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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1722
North Carolina. General Assembly
October 02, 1722 - October 19, 1722
Volume 25, Pages 175-183

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LAWS OF NORTH CAROLINA--1722.

CHAPTER II.
An Act for making the Sum of twelve thousand pounds publick Bills of Credit, for exchanging such of the publick Bills of Credit as are now Current, thereby to render them the more Useful to the Gov't, and for regulating the Taxes.

Whereas, it is found by Experience that the publick Bills of Credit not yet paid into the publick Treasury are of very great Demand, and by their usefullness in Contracts and Bargains have gained a General Currency, and because most of them are very much Defaced and others being for such large Sums are not so Usefull;

I. 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 Edenton, at Queen Anne's Creek, in Cnowan Precinct, for the North-East Part of the said Province, and be it Enacted by the Authority of the Same, That Christop'r Gale, Jn'o. Lovick and Edward Mosely, Esq'r., are hereby impowered and appointed to make out publick Bills of Credit to the Value of twelve Thousand pounds in manner following, that is to say: One Thousand of twelve pence each, one Thousand of two Shillings Each, one Thousand of two Shillings and six peace each, one Thousand of Five Shillings each, One Thousand of Seven Shillings and Six pence Each, One thousand of ten shillings Each, One Thousand of twenty Shillings Each, One Thousand of Forty Shillings each, One thousand of three pounds each, and nine hundred and twenty of five pounds Each, for which the Said Commissioners shall be allowed three pence p'r Bill, to be made without any determinate Time of Paym't; which Bills when made shall be Signed by the Said Christopher Gale, Jn'o. Lovick and Edward Mosely, who are hereby Commissionated thereto, and sealed with the Colony Seal, and then delivered into the Hands of Edward Mosely, publick Treasurer, on or before the first Day of February next, in Order that the Said Edward Mosely may pay unto the respective high Sherriffs of the several Counties such Sums as shall be Necessary to answer the Claims allowed for the Said County, which said Claims the Sherriffs are obliged to pay to the Claimers without any Commission.

II. And be it further Enacted by the Authority aforesaid, that no publick Bills of Credit already issued shall have any Currency in this Govm't or be paid or received in any payments to be made in this Government after the first Day of August next Ensuing; But all and every person or persons having any publick Bills of Credit are hereby required to bring the Same to the said Edward Mosely on or before the first Day of August after the Ratification of this Act, to have them exchanged, The Said Edward Mosely being hereby required to exchange the Same, for which he shall be allowed fifteen shillings for every hundred pounds by him exchanged.

III. And be it further Enacted by the Authority aforesaid, that the Said Edward Mosely shall produce to the next Assembly which shall meet after the tenth Day of August all Such Old Bills as he shall have exchanged, that the Same may be compared with the Counter parts and burnt.

IV. And be it further Enacted by the Authority aforesaid, that the publick Bills of Credit by this Act to be issued shall be deemed, reconed and

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taken to be good payment and Tender in Law for any of the rated Commodities of the Governm't or any other Money or payment whatsoever in as full and ample Manner to all Intents and Purposes as any Bills of Credit of this Governm't have heretofore been held, reputed and taken.

And if any person or persons refuse to take and receive the Same in Lieu of any paym't or Debt due in any of the Rated Commodities of this Governm't or other Money whatsoever, unless the Same be Expressly mentioned Sterling Debt, wherein allowance shall be made only of fifty p'r C't. thereon, he or they so refusing shall forfeit double the Value of Such Publick Bills of Credit so refused, one half to the Use of the publick, the other half to him or them that shall Sue for the Same, to be recovered by Action of Debt, Bill, Plaint or Information in the Gen'll Court of this Governm't, wherein no Essoign, Protection, Injunction or Wager of Law shall be allowed or admitted of.

V. And be it further Enacted by the Authority aforesaid, that if any person or persons shall Counterfeit any of the Publick Bills of Credit or shall aid or Assist any person to Counterfeit the Same, or shall utter or Dispose of any Counterfeit Bills of Credit, the Same being proved to be Counterfeit, Such person or persons offending in any of the premises shall be adjudged guilty of Felony without benefit of Clergy.

