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Acts of the North Carolina General Assembly, 1754
North Carolina. General Assembly
February 19, 1754 - March 09, 1754
Volume 25, Pages 257-273

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LAWS OF NORTH CAROLINA--1754.

CHAPTER II.
An Act, for the further and better Regulation of the Town called Wilmington, and for repealing the several Acts therein mentioned.

I. Whereas the Acts for erecting the Town of Wilmington and for the further and better regulating thereof, have not answered the End intended, but have occasioned much confusion and Disturbance: For Remedy Whereof,

II. We pray that it may be Enacted, And be it Enacted, by the Honourable Matthew Rowan, Esq; President, and Commander in Chief, 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 the said Town called Wilmington, lying on the East side of the North East Branch of Cape Fear River, shall be bounded and circumscribed in Manner following; that is to say, To the North East, by the Lands of his late Excellency Gabriel Johnston, Esq; deceased, upwards; and below, by the Lands formerly belonging to Michael Dyer; to the Westward, by the North-East Branch of Cape-Fear River; and to the Eastward, by a Line drawn from the said Lands of his late Excellency Gabriel Johnston, Esq; and the Lands formerly belonging to Michael Dyer, One Hundred and Twenty Poles Distant from the River, as may more fully appear by a Plan of the said Town, annexed to an Act intituled, An Act, for the better regulating the Town of Wilmington, and for confirming and establishing the late Survey of the same, with the Plan annexed, passed at New Bern, the Twentieth Day of April, in the Year of our Lord One Thousand Seven Hundred and Forty-five, and now in the Secretary's Office; which Plan shall be for ever hereafter the true and exact Plan of the said Town, by a Reference to which, all Disputes in Regard to Streets, Squares, Lots, and their Boundaries, are to be determined for the future.

III. And be it further Enacted, by the Authority aforesaid, That the said Town of Wilmington shall have the Privilege of sending a Representative for the said Town, to sit and vote in General Assembly.

IV. And for the better ascertaining the Method of choosing such Representative, and the Qualification necessary for such a Representative, Be it Enacted, by the Authority aforesaid, That any Person who, on the Day of Election, and for three Months next before, was seized in Fee Simple, or for Term of Life, of a Brick, Stone, or framed House, with one or more Brick or Stone Chimneys, of the Dimensions of Twenty Feet long, and Sixteen Feet wide, within the Bounds of the said Town, shall have a Right to vote for such Representative, and be sufficiently qualified to be a Representative for the said Town.

V. And be it further Enacted, by the Authority aforesaid, That for ever after the passing of this Act, the Courts of the County of New Hanover, the Election of the Representatives to be sent to the General Assembly, the Election of Vestrymen of the Parish of St. James, and all other public Elections for the said County and Town, shall be made and held in the Town of Wilmington, and at no other Place; any Law, Usage, or Custom, to the contrary, notwithstanding.

VI. And be it further Enacted, by the Authority aforesaid, That the Sheriff of the County of New Hanover, the Clerk of the Court for the said

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County and the Register of Conveyances of the said County, for the Time being, shall for ever, hold and keep their respective Offices in the said Town of Wilmington, and that if any of the said Officers neglect or refuse so to do, each of them so neglecting or refusing, shall for every Week he shall be a Delinquent, forfeit and pay the Sum of Forty five Shillings, Proclamation Money, to be recovered by any person who shall sue for the same, in the County Court of New Hanover, by Action of Debt, Bill, Plaint, or Information, wherein no Essoign, Injunction, Protection, Privilege, or Wager of Law, shall be allowed or admitted of; one Half to such Informer, the other Half for the Commissioners of the said Town for the Time being, to be applied for the Use and Benefit of the said Town.

VII. And whereas by the Unskillfulness of former Surveyors, and neglect of the Proprietors, the Course of the Streets, and Bounds of the Squares and Lots were never properly ascertained, by which many Houses are misplaced, some encroaching upon the Streets, and others upon the Lots of their Neighbours: For Remedy whereof,

VIII. Be it Enacted, by the Authority aforesaid, That all such Houses as are now built either wholly or in Part upon the Streets, shall be allowed to remain so, until they are no longer tenantable, and then the Owner shall be obliged to pull such House or Houses down, and clear the Street or Streets of all the Rubbish, and when they build, to build within his, her or their Lot or Lots, under the Penalty of Fifty Pounds, Proclamation Money; to be recovered as herein after is directed: And where any Person or Persons has the whole, or any Part of his or their House or Houses, not having a Brick Chimney, or Brick or Stone Cellar, on another Persons Ground, then it shall and may be lawful for the Party injured, to give Notice in Writing to the Owner or Owners of such House or Houses, to remove what Part of the same may be on such Person or Persons Lot or Ground, in Six Months after the Date of such Notice, which he or they shall be obliged to do, under the Penalty of Fifty Pounds, Proclamation Money, to be recovered in the General Court of this Province, by any Party so injured, and to be applied to his proper Use, and to no other purpose whatsoever.

IX. Provided nevertheless, That in case such House or Houses has one or more Brick or Stone Chimney, or Brick or Stone Cellar, then the Owner or Proprietor of such House or Houses, shall not be obliged to move the same, but may be at Liberty, and is hereby allowed to pay a Ground Rent, for what Part he encroaches upon his Neighbour, where Notice or Warning was not, before the building such Chimney or Cellar, given of such Encroachment; which Rent and all Disputes arising about Encroachments and Damages upon Lots, shall be ascertained and determined by the Commissioners of the Town, or the Majority of them: And that the said Commissioners may be better enabled to discharge their Trust, they are hereby required, at the Expence of the Town, to get a Copy of the Plan of the said Town, from the original Survey made by Mr. Jeremiah Vail, and lodged in the Secretary's Office; and in Case any Disputes should hereafter arise, to lay out the Streets or Lots according thereto, beginning at the South-East Corner of Capt. John Du Bois's House, on Market street, near the Court-house; from which Corner all future Surveys of the said Town shall be commenced.

X. And be it further Enacted, by the Authority aforesaid, That the said Commissioners or the Majority of them, shall determine all Complaints of Nuisances, by Lumber or Rubbish lying upon the Streets or Wharfs, Dangers of Fire arising from Wooden Chimneys, or any such hazardous Buildings, and

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pass such orders as they shall think necessary for the Removal of the same.

