At a General Assembly, begun and held at New Bern, on the Twelfth Day of December, in the Year of our Lord One Thousand Seven Hundred and Fifty Four: Being the Second session of this Assembly. Arthur Dobbs, Governor.
I. Whereas, by Reason of the large Extent of this Province, the Attendance of Officers, Jurors, and Suitors, at the Supreme Court of Judicature, and Courts of Assize, as heretofore by Law established, is grievous and burdensome, and it is extremely difficult for the Officers to execute and return Writs and other Process, returnable to the said Courts; whereby great Delays are occasioned in Suits Prosecuted in the said Courts, and the Costs much increased: For Remedy whereof for the future;
II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the Second Day of March next, at the Times and Places herein after directed, there shall be held Five principal Courts of Judicature for this Province, which Courts shall be, and are hereby established, by the Name of the Supreme Courts of Justice, Oyer and Terminer, and General Gaol Delivery of North-Carolina; and shall consist of the Chief Justice, for the Time being, and Three other Justices, to be appointed and commissioned for the same, by Commissions to be issued by the Governor, or Commander in Chief for the Time, under the Seal of the Province; who shall have Cognizance of, and are hereby declared to have full Power and Jurisdiction, of all Pleas, real, personal, and mixed, filial Portions, and Distributions of Intestates Estates, and all Pleas of the Crown, and Matters relating to the Breach of the Peace, and Punishment of Offenders, where brought before them by Original Process, Writ, or Error, Appeal from any County Court, or by any other Ways or Means whatsoever; and are hereby declared to have Power and Authority to give Judgment therein, ana award Execution thereupon.
III. And be it further Enacted, by the Authority aforesaid, That in Case of the Disability or Absence of the said other Justices, it shall and may be lawful for the Chief Justice to hold the said Courts alone, and to take Cognizance of all Matters in them or any of them, depending; and in case of the Disability or Absence of the Chief Justice, and where he shall be a Party in any Suit, the Courts shall and may be held in like Manner, by any Two of the other Justices.
IV. Provided nevertheless, That no Person shall take Original Process, for Tryal of any Thing in any of the said Courts, for less Value than Ten Pounds, Proclamation Money; except against the Members of a County Court, or Vestry, or where the Parties Plaintiff and Defendant, live in different Counties.
V. And be it further Enacted, That the Chief Justice, and every other Person, who shall at any Time hereafter, accept the Office of a Judge or Justice of any of the said Courts, before entering upon and executing the same, shall take the Oaths appointed to be taken by Act of Parliament, and repeat and subscribe the Test, and also take the following Oath, to wit,
You shall swear, That you will well and truly serve our Sovereign Lord the King, and his People, in the Office of Chief Justice, (or Justice, as the Case is) of the Supreme Courts of Justice, Oyer and Terminer, and General Gaol Delivery of North Carolina, for the Counties of —— and you shall not councel or assent to any Thing which may turn to the Hurt or disinheriting of the King, by any Way or Colour; and you shall do equal Law and Execution of Right to all the King's Subjects, Rich and Poor, without having regard to any Person, you shall not wittingly or willingly take, by yourself, or any other Person, any Gift or Reward whatsoever, for any Matter or Thing by you done, or to be done, by Virtue of your Office; you shall not take any Fees or other Gratuity of any Person, great or small, except such Salary, Fees, and Perquisites, as shall be by Law appointed, or such Salary as his Majesty, his Heirs or Successors, shall think fit to allow you for your Service; you shall not maintain, by yourself, or any other, privily or openly, any Plea, or Quarrel hanging in any of the King's Courts; you shall not delay Persons of common Rights for the Letters of the King, his Governor of this Province, or of any other Person, nor for any other Cause; and in Case any Letters come to you contrary to Law, you shall nothing do for such Letter; but you shall proceed to do the Law, the said Letters notwithstanding; and finally in all Things belonging to your said Office, during your Continuance therein, you shall faithfully, truly, and justly, according to the best of your skill and Judgment, do equal and impartial Justice, without Fraud. So help you God.
And if any Person shall presume to execute the said Office, without first qualifying according to the Direction of this Act, he shall, for every such Offence, be fined One Hundred Pounds, Proclamation Money; One Moiety to our Sovereign Lord the King, his Heirs and Successors, for and towards the better Support of this Government, and the contingent Charges thereof, and the other Moiety to the Informer: To be recovered by Action of Debt, Bill, Plaint, or Information.
VI. And be it Enacted, by the Authority aforesaid, That the Times and Places for holding the said Supreme Courts of Justice, Oyer and Terminer, and General Gaol Delivery, shall be as follows; to wit, For the Counties of Craven, Carteret, Johnston, Beaufort, and Hyde, at New Bern, on the Third Tuesdays in March and September: Currituck, Pasquotank, Pequimons, Chowan, Bertie and Tyrell, at Edenton, on the Second Tuesdays in October and April: Northampton, Edgcomb, and Granville, at the Court-house in Enfield, on the First Tuesdays in November ana May: Orange, Rowan, and Anson, at the Court-house in Salisbury, on the Fourth Tuesdays in May and November: And New-Hanover, Bladen, Duplin, Onslow, and Cumberland, at Wilmington, on the Fourth Tuesdays in August and February; and shall continue to be held Ten natural Days each, exclusive of Sundays.
VII. Provided nevertheless, If all Suits and other Matters depending in any of the said Courts, shall be finished in less Time than appointed by this Act for holding the same, it shall be lawful to adjourn to the next succeeding Court.
VIII. Provided also, That none of the said Courts shall be discontinued, or any of the Pleas or Procedings in them depending, by Reason of the Death of the Chief Justice, or other Justices of the said Courts, or any other unavoidable Let or Hindrance of their Attendance to hold Court, according to the Directions of this Act; but in such Case, all Pleas, Causes, and Proceedings whatsoever, being and remaining in any such Court, shall stand continued to the next Court in Course.
IX. And be it further Enacted, by the Authority aforesaid, That all Original
X. And be it further Enacted, by the Authority aforesaid, That all such Writs and Process, (except Subpoenas to summon Evidences, which may be made returnable immediately) shall be returnable to the First Day of the Court, and be returned Five Days before the Court to which the same are returnable; and shall be executed at least Ten Days before the Beginning of such Court: And if any Person shall take out Original Process whilst the Court is sitting, or within Ten Days before the Beginning of any such Court, such Process shall be made returnable to the Court next succeeding that then sitting, or beginning within Ten Days as aforesaid, and not otherwise; and all such Process issued, made returnable, or executed, at any other Times, or in any other Manner than is herein directed, shall be to all Intents and Purposes void.
XI. Provided always, That nothing herein contained, shall be construed to extend to invalidate or vacate any Process, Warrant, or other Mandate or Precept, issued by any of the Judges or Justices of the said Courts, or Justices of the Peace, or by the Clerk of the Crown, or any Criminal Prosecution, or in his Majesty's Behalf; but that the same may be returnable to any Day in sitting of the Court to which the same is returnable: And the Proceedings in Criminal Suits and Prosecutions, shall be had according to the Laws and Statutes of Great Britain, and this Province; any Thing herein contained to the contrary, in any-wise, notwithstanding.
XII. And be it further Enacted, by the Authority aforesaid, That when any Writ shall issue from any of the said Courts, whereby the Sheriff shall be commanded to take the Body of any Person or Persons, to answer unto any Plaintiff or Plaintiffs in any Action in any of the said Courts, the Sheriff shall take Bond, with Two sufficient Securities, for double the Sum for which the Person or Persons shall be held in Arrest; and shall return such Bond with such Writ, (Executors or Administrators and Persons sued on Penal Statutes, excepted:) And in Case the Sheriff shall fail or neglect to take such Bail, or the Bail returned shall be found insufficient, on Exception taken. then and in that Case the Sheriff shall be deemed and stand Bail for the Defendant; and the Plaintiff shall not be delayed in his Suit or Action, but may and shall proceed according to the Rules hereafter mentioned, and shall and may take out Execution against the Defendant or Sheriff or both: Any Law, Usage, or Custom to the contrary notwithstanding.
XIII. Provided always, That if the Defendant shall be admitted by the Court to enter an Appearance without Bail, or puts in Bail before the Rules to plead shall expire, then the said Sheriff shall be discharged.
XIV. Provided also, That the Defendant may be surrendered at any Time, before final Judgment shall be entered against him.
XV. And be it further Enacted, That when any Sheriff shall return, that he hath taken the Body of any Defendant, and committed him to the
XVI. And be it further Enacted, That if the Sheriff shall neglect to execute or return any Writ or Writs issuing out of any of the said Courts, which shall be delivered to him Twenty Days before the sitting of the Court to which such Writ or Writs shall be returnable, the Sheriff, for every such Neglect, on Motion of the Plaintiff, and Proof of such Delivery, shall be ordered and obliged to pay the Party grieved, the Sum of Five Pounds, Proclamation Money, and be further liable to the Action of the Party injured; unless the said Sheriff can shew sufficient Cause to the Court from whence such Process issued, at the next succeeding Court after such Order.
XVII. And be it further Enacted, That all Bail taken according to the Directions of this Act, shall be deemed, held, and taken to be special Bail, and as such, liable to the Recovery of the Plaintiff; but the Plaintiff, after final Judgment, shall not take out Execution against such Bail, until an Execution be first returned, that the Defendant is not to be found; and also, shall take out a Scire Facias, returnable to the said Court, which shall be made Known to the Bail; and that after the Return of such Execution against the Principal, and Scire Facias aforesaid against the Bail, Execution may issue against the Principal and Securities, or either, or their, or either of their Estates, unless the Bail surrender the Principal at or before the Return of the first Scire Facias; any Law, Usage, or Custom, notwithstanding.
