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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1751
North Carolina. General Assembly
September 24, 1751 - October 12, 1751
Volume 25, Pages 243-247

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LAWS OF NORTH CAROLINA--1751.

CHAPTER XII.
An Act for building a church in Wilmington, in St. James Parish, in New Hanover county.

I. Whereas the church of St. James's Parish, in New Hanover county, is by law appointed to be built in the town of Wilmington; and whereas many well disposed persons have subscribed liberally thereto, and a further sum is yet necessary to carry on and compleat the same:

II. Wherefore we pray it may be Enacted, And be it Enacted by his Excelly Gabriel Johnston, Esqr., Governor by and with the advice and Consent of his Majesty's Council and the General Assembly of this Province, And by the Authority of the same, That a Tax of one shilling and four pence Proclamation Money be laid on all the Taxables of the said Parish of Saint James's for the space of three years from the ratification hereof to be collected yearly and every year as all other Taxes usually are by the Sheriff of New Hanover County and to be by him accounted for and paid yearly to the Commissrs in this Act hereafter appointed or the Majority of them.

III. And to encourage a further and larger subscription, for compleating the said church in a decent manner, be it enacted by the authority aforesaid, that every subscriber shall have a proper place in the said church, to build a seat or pew upon in proportion to his subscription, as the commissioners or the majority of them, may determine; which piece or parcel of ground so adjusted and set off, shall be an estate of inheritance to such person or persons his or their heirs or assigns, forever such person or persons building, or causing to be built, such seat or pew as the commissioners may judge proper and regular, so as the same be set up and finished within six months after compleating the said church.

IV. And be it enacted, by the authority aforesaid, that the commissioners hereafter mentioned or the majority of them, shall have it in their power to set off to such persons and their families, inhabitants of St. James's Parish, such places for erecting seats, and under such regulations, as they, or the majority of them, may judge most proper.

V. And that the said Church may be carried on and finished in the best and neatest manner, and with all proper economy, be it enacted, by the authority aforesaid, that all members of his Majesty's Council, Samuel Swann, Joseph Blake, William Faris, John Sampson, Lewis D'Rosset, and John Ashe, Esquires, be appointed commissioners; and they, or the majority of them, resident in the said Parish, shall have and maintain an action in any court of record in this province, against any subscriber neglecting and refusing, after demand made to pay the money by him or her subscribed to and for building the said Church: and the commissioners, or the majority of them, as aforesaid, are hereby impowered to fix upon a proper plan for the said Church; and to agree with artificers, to purchase and get the materials together convenient for the building, with all that may be necessary for compleating the same.

VI. And whereas a piece or parcel of land is already allotted, and made over by Michael Higgins, at that time one of the proprietors of the aforesaid town of Wilmington, for the building a church and church yard, the whole only containing half an acre, which being too small for answering both purposes: Be it enacted, by the authority aforesaid, that the said commissioners

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shall be at liberty, and they are hereby impowered to make use of theirty feet of market street for the front of the said church to be seated upon, if they judge necessary.

VII. And for enlarging the church yard be it enacted, by the authority aforesaid, that the commissioners before mentioned, shall be, and they are hereby impowered, to purchase such other parcels of ground, adjoining to the said half acre, as they may judge convenient, for the use of the church and church yard.

VIII. And be it further enacted by the authority aforesaid, That if any subscriber shall die possessed of a seat in the said church, and no heir or assign of such subscriber or subscribers, so dying possessed as aforesaid, shall claim the same within three years after the death of such subscriber, the churchwardens for the time being are hereby impowered to dispose of the same, for the benefit of the said parish; any thing in this act, to the contrary notwithstanding.

IX. And be it further enacted, by the authority aforesaid, that the commissioners shall yearly, on every Easter Monday, if required, produce a fair state of their accounts, with the vouchers, to the vestry and churchwardens of the said parish of St. James's for the time being.

X. And whereas the Commissioners of the Town of Wilmington, with several of the inhabitants, have fitted up a decent Place for Public Worship, in a convenient Part of the Court or Town-House, Be it Enacted by the Authority aforesaid, That the same shall be continued as a Place fitted for the Public Worship of Almighty God, without any Interruption, Lett, or Hindrance of the Sheriff or Commissioners of the said Town, or any other Person whatsoever, until such Time as the Church of the Parish is finished, so as there be sufficient Room remaining for the Courts of the Assize, the County and other Courts to be held therein.

XI. And that the said House may be kept in a cleanly and decent Manner, Be it Enacted, by the Authority aforesaid, That the Commissioners of the said town for the Time being, be and they are hereby impowered, to agree with, and pay a proper Person undertaking the same a Sum not exceeding Five Pounds, Proclamation Money, per Annum, for the keeping the said House swept and clean, opening and shutting the Doors and Windows, ringing of the Bell, and other necessary Attendance on all Public Occasions, to be defrayed out of the said Tax of the said Town.

XII. And be it Enacted, by the Authority aforesaid, That no Person or Persons shall be allowed to hold any Public Meeting for Diversions of any kind, in the said Court or Town-House, by Allowance of any Commissioner, Sheriff, or any other Officer whatsoever, until the said Church shall be finished; under the Penalty of Ten Pounds, Proclamation Money; one Half for the use of the Parish, the other Half to him or them that will sue for the same, in any Court of Record in this Province; wherein no Essoign, Protection, or Wager of Law shall be allowed or admitted of.

CHAPTER XIII.
An Act to appoint commissioners to receive, collect and apply, subscriptions towards building of a church in the town of Brunswick, in St. Philip's Parish, and for other uses therein mentioned.

I. Whereas several well disposed persons are inclined to subscribe and contribute several sums of money towards building a church in the town of

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Brunswick, in the parish of St. Philip, and county of New Hanover for the more effectual collecting and applying the said subscriptions.