XI. And whereas, the Inhabitants have been at a great Expence in Building a Public Wharf, where Boats may come to, and discharge; Be it further Enacted, by the Authority aforesaid, That no Vessel or Vessels, shall lie at the said Wharf, or at any other Public Wharf to be built in the future, without License first obtained from the Commissioners; and if any Person or Persons shall incumber any of the said Wharfs with Naval Stores, Lumber, or any other thing whatsoever, such Person or Persons shall be obliged to remove such Incumbrances within Twenty four Hours after Notice thereof given by the Commissioners, or the Majority of them, under the Penalty of Forty Shillings, Proclamation Money; to be recovered by a Warrant from the Commissioners of the said Town.

XII. And That the said Town of Wilmington may be under better Regulation, Be it Enacted, by the Authority aforesaid, That Wednesdays and Saturdays in every Week, are hereby appointed Market-Days, for all Kinds of Provisions and Goods whatsoever; and the Commissioners of the said Town, for the Time being, or the Majority of them, are hereby impowered to pass such Orders, as they may judge proper, for the better regulating the said Market, for preventing tainted or unwholesome Provisions being sold; for regulating the Price of Bread, baked in the said Town, in Proportion to the Price Flour may, from Time to Time, be sold at, for the better bringing to Justice, or prosecuting according to Law, all Fore-Stallers of Markets, private marketting, buying or dealing with Negroes, bringing Provisions, or other Goods, without proper Tickets from their Masters, Mistresses, or Overseers, for preventing all irregular Mobbs or Cabals of Negroes, or others; for the more effectually bringing to Justice all Criminals and Offenders against the Laws of this Province; and also, for preserving the Peace and Safety of the said Town, to appoint proper Guards or Watches in the said Town, as often as occasion may require, to be ready on all occasions of Riot and Disturbances, or to prevent Malefactors breaking the Prison or Gaol: Provided, that one of the Commissioners be of the Number of the said Watch to give necessary Orders.

XIII. And whereas, it is found to be a great Nuisance to the Inhabitants, the allowing of Hogs to run at large in the said Town; Be it Enacted, by the Authority aforesaid, That none of the Inhabitants of the said Town shall, on any Pretence whatsoever, suffer any Hog or Hogs to run at large within the Bounds of the said Town; and Such Hog or Hogs so running at large, shall be forfeited to any Person who shall seize or kill the same.

XIV. And be it further Enacted, by the Authority aforesaid, That the Commissioners, or the Majority of them, are hereby directed to issue their Warrants, at least Twice Year, to the Constables of the said Town, to warn all the Male Taxables, to clear, repair, and pave the Streets, Lanes, or Alleys, make or mend the public Wharfs, Docks, or Slips, make Water-Courses within the Streets, that there may remain no standing Water; and also to appoint Overseers, and any Person refusing or neglecting to work as directed in the Warrant, or to furnish a good and sufficient Hand in his or their Place, with proper Tools, shall forfeit and pay Two Shillings and Eight Pence, Proclamation Money, per Day, for every such Refusal or Neglect; and if any Person so appointed Overseer, shall refuse or neglect to serve as such, he or they shall forfeit and pay Twenty Shillings, Proclamation Money, per Day, for every Day he shall so refuse or neglect, to be recovered in the same Manner as the fines and Forfeitures are to be recovered by the Commissioners of the Roads; and the Money to be recovered, shall be applied

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towards hiring Labourers in their Stead and Place to clear, repair, and pave the Streets in the said Town, and to no other Purpose whatsoever.

XV. Provided always, That no Person exempted by Law from working on Public Roads, shall be themselves compelled to work on the said Streets, Lanes, Alleys, Wharfs, Docks, or Slips, upon any Pretence whatsoever: nor shall any Person be compelled to work above Twelve Days in the Year.

XVI. And be it further Enacted, by the Authority aforesaid, That the Inhabitants of the said Town shall be, and they are hereby exempt, and forever hereafter excused from working on the Country Public Roads, during such Time as they live in the said Town, and no longer.

XVII. And as there are many Lots in the said Town not yet cleared, nor proper Drains nor Runs made through them, to let the Waters have a free Course, to the manifest Injury and Unhealthiness of the Inhabitants of the said Town, Be it further Enacted, by the Authority aforesaid, That the Commissioners for the Time being, or the Majority of them, shall and they are hereby directed to order the Proprietor or Proprietors of the Lot or Lots, to clear all, or any Part of them, and to make proper Drains or Water-Courses through them, within Six Months from the Time of the Date of Such Order, in writing, signed by the Commissioners of the said Town, for the Time being, or the Majority of them; and any persons refusing or neglecting, shall forfeit and pay the sum of Twenty Shillings, Proclamation Money, for every Month they shall refuse or neglect to obey such Order.

XVIII. And whereas the Damages that may arise from Fire in the said Town will be very great, and a Necessity appears for providing one or more Water Engines, Be it Enacted, by the Authority aforesaid, That the Commissioners, or the Majority of them, shall, within Twelve Months after the passing of this Act, value every House within the Bounds of the said Town, and lay a Tax not exceeding Two per Cent of such Value, upon every Owner or Owners of such House or Houses; which Monies so laid, shall by Order of the said Commissioners, or the Majority of them, be collected and applied towards purchasing Water-Engines, Buckets, Ladders, and other Instruments for the extinguishing of Fire; and if any Person shall neglect or refuse to pay such Tax, the same shall be levied, by a Warrant under the Hands of the Commissioners, on the Effects of such Delinquent or Delinquents.