VI. And be it further Enacted by the Authority aforesaid, that from and after the Ratification of this Act the Land Tax and pole Tax which have been Established by Authority of Assembly for Sinking the publick Bills of Credit of this Governm't. and all and every part of any Act of Assembly or Clause of any Act relating to the Said pole or Land Taxes are hereby repealed and declared Null and Void, And that the Act intituled an Act to encourage the Destroying of Vermin be repealed, and the Same is hereby repealed.

VII. And be it further Enacted by the Authority aforesaid, that from and after the Ratification of this Act there shall be a pole Tax of five shillings p'r pole levyed and collected Yearly by the High Sherriff of each Respective County, or his Deputy, on all the Tythable persons in this Governm't for and towards the Defraying the Contingent Charges of the Governm't, for all which said Collections the said High Sherriff shall be accountable, as well for what shall be received by their Deputies as by themselves.

VIII. And be it further Enacted by the Authority aforesaid, that each and every Constable within this Governm't shall and they are hereby impowered required and commanded Sometime within five Days next following after the 30th Day of June Yearly to go from house to house to take an exact List from all the persons inhabiting and residing within their and every of their Districts or Liberties of the Number, Names and Quality of the Tythables residing within the Same, which List so taken they and every of them shall on or before the fifth Day of August Yearly then next following, together with a List of Such Tythables as they shall think concealed, make return upon Oath to the High Sherriff or his Deputy (which Oath shall be taken before any Justice of the precinct), under the penalty of twenty pounds for every Neglect, which Said Sum shall be to the Use of the publick and shall be levied by a Warrant from any Justice of the peace upon Certificate thereof to him made by the respective high Sherriff or Deputy of any Constable having made Default herein.

IX. And be it further Enacted by the Authority aforesaid, That the Several persons who acted as precinct Treasurers and have received the List of Tythables for this precent Year do deliver or Cause to be delivered to the

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High Sherriff or his Deputy. And that all Lists of Tythables that are not delivered by the Respective Constables to the said Treasurers be delivered to the High Sherriffs or Deputies on or before the Last Day of December next, under the like penalty as in this Act is provided for Constables making Default and not returning their Lists.

X. And be it further Enacted by the Authority aforesaid, that the high Sherriff of each County or his Deputy shall be obliged to collect the precinct and parish Dues of each parish and precinct within this County in Case he shall be ordered by the Justices and Church Wardens, and that all Collections to be made by the Several High Sherriffs or Deputies, whether the same be publick, precinct or parish Taxes, shall be collected within the first Day of January and the last Day of April Yearly, and not at any other time, for which Collections he shall be allowed on his Acc't the Sum of fifteen p'r C't. The High sherriff giving Bond, with two good and Sufficient Securities, in the Sum of two thousand pounds to the Hono'ble the Gov'r, president or Commander in Chief for the time being, to and for the Use of the publick for the faithful performance of the said Collections and faithfull Discharge of the Same, and in Case of Refusal or non Paym't of the publick precinct or parish Charges the high Sherriff or Deputies shall have full power to make Distress on Such persons so refusing or neglecting.

XI. And be it further Enacted by the Authority aforesaid, That the High Sherriffs in making up their Acc'ts with the publick Treasurer do pay the Ballance thereof in publick Bills of this province; And if in his payments of the parish or precinct Taxes to the Church Wardens or Justices he do not pay the Same in publick Bills of this province, That then he shall have Liberty to pay the Same in any the Rated Commodities of this Governm't at not more than three Landing Places within the Same parish or precinct.

XII. And be it further Enacted by the Authority aforesaid, That in the Collections of the publick, precinct and parish Taxes to be made by the Respective high Sherriffs or Deputies where payment shall be made in rated Commodities of this Governm't, Such persons so paying shall deliver the Same after it is received at such Landings as are most Commonly made Use of by such persons paying.

XIII. And be it further Enacted by the Authority aforesaid, that the High Sherriffs of every County do annually, on or before the first Day of June, make up the Accounts of his Collection of the publick Taxes with the publick Treasurer, on Oath, So as the same Accounts may be laid before the next Assembly which shall be held after the Acc'ts of Such Collections are made up, the publick Treasurer being hereby obliged to lay the Same before the Assembly.

XIV. And be it further Enacted by the Authority aforesaid, That Edward Mosely, Esq'r, publick Treasurer, give Bond with Sufficient Security in the Sum of fifteen thousand pounds to the Gov'r, president or Commander in Chief (for the Use of the publick) for the Time being for his Faithfull Discharge of his Said Office and disposing of the publick Money as directed by this Act.

