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Acts of the North Carolina General Assembly, 1720
North Carolina. General Assembly
August 02, 1720 - August 20, 1720
Volume 25, Pages 162-172

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LAWS OF NORTH CAROLINA--1720.

CHAPTER I.
An Act for the Lessening the Pole and Land Tax and Preventing of Concealments

Whereas, great Concealm'ts has been made by the Inhabitants of this province in their Lands and Tythables, for the prevention of which for the Future and for the Encouragm't of peoples coming and settling in this province and for the Ease of the Inhabitants thereof,

I. Be it Enacted by his Excellency, the palatin, and the rest of the true and absolute Lords Prop'ts of Carolina, by and with the Advice and Consent of the Rest of the Members of the General Assembly, now met at the General Court House at Queen Anne's Creek, in Chowan precinct, for the N'o. East Part of the Said province, and by the Authority of the Same it is hereby Enacted, that the Tax mentioned in the Act, Entitled an Act for raising the Sum of two Thousand pounds Annually till the Publick Debts be answered and paid, Be and it is hereby reduced to tenn Shillings the pole Tax and the Land to one Shilling and Eight pence pr Hundred Acres, to be paid in Lieu of the Fifteen shillings pole Tax and two Shillings and Six pence per Hundred Acres Land Tax by that Act appointed to be paid, and all Treasurers and other persons concerned in the raising and levying the Same Tax are hereby required to govern themselves accordingly.

II. And be it further Enacted by the Authority aforesaid, that all and every person or persons whatsoever holding or claiming Lands in this Governm't shall on or before the 25th Day of Decemb'r next after the Ratification of this Act, give or Cause to be given in Writing unto the Clerk of the Several Precinct Courts where he resides, or where his or their Land lyes, a full, exact, perfect, particular and Distinct Account of each and every parcel of Land which he or they hold or Claim, Viz't: The Number of Acres contained in each Tract or parcel, in what part of the Same or other precinct it lyes, and whether he holds the same by pattent, Deed or Survey, under the penalty of five pounds for not giving in Such List, to be recovered and levied by Warr't from some one Magistrate of the precinct where such Default shall happen, one half to the Informer and the other to the parish; Provided always, that all Lands upon Survey that have not been one full year returned into the Secretary's Office are not hereby lyable to the aforesaid Tax.

And whereas, great Neglect has been in the Constables in not duly returning the Lists of Tythables in their Several Districts,

III. Be it Enacted, that every Constable in each District in every precinct (under penalty of twenty Pounds, to be levied by a Warr't of Distress from any Justice, on the Complaint of the Treasurer or Clerk of the precinct) shall go to the Dwelling House of each House Keeper in his District on or before the 30th of Decemb'r next after the Ratification of this Act, and demand of Such House keeper a true List of Tythables, which List every House Keeper is required to give in writing the Number, Name and Condition of every Tythable person he or they ought to pay Tax for, and in the Said List shall mention whether the same Tythable or Tythables be free Servant or Slave, Negro, Indian or Mulatto, Men or Women, and on Neglect

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or Refusal of Such House keeper giving Such List to the Several Constables He or they shall be lyable to the forfeiture of five pounds, to be recovered by a Warr't from any Justice of the Precinct, upon Complaint of Such Constable, over and above besides the Concealment as by the Act for raising the Sum of two Thousand pounds, And each and every Constable for the performance of which according to the true Intent of this Act shall receive over and above the Allowance of the Act ascertaining Tythables how to be taken the sum of tenn shillings, and which List so taken is by Such Constables to be returned to the Several Clerks of the precinct Courts where Such Tythables are given in on or before the first Day of January next, under the penalty afores'd.

