable to law; and all the estate, real and personal, of the said James Cotton is hereby declared to be vested in his sons, Thomas Cotton, James Cotton, and their sister, to them, their heirs and assigns forever, to be equally divided between them; any law to the contrary notwithstanding.

CHAPTER XLII.
An Act for vesting the title of certain lands herein mentioned, in Ralph Miller, his heirs and assigns.

I. Whereas, it hath been made appear to the satisfaction of the General Assembly, by sundry affidavits, &c., exhibited by Ralph Miller, that the register's office of Bladen county hath been burnt wherein the said Miller's deeds were registered, and that the house of the said Ralph Miller hath been also burnt by accident, and his said deeds for certain lands, to-wit: Four hundred and twenty acres situate in Bladen county, on the south side of the Northwest River, joining the lands of John Clayton, beginning at a black oak on the river, running thence by a line of marked trees south forty-five degrees west four hundred and fifty poles to a postoak, thence south forty-five degrees east one hundred and eighty poles to a small pine, thence north forty-five degrees east to the river, thence up said river to the first station; from which accident of the fire the said Ralph Miller hath no legal assurance for the before recited lands; 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 the said Ralph Miller be, and he is hereby invested with absolute right in fee simple, of and to the before recited tract or parcel of land, containing four hundred and twenty acres aforesaid, in as full and ample manner as he

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would have been if the said deeds and records had never been burnt or destroyed.

CHAPTER XLIII.
An Act for establishing two public schools in the county of Onslow, and for other purposes.

I. Whereas, the establishing of public schools at convenient places for the education of youth will be attended with great advantages to the inhabitants of this 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 George Mitchell, Reuben Grant, William Nelms, Joseph Lillibridge and John Pasteur, esquires, be and they are hereby constituted and appointed trustees, with full power and authority to receive into their hands and possession all monies which have been heretofore or may hereafter be subscribed for the purpose of erecting a public school in the village commonly called New-Town at the mouth of White Oak River, in Onslow county, and to ask for and demand of the several subscribers all sums by them respectively subscribed; and in case of refusal by any of them to pay the same, to sue for and recover by action of debt in the name of the trustees, the sum which the person so refusing shall have subscribed, in any jurisdiction having cognizance thereof, and the monies when collected and received to be applied by the said trustees, or a majority of them, towards purchasing a lot of ground in the aforesaid village, and for erecting thereon a suitable and convenient house, to contract with and employ tutors, and to perform every act and thing they or a majority of them, shall think necessary for the advancement and promotion of the said school.

III. And be it further Enacted by the authority aforesaid, That the said village called New-Town shall be, and it is hereby erected into a town by the name of Swansborough, and that the trustees for the school aforesaid shall be, and they are hereby appointed commissioners of the said town; and in case of the death, removal, refusing or neglecting to qualify as such, it shall and may be lawful for the remaining part, or majority of them, to nominate and appoint others in their stead, and the said commissioners each of them shall before entering upon their said office, take the following oath; “I, A. B., do swear that I will execute the office of a commissioner for the town of Swansborough faithfully, impartially, and truly, without favour, affection or prejudice, and that I will to the utmost of my power in all things act for the good of the said town, and the well governing of it, to the best of my skill and judgment.”

IV. And be it further Enacted by the authority aforesaid, That the commissioners or a majority of them shall appoint an overseer every first Monday in January annually for the said town, which overseer shall summons all male taxable inhabitants thereof to clear, repair and keep in order the streets, lanes and passages, belonging to the said town, and any person refusing or neglecting to work on such summons, or furnish a good and sufficient hand or hands in his or their place, with proper tools to work with, shall forfeit and pay five shillings specie per day for every day he or they shall so refuse or neglect, to be recovered in the same manner as the fines and forfeitures are to be recovered by overseers of the roads, and the monies so recovered shall be applied towards hiring labourers to clear and repair the streets, lanes and passages, or any other public work to be done in the said

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town, and every overseer appointed as aforesaid refusing or neglecting to serve as overseer of the said town, shall forfeit and pay for every such refusal forty shillings specie, to be recovered and applied as above.