XIX. And be it further Enacted, by the Authority aforesaid, That the Commissioners for the Time being, or the Majority of them, shall, and are hereby impowered to pass any Orders they may judge proper for preventing the building of Necessary Houses on any Stream of Water running through the Town, or having Drains from such Houses into any of the said Streams, to remove such Houses already built; for preventing of Cattle being Kept up in a Pen above Three Days, without being sufficiently fed and watered; for preventing Mortar, Clay or Wooden Chimneys being built, and for pulling down such as are already built; for making people keep their Chimneys clean, and raising them to a proper Height, not under Four Feet above the Ridge of the Roof; for preventing the Keeping of Naval Stores or Lumber in any Houses, whereby Damages may arise to Neighbours; for obliging all Persons to clear the Streets before their Doors, and for all other Things for the Good and Safety of the said Town, and the proper Government of it; consistent with the Laws of this Province; and to inforce such Orders by laying a Fine not exceeding Two Pounds, Proclamation Money, on all Persons neglecting or refusing to comply therewith.

XX. And be it further Enacted, by the Authority aforesaid, That the Commissioners for the Time being, shall hire a Town-Clerk, and shall keep a Town-Book, in which shall be entered all the Orders they may make, the

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Defaulters on the Streets, and the Accounts of the Monies they may have received, the Manner they have applied such Monies, and what Sums may remain in their Hands, under a Penalty of Fifty Pounds, Proclamation Money; to be recovered by any Person who shall or may sue for the same, in the General Court of this Province, wherein no Essoign, Injunction, Protection, cr Wager of Law, shall be allowed or admitted of.

XXI. And be it further Enacted, by the Authority aforesaid, That the Commissioners, on going out of Office, shall pay into the Hands of their Successors, Sum or Sums of Money as they have in their Hands; and in Case they should neglect or refuse so to do they shall forfeit and pay Fifty Pounds, Proclamation Money, to be recovered by such succeeding Commissioners, by Action of Debt, in the General Court of this Province, wherein no Essoign, Protection, Injunction, or Wager of Law, shall be allowed or admitted of.

XXII. And whereas oftentimes during Divine Service, there are great Disturbances by People walking and talking near the Place where the same is performed; Be it Enacted, by the Authority aforesaid, That the Constables of the Town, each in their Turn, shall be obliged to walk the Streets during the Time of Divine Service, to prevent all such Disturbances, and to apprehend all Delinquents, who shall be punished as Breakers of the Sabbath.

XXIII. And whereas it may be necessary to lay a Tax on all the Male Taxables in the said Town, Yearly, towards defraying the necessary Charges that may accrue; Be it Enacted by the Authority aforesaid, That the Commissioners, or the Majority of them, for the Time being, are hereby impowered, within Twenty Days after their being chosen, to call the Freeholders of the said Town together, at the Court House, by ringing of the Bell, and there, with the Consent of the Majority then present, lay such Tax as may be agreed on, provided the same does not exceed Two Shillings, Proclamation Money, per Head; such Tax to be collected by Warrant under the Hands and Seals of the Commissioners, or the Majority of them, directed to the Constables of the Town, or either of them, returnable in such Time as therein mentioned.

XXIV. And whereas little Regard has been had to such Orders as the Commissioners of the Town, or the Majority of them, have heretofore made; Be it Enacted, by the Authority aforesaid, That the said Commissioners, or the Majority of them, shall lay such Fines on all who refuse or neglect to obey any of their lawful Orders, after being made public, as they may judge necessary, not exceeding Two Pounds, Proclamation Money, for each Default; to be levied by Warrant under the Hands and Seals of the said Commissioners, or the Majority of them, directed to either of the Constables of the said Town, who are hereby obliged to execute the same; which Fines recovered as aforesaid, shall be applied to the punblic Fund or Stock of the said Town.

XXV. Provided always, That it shall and may be lawful for any Person or Persons, who shall think himself or themselves injured by such Fine, to appeal to the Justices of the County Court, who are hereby impowered to determine the same in a summary way.

XXVI. And be it Enacted, further, by the Authority aforesaid, That all Fines or Forfeitures not before applied or directed, shall, if above Two Pounds, Proclamation Money, be recovered in any Court of Record within this Province, Respect being had to their Jurisdiction, by the Commissioners for the Time being, or the Majority of them, by Action od Debt, Bill, Plaint, or information wherein no Essoign, Injunction, or Wager of Law, shall be allowed or admitted of: And all Fines and Forfeitures mentioned in this Act, not exceeding Two Pounds, Proclamation Money, shall be recovered

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by a Warrant under the Hands and Seals of the Commissioners, or the Majority of them, directed to the Constable or Constables of the Town, or either of them, against Body or Goods, as in Actions of Debt, and in all Things subject to the same Rule: All which Fines or Forfeitures recovered in any of the before mentioned Ways shall be applied and paid into the Stock of the said Town.

XXVII. And be it further Enacted, by the Authority aforesaid, That the Commissioners and the Inhabitants shall have free Liberty to hold all their public Meetings, on all Occasions, in the Court-house, and have the Liberty of a Key to the same.

XXVIII. And that Commissioners be regularly chosen, Be it Enacted by the Authority aforesaid, That the Election of Commissioners shall be Yearly and every Year, by the Freeholders of the said Town, qualified to vote for a Representative, by Ballot; and that the Number of Five such as are qualified to be a Representative for the said Town, shall annually, on the First Tuesday in January, be chosen Commissioners, and Two Persons, to be chosen by the Majority of the aforesaid Freeholders, as Inspectors of the Ballot, shall attend and declare who are duly elected Commissioners, in the same Manner as in the Law for regulating Elections of the Members of the General Assembly; and upon the said Five Commissioners being chosen, and their Names properly entered in the Town Book, they shall, before they enter upon their Office, take the following Oath, viz.

I, A. B. do swear, that I will execute the Office of a Commissioner for the Town of Wilmington, faithfully and truly, without Favour or Prejudice, and in all Things act for the Good of the said Town, and the well governing thereof, to the best of my Skill and Judgment, according to Law. So help me God.

XXIX. And be it further Enacted, by the Authority aforesaid, That in Case of Refusal, Removal, or Death of any of the Commissioners, either before or after their being qualified as aforesaid, the other Commissioners, or the Majority of them, shall chuse another in the Room of him or them so dying, refusing or removing as aforesaid, who shall be qualified in Manner as before directed.

XXX. And be it further Enacted, by the Authority aforesaid, That the Commissioners chosen on the First Day of January last, by Virtue of an Act, intituled, An Act, for the better regulating the Town of Wilmington, and for confirming and establishing the late Survey of the same, with the Plan thereof annexed, shall be and continue in Office, until the first Tuesday of January next, and shall have the same Power and Authority as the Commissioners to be chosen by this Act shall or may have, and be subject to the same Penalties.

