That indifferent Jurors in all Courts of Judicature within this Governm't for Tryals hereafter to be had may be had, and that the Charge and Appearance thereon may be equally born by all and every the respective persons therein hereafter qualified to Serve upon Jurys.
I. Be it Enacted by his Excellency the Palatin and the rest of the true and absolute Lords prop'rs of Carolina, by and with the Advice and Consent of the rest of the Members of this present Gen'll Biennial Assembly, now mett at Edenton for the No. East part of the Said Province, and it is hereby Enacted, that no person shall be a Juryman in the Gen'll Court to be held for the province but such whose Names are written in the List hereunto annexed, or Such which hereafter shall be added by Authority of Assembly, and if any other person or persons Shall be Summoned to Serve as a Juryman and returned in the Gen'll Court for this province it shall be a good Challenge for either party, and the persons so returned shall be discharged upon the Said Challenge.
II. And be it further Enacted, that before the Conclusion or breaking up of every Gen'll Court the Justices or Judges of the Said Court, in open Court, shall cause a Child not exceeding tenn Years of Age to draw forth from a Box for that purpose the Names of twenty four persons mentioned in the List aforesaid, which persons shall be Summoned and returned to serve as Jurymen at the next Succeeding Court.
III. And be it further Enacted by the Autho. aforesaid, That at the opening of every Court after the Names of the persons Summoned shall be called over and their Appearance or Neglect Entered, and in Case above twelve does appear then the Court shall Cause a Child under Ten Years of Age, in open Court, to draw out of a Box for that purpose Twelve of the Names of those that make their Appearance, and those persons only shall be the Jury to Serve that Court. Provided always, that if it shall happen that any of the Jury for Reasons according to Law shall be challenged, then the Court shall cause their places to be filled up out of Such of the Rest of the twenty four as made their Appearance, to be elected by Lots as is afore appointed, And provided also, that for want of a Sufficient Number of Jurors appearing to Serve as aforesaid it shall and may be lawful for the Judges or Justices of the Said Court to order the Marshal to Summon as Indifferent Jurymen as he possibly can out of any of the Free holders in the Said List that shall be at Such Court, which Said Freeholders so summoned by the Marshal shall be deemed and taken as Sufficient Jurors as those drawn and Summoned could have been had they appeared, anything before recited in this Act to the Contrary Notwithstanding.
IV. And be it further Enacted by the authority aforesaid, That no person whatsoever which has been once drawn and Summoned to Serve as a Juryman shall again Serve before the Names of every person put in the Gen'll Box for Jurymen be drawn out and returned to Serve as Jurymen, and every person qualified to Serve by this Act, which shall be duly chosen and Summoned and returned, which doth not appear, or after appearance doth absent himself from the Said Court before the Said Court shall discharge him, shall forfeit thirty shillings, to be levied by the Marshal by order of
V. And be it further Enacted by the Authority aforesaid, that the Several Sherriffs and Marshals in this Governm't and every respective Judge or Justice of the Gen'll Court shall on or before the Conclusion of the next Gen'll Court Swear in open Court that he will as far as he may or can, either by his Knowledge or Information, follow, observe and keep the Rules and method, manner and way of choosing Jurymen for each Court to be holden in this province according to the true Intent and meaning of this Act, and every Justice, Judge, Sherriff or Marshall which shall be hereafter appointed shall take the Same Oath before he execute any part of his Office, and every Judge, Justice, Sherriff, Marshall, Officer or minister which shall neglect, refuse or omitt to observe and keep all or any of the Rules, Orders, Clauses or things in this Act appointed to be observed and kept shall for each Default forfeit one hundred pounds, one Moiety thereof to him or them that will Sue for the Same, the other to be paid to the publick Treasurer, to be disposed of as the Assembly shall think fit, to be recovered by Bill, plaint or Information in any Court of Record within this Governm't, wherein no Injunction, protection or Wager of Law shall be allowed or admitted of.
VI. And be it further Enacted by the Authority aforesaid, That every Justice or other Officer of any and every precinct Court in this Governm't shall observe, perform and keep the Same Rules and Ways in choosing Jurymen for the Said Court within their Several precincts as by this Act is appointed for the Gen'll Court, under the Same penalties and forfeitures as is before in this Act provided.
Provided always, that the Jurors which are or shall be drawn to serve respectively in the precinct Courts shall be from a List only of such of the persons in the List Annexed or to be annexed as are Inhabitants of the Districts of the Said Courts.
|W'mn. Benbury||1||Jn'o. Jones, Jn'r||16||W'm. Haulsey||31|
|W'm. Bonner||2||Joseph Ming||17||Constant Leuten||32|
|W'm. Charlton, Jn'r||3||Tho. Matthews||18||Jn'o. Lewis||33|
|Jn'o. Charlton||4||W'm. Sadler||19||Ed Patchet||34|
|Orl'do Champion||5||Edward Standing||20||Sam'll Patchet||35|
|Patrick Edgerton||6||W'm. Steward||21||Jn'o. Robinson||36|
|Jn'o. Falconer||7||Tim: Truelove||22||Caleb Stevens||37|
|W'm. Haughton||8||W'm. Thomson||23||Luke White||38|
|Thos. Houghton||9||Jer'ah Vail||24||Rich: Willson||39|
|Jn'o. Harlow||10||James Ward||25||Sam'll Woodward||40|
|W'm. Hocott||11||Francis Branch||26||W'm. Yates||41|
|Henry Jones||12||W'm. Cockrill||27||Jn'o. Champion||42|
|Charles Jones||13||Alex'r Cammeril||28||W'm. Copeland||43|
|Tho. Luten, Jn'r||14||W'm. Coward||29||Jn'o. Welch||44|
|Tho. Jones||15||Jam: Farlow||30||Walter Daughan||45|
|Jn'o. Evans||46||W'm. Bently||80||W'm. Garret||110|
|James Field||47||Jn'o. Collins||81||W'm. Rhodes||111|
|W'm. Freeman||48||George Guiviliams||82||Matt: Adam||112|
|Moses Foxworth||49||Jonas Kitterill||83||Cor: Calehan||113|
|Moses Hill||50||Jac'b Oadham||84||Jn'o. Edwards||114|
|Jn'o. Goodwin||51||Jn'o. Pipkin||85||Jas: E. Hardeson||115|
|Tho. Garrett, Jn'r||52||Jn'o. Wallace||86||Hen: Middleton||116|
|Jn'o. Jordan, Sen'r.||53||Sam'll Spruill||87||Ben. Blount||117|
|Charles Jordan||54||[Wanting in origiinal]||88||W'm. Steely||118|
|Jn'o. Jordan, Jn'r||55||Jac'b Blount||119|
|Ralph Outlaw||56||Godfry Spruill||89||Ben: Alexander||120|
|Tho: Rountree||57||James Long||90||Jos'ah Alexander||121|
|Jn'o. Rice||58||Tho: Hawkins||91||Jos'? Alexander||122|
|Fran: Rountree||59||Jam: Hawkins||92||Jn'o. Jennet, Sn'r||123|
|George Turnedge||60||Jam: Smith||93||Jn'o. Jennet, Jn'r||124|
|W'm. Weston||61||Jn'o. Swain||94||Culbert Phelps||125|
|Mich. Ward||62||Jn'o. Brown||95||Jn'o. Swain||126|
|Jn'o. Ward, Sn'r||63||Jos. Turner||96||Rich. Bortenstill||127|
|Media White||64||Tho. Long||97||Rob't Fewox||128|
|Jn'o. White, Jn'r||65||Henry Norman||98||Jn'o. Valway||129|
|George White||66||Jn'o. Davenport||99||W'm. Frayley||130|
|Aaron Blanchard||67||Matt. Carswell||100||Lewis Johnson||131|
|Mos: Baker||68||W'm. Swinson||101||Tho: Winn||132|