IV. And be it further Enacted by the Authority aforesaid that each and every Clerk of the Several precincts shall be obliged to take all such Lists and Accounts in Writing as shall be brought to them of the Lands and Tythables of this province, which Lists so received and taken by them they shall Cause three fair and exact Alphabetical Acc'ts to be made, containing an Acc't of each person, Master or Mistress, of the Family who are charged with Land or pole Tax by the Same Lists, and in Such Alphabetical Acc'ts shall plainly and distinctly Sett down to each person the Several parcels of Land holden or claimed by Patent, Survey or Deed, and shall also affix to his or their Name the Number of Tythables he is charged with and the Condition of the Same, and shall cause to be Sett up and affixed one Copy of Such Alphabetical List in Some publick and open place where the precinct Court shall Sit, there to continue, thereby the better to discover Concealm'ts of Land and Tythables, and two other Copies thereof So drawn, the one to be returned to the Treasurer on or before the first of February next, and the other to the Commiss'r hereafter named, to be delivered at the first Day of their meeting as by this Act is hereafter appointed, on the penalty of fifty pounds, to be recovered and levied by a warr't from any three of the Commiss'rs hereafter appointed for stating and adjusting the Publick Acc'ts to be applyed to the publick Use.

V. And be it further Enacted, that the Clerk of every precinct so compleating the Lists as aforesaid shall have and receive for each List twenty five shillings, to be paid out of the publick Treasury by the Treasurer of the precinct.

VI. And be it further Enacted by the Authority aforesaid, that each and every Treasurer in the Several precincts shall within Tenn Days after the Receit of Such Lists from the Clerk as aforesaid extract or draw out from the said General List a particular List of all Such Lands as shall lye out of his precinct and by the first opportunity Send the Same to the Respective Treasurers where Such Lands do lye as shall be contained in Such extracts, that the Same may be affixed in the Court Room of the precinct openly for the perusal of all persons, under the penalty of twenty pounds, upon the Information of any to a Magistrate, to be recovered and levied by a Warr't from such Magistrate, one half thereof to the publick and the other to him or them Informing.

VII. And be it further Enacted by the Autho'ty af's'd, that the several Treasurers are hereby required upon the Constables and Clerks not making due Returns of their Several Lists as is before in this Act directed to make his Report of Such Default to the Commiss'r hereafter appointed for Stating the publick Acc'ts at their first meeting, under the penalty of twenty pounds, to be recovered and levied by a Warr't from any three of the Commiss'rs hereafter appointed for stating the publick Acc'ts, to be for the publick Use.

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VIII. And be it further Enacted by the Authority afores'd, that for every ensuing Year hereafter the Several Inhabitants of this province shall give in their Acc't of Lands and Tythables in manner and form as is before recited in this Act to the Several Clerks and Constables on or before the 10th of June Yearly, and by such Clerks and Constables so receiving the Acc'ts to be returned by them within twenty Days after such Accounts received as directed before in this Act for that Purpose, under the penalties for each Clerk and Constable neglecting the performance required in this Act.

IX. And be it further Enacted by the Authority aforesaid, that every person concealing Lands shall forfeit and pay the Sum of twenty Shillings for each hundred Acres, or in proportion for any lesser Quantity so concealed, one half to the publick the other half to the Informer.

Provided, that where there is no personal Estate to be found for levying the Same Fine it is not hereby intended or meant, but that the Several Fines and Forfeitures in the Act for raising the Sum of two Thousand pounds is hereby declared to be in full Force ag't all Such Concealments, Except where such is discharged by the Fine of twenty Shillings aforesaid.

X. And be it further Enacted by the Authority aforesaid, that the Several Treasurers by themselves or by their Warr'ts directed to the Constable is hereby required to make Distress on the Estate of Such person so holding concealed Lands of Tythables as is afore mentioned in this Act, which Distresses so made for concealed Lands or Tythables by the Treasurer or his Deputy, shall remain in the Hands of Such Treasurer or his Deputy twenty Days after Notice given to such person from whom such Goods are taken for his Replevying the Same, by paying such Sum or Sums of Money as the Fines and Forfeitures shall amount to, and for not performance of the Same by such person at or within twenty Days after Notice given as aforesaid of Such Goods so seized, then the Said Treasurer or Treasurers seizing of Such Goods shall proceed to appraism't, and he or they is hereby impowered to call before him two Freeholders, and they on their Oaths to Value such Goods, and the Overplus of the Value thereof to be returned to the Owner of Such Goods.