XXXI. And be it further Enacted, by the Authority aforesaid, That if at any Time any Tavern Keeper, Retailer of Liquors, or Keeper of Public-Houses, in the said Town, shall suffer any Persons or Persons whatsoever, to sit tipling or drinking in his House, in Time of Divine Service on the Sabbath Day, or shall suffer any Person or Persons to get drunk in his House on the Sabbath Day, such Person or Persons so offending, shall forfeit and pay Twenty Shillings, Proclamation Money, for every such Offence; to be recovered by Warrant under the Hand of any Justice of the Peace for the County of New Hanover, and be paid into the public Stock of the said Town.

XXXII. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons whatsoever in the said Town, shall, on any Pretence

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whatever, give any Credit, Loan, or Trust, to any Mariner or Seaman belonging to, or under the Command of any Master of a Vessel, that now is, or shall at any time hereafter be lying in the River of Cape Fear, exceeding the Sum of Two Shillings and Eight Pence, Proclamation Money, except by the Leave or License of the Master or Commander of the Vessel he belongs to, or where such Sailor or Mariner shall have left the Vessol to apply to either of the Courts of Justice, in any Disputes or Controversies with the Captain or Commander of such Vessel, that then, and in such case, he, she, or they, shall for every such Default, lose all the Monies or Goods so trusted or credited.

XXXIII. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons whatsoever in the said Town, shall willingly or wilfully entertain, harbour, or keep, or suffer to be entertained, harboured, or kept, directly or indirectly, any Seaman belonging to any Vessel as aforesaid in his, her, or their, House or Houses, exceeding the Space of Six Hours, without the Privity or Consent of his Commander, (except in the case before excepted;) he, she, or they so offending, shall forfeit the Sum of Forty Shillings, Proclamation Money, for every such Offence; to be recovered by Warrant under the Hands of any Two Justices of the Peace, for the County of New Hanover, and paid into the public Stock or Fund of the said Town.

XXXIV. And be it further Enacted, by the Authority aforesaid, That an Act, intituled, An Act, for erecting the Village called Newton, in New Hanover County, into a Town and Township, by the Name of Wilmington, and regulating and ascertaining the Bounds thereof, passed at New Bern, the Twenty-Fifth Day of February, in the Year of our Lord One Thousand Seven Hundred and Thirty Nine; another Act, intituled, An Act, for the further and better regulating of the Town called Wilmington, in New Hanover County, and to establish the Church of the Parish of St. James, to be built in the said Town, passed at Edenton, the Twenty-first Day of August, in the Year of our Lord One Thousand Seven Hundred and Forty, and another Act, intituled, An Act, for the better regulating the Town of Wilmington, and for confirming and establishing the late Survey of the same, with the Plan annexed, passed at New Bern, the Twentieth Day of April, in the Year of Our Lord One Thousand Seven Hundred and Forty-five; and every Clause and Clauses Article and Articles of them, shall be, and are hereby severally from henceforth, repealed.

CHAPTER III.
An Act, for appointing Commissioners of the Roads for the South-West District of New-Hanover County.

I. Whereas several of the Commissioners appointed for the said District by an Act, intituled, An Act, for impwering the several commissioners herein after named, to make, mend, and repair, all Roads, Bridges, Cuts, and Water-Courses already laid out, or hereafter to be laid out in the several Counties and Districts herein appointed, in such manner as they judge most useful to the Public, are since dead or removed out of the District, and great Disputes have arisen in the appointing others to act in the Stead of those deceased or removed, so that at present the Roads and Bridges are greatly out of repair, whereby Travellers meet with many Delays and Obstructions: For Remedy whereof,

II. We pray that it may be Enacted, And be it Enacted, by the Honourable Matthew Rowan, Esq; President, and Commander in Chief, by and with the Advice and Consent of his Majesty's Council, and the General Assembly

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of this Province, and by the Authority of the same, That John Davis, Sen. George Moore, William Dry, William Moore, Richard Eagles, James Hasell, Jun. and Schenckingh Moorefi Esqrs. be Commissioners of the said South-West District of New-Hanover County; which said Commissioners shall be invested with the same Powers and Authority, and shall enjoy all Rights and Privileges, and be subject to the same Rules and Penalties, as any Commissioners may or ought to be by Virtue of the before recited Act.

CHAPTER IV.
An Additional Act to an Act, intituled, An Act, for impowering the several Commissioners herein after named, to make, mend and repair, all Roads, Bridges, Cuts, and Water-Courses, already laid out, or hereafter to be laid out, in the several Counties and Districts herein after appointed, in such Manner as they judge most useful to the Public.

I. Whereas in and by the said Act, it is, among other Things, Enacted, That Mr. Edward Hyrne, Mr. John Swann, Mr. Jeremiah Vail, Mr. John Ashe, and Mr. James Porteveint, be Commissioners of the Roads for the North-East Branch of Cape-Fear River, as far up as Burgaw Creek, and so over to Black River, and the North-West River, including the Whole Neck between the said Rivers: And whereas the Extent of the said District, as laid out by the said Act, renders it very inconvenient for many of the said Commissioners to act therein:

II. Be it therefore Enacted, by the Honourable Matthew Rowan, Esq; President, and Commander in Chief, 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 the said District be divided as follows; Beginning at the Widdow Moore's Creek, where it empties itself into Black River, and so following the Main Waters of the said Creek to the Head thereof; and from thence to the Line of Duplin County; and thence along to the Bounds of Bladen County; and thence down to the first Station; which said District, as hereby laid off and divided, shall be a separate District; and Samuel Lewis, John Squires, Hezekiah Done, Allen Sloan, and David Henesy, be, and are hereby appointed Commissioners of the said District; and shall be, and they are hereby invested with the same Power and authority, and under the like Penalties and Regulations, as the said other Commissioners, in the said recited Act, in as full and ample Manner, to all Intents and Purposes, as if the Division and Appointment hereby made had been actually inserted in the said recited Act, at the Time of making thereof.

