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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1701
North Carolina. General Assembly
1701
Volume 25, Pages 142-148

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LAWS OF NORTH CAROLINA--1701.

(P. R. O.—B. T. Proprieties 6.)

An Act to Raise ye Cur't Coyne for ye Promoting of the Currancy of Heavy Money.

Whereas, it is hereby Enacted by his Excellency John Earle of Bath Pallatine and the rest of the true and absolute Lords and Proprietors of this Province By and with ye advice and Consent of ye Rest of ye Members of The Generall Assembly Now mett att Charlestowne for ye South West part of this Province.

I. That all Spanish pieces of Eight of fine Silver Mexico, Civill and Pillar weighing Twelfes peny weight shall be Cur't Money of South Carolina and pass at 5s. ye piece, and all half pieces of ye sd. Coynes weighing six peny weights shall be Cur't Money and pass att 2s. 6d., and all Double Royalty at 15d and Single Royalty att 7 1-2d and all pieces of Eight of ye aforesaid Coynes from 12d to 17d Weight shall pass and be Currt. Money of the Province att 1-2 R each peny weight from 12d to 17d weight, and all half pieces of ye Sd Coynes In proportion, and that all Dollars and half Dollars not unlightened nor counterfeited shall pass and be Currt. Money of South Carolina at 5s. the Dollar and 2s. 6d. ye half Dollar, and that all perue peces thirteen peny weights and upwards and half ps of ye sd. Coynes shall pass and be Currt. at ye same Rate as ye Dollars.

II. The English Crowne att 12 Royalty and the French Crowne and Rix Dollars shall be Currt. Money of this part of this Province and pass att ten Royalls and half and all Lesser peices of ye sd. coynes shall be Currt and pass in proportion.

III. And that all pieces of Coyned Gold common called pistoles and Lewedors wd 4d weight shall pass and be Curr't att 25s. And that all Arabian pieces of Gold wt. 2d weight shall be Curr't and pass att 12s. 6d. and ye English Guinea att 32s. 6d. a piece and so In proportion for a greater or Lesser Quantity, and that all Money's of New England Coyne shall be Curr't Money and pass in Carolina ye shilling of ye sd. Coyne for 12d and every other pieces of that Coyne, shall proportionably pass after the Rate or value, provided ye same be unfiled, unclipt, unlightened nor Counterfeited and adulterated and not otherwise.

IV. And be it further Enacted by ye authority aforesayd yt any money of any Coyne whatsoever which is or shall be plaged shall not be Currt. nor pass in this part of this Province.

Endorsed.—Carolina

Extract of an Act lately past in Carolina, relating to the currency and Rate of several Coins there.

Delivered to the Board by Mr. Micajah Perry.

Recd. Read.—July 22nd, 1701.

An Act for the Better Regulating the Proceedings of the Court of Admiralty in Carolina and the Fees for the Same.

Whereas, in Order to the due Administration of Justice all Courts of Judicature ought to have settled known Rules and Orders for Practice That soe the Plaintiff may know how to prosecute and the Deffendt. to

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deffend And for as much as the Court of Admiralty in this Province Hath not yet had any Settled and Known Rules and Orders for Practice Whereby the Plaintiff and Defft. are both left at great uncertaintys, ffor the Prevention of which Evil

I. Be it Enacted By the Rt. Honoable. John Earle of Bath, Palatine, and the rest of the true and absolute Lords and Proprietors of this Province By and with the Advice and Consent of the rest of the Members of the general Assembly now mett at Charles Towne ffor the South West part of this Province,

That the following Rules and Orders shall be duely and respectively put in Execution, Observed and Obeyed in manner hereafter mentioned

No. 1. That in all Warrants or Originall Mandates of Arrest out of the said Court of Admiralty there be tenn days Allowed between the date and Returne

No. 2. That if any Person be Arrested by Warrant or Original Mandate of the Judge of the Admlty. That the Bail Bond to the Marshal shall be for his Personal Appearance att ye day of ye Return of the Warrant Provided there be five days from the time of ye Execution of ye Warrant to the Returne. Otherwise the Person arrested shall give Bond to Appear on the fifth day after the Execution of ye Warrt. Provided it be not Sunday, Otherwise the next Lawday following and the day to be Ascertained in ye said Baile Bond together with ye Place where the Court of Admiralty is usually Held.