CHAPTER IV.
An Act for Enlarging and Encouragement of the Town called Edenton, in Chowan precinct.

Whereas, Thom's Peterson, late of Chowan Precinct, Esq'r, dyed seized in his Demesen as of Fee a certain Tract of Land or plantation lying in the

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Fork of Queen Ann's Creek, in Chowan precinct, containing two hundred and Seventy Acres, be the same more or less adjoining to the Lands of the Town now called Edenton, which Lands on the Decease of the Said Thom's did descend unto Ann, the Daughter of the Said Thomas; And, whereas, Johanna, the Mother of the said Ann, upon her humble petition to the General Biennial Assembly held for the Year 1715, obtained an Act of Assembly intitled an Act of impowering Johanna Peterson, Widow of Thom's Peterson, late of Albemarle County, Esq'r, to make Saile of certain Lands belonging to the said Tho's Peterson for Ann, Daughter of the said Tho's Peterson, to whom the Lands do Descend, Thereby impowering the said Johanna to make Sale of the Said Lands for the Benefit and Advantage of her said Daughter, and her better Advancement, and the Said Lands remaining as yet unsold and lying very convenient to be added to Edenton for the Enlargement of the said Town; and the said Johanna referring the Valuation thereof to the Assembly,

I. 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 Edenton, at Queen Anne's Creek, in Chowan Precinct, for the North-East Part of the said Province, and it is hereby Enacted, that the Lands already laid out for the Said Town called Edenton, together with the aforesaid Tract of Land, two hundred and Seventy Acres lately belonging to the Said Tho's Peterson adjoining to the said Town, be henceforward invested in Christopher Gale, Jn'o. Lovick and Edward Mosely, Esq'rs., and Nicholas Crisp, to and for the Uses aforesaid, And declared confirmed and incorporated into a Township by the name of Edenton, with all privileges hereafter expressed for ever, pursuant to which

II. It is hereby Enacted, That the places already laid out for a Church and a Court House, a burying place and a Market place be reserved for their Uses, and that the Rest of the Land formerly invested in Daniel Richardson, Esq'r, and already laid out into Lotts of half an Acre each or there abouts be disposed of by the Commiss'r afore mentioned as hereafter in this Act is directed.

III. And be it further Enacted by the Authority aforesaid, that the two hundred and Seventy Acres of Land afore mentioned and now by this Act incorporated into the Town of Edenton be forthwith laid out into proper allottments and appropriated to and for the Uses expressed, Viz't: One hundred and forty Acres most convenient to the Creek and nearest on a Square into Lotts of half an Acre, with Convenient Streets and Passages, which Lotts so laid out shall be Sold at publick Vendue or Outcry to the highest Bidder and the Money arising thereof accounted for and paid by the Treasurer hereafter mentioned to the publick Treasurer of this Governm't, in order to reimburs the Publick for the first Purchase after necessary Charges are deducted; and that the Land wherever the Houses now stand, together with eight Acres next adjacent thereunto, shall be appropriated to and for the Uses and Benefit of the Gov'r, president or Commander in Chief of this province his Residence for the time being for Ever, and the Rest and Residue of the said Land shall be, continue and remain as a Common for the Use of the Inhabitants of the Town for Ever.

Provided always, that in Case the Gov'r, president or Commander in Chief for the time being shall not think fit to reside on the Land appointed for that Use, That then and at Such Times the same shall be at the Disposal of the Commiss'rs aforesaid for the Uses of the publick 'till such Time as the

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Govern'r, president or Commander in Chief for the time being shall dwell thereon.

IV. And be it further Enacted by the Authority aforesaid, that the Said Christopher Gale, Esq'r, shall be present Treasurer and Receiver of all Moneys arising by the Sale of the said Lotts, and on his Death or Departure out of the Governm't then the first Commiss'r shall Succeed and be Treasurer for the time being, giving Security to the Justices of the precinct Court that he will be accountable for the Moneys he shall receive according to the Directions of this Act.