V. And be it further Enacted by the authority aforesaid, That every person exempt by law from working on public roads, shall not be themselves compelled to work on the streets, lanes, or passages in the said town.

VI. And for the better regulating the said town of Swansborough, Be it Enacted by the authority aforesaid, that the said commissioners or a majority of them, shall have full power and lawful authority to pass such necessary rules and orders as to them shall seem meet for removing all nuisances within the bounds of the said town, for persons to remove dirt and rubbish from before their doors, to grub and clear their lots, for pulling down all wooden chimnies already built in the said town, and prevent the building thereof for the future, in order to prevent danger by fire.

VII. Provided, That six months' notice be given to the owners of such chimnies as are already built, to pull down the same, and for all other things as may tend to the advantage of the said town, so that the same be not repugnant, but as near as may be agreeable to the laws of this State.

VIII. And be it further Enacted by the authority aforesaid, That the Honourable Edward Starkey, esq., James Howard, Frederick Hargett, Lewis Williams, William Shackleford and Daniel Yates, esquires, be and they are hereby constituted and appointed trustees, with full power and authority to receive into their hands and possession, all monies which have been heretofore, or may hereafter be subscribed for the purpose of erecting a public school at or near the Rich Lands of New River, in the county of Onslow aforesaid, and to ask for and demand of the several subscribers all sums by them respectively subscribed; and in case of refusal by any of them to pay the same, to sue for and recover by action of debt in the name of the trustees, the sum which the person so refusing shall have subscribed, in any jurisdiction having cognizance thereof, and the monies when collected and received to be applied by the said trustees, or by a majority of them, towards purchasing three acres of land at or near the aforesaid Rich Lands of New River, and for erecting thereon a suitable and convenient house, to contract with and employ tutors, and to perform every act and thing which they or a majority of them shall think necessary for the advancement and promotion of the said school; and in case of the death, removal, refusing, or neglect of any of the said trustees, it shall and may be lawful for the remaining part, or a majority of them, to nominate and appoint others to act in their stead.

CHAPTER XLIV.
An Act to incorporate trustees for two accademical schools in the district of Morgan.

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 Mr. James Templeton, president, and Waightstill Avery, Charles McDowall, William Moore, Alexander Irwin, James Greenlie, Benjamin Ellage, Abraham Denton and David Vance, esquires, be and they are hereby formed and incorporated into a body politic and corporate, by the name of president and trustees of Morgan Accademy, in the county of Burke, and by that name shall have perpetual succession and a common seal, and the said president and trustees, and their successors shall take the same oath for their qualification, mutatis mutandis, and shall have, hold, exercise and enjoy, all the powers, authorities

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and privileges, which the president and trustees of Liberty Hall, in the county of Mecklenburg, possess and are invested with by virtue of an Act of Assembly for their incorporation, passed the ninth day of May, in the year of our Lord, one thousand seven hundred and seventy-seven.

II. And be it further Enacted by the authority aforesaid, That Mr. John Causon, president, and Messrs. Hezekiah Balch, Samuel Doak, William Heuston, James Heuston, Thomas Stewart, Daniel Kenady, Landon Carter and Robert Erwin, trustees, be and are hereby formed and incorporated into a body politic and corporate, by the name of president and trustees of Martin Accademy, in the county of Washington, and by that name shall have perpetual succession, and a common seal; and the said president and trustees, and their successors shall take the same oath for their qualification, mutatis mutandis, and shall have, hold, exercise and enjoy all the powers, authorities and privileges, which the president and trustees of Liberty Hall, in the county of Mecklenburg, possess and are invested with by virtue of said Act for their incorporation, passed the ninth day of May, one thousand seven hundred and seventy-seven; and each respective treasurer appointed by virtue of this Act, shall perform the same duties, be liable to the same restrictions and give bond in the same manner as the treasurer appointed by the above recited Act is required.