III. And be it further Enacted, by the Authority aforesaid, That the Commissioners in the said recited Act named, and every of them, are hereby discharged from any Duty or Charge arising, or to arise, on any part of the said District hereby laid off.

CHAPTER V.
An Act, for granting unto the Town of Brunswick, the Privilege of chusing and sending a Representative to the General Assembly.

I. Whereas the Town of Brunswick being a Sea-Port Town, where the King's Ships be, and many large Merchant Ships, and is as well inhabited as some other Towns in this Province, and yet doth not enjoy the privilege

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of sending a Representative to the General Assembly, as other Towns which have fewer Inhabitants: For Remedy whereof,

II. We pray that it may be Enacted, And be it Enacted, by the Honourable Matthew Rowan, Esq., President, and Commander in Chief, 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 Inhabitants of the said Town of Brunswick shall, for ever, after the passing of this Act, have the privilege of chusing one Representative for the said Town, to sit and vote in General Assembly.

III. And for ascertaining the Method of chusing the said Representative, Be it further Enacted, by the Authority aforesaid, That every Tenant of any Brick, Stone, or Framed habitable House, of the Length of Twenty Feet, and Sixteen Feet wide, within the Bounds of the said Town, who at the Day of Election, and for three Months next before, inhabited such House, shall be entitled to vote in the Election for the Representative of the said Town, to be sent to the General Assembly; and in case there shall be no Tenant of such House in the said Town on the Day of Election, qualified to vote as aforesaid, that then, and in such case, the Person seized of such House, either in Fee Simple, Fee Tail, or for Term of Life, shall be entitled to vote for the Representative aforesaid.

IV. And be it further Enacted, by the Authority aforesaid, That no Person shall be qualified to be a Representative for the said Town, to sit in the General Assembly, unless, on the Day of Election, he be, and for three Months next before, was seized, in Fee Simple, of a Brick, Stone, or Framed House, of the Dimensions aforesaid, with one or more Brick Chimney or Chimneys.

CHAPTER VI.
An Act to impower the Justices of Craven County, to sell the Lot of Land in New Bern, whereon the Court-house, Prison, and Stocks now are.

I. Whereas the Court-house of Craven County is fallen greatly to Decay, and it being highly necessary that the same be rebuilt, and the Court of the said County having passed an Order, and appointed Commissioners for that Purpose; And whereas, by the said Order, the said Court-house is to be erected on Pillars, for the Conveniency of a Market-house; and the intersection of two Streets being allotted by the commissioners of the said Town, as a convenient Place for building the same, the Lot whereon the present Court-house, Prison and Stocks now stand, will be of no Service to the said County, unless the same be sold:

II. Be it therefore Enacted, by the Honourable Matthew Rowan, Esq; President, and Commander in Chief, by and with the Advice and Consent of his Majesty's Council, and the Grand Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That the County Court of Craven, be, and is hereby impowered and required to sell, at public Vendue, first giving ten Days Notice of such Sale, the Lot of Ground in New Bern, whereon the present Court-house, Prison, and Stocks, now stand, together with the said Court-house, Prison, and Stocks; and that the Money arising by such Sale, be immediately paid into the Hands of the Commissioners appointed for building the said Court-house, to be by them appropriated towards building and finishing the same.

III. And whereas by the sale of the said Lot, a Place will be wanting whereon to build the Prison of the said County, pursuant to an Order of

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the said County Court of Craven, and there being sufficient Room on the back Part of the Lots appropriated and set apart for erecting the Public Buildings in the said Town of New Bern; Be it therefore Enacted, by the Authority aforesaid, That it shall and may be lawful for the Justices of the said County Court of Craven, to erect and build a Prison for the said County on the back part of the said Lots.

IV. Provided nevertheless, That the present Court-house, Prison and Stocks be and remain for the Use of the said County, until a new Prison and Court-house shall be built by the Commissioners appointed by the said Court of Craven County.

CHAPTER VII.
An Act, to continue an Act, intituled, An Act, to appoint an Agent to Solicit the Affairs of this Province, at the several Boards in England, also an Act, intituled, An Act, to encourage James Davis to set up, and carry on his business of a Printer in this Province, and for other Purposes therein mentioned; Also an Act, intituled, An Act, to appoint Inspectors in New Hanover County, and for regulating the Exports at Cape Fear; and also one other Act, intituled, An Act for the better regulating the Militia of this Province.

I. Whereas, the Laws herein mentioned have, by Experience, been found useful and beneficial, and are near expiring:

II. We pray that it may be Enacted, And be it Enacted, by the Honourable Matthew Rowan, Esq; President, and Commander in Chief, 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 an Act made the Fifteenth Day of October, in the Year of our Lord One Thousand Seven Hundred and Forty Enght, intituled, An Act to appoint an Agent to sollicit Affairs of this Province, at the several Boards in England; which was to continue and be in force, for and during the Space of Two Years, next after the Twenty fifth Day of March, One Thousand Seven Hundred and Forty nine, and no longer, and which, by an

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Act made the Fifth Day of July, One Thousand Seven Hundred and Fifty-one, was revived and made in Force, during the Term of Three Years, to commence from the Twenty-fifth Day of March then past, and no longer; shall be, and is hereby further continued, from the Expiration thereof, the Term and Space of Three Years, and from thence to the End of the next Session of the General Assembly, and no longer.

III. And be it further Enacted, by the Authority aforesaid, That an Act made the Fourteenth Day of April, One Thousand Seven Hundred and Forty-nine, intituled, An Act, for the Encouragement of James Davis, to set up and carry on his business of a Printer in this Province, and for other Purposes therein mentioned, which was to continue and be in Force for the Space of Five Years, shall be, and is hereby continued from the Expiration thereof for the Term of Three Years, and from thence to the End of the next Session of the General Assembly, and no longer.

IV. And be it further Enacted, by the Authority aforesaid, That an Act made in the Year One Thousand Seven Hundred and Fifty-one, intituled, An Act, to appoint Inspectors in New-Hanover County, and for regulating the Exports at Cape-Fear, which was to continue and be in Force for the Term of Three Years from the Ratification thereof, and from thence to the End of the next Session of Assembly, and no longer; and which, by an Act made the Thirty-first Day of March, One Thousand Seven Hundred and Fifty-two, was amended and extended, shall be, and is hereby continued, from the Expiration thereof, for, and during the Term of Three Years, and from thence to the End of the next Session of Assembly, and no longer.