V. And be it further Enacted by the Authority aforesaid, That every person whatsoever who is willing or desirous to be an Inhabitant of the said Town shall have Liberty to take up any Lotts or Lott so laid out as aforesaid and not before taken up, which Lott or Lotts the Commiss'rs afore appointed or any three of them, whereof the Treasurer to be one, are hereby required, directed and impowered to grant, convey and acknowledge to the Persons so taking up the Same and to his Heirs and Assigns for Ever in Fee Simple, to witt, if the said Lott or Lotts be part of the One hundred and forty Acres, then upon the Consideration before expressed, and if part of the Land which was formerly laid out and invested in Daniel Richardson, Esq'r, then upon the payment of thirty shillings for each Lott, Twenty shillings whereof shall be paid to the said Daniel Richardson, Esq'r, to his Heirs and Assigns, and the other Tenn Shillings shall be appropriated to the Use of the Church, to be disposed of as by the Vestry of the N. E. parish of Chowan shall from time to time be directed and appointed.

Provided always, that what person so ever shall take and purchase as in Manner before directed and shall not build or Cause to be built thereon within two Years after the Date of the said Conveyance a good, Substantial, Habitable House, not of less Demensions than twenty feet long and fifteen feet in Width, besides sheds and Leanto's, or make Such preperations for so doing as the Commiss'rs or any two of them shall judge reasonable to secure the Same, Every such Conveyance shall be and is hereby declared Void and of None Effect as if the Same had never been made, and that the Said Lott or Lotts be free and clear for any other person to take up and purchase in Manner as is before directed.

Provided further, that all Moneys arising by the Second or other the Sales of the Said Lotts shall be and it is hereby appropriated to the Use of the parish, first for the building of a Church and afterwards to such other Uses as the Church Wardens and Vestry shall think fit, Except twenty shillings of the Money arising by the Second Sale or Lapse of Such of the Lotts as belong to the Land first laid out for the said Town, which shall be paid to the Said Daniel Richardson, Esq'r, his Heirs or Assigns.

VI. And be it further Enacted by the Authority aforesaid, that the Commiss'rs aforesaid or any two of them shall have full power and Authority and they are hereby impowered and required and Commanded to remove all Nusances within the Limitts of the afores'd Town, and that no persons Inhabitants of the Said Town or holding Lotts there shall Enclose the Same or keep the Same enclosed in the said Town, under a common Stake Fence, but every Lott or Lotts so enclosed shall be either paled in or done with posts and Rails.

VII. And also, as a further Encouragement to the Settlement of the Said Town, Be it also Enacted by the Authority aforesaid, that from and after the 25th Day of March next after the Ratification of this Act the following publick Officers shall and are hereby required under the penalty

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of five pounds p'r Month to keep their Several and respective Offices by themselves or Sufficient Deputies within the Said Town of Edenton, viz't:

Chief Justice
Secretary
Attorney Gen'll
Survey'r Gen'll
Provost Marshal for the County of Albemarle
Escheator Gen'll
Collector
Comptroler
Naval Officer
Register of Deeds and Writings in Chowan
Receiver of Powder.

which Said Fines shall be recoverable by Bill, plaint or Information in the Gen'll Court of this province, one half to the Church Wardens and Vestry of the No. East parish of Chowan, the other half to him or them that shall Sue for the Same, and that all Musters for the Company adjoining to Edenton, Election of Burgesses and all Bussiness and Affairs of the like Nature w'h properly belong to the s'd Precinct shall be taken, done and Transacted w'thin the s'd Town of Edenton, and no other place or places whatsoever. Provided allways, that the said Officers shall not be Obliged to keep their s'd offices in the said Town untill there shall be a Councill Room & Gaol built in the said Town.

VIII. And be it further Enacted by ye authority afs'd, that all Persons possess'rs or owners of Lotts in the s'd Town shall and they are hereby Obliged within two years after the ratification of this Act to take care and Clear all such Lotts so held and possessed by them from all manner of Wood, underwood, or Grubbs that are or may be offencive to the s'd Inhabitants, and shall so keep and maintain the same from time to time and at all times hereafter as often as need shall require, under the penalty of five Shillings p'r m'th, to be recovered before any Justice of the peace, one half to the Informer & the other half to the Vestry for the use of the Parish.

IX. And be it further Enacted by the Authority aforesaid, That in Case of the Death or Departure out of the Governm't of any of the afores'd Commiss'rs at any time or times and at all times hereafter the Remaining part of the Said Commiss'rs are hereby fully authorized and impowered to make Choice of some other person or persons to Succeed Such Commiss'r or Commiss'rs so dying or departing as aforesaid, which person or persons so elected and Chosen shall and they are hereby invested with as full power and Authority to all Intents and purposes whatsoever as the present Commiss'r now herein nominated and appointed, that so the full number of the Commiss'rs may always be kept up and full.