II. We pray 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 the General Assembly of this Province, and it is hereby enacted by the authority of the same, that the honourable Matthew Rowan, and James Hasell, Esqrs. John Russel, and William Dry, Esqrs. Richard Quince and John Davis, gentlemen, be and are hereby appointed commissioners, with full power and authority, to collect and receive of and from all and every person and persons, contributing to the building of the said church, the several sum or sums of money, or other donations whatsoever, which shall at any time hereafter, be by such person or persons severally subscribed and contributed.

III. And be it further enacted, by the authority aforesaid, that in case any person or persons, subscribing or contributing as aforesaid, his or their heirs, executors, or administrators, shall neglect or refuse to pay to the said commissioners, or the majority of them, or their order, the sum or sums by them, their ancestors, testators, or intestates, respectively subscribed, given, bequeathed or contributed as aforesaid, it shall and may be lawful to and for the said commissioners, or the majority of them, for the time being, to maintain an action or actions in their own names, against such person or persons neglecting or refusing as aforesaid, in any court within this province, wherein the same is cognizable.

IX. And be it enacted, by the authority aforesaid, that in the case of death, departure out of the parish, or refusal to act, of any of the said commissioners, it shall be lawful for the remaining commissioners, together with the churchwardens and vestry of the said parish for the time being, to choose and appoint another commissioner, in the room of such commissioner dying, departing the parish, or refusing to act as aforesaid; and the commissioner so elected and appointed, shall be invested with all the powers and authorities of any other commissioner appointed by this act.

V. And be it further enacted by the authority aforesaid, that the several sums of money, or other donations whatsoever, which shall be collected or received, by virtue of this act, shall be applied by the said commissioners, or the majority of them, from time to time, for and towards building a church in the town of Brunswick aforesaid, and towards purchasing a glebe, and building a mansion house for the use of the said parish.

VI. And be it further enacted, that the commissioners appointed, or to be appointed by virtue of this act, shall account, upon oath, with the vestry of the said parish, on Easter Monday in every year, for all the monies or other donations which they or either of them shall receive, for the use and purposes herein before mentioned, under the penalty of ten pounds, proclamation money, for each commissioner refusing or neglecting to account as aforesaid; to be recovered by the churchwardens of the said parish for the time being, for the use of the said parish, in any court of record within this province, wherein the same is cognizable.

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CHAPTER XIV.
An act to appoint a convenient place to hold the county court of Duplin, and to impower the commissioners therein named to build a court-house, prisons and stocks, in the said county, and for enlarging the bounds thereof.

I. Whereas by an act, intituled, an act for erecting the upper part of New Hanover county into a county and parish, by the name or Duplin county, and St. Gabriel's parish, and for appointing a place for building a courthouse, prison, and stocks, in the said county, amongst other things it was enacted, that the Justices of the said Court, or the majority of them, at their first meeting, should nominate and appoint a convenient place within the said county, to build a court-house, prison, and stocks; which said Justices, being then unacquainted with the bounds of the said county, did by order of the said court appoint a place whereon to build a court-house, prison, and stocks; which said place, on examination, is found to be within ten miles of the eastern bounds of the said county, to the great incommodity and detriment of the inhabitants thereof attending the said court: Wherefore,

II. We pray 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 the General Assembly of the said Province, and by the authority of the same, that the court-house, prison and stocks, for the said county of Duplin, shall be fixed as near the centre of the said county as conveniently can be, and that Mr. Arthur Blackman, Mr. Anthony Williams, Mr. William M'Gee, Mr. John Brock, of Duplin county, and Mr. William Mills, of Onslow county, or the majority of them, are hereby appointed, upon their oaths to fix the most convenient and central place in the said county to build the said court-house, prison and stocks, on; and their proceedings thereon return to the next county court, after they or the majority of them, shall agree on the same.

III. And be it further enacted, by the authority aforesaid, that Mr. George Mears, Mr. William Houston, and Mr. Joseph Williams, be, and they are hereby appointed commissioners for erecting and building the said courthouse, prison and stocks; and also to contract and agree with workmen to build the same, of such dimension as shall be agreed on by the county court.

IV. And for defraying the expence thereof, be it enacted by the authority aforesaid, that so much of the tax laid upon the inhabitants of the said county and already collected, as well as what hereafter may be collected, for and towards building the court-house, prison, and stocks shall be by the sheriff of the said county, accounted for and paid unto the afore-mentioned commissioners, and be by them applied for and towards building the court-house, prison, and stocks, in this act mentioned to be built.

V. And be it enacted by the authority aforesaid, that the clause in the before recited act, so far as relates to the appointing a place for building a court-house, prison, and stocks, and building the same, be and is hereby repealed, and made void to all intents, purposes, and constructions, as if the same had never been made.

VI. And whereas the dividing line between New Hanover county and Duplin is circumscribed by Cohery, by which means a long narrow strip of land, between the said Cohery and Black River, still remains in New Hanover county, which renders it very inconvenient to the inhabitants dwelling thereon to attend the courts at Wilmington, by reason of its great distance therefrom: be it therefore enacted by the authority aforesaid, that the line

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between the said counties shall be continued from the place where Cohery and the six runs meet, by a west course, until the same strikes Black river, and from thence the county of Duplin shall be bounded by Black river, up to the mouth of Black Minge creek, thence up the said creek to the bounds of the said county; any in the act for erecting the upper part of New Hanover county into a county and parish, by the name of Duplin county, and St. Gabriel's parish, for the appointing place for building a court-house, prison, and stocks, in the said county, concerning the bounds of the said county, to the contrary, notwithstanding.