III. Provided, nevertheless, and be it further Enacted by the authority aforesaid, That this Act, or any thing herein contained, shall not extend or be understood to make these accademies, or either of them, one of those seminaries mentioned in the constitution, to oblige this State to support any president, professor or tutor of either of the said accademies, or other charge or expence thereof whatsoever.

CHAPTER XLV.
An Act to keep open Roanoke River for the passage of fish up the same, and other purposes therein mentioned.

I. Whereas, it is represented to the General Assembly that the free passage of fish up Roanoke River, is prevented by the erecting of dams and other stoppages across the said river; for remedy whereof,

II. 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 every person or persons who have erected or built any ware, dam or stoppage, across the river aforesaid, shall destroy and remove so much thereof, within six months after passing this Act, as to leave one-fourth part of the river open in the middle of the same, for the passage of fish, and on failure or neglect shall pay the sum of twenty-five pounds specie for every twenty-four hours such dam or ware, or other invention shall stand after the term aforesaid.

III. And be it further Enacted by the authority aforesaid, That from and after the passing of this Act no stands, dams, wares, or other stoppages, shall be erected so as to take up more than three fourths of the river, leaving one-fourth in the middle open; and any person erecting wares, dams or other inventions, contrary to the intent and meaning of this Act, shall forfeit and pay the sum of one hundred pounds specie.

IV. And be it further Enacted by the authority aforesaid, That all penalties mentioned in this Act shall be recovered against any person or persons who may incur them, in any court of record by any person who will sue for the same, one-half to be applied to his or their own use, and the other half

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for the use of the county wherein the plaintiff resides. Provided, That nothing herein contained shall extend, or be construed to extend to pulling down or destroying any water grist mill, which may be on Roanoke River, anything herein contained to the contrary notwithstanding.

V. And be it Enacted by the authority aforesaid, That Alexander Mebane, John Nichols and John Taylor, are hereby appointed auditors for the district of Hillsborough, to settle and adjust all public accounts and claims in the said district, and to be intitled to the same pay, and to be vested with the same power, and under the same restrictions in every respect as the district auditors are who have been appointed in the different districts in this State; and that so much of an Act passed at the last General Assembly as comes within the purview and meaning of this Act, is hereby declared to be void.

CHAPTER XLVI.
An Act authorizing James Davis, Esquire, to revise, print and publish all the Laws now in force and use in this State, for appointing a Public Printer and other purposes.

(Body of Act lost. Note.—This revisal was never executed. See ch. 4, 1787.—Editor.)

CHAPTER XLVII.
An Act for establishing a Town on the land formerly belonging to William Best, at the place where the road leading from Salisbury to the Cheraws crosses the road leading from Mask's Ferry to Camden in Anson County.

I. Whereas it hath been represented to this Assembly, that in the year one thousand seven hundred and eighty-two seventy acres of land was purchased from William Best, by Captain Patrick Boggan for a town, and the public buildings of said county, and the said Patrick Boggan hath entered into bond to convey the said lands as he shall be directed by the Legislature, which said seventy acres of land hath been laid out into half acre lots with streets, &c. and an accurate plan thereof made representing the streets, and the number of each lot, and seventy lots have been subscribed for and drawn by the purchasers, who are desirous to improve the plan, provided it be established into a town by authority of law;

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 said seventy acres of land be, and the same is hereby constituted erected and established a town, with streets, &c., as the same was represented by the said plan and shall be called by the name of New Town.

III. And be it further enacted by the authority aforesaid, that the lots number sixteen and forty-six, shall be deemed saved lots, for the use of the public county buildings, and the said Patrick Boggan is hereby directed to make over the said lots by conveyance to the respective purchasers, with condition to be void on failing to build a house of not less dimensions than twenty feet by sixteen, with a stone or brick chimney, within two years from the date of the deed, and in every case where such failure shall happen, the lot shall be sold again.