XVIII. Provided nevertheless, That if any Sheriff shall return, on a Scire Facias to him directed, that the Principal is imprisoned in the Prison of his County, or any other Bailiwick, by Virtue of any Process in any Civil Action; the Supreme Court to which such Scire Facias is returnable, shall, on the Motion of the Plaintiff for Bail, order and direct, that such Principal be retained in the Gaol where he or she shall be a Prisoner, until he or she shall have paid the Plaintiffs Judgment and Costs, or be otherways discharged by due Course of Law, a Copy of which Order being served on the Gaoler of such Prison, before such Prisoner's Releasement, shall be a sufficient Authority for him to retain such Prisoner, until he or she shall have complied with such Order; and also, shall be deemed a Surrender of such Principal, and as such discharge the Bail.
XIX. And for the better ascertaining what process may issue, when the Sheriff shall return, that the Defendant is not to be found within his Bailiwick; Be it Enacted, That when the Sheriff shall make Return as aforesaid, in any Civil Action, the Plaintiff or Plaintiffs may issue out an Attachment against the Estate of such Defendant, returnable as hereinbefore directed for the Return of Original Process, thereupon to enforce an Appearance, or an alias or Pluries Capias, till such Defendant shall be arrested, at the Election of the Plaintiff or Plaintiffs; and if the Sheriff shall return any Goods by him attached, and the Defendant shall fail to plead within the Time hereinafter directed, the Plaintiff shall be entitled (if in an Action of Debt), to a final Judgment, and if an action on the Case, to a Judgment by Default, and a Writ of Enquiry of Damage, to be executed at the next Court; and the Goods so attached, (if not replevied or sold according to the Directions of this Act, for Goods attached on an Original
XX. And be it further Enacted, by the Authority aforesaid, That it shall be lawful for the Chief Justice, or other Justices of any of the Supreme Courts of Justice, Oyer and Terminer, and General Gaol Delivery, or any Justice of the County Courts, (upon Complaint made by any Person, on Oath, that his Debtor is removed, or removing himself out of the County privately, or absconds or conceals himself, so that the ordinary Process of Law cannot be served upon him,) to grant an Attachment against the Estate of such Debtor, wherever the same shall be found, or in the Hands of any Person or Persons indebted to, or having Effects of the Party absconding, or so much thereof as shall be of Value sufficient to satisfy the Debt and Costs of such Complaint; which Attachment shall be returnable to the Court where the Debt or Matter is cognizable: and that such Attachment shall be deemed the leading Process in such Action, and the same Proceedings had thereon, as on an Attachment on a Return of a Non est inventus by the Sheriff.
XXI. Provided always, That every such Justice, before granting such Attachment, shall take Bond and Security of the Party for whom the same shall be issued, in double the Sum to be attached, payable to the Defendant, for satisfying and paying all Costs which shall be awarded to the said Defendant, in Case the Plaintiff suing out the Attachment shall be cast in his Suit, and also, all Damages which shall be recovered against the said Plaintiff for suing out such Attachment: Which Bond shall, by the Justice granting the same, be returned to the Court to which the Attachment is returnable; and every Attachment issued without such Bond taken and returned as aforesaid, and Oath made as aforementioned, is hereby declared void, and shall be dismissed.
XXII. And be it further Enacted, That where any Person, Inhabitant of any other Government, shall be indebted to, or hath done any Tort or Injury to any Person a Resident of this Province, and cannot personally be served with Process, and hath Effects in this Government; any of the said Justices may grant an Attachment against the Estate of such Person indebted, or who hath done any Tort or Injury as aforesaid, under the Rules, Restrictions, and Regulations above-mentioned, and the same Proceeding shall and may be had thereon.
XXIII. And be it further Enacted, by the Authority aforesaid, That when Goods or other Estate of any Person or Persons shall be attached by Virtue of an Attachment, whether judicial or original, it shall and may be lawful for such Person or Persons, his, her or their Attorney, to replevy the same, by giving Bond, with good Security, to the Sheriff or other Officer serving the said Attachment, (which Bond, the said Sheriff or other Officer, is hereby impowered and required to take) to appear at the Court to which the Attachment shall be returnable, and to abide by, perform and satisfy the Order and Judgment of such Court; and where the Estate so attached is perishable, if the person or persons to whom it belongs shall not within Thirty Days after serving such Attachment, replevy the same, then such Estate shall be sold at Public Vendue, by the Sheriff or other Officer serving such Attachment; such Sheriff or other Officer having first advertised such Sale, at every Church and Chapel in his County; and the Money arising from
XXIV. And whereas divers Persons, possessed of Lands, Tenements, and Hereditaments within this Province, having contracted Debts, or shall hereafter contract Debts, with Traders, and other Persons residing here, have departed, and may depart this Province, without leaving Personal Estate sufficient to satisfy the same; and there not being suitable Provision made, whereby the Lands of such Debtors may be subject to satisfy such Debts: For Remedy whereof; Be it Enacted, by the Authority aforesaid, That any Justice shall and may grant an Attachment, at the Prayer of the Person to whom such Person or Persons as aforesaid shall be indebted, directed to the Sheriff of the County where the Lands lie, returnable to the Court where the Matter is cognizable; and if the Sheriff return that the Person hath no Goods to be found in his Bailiwick, the Court shall grant Judgment for the Debt, due Proof thereof being first made; which said Judgment shall be final in Actions of Debt, and in other Actions, a Writ of Inqury shall, on the Motion of the Plaintiff, be then executed, upon which Judgment, a Writ of Fiere Facias shall be awarded, returnable to the next Court, by Virtue whereof, the Sheriff, if he cannot find Goods of the Defendant's, within his Bailiwick, sufficient to such Judgment, and Costs, shall sell such Lands to the highest Bidder, having first advertised the Sale thereof, at every Church and Chappel in his County, for One Month at least before the Day appointed for the same; and such Sheriff shall give the Purchaser a Deed of Bargain and Sale, which shall be good and sufficient in Law, to convey all the Rights, Title, Property, and Estate, that the Party or Parties, against whom such Judgments shall be obtained, shall have, or could or might claim in such Land; and out of the Money arising by such Sale, shall pay and satisfy such Judgment and Costs, and the Overplus, (if any,) shall pay to the Owner of such Lands.
XXV. And for Prevention of Error in issuing Attachments, and taking
|North-Carolina,||} to wit,|
George the Second, by the Grace of God, of Great Britain, France and Ireland, Defender of the Faith, &c. To the Sheriff of —— County, Greeting. Whereas A. B. hath complained to C. D. our Chief Justice of the Supreme Courts of Justice, Oyer and Terminer, and General Gaol Delivery of North Carolina, (or as the Case may be,) that E. F. late of your County, Planter, is justly indebted to him in the Sum of —— (or hath endamaged him in the Sum of —— as the Case really is,) and hath made Oath, that the said E. F. hath removed himself privately out of your said County, or so absconds or conceals himself, that the ordinary Process of Law cannot be served on him; and hath given Bond and Security, according to the Directions of the Act of Assembly in such Case made and provided: We therefore Command you, that you attach the Estate of the said E. F. if to be found in your Bailiwick, or so much thereof (repleviable upon Bond and Security given,) as shall be of Value sufficient to satisfy the said Debt, or Damages, according to the Complaint and Costs; and such Estate so attached, in your Hands to secure, or so to provide, that the same may be liable to further Proceedings thereupon to be had at our next Supreme Court of Judicature, Oyer and Terminer, and General Gaol Delivery, to be holden for the Counties of —— at —— on the —— Tuesday of —— next; so as to compell the aforesaid E. F. then and there to appear and answer the above-mentioned Complaint of the aforesaid A. B. when and where you shall make known to our said Court, how you shall have executed this Writ. Witness our said Chief Justice (or whoever grants the Attachment,) this —— Day of —— in the —— Year of our Reign.
The Bond, to wit,
Know all Men by these Presents, That we, A. B., G. H. and I. K., all of the County of —— are held and firmly bound to E. F. late of the County of —— in the Sum of —— (double the Sum in the Attachment,) to be paid to the said E. F. his certain Attorney, Executors, Administrators, or Assigns: To which Payment well and truly to be made, we bind ourselves, and each of us, our, and each of our Heirs, Executors, and Administrators, jointly and severally, firmly, by these Presents. Sealed with our Seals, and dated this —— Day of ——
The Condition of the above Obligation is such, That whereas the above bounden A. B. hath, the Day of the Date of these Presents, prayed an Attachment against the Estate of the above-named E. F. for the Sum of —— (the Sum complained for,) and hath obtained the same from C. D. Esq; Chief Justice, (or whatsoever grants the same,) returnable to the Supreme Court of Justice, Oyer and Terminer, and General Gaol Delivery, for the Counties of —— (here the name of the Counties,) on the —— Tuesday in —— next: Now if the said A. B. shall prosecute his said Suit with Effect, and in Case he shall be cast therein, shall well and truly pay and satisfy, to the said E. F. all such Costs and Damages as shall be awarded and recovered against the said A. B. then the above Obligation to be void: Otherwise to remain in full Force and Power.
And all such Attachments shall bear Test of, and be signed by the Justice issuing the same.
XXVI. And be it further Enacted, by the Authority aforesaid, That from
That the Plaintiff shall file his Declaration on or before the Second Day of every Court or Term, in the Office of the Clerk of the Court, and serve the Defendant with a Copy of such Declaration, at least Five Days before the sitting of the Court to which Suit is brought, or a Nol-pross may be entered by the Defendant.