|Rob't Blanchard||69||W'm. Downing||102||Jonath'n Bateman||133|
|Rich'd Chappel||70||Jam: Jones||103||Rich'd Burtenshell||134|
|Cha: Chappel||71||——Hernit||104||W'm. Ludford, Esq'r.||135|
|Jam: Hinton||72||Rich'd Cameday||105||Tho's Bartlet||136|
|Jn'o. Hinton||73||*Jn'o. Walker||106||W'm Bearfield||137|
|Pat Lawlee, Jn'r||74||*Tho. Stubs||106||W'm. Willson||138|
|Ben: Spivey||75||Nath Everett||107||W'm. Ludford, Jn'r||139|
|Ab'm Spivey||76||Dan: Garret||108||Matt. Midgett||140|
|Jac'b Spivey||77||Jn'o. Adderley||109||Anth. Alexander||141|
|W'm. Weston||78||——||Edward Linnenton||142|
|W'm. Trevathan||79||*106 twice in original|
|Jn'o. Norcomb||1||Jn'o. Burkett, Sen'r.||19||George Durant||37|
|Jer'ah Pratt||2||Sam'll Weight||20||Tho: Bartlet||38|
|James Cheston||3||Rich Sutton||21||Jos: Jessop||39|
|Jn'o. Weight||4||W'm. Long||22||Luke Holloway||40|
|Jn'o. Stepney, J'r||5||Jos'ah Callaway||23||Jn'o. Hardson||41|
|Daniel Hall||6||Rich'd Leary||24||Tames Parrisson||42|
|Jn'o. Pettiver||7||Tho: Blichinton||25||W'm. Bartlet||43|
|W'm. Betterton||8||James Thickpen||26||Tho: Holloway||44|
|Abra: Warren||9||Tho: Elliot||27||Rob't Hosey||45|
|James Smith||10||Paul Palmer||28||George Jordan||46|
|Rob't Moor||11||James Anderson||29||Jos: Sutton, S'r||47|
|Ralf Boozman||12||Rich: Skinner, Jun'r||30||Tho: Penrice||48|
|W'm. Bastable||13||James Morgan||31||Tho: Strumball||49|
|Tho. Easton||14||Sam'll Parsons||32||Sam'll Swann||50|
|Tho. Speight||15||Tho: Snoden||33||Dennis Collins||51|
|Tho: Lilly||16||W'm. Stevenson||34||Sam'll Phelps||52|
|James Ming||17||Abr: Jennet||35||Jonas Evans||53|
|Tho: Norcomb||18||Anth: Hatch||36||Ch: Denman||54|
|Rob: Lowry, Sen'r||1||Jn'o. Pendleton||53||Jn'o. Sanderlin||105|
|Rob: Lowry, Jun'r||2||Jn'o. Davis, Jun'r||54||Rich'd. Farrill||106|
|David Bayley||3||Jam: Bell||55||W'm. Linton||107|
|Dan. Jackson||4||Ed: Scott||56||Jn'o. Warren||108|
|Solo'm. Pool||5||Dan Billet||57||Henry Bright||109|
|Rich'd Pool||6||W'm. Calley||58||Char. Bright||110|
|W'm. Simpson||7||Jos'ah. Stockway||59||Philip Evans||111|
|W'm. Turner||8||Lew: Alex: Knight||60||Jn'o. Bright||112|
|Jn'o. Davis||9||Tho. Palin||61||Ed: Bright||113|
|Hen: Prayper||10||Rob't Palmer||62||Rich: Bright||114|
|Steph. Hall||11||W'm. Brothers||63||W'm. Upton||115|
|George Low||12||Tho: Woodley||64||Ed: Overton||116|
|Sam'll Jackson||13||W'm. Stevens||65||Fran: Overton||117|
|Dan'l Jackson, Jr||14||Baily Forbus||66||Jn'o. Brukitt||118|
|Nath Hall||15||Rob. Tucker||67||Jos: Moneck||119|
|Tho. Commander||16||Tho: Gregory, Sen'r||68||Trueman McBride||120|
|Jn'o. Forree||17||Tho. Forbus||69||James Spence, Jn'r||121|
|Jos: Oliver||18||Tho. Gregory, Jun'r.||70||Jos. Markham||122|
|Rich. Fagan||19||Rich. Gregory||71||Brian Garret||123|
|Rich. Gray||20||Jos: Cooper||72||Cor: Forehand||124|
|Jn'o. Arnar||21||Jn'o. Relph||73||Rob't. Joy||125|
|Rob't Keel||22||Jn'o. Morton||74||Gab: Burnham||126|
|Levi Marhim (?)||23||Jn'o. Baily||75||W'm. Phillips||127|
|Rob't Arnar||24||George Griffin||76||Jn'o. Jones||128|
|Val'ne Wallis||25||W'm. Seaborn||77||Frances Martin||129|
|W'm. Smith||26||Griffith Jones||78||Freeman Jones||130|
|W'm. Lewis||27||Henry Crech||79||Ja: Camnull||131|
|Jn'o. Brothers||28||Darby Sillivant||80||Nath Williams||132|
|Rowland Buckley||29||Sam'll. Barnard||81||Jn'o. Burnham||133|
|Henry Nichols||30||Tho: Raymond||82||Jn'o. Right||134|
|W'm. Cartwright||31||George Kemp||83||Ed: Right||135|
|Tho: Smithson||32||Rob: Forksee||84||Jn'o. McDaniel||136|
|Jos. Redding||33||W'm. Right||85||Sam'll Pritchard,Sr.||137|
|Dan'll Rhodes||34||Jos. Guilford||86||Sam'll Pritchard, Jr||138|
|Ed. Wharton||35||Jn'o. Forksee||87||W'm. Rhodes||139|
|W'm. Ralph, Jn'r||36||Jos: Harrison||88||Isaac Jones||140|
|Jos. Cartwright||37||Rob't. Harrison||89||Jn'o. Jones||141|
|James Caroon||38||Walter Cornew||90||Jam. Spence, Sen'r||142|
|George Caroon||39||George Bell||91||Alex: Spence, Sen'r||143|
|Jer'ah Merden||40||Dennis Croney||92||Rich: Hastings||144|
|Char: West||41||Hen: Hammond||93||Jn'o. Spence||145|
|Jn'o. Clerk||42||Ed: Farecloth||94||Jer. Sawyer||146|
|Evan Jones||43||Jn'o. Cartwright||95||Caleb Sawyer||147|
|James Greeves||44||Austin Sarbrough||96||Jno. Relph, Jr||148|
|Rob't Wallis||45||Henry Bray||97||Rob. Sawer, Sen'r||149|
|W'm. Norris||46||Tho: Miller||98||Jacob Sawer||150|
|Hen. Buckbert||47||Rory Scarborough||99||Hen. McDaniel||151|
|Jn'o. Harris||48||W'm. Burgess||100||W'm. Jennins, Jun'r||152|
|Tho. Harris||49||Jn'o. Bell||101||Tho. Sawer||153|
|Arthur Mapsum||50||Jn'o. Perkins||102||Jn'o. Jennins||154|
|Jn'o. Davis, Sen'r||51||Jn'o. Beech||103||Ja: McDaniel||155|
|Tho. Davis||52||W'm. Fauck||104||W'm. McDaniel||156|
|Peter Sawer||157||Alex: Spence||166||Ed: Williams||174|
|Jer. Saxton||158||Abel Ross||167||Rob't. Morgan||175|
|Solo'n. Sawer||159||J. Jones,Cordwinder||168||Jos: Upton||176|
|Hen. Sawer||160||Jn'o. Jones, Cooper||169||W'm. Williams||177|
|Ch: Sawer||161||Jn'o. Jones,Weaver||170||Jonas Jones||178|
|W'm. Sawer||162||Solomon Davis||171||Charles Bolt||179|
|Dan: Sawer||163||Rob't. Sawer, Jun'r||172||Ed: Upton||180|
|W'm. Forksee, Jun'r||164||Daniel Cowin||173||Jn'o. Upton||181|
|Rich: Etheridge||1||James Poyner||23||Tho: Moncreef||44|
|Tho: Lurley||2||Tho: Poyner||24||And'w. Etheridge||45|
|Jasp. Sanderson||3||W'm. Davis||25||W'm. Lufmon||46|
|Tho: Javis||4||Rich. Doger||26||Ed. Cox||47|
|Tho: Parker||5||Rich. Bright, Jn'r||27||W'm. Bright||48|
|G.os'tr. Jarvis||6||Daniel Savil||28||James Bright||49|
|Js: Parker||7||Peter Dowger||29||Ben. Bennitt||50|
|Rich: Church||8||Wallis Bray||30||Jn'o. Monck||51|
|Pet. Peyner||9||Ed: Taylor||31||Moses Linton||52|
|Tho: Peyner||10||Sam'll. Simons||32||Jn'o. Linton||53|
|Hen: Caden||11||Jn'o. Legitt||33||Hen: Bright||54|
|Tho: Taylor, Sen'r||12||David Legitt||34||Dan: Gettree||55|
|Tho. Taylor, Jn'r||13||Dennis Riordin||35||Henry Gibbs||56|
|W'm. Bell||14||Jn'o. Perkins||36||David Jones||57|
|Jn'o. Bell||15||Jos: Bowren||37||Ralph Mathan||58|
|Jn'o. Crabb||16||Rich'd. Transhaw||38||W'm. Pattason||59|
|Luke White||17||Rob't. Heath||39||Tho. Spencer||60|
|Jn'o. Walker||18||Jn'o. Brent||40||Jn'o. Burton||61|
|Evan Miller||19||Tho: Brent||41||Jn'o. Man||62|
|. Patter||20||Tho: Davis||42||George Powers||63|
|W'm. Parker||21||Cha: Brent||43||Jn'o. Penny||64|
|Jno. Bently||1||Rog'r. Snell||19||Arthur Duggle||37|
|Wm. Bently||2||Jn'o. Gardener||20||Peter Gray||38|
|Ed: Smithwick||3||Rob't. Bell||21||James Leggile||39|
|Wm. Caneday||4||Francis Hopoon||22||David Hicks||40|
|George Brumley||5||Wm. Hardy||23||Tho's. Williams||41|
|Jno. Smithwick||6||Jonath Jacocks||24||Jn'o. Edward, Jn'r||42|
|Jona'th. Taylor||7||Jos: Hudson||25||Owin Daniel||43|
|Peter Standel||8||George Smith||26||Wm. Griffin||44|
|Martin Cromen||9||Jn'o. Coock||27||Martin Garner||45|
|Charles Pate||10||Jn'o. Horren||28||Ed: Moor||46|
|Wm. Pate||11||Jos: Shittlethorp||29||Nich: Fryer||47|
|James Feltham||12||Rob't. Anderson||30||Jonath. Stanley||48|
|Laurence Searson||13||Jona'th. Rider||31||James Roberts||49|
|James Cashlow||14||Wm. Meazel||32||Cha: Barber||50|
|Chris'phr. Vanlubin||15||Philip Ward||33||Sam'll. Herren||51|
|Jn'o. Brown||16||Rob't Button||34||Wm. Redey||52|
|Martin Rasors||17||Jno. Hobson||35||Mich: King||53|
|James Currey||18||Jno. Stephens||36||Jn'o. Hill||54|
|Jn'o. Bryan||55||Rich: Melton||83||Wm. Moor, Jun'r||111|
|Ed: Bryan||56||Geo: Williams||84||Jam. Williams||112|