X. And as a further Encouragement to the said Town being the Metropolis of this Governm't, it is Enacted, that at the next Biennial Election for Members of Assembly the Inhabitants of the said Town shall have Liberty to elect a Representative to Sitt in the Gen'll Assembly of this province and shall have the like Liberty in all Succeeding Assemblys, and to encourage the Better Settlement of Bath Town in Bath County.

XI. It is hereby Enacted, That at the next Biennial Election of Members of Assembly the Inhabitants of the Said Town shall have Liberty to elect a Representative for the Said Town to Sitt in the Gen'll Assembly of this province and shall have the like Liberty in all Succeeding Assemblys.

XII. And be it further Enacted by the Authority aforesaid, that the said Johanna do receive out of the publick Treasury the Sum of two hundred and fifty pounds for the Use of her said Daughter, the same being adjudged by this assembly the full Value of the said Lands, and that the Said Johanna do give good Security for appropriating the Said Moneys to the best advantage of Ann, her Daughter: Also the sum of Fifty pounds for the Value of the improvements made by the Said Johanna.

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CHAPTER VI.
An Act concerning fees and Officers.

Whereas, Provision has been made by Authority of Assembly That such Bussiness belonging to the Several Courts for which Fees were not ascertained Should be taxed by the Justices untill the Same was confirmed or disallowed by the Assembly; Wherefore, for the better ascertaining Such Fees as were not mentioned in the List or Table of Fees.

I. 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 Edenton, at Queen Ann's Creek, in Chowan Precinet, for the North-East Part of the said Province, and it is hereby Enacted by the Authority of the Same. That the Fees following shall be added to the List of Officers' Fees, Viz't:

Comptroller's Fees.
£ Shll. d.
For entering, clearing and all Fees relating to his Office 0: 7: 6

Judge of Admiraltie's Fees.
£ Shll. d.
In cases of Dect. Vessels, Seamen's Wages or other Suit exceeding twenty pounds Value recovered, for the first Day 3: 0: 0
For every Day more than One 1: 10: 0

Register's Fees in the like Cases.
£ Shll. d.
For drawing the Libell to be paid to the Advocate 0: 7: 6
Registering the Same 0: 7: 6
Answer and Registering 0: 3: 9
Affidavit and Deposition and Oath 0: 1: 6
For a Decree 0: 3: 0
Copy 0: 3: 9
Dismission 0: 1: 6
Continuance 0: 1: 6
Citation 0: 3: 0
Summons for each Evidence 0: 1: 6

£ Shll. d.
Serving a Citation, Seizing and Return 0: 7: 6
Serving a Decree and return, above five pounds 0: 15: 0
For every pound above twenty pounds 0: 0: 6

Chief Justice's Fees.
£ Shll. d.
For a Writt 0: 3: 0
For Fylying a Declaration, Plea and War't of Attorney 0: 2: 9
For a Copy of a plea attested 0: 1: 0
For a Subpoena 0: 1: 0
For a Retraxit 0: 1: 3
For a Scire facias 0: 2: 6
For Entering Judgm't or Respit 0: 1: 0
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[Chief Justice's Fees.]
£ Shll. d.
For Entering a Rule of Court 0: 0: 9
For the Venire for every Action that goes to ye Jury 0: 1: 6
For swearing every Evidence 0: 0: 6
For reading a Bond or other Paper 0: 1: 0
For taxing Costs 0: 2: 4
For a Writt of Enquiry 0: 2: 6
For entering an Action in the Judge's Book that goes to the jury 0: 3: 0
For Execution 0: 2: 6
For every special Court and Attendance thereon 1: 0: 0
For Searching the Record of the Court 0: 1: 0
For entering Satisfaction 0: 1: 0
For a Copy of a Record attested 0: 1: 0
For the Allowance of a Writt of Error 0: 5: 0
For Bail taken before the Judge 0: 5: 0
For confessing Judgment 0: 1: 3
For admission of any person to be Attorney at Court 1: 0: 0
For fyling the Writt returned by the Marshal 0: 1: 0
For fyling a Bill, Bond or other Writing 0: 1: 0
For Entering the Verdict of a Jury 0: 1: 0
For a Bond from him who sueth by Letter of Attorney, to pay Costs and Damages if Cast 0: 2: 6
For a Replevin and Bond 0: 3: 9
For giving Judgm't on a Special pleading, if the Action be above fifty pounds 0: 10: 0
If under 50 Pounds 0: 5: 0
For receiving and entering an Injunction 0: 7: 10
For Signing a Testimonial of a Woman's Exam'n and renouncing her Right of Dower 0: 10: 0
For the Judge's Book for Every Cause entered to be tryed that Court, if above tenn pounds 0: 5: 0
If under tenn pounds 0: 2: 6
For a Return of a Certiorari 0: 4: 9