Provided always, that no Negro shall be seized on or for any of the publick Taxes where there is any other personal Estate to be found to answer and pay the Fines, and that the Distresses so made be not above three times the Value of Such Fines and Forfeitures as shall become due, anything in this Act to the contrary Notwithstanding.

And provided also, that the Land upon Morahock River now in the possession of the Indians, belonging to several of the Inhabitants of this province, be and is hereby declared free and clear from the publick Tax due to this province, during the Time of the Tuscarora Indians living thereon.

Whereas, Thomas West is present Treasurer of the precinct of Chowan and Joseph Jessop for the precinct of Perquimins and Edmond Gale for the precinct of Pasquotank, James Brown for the precinct of Curratuck, Jn'o. Porter for Hyde and Beaufort precincts, and Rich'd Graves for Craven,

XI. It is hereby Enacted by the Authority af's'd, that on the Death, Refusal or Removal of any of the Said Treasurers it shall be in the power of the Hono'ble the Gov'r or Commander in Chief for the Time being to appoint others in their Room, taking Such Security as is directed in the Act for raising the Sum of two Thousand pounds.

XII. And be it further Enacted by the Authority aforesaid, that every Treasurer shall draw a Commission of Six per C t. for publick Taxes received and for all Claims paid out to draw Six p'r Cent.

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XIII. And be it further Enacted by the Authority aforesaid, That Co'll Frederick Jones, Jn'o. Lovick, Esq., Tho. Harvey and Nich's Crisp be and are hereby appointed Commiss'rs for examining and Stating the publick Acc'ts in the County of Albemarle, and that Co'll Maurice Moor, Giles Shute and Simon Alderson be and are hereby appointed Commiss'rs for examining and Stating the publick Acc'ts of Bath County.

XIV. And it is further Enacted by the Authority aforesaid, that the Several Commiss'rs afs'd are hereby required to meet, viz't: Co'll Frederick Jones, Jn'o. Lovick, Esq., Tho. Harvey and Nicholas Crisp at the General Court House at Queen Ann's Creek in Chowan precinct, every twentieth Day of Feb'ry Yearly, as also Co'll Maurice Moor, Giles Shute and Simon Alderson to meet at Bath Town, when and at Such Time the Said Commiss'rs are hereby required and Authorized, Them or any three of them, to meet in the Respective precincts to call before them (in Case of Failure of Such Constables and Clerks due return of their Several Lists as in this Act before recited) all such Constables and Clerks as for neglect thereof the Said Commiss'rs or any three of them in the Respective Counties are hereby impowered by their Warr't to the Marshal or his Deputy to make Such Distress on the Estate of Such Constable or Clerk wheresoever to be found within this province, as is in this Act before recited, and accordingly in Manner and Form are to proceed against him or them So refusing or neglecting, which Fines and Forfeitures so arising are to be distributed as in this Act is appointed.

XV. And be it further Enacted by the Authority aforesaid, that the aforesaid Commiss'rs are required to meet every Second Tuesday in June at the Gen'll Court House in Chowan and at Bath Town, to Sitt, any three of them in each County, there to receive from the Several publick Treasurers of each County, who are hereby required to lay their Several Acc'ts before the said Commiss'rs in Order for their Examination, who are hereby appointed to receive Such Accounts and to examin, Settle and adjust the Same, and in Case of Neglect or Failure of any of the Treasurers in the due Execution of his Office, either in Acc'ts or Money becoming due to the publick, shall if required give Good and Sufficient Security for payment of Such Ballance to the Publick at or before the Sitting of the next Succeeding Assembly, otherwise to be by them committed to the Marshal's Custody, there to abide 'till he or they shall give Good and Sufficient Security to the Said Commiss'rs.

XVI. And be it further Enacted by the Authority aforesaid, that in Case Constables in the Several Districts or any one of them should not be appointed by the precinct Courts, that then the Commiss'rs have power to nominate and appoint proper persons in such Districts, who are to take the Lists of Tythables and make returns thereof as by this Act is appointed, under the Same penalty of any Constable not doing his Duty herein.