That the Defendant shall appear, and plead or demur, within the first Three Days of the Term to which the Writ is returnable; otherwise the Plaintiff may have Judgment by Default; which in Debt shall be final, unless where Damages are to be suggested on the Roll; and in that Case, and in all Cases where the Plaintiff shall recover in Damages, a Writ of Enquiry shall be executed the next Court: Provided, that where the Nature of the Action requires special pleading, the Court may enlarge the Time, on sufficient Cause shown.
That where the Defendant pleads specially, the Plaintiff shall reply in Three Days, or a Non-Pross may be entered by the Defendant; and if the Plaintiff replies, and in his Replication, tender an Issue, the Defendant shall join Issue or demur in Three Days; and when the Defendant rejoins to the Plaintiff's Replication, he shall file his rejoinder in Three Days, or Judgment shall in either Case go against the Defendant by Default, unless the Time for pleading shall be enlarged by the Court as aforesaid, and the same Time shall be given, and Rules observed, through the whole Course of Proceedings.
That all issues shall be tried at the next succeeding Court after the issue joined, without any Notice given by the Attorney of either Side, nor shall any cause be continued or delayed, unless special Cause be shown to, and approved by the Court.
That the Clerk of Every Court, before the sitting of the same, shall enter, in a particular Docket to be kept for that Purpose, all such Causes, and those only, in which any Issue is to be tried, Writ of Enquiry to be executed, special Verdict, Case agreed, or Demurrer to be argued, in the same Order as they stand in the Course of Proceedings.
That where a special Verdict shall be found, Case agreed, Demurrer, or Bill of Exception to Evidence, Time shall be allowed, upon Motion of either Party, to the next Court, to argue the same.
That for the more entire and better Preservation of the Records of the Court, where any Cause is finally determined, the Clerk shall enter all the Proceedings therein, and other Matters relating thereto, in a Book well bound with Vellum; so that an entire and perfect Record be made thereof.
That all Causes to be tried by Jurors, be first tried.
That all Motions in Arrest of Judgment, shall be argued in the Three last Days of the Term the Issue is tried; the Defendant's Attorney first serving the Plaintiff's Attorney with a Copy of the Reasons in Arrest of Judgment, the next Day after such Motion.
That all Arguments on Writs of Error, Special Verdict, Cases agreed, Demurrers, Petitions for filial Portions, and Distribution of Intestates Estates, shall be heard the Four last Days of Court.
That when any final Judgment shall be obtained, the Clerk shall allow a Lawyer's Fee in the Bill of Costs, if the Party employed one; which Fee is hereby declared, in all Cases in the said Courts, to be Thirty Shillings, Proclamation Money.
That no Plea of Abatement shall be received in any of the said Courts,
That where a Plea in Abatement shall be pleaded in any Action in either of the said Courts depending, and upon Argument, the same shall be adjudged insufficient, the Plaintiff or Plaintiffs shall recover against the Defendant or Defendants full costs, to the Time of over-ruling such Plea, including the Costs of that Court, a Lawyer's Fee only excepted; and the Plaintiff, in Replevin, or the Defendant, in any other Action, may plead as many several Matters as he shall think necessary for his Defence, so as he be not admitted to plead and demur to the whole.
XXVII. And be it further Enacted, That all the Statutes of Jeofails which are now in force in England, are hereby declared to extend to, and be in Force here; and shall be duly observed by all Judges and Justices of the several Courts of Record within this Province, according to the true Intent and Meaning of the said Statutes.
XXVIII. And be it further Enacted, by the Authority aforesaid, That the following Orders, Rules, and Methods of taking the Testimony of Witnesses in all Cases to be depending in the said Courts, be observed and put in Practice; to wit,
That in all Causes where Witnesses are to appear at either of the said Courts, a Subpoena shall be issued by the Clerk for the Time being, directed to the Sheriff of the County where such Person resides, expressly mentioning the Time and Place where the Witnesses are to appear, and the Names of the Parties to the Suit wherein they are to give Evidence, and at whose Instance they are Summoned.
That every Subpoena made returnable immediately, shall be personally served on any Person who shall be thereby summoned as a Witness to attend any of the said Courts.
That a Copy of any Subpoena, issued by the said Clerk in the Vacation, and returnable upon the first or any other Day of the Court, in Case the Person therein named be not found at home, left at the usual Residence or abode of such Witness or Witnesses therein named, by the Sheriff, Ten Days before the Return of such Subpoena, shall be deemed a good and valid Service, and the Person thereby bound to appear.
XXIX. And be it further Enacted, That if any Person be summoned to attend as aforesaid, and shall fail to appear accordingly, every such Person so failing, shall forfeit, to the Person or Persons at whose Suit the Summons issued, Twenty Pounds, Proclamation Money, and shall be further liable to an Action on the Case, for what Damages such Person shall sustain, for Want of such Witness' Testimony.
XXX. Provided always, That if sufficient Cause be shown by the Person so summoned and failing to appear, of his or her Incapacity to attend, at the Time he or she ought to have appeared, then no Forfeiture or Penalty shall be incurred by such Failure; but if sufficient Cause be not shewn at the next succeeding Court after such Failure, on Notice given, it shall and may be lawful for the Court, on Motion of the Party for whom such Witness was summoned, to grant Judgment for the Forfeiture aforementioned, against the Person or Persons so summoned and failing to appear as aforesaid: And where any Person summoned as a Witness in any Cause as aforesaid shall be confined in Gaol in any Prison in this Province, any of the Supreme Courts, for the better Manifestation of Truth and Furtherance of Justice, shall and may grant a Habeas Corpus ad Testificandum, to remove such Person into such Court, the Party praying
XXXI. And be it further Enacted, That if any Witness, by Sickness, Age, or any other Cause, shall be incapable of attending to give his or her Evidence, according to such Summons, on Oath made thereof, or the Truth of the same otherwise sufficiently appearing, the Judge or Justices of the Court where the Suit is depending, shall and may, by Commission or Commissions, from Time to Time, as Need may require impower such and so many Persons as they shall think fit and necessary, to take and receive all and every the Depositions of any Person or Persons so incapacitated as aforesaid.
XXXII. Provided always, That the Party praying for, and obtaining such Commission or Commissions for taking and receiving any Depositions as aforesaid, shall make known to the other Party against whom the same are to be taken, the Time and Place of the Execution of every such Commission, at least Ten Days before the Day appointed for such Execution, who shall have liberty to cross examine such Witnesses; and all Depositions otherwise taken than is herein directed, shall be void, to all Intents and Purposes.
XXXIII. And be it further Enacted, That if any Person who shall be summoned as a Witness, and upon his or her Appearance in either of the Supreme Courts, or any County Court, or before any Person appointed to take Depositions as aforesaid, shall refuse to give Evidence, upon Oath, such Person so refusing, shall immediately be thereupon committed to the Common Gaol, there to remain without Bail or Main-prize, until he or she shall be willing to give Evidence, in such Manner as the Law now doth, or hereafter at any Time, shall direct.
XXXIV. Provided always, That the People called Quakers, shall have the same Liberty of giving their Evidence by way of solemn Affirmation or Declaration as by an Act of Parliament, made in the Eighth of the Reign of the late King George, intituled, An Act, for granting to the People called Quakers, such Terms of Affirmation or Declaration, as may remove the Difficulties which many of them lie under; and that all Negroes and Mulattoes, bond or free, to the Third Generation, and Indian Servants and Slaves, shall be deemed and taken to be incapable in Law to be Witnesses, in any Cause whatsoever, except against each other.
XXXV. And be it further Enacted, That during the Attendance of any Person summoned as a Witness to the Supreme or County Courts, and as such Person is going to and returning from the Place of such Attendance, allowing One Day for every Twenty Five Miles such Persons Residence shall be distant from the same, no Person whosoever shall serve or execute, or cause to be served or executed, upon any Person so attending, going to, or returning from such Place of Attendance as aforesaid, any Writ, Process, Warrant, Order, Judgment or Decree in any Cause; and if any such shall be served or executed, the same shall be null and void.
XXXVI. And be it further Enacted, That for every Mile any Person shall travel, either going to or returning from the Place where he or she shall be summoned to appear as a Witness, there shall be paid to him or her by the Person or Persons on whose Behalf the Summons issued, Three Half pence, Proclamation Money, per Mile, together with the necessary Charges of Ferriage in going and returning, and Two Shillings, Proclamation Money, per Day, for every Days Attendance, from the Time appointed
XXXVII. And be it further Enacted, That in any Bill of Costs, there shall not be allowed the Charge of above Three Witnesses to the Proof of any particular matter of fact.
XXXVIII. And be it further Enacted, That the said Supreme Courts shall have Power and Authority to grant Writs of Error, for correcting the Errors of any County Court where the same shall be necessary, and the Party praying such Writ or Writs, shall petition the Court, and assign Error, and some Attorney practising in such Court, shall certify under his Hand, that in his Opinion sufficient Matter of Error is set forth or shewn by the Petitioner and thereupon the Court may order such Writ or Writs to be issued by the Clerk of the Court, or may reject the Petition: And upon granting any such Writ or Writs, and before issuing thereof to the Clerk, the Petitioner shall give Bond and Security, in the Clerk's Office, to be approved of by the Court, which Bond shall be under the like Penalties and Conditions, and the Parties subjected to Payment of the like Damages and Costs, as in Cases where Writs of Error or Appeals are granted or allowed by any County Court: And if upon Tryal of any Appeal or Writ of Error, the Judgment or Decree of any County Court shall be reversed, the Supreme Court shall enter such Judgment, or make such Decree thereupon, as should have been enterd or made up, in the inferior Court, and shall and may issue Execution thereon, without granting a Writ of Procedendo. And to prevent the obtaining Writs of Error by Surprize, the Party praying such Writ in any Civil Cause, shall give Notice to the adverse Party of the Time of his moving or petitioning for such Writ, at least Ten Days before such Motion or Petition; and no such Writ shall at any Time be granted, without producing an Affidavit of such Notice.