IV. And be it further Enacted by the authority aforesaid that all the monies arising from the sale of the said seventy lots, and the sales of the forfeited lots, shall be paid into the hands of the commissioners heretofore appointed by law for building the court house, prison and stocks, for the

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said County of Anson, according to the agreement of the said Patrick Boggan, and the several purchasers of lots.

CHAPTER XLVIII.
An Act for cutting a Canal from Clubfoot's Creek to Harlow's Creek to open a communication between Neuse River and the navigation of old Topsail Inlet.

I. Whereas the opening a communication by cutting a navigable canal from Clubfoot's Creek to Harlow's Creek will tend to promote and encourage the navigation and commerce of the State by opening a more easy and safe conveyance for the produce of great part of this State, to the navigable and safe harbour of Beaufort;

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 John Benners, John Jones, Christopher Neale, John Easton, Enock Ward, Dedrick Gibbler and William Bourden be appointed commissioners for overseeing, designing and laying out the said canal and are hereby impowered to lay off, plan and design the same, from Clubfoot's Creek to Harlow's Creek in the manner which to them shall seem best, to perfect the navigation thereof.

III. And whereas several public spirited gentlemen being willing to further a work of such an interesting nature to a commercial country, have offered to contribute to the same; be it therefore enacted by the authority aforesaid, that the said commissioners or a majority of them, are hereby impowered from time to time to receive subscriptions from any person or persons who may be willing to contribute to the said undertaking, and that when any sum or sums of money shall be subscribed therefor, and the same not being regularly paid, the said commissioners or a majority of them, are hereby authorized to commence actions for the same, in any jurisdiction having cognizance thereof to prosecute the same to a full recovery of all such sum or sums of money so subscribed.

IV. And be it further Enacted by the authority aforesaid, that it may and shall be lawful for the said commissioners and they are hereby authorized and impowered to cut the said canal through any person's land where it shall be necessary to continue and carry the same, any law, usage or custom to the contrary notwithstanding. Provided nevertheless, that all damages occasioned by cutting the said canal through the lands of any person shall be valued by the county court, or by three freeholders on oath, to be chosen by the court, which value shall be paid unto the proprietors of such land by the commissioners mentioned in this Act.

V. And be it further Enacted by the authority aforesaid, that the said canal when cut, and the lands appropriated for this purpose, shall be and remain for ever thereafter for the use of the public, and shall be free from all tolls whatsoever.

CHAPTER XLIX.
An Act for appointing Commissioners for selling the Lot, No. Forty-four, in Warrenton, whereon the Public Granary now stands, and other purposes.
(Body of Act not to be found.)

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CHAPTER L.
An Act for altering the name of Jonathan Bronnocks to that of Jonathan Bryant.

I. Whereas Jonathan Bronnocks, of Onslow county, in this State, the son of Bethuty Bronnocks, now the wife of John Evans, has from the time of his nativity hitherto been called by the name of Jonathan Bronnock, and whereas for special and urgent reasons the said Jonathan Bronnock aforesaid, hath earnestly petitioned and prayed that the name of the said Jonathan Bronnock may be altered to the name of Jonathan Bryant by an Act of Assembly for that purpose;

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 from and after the ratification of this Act, the name of the said Jonathan Bronnock shall be altered to the name of Jonathan Bryant, and that the said Jonathan Bronnock shall from thenceforth be called and known by the name of Jonathan Bryant, and that by the name of Jonathan Bryant he shall be, and he is hereby enabled to receive, possess and enjoy, any and every devise, bequest, legacy, estate, right, title, interest and property of, in, and to any lands tenements hereditaments, goods, monies, sum or sums of monies, credits or chattels whatever, which shall or may be given, granted, assigned, conveyed or made payable to him in the said name of Jonathan Bryant, and by virtue of any last will and testament, deed, bill of sale, conveyance, bond, obligation, bill, promissory note, or other writing of assumption, of or from any person or persons whatsoever and that by the said name of Jonathan Bryant he shall and may sue and recover and be sued and impleaded in any action or suit, as well at law as in equity or otherwise, and may therein plead, answer and defend, in as full and ample manner to all intents and purposes, and that by the name of Jonathan Bryant, he shall and may from the said ratification of this Act in all things whatsoever be subject to the same restrictions and intitled to the same privileges, benefits, and emoluments, as if he had from the time of his nativity hitherto been called and known by the said name of Jonathan Bryant, and no other name.