XVII. And be it further Enacted by the Authority aforesaid, That the Commiss'rs of each County shall receive the Sum of ten shillings p'r Day during the Time of their Attendance, and that they be attended by a Clerk and a Messenger, to be appointed by them, and that they adjourn from time to time, so often as they think proper, and from Place to Place.

XVIII. And be it further Enacted by the Authority, That the Commiss'rs of each County shall upon their Receiving the publick Money of the Treasurers immediately Seal it, Close up in paper Bundles and likewise return the Same, together with their Report, to the next Succeeding Assembly.

XIX. And be it further Enacted by the Authority aforesaid, That the Hono'ble the Gover'r or Commander in Chief for the time being is hereby required and impowered in Case of Death, Refusal or Removal of the Said

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Commiss'rs or any one of them to appoint some other proper person, to be held in as full and ample Power, for such Commiss'rs so appointed to Sitt and act as if the Same had been by this Act nominated.

XX. And be it further Enacted by the Authority aforesaid, that all and every Article, Clause and thing contained in the Said Act for raising two thousand pounds Annually (which is not herein altered or otherwise regulated and provided), as also this present Act, shall continue to be in full Force until repealed or altered by the Gen'll Assembly.

XXI. And be it further Enacted to the End that all and every Person may come to the Knowledge of their Duty herein, That the Clerk of the Lower House of this present Assembly, under the penalty of Five pounds, do within Ten Days after the Ratification of this Act send fair Copies of this Act to the Clerks of every precinct Court in this Gov'mt, who are forthwith required to publish the Same by affixing a Note at the precinct Court House and all other publick places, as Churches, Reading meeting house Doors, in their Several precincts, which paper or Notice shall contain the Substance of every Officer and other person's Duty contained in this Act, under the like penalty of Five pounds, to be recovered as other Fines before in this Act is provided.

XXII. And be it further Enacted by the Authority aforesaid, that the Commiss'rs for Stating the publick Acc'ts in each County is hereby impowered to call before them all such persons concerned with the publick moneys and Stores as has not yet settled and made up the Same before the Assembly or the late Commiss'rs for examining the publick Act before them and to adjust such Acc'ts, such person so refusing or neglecting to account, the Said Commiss'rs are hereby authorized to cause such person to be taken into Custody of the Marshall by their Warr't, who is so to remain until he shall give good and sufficient Security for the answering [words scratched out]. Such Ballance to the Country, and further it is provided that the Clerks attending the Commiss'rs of each County shall have and receive ten shillings p'r Diem and the Messenger seven shillings and Six pence, to be paid out of the publick Money. And it is further provided that in Case of Failure of the Commiss'r of each County, meeting at the Time and place appointed, either of which Commiss'rs by this Act appointed so coming is hereby impowered to adjourn from time to time until a Sufficient Number shall meet as is appointed by this Act to proceed to Bussiness.

XXIII. And be it further Enacted by the Authority aforesaid, That the Commiss'rs for examining the publick Acc'ts shall before they proceed to Bussiness take the following Oath, Viz't: I, A B, do solemnly swear that in the Execution of the Trust reposed in me by the Gen'll Assembly of this province will according to the best of my power, Knowledge and Understanding, without Fear or Favour, examin, Settle and adjust the Acc'ts of all Such persons as I shall know and be informed have had any publick Moneys, stores, Arms, Amunitions or provisions or other things whatsoever relating to the Publick and not already made up to the Assembly or Commissioners.

CHAPTER II.
An Additional Act to the Act Intituled an Act for Establishing the Church and Appointing Select Vestrys.