|Wm. Sharp||57||Jn'o. Blackman||85||Wm. Bennet||113|
|Jn'o. Beverly||58||Henry Whealer||86||Jam: Blount||114|
|Wm. Moor||59||Jos: Sims||87||Wm. Gray||115|
|Jos: Johnson||60||Jos. Lamb||88||Wm. Jones||116|
|Tho: Boon, Jn'r||61||Jn'o. Cotton||89||Rob. Braswell||117|
|Hopkin Howill||62||Rob't. Sims||90||Wm. Whilefield||118|
|Wm. Arrenton||63||Manuel Rogers||91||James Wood||119|
|Elias Fourd||64||Tho: Whitshell||92||Ben: Foreman||120|
|Wm. Ridger, Jn'r||65||Tho. Arrington||93||Jam: Howard||121|
|Tredle Keeth||66||Jn'o. Green||94||Mat. Swanner||122|
|Aaron Drake||67||Jn'o. Bobit||95||Pet: Parker||123|
|Wm. Boon||68||Hen: Sims||96||Rob't. Evans||124|
|Wm. Bowill||69||Jona: Clift||97||Tho. Tubril||125|
|Martin Letter||70||Peter Velst||98||Sam'll. Williams||126|
|Jno. Bryan||71||Leon'd. Langston||99||Jn'o. Cnister||127|
|Tho: Grayne||72||Moor Carter||100||Jn'o. Williams||128|
|Sam'll Garlin||73||Stephen Howard||101||Jn'o. Dickson||129|
|Jno. Bardin, Jn'r||74||James Peak||102||Rich'd. Pace||130|
|Wm. Ricks||75||George Powell||103||Paul Brown||131|
|Wm. Vinson||76||Jn'o. Rasberry||104||Ed: Outlaw||132|
|Jon'ath. Williams||77||Rich'd. Killkintin||105||Henry Barfield||133|
|Jos. Dardin||78||Jacob Pope||106||Tho: Barfield||134|
|Tho. Brett||79||Rob: Long||107||Wm. Whitehead||135|
|Nich: Sheshions||80||Wm. Green||108||Wm. Bryant||136|
|Char. Stopplins||81||Ben: Wood||109||Jn'o. Pope||137|
|Frances Parker||82||Wm. Moor, Sen'r||110|
|George May||1||Rog'r. Kennion||24||Abra. Pritchard||47|
|Tho: Dudley||2||Jn'o. Adams||25||Tho: Wood||48|
|Tho: Mount||3||Martin Holt||26||Jn'o. Bond||49|
|Henry Smith||4||Tho: Howell||27||Rob't. Campain||50|
|Sam'll. Cooper||5||James Touchburg||28||James Shingleton||51|
|Rich Nickson||6||Anth Macheel||29||William Daw||52|
|Chris. Dudley||7||Tho. Worsley, Jn'r||30||Ed. Flanakin||53|
|Jn'o. Snoad||8||Lionel Reading||31||Wm. Lewis, Jn'r||54|
|Wm. Martin||9||Tho: Blount||32||Wm. Jones||55|
|Jn'o. Bathurst||10||Jn'o. Hill||33||Tho: Henderson||56|
|Walter Jones||11||Harman Hill||34||Wm. Carruther||57|
|Jn'o. Jackson||12||Ed. Peirce||35||Jn'o. Carruther||58|
|Tho: Bathurst||13||Tho: Tyee||36||Jn'o. Martin||59|
|Jn'o. Brock||14||David Dupoise||37||Tho: Wain||60|
|Wm. Putnel||15||Jn'o Pursel||38||David Perkins||61|
|Jos. Porter||16||Rob't Turner||39||Wm. Williams||62|
|Tho: Worsley||17||Tho: Pasfield||40||Tho: Bonner||63|
|Ed. Salter||18||Wm. Sigley||41||Francis Lenare||64|
|Simon Alderson||19||Jn'o. Rigney||42||Jn'o. Chester||65|
|Jn'o. Odeen||20||Moses Barras||43||Peter Price||66|
|Char: Odeen||21||Evan Jones||44||Tho: Lewis||67|
|Jn'o. Worsley||22||James Lee||45||Jos. Morgan||68|
|Eleaz'r. Lillington||23||James Lee, Jn'r||46||Jos: Tart||69|
|Lazarus Holme||70||Wm. Cording||87||Jn'o. Sulivant||104|
|Rich. Harvey||71||Ed. Stafford||88||Jn'o. Davis||105|
|Tho. Jackson||72||Jn'o. Fourman||89||Cor. Tice||106|
|Jos. Hall||73||Wm. Barrow||90||J'n. Slade||107|
|Jn'o. Adams, Jn'r||74||Henry Eburn||91||Rich: Brice||108|
|Henry Bailey||75||Wm. Windley||92||Rog'r. Mason||109|
|Rich: Silvester||76||Jam: Welch||93||Fos: Jarvis||110|
|Oliver Smith||77||Collum Flin||94||Tho: Tooly||111|
|Rich: Pitt||78||Tho: Duvain||95||Sam'll Jasper||112|
|Phillip Bayner||79||Ed. Winn||96||Jn'o. Leith||113|
|Jn'o. Wright||80||Simon Bright||97||Tho: Gooding||114|
|Jam: Bright||81||Abra: Wilkinson||98||Ed. Hadley||115|
|Jn'o. Harvey||82||Ezek: Weeks||99||Tho: Giddens||116|
|Wm. Martin||83||Daniel Cox||100||Benj. Slade||117|
|Rob't. Spring||84||Tho. Philip||101||Jn'o. Giddeons||118|
|Wm. Webster||85||Char: Smith, Jn'r||102||Ben. Sanderson||119|
|Hen: Bright||86||Tho: Smith||103||Jn'o. Lawson||120|
|Tho. Martin||1||Chris. Slaver||16||Jac'b. Sheets||31|
|Wm. Dupoize||2||Jn'o. Lecher, Miller||17||Mich. Resabel||32|
|Wm. Hudson||3||Jacob Miller||18||Ed. Garling||33|
|Jn'o. Tanayhill||4||Matt. Ressenover||19||Peter Real||34|
|Rich. Hill||5||Fran: Brice||20||Rich: Johnson||35|
|Tho. Jones||6||Ad: Moor||21||Martin Frank||36|
|Rob't. Watson||7||Geor: Mites||22||Randolph Fisher||37|
|Tho. Masters||8||Caleb Metcalf||23||Jn'o. Biggs||38|
|Fran. Nill||9||Peter Handy||24||Francis Dawson||39|
|Wm. Smith||10||Jn'o. Tumveal||25||Dan: Shine||40|
|Wm. Handcock||11||Jn'o. Dipp||26||Jos. Edmondson||41|
|Cor. Loftin||12||Jn'o. Simons||27||Char. Hopton||42|
|Leo'd. Loftin||13||Henry Perk||28||Jn'o. Fulpher||43|
|Jn'o. Slocumb||14||Hen. Perlerbo||29||Alex. Nelson||44|
|Chris: Isler||15||Jn'o. Wixdell||30|
|Cap't. Jno. Nelson||1||Jn'o. Simpson||11||Rich'd. Caneday||21|
|Rich: Rustull, Esq'r||2||Tho: Gillikin||12||Char. Coxdell||22|
|Enoch Ward||3||Rob't. Strey||13||Wm. Wills||23|
|Rich: Whitehouse||4||Rob't. Atkins||14||Levi Cressey||24|
|Jos. Hulford||5||Rich'd. Harvey, J'r||15||Jn'o. Shaw||25|
|Ed. Ward||6||Edm'd Ennitt||16||Jn'o. Fraser||26|
|Ross Bell||7||Mich. Packquenel||17||Jn'o. Hatten||27|
|Wm. Shubridge||8||Rob't. Osborn||18||Wm. Noble||28|
|Jn'o. Jarret||9||George Coxdell||19||Daniel Mackdaniel||29|
|Rich: Williamson||10||David Shepert||20|
Whereas by the act entitled an act relating to biennial and other assemblies and regulating elections and members; and by a late act entitled an act for enlarging and encouragement of the town called Edenton in Chowan precincts the inhabitants in several towns in this government have liberty to elect a representative to sit in all succeeding assemblies but there being no particular dirctions how such representative or the votes shall be qualified for the better regulating thereof.
I. Be it Enacted by his Excellency the Palatin and the rest of the true and absolute Lords prop'rs of Carolina, by and with the Advice and Consent of the rest of the Members of this present Gen'll Biennial Assembly, now mett at Edenton for the No. East part of the Said Province, and it is hereby Enacted by the authority of the same, That no person or persons shall be admitted representative or Burgess for any town in this government unless he be a freeholder or owner of a saved lott in the said town and hath been so for eighteen months preceding the said election and doth constantly maintain and keep an habitable house thereon.
II. And be it further enacted by the authority aforesaid, that no person or persons whatsoever shall be admitted to elect or vote for a representative or burgess for any town in this government unless he be an owner of a saved lott in the said town and doth constantly keep an house or houses in repair thereon not lett or tenanted to and by a person capable of voting in the said town, though not residing therein. Provided nevertheless that where any person who hath paid the preceding year's levy or pole tax doth rent and live in and on any such house or lott in the said town not tenanted shall have a right of voting for a representative or burgess, but if the tenant by law have not a right to vote, then the owner thereof and not the tenant shall have the vote and no other person or persons than what are above expressed, shall have any vote for any member or representative in such towns, any law usage or custom to the contrary notwithstanding.
III. And be it further enacted by the authority aforesaid, that no person or persons whatsoever, not having resided within this government eighteen months next preceding any succeeding elections shall be capable of being elected or chosen as a representative or member of assembly for any town or precinct within the government.