V. And be it further Enacted, by the Authority aforesaid, That an Act made the Twenty-eighth Day of June, One Thousand Seven Hundred and Forty-six, intituled, An Act, for the better regulating the Militia in this Government, which was to continue for Three Years, and from thence to the End of the next session of Assembly, which, by an Act made the Sixteenth Day of October, One Thousand Seven Hundred and Firty-nine, was altered, explained, and continued for the Term of Five Years, and from thence to the End of the next Session of Assembly, and no longer; shall be, and is hereby continued from the Expiration thereof, the Term of Three Years, and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER VIII.
An Act, for erecting the upper Part of Bladen County into a County and Parish, by the Name of Cumberland County, and St. David's Parish.

I. Whereas the Inhabitants of that Part of Bladen County, within the Lines herein after mentioned, live at such a Distance from the Court-house, that it is very inconvenient for them to attend the ordinary Business of the County there; and there being a sufficient Number of Freeholders and others, within the said Lines to support the Charges of a County among themselves: Therefore for the Ease of the said Inhabitants,

II. We pray that it may be Enacted, And be it Enacted, by the Honourable Matthew Rowan, Esq; President, and Commander in Chief, 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 the upper part of the said County of Bladen, beginning at the Mouth of Cross Creek, running a South-West Line to the Bounds of Bladen County, and North-East to the Line of Duplin County, thence along the dividing Lines of Duplin, Johnston, Orange and Anson Counties; so that all the Inhabitants in Bladen County to the Northward of the Mouth of Cross Creek aforesaid, shall belong to Cumberland County, and the same shall, and is hereby declared and enacted to be a County and Parish, by the Name of Cumberland County and St. David's Parish, with all and every the Rights, Privileges, Benefits, and Advantages whatever; which any other County or Parish in this Province can or may lawfully hold, use, or enjoy.

III. And be it further Enacted, by the Authority aforesaid, That Hector Mac Neil, Esq; be, and is hereby appointed Sheriff of the said County of Cumberland, until the Time prescribed by Law for appointing Sheriffs of this Province; and that Hector Mac Neil; Esq; shall be and is hereby invested with the same Power and Authority as any other Sheriff of any other County in this Province.

IV. And be it further Enacted, by the Authority aforesaid, That John Brooks, William Roberts, Jonathan Evans, Thomas Armstrong, Thomas Jones, Matthew Rayford, William Dawson Thomas Matthews, John Brown, Archibald McNeal, Gilbert Clark, and William Russell, be and are hereby appointed Vestrymen of the said Parish, until the General Election of Vestrymen shall be summoned by the said Sheriff to meet, at such Time and Place as the Majority of the said Vestrymen shall appoint, and qualify themselves as a Vestry, and proceed to ParishBusiness.

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V. Be it further Enacted, by the Authority aforesaid, That all County and Parish Taxes, now due from any of the Inhabitants of that Part of Bladen now erected into the County of Cumberland, shall be collected by the Sheriff of Bladen County; and accounted for in the same Manner as if this Act had never been made.

VI. And be it further Enacted, by the Authority aforesaid, That the Justices of the said County shall hold their first Court at the House of Thomas Armstrong, and at the said Court, or the Court suceeding, by a Majority of those present, and qualified, nominate and appoint a certain Place for building a Court-house, Prison, and Stocks, as near as may be to the Centre of the said County, and shall divide the said County into Districts, and appoint Commissioners of the Roards for the same; and may also make such Rules and Orders for erecting the said Buildings, and Running the dividing Lines, at the equal Expence of the Inhabitants of the said County of Cumberland, by a Poll Tax, as the Majority of the Justices present, shall think necessary and agree, not exceeding One Shilling, Proclamation Money, per Annum, on each Taxable, for Three Years, and no longer.

VII. And be it further Enacted, by the Authority aforesaid, That where any Action is already commenced in Bladen Court, and the Parties or Witnesses are Inhabitants of Cumberland County, all subsequent Process against such Persons, shall be directed to, and be executed by the Sheriff of Bladen County, to the End and final Determination of such Causes, any Law, Usage, or Custom to the contrary, notwithstanding.

VIII. And be it further Enacted, by the Authority aforesaid, That the said County of Cumberland be, and is hereby obliged to send Jurors to the Courts of Assize, Oyer and Terminer, and General Gaol Delivery at Wilmington, as Bladen County now doth; and the Courts of the said County of Cumberland shall be held on the Fourth Tuesdays in April, July, October, and January, every Year.

CHAPTER IX.
An act to appoint and lay out a town on the plantation of Mr. Henry Skibbow, on the east side of the North East Branch of Cape Fear river, at a place called the Sand Hill, and to appoint an inspector in the said town, and other purposes therein mentioned.

I. Whereas the inhabitants of New Hanover, Onslow, and Duplin counties, have petitioned for an act to appoint a town on the plantation of Henry Skibbow on the east side of the north east branch of Cape Fear river, in New Hanover county, at a place called the Sand Hill, and to appoint an inspector for the said town:

II. We therefore pray that it may be enacted, and be it enacted, by the Honourable Matthew Rowan, Esq; President, and commander in chief, 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 as soon as the proprietor of the said land shall acknowledge his consent and concurrence, in open court of the said county, to have such part of his land laid out for a town as herein after is directed, Alexander Lillington, Samuel Ashe, Thomas Merrick, John Gardner, and Henry Skibbow, are hereby nominated and appointed commissioners; and they, or the majority of them, are hereby invested with full power and authority to lay out forty acres of land

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on the said plantation for a town, by the name of New Exeter, and to lay out the said forty acres into lots of half an acre each, with convenient streets and squares, for a church, church yard and market place.

III. And be it further enacted, that every person whatsoever who shall be willing to be an inhabitant of the said town, shall have liberty to take any lot or lots, so to be laid out as aforesaid, and not before taken up; which lot or lots the said commissioners, or any 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 forever, in fee simple, upon the payment of forty shillings proclamation money.