Whereas, by the said Act the Governm't is divided into parishes and twelve Men nominated in each Division and parish to Serve after Such

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Qualifications as by the Said Act is provided as Vestry-men, and it appearing that the persons appointed by the Said Act to Serve for the S. W. Parish of Chowan and Craven precinct, a parish in the County of Bath, did not proceed to qualify themselves at Time nor manner and Form as in and by the said Act was appointed and required, neither have done the Same Since, by Which the said Vestry in the said precincts are fallen and terminated, so as there can be no lawful or regular Tax or Levy of Money on the pole in the said precincts for the paym't of Ministers, Building or repairing of Churches or Relief of the poor, For remedy whereof and prevention of the Same for the Future,

I. Be it Enacted by his Excellency the palatin and the rest of the true and absolute Lords Prop'ts of Carolina, by and with the Advice and Consent of the Rest of the Members of the General Assembly now met at the General Court House at Queen Anne's Creek in Chowan precinct for the N'o. East Part of the Said province, and we pray that it may be enacted that the Marshal or Deputy for the said precincts or Parishes of Craven and South West parish of Chowan do within forty Days after the Ratification hereof, under the penalty in the said Act provided, Summons the Several persons by the Said Act appointed to Serve as Vestry-men in the said parishes to appear and Qualify themselves at such place and in Such Manner in their Several parishes, under the Penalty in the Said Act mentioned.

II. And be it further Enacted by the Authority aforesaid, that the Members of each Parish here mentioned so meeting and qualifying themselves shall have full power and good Authority on a Vacancy, either of Death, Removal or Non-Conformity of any person so appointed by the said Act to Serve as Vestry-Men in the Said Parishes to Choose and elect some other person or persons, Freeholders in their Said parishes, to Serve in the Room of those persons so dead, removed or not Conforming, to Meet at Such Time and place as they or the greatest part of them shall appoint, to qualify themselves, and after due Qualification to be held, deemed and esteemed of equall Dignity to act and do in all things relating to Vestry-men to all Intents and purposes as if they had been named and appointed in the Said Act.

And whereas, at the time of passing the aforerecited Act there was due from the precinct of Chowan to the Rev'd. McJn'o. Urmston, Miss'ry, the sum of one hundred and ten pounds, which for want of proper Provision being made in the Said Act at the Same Time of Division of the Said precinct into two parishes cannot now be levied and Collected without Authority of the Assembly; therefore,

III. Be it Enacted by the Authority aforesaid, that the Vestry-men of the No. East Parish of Chowan do sometime on or before the twenty fifth Day of Novemb'r next ensuing the Ratification of this Act levy and Collect or Cause to be levied and Collected upon each and every Tythable person in the said respective parishes so much per pole as shall pay unto the said Rev'd. Jn'o. Urmston the aforesaid Sum of one hundred and tenn pounds, over and above the 5 sh'll. per pole mentioned in the Said Act contained to the contrary thereof Notwithstanding.

IV. And be it further Enacted by the Authority aforesaid, that each and every Vestry or the Greatest part of them in the Several precincts in the Said Act appointed shall, in Case of Vacancy by the Death or Removal of any Member or Members of the Vestry in any of the Several precincts or parishes have full power from time to time and at all times hereafter to elect and Choose one or more Freholders of their Said parish or precinct in such Vacancies, and such persons so elected, after qualifying themselves according to Law, to be held, deemed and esteemed and enabled to act as

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Vestry-men to all intents and purposes as if they had been by the said Act nominated and appointed.

And whereas, that notwithstanding the falling of the Said Vestery aforesaid, the Inhabitants of the S. W. parish of Chowan precinct have imployed a Minister and a Reader, whose Sallery have been paid by some particular persons of the Said parish;

V. Be it therefore Eancted by the Autho'ty aforesaid, That the said Vestry have and they are hereby impowered to raise and levy such a pole Tax on the Inhabitants of the said parish as to reimburst and pay such persons the Several Sums before by them paid to the Uses aforesaid, anything in this Act contained to the contrary in anywise Notwithstanding.

And whereas, in the Vestry Act Sufficient power is not given to the Church Warden for the levying of all Such Fines and Forfeitures as by that Act shall become due according to the Intents and meaning thereof,

VI. Be it therefore Enacted by the Authority aforesaid, that where any Distress, Fines or Forfeitures shall become due by means of the afores'd Act that the Church Wardens in each and every of their respective parishes and precincts within this Governm't have full power and Authority (either by himself or Warr't under his or their Hand, directed to the Constable or some other proper person), to levy and make Distress on the Estates of all and every person within their Several Limits and Districts for all Such Failures, Fines and Forfeitures as by the Said Vestry Act shall become due, and the Same to dispose of as in and by the Said Act is provided, anything contained in the Said Act to the contrary in any wise Notwithstanding.