IV. And be it further Enacted by the Authority aforesaid, That the Commiss'rs of Edenton or any two of them may and they are hereby impowered to appoint a Scavanger and also to adjudge what things shall be Nuisances (saving Appeal to the Gen'll Court) and to what person soever owner of any Lott or Lotts within any Town in this Governm't or other Inhabitant therein shall neglect or refuse to remove anything so adjudged a Nuisance within Seven Days, the Said Commiss'rs or any two of them shall by their Warr't under their Hands cause the Scavanger to do it, and shall allow him such reasonable Charges for so doing as they on their Oaths shall think fit to be charged on the Goods and Chattels of the Delinquent.
V. And be it further Enacted by the Authority aforesaid, That from and after the first Day of January next ensuing no person or persons whatsoever owning Lotts or residing in any Town within this Gov'mt Shall keep or cause to be kept any Hog or Hogs, Pigg or Shoats within the Limits of the Said Town unless in Close penns or Styes, under the penalty of the forfeiture of such Hog or Hogs, pig or Shoats so kept, one half to the poor of the
And whereas, Several of the Inhabitants of Edenton in Chowan precinct have cutt down, wasted and destroyed abundance of the Timber on the Remaining part of the Land not yet taken up, having cutt down Large and great Oaks and other Timber Trees only for the Sake of the Limbs for Firewood, leaving the Truncks or Bodies to rot on the Ground,
VI. Be it therefore Enacted by the Autho'ty aforesaid, that upon Complaints made to the Commiss'rs or any two of them of any person so offending they shall issue their Warr't to two Freeholders of the Said Town to view the Offence, and upon proof made of the Fact committed to ascertain the Damages, which are to be levied by a Warr't from the Commiss'rs or any of them on the Goods of the Offender, to be paid into the Hands of the Town Treasurer for the Use of the said Town, and for the Encouragem't of Trade and Merchants to reside in the Said Town of Edenton, being the Metropolis of this Governm't.
VII. Be it further Enacted by the Autho'ty aforesaid, that it shall and may be lawfull for any person that is Owner of a Front Lott to erect and build Wharfes, Store Houses and other Conveniences for the Landing and Storing of Goods on any part of the Land fronting there own and as far out into the Water as he or they shall think fit, not goeing further than the edges of the Channel, first leaving the breadth of Street six feet between his or their Lott and the front & paying Tenn Shillings for the same to the Com'rs of the Town (for the use of the publick), who are hereby Impowered to make him or them Grants & conveyances as for other Lotts in the said Town.
And in Case the Owner and prop'r of a Front Lott or Lotts shall not within Six Months after Notice given take up and purchase his front, and likewise shall not within two Years after the purchase thereof Secure the Front street from the Water's Incroachm't, that it shall and may be lawfull for any other person to take up and purchase the Same, under the Condition afore mentioned.
And whereas, by a former Act of Assembly, intituled an Act for appointing a Town in the County of Bath and for securing the Library belonging to St. Thomas parish in pantico, The Courts for the precincts of Beaufort and Hyde were impowered to raise the Sum of one hundred pounds by a Tax on the pole of the Said precincts to erect and Build a Court House at Bath Town for the Said precincts, and the Said Sum being found insufficient to build and finish the Same, with a prison for the Said County, and to continue the Same in Repair, w'ch is found absolutely necessary by Reason of the heavy Complaints from the provost Marshal and divers of the Inhabitants of the Said County;
VIII. Be it therefore Enacted by the Authority aforesaid, that the Members of the Said Court for the time or the majority are hereby authorized and impowered to assess and lay a pole Tax on the Inhabitants of the County of Bath on or before the tenth Day of June next, and apply the Same to the building of a prison for the Said County at Bath Town. And the provost Marshal is hereby required and commanded to collect the Same with the next publick Collections.
Provided nevertheless, that the Said poll Tax shall not exceed five shillings p'r pole p'r Annum, And that it shall and may be lawfull for the Members of the Court for the precinct of Beaufort and Hyde to assess a pole Tax if they shall think fit, Yearly on the Inhabitants of the Said precincts Sufficient to keep the Court House in good Repair, and a pole Tax on the Inhabitants
And Whereas, in and by a certain Clause in an Act intituled an Act for appointing a Town in the County of Bath as aforesaid, It is provided and enacted that no person or persons whatsoever shall erect and build any Store House or Building on the Front of the Lots for the Said Town whose Highth Shall exceed tenn feet from the Surface of the Earth, which Clause is found very prejudiciall to trade and to the Inhabitants of the Said Town in General.
IX. Be it therefore Enacted and it is hereby Enacted by the Authority afs'd, That the s'd Clause in the Said Act be repealed and declared Null and Void.
X. And be it further Enacted by the Authority aforesaid, That it shall and may be lawfull for persons owning Front Lotts in Bath Town to build and make Wharfs before such fronts into the Water so far as to the Edge of the Channel.
And Whereas, his Excellency the palatin and the Rest of the true and absolute Lords prop'rs have out of their Great Bounty and Zeal for promotion of true Religion and piety given two hundred pounds sterling towards the Building of a Church in Such place as the Gen'll Assembly shall think proper and suitable for Benefit of the Generality of the Inhabitants, And the Gen'll Assembly having already declared Edenton to be the metropolis of this Gov'm't:
XI. Be it therefore Enacted, that the Said Sum of two hundred pounds Sterling given by the Lords prop'rs be applyed towards the erecting a Church at Edenton, and that the Commiss'rs appointed for the building of the Court House, prison and Council Room at the Said Town be and are hereby appointed Commiss'rs for building the Said Church, to be built of Brick and not of Less Demensions than of fifty feet Long and twenty five feet wide, with proper pews or Seats for the Gov't and Council, the Members of Assembly and Justices of the General Court.
XII. And be it further Enacted by the Authority aforesaid, That the Sum of two hundred pounds be drawn out of the publick Treasury by the Commiss'rs aforesaid, to be added to their Lordships' Donation, that the Said Church may be handsomely and completely finished, fit for the Service of God.
And the Commiss'rs aforesaid or any three of them are hereby authorized and impowered to demand and receive from the Lords prop'rs' Receiver Gen'll the Sum of two hundred pounds Sterling and from the publick Treasurer of this Governm't the Sum of two hundred pounds, as they shall have Occasion to apply the Same towards erecting the Said Building.
And Whereas, by the Act Incorporating Beaufort Town in Carteret precinct it is Enacted that ten shillings out of the thirty shillings to be paid for the purchasing of Lotts in the Said Town shall be appropriated for the fortifying the Said Town, And Rich'd Rustull, Esq'r, having represented to us the great Charge he is likely to be at in Surveying and Laying out the Said Town,
XIII. We pray that it may be Enacted and be it further Enacted, that the Said ten shillings arising by the first Sale of Lotts in the Said town shall be paid to the Said Rich'd Rustull, his Heirs and Assigns, in Compensation
Whereas, many Complaints from Masters and others trading into this province concerning the Great Difficulty they find in Bringing their Vessels over the Barrs and other Shoals into the ports of Trade here make it expedient that Some Speedy care be taken to beacon or mark out the Said Shoals, Barr and Inletts:
I. Be it therefore Enacted by his Excell'y the palatin and the rest of the true and absolute Lords prop'rs of Carolina, by and with the Advice and Consent of the rest of the Members of this present Gen'll Biennial Assembly, now mett at Edenton for the No. East part of the Said Province, and it is hereby Enacted by the Autho'ty of the Same, that the Sum of two hundred and fifty pounds be appropriated for facilitating the Navigation and for Assisting Vessels from Roanoak Inlett over the Shoals, especially that Called the “Heave away” Boys up to and out of the Said port, by lightening them with Flats or otherwise, as to the Commiss'r hereafter nominated shall seem most expedient, for one whole Year, to be compleated and ended the first Day of April in the Year of our Lord one thousand Seven hundred twenty and five; And that all the powder Money arising from Vessels trading in and to the County of Bath for one Year, commencing from the Ratification of this Act, be appropriated to make Easy the Navigation in the Said County, and directing and assisting Vessels from Oackacock Inlet over the Shoals, up to and out of the port of Bath, after such Method and in Such Manner as the Commiss'r hereafter nominated shall think proper to direct for one whole Year, to be compleat and ended on the first Day of April, in the Year of our Lord one thousand Seven hundred twenty and five.
II. And be it further Enacted by the Authority aforesaid, that any person or persons that Shall be appointed by the Commiss'r hereafter nominated as Undertakers of (before he or they undertake the Same) buoying or beaconing out the aforesaid Channels leading from the Inlets of Roanoak and Oacacock and doing what Else to be found expedient to direct the NavigatingVessels into and from the ports abovementioned, Shall enter into Bond with good and Sufficient Security in the Sum of one thousand pounds, payable to the Said Commiss'r for the Use of the publick, with Condition that he or they so undertaking shall and will faithfully and truly do his or their best Endeavour to Search and find out in each of the Channels the best and deepest Waters, and at all proper places to fix in the best Manner Buoys, Booms or Beacons through the Channel aforesaid, beginning at the Barr the Said Inlets and placing the Same up the Channel to the Respective ports, and that he or they will do their Best to perform and execute all Such other and further Orders and directions as from time to time they shall receive from the Said Commiss'r.
III. And be it further Enacted by the Authority aforesaid, That the persons undertaking as aforesaid, after Beaconing the Channels aforesaid and doing what other things shall be found expedient to direct the Navigating
And Whereas, it may be of evill consequence for the Undertaker or Undertakers in either of the Respective ports to lay down his or their Office and desist from Officiating,
IV. Be it Enacted by the Authority aforesaid, that no Undertaker or Undertakers as aforesaid shall lay down his or their Office or desist from Officiating untill he hath given the Commiss'rs or the Major part of them, in the Respective Courts aforesaid, three Months' Notice of Such his Intention to lay down.