IV. And be it further enacted, that if any of the above commissioners shall refuse to act, or die, or remove out of this province, that then the remaining commissioners, or the majority of them, shall elect and chuse another person or persons commissioner or commissioners aforesaid, in the room and stead of such person or persons so refusing to act, or that shall die or remove as aforesaid, and such commissioner or commissioners so elected and chosen, are hereby vested with the same powers and authorities, and subject to the like rules and regulations, as the commissioners appointed in virtue of this act.

V. And be it enacted by the authority aforesaid, that John Gardner is hereby appointed Treasurer and receiver of all such sum or sums of money as shall arise by the sale of such lots, for the use herein after mentioned; and on the death, or departure out of the government, of the said treasurer the said commissioners, or the major part of them, shall appoint some other person treasurer, in the place of the said treasurer so dying or departing the government.

VI. And be it enacted, by the authority aforesaid, that the treasurer aforesaid, and every treasurer that shall or may be hereafter appointed by the commissioners aforesaid, shall give security to the county court, that he shall and will account with and pay in all the monies he shall receive for the sale of all and every the lot or lots that shall be sold, yearly, on the twenty fifth day of March, to Henry Skibbow, or the proprietor of the said lands.

VII. Provided always, that if any lot or lots shall be granted or conveyed by the said commissioner to any person or persons whatsoever, who shall not within two years, build a good substantial habitable framed or brick house, of not less dimensions than twenty feet in length, and sixteen feet wide, besides sheds and leantoes, or make preparation for so doing, as the commissioners, or the majority of them, shall think reasonable, such grant or conveyance shall be void, and it is hereby declared void and of none effect, as if the same had never been made; and the commissioners may grant or convey such lot or lots as is herein before directed, to any other person or persons applying for the same, and paying the money for the said lot, as in this act is before directed, for the use of the said Henry Skibbow, his heirs and assigns.

VIII. And be it further enacted by the authority aforesaid, that the commissioners, or the majority of them, shall be and they are hereby impowered and authorized, to order the removal of all nusances within the limits of the said town.

IX. And be it further enacted, by the authority aforesaid, that no person inhabitant of the said town, or holding a lot or lots therein, shall inclose the same, or keep the same inclosed, under a common stake fence, but every lot therein shall be paled, or inclosed with posts and rails set up.

X. And be it further enacted by the authority aforesaid, that all persons,

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possessors or owners of any lot or lots in the said town, shall, within two years of their grant or conveyance, clear and keep constantly clear, their lot or lots, from all manner of wood, underwood, brush, and grubs, under the penalty of two shillings, proclamation money, for every month such owner or owners of any lot or lots shall neglect to clear, or keep the same clear; to be recovered by a warrant from any Justice of the Peace, and applied by the said commissioners for and towards clearing the streets in the said town. The rest repealed.

CHAPTER X.
An Act, to alter the Times for holding the Courts of Orange, Rowan and Bladen Counties.

I. Whereas, great inconveniences and Delays frequently happen to the Inhabitants of Orange, Rowan, and Bladen Counties, on Account of their Courts being held at such Times as interfere with the General Assize Courts: For Remedy whereof,

II. We pray that it may be Enacted, And be it Enacted, by the Honourable Matthew Rowan, Esq; President, and Commander in Chief, by and with the Advice and Consent of his Majesty's Council, and the General Assembly of this Province, and the Authority of the same, That the next Court of the County of Orange, after the Second Tuesday in March next, shall be held on the First Tuesday in July then next, and so on the first Tuesday of October, January, April, and July, in every Year. And that the next Court of Rowan County after the Third Tuesday in March next, shall be held on the Second Tuesdays in July, and from thence on the Second Tuesdays in October, January, April, and July, in every Year: And that the next Court of Bladen County, after the third Tuesday in March next, shall be held on the First Tuesdays in May, August, November, and February, in every Year.

III. And be it further Enacted, by the Authority aforesaid, That all Proceedings of the Courts so to be held on the respective Days before mentioned, shall be as valid, and of the same effect, they could or might have been, if held on the Days and Times first appointed, on erecting the said several Counties; and such Alteration in the Date, Test, Return, Trial, Continuances, or References, of any Process or Suit in the said Courts, shall not be alleged or allowed as Error, in any Manner whatsoever.

IV. And be it further Enacted, That all and every Act, and Clause of any Act heretofore made, for appointing other Days for holding the said Courts, shall be, and is hereby declared to be repealed, from and after the last Tuesday in March next.

CHAPTER XI.
An act to amend an act intituled, an Act to appoint a Convenient place for Holding the County Court of Duplin, and to impower the commissioners therein named to build a court-house, prison and stocks, in the said county and for enlarging the bounds thereof.

I. Whereas, in and by the before recited act, Mr. George Mears, Mr. William Houston, and Mr. Joseph Williams, were appointed commissioners for erecting and building a court-house, prison and stocks, in the said county; and also to contract and agree with workmen to build the same, of

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such dimensions as shall be agreed on by the county court; and whereas, the building the said court-house, prison and stocks, is retarded and wholly stopped, by reason the said act doth not impower the said George Mears, William Houston, and Joseph Williams, or the majority of them, to build the said court-house, prison and stocks in the said county:

II. We therefore pray that it may be enacted, and be it enacted by the Honourable Matthew Rowan, Esq.; President, 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 the said Mr. George Mears, Mr. William Houston, and Mr. Joseph Williams, or any two of them are hereby impowered to build a court-house, prison and stocks, in the said county of Duplin, and also to contract and agree with workmen to build the same, of such dimensions as is or shall be agreed on by the court of the said county.

III. And be it further enacted, by the authority aforesaid, That the court of the county of Duplin, shall appoint three persons, freeholders in the said county, who on their oaths, shall value the lands fixed on by Mr. Arthur Blackman, Mr. Anthony Williams, Mr. William M'Gee, Mr. John Brock, and Mr. William Mills, or the majority of them, for building the court-house, prison and stocks, in the said county, and an account of such valuation shall return to the next county court thereafter to be held for the said county; and the amount of such valuation the said county court shall pay to the proprietor or owner of the said land, out of the tax to be raised in virtue of an Act, intituled, An 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 and for appointing a place for building a court-house, prison, and stocks, in the said county; which said valuation and payment of the same to the said proprietor or owner, entered on the records of the said county, shall be a good and sufficient entitle to the said county for the said land so valued, paid for, and recorded.