3. That on the day of Appearance the Deffendt. shall give Caution by Entring into Bond to the Plaintiff in the Panal Sume of ye Action to Abide the Judgmt. of ye Court and to Pay Costs, if Cast, And the Plaintiff att ye same time and Place shall give Bond to the Defft. in the paenal Sume of One Hundred Pounds to pay Costs in Case he faile in ye Suite, And the said Bonds shall be Entered into before the Register of the Court of Admlty.

4. That on the same day of Appearance the Plaintiff shall offer his Libell against ye Defft.

5. The Libell being Offered the Deffendt. shall have Ten days time allowed him to put in his Exceptions or Answer to ye said Libell giving ye Deffendt. or his Proctor or Attorney Notice a day before.

6. The Plaintiff shall have five days time allowed to Reply to ye Exceptions.

7. And five days after ye Exceptions shall be argued before the Judge, And if the Exceptions are allowed good the Plaintiff shall pay ye whole Costs of ye Suite.

8. In Case the Exceptions are Overruled then the Defft. shall pay the Charges of the Plaintiff relateing to the Exceptions And shall be Obliged to put in a Positive Answer to the Libell within ten days after ye Decree made for Overruling ye Exceptions but he may putt ye same in Sooner, if he pleases giveing ye Deffts. Proctore or Attorney Notice ye day before.

9. In Case the Deffendt. doth not put in his answer within tenn days then the Cause to be decreed against him, And a Writt of Enquiry of Damages shall be granted.

10. If the Deffendt. make an Insufficient Answer the Plaintiff shall have five days time allowed him to Except against ye answer and the Exception being filed in ye Registers Office The Defendt. shall answere the Exceptions in three days time and shall be heard before the Judge in two days after Notice of ye same by Rule being given to ye Defft. his Proctor or Attorney.

11. If the Judge doth allow ye Exceptions and Pronounce ye Answer (to be Insufficient) He shall Order the Deffendt. to make a fuller answer to

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ye Plaintiff's Libell, and shall further Order ye Deffendt. to pay costs of the Plaintiff for such his Insufficient Answer.

12. And if the Defft. shall Exhibit a Second Answer that upon Exceptions taken against it by the Plaintiff the Judge shall again Pronounce to be Insufficient and that he thinks ye same to be made purposely for Delay, Then it shall be lawfull for ye Judge to Decree the Cause against the Deffendt. And a Writt of Enquiry of Damages shall be awarded against ye Defft.

13. The Answere to the Libell being Exhibitted into ye Register's Office If no Exceptions be filed against ye same in three days time the Plaintiff or Defft. or both shall bring all such Witnesses as they suspect are a goeing to leave this Province before the time of ye Sitting of the next Court of Admiralty to be Examined before the Judge or by lower Commiss. Es. two whereof to be Nominated by the Plaintiff on his Behalfe And two by the Defft. on his behalfe which Commission for the Examination of Witnesses shall be Returned into ye Registers Office in Six days after the date thereof.

14. The Plaintiff or Deffendt. at any time after ye Exhibitting ye Answere may take out a Summons for any Witnesses they desire should be publickly Examined in Court to appear at ye next Court.

15. The Commission for the Examination of Witnesses being returned ye Sixth day after, if not Sunday, The Court of Admlty. shall be held for Tryall of ye Cause.

16. If no Exceptions be taken against ye Answer of ye Defft. within ye time limitted, and no Commission is taken out to Examine Witnesses, Then within ten days time after such Elapsing ye time of fileing ye Exceptions and takeing out a Commission to Examine Witnesses, The Court of Admiralty shall be Held for Tryall of ye Cause.

17. If the Deffendt. doth deny ye Matter of ye Plaintiffs Libell and put himself upon ye Country, a jury shall be summoned to Try ye fact And the Damages the Plaintiff hath Susteyned, And in Case the Substance of the Libell is confest, in the Deffts. Answer, and matter of Justification is Pleaded, if ye Plaintiff do Except against ye Justification of the Defft. as not being Sufficient Judgement be given against ye Deffendt. that the Plaintiff shall recover against him, Then a Jury shall Enquire of the Damages And the Writ of Enquiry of Damages shall be granted in open Court by the Judge of the Admiralty and shall be Executed in open Court upon ye day of ye Returne of the Mandate or Writt of Enquiry, And three days time shall be allowed between ye Test and Return of ye said Writt or Mandate.