V. And be it Enacted by the Authority aforesaid, that all the Undertakers and every of them so appointed by the Commiss'rs hereafter named shall (before he or they Enter, or the major part of them), that he or they shall not, directly or indirectly, for him or themselves or any other person or persons whatsoever, deal or bargain for or desire the Refusal of any Goods, wares or Merchandises that any master or Commander of any Vessels or any other persons belonging to them or in the Said Vessell shall have to Sell or dispose of untill Such Vessel shall be duly entered in and with the Respective proper Officers of the ports afores'd, neither shall he employ or give Instructions to any person or persons whatsoever for him or in his Stead to deal, bargain for or desire the Refusal of any Goods, Wares or Merchandizes as afores'd.
VI. And be it further Enacted by the authority aforesaid, That Christop'r Gale, Jn'o. Lovick, Richard Sanderson and Ed: Moseley, Esq'rs., and Wm. Badham, Gen't., are hereby appointed Commiss'rs for the part of Roancack, and Maurice Moor, Jn'o. Porter, Esq'rs., Jn'o. Baptisti Ash, Tho. Boyd, Patrick Maule, Gent's, are hereby appointed Commiss'rs for the port of Bath in the said County, who are hereby authorized and impowered to agree with and from time to time to give directions to such person or persons as shall be willing to Undertake the aforesaid Beaconing of the Channels to their Respective ports, and what other matter or thing or things that shall be found expedient to direct the Navigating Vessels into and from the aforesaid ports. And upon Complaints made to the Commiss'rs of each respective port, or the major part of them, of the Negligence, Refusal, Carelessness or other Default of Such Undertaker or Undertakers the Said Commiss'rs are hereby impowered to displace and remove Such Undertaker or Undertakers, and if upon Sufficient proof made that any Vessel hath Sustained any Damage thro' Negligence, Refusal, Carelessness or any other Default of Such Undertaker or Undertakers, he or they so offending shall and are hereby obliged to make Satisfaction for the Same.
VII. And be it further Enacted by the Authority aforesaid, That upon the Death, Removal or Refusal of any of the aforesaid Commiss'rs the major part of the Said Commiss'rs remaining are hereby impowered and authorized to appoint others in his or their Stead or place.
VIII. And be it further Enacted by the Authority aforesaid, That no Master, Commander or other person belonging to any Vessel whatsoever trading into this Governm't shall cast or throw over board into any of the Channels or Navigable Waters leading into any of the Harbours or ports of this Governm't any Stones or other Ballast whatsoever, under the penalty of ten pounds, to be recovered by Action of Debt, Bill, plaint or Information in any
IX. And be it further Enacted by the Authority aforesaid, That the aforesaid Undertaker or Undertakers have Liberty to take and make Use of any Wood or Timber Growing or standing on any person's Land adjacent or convenient unto them for the Use of Buoying, Beaconing or otherwise, as shall be by them wanted for the better accomplishing the Bussiness aforesaid.
X. And be it further Enacted by the Authority aforesaid, that all and every former Act and Acts, Clause or Clauses, and everything in them contained relating to pylots, are hereby repealed, annulled, revoked and declared void, as tho' the Same had never been made.
Whereas in and by an Act to ascertain Officers' Fees It is provided in the List or Table of Fees mentioned in the Said Act That the Governour shall have and receive for Entering and Clearing Vessels not dect Boats and Canoes of the Country, if bound to forreign parts, the Sum of two shillings and Six Pence In Silver or pork; for Entering and Clearing forreign Vessels one pound two shillings and six pence; for taking Bond of Masters of Vessels, five shillings, and for an Order to obtain a pass for people going out of the Country, five shillings; Which Office the Govern'r formerly did act in as Naval Officer and of Late has appointed persons to act as Such, which have received the aforementioned Sums as Naval Officers; and forasmuch as heavy Complaints are frequently made by Masters of Vessels coming and trading within this province of the great Hardships and Difficulties they undergo by being compelled to procure and pay the Naval Officer's Fees or part of them in Silver Money (in a Country where Silver is scarce to be purchased at any Rate), or in pork, which is not Seasonable at all Seasons of the Year; it is therefore found highly Necessary to Remedy the Same.
I. Wherefore be it Enacted by his Excell'y the Palatin and the rest of the true and absolute Lords prop'rs of Carolina, by and with the Advice and Consent of the rest of the Members of this present Gen'll Biennial Assembly, now mett at Edenton for the No. East part of the Said Province, That all and every person or persons whatsoever qualified or acting within this province as naval Officers at any time hereafter shall ask, demand and take in his or their Offices aforesaid the Several Sums hereafter mentioned in the publick Bills of this province or rated Commodities, at the Choice of the person paying or to pay the Same, Viz't:
|For Entering and clearing Vessels not deckt Boats or Canoes of the Country, if bound to forreign Parts||0 :||6 :||0|
|For Entering and clearing dect Vessels belonging to the Country||0 :||12 :||6|
|For Entering and clearing forreign Vessels, to include all Fees except Such as are in the Act particularly ascertained||2 :||16 :||0|
|For taking Bond of Masters of Vessels, to be understood of either Bond which Masters of Vessels are obliged to give||0 :||5 :||0|
|For Bond in order to obtain a pass for People going out of the Country||0 :||5 :||0|
II. And be it further Enacted by the Authority aforesaid, that from and after the Ratification of this Act it shall and may be lawfull for any Collector of his Majestie's Customs in this Governm't to have and receive the Fees following, in Lieu of Such Fees as are ascertained in an Act intituled an Act to ascertain Officers' Fees, to be paid in province Bills or Rated Commodities of this Governm't, at the choice of the person paying or to pay the Same, Viz't:
|For Entering and clearing forreign Vessels, Including all Bussiness incident||1 :||5 :||0|
|For Entering and clearing open Vessels of the country, including as aforesaid||0 :||5 :||0|
|For entering and clearing dect Vessels of the Country, including as aforesaid||0 :||10 :||0|
|Certificate upon the Change of a Master||0 :||5 :||0|
|Writing and Signing a Register||0 :||10 :||0|
|Recording a Register, if required||0 :||5 :||0|
|Certificate for Enumerated Goods to the Naval Officer and Collector, each||0 :||2 :||6|
|Certificate for the Bounty in England and for his Oath, for each Officer||0 :||5 :||0|
|Recording a Certificate in Each Office for cancelling the Enumerated Bond, Each Officer||0 :||2 :||6|
III. And be it further Enacted by the Authority aforesaid, That if any Naval Officer or Collector, or any of his or their Deputies within this Gov'm't, at any time after the Ratification of this Act, shall presume to ask, demand or take any further, larger or other Fees in his or their Office or Offices aforesaid than is herein and hereby ascertained and Set down, such person or persons so offending shall be and they are hereby declared Subject to the Fines and Forfeitures mentioned in an Act intituled an Act concerning Fees and Officers, to be recovered and appropriated as in and by the Said Act is directed and appointed; and whereas, the five first foregoing Articles of Fees to the Naval Officer herein and by this Act ascertained always have been and still are adjudged, held, deemed and taken to be the Naval Officers' and not the Govern'r's Fees, notwithstanding they are mentioned in a List of the Governour's Fees in an Act intituled an Act to ascertain Officers' Fees, which Said five Articles therein mentioned are hereby repealed and declared Null and void, any Law, Statute or Custom to the Contrary Notwithstanding.
And, forasmuch as Sundry Officers within this province whose Fees are by Law ascertained in Current Money have presumed to ask and take of Masters of Vessels and others their Several Fees, part thereof in Silver Money, pork or Bills of Exchange, to other parts to the great Hinderance of Trade, under the pretence that the Laws of Great Britain have appointed their fees in Silver Money, for prevention whereof,
IV. Be it Enacted by the Authority aforesaid, that from and after the Ratification of this Act no person or persons whatsoever (whose Fees are ascertained by the Laws of this province) do presume to refuse his or their Fees or any of them in Current province Bills, without any advance thereon, under the penalty of fifty Pounds for each and every such Offence or Refusal,
Provided, that the Gov'r or Commander in Chief may hereafter be allowed to take twenty five Shillings in province Bills for each Marriage Licence and twenty five Shillings for each Register, in Lieu of the Ten shillings allowed by the List of Fees.
Whereas, by the Fundamental Constitutions of this Governm't it has always been the Custom, time out of Mind, for the Govern'r or Commander in Chief to appoint all Officers in this Governm't, by and with the Advice and Consent of the Major part of the Council; We therefore pray that it may be Enacted,
I. And be it Enacted by his Excellency the palatin and the rest of the true and absolute Lords prop'rs of Carolina, by and with the Advice and Consent of the rest of the Members of this present Gen'll Biennial Assembly, now mett at Edenton for the No. East part of the Said Province, That all Officers (military Officers only excepted) that shall hereafter be appointed in this Governm't shall not be appointed and nominated by the Govern'r or Commander in Chief for the time being by himself, but with the Advice and Consent of the Majority of the Council, and Minutes thereof made in the Council Book of Such Consent of the Council in Council, and not otherwise.
II. And be it further Enacted, That no person whatsoever coming into this Governm't hereafter shall hold any place of profit or Trust untill he or they have been a Resident in the province for the full Space of three Years, Such only excepted as bring Commissions from Great Britain; and any person or persons that shall presume to act in any Such place of profit or Trust untill he or they have been a Resident in the Governm't for the Space and term aforesaid, or that shall presume to act by Virtue of any Commission granted by the Governour or Commander in Chief within this Government without consent of the Council or the Major part of them, as aforesaid (military Officers excepted) shall forfeit and pay the Sum of five hundred pounds curr't Money, 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.