CHAPTER III.
An Act in Addition to the Act for Making a Town at Queen Ann's Creek.

Whereas, one hundred Acres of Land lying in the Fork of Queen Ann's Creek was formerly granted by Tho's Peterson and Nath. Chevin, Esq'rs, for a Town, and two Acres thereof assigned for a Church, Court House and other publick Uses, the remainder was to be laid out into half acre Lots and the said Tho. Peterson and Nath. Chevin, Esq'rs, as Trustees, were impowered by the said Act for making a Town to assign and transfer the Said Lotts to such persons as would take them up and build on them in Such Time and according to Demension in the Said Act limited, but the said Tho. Peterson and Nath. Chevin being both now dead and there remains great part of the hundred acres not yet allotted, and no person being impowered to lay out and grant Lotts it hinders the Increase of the Said Town, wherefore for promoting the Said Town We pray that it may be Enacted, and

I. Be it Enacted by his Excellency the palatin and the rest of the true and absolute Lords Prop'ts of Carolina, by and with the Advice and Consent of the Rest of the Members of the General Assembly now met at the General Court House at Queen Anne's Creek in Chowan precinct for the N'o. East Part of the Said province, and by the Authority of the Same it is hereby Enacted, that the Remains of the Said hundred Acres not allotted, granted and the Condition fulfilled shall be vested in Daniel Richardson, Esq'r, as Trustee, who is hereby impowered by himself, his Assigns or Attorney, to lay out the Remainder of the Said Hundred Acres in half Acre Lotts, reserving in proper Places Sufficient Streets and a burying Place and Markett, and Such Lotts to grant and Confirm in Fee to those that will take them, upon Condition that the Grantee do build thereon according to the Condition of the Said Deed.

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CHAPTER IV.
An Additional Act to an Act Intituled an Act Concerning Ordinary Keepers of Tippling Houses.

Whereas, extravagant Prices is charged by Ordinary Keepers Selling Liquors imported into this Governm't by means of Liberty given in the said Act for Selling the Same at Cen't p'r Cen't, to remedy Which

I. Be it Enacted by his Excellency the palatin and the rest of the true and absolute Lords Prop'ts of Carolina, by and with the Advice and Consent of the Rest of the Members of the General Assembly now met at the General Court House at Queen Anne's Creek in Chowan precinct for the N'o. East Part of the Said province, and be it Enacted by the Authority of the Same, that the Several precinct Courts of this province are hereby impowered at every precinct Court to Assess the price of all Liquors to be Sold by Ordinary Keepers, all dyetting and Lodging people, Pasture and Provender for Horses.

II. And be it further Enacted by the Authority aforesaid, that the Clerk of every precinct Court shall Serve every Ordinary Keeper with a Table of the prices of the Liquors he shall Sell and of dyetting and lodging people, pasture and provender for Horses within ten Days after the Sitting of Such Court, under penalty of five pounds for such neglect, to be recovered and levied ag't Such Clerk by a Warrant from a Magistrate, wherein no Essoign or Wager of Law shall be allowed to the Contrary.

III. And be it further Enacted by the Authority aforesaid, that at the receiving of Such Tables as aforesaid the Several Ordinary Keepers are hereby required to Sitt up the Same in Writing in the open and common Room where such Ordinary is, for the View of all persons, which Table of prices so sett up by the Court is the Rate to be observed by all such Ordinary Keepers to charge their Customers, and he or they presuming to Sell at an higher price than what is there rated shall and is hereby declared lyable to the Fine of Five pounds for every Such Offence, to be recovered and levied by a Warr't from a Magistrate.