XXXIX. Provided always, That no Appeal shall be valid, nor any Writ of Error granted or allowed, for reversing any Judgment or Decree of any County Court, in any Action or Suit whatsoever, where the Debt, Damage, or other Matter recovered shall be of less value than the Sum of Ten Pounds, Proclamation Money, exclusive of Costs; nor shall any Writ of Error or Appeal be granted or allowed, unless a final Judgment or Decree shall be given, and unless the Party praying such Writ or Writs of Error, shall petition for the same within One Year after final Judgment Shall be entered, or Decree made in the County Court.
XL. And for preventing long and oppressive Imprisonments; Be it further Enacted, by the Authority aforesaid, That where any Person shall be committed in any Civil Action, to the Gaol of any County, by Process issuing out of any County Court, for any Matter or Thing cognizable in the Supreme Court, it shall and may be lawful for the Supreme Court of the District within which such Person shall be imprisoned, upon Petition of such Person, and Cause shewn, to issue out a Habeas Corpus cum causa, to remove his or her Body into the Gaol of such Supreme Court, and the Cause of such Commitment, into such Supreme Court; and the Clerk of the Court is hereby authorized and required, upon Direction of the Court, to issue such Writ accordingly, and the Court shall and may proceed therein, and bail, discharge, or remand such Prisoner.
XLI. And be it further Enacted, by the Authority aforesaid, That as well the Chief Justice for the Time being, as the several Clerks and Officers of the said Courts, shall be allowed, and shall have, take and receive, for all Services by them, or any of them to be done, in Pursuance of this
XLII. And be it further Enacted, by the Authority aforesaid, That all Causes, Pleas, Writs, Actions, Suits, Plaints, Process, Precepts, Recognizances, Indictments, and Presentments, whatsoever that are or shall be depending in the General Court, Courts of Assize, and General Gaol Delivery of this Province, and every of them, or shall be returnable to, had or shall have Day or Days in any of the said Courts, or other Matters or Things in them, and each of them depending, not fully made up or determined on the aforesaid Second Day of March next, shall be transposed and carried off the Dockets for each of the said Courts, into the Dockets of the said Supreme Courts, in the same Order as they shall then stand in the Dockets of the said General Court, and Courts of Assize, and General Gaol Delivery respectively, and shall be proceeded in by the said Supreme Courts, according to the Method by this Act directed, as if the same had been originally commenced in any of the Supreme Courts; due Regard being had, that each Court take Cognizance of all such Suits, Matters, and Things, the Cause or Causes whereof arose, or is suggested to have arisen within the Limits of their Respective Districts.
XLIII. And whereas the said Chief Justice and Attorney General, must be at great Expence in attending the said Supreme Courts, at the respective Times and Places aforesaid; Be it further Enacted, by the Authority aforesaid, That the Chief Justice, for his Trouble and Expence in attending the said Courts, shall have and receive the Sum of Two Hundred and Sixty Pounds, Proclamation Money, annually; and the Attorney General, One Hundred and Twenty Pounds, Proclamation Money, annually; to be paid out of the Treasury, by a Warrant under the Hand of the Governor or Commander in Chief for the Time being.
XLIV. Provided nevertheless, That if the Chief Justice shall fail or neglect to attend and hold the said Courts, or any of them, or the Attorney-General shall fail to give Attendance by himself or Deputy, no Salary shall be allowed to the Chief Justice for such Courts as he shall fail or neglect to attend and hold, nor to the Attorney General, for such as he shall not give his Attendance at as aforesaid.
XLV. And be it further Enacted, by the Authority aforesaid, That the Chief Justice for the Time being shall nominate and appoint a skillful and Knowing Clerk to each of the said Supreme Courts, who, before entering upon the Execution of his Office, shall enter into Bond, to the Chief Justice, with two good and Sufficient Securities, in the Penalty of Five Hundred Pounds Sterling, for his well and faithfully keeping and preserving all Records and Proceedings of the said Courts, and truly and honestly demeaning himself in his Office; and shall take an Oath, for the due and faithful Execution of his Office.
XLVI. And be it further Enacted, That from and after the Ratification of this Act, a Tax of Six Pence Proclamation Money, per Poll, shall be annually levied on the taxable Persons within this Province, and collected by the Sheriffs of the respective Counties, at the Time all other Taxes are collected and paid, for and during the Space of Two Years, to be paid and applied in the Manner following: That is to say, All the Monies arising by the said Tax in the Counties of Craven, Carteret, Johnston, Beaufort, and Hyde, shall, by each Sheriff, be, at the usual Time, Annually accounted for, and paid to Mr. Wyriot Ormond, Mr. John Fonville, and
XLVII. And be it further Enacted, That the Trustees aforesaid of the several Districts afore-mentioned, or the Majority of them, the Survivors or Survivor of them, shall have full Power, and are hereby authorized, from Time to Time, to contract and agree with Workmen, and make such Rules and Orders for the more effectual executing of the Trusts by this Act reposed in them, as to them, or the major Part of them, shall be thought necessary and convenient.
XLVIII. And, whereas several Sums of Money have been heretofore levied upon the Tythable Persons of this Province, for defraying the Charge of building Public Offices, which still remain in the Hands of the late Sheriffs, and others who collected and received the same, unapplied: Be it therefore Enacted, That the aforesaid Trustees shall and may demand and receive of all and every Person and Persons having any of the said Monies in their Hands, all such Sum and Sums as were collected from, and paid by the Tythable Persons within the District of the said Trustees respectively; and upon Neglect or Refusal of Payment, by
XLIX. And be it Enacted, by the Authority aforesaid, That all Writs, and other Process at the Common Law, and all Suits, Appeals, and Proceedings whatsoever issued, granted, or prosecuted in the General Court of this Province at New Bern, wherein Judgment hath been entered, or Decree made, or shall be entered or made, before the aforesaid Second Day of March, shall and may be taken Cognizance of by the Supreme Court of Justice, holden at Newbern aforesaid, and the said Court shall and may award Execution or other Proceedings on any such Judgment or Decree, in the same Manner as if such Suit had been originally commenced in the said Court: Any Law or Usage to the contrary thereof, notwithstanding.
L. And be it further Enacted, by the Authority aforesaid, That all and every other Act and Acts, Clause and Clauses, Article and Articles thereof, heretofore made, for or concerning any Matter or Thing whatsoever, within the Purview of this Act, shall henceforth be, and is, and are hereby repealed and made void, as if the same had never been made.
Whereas the Proceedings of the County Courts under the present Regulations are both tedious and Expensive, And their being restrained to take Cognizance of Twenty Pounds Proclamation Only hath by long Experience been found greatly Prejudicial to the Trade and Commerce of this Province For prevention Whereof for the future,
I. Be it Enacted by the Governor Council and Assembly of this Province, And by the Authority of the same, That in every County of this Province a Court Quarterly in every Year shall be held by the Justices thereof at the several respective Places Already Assigned for that purpose, or at such Place or Places as shall be hereafter Lawfully Appointed, upon the Days herein After limited for each County respectively. Which Courts shall be called County Courts, And taken and held to be Courts of Record. And be it further Enacted that every person nominated and Appointed a Justice of Peace before his entering upon and executing the said Office shall publickly in the Court house of his County and On a Court Day take the Oaths Appointed, or which shall be Appointed to be taken by Act of Parliament, take and subscribe the Oath of Abjuration, repeat and subscribe the Test. And shall Also take the following Oath, to-wit:
You shall swear that as a Justice of the Peace in the County of —— in all Articles in the Commission to you directed, you shall do equall Right and Justice to the Poor and to the rich, After your Cunning, Wit and Power and According to Law, And you shall not be of Counsel of any Quarrel hanging before you. You shall not let for Gift or other Causes, but well and Truly you shall do your Office of a Justice of the Peace as well within your
And if any Person Whatsoever shall presume to Execute the Office of a Justice of the Peace without first Qualifying himself in the manner by this Act before required, he shall for every such Offence forfeit & pay One hundred pounds Proclamation Money, One Moiety to His Majesty his Heirs & Successors towards the Support of this Government, and the other moiety to the Informer to be recovered by Action of Debt in any Court wherein the same is cognizable.
II. And be it further enacted by the Authority aforesaid, That the said County Courts shall be constantly held upon the Days hereafter specified for every County Respectively, that is to say, for the County of Craven on the second Tuesday in May, August, November and February.
Carteret on the first Tuesday in March, June, September and December.
Johnston on the first Tuesday in May, August, November and February.
Beaufort on the second Tuesday in March, June, September and December.
Hide on the first Tuesday in March, June, September and December.
Currituck on the third Tuesday in March, June, September and December.
Pasquotank on the fourth Tuesday in March, June, September and December.
Perquimans on the third Monday in April, July, October and January.
Chowan on the first Tuesday in April, July, October & January.
Bertie on the fourth Tuesday in April, July, October and January.
Tyrrill on the first Tuesday in March, June, September & December.
Northampton on the fourth Thursday in May, August, November & February.
Edgecombe on the third Tuesday in May, August, November and February.
Granville on the first Tuesdays in March, June, September and December.
Orange on the second Tuesday in March, June, September & December.
Rowan on the Third Tuesday in April, July, October & January.
Anson on the Fourth Tuesday in April, July, October & January.