CHAPTER LI.
An Act for dividing Washington County into two distinct Counties, and erecting a County by the name of Green.

I. Whereas the large extent of the County of Washington, renders the attendance of the inhabitants on the extreme parts of the said county to do public duties, extremely difficult and expensive;

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 from and after the passing of this Act the county of Washington shall be divided into two distinct counties, by a direct line beginning at William William's in the Fork of Horse Creek, at the foot of the Iron Mountain, thence a direct course to George Gallespie's house, at or near the mouth of Big Limestone, thence a north course to the line which divides the counties of Washington and Sullivan, thence from the said line, to the Chimney-Top Mountain, thence a direct course to the mouth of Cloud's Creek in Holstein River; and all that part of Washington county westward

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of the said line, from and after the passing of this Act, shall be and is hereby declared to be a distinct county by the name of Greene.

(The remainder unnecessary to be inserted.)

CHAPTER LII.
An Act to erect a County adjoining the line of Virginia, including a part of Cumberland River.

I. Whereas a considerable number of inhabitants have settled on the lands on Cumberland River in this State, at a very great distance from any place where county courts are held, and it is represented that erecting a county to include the said inhabitants, and appointing courts to be held among them, would be very beneficial and advantageous: Therefore for the general good of the said inhabitants,

II. 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 that part of this State lying west of the Cumberland mountain and south of the Virginia line, beginning on the top of Cumberland mountain where the Virginia line crosses, extending westward along the said line to Tennessee River, thence up said river to the mouth of Duck River, then up Duck River to where the line of marked trees run by the commissioners for laying off land granted the Continental line of this State intersects said river (which said line is supposed to be in thirty-five degrees fifty minutes north latitude) thence east along said line to the top of Cumberland mountain, thence northwardly along said mountain to the beginning, shall after the passing of this Act be, and is hereby declared to be a distinct county by the name of Davidson.

III. (Unnecessary to be inserted.)

IV. And be it further enacted by the authority aforesaid, that the County Court of Davidson shall appoint an entry-taker for the purpose of receiving entries of lands for those who are allowed pre-emptions by the law for laying off lands granted to the Continental line of this State; And as it has been suggested that the inhabitants of the said county have no specie certificates they shall be at liberty to pay at the rate of ten pounds specie or specie certificates per hundred acres, for the aforesaid pre-emptions, and shall be allowed the term of eighteen months to pay the same, and that the heirs of all such persons who have died, having rights of pre-emptions as aforesaid, shall be allowed the term of one year after coming of lawful age, to secure their pre-emptions. Provided, that no grants shall be made for said lands until the purchase money shall be paid into the proper office.

CHAPTER LIII.
An Act for fixing on a place in the County of Anson for building a Court House, Prison and Stocks, and for other purposes therein mentioned.

I. Whereas it hath been presented to the General Assembly by the petition of a large majority of the inhabitants of Anson county, that they labour under great hardships, and are much distressed for want of a court house, prison and stocks in said county; and whereas the commissioners appointed by an Act of the last session of Assembly for finding the centre of said county, and fixing on a place for the public buildings thereof, agreed and

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concluded on a place for the same, which is conceived to be much to the disadvantage and greatly inconvenient to the inhabitants in general of said county;

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 commissioners appointed in the before recited Act be, and they are hereby impowered and directed to contract and agree with workmen, and to build a court house, prison and stocks, for the county of Anson, on the land whereon William Best formerly lived, on a certain seventy acres laid off for that purpose, and the purpose of erecting a town.