II. And be it further Enacted by the Authority aforesaid, That in Case any Bussiness to be done by any Officer in this Governm't for which there is not any Fee ascertained in this Act or the Act intituled an Act ascertaining Officers' Fees, it shall and may be lawfull for the president or Commander in Chief for the time being, with Major part of the Council, to appoint a Fee for the Same as near as may be in Value to the Fees ascertained by act of Assembly for Bussiness of the like Nature, which List of Fees when So appointed shall be laid by the president or Commander in Chief for the time being or the Officer to whom such Fees belong before the lower House of Assembly at their next meeting after Such Appointment for their Allowance thereof, which Fees shall and may be lawfull for the said Officer to take untill the Meeting of the next Assembly after such Appointment and no Longer, unless allowed by the said lower House of Assembly.

III. And be it further Enacted by the Authority aforesaid, That in Case the said lower House of Assembly shall not allow of Such List of Fees so appointed by the president or Commander in Chief for the time being it shall not be lawful afterwards for any Officer or Officers on any pretence whatsoever to have or take any Fees for Such Business other than what shall be appointed by both Houses of Assembly.

IV. And be it further Enacted by the Authority aforesaid, That no Officer

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or Officers whatsoever shall presume to ask, take or receive any other greater or higher Fees than is appointed in this Act and the Act intituled an Act ascertaining Officers' Fees, under the penalty of fifty pounds for every Default, one half to the Informer the other half to the Vestry for the Use of the parish where such Offence shall be committed, to be recovered in any Court of Record within the Governm't, wherein no Essoign, protection, Injunction or Wager of Law shall be allowed or admitted of; Provided the prosecution be within three months after the Offence Committed.

V. And be it further Enacted by the Authority aforesaid, That the following Offices for Bath County, Viz't, the Collector's Office, the Navall Office, the Sherriff's Office, the Clerks Office and the Impost Office for Beaufort and Hyde precincts shall be holden and Kept in Bath Town; The Sherriff's Office and the Clerk's Office for Craven precinct shall be holden and kept in Newburn Town, and all Officers herein mentioned who shall neglect or refuse to hold their Said Offices as in this Act is appointed, either by themselves or Sufficient Dep'ties, shall forfeit and pay for such his Neglect or Refusal the Sum of five pounds for every Month he so neglects or refuses from and after the time limited in this Act, to be recovered in any Court of Record within this Governm't, wherein no Essoign, protection, Injunction or wager of Law shall be allowed or admitted of.

VI. And be it further Enacted by the Authority afs'd, That all the Several Officers in this Governm't shall within the term of three Months from the Ratification of this Act Sett up in publick View in some convenient Place where his Said Office is kept or holden a plain List or Table of Fees belonging to his or their Offices, under the penalty of fifty pounds, one half to the Informer, the other half to the Use of the publick, to be recovered by Bill, plaint or Information in any Court of Record within this Governm't, wherein no Essoign, protection, Injunction or Wager of Law shall be allowed or admitted of.

VII. And be it further Enacted by the Atho'ty afs'd, That every publick Officer in this Governm't that shall have, take or receive or demand any Fees in this Government from any person or persons whatsoever, such Officer so taking, receiving and demanding shall be obliged immediately, if asked or thereunto required, to make out a Tickett of the Several Articles of Such his Fees so taken, received or demanded, and Subscribe his Name thereto and deliver the Same to Such person or persons from whom such Fees shall be taken, received or demanded, under the penalty of five pounds, one half to the Church Wardens and Vestry for the Use of the parish where such Officer shall reside, the other half to him or them that shall Sue for the Same, to be recovered by Action of Debt, Bill, plaint or Information in any Court of Record in this Governm't, wherein no Essoign, protection, Injunction or Wager of Law shall be allowed or admitted of.