Whereas, by the Numerous Encrease of Squirrels much Damage and injury is Yearly done as well to the Corn as to the Mast in General in the Several precincts of Pequimins, Pasquotanck and Currituck within this province, and unless some speedy care be taken to prevent their further Encrease much greater Damage and Injury will yearly ensue; Wherefore, it is prayed that it may be enacted,
I. And it is hereby Enacted by his Excell'y the palatin and the rest of the true and absolute Lords prop's of Carolina, by and with the Advice and Consent of the rest of the Members of this present Gen'll Biennial Assembly, now mett at Edenton for the No. East part of the Province, That every person or persons who after the Ratification of this Act shall kill and. destroy any Squirrels shall, as Encouragem't therefore, have and receive for each Squirrel the Sum of three pence, to be paid to him or them or to his or their Order by the Vestry men of the parish where he or they are Inhabitants or Resident, in Such Manner and at such times and places as are herein after particularly Set forth; That is to Say, at the Vestry House or place of their Usual meeting, within one Month after Easter Monday now next ensuing, and afterwards within one Month after Easter Monday Yearly; Provided, a Vestry be called and held within that time otherwise at the next Vestry held, or at the time or times of Collecting and receiving the Levy or Tax for paying the Same, at their own Habitation or place of Residence, either by payment out of the Moneys received by him or them on that Levy (in Case his or their Demand Surmount his or their Levy), or by allowance out and from the levys each person shall then owe to the Said parish.
II. And be it further Enacted by the Authority aforesaid, That the Vestry men of each respective parish shall, on Every Easter Monday Yearly, take an Acc't of what Number of Squirrels each person hath killed and destroyed in the preceeding Time herein before limitted within their parish, who is hereby ordered then to bring in the Same or the scalps of the Same, with the Ears on, and tender or deliver them to Such person or persons who the Vestry shall appoint for receiving the Same, or otherwise to bring a Certificate or Certificates from any one of that Vestry, who is hereby impowered to give (if required) one or more of what Number of Squirrels he or they have killed or destroyed within his parish and within the time aforesaid, as that upon making up the whole Acc't and computing what it shall amount to, together with the Allowance of Collecting and receiving and other necessary and Contingent Charges, the said vestrymen are hereby authorized and impowered to lay a Levy or Tax equally on each Tythable in their Respective Parish to defray and discharge the aforesaid full amount, and no More, and thereupon Cause the Same forthwith to be collected and received by the Church Wardens or Church Warden or such other person or persons as he or they shall appoint for collecting and receiving the other parish Levys and at the Same time; And in Case of any Tythables refusing and denying to make immediate payment thereof upon Demand he or they so refusing or denying are hereby made lyable and Subect to the Like Fines, Forfeitures and penalties as he or they are for refusing and denying the paym't of their other parish Levys, and the. Same to be recovered in Manner as they are.
III. And it is hereby further Enacted, that the Vestry Men, or any one of them, upon any Suspition or at their own Discretion may and are hereby impowered to require and Demand an Oath from each person or persons at the time of his or their Tendering any Squirrels or Scalps, with the Ears on as aforesaid, whether he or they is or are Inhabitants and Resident in his or their parish, and whether those Squirrels were killed and destroyed within the Same, which Oath if he or they shall refuse to pay on request and demand as afores'd, then and in such Case he or they shall not have any Certificate from any Vestry man or be allowed any Reward for killing and destroying those Squirrels, anything herein before contained to the Contrary Notwithstanding.
IV. And lastly, it is hereby further Enacted, That the Vestry men of each respective parish may (when they See reason for it) abate or wholly cease the aforesaid Reward of three pence for Killing and destroying each Squirrel.
Whereas, by an Act intituled an Act for ascertaining the time and method for the Executing and (return?) of orriginal Writs and for the better regulating divers proceedings in the Court of pleas, amongst other things, it is herin and hereby Enacted, that upon Suspicion of any person's Intention to remove in order to conceal or withdraw himself out of the Country, any Justice of the peace, at the prayer of the party plaintiff may Grant an attachment against the Defendant's Estate for so much as shall appear to be due repleviable (?), upon Security given, And the Officer Executing the Same shall return it to the Court whereof the Justice is a Member, Provided the Justice take Security of the plaintiff to pay costs and damages awarded if Cast which proceedings have been grossly abused contrary to the true Intent and meaning of the aforesaid Clause and proviso, to the prejudice of divers person's Estates that have been attached upon the going into the neighbouring province about their Lawfull Occasions only.
I. Be it therefore Enacted by his Excellency the palatin and the rest of the true and absolute Lords prop's of Carolina, by and with the Advice and Consent of the rest of the Members of this present Gen'll Biennial Assembly, now mett at Edenton for the No. East part of the Said Province, and it is hereby Enacted by the Authority of the Same, That from and after the Ratification of this Act the party pl't Moving for such Attachm't shall make Oath (before the Justice granting) of Such his Suspition, and that he really believes the person removing from the place of his Residence is about to withdraw himself and his Effects from the Governm't, So that process cannot be Served on him, or that he hath already removed and withdrawn himself, and shall file his Bill or Acc't with the same Justice (who is hereby required to return the Same to the next Court whereof he is a member), and shall also file a declaration with the Clerk of the Said Court ten Days before the Sitting thereof, and shall deliver a Copy of it to the Officer that executes the Attachm't, which by him is to be left where he first levies the Said Attachm't on the Estate of the Defendant.
II. And be it further Enacted by the Autho'ty aforesaid, That when any such Attachm't is granted within the Days limitted for serving Writs or process to the next Court whereof the Justice granting the Same is a Member, then and in Such Case the Said Attachm't shall be made returnable to the Second Court after the Date thereof.
Provided always, and it is the true Intent and Meaning of this Act, that the proceedings of the Court on Action by Such Attachm'ts shall be the Same as tho' brought by Original Writt, any Law, Usage or Custom to the Contrary Notwistanding.
Whereas, by an Act intituled an Act for a Town at Roanoak Island and for Encouragem't of Trade, amongst other things, it is Enacted, that three hundred Acres of the Said Island be appraised by twelve Freeholders of this Governm't, to be nominated by the Govern'r and Council, who, being thereunto Sworn, the Said Land shall be invested in Cap't. Rich'd Saunderson, his Heirs and Assigns for ever in Fee Simple, he or they paying the Owner or Owners of the Said Land according to the Appraisment, and shall be confirmed to the Use of the Township as aforesaid, which Town having been hitherto Neglected for want of due Encouragem't, and the property of the Town being invested in Wm. Reed, Rich'd Sanderson, John Lovick, Esq'r, and to their Heirs for Ever; And, whereas, the Said Wm. Reed, Rich'd Sanderson and Jn'o. Lovick are desirous to go forward with the Said Town and to Settle the Said Island; Therefore, for the advantage of the said Island and Town and for encouraging Trade and Commerce and for making the Country more defensable ag't forreign Enemies, We pray that it may be Enacted,
I. And be it Enacted by his Excellency the Palatin and the rest of the true and absolute Lords prop'rs of Carolina, by and with the Advice and Consent of the rest of the Members of this present Gen'll Biennial Assembly, now mett at Edenton for the No. East part of the Said Province, and be it Enacted by the Authority of the Same, That three hundred Acres of Land lying on the No. E't Side of the Said Island, commonly called Roanoak old plantation, be, at the proper Cost and Charge of the Said Wm. Reed, Rich'd Sanderson and Jn'o. Lovick, or their Heirs, Surveyed and laid out for a Town-Ship, and that one hundred and twenty Acres thereof, fronting the Water, be allotted and laid out for a Town in Lots of half an Acre Each, with convenient Squares and places for a Church, Town House and Market Place, with Convenient Streets and passages, and the Remaining part of the three hundred Acres of Land to lye for a Common for the Use of the Said Town.
II. And be it further Enacted, That every person whatsoever that is willing or desirous to Settle and become Inhabitants of the Said Town shall have Liberty to take up any Lott or Lotts so laid out as aforesaid, and not before taken up, which Lott or Lotts the Said Wm. Reed, Rich'd Sanderson and Jn'o. Lovick are hereby required, directed and impowered to grant, convey and acknowledge to the persons so taking up the Same, and to his or their Heirs and Assigns for Ever in Fee Simple, upon the payment of forty shillings Consideration money for Each Lott, whereof thirty Shillings shall be paid to the Said Wm. Reed, Rich'd Sanderson and Jn'o. Lovick, Esq'rs (the Owners of the Said Land) or to their Heirs and Assigns, and the other ten Shillings shall be applyed toward the Errecting a Fortification in the Said Town, and shall be paid by the Owners to any person the Gov'r or Commander in Chief for the time being shall appoint to lay out and oversee the Said Work. Provided, that all and every person and persons whatsoever that by Virtue of this Act shall take up any Lots or Lott shall and is hereby obliged within twelve Months after the Date of his Conveyance for the Same to build on every Such Lott one habitable House of the Demensions of twenty Feet in length and fifteen Feet in Breadth at least, otherwise the Conveyance of the Same is hereby declared Null and void in Law, as if the
Provided always, that upon the Second or other Sale of the Said Lotts one half of the Money arising therefrom shall be and is hereby appropriated for the Building a Church at the Said Town.
And Provided also, that nothing in this Act shall be construed, deemed and held to take away or Alter the Right, Title or Interest of any person or persons lawfully claiming or which hereafter may lawfully claim the Said Island or any part thereof.