III. And be it further Enacted by the authority aforesaid, that the said commissioners are hereby directed, and required to receive all such monies as may arise from the sale of lots laid off at the place aforesaid, and to apply and pay the same towards compleating the public buildings.

IV. And be it further Enacted by the authority aforesaid, that the lands conveyed by Thomas Lacey, Jesse Miller, and Job Benton, to the public for the use of the public buildings, at the place formerly agreed on by the commissioners for which no consideration was paid be and are hereby declared to be and remain the absolute property in fee simple, of the said persons, each their respective parts.

CHAPTER LIV.
An Act for building a Court House and Prison in Elizabeth-Town, in the County of Bladen.

(Body of Act not to be found.)

CHAPTER LV.
An Act for appointing Commissioners to fix on a place for building a Court House, Prison and Stocks in the County of Randolph, and for other purposes.

I. Whereas the commissioners heretofore appointed by law for fixing on a place to build a court house, prison and stocks, in the county of Randolph have failed to discharge the trust reposed in them;

II. 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 Aaron Hill, James Dugan, Zebedee Wood, Robert McLaine, Samuel McLaine, be and they are hereby appointed commissioners for the purposes aforesaid, and that they or a majority of them be, and they are hereby impowered and required to agree and contract for five acres of land in the said county, as near the center as they or a majority of them shall think best, and also to contract with workmen to build a court house, prison and stocks on the same.

(III. and IV. not to be found.—Ed.)

V. And be it further enacted by the authority aforesaid that from and after the passing of this Act the county courts, general musters, and elections, shall be held at the former dwelling house of William Bell, until the public buildings of said county shall be compleated, any law to the contrary notwithstanding.

(The last section missing.—Ed.)

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CHAPTER LVI.
An Act for establishing a Court House, Prison and Stocks at the place whereon they are now erected on the plantation of Henry Monger, in Montgomery County.

I. Whereas it is represented to this General Assembly by the petition of a large number of the inhabitants of Montgomery county, that they labour under considerable inconveniences in not having the public buildings of said county fully fixed and established, by reason of the party disputes subsisting in said county;

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 from and after the passing of this Act, the court house, prison and stocks, for the said county of Montgomery, be hereby declared to be fixed and established on fifty acres of land whereon they are now built which was laid off and contracted for by commissioners appointed for that purpose.

III. And be it further enacted by the authority aforesaid, that the proprietor of the land and ferry over the Yadkin, opposite the mouth of Uaree in consequence of his petition, and a number of others the inhabitants of said county for that purpose, and for the encouragement of said buildings at the said place, be hereby compelled to keep a public ferry with good and sufficient attendance at the said place, for all persons in the county concerned, passing and repassing on the days and at the times of all public meetings, elections, courts, &c. of the county aforesaid.

IV. And be it further enacted by the authority aforesaid, that all Acts of Assembly heretofore made that comes within the purview of this Act be hereby repealed.

CHAPTER LVII.
An Act for levying a tax of one shilling specie on every hundred pounds value of taxable property in Warren County, for the purpose of building a Court House, Prison and Stocks for the use of said County.

(Body of Act not found.)

CHAPTER LVIII.
An Act for levying a Tax of one Shilling Specie on every Hundred Pounds value of Taxable Property in Franklin County, for the purpose of building a Court House, Prison and Stocks and other purposes, for the use of the said County.

(Body of Act not found.)

CHAPTER LIX.
An Act for levying a Tax on every Hundred Pounds value of Taxable Property in the County of Lincoln, for the building a Court House, Prison and Stocks for the use of said County.

(Body of Act not found.)

Read three times, and ratified in General Assembly, the seventeenth day of May, Anno Dom. 1783.

Signed by
RICHARD CASWELL, S. S.
EDWARD STARKEY, S. C.



Additional Notes for Electronic Version: In the original printed session laws for this assembly, Chapter III, Section VII reads: "?thence south fifty five miles?" rather than "?thence south fifty miles?" as in the Colonial and State Records version.