CHAPTER XII.
An Act, to appoint a convenient place for holding the county court of Orange, and to impower the commissioners hereafter named, to build a court-house, prison and stocks, in the said county.

I. Whereas, by an act, intituled, an Act, for dividing part of Granville, Johnston, and Bladen counties, into a county and parish, by the name of Orange county, and the parish of St. Matthew, and for appointing vestry men for the said parish, and other purposes therein mentioned; among other things it was enacted, that the Justices of the said court, at the court to be held for the said county at the house of John Gray, on the second Tuesday in June next after passing the said act, or the then next succeeding court, should agree on and appoint a place for building a court-house, prison and stocks, in the said county; which said Justices being then unacquainted with the bounds of the said county, did by the 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 fifteen miles of the west line of the said county, to the great inconveniency and detriment of the inhabitants of the said county attending the said court: Wherefore,

II. We pray that it may be enacted, and be it enacted, by the Honourable Matthew Rowan, Esq., President, and commander in chief, by and with

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the advice and consent of his Majesty's Council, and the General Assembly of this Province, and by the authority of the same, that the court-house, prison, and stocks, for the said county of Orange, shall be erected on or near where the western path crosses the river Eno, on a piece of land where James Watson now lives.

III. And be it further enacted, by the authority aforesaid, That Mr. Alexander Mybain, Mr. John Gray, Mr. John Patterson, Mr. James Ellison, and Mr. Marmaduke Kimbrough, or the majority of them, be, and they are hereby appointed commissioners, to make choice of a suitable and convenient place at or near the said path, where it crosseth Eno river, for the erecting and building thereon a court-house, prison, and stocks; and also to contract and agree with workmen to build the same of such dimensions as to them shall seem meet and convenient.

IV. And for defraying the expence thereof, be it enacted by the authority aforesaid, that the tax laid by the before recited act, shall be applied towards the court-house, prison and stocks, at the place in this act before mentioned.

V. Provided always, that nothing in this act shall be construed to make void any contract or agreement, entered into by the justices of the said county, with any person or persons for building the court-house, prison and stocks at the place appointed by the Justices of the said county in virtue of the before recited act, to annul invalidate, or make void any suit that is, or may be brought thereon.

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

CHAPTER XIII.
An Act for appointing and laying out a town on the land of John Jenkins, on the south side of Pee Dee river, in Anson county; and for other purposes therein mentioned.

I. Whereas, the inhabitants of Anson county labour under great disadvantages for want of trade, by being so inconvenient to, and distant from any of the navigable rivers of this province, only Pee Dee, and that dischargeth itself into South Carolina, which renders it very impracticable for them to dispose of anything that ariseth from the produce of the soil, either to pay their public or private debts, in this province: for remedy whereof,

II. We pray that it may be enacted, and be it enacted, by the Honourable Matthew Rowan, Esq; President, and Commander in chief, 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 as soon as the proprietor of the said land shall acknowledge his consent and concurrence in open court, of the said county, to have such part of his said land laid out for a town, as is herein after directed, Mr. Charles Robinson, Mr. Caleb Howell, Mr. Thomas Tompkins, Mr. William Forbes, and Mr. Edmund Cartledge, are hereby nominated and appointed commissioners; and they or the majority of them, are hereby invested with full power and authority, to lay out fifty acres of land on the said plantation for a town, by the name of Gloucester, and to lay out the same fifty acres into lots of half an acre each,

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with convenient streets and squares, for a church church-yard, and market place.

III. And be it further enacted by the authority aforesaid, that when the commissioners, or a majority of them, have laid out the said town as aforesaid, 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 the majority of them, are hereby impowered to grant, convey, and acknowledge, to the person or persons taking up the same, his or their heirs and assigns forever, in fee-simple, upon the payment of forty shillings proclamation money, to the treasurer hereafter mentioned.

IV. And be it further enacted, by the authority aforesaid, that Thomas Tomkins be, and is hereby appointed treasurer and receiver of all such sum or sums of money, as shall arise by the sale of the said lots, for the use hereafter mentioned; and on the death or departure out of this government by the said treasurer, the said commissioners, or the majority of them, shall appoint some other person treasurer, in the place and stead of the said treasurer so dying or removing.

V. And be it further enacted, by the authority aforesaid, that the treasurer that now is, or may be hereafter appointed by the commissioners as aforesaid, shall give security to the county court, in the sum of one hundred pounds, that he will and shall account, with, and pay all the monies he shall receive for the sale of the said lots, that shall be sold yearly, on the first day of May, to the proprietor of the said town.

VI. Provided always, that if any lot or lots shall be granted or conveyed by the said commissioners to any person or persons whatsoever, who shall not, within two years, build a good substantial habitable framed, brick, or stone house, of no less dimensions than twenty four feet in length and sixteen feet wide, besides sheds or leantoes, or make preparation for so doing, as the commissioners or the majority of them, shall, on view, think reasonable, such grant and conveyance shall be void and of none effect, as if the same had never been made: and the commissioners or the majority of them, may grant and convey such lot or lots, which shall not be built on within the time, and in the manner aforesaid, to any other person or persons applying for the same, and paying the purchase money as aforesaid, to the use of the proprietor of the said land.

VII. And be it further enacted, by the authority aforesaid, that the commissioners or the majority of them, shall be, and they are hereby impowered to remove all nuisances within the limits of the said town.

VIII. And be it further enacted, by the authority aforesaid, that all persons, possessors or owners of any lot or lots in the said town, shall within two years of the date of his or her grant or conveyance, clear, and keep constantly clear, his or her lot or lots, from all manner of wood, underwood, brush, and grubs, under the penalty of one shilling proclamation money, for every month such owner or owners of any lot or lots shall neglect the same, to be recovered by a warrant from any justice of the peace of the county, and applied by the commissioners, for and towards clearing the streets of the said town. The rest Obsolete.