New Hanover on the First Tuesday in February, May, August and November.
Bladen on the fourth Tuesday in January, April, July and October.
Duplin on the second Tuesday in January, April, July and October.
Cumberland on the third Tuesday in January, April, July and October.
And Onslow on the first Tuesday in January, April, July and October.
And every Adjournment shall be to the next succeeding Court in Course and not otherwise.
Provided nevertheless, That if the Business of any of the said Courts cannot be determined on the Court Day the Justices may Adjourn from Day to Day untill all Causes, and Controversies then Depending before them shall be heard and Determined, or otherwise Continued in the manner hereinafter directed.
Provided also, That if through sickness or other Inability, badness of Weather or other Accident, it shall so happen that a Sufficient Number of Justices shall not meet for holding the said Courts upon the Days herein
III. And be it further Enacted by the Authority aforesaid, that none of the said Courts, nor Process in any of them Depending, shall be discontinued for or by reason of the Justices failing to Hold Court upon the day by Law appointed But in such Case all Suits, Process, Matters and Things Depending shall Stand Continued, And all Appearances on returns of Process shall be made to the next succeeding Court in Course, in the same Manner as if such succeeding Court had been the same Court to which such Process stood continued, or such Returns or Appearances had been made: And all Recognizances, Bonds, and Obligations for Appearance; And all Returns shall be of the same force and Validity for the Appearance of any Person or Persons at such succeeding Court: And All Summons's for Witnesses as effectual as if the next succeeding Court had been Expressly mentioned therein.
IV. And be it further Enacted by the Authority aforesaid, That the Justices of the said County Courts or any three of them shall and may take Cognizance of and are hereby declared to have full Authority and Jurisdiction to hear and determine all Causes whatsoever at the Common Law within their respective Counties where the Debt, Damages and Cause of Action is above twenty five shillings proclamation and shall not exceed Forty pounds like Money (Actions of Trespass, in Ejectment, Formed on in Descender Remainder and Reverter Perjury and Felony, and such Criminal Causes where the Judgment upon Conviction shall be for the Loss of Life or Member excepted) And all petit Larcenies assaults Batteries and Trespasses Breaches of the peace and other misdemanors of what kind soever of an Inferior Nature, and also all filial portions and Legacies and Distributions of Intestates Estates and other Matters thereto relating for any Sum or Sums whatsoever. And the said Justices of the Peace and every of them at all times during their Continuance in that Office as well within their County Courts as without shall have full power and Authority as amply and as fully to all Intents and Purposes as Justices of the Peace in the Counties of England to preserve maintain and keep the peace within their Respective Counties. And be it further Enacted that the Attorney General is required and Authorized to appoint a Deputy in each County within this Province which said Deputy shall and may Prosecute all Matters Cognizable in the County Court for and in behalf of His Majesty and shall take and receive thirteen shillings and four pence proclamation money on each and every Bill of Indictment found or presentment made in the said Court in which he or his Deputy shall be.
V. And be it further Enacted that the said County Courts respectively shall and they are hereby Authorized and impowered annually between the first day of May and the first day of November to assess and lay such tax on the Tithable persons in their respective Counties as shall be sufficient to Defray the Contingent Charges of the same. Which Tax shall be collected by the Sheriff and paid and Accounted for in the same Manner as Publick and Parish taxes are or shall be by Law directed, And by him accounted and paid to the Court or their Order and all Debts and Demands not exceeding Twenty Five Shillings Proclamation Money are hereby Declared to be cognizable and finally determinable by any one Justice of the Peace who may give Judgment and thereupon Award execution against the
VI. And Be it further Enacted by the Authority aforesaid that it shall be lawfull for any Creditor where his Debt exceeds Twenty Five Shillings Proclamation and is of less Value than Five pounds like money to go before any Justice of the Peace of the County where his Debtor resides, and make Oath how much is Justly due to him, And that he has grounds to suspect that such Debtor intends to remove himself and effects privately out of the County, and thereupon such Justice (having first taken bond and Security as in other cases of attachment) shall Issue an Attachment against the Estate of such Debtor returnable to his next County Court directed to all Sheriffs and Constables within this Province And by Virtue thereof it shall be lawful as well for the Sherif as any Constable of the County where such Attachment shall be obtained as for the Sheriff or any Constable of other Counties to pursue and attach such effects and to make return of such Attachment to the Court where the same shall be returnable, and thereupon such Proceedings shall be had and the Officer Executing the same Observe the same rules and Methods as in other Cases of Attachment directed.
And upon complaint made to a Justice of the Peace that any Person indebted to the Complainant in any sum not exceeding Twenty five shillings Proclamation Money is removing out of the County Privately or so absconds or conceals himself that a Warrant cannot be served upon him it shall be lawful for such Justice taking Bond and Security as aforesaid to Grant an Attachment against the Estate of such Debtor or so much thereof as shall be of value sufficient to satisfy the Debt and Costs of the Party praying such Attachment directed to the Sheriff or any Constable of his County returnable before himself or any other Justice thereof who shall and may proceed thereupon as upon an Attachment returnable to Court.
VII. And be it enacted by the Authority Aforesaid, that any Justice of the Peace shall and may have Power and is hereby Authorized upon Complaint made by any person or Persons for any Matter or Thing Debt or Damage Cognizable in the County Courts of this Province to grant an Original Attachment against the Estate of any Person absconding or Concealing and removing himself out of the County returnable to such Court observing therein the Rules and Restrictions directed for granting Original Attachments returnable to the Supreme Courts and all Sherifs and other Officers shall Execute and Return the same and Observe the rules and Directions appointed to be Observed in executing Attachments returnable to the Supreme Courts. And the like Judgment Recovery Relief Remedy and Proceedings shall be had thereupon as in the like cases is grantable in the said Supreme Courts.
VIII. And be it further enacted by the Authority aforesaid, That all original Process by Writ Summons Petition or any other Manner or Means and all subsequent Process thereupon to bring any Person or Persons to answer to any Action Suit Bill Information or Plaint in any County Court (except Subpoenas to summons Evidences which may be made returnable immediately) shall be Issued and bear Test by the Clerk of every County Court respectively and shall be returnable Two days befor the Sitting of the Court and shall be executed at least three Days before the Day Mentioned therein for the return thereof and if any person Issues any Writ or Process whilst such Court is sitting or within Three days before the Beginning
Provided always that nothing herein Contained shall extend or be construed to invalidate or vacate any Writ Process Warrant or Precept issued by any Justice of the County Courts on any Criminal Prosecution or in his Majesty's behalf but the same may be returnable on any day in the Sitting of the Court And the Proceedings in all Criminal Cases shall be had according to the Laws and Statutes of Great Britain and this Province anything herein Contained to the Contrary Notwithstanding.
IX. And be it further Enacted by the Authority aforesaid, that from and after the second day of March next when any Writ or Process shall issue to take the Body of any Person or Persons to answer unto any Plaintiff in any Civil Action in any County Court the Sheriff shall return therewith a Bond with two sufficient Securities for Double the sum for which the Person shall be held in arrest (Executors Administrators and Persons Sued on Penal Statutes excepted) to the Clerk on or before the first day of Every Court And if the Sheriff shall not return Bail or the Bail so returned shall be found insufficient upon exception taken thereto, then and in such case, the Sheriff shall be taken and stand Bail for the Defendant, and the Plaintiff may proceed in his suit to judgment according to the Rules hereafter mentioned, and on judgement or Recovery may take out Execution against the Defendant or Sheriff or both, Any Law, Usage or Custom to the Contrary notwithstanding.
Provided Always that if the Defendant puts in Bail Befor the time to plead given him by the rules hereafter mentioned is expired then the said Sheriff shall be discharged.
Provided Also that the Sherif may surrender the Defendant in discharge of himself at any time befor final Judgment obtained against the Defendant.
X. And be it further enacted by the Authority Aforesaid That where any Judgement Or Decree shall be Obtained in any County Court for any Debt Damages Portion or Legacy or Proportion of an Intestate's Estate, and the Person against whom such Judgment or decree shall be Obtained shall remove him or herself and Effects or shall reside out of the Limits of the Jurisdiction of such Court, it shall be lawful for the Clerk of the Court where the Judgment was given or Decree made at the request of the party for whom the same was rendered to Issue a Writ of fiere facias capias ad satisfaciendum or other process, under the Test hereinbefore prescribed and to direct the same to the Sheriff or other Officer of any County within this Province where the Defendant or Debtor or his Goods shall be found which said Sheriff or other Officer to whom the same shall be directed is hereby Impowered and Required to serve and execute the same, and shall make return thereof to the Court where the Judgment or decree was given in the same manner as if such Process had Issued from the Supreme Court.
And for better ascertaining what Process may be Issued where the Sherif shall return that the Defendant is not to be found in his Bailiwick, It is hereby Enacted that where any Sherif shall make such Return the Plaintiff or Plaintiffs in any Civil Action may sue out an Attachment against the Estate of such Defendant returnable as is herein befor directed for the return of Original or other subsequent Process thereupon to enforce an appearance or
XI. And be it further enacted by the Authority Aforesaid, That the same Rules, Methods and Proceedings shall be had, kept, used and observed by the said County Courts and Officers in the granting Issuing Executing Returning and Awarding Judgment on Judicial Attachments, and the like Remedy Recovery and Relief against Sherifs and Bail as in like cases is provided by Law in Suits Depending in the Supreme Courts.