IV. And it is further Enacted, that for Neglect in any Ordinary Keepers Setting up Such Table as aforesaid Such Ordinary Keeper shall be lyable to the Fine of five pounds for Such Neglect, which Said Fine is likewise to be levied by a Warr't from a Magistrate, one half of Such Fines to the Parish where such Offence is committed and the other half to the Informer, to be recovered in Manner and form as aforesaid, where no Essoign, Injunction or Wager of Law shall be allowed or admitted to the Contrary.

V. And be it further Enacted by the Authority aforesaid, that each Clerk so making out Such Tables and delivering the Same to the Ordinary Keepers aforesaid shall have a Claim on the publick for each Table Ten Shillings.

CHAPTER V.
An Act in Explanation of an Act Concerning Servants and Slaves.

Whereas, the Special Court appointed by the Said Act for the Tryall of Slaves have power thereby Granted them against Slaves convict before them to pass Judgm't for Life Member or other Corporal punishments, and it hath been ascerted that power is thereby granted to the Said Court if they see Cause to give Judgm't for the imprisoning any Slave, deeming it a

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Corporal punishment, and inasmuch as the imprisoning a Slave is an apparant Damage and Loss to the Master,

I. Be it therefore Enacted by his Excellency, the palatin and the rest of the true and absolute Lords Prop'ts of Carolina, by and with the Advice and Consent of the Rest of the Members of the General Assembly not met at the General Court House at Queen Anne's Creek in Chowan precinct for the N'o. East Part of the Said Province, and it is hereby Enacted, That Corporal punishments in that Case shall not be Construed to extend or include Imprisonment of the Offender, nor shall any such Judgment of the said Court hereafter to be passed, be good or Execution thereof be done.

CHAPTER VI.
An Act, to confirm a decree made in the Court of Chancery of this Province, upon a bill of complaint exhibited by William Duckenfield, Esq.

I. Whereas at a Court of Chancery, held the eleventh day of May, one thousand seven hundred and thirteen, upon the complaint of William Duckenfield, Esq., a decree was passed in these words, viz.

North Carolina, ss.

At a Court of Chancery held at the house of Capt. Thomas Lee, in Chowan Precinct, on Monday May the 11th, Anno Domini 1713.

PRESENT:
The Honourable THOS POLLOCK, ESQ.
President.
The Honourable THOMAS BOYD,
WILLIAM REED,
CHR. GALE,
TOBIAS KNIGHT,
Esqrs. Lords Proprietors Deputies.

“Upon reading the bill of complaint of William Duckenfield, of the Precinct of Chowan, Esq. this Day, therein setting forth, that he the said William Duckenfield, about sixteen years last past, was, and yet is, lawfully seized, in his demesne, as of fee, of and in one large tract or parcel of land in the precinct aforesaid, containing by estimation four thousand acres, bounding on Albemarle sound eastward and on Salmon creek westward, and being therefore so seized, one John Arderne, Esq. coming into this government and being something related to him the said Duckenfield by intermarriage, and the said John Arderne being in low circumstances and not in possession of any visible estate, he the said Duckenfield, the better to give credit and reputation to him the said Arderne, and to put him in the possession of a visible estate, thereby to advance himself, upon especial truth and confidence which he then reposed secretly in the said Arderne, by his deed sufficient in the law, bearing date the thirty first day of July, Anno Domini 1702, did grant, bargain and sell, unto the said Arderne the aforesaid tract or parcel of land containing four thousand acres; to have and to hold the same unto him the said Arderne, his heirs and assigns, for ever: which said deed mentions that the same was for and in consideration of the sum of two hundred pounds in hand paid, when in truth the said two hundred pounds was not paid, nor any part or parcel thereof, nor intended to be paid, nor indeed could the said Arderne pretend to pay the same; but the said deed was passed for no other reason than what is above alleged: and further, that the said deed was not only meant and intended