III. And be it further Enacted by the Authority aforesaid, That when the Said Town shall have encreased to Ten Families then it shall and may be lawfull for the Said Inhabitants or the Major part of them, and they are hereby impowered So to do, to choose any one of the Said Inhabitants who is an Owner of a Saved Lott to inspect the Said Town, who shall continue in that Office for one Year, and then they shall proceed to a new Choice or confirm the person before chosen for one Year longer, and So annually for Ever, who shall have full power and Authority to remove all Nuisances within the Limits of the Said Town, and to Suffer no person or persons to enclose their Lott or Lotts under a Common Stake Fence, but see that every Lott be either pailed in or done with posts and Rails. And if any person refuses upon Notice given by the Inspector to remove any Nuisances or to fence their Lotts otherwise than According to the Directions of this Act, that then it shall and may be lawfull for him to cause the Same to be done, at the Cost and Charge of the person or persons So offending. And the Inspector is hereby further authorized, having first duly taken the Oaths of a Justice of the peace and the Oaths by Law enjoyned for the Qualification of publick Officers, to hear and determin all Causes, Matters and Differences in the Said Town, to the Value of thirty shillings, in as full and ample Manner to all Intents and purposes as any other Magistrate in this Governm't can or may lawfully do for the Sum of twenty shillings. And that the said Town may be the Speedier settled,—
IV. Be it Enacted by the Authority aforesaid, that any person or persons who are willing and desirous to keep an House of Entertainment or Ordinary in the said Town such person or persons for the Space of tenn Years from the Ratification of this Act shall have Liberty to Sell any strong Liquors within the Said Town without the Charge of taking a Licence; Subject Nevertheless to the Same Orders, Rules, Restrictions and penalties as any other person Selling Strong Drink or keeping Ordinary with a Licence.
And for a further Encouragm't for Settling the S'd Island and Town,
V. Be it Enacted, that when it shall fully be made appear to the Govern'r and Council that there are Settled in the Said Island Sixty families, that then on the petition of the said Inhabitants the next Commission which shall be granted for the holding the Court for the precinct of Currituck shall authorize and impower the Justices of the Said precinct to hold their Court in the Said Town of Carteret, and no other place whatsoever.
VI. Be it further Enacted by the Authority aforesaid, that when it shall happen that the Said Island shall have a Sufficient Number of Inhabitants to have the precinct Court of Currituck held in the Said Town that at the next Biennial Election for Members of Assembly which shall happen after the said Island is once encreased to Sixty families as aforesaid, the Said Inhabitants shall have Liberty to Elect a Representative to Sit in the Gen'll
VII. And be it further Enacted by the Autho'ty afs'd, That when the Court shall be held at the Town now called Carteret the Clerk of the said Court shall always be resident and keep his Office in the Said Town, under the penalty of five pounds p'r Month; and all public Bussiness belonging to the Said Island shall be always transacted and done in the Said Town; and that all Manner of Encouragem't may be given for promoting the Trade and Commerce of the said Town.
VIII. Be it further Enacted by the Authority afs'd, That whenever the Hono'ble Commiss'r of the Customs or the Surveyor Gen'll for the District shall appoint a Searcher for the port of Roanoke, that then the S'd Officer shall dwell and keep his Said office in the Said Town, under the penalty of five pounds p'r Month, that he shall dwell or keep his Said Office in any other place.
IX. And be it further Enacted by the Authority aforesaid, that no person shall be allowed to take up more than two Front Lotts or keep more than two Cows in the Said Town, anything before in this Act to the Contrary Notwithstanding.
X. And be it further Enacted by the Authority aforesaid, that the Act intituled an Act for a Town on Roanoke Island be declared null and Void, and the Same is hereby repealed, and every Clause thereof, to all Intents and purposes.
Whereas, the Act for preventing Immorality and Prophaneness hath hitherto proved Ineffectual to restrain those Vices,
XI. Be it therefore Enacted and it is hereby Enacted, that if at any time after twenty Days from the Ratification of this Act any Tavern keeper Ordinary Keeper or other person or persons whatsoever Selling or disposing of Liquors or keeping publick
XII. And be it further Enacted by the Authority aforesaid, that no Tavern Keeper, Ordinary Keeper or other persons selling Liquors or keeping publick Houses in this Governm't shall recover any Debt due for Ordinary Expenses exceeding the Sum of twenty Shillings, unless he produce a Note under the person's own hand from whom the Same is due, or his Acc't, signed by the person, if he can write his Name, but if he cannot Write, then and in Such Case it shall be requisite that the person make his Mark, and that there be one Evidence at least thereunto to prove it, and that the person Signing was not drunk; and every Ordinary Keeper, Innholder and other persons selling Liquors or keeping publick Houses are hereby required to produce the person's Hand as aforesaid to every twenty shillings, which shall be due as Ordinary Expences and Sued for by the Ordinary Keepers, Innholders or any other p'rson or p'rsons Selling Liquors or Keeping publickHouses; otherwise to Lose Such Debt as is not acknowledged to be due in Manner aforesaid.
And, whereas, in the Several Acts relating to the Towns in this Governm't the purchasers of Lotts are enjoined to build upon each and Every respective Lott or else their Titles thereunto to be void, which proves prejudicial [top of page torn, several words missing] as have two lotts lying together and would rather build Houses of larger Demensions,
XIII. Be it therefore Enacted by the Author'ty aforesaid, that from and after the Ratification of this Act any person, Owner of two Lotts lying together, by building one Sufficient dwelling House, not of less Demensions than thirty feet long and twenty feet wide, on either of the Said two Lotts, without Sheds or Outsetts, shall be allowed to have Saved them both, any Law, Usage or Custom to the contrary Notwithstanding.
I. Whereas a certain Plot of Ground, being Part of a Tract of Land, lying in the Fork of Neuse River, late belonging to the Honourable Col. Thomas Pollock, deceased, but now the Property of Mr. Cullen Pollock, was formerly laid out in a Township, by the Name of New Bern, with proper allotments for a Church, Court-house, and Market-place; as by a Plot or Draught, upon Record in the Clerk's Office of Craven Precinct Court, will more plainly appear: Therefore, for the Advancement of the said Town;
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, for the North-east Part of the said Province, and it is hereby Enacted, by the Authority of the same, That the said Land, as it is already laid out by the said Draught, together with as much other Land lying contiguous and most convenient to the said Town, to compleat a Township, as shall make the Whole Two Hundred and Fifty Acres, reserving to the Owners thereof the Property of such Lots as are sold already by William Hancock, Attorney of the said Col. Thomas Pollock, is hereby and henceforward invested in Mr. Cullen Pollock, Mr. William Hancock, Jun. and Richard Graves, or any of them, for the Use aforesaid, Declared, Confirmed, and Incorporated into a Township, by the Name of New Bern; with all Privileges which ever have belonged to the said Town, or shall hereafter be expressed, for ever.
III. Pursuant to which, It is hereby Enacted, by the Authority aforesaid, That the Places already laid out for a Church, Court-house and Marketplace, be reserved for those Uses; and that the rest of the Land not already laid out; be forthwith laid out into Lots of Half an Acre each, with convenient streets and Passages, with Fronts belonging to the said Lots, by the Said Trustees, or any of them.
IV. And be it further Enacted, by the Authority aforesaid, That Mr. Cullen Pollock shall be, and he is hereby appointed the present Treasurer and Receiver of the Monies arising by the Sale of the said Lots; and on his Death or Departure out of the Government, the First in Commission shall succeed, and be Treasurer for the Time being, he giving security to the Justices of the said Precinct, that he will be accountable for the Money
V. And be it further Enacted, by the Authority aforesaid, That any person whatsoever who is willing or desirous to be an Inhabitant of the said Town, shall have Liberty to take up any Lot or Lots so laid out as aforesaid, and not before taken up; which Lot or Lots the Commissioners afore appointed, or any of them, are hereby directed, required and impowered, to grant, convey, and acknowledge, to the Person so taking up such Lots, and to his Heirs and Assigns, for ever in Fee-simple, upon the Payment of Twenty Shillings, Consideration Money, with a Pepper Corn Yearly, if demanded, as an acknowledgement to the said Cullen Pollock, his Heirs or Assigns, for ever, for each Lot: Which Twenty Shillings shall be paid to the said Cullen Pollock, the Owner of the said Land, and to his Heirs and Assigns.
VI. Provided always, That what Person soever shall take up, and have conveyed to him, any Lot or Lots as aforementioned, and shall not build, or cause to be built thereon, within Eighteen months after the date of the said Conveyance, a good and substantial habitable House, not of less Dimensions than Twenty Feet in Length, and Fifteen Feet wide, without Shed, every such Conveyance shall be, and it is hereby declared void and of none Effect, as if the same had never been made or done; and then the said Lot or Lots shall be free and clear for any other Person to take up and purchase the same, as if it had never been taken up: And the Money arising by such Sales shall be paid unto the said Cullen Pollock, his Heirs and Assigns, by the said Commissioners, as aforesaid.
VII. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall die possessed of any of the said Lot or Lots, without leaving Heirs, or without making of a will of the said Lot or Lots, that then, and in such Case, the absolute Fee shall come and revert unto the said Cullen Pollock, his Heirs and Assigns, for ever; notwithstanding any Thing contained in an Act, intituled, An Act, concerning Escheat Lands and Escheaters, or any other Law, Custom, or Usage to the contrary.