And for the regular prosecution and Determination of suits entering up Judgments, and Preservation of the Records, Be it further Enacted by the Authority aforesaid, That the following Rules and Methods shall be Observed, to wit—that the plaintif in any Suit shall file his Declaration on the first Day of the Court or first calling of the Cause in Court & at the same time serve the Defendant or his Attorney with a Copy thereof. That if the Plaintiff fail to file his Declaration or appear and prosecute his Suit, the Defendant may enter a non pros. That the Defendant shall enter his appearance, and file his Plea whether General or Special the first Court, And if he fail so to do, the Plaintiff shall have Judgment, which in Actions of Debt shall be final. Except where the Damages are to be suggested on the Roll, in which Cases and in all others where the Plaintif shall recover in Damages, a Writ of Enquiry shall be executed next Court.
That all Issues whether General or Special shall be tried and Argued the next succeeding Court unless sufficient cause is shewn to such Court why such Cause shall be continued to the next Court.
That all Causes at issue ready For Trial be first heard and Tried. That every Motion in Arrest of Judgment shall be made ore tenus and argued the last day of the same Court the issue is tried. That where any special verdict shall be found, or demurrer to Evidence at the Motion of either Party Time shall be allowed to the next succeeding Court for hearing.
That in every Cause unless brought by Petition If the Plaintif recovers or is non suit or where his Suit shall be dismissed or Judgement passed for the Defendant, the Court shall allow in the Bill of Costs fifteen shillings for an Attorney's Fee if the Party employed one.
That the Clerks of every County Court when any Cause is finally Determined, shall enter all Pleadings and other Matters Relating thereto in a Book to be kept for that Purpose that an entire and Perfect Record may be made up.
And for prevention of Delay and Vexation by Dillatory Pleas, It is hereby further Enacted, That No plea in Abatement shall be received in any Action or Suit unless the Truth thereof be sufficiently shewn to the Court by Affidavit, or otherwise and in all Actions where the Declaration shall plainly set forth sufficient Matters of Substance for the Court to proceed upon the Merits of the Cause the Suit shall not Abate for the want of Form. And that where any Plea in Abatement shall be pleaded in any Action, and upon Argument thereof—the same shall be adjudged insufficient the Plaintiff or plaintifs in such Action shall recover against the Defendant or Defendants full costs to the time of overuling such Plea, Including the Costs of that Court, a Lawyer's fee only Excepted.
XII. And be it further Enacted by the Authority aforesaid, That for the more speedy and easy recovery of small Debts it shall be Lawfull for the Justices of any County Court to hear and determine all Suits brought for any Debt or Demand due by Judgement Bond Obligation or Account for
The Petition shall express whether the Debt arises by Judgement Obligation or other Specialty or by Account, and if by Account the same shall be filed together with the petition.
Upon filing such Petition in the Clerk's office a Summons of Course shall be Issued under the Hand of the Clerk returnable to the next Court a copy of which together with the Petition, and of the Account (where the demand is upon an account) shall be delivered to the Defendant or left at his usual place of Abode Ten Days at least befor the next succeeding Court and the same being returned executed by a sworn Officer on Oath made of the due Service thereof if the Defendant shall not then appear it shall be lawfull for the said Justices to hear and examine into the truth of the Matter complained of, and to determine the Cause upon the Evidence produced, or to dismiss the Petition as to them shall seem Just, and if the Defendant shall appear upon such Summons he shall forthwith put in such Plea or answer thereto as will bring the Matter of Complaint in Issue, and thereupon or if he fails to plead the Court shall instantly proceed to hear and determine the Cause in a summary way upon any such Evidence as shall be given, and shall give Judgment according as the very Right of the Cause and Matter in Law shall appear unto them without Regard to form in the Process Petition or Course of Proceeding so as sufficient Matter be set forth whereupon the Court may give Judgement according to the very Right of the Cause in which Proceedings the Defendant shall have Benefit of all Matters in his Defence that he might have had if he had been sued in the ordinary Forms of Law, and the Court shall not admit of any Delay in the Determination of any such Suit 'till another Court unless good Cause be made Appear for such Delay But where the Penalty of any Bond or Obligation for Debt shall be Five Pounds or upwards and shall be put in suit the same shall be brought and prosecuted at the Common Law and not by Petition altho' part of the Principal be paid before suit brought, and when any Petition shall be filed in less than Ten days befor the Court day next following the filing thereof the Summons thereupon shall be made returnable to the next Court held after the expiration of ten days, and the same being returned executed, or Oath made of the Due Service thereof as aforesaid the Proceedings thereupon at the Return day shall be in like manner as before directed, and that upon every Judgment given upon such Petition if a Lawyer be employed the Clerk shall Tax in the Bill of Costs Seven Shillings and Six Pence for an Attorney's Fees and no more, And for granting appeals from the County Courts to the Supreme Courts of Justice and Obtaining Writes of Error to the said Courts.
XIII. Be it further Enacted by the Authority aforesaid, that when any Person or persons either plaintiff or Defendant shall be Dissatisfied with the Judgment, sentence or Decree, of any County Court, he may pray an appeal from such Judgment Sentence or Decree of such Court to the Supreme Court of the District wherein such County Court is, but before obtaining the same shall enter into Bond with two sufficient securitys for prosecuting
And because it frequently happens that in Issuing Process carrying on the Proceedings and rendering Judgment in the said County Courts there is error to reverse judgment—Be it Enacted that when any Defendant is desirous to prosecute a writ of Error he shall move the County Court where such Suit is Depending to allow a Writ of Error, he first entering Bond as aforementioned, and the Court is hereby impowered and required to allow thereof as if such Writ of Error was then and there produced.
And for carrying on and prosecuting such appeals and Writs of Error be it Enacted by the authority aforesaid that the following Rules and Methods of practice shall be Observed, to-wit: That when any person either Defendant or plaintiff conceives he is Injured by the Judgment sentence or Decree of any County Court, and shall have appealed to the Supreme Court in manner above directed, a Transcript of the Proceedings of the County Courts shall be filed with the Clerk of the Supreme Court fifteen days before the sitting of the Court, and if the Trial in the County Court was of an issue to the Country a trial de novo shall be had, and if on a hearing on a petition for a Filial Portion, or Legacy, or Distribution of an Intestate's Estate other matter thereto relating, a Rehearing at the said Court without notice given by either party And if such transcript of the Proceedings is not filed within the time aforesaid, with the Clerk of the Supreme Court or if the Appellant shall fail to appear and prosecute his appeal Then the Judgment Sentence or Decree of the County Court shall be affirmed and the Appellant shall be adjudged to pay double Costs.
Provided that there shall be Thirty Days between the day of Trial or hearing in the County Court and the next succeeding Supreme Court, But when it so happens that there is not Thirty Days between such Trial or hearing and the Supreme Court such Appeal shall be continued And a Transscript of the Proceedings transmitted to the Supreme Court next afterward.
And where any Defendant will prosecute a Writ of Error he may move the County Court where the trial is had and enter into Bond with Security as before mentioned whereupon a Transcript of the Proceedings shall be filed with the Clerk of the Supreme Court fifteen Days before the Court and the Party prosecuting such Writ of Error shall Assign & file Errors in the First four Days of the Court, and in Case such Defendant shall neglect to file such Writ and Assign Error as above said or shall fail to appear and prosecute the same then the judgment of the County Court shall be affirmed. And the Plaintiff in Error shall be adjudged to pay double Costs Provided that there shall be thirty days between such Motion for Obtaining a Writ of Error and the Time of holding the Supreme Court.
XIV. And be it further Enacted that in every County Court within this Province when an appeal shall be Granted or Writ of Error allowed the Clerk of such Court shall Immediately make up a full & perfect Record of all the Proceedings in such Cause, and shall within Ten days after the adjournment of the Court give an Attested Copy of such Record with a Taxation of all Costs accrued to the Person appealing, or to whom the Writ of Error is allowed and every Clerk neglecting to do the same shall forfeit and pay to the Person intitled to such Attested Copy the sum of Five Pounds Proclamation Money to be recovered by action of Debt Plaint or Information in any Court of Record, and the said Clerk shall also be further liable to an action on the case for all such damages as such person shall sustain for Want thereof.
And for the better Discovery of the truth in any Matters Whatsoever befor the County Courts, Be it enacted by the Authority aforesaid—that the Clerk of every such Court may and he is hereby authorized and required upon the request of either Party to issue one or more summons or summons's for any Person or Persons to attend as Witnesses in any Cause depending befor them directed to the Sheriff or other Officer of the County where such Witness or Witnesses do live or usually reside who is hereby Impowered and required to serve such summons or summons's and the witness or Witnesses thereby summoned bound to appear according to the Tenor thereof, and every Person or Persons so summoned and attending shall have the same allowance and be entitled to the same privileges and Exemptions as Witnesses summoned to the Supreme Court nave or may claim, and on failure to attend according to such summons, shall be liable to the same penalties Fines Forfeitures and Actions as witnesses summoned to attend the said Supreme Court are liable and Subject to in the like cases and shall and may be Proceeded against Accordingly any Law Custom or usage to the contrary notwithstanding.
And where any Witness, is aged, Infirm, or Otherwise, incapable of attending the Court, such Court upon Motion, of either Party, and the Truth thereof appearing, may Grant a Dedimus to take the Examination of such Witnesses in the same Manner and with such Notice as such Commissions may be Issued Executed and Returned in Proceedings in the Supreme Courts.