VIII. And be it further Enacted by the Autho'ty afs'd, That the Fees which shall be due to any Officer in this Government shall be recoverable on Distress to be made by the high Sherriff of the County only, or his Deputy, on the Goods of the Debtors in Case of Refusal to pay the Same between the first Day of January and the last Day of April Yearly, and at no other times, and then only upon Such Officer's delivering unto the Said High Sherriff or his Deputy a Tickett containing the Separate Articles of the Several Fees demanded by such Officer, to every of which Tickets such Officer shall subscribe his Name, having first made Oath before a Justice of the peace that he hath not received part or parcell of the Same.

IX. And be it further Enacted by the Authority aforesaid, that no high Sherriff or Deputy shall presume to make such Distress for any Fees due to

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any Officer or to ask, take or receive of any person whatsoever on the Behalf of any Officer any Fees whatsoever without immediately delivering to Such person or persons the Ticket whereby he demands the Same, on the Back of which Such high Sherriff or Deputy shall write his Name, under the penalty of Five pounds, one half to the Church Wardens and Vestry for the Use of the parish, the other half to him or them that shall Sue for the Same, to be recovered by action of Debt, Bill, plaint or Information in any Court of Record in this Governm't, Wherein no Essoign, protection, Injunction or Wager of Law shall be allowed or admitted of.

X. And be it further Enacted by the Authority aforesaid, That from and after the Ratification of this Act the Chief Justice for the time being shall have full power and Authority to determine any matter, Cause or thing which heretofore might have been determined by any two Justices of the peace of this province by an Act intituled An Act for the Tryal of Small and mean Causes.

XI. And be it further Enacted by the Authority aforesaid, That for the future the publick shall never be charged for Lists of Rates allowed by the precinct Court for the Ordinary Keepers to Sell by, but that the Same be paid by the Ordinary Keepers, so as the Fees thereof do not annually exceed Tenn shillings.

CHAPTER VII.
An Act, appointing that part of the South-West Parish of Chowan that lies on the South Shore, and Alligator, to be a Distinct Parish, by the Name or south Parish of Chowan; and for Appointing Vestrymen for the said Parish.

I. Whereas the Inhabitants of that Part of Chowan, and Alligator, have petitioned the General Assembly, to be a separate Parish from the West Shore of Chowan, and it being apparent that it is very much to the Prejudice of the said Inhabitants to remain as Part of the aforesaid Parish.

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 Edenton, 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 South Shore of Chowan, from Alligator River to the East Side of Welch's Creek, including all the Land on the Sound, and Morrattuck, lying within the Bounds aforesaid, shall be, and is hereby appointed a separate Parish, by the Name of the South Parish of Chowan; and that the said Parish do enjoy all such Liberties and Immunities as all other Parishes in this Government can or may have.

III. And be it further Enacted, by the Authority aforesaid, That the following Persons are hereby appointed Vestrymen for the said Parish, viz. John Worle, Esq., Mr. Joseph Turner, Mr. John Edwards, Cullen Pollock, Esq., Mr. Samuel Spruill, Mr. Jacob Blount, Capt. William Downing, Mr. James Long, Mr. Thomas Long, Mr. William Ludford, Mr. Joseph Spruill, Mr. John Worley, Which said Vestrymen shall be, and they are hereby invested with all such Privileges and Authorities, and subject to the same Penalties and Forfeitures within the said Parish, as in and by an Act, intituled, An Act, for Establishing the Church, and appointing Select Vestries, is and are given to the Churchwardens and Vestry of the several and respective Parishes in the said Act mentioned.

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IV. Provided nevertheless, That all those Inhabitants of the said Parish now appointed by this Act, which formerly belonged to the South-West Parish of Chowan, shall pay their ratable Part of Taxes, to the Churchwardens of the said South-West Parish, to pay and satisfy the Debts now due from the said Parish, and to make good their agreement with the Reverend Mr. Newname; and that on default of any of the said Inhabitants to pay such Levy, as shall be laid by the Churchwardens and Vestry of the South-West Parish of Chowan aforesaid, for the Use aforementioned, that they be, and they are hereby made subject to the same Penalties and Forfeitures as they should have been, before the Division was made; any Thing before contained in this Act to the contrary, in any-wise notwithstanding.