VIII. And be it further Enacted, by the Authority aforesaid, That the Commissioners or any Two of them, shall have full Power and Authority, and they are hereby impowered and required, to remove all nuisances within the Limits of the said Town; and that no Person, inhabiting in the said Town, holding Lots there, shall inclose the same, or keep the same inclosed in the said Town, under a common Stake-Fence: but every Lot or Lots in closed, shall be either paled in, or done with Posts and Rails set up.
IX. And for a further Encouragement to the settling of the said Town; Be it further Enacted, by the Authority aforesaid, That all Elections of Burgesses, or Other Public Business and Affairs of the Like Nature, properly belonging to the said Precinct of Craven, shall be taken up and done within the aforesaid Town of New Bern.
Whereas through the great Industry of divers of the Inhabitants of this Province the making of Hemp Rice and Turpentine are much Improved and would become valuable species in Trade in this Government if due Encouragement were given for making the same by rateing them at a Certain Price
I. Be it Enacted by his Excellency the Palatin and the rest of the true and absolute Lords Proprietors of Carolina by and with the Advice and Consent of the rest of the Members of this present General Biennial Assembly now mett at Edenton for the North East part of the said Province, And it is hereby Enacted that for the further Establishing the Trade of this Government and in payment of the Publick Levys and all debts due or which hereafter may become due on account of the Publick or to any Inhabitants or Foreigner Trading amongst us or in Our private dealing amongst our Selves or otherwise howsoever (the debt being Contracted or due in Money not Expressing Sterling) And that Encouragement be given for and Improving the above named commodities such Person or Persons to whom such money shall be due either on the Publick or private Accounts shall take and receive the same in any of those Species as well as those heretofore rated and as the Rates hereafter Appointed or in Publick Bills of Credit.
|Hemp, Waterrotted, Merchantable and fit for Export per lb||8|
|Rice, per Hundred Cleaned and fit for Exportation||1||5||8|
|Turpentine, Merchantable per Barrel full Guage 31 Gallons||1||5||8|
|Indian Corn, per Bushel||2||8|
|Wheat, per Bushel||4||8|
Provided the same be good of their kind and Merchantable and approved by two Substantial Freeholders indifferently chosen and Sworn before some Magistrate Justly Impartially to give their Opinions, and shall be delivered by the Persons paying the same at such Landings as is most commonly made use of by them in some convenient time after it is received And a Delivery thereof at the time appointed by the Persons so receiving the same and proof thereof made shall be a sufficient payment for any the Debts aforesaid.
Whereas, a certain Plot of Ground, being Part of a Tract of Land, in Core Sound, late belonging to Robert Turner, Esq. but now the property of Richard Rustel Esq. was formerly laid out into a Township, by the name of Beaufort Town, with proper Allotments for a Church, a Town-house, and a Market place, as by a Draught thereof, upon Record in the Secretary's Office, doth, and may, more fully and at large appear: And whereas the true and absolute Lords Proprietors of Carolina, upon the Petition of the Inhabitants of Core Sound, now called Carteret Precinct, have erected the same, into a Seaport, by the Name of Port-Beaufort, and have invested the same with all Privileges and Immunities belonging to a Seaport: Therefore, for the Encouragement of the said Town, and the due Encouragement of the Trade and Commerce thereof, and the Parts adjacent,
I. We pray that it may be Enacted, And 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 this present General Assembly, now met at Edenton, for the North-East Part of the said Province, and it is hereby Enacted, by the Authority of the same, That the said land, as it is already laid out, together
II. Pursuant to which, It is hereby Enacted, That the Places already laid out for a Church, a Town-house, and a Market Place, be reserved for those Uses; and that the rest of the land not already laid out, be forthwith laid out into Lots of Half an Acre each, with convenient Streets and Passages, by the said Trustees, or any two of them. Provided always, That the Principal Streets in the said Town shall be Sixty Six Feet wide, at least.
III. And be it further Enacted, by the Authority aforesaid, That the said Richard Rustel, Esq., shall be the present Treasurer and Receiver of the Monies arising by the Sale of the said Lots; and on his Death or Departure out of the Government, then the first Commissioner shall succeed, and be Treasurer for the Time being, he giving Security to the Justices of the Precinct Court, that he will be accountable for the Monies he shall receive, according to the Directions of this Act.
IV. 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 Lot or Lots so laid out as aforesaid, and not before taken up; which Lot or Lots the Commissioners aforesaid, or any two of them, are hereby directed, required, and impowered, to grant, convey, and acknowledge, to the Persons so taking up the same, and his Heirs and Assigns, for ever, in Fee-simple, upon Payment of Thirty Shillings Consideration Money, for each Lot, whereof Twenty Shillings shall be paid to Richard Rustel, Esq.; the Owner of the said Land, and to his Heirs and Assigns, and the other Ten Shillings shall be for the purchasing Great Guns, and for Fortifying the said Town; and shall be paid, by the Treasurer aforementioned, into such Hands as the Governor or Commander in Chief for the Time being shall appoint to oversee the said Work. Provided always, That what Person soever shall take up and have conveyed to him. any Lot or Lots as aforementioned, 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 Dimensions than Twenty Feet in Length, and Fiften Feet Wide, besides Sheds, or make preparation for so doing, as the Court of the Precinct, by View of any Two or more of them, shall judge reasonable to secure the same, every such Conveyance shall be, and it is hereby declared void and of none effect, as if the same had never been made; and then the said Lot or Lots shall be free and clear for any other Person to take up and Purchase. Provided also, That all Monies arising by the Second or other Sales of the said Lots, shall be, and is hereby appropriated to the Use of the Parish; first, for the building of a Church, and afterwards, to such other Uses as the Churchwardens and Vestry shall think fit.
V. And be it further Enacted, by the Authority aforesaid, That the Commissioners aforesaid, or any Two of them, shall have full Power and Authority, and they are hereby impowered, required, and commanded, to remove all Nusances within the Limits of the said Town: And That no Persons, Inhabitants of the said Town, or holding Lots there, shall enclose the same or keep the same enclosed in the said Town, under a common
VI. And be it further Enacted, by the Authority aforesaid, That the Church for the said Precinct of Carteret, hereafter declared to be the Parish of St. John, and the Court-house for the same, shall be built in the said Town: And the Justices of the said Precinct for the Time being, shall have full Power and Authority to levy, or cause to be levied, any Sum or Sums of Money, not exceeding One Hundred Pounds in the whole, upon the Inhabitants or Estates in the Precinct aforesaid, for and towards the erecting and building the Court-house aforementioned, as soon as the Circumstances of the Inhabitants will admit of raising the said Sum.
VII. And as a further Encouragement to the Settlement of the said Town; Be it further Enacted, by the Authority aforesaid, That all Musters for the Precinct of Carteret, Elections of Burgesses, and all Business and Affairs of the like Nature which properly belongs to the said Precinct, shall be taken, done, and transacted within the said Town of Beaufort, and in no other Place or Places whatsoever.
VIII. And be it further Enacted, by the Authority aforesaid, That all PerLiquors which are, bona fide, the Growth, Product, and Manufacture of the Precinct of Carteret, shall and may be retailed in the said Town, for the space of Ten Years next after the Ratification of this Act, by any Freeholder or Inhabitant of the said Town, without any License or other Permit for so doing; subject nevertheless to the several Penalties, Forfeitures, and Restrictions, as by the Law, intituled, Ordinary keepers how to sell, are made and provided.
IX. And be it further Enacted, by the Authority aforesaid, That all Persons Possessors or Owners of Lots in the said Town, shall, and they are hereby obliged, within Two Years after the Ratification of this Act, to clear all such Lots held and possessed by them, from all Manner of Wood, Underwood, Brush, or Grubs, that are or may be offensive to the said Inhabitants and shall 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 for every Month the said Lots shall lie uncleared after the Expiration of the Time aforesaid, To be recovered before One Justice of the Peace, and applied, One Half to the Informer, and the other Half to the Vestry, for the use of the Parish.
X. And be it further Enacted, by the Authority aforesaid, That in Case of the Death or Departure out of the Government of any of the Commissioners aforesaid, the remaining part of the Commissioners together with the Justices of the Court, are hereby fully Authorized and impowered to make choice of some other Person or Persons to succeed such Commissioner or Commissioners so, dying or departing as aforesaid; which Person or Persons so Elected and Chosen, shall be, and they are hereby invested with as full Power and Authority, to all Intents and Purposes whatsoever, as the present Commissioners now herein nominated and appointed, that so the full number of Commissioners may be always kept up and full.
XI. And whereas the said Town of Beaufort, and Parts adjacent is made a Precinct, divided from Craven, by the Name of Carteret Precinct; Be it therefore Enacted, by the Authority aforesaid, That the said Precinct be, and it is hereby erected into a Parish, by the name of St. John's Parish, and that the following persons be, and they are hereby appointed Vestrymen of the said Parish, viz.
Christopher Gale, Esq.; Joseph Bell, John Shaw, John Nelson, Richard Whithurst, Richard Williamson, Richard Rustell, John Shackleford, Thomas
XII. And be it further Enacted, by the Authority aforesaid, That whosoever shall be found guilty of quarreling or fighting in the said Town or Township, or in any other Town or Township which now is, or hereafter shall be laid out within this Government, in the View of any Justice, or shall be thereof convicted, by the Oath of One creditable Witness, shall forfeit and pay, for every such Offence, the Sum of Ten shillings, and for Want of such Payment, shall Suffer Twenty Four Hours Imprisonment in the common Gaol, or else be set in the Stocks, for the space of Two Hours, at the Discretion of the Justice, provided that the Information be made within Twenty four Hours after such Offence shall be committed: And in Case any Justice of the Peace shall neglect to do his duty herein either upon View, or information to him made, he shall forfeit and pay the Sum of Twenty Shillings, to the Uses last above mentioned.