18. That three days time be allowed between the Verdict and the final Decree of ye Court.

19. If upon any Warrt. or Original Mandate of Arrest out of ye Court of Admiralty in Carolina, the Officer to whom it is directed shall Returne that he Cannot find the Person it shall be Lawfull for the Judge of the Admiralty or his Deputy to grant a Warrt. to arrest ye Goods of such Defft. where they can be found Either in his owne or Others hands In which Warrt. ten days shall be allowed between ye Date and the Returne.

20. The Officer that Executes such Warrt. shall give notice to all Persons present and those in whose Custody Goods are, that he doth peremtorily Cite ye Defft. and all other Persons haveing or Pretending Right to ye said Goods That they appear at ye Court of Admiralty ye day of ye Returne of ye said Warrant to answer the Plaintiff.

21. And the Officer shall make a true Returne of ye Execution of ye said Warrant with a Schedule of ye Goods arrested.

22. If no Person shall appeare to Lay Claime to ye said Goods arrested,

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Then the Persons Cited shall be decreed Contumacious and to have fallen into ye first default.

23. And if they appear not in Six days after, then to be Pronounced to have fallen into ye Second Default.

24. And if they Appear not in Six days after, then to be pronounced to have fallen into ye Third default.

25. And if they appear not in Six days after, then to be pronounced to have fallen into ye fourth default.

26. And then the Judge of ye Admiralty shall Decree the Goods arrested to ye Plaintiff who shall have Liberty to sell and dispose of ye same towards ye discharge of his Debt. The Said Goods being first appraised and the Plaintiff having made Oath of his Debt and produced what Proof he hath of ye same, as Obligations, Bills, Notes, &c. And given Security to ye Judge of ye Admiralty that if any Person Except the Defft. shall lay claime to ye said Goods in a yeare and a day's time he shall Abide ye Decree of ye Court.

27. If the Defft. whose Goods are arrested doth appeare and give Caution in double ye Sum of ye Action to abide ye Decree of ye Court his Goods shall be again delivered to him and the plaintiff at ye same time shall give Security to pay Costs in Case he faile in his Suite And shall offer his libell and shall proceed in all things as above directed where ye person is arrested.

28. If any Person doth appear and lay Claim to ye Goods arrested and profe them to belong to him He shall have them adjudged to him, And the Plaintiff shall pay him Costs if he doth not prove they belong to him, Then he shall pay the Plaintiff Cost, And Security shall be given both by the Plaintiff and Deffendt. in ye Sume of Tenn pounds to pay ye Costs as adjudged, and the Goods to Remaine under Arrest till decided Except ye Person that lays Claime to them give Security to ye Value of ye said Goods, who upon such Security shall have them delivered to him and the Person that lays Claim to ye said Goods shall offer his Allegation of his Right to the said Goods soe Arrested.

29. And the Plaintiff att whose Suite they are arrested shall Plead to ye same in three days time at furthest and then ye Process shall be ye same as in other Civil Causes.

30. If any new matter or thing shall arise that doth not fall exactly within ye aforesaid Rules the Judge of the Court of Admiralty in Carolina or his Deputy shall proceed as near as conveniently may be agreeable to ye aforesaid Rules and ye Practice of the Court of Admiralty always allowing the Plaintiff reasonable time to Prosecute and the Defft. time to make his defence And always in Civil matters Accepting Securities for ye Discharge Either of ye Person or their Goods or Effects.

31. And be it further Eenacted by Authority aforesaid That if ye Judge of ye Court of Admiralty in Carolina or his Deputy or Deputyes Assistant or Assistants shall make any Breach of any of the Rules and Orders Contained herein, That he or they shall forfeit to the Party grieved his full Damages with Double Costs of Suite, To be recovered as aforesaid.

II. And be it further Enacted by Authority aforesaid That in all Cases wherein any Offence is Committed by the Depty. Judge or Judges of the Court of Admiralty against ye true Intent and Meaning of this Act, And a Forfeiture is given to Person or Persons grieved for ye same It shall be lawfull for ye said Person or Persons grieved their Executors or Administrators to bring Their Action and Record of Same against ye Deputy Judge

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or Judges Offending or ye Principall Judge or their Executors or Administrators & for their Respective Offences.