XV. And be it further Enacted that every Clerk of the County Courts shall have take & receive for the whole fee chargeable for every Petition for Debt or Assumpsit and all the Proceedings therein including a Copy of the Judgment and taxing Costs if required Except the respective Fees for Summoning Witnesses, Entering Attornies for every Order of Continuance and for issuing Execution where any of these Matters happen Seven Shillings and six pence Proclamation Money and no more, and the Sherifs shall and may take and Receive two shillings and eight pence for serving a Coppy of Such Petition and the Summons Issued thereon
XVI. And whereas Many of the Courts of the said Countys are by the Laws now in force Directed and appointed to be held on different days than those by this Act appointed whereby many of the Procedings in such Courts may be discontinued, for Remedy whereof, Be it Enacted by the Authority aforesaid, That no Process in any of the said Courts depending shall be discontinued for or by reason of any such alteration of any of the days Appointed for holding any of the said Courts, But in such Cases all suits process Matters or Things in them Depending shall stand continued, and all appearances on returns of Process shall be made to the days and times by this act appointed, and Recognizances Bonds and Obligations for appearance and all Returns of the same, and all Summonses for Witnesses s effectual as if the Days by this Act Appointed had been expressly Mentioned therein.
XVII. And be it further Enacted by the Authority aforesaid, That so much of an Act entitled An Act to Fix a Place for the seat of Government, and keeping Public Offices for Appointing Circuit Courts, and Defraying the Expence thereof, and also for Establishing the Courts of Justice and Regulating the Proceedings therein, and all and every other Act and Acts Clause and Clauses heretofore made for and concerning any Matter or thing within the Purview of this Act, shall be and are hereby repealed and made Null and Void to all Intents and Purposes.
I. Whereas a just decision of Suits and Controversies in the several Courts of Justice, greatly depends on the Capacity and Integrity of Jurymen:
II. Be it Enacted, by the Governor, Council, and Assembly, That no Person shall be a Juryman, in either of the Supreme Courts of Justice within this Province, who shall not be nominated, summoned, and qualified, as is herein after directed; that is to say, The Justices and Grand Jury of each and every respective County Court shall, and are hereby directed, before every Supreme Court in which Actions arising within such County shall be cognizable, to nominate, alternately, Six discreet Freeholders, to serve on the Grand-Jury, and Six to serve on the Petit-Jury, at such Supreme Court; A List of which Jurors, nominated one half by the Justices, and one half by the Grand-Jury of the County as aforesaid, shall be delivered by the Clerk of each County Court to the Sheriff, who shall, and is hereby required to summon the Persons so nominated to serve as Jurymen at the said Supreme Court; and if any Juryman so summoned shall fail to appear, he shall be fined Three Pounds, unless he can shew sufficient Cause to the next succeeding Court to excuse his Non-appearance, which Fine shall be applied to the Payment of such Jurors as shall attend from the said County, and thereby lessen the County Tax; and it shall and may be lawful for such Supreme Court, to order and direct the Sheriff to summon other Freeholders of the By-standers to serve as Jurymen for either Grand or Petit-Juries; and the Persons so summoned, shall be deemed and held to be Lawful Jurymen; provided that such By-standers as shall be summoned to serve on the Petit Jury shall and may every Day be discharged; and the succeeding Day, and so from Day to Day, during the Continuance of the Court, the Sheriff shall summon of the By-standers so many as shall be necessary; and every Person so summoned of the Bystanders who shall not appear and serve as a Juryman, shall be fined the Sum of Three Pounds, unless he can shew Sufficient Cause, to be admitted by the Court, to be applied as before directed.
III. And that the fines aforesaid may be applied according to the Directions of this Act; Be it Enacted by the Authority aforesaid, That the Fines herein before imposed, shall be levied by the Sheriffs of each respective County wherein each Person shall reside who shall be summoned as a Juryman as is herein directed and shall fail to appear and serve as such, and such Sheriff shall be accountable for the same to the County Court.
IV. And be it further Enacted, by the Authority aforesaid, That the Sheriff of each respective County shall, and he is hereby required, to summon the Freeholders in the List to be delivered to him by the Clerk, at least Ten Days before the sitting of the Supreme Court at which such Freeholders are to attend as Jurors; which he may do personally, or by leaving a Note or Summons in Writing, at the Dwelling-house of such Freeholders so to be nominated as aforesaid.
V. And be it Enacted, by the Authority aforesaid, That the Clerk of each Supreme Court of Justice, shall every Day, during the Continuance of such Court, write the names of all the Petit Jurors appearing, on Scrolls of or Pieces of Paper, which shall be put into a Box, and on every issue in every Suit, where it is not otherwise agreed by Consent, a Child under Ten Years old, in open Court, shall draw out of the said Box, Twelve of the said
VI. Provided also, That if any of the Jurors whose Name shall be drawn as is herein before directed, shall be lawfully challenged, other Scrolls shall be drawn in Manner aforesaid, as Occasion may require, till a compleat Number of Jurors shall appear.
VII. And whereas the attending the Supreme Courts of Justice, will be very expensive to Jurors: For Remedy whereof; Be it Enacted, by the Authority aforesaid, That each and every Juror who shall attend either of the Supreme Courts of Justice, to which he shall be nominated by the Justices of the County Court and Grand Jury where he resides, and summoned in Virtue of this Act, upon producing a Certificate from the Clerk of such Supreme Court, of the Time of his Attendance, to the Court of the County where he resides, shall have and receive Three Shillings, Proclamation Money, for every Days Travelling and Attendance, and an Allowance for his Ferriages, if certified as aforesaid, to be paid out of the County Tax.
VIII. And be it further Enacted, by the Authority aforesaid, That the Sheriff of each respective County within this Province, shall, some Time before the sitting of each respective Court to be held after the Ratification of this Act, summon Twenty-four Grand Jurors, and Twelve Petit Jurors, to attend at the County Court of each respective County; which said Jurors shall appear and give their Attendance accordingly till discharged by the Court; and that there may not be a Default of Jurors, it shall and may be lawful, during the sitting of the said County Court, for the Sheriff, by Order of the Court, to summon of the By-standers, other Jurors to serve on the Petit-Jury, from Day to Day; and on any Day of the said Court the Justices may discharge any of the Jurors who shall have served the preceeding Day.
IX. And be it further Enacted, by the Authority aforesaid, That every Sheriff of each respective County, shall within Ten Days of the sitting of every succeeding County Court, summon Twelve Freeholders to appear and serve as Petit Jurors, and may also, by Order of the Court, summon of the By-standers, from Day to Day, during the sitting of the Court; and every Day the Court may discharge those who have served the preceeding Day, in Manner aforesaid.
X. And whereas the Business of the Quarter-Session in the County Court, does not require such constant Attendance of the Grand Jurors; Be it Enacted by the Authority aforesaid, That the Sheriff shall summon Twenty-four Grand Jurors to attend at the respective County Courts, once in Six Months only, who shall be summoned at least Ten Days before the sitting of the respective Courts at which they are to attend.
XI. And to enforce the Attendance of Jurymen of the County Courts; Be it Enacted, by the Authority aforesaid, That every Person who shall hereafter be summoned in Virtue of this Act, to appear either as a Grand Jury or Petit Jury, at any County Court, and shall fail to appear, or to give his Attendance till discharged by Order of the Court, such Person so failing to appear, or to give his Attendance till discharged, shall be fined Forty Shillings, by the Justices of the County Court; to be applied towards defraying the Charges of the County, and lessening the County Tax; unless he shall shew sufficient Cause to the next succeeding Court for such Failure.
I. Whereas the present, as well as the future Happiness of Mankind, essentially depends on the Knowledge and Practice of true Religion; and a permanent and certain Provision for an Orthodox Clergy, may conduce to the Encouragement of pious and learned Ministers of the Gospel, to settle and reside in the several Parishes in this Province, to the Advancement of the Protestant Religion, and Encouragement of Vertue and Morality:
II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That this Government be, and it is hereby divided into distinct Parishes, in the Manner following; That is to say, St. Paul's Parish, in Chowan County: Berkley Parish, in Perquimons County: St. John's Parish, on the South West Side of Pasquotank River, and St. Peter's Parish, on the North-East Side of Pasquotank River, in Pasquotank County: Currituck Parish, in Currituck County: Society Parish, in Bertie County; St. Andrew's Parish in Tyrell County: St. Thomas's Parish, in Beaufort County: St. George's Parish in Hyde County: North-West Parish, in Northampton County: St. John's Parish, in Granville County: St. Matthew's Parish, in Orange County: St. Luke's Parish, in Rowan County: St. David's Parish, in Cumberland County: St. Gabriel's Parish, in Duplin County: St. George's Parish, in Anson County; Edgecombe Parish, in Edgecombe County: St. Martin's Parish, in Bladen County: St. James Parish, on the East Side of Cape-Fear River: And St. Philip's Parish, on the West Side of Cape Fear River, from the Mouth of the said River, running up the North-West River, to the Bounds of the County, inclusive, of the Island at the Mouth of the North-West and North-East Rivers, commonly called Eagle's Island, in New Hanover County: St. Patrick's Parish, in Johnston County: Christ-Church Parish, in Craven County: St. John's Parish, in Onslow County, and St. John's Parish, in Carteret County.
III. And be it further Enacted, by the Authority aforesaid, That the Freeholders of each respective Parish aforesaid, shall, and they are hereby impowered and directed to meet on the first Monday after the Tenth Day of June next after the Ratification of this Act, at the Court-house or Place where the County Court in each respective County aforesaid is or shall be held, or at the usual Place of electing Vestrymen, and on Easter-Monday every Third Year thereafter, then and there to choose and elect Twelve Freeholders to serve as Vestrymen for the Three Years next ensuing; which Vestrymen so chosen, shall, by the Sheriff or his Deputy, in each of the said Parishes respectively, be summoned to meet at the church, and where there is no Church, at the Court-house or Place where the County Court is or shall be held, within Forty Days next after such Choice, to qualify themselves according to the direction of this Act; and if the said Sheriff by himself or Deputy, shall neglect or refuse to summon the Vestry as aforesaid, he shall forfeit and pay the Sum of Twenty Shillings, Proclamation Money, for each and every Vestryman not summoned as aforesaid, who shall reside within his District; to be levied and applied as herein after directed.
