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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1739
North Carolina. General Assembly
February 06, 1739 - March 06, 1739
Volume 25, Pages 229-230

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LAWS OF NORTH CAROLINA--1738.

CHAPTER XI.
An Act for appointing a town on the Plantation Where William Webster now Dwelleth in Hyde County, on the West side of Matchapungo river.

I. We pray that it may be enacted, and be it enacted, by his Excellency Gabriel Johnston, Esq. Governor, by and with the advice and consent of his Majesty's Council and General Assembly of this Province, and by the Authority of the same, that all the land from a creek near William Denmark's, running to another creek next to Richard Lerimonts, on a direct line on the river side, running from the high land on each creek, one hundred yards back on a direct line, is hereby declared to be a town by the name of Woodstock, with all privileges and immunities, hereafter mentioned and expressed, forever; and that the property of the said plantation or township be, and it is hereby henceforward invested in Samuel Sinclair, gentleman, Mr. William Harris, and Mr. John Smith, or any two of them, who are hereby empowered to lay out the said land into lots, of half an acre each, with convenient streets, not less than sixty feet wide.

II. And be it further enacted, that Mr. John Smith be, and is hereby appointed Treasurer and receiver of all such sum and sums of money, which shall arise from the sale of such lots, for the use hereafter mentioned; and on the death or departure out of the government, or refusal of the said treasurer to act, then the next succeeding commissioner or trustee shall officiate in his stead and place, and shall give security to the Justices of the Courts, that he will accountable for the money he shall receive by virtue of this Act.

III. And be it further enacted, that every person whatsoever, who is willing 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 said commissioners or an two of them, are hereby directed and impowered, to grant, convey and acknowledge, to the person or 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 current money; and the said consideration money shall be paid unto William Webster, the proprietor of the said land, his heirs and assigns.

IV. Provided always, that if any person whatsoever shall take up, and have conveyed to him, any lot or lots as aforesaid, and shall not build or cause to be built thereon within two years after the date of said conveyance, a good substantial habitable house, not of less dimensions than twenty feet in length, and fifteen feet wide, besides sheds and leantoes, or shall make preparation for so doing, as the court of the said county, by view of any two or more 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 lot or lots shall be free and clear for any other person to take up and purchase, on the conditions aforesaid.

V. Provided also, that all monies arising by the second or other sale of the said lots, shall be, and is hereby appropriated and applied, for the building of a church; and what shall be more than will build the said church;

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shall be applied to such other uses as the said commissioners or the major part of them, shall think fit, for the encouragement of the said town.

VI. And be it further enacted, by the authority aforesaid, that the commissioners or any two of them, shall have power and authority, and they are hereby required and impowered, to remove all nuisances within the limits of the said town; and that no person, inhabitant of the said town, or holding lots there, shall inclose the same, or keep the same inclosed, under a common stake fence, but every lot therein shall be paled in, or done with posts and rails set up.

VII. Obsolete and missing.

VIII. 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 next after the ratification of this act, to clear all such lots by them held and possessed, from all manner of wood, underwood, brush and grubs, that are or may be offensive to the said inhabitants, and shall so keep and maintain the same, from time to time, and at all times, hereafter, under the penalty of ten shillings per month; to be recovered by a warrant from one Justice of the Peace; one half to the informer and the other half to the commissioners, for the use of the said town.

IX. And be it further enacted, by the authority aforesaid, That in the case of the death, or departure out of the government, of any of the said commissioners, at any time hereafter, the remaining commissioners, together with the justices of the county court, are hereby authorized and impowered to make choice of some other person or persons, to succeed such commissioner or commissioners so dying and departing as aforesaid; which person or persons so elected and chosen, shall be, and they are hereby invested with as much power and authority, to all intents and purposes whatsoever, as the present commissioners herein appointed are invested with, by virtue of this act.

X. And be it further enacted, by the authority aforesaid, that the commissioners are hereby impowered to make choice of one acre of ground in the said town, wherever they shall think fit and most convenient, for a church and church yard.