III. And be it further Enacted by the Authority aforesaid, That no Judge Advocate or Officer of ye Court of Admiralty shall Demand or Require Any Sum of Money Fee or Reward for any Matter Business or thing Belonging to his or their Respective Office or Place Other than so Much fees as are hereafter in ye Respective Tables Directed for the Things therein Mentioned Any Law Statute Act Customs or Usages to ye Contrary Notwithstanding upon penalty of ye forfeiture of one Shilling for every peny he or they shall take and Receive for any Business thing or Matter Relating to his or their Office or Offices More then is by this Act set down and appointed to be Recovered by the Partie Grieved by Accon of Debt or on ye Case as aforesaide

The Judge's Fees.
£ s. d.
For Holding ye Court of Admiralty after ye finall Decree Upon ye Cause, Besides ye Particular fees 3 00 00
For Every Warrt. or process In which ye Judges hand is Required 10
For every finall Decree 1
For every Order or Decree 10
For Signing Every Bill of Sale 1
For Every Certificate Certifying ye Cause 10
For a Testimonial to goe beyond ye Seas if Under ye Seal of ye Admiralty 1

The Register's Fees.
£ s. d.
For Writing Every Warrant in ye Admiralty 2 6
For a Copy of Every Decree of Court 5
For ye Reading of Every Libell, Excepcon and Answer Each 1 3
For Writing Each Sopoenas 1 3
For Entering a Decree or Order 2 6
For a Deposition 1 3
For ye Venire for ye Jury 2 6
For Every Commission to Examine Witnesses 5
For Fileing any paper in ye Admiralty 1 3
For Every Bond 2 6
For Entring Fair in a book the Libell, Exceptions and all other pleadings and proceedings of the Court of Admiralty Besides what is before allowed, for Each Sheet Containing fifteen Lines to ye Sheet and Eight Words to ye Line The Like ffee for all Transcripts and Copys of ye proceedings of ye Court 8

The Marshall's Fees.
£ s. d.
For Seizing Every Ship or Vessell 10
For Seizing and Bringing any Person a Shore from any Vessell 5
For Every Man Kept on Board for ye Safe Custody of ye Vessell p. Diem 2 6
For Takeing a Bale Bond for ye Security of ye Vessel 5
For Executing Every Venire 5
For Executing Every Suponea in Charles Town 2 6
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[The Marshall's Fees.]
For Mileage 3 pence p. Mile 3
For the Sale of Vessell and Goods and paying ye Mony Each pound one Shilling 1
For Every Witness Sworn in Court
For Every Comitment and Release Each 2 6
For the Dyett of Each person p. Diem Comitted
For ye Jury for Each Cause 15

IV. And be it further Enacted by the Authority aforesaid, That ye Register of the Court of Admiralty in Carolina shall keep his Office in Charles Town Within the said Province and ye Register shall and is hereby Obliged to Enter fairly into a Book or Books for that purposes all ye Proceedings of ye Court of Admiralty in Carolina upon Penalty of forfeiting for Every Offence the Sum of Fifty pounds to Such Person or Persons as Will Sue for ye Same by Accon of Debt in any Court of Records in this Province of Carolina wherein no Essoigne Protection Privilege Injunction Wager of Law or Otherwise shall be Admitted or Allowed.

V. And be it further Enacted by the Authority aforesaid that all or any Book or Books Papers or Records Relating to ye Proceedings of ye Court of Admirallty in Carolina be shewed to any Person that Desires Sight of ye Same Paying ye Register for ye Search of Each thing Desired ye Sum of fifteen pence and If any persons Desires any Copyes or Transcript of ye Same The Register is hereby Obliged with all Convinient Speed to Deliver ye same Upon payment of his ffees upon ye penallty of ye forfeiture of Ten pounds to ye Party Grieved to be Recovered by Action of Debt as aforesaid Together with all Damages he shall Susteyne by Denyall of Such Copy or Transcript to be Recovered by Action on ye Case as aforesaid.

VI. And be it further Enacted by the Authority aforesaid That ye Judges of ye Court of Admirallty for ye time Being or his Deputy in ye Absence & without ye Knoledge of ye Register Making any Decree or Order in any Matter Cause or Thing Triable before him or them as Judge or Deputy Judge of ye Court of Admirallty in Carolina That he or they Making Such Decree or Order shall within Ten Days Cause ye same to be fairly Entred in ye Registers Book of ye said Court upon ye forfeiture of ye Sume of Twenty pounds.