IV. And be it Enacted, by the Authority aforesaid, That every Sheriff or his Deputy, one Month at least before the Election of Vestrymen for the Parish or Parishes within his County, shall give Notice in Writing to the Minister, and every Clerk and Reader within the Parish where such Election is to be held, of the Time and Place appointed for such Election; and the
V. And that the Election may be made in a fair open Manner Be it Enacted, by the Authority aforesaid, That at all Elections of Vestrymen hereafter to be made the Sheriff of the County or his Deputy, shall attend at the Court-house of the County or Place where the County Court is held, or usual Place of electing Vestrymen, and there take the Votes in the following manner: that is to say, He shall open the Poll at Ten o'Clock, in the Forenoon, and after Proclamation to the Freeholders to come and give their Votes for Vestrymen, shall take a List of the Names of the Voters who shall give their Suffrage, which shall be for neither more nor less than Twelve, and the Votes shall be given openly, and the Poll kept open till Sun-set, unless the Majority of the Freeholders there present shall agree to have it closed sooner; and the Sheriff shall then cast up the Number of Votes given for each Candidate, and declare the Twelve who shall have the greatest Number of Suffrages to be duly elected; and in Case of an Equality of Votes among any of the Candidates the Sheriff shall have the casting vote, and in no other Case give his Vote.
VI. And to prevent Disputes concerning who shall be understood to be a Freeholder; Be it further Enacted, That no Person who hath not an Estate Real, for his own Life, or the Life of some other Person, or an Estate of greater Dignity, in Fifty Acres of Land in the Parish for which such Election shall be made, shall be deemed a Freeholder within the Meaning of this Act; and any one of the Candidates may, in Case he suspects any Person going to give his vote, hath not a Freehold within the Meaning of this Act, object to such Person giving his Vote, and require the Sheriff to tender him an Oath or Affirmation concerning his Qualification; which Oath or Affirmation, the Sheriff is hereby impowered and directed to administer, in the following words, to-wit: You shall swear (or affirm), That you have been possessed of a Freehold of Fifty Acres of Land for Three Months past, in your own Right, in the Parish of ——, and that you have not given your Vote before in this Election. So help you God.
VII. And be it further Enacted, That no Person under the Age of Twentyone Years, shall give his Vote for the Election of Vestrymen in any Parish.
VIII. And to enforce the Attendance of the Freeholders at all future Elections of Vestrymen; Be it further Enacted, That every Person qualified to Vote for Vestrymen in the several and respective Parishes, shall, and he is hereby required, duly to attend and give his Vote at all future Elections, at the Time, and in the Manner as is herein before directed, unless prevented by some bodily Infirmity, or legal disability; under the Penalty of Twenty Shillings Proclamation Money: To be recovered by Warrant from any Magistrate within the County.
IX. And be it further Enacted, That if any Person shall hereafter, at an Election of Vestrymen, give his Vote, who is not possessed, in his own Right, of an Estate for Life, or an Estate of higher Dignity, of Fifty Acres of Land in the Parish for the Vestrymen of which he shall give his Vote; such Person shall forfeit Five Pounds, Proclamation Money; To be recovered
X. And be it further Enacted, by the Authority aforesaid, That no Person shall be admitted to be of any Vestry within this Government, that doth not, within Forty Days after his being chosen by the Freeholders as is before directed, take the Oaths by Law appointed for the Qualification of Public Officers, and repeat and subscribe the following Declaration, to-wit: I, A. B., do declare, That I will conform to the Liturgy of the Church of England, as it is by Law established. And all and every Person chosen and summoned as is hereinbefore directed, who shall refuse or neglect to do the same, shall, if he be not a Dissenter from the Church of England, forfeit and pay the Sum of Forty Shillings Proclamation Money; to be levied and applied as is herein after directed; and if any Person or Persons chosen as is hereinbefore directed, shall neglect or refuse to make and subscribe the said Declaration, the other Persons chosen as aforesaid, or the Majority of them, shall and may, after their having taken the Oaths, and repeated and subscribed the aforesaid Declaration, elect and choose another or other Freeholder or Freeholders in Place of him or them which shall so refuse or neglect to take the Oaths aforesaid, or to repeat and subscribe the said Declaration; and such Person or Persons as shall be chosen and elected by the Vestrymen in Manner aforesaid, shall, after his or their taking the Oaths, and repeating the Declaration aforesaid, be deemed and held to be legal Vestrymen, to all Intents and Purposes, as if they had been elected and chosen by the Freeholders of the County.
XI. And be it further Enacted, by the Authority aforesaid, That the Vestrymen of each and every Parish respectively, or a Majority of them, shall, and they are hereby directed, within Sixty Days after Easter-Monday, Yearly, to elect and choose out of the said Vestry, Two Persons to execute the Office of Churchwardens in each and every respective Parish; and if the Persons elected Church-wardens as aforesaid, or either of them shall refuse to execute the said. Office, he or they so refusing, shall forfeit and Pay Forty Shillings Proclamation Money, to be levied and applied as is herein after directed; and the Vestry shall immediately proceed to choose, in the Room of him or them who refuse to execute the said Office, another or other Churchwarden or Churchwardens out of the said Vestrymen: Provided, that no Person whatsoever shall be obliged to serve as Churchwarden in any Parish for more than One Year, at the expiration of which, the Vestry shall again choose another to succeed him; and the Churchwardens of every Parish shall purchase, at the Expence of the Parish, Books well bound in Vellum, for keeping therein a Journal and Register of all Proceedings of the Vestry, in which shall be fairly stated, the Accounts of all such Monies as they, from Time to Time, shall receive in Virtue of their Office, and all Disbursements and Expences made on Account of the Parish; and within Ninety Days after their Wardenship shall expire, set up, in the Court-house of their County, on a Court Day, and continue the same during the sitting of such Court, fair Copies of such Accounts, for Inspection of the Parishoners.
XII. And be it further Enacted, by the Authority aforesaid, That the Churchwardens, or in Case they refuse or neglect, any Three or more of the Vestry in each Parish respectively, shall have full Power and Authority to call the Vestry together at any Time, and upon any Occasion they shall
XIII. And be it further Enacted, by the Authority aforesaid, That the Vestries of the several Parishes, shall have full Power and Authority, upon the Death or Removal out of their respective Parishes of any Churchwarden or Churchwardens before the Time limited for the executing the said Office is expired, to elect and choose, out of the Vestry, another Churchwarden or Churchwardens, in the Room and Stead of the Person or Persons so dead or removed out of the Parish aforesaid; which Churchwarden or Churchwardens so elected, shall serve until the Time appointed by this Act for the Election of Churchwardens.
XIV. And be it further Enacted, by the Authority aforesaid, That the Vestry of each respective Parish, shall have full Power and Authority, and they are hereby directed and required, between Easter Monday, and the First Day of November, Yearly to lay such a Poll-Tax as they shall judge necessary, for purchasing Glebes, and satisfying the Expence of their respective Parishes.
XV. And for the better collection and paying the said Tax; Be it further Enacted, by the Authority aforesaid, That the Vestry of each respective Parish shall, and is hereby authorized and impowered to nominate and appoint such Person as they shall think fit, by the Name of the Collector of the Parish Taxes, to collect and receive The aforesaid Tax, the Person appointed giving Bond, with sufficient Security, that he will duly collect and receive the said Tax, and pay and satisfy unto the Creditors of the Parish, all Taxes levied for such Purpose, and the Overplus (if any), to the Vestry, or their Sucessors, for the Use of the Parish; which Tax shall be collected at the Time and in the Manner that Public Taxes ought by Law to be collected; and shall be allowed Five Per Cent. for his Trouble, and have full Power and Authority, by Virtue of this Act, upon Neglect or Refusal of Payment of the said Tax, or any Part thereof, by any Person or Persons chargeable therewith, to distrain the Goods and Chatttels of the Party refusing or neglecting; and if the Owner thereof shall not pay what is due, within Five Days after such Distress, such Collector may and shall lawfully sell, by Auction the Goods so distrained, or so much thereof as shall be sufficient to satisfy the said Tax, and the Charges of Distress and Sale, returning the Overplus (if any), to the Owner; but shall give Notice of the Sale, by setting up an Advertisement in Writing; at the Church Door in the Parish, or at the most Public Place of Worship where there is no Church, and by publishing the same among the People immediately after Divine Service, on the next Sunday after the Expiration of the said Five Days; which Sale shall not be more than Three Days, nor less than Six Days after Notice so given, and shall be good and effectual in Law against all Persons whatsoever. And if the Vestry of any Parish shall neglect or refuse to lay a sufficient Tax to satisfy the Parish Creditors, in such Case, all and every the Vestrymen of the Parish neglecting or refusing, shall be
XVI. And be it further Enacted, by the Authority aforesaid, That in every Parish in this Province, where a good and convenient Glebe is not already purchased and appropriated, a good convenient Tract of Land, to contain Two Hundred Acres at least, shall be purchased by the Vestry, and assigned and set apart for a Glebe, for the Use of the Minister of such Parish, and his Successors in all Times hereafter.
XVII. And where Mansion and convenient Outhouses are not already erected, for the Habitation of the Minister; It is hereby Enacted, That the Vestry of every such Parish shall have Power, and they are hereby authorized and required, to cause to be erected and built on such Glebe, One convenient Mansion-house