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to be in trust, to the use of him the said Duckenfield esq. but, at the above time of making thereof, it was so declared and expressed, as wellby the said Duckenfield, as by the said Arderne, in presence and hearing of divers witnesses, and not to the use of the said Arderne, other that in case the said Arderne should outlive him &c. And further that the said John Arderne did, as well at the signing the said deed as at divers times since, declare to divers persons, that he did not pay the two hundred pounds, and that the same deed was passed to him for no other use, intent, or trust, whatsoever, than that the same should absolutely return to him the said Duckenfield, in case he should outlive the said Arderne; and also, that the said Arderne, willing to make known to the world the many and uncommon favours he had received from him the said Duckenfield, by his last will and testament, in writing, bearing date the 22d day of October, 1707, doth make ample mention of the same, and that his intention was, to give all his estate both real and personal, that he was possessed of, or should have right to, to him, which he confirms, by divers assertions in the said will mentioned, as by the same may and will appear: notwithstanding which divers persons, injuriously designing to bring in question his the said Duckenfield's title to the aforesaid four thousand acres of land, although he was never out of possession thereof, do give out, that the fee simple of the said land is not in him, but in the heirs of the said John Arderne, and the trust reposed by him the said William Duckenfield: And forasmuch as the said deed, in writing, is absolutely without any use declared or expressed therein, and without any trust in the same mentioned, and that the aforesaid will of the said John Arderne doth not make express mention that the same four thousand acres, commonly known by the name of Salmon creek, were given, devised and bequeathed unto him the said Duckenfield, and his heirs, for lack and want of knowledge in the law of the said John Arderne, how to use apt and express words for the granting and conveying the same back again to him, pursuant to the trust reposed in the said John Arderne, although the intent and meaning of the said Arderne so to do may be sufficiently proved and observed; and the said John Arderne being now dead, who could make appear that the allegations in this bill of complaint are true and certain and divers evidences or witnesses, as well to the said deed, who could prove the aforesaid use or trust declared and divers other witnesses which he could have produced to prove the same are some dead, others removed to parts unknown, some aged and impotent, and living far off, and not able to travel to this court, and others being transient persons, &c. do therefore pray, that a commission may be issued out of this court, directed to such persons as may be thought fitting, to examine such witnesses, in perpetuam rei memoriam, as shall be produced by him the said Duckenfield, for the proof of the aforesaid use, or trust, &c. or also that by the decree of this court, he may be relieved in the premises, and the fee-simple of the aforesaid land be adjudged and decreed to him, &c. And upon reading the several depositions taken by virtue of the aforesaid, commission out of this court, as also the will of the said John Arderne, and upon due and mature consideration thereon, this court are of opinion, that the said deed mentioned in the said bill was made only in trust and that no consideration was ever paid and satisfied, or intended to be paid or satisfied, for the same; and it is the opinion of this court likewise, that the said John Arderne's intent and design, by his last will and testament, was to give and bequeath the same lands back again to him the said William Duckenfield, and his heirs forever, although express mention thereof be not made therein.

“Whereon this Court do declare, adjudge, order and decree, that the

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aforesaid deed be nul and void, and that the aforesaid four thousand acres of land do revert, come and remain unto the said William Duckenfield, Esq. and to his heirs and assigns forever, without the least let molestation, or hindrance of any person or persons, claiming from, by, or under the aforesaid John Arderne, or his heirs, executors, administrators or assigns, or any from or under them, or either of them.”

Ordered, decreed, and entered, by us, and our order, the above-said 11th day of May, Anno Domini, 1713.

Which decree, upon the prayers of the said William Duckenfield, having been carefully and duly considered by this Assembly;

II. Be it enacted by his Excellency the Palatine, and the rest of the true and absolute Lords Proprietors of the Province of Carolina, by and with the advice and consent of the rest of the members of the General Assembly, now met at the General court-house, at Queen Anne's creek, in Chowan precinct, for the North East Part of the said province, and it is hereby enacted by the authority of the same, that the decree, upon the bill of complaint of William Duckenfield, Esq. recited, passed, and inrolled in the court of chancery, the eleventh day of May, one thousand seven hundred and thirteen, and every part and parcel, article and clause therein contained, shall be and remain firm and available in law and equity, to all intents and purposes whatever contained therein, without being liable to any bill of reverse, or other process whatever to reverse and annul the same.