VII. And be it further Enacted by ye Authority aforesaid That ye Judge of the Court of Admirallty and his Deputy and Every Judge of any Court Whatsoever which shall by any process Original Mandate Writt or Process whatsoever Attach Seize or Arrest any Vessell or Vessells for any Matter Cause or thing whatsoever Shall as soon as ye Goods Wares or Merchandises Takels Boats Gunns Sailes and furniture to her Belonging are Inventored and Appraised which shall be Done within Ten Days after such Attachment Arrest or Seizure Take Security for such Vessell and ye Goods Wares Merchandize Takle Boats Gunns Sailes and furniture in her Imported and to her Belonging from ye Master or Owner of Such Vessell If ye same shall be Offer'd and after Security Given as aforesaid shall Give possession of Such Vessell and all things to her Belonging to that Respective Master or Owner & that ye Judge of ye Court which shall Cause any Vessell to be Attached or Arrested as aforesaid shall suffer the Master of such Vessell and any One Seaman to Tarry one Board ye Same Till such Time as ye Goods Wares Merchandizes Takle Boats Gunns Sailes and furniture are Inventored and Appraised and Till Security be given as aforesaid.

VIII. And Be it further Enacted That ye Judge or Deputy-Judge of any and Every Court by whose Writt Mandate or process any Vessell goods Wares

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or Merchandize Shall be Seized or Arrested which shall Refuse to Take Security as aforesaid shall pay to ye Master or Owner of Such Ship Wares or Merchandizes full Vallue of all Imbezelments Waists Pilfrages and all other Damages Whatsoever to be Recovered by ill Plaint or Informatn. in any Court of Record within this part of ye Province wherein no Essoigne Injunction protection or wager of Law shall be allowed or Admitted.

IX. And be it further Enacted by the Authority aforesaid That if any Ship Vessell Goods or Merchandize, is Seized and Informed Against in ye Court of Admirallty or any Court of Record within this province upon ye Acts of Trade and Navigation and his Majesties Customes the person that Seizes or Causes such Seizure shall within Ten Days after such Seizure Exhibitt or Cause to be Exhibited on Information in ye Court of Admirallty or any other Court of Record as aforesaid otherwise ye seizure to be taken off and before such Information is Exhibitted such Informer shall Give good and Sufficient Security to ye Deffendant in ye Sum of ffifty pounds—That in Case he faile in his said prosecution and be Cast that in such Case ye Informer shall Answere and pay unto ye Deffendant the Costs of the said Suit and upon such Security given the Informer may Exhibitt his Information and not Before.

X. And Be it further Enacted by ye Authority Aforesaid That no Civill Cause Matter or Thing Exceeding Twenty pounds Shall be Tryed In ye Court of Admirallty without a Jury and that all Juries for ye said Court shall be Ballotted out of the List appointed or to be Appoynted for Speciall Courts of pleas and Summoned in Such Manner as Jurys for Speciall Courts are Appoynted to be Summoned by an Act of Parliament Intituled An Act for to provide Indifferent Jury Men in all Causes Civill and Criminall & that ye Judge of ye Admirallty have the same Power Over them as other Judges in other Courts.

XI. And be it further Enacted That no Jury shall be Sumoned to Attend ye Court of Admirallty Till such Time as all answers to all Bills, Exceptions to all Answers and all Reasons against Exceptions be Argued and Decreed and that the Action be Isueable without Exceptions and in Case ye Decree shall be Made against ye Deffendant by Default ye Jury which were Sumoned To Try the Issue shall Inquire into ye Damages Provided allways, and Be it Enacted by the Authority aforesaid That no person or persons shall be Suid Impleaded Mollested or Troubled for any Offence Against this Act unless ye Party offending be Sued or Impleaded for ye Same within Two Years at ye Most after Such Time wherein the Offence shall be Committed.

Read Three Times and Ratifyed in Open Assembly the first Day of March 1700-1.

ROBT. GIBBS [Seal]
JA: MOORE [Seal]
HENRY NOBLE [Seal]
JOHN WICH [Seal]

ENDORSED
CAROLINA.

An Act for the better regulating the Proceedings of the Court of Admirallty in Carolina, and the Fees of the same passed there the 1st of March, 1700-1. referred to in Mr. Morton's Letter of the 29th August 1701.

Read } 12th Decr. 1701.
Rec'd


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2(NOTE.—The last three acts, though passed at Charleston, are here given, as they applied to all territory “S. and W. of the Cape Fear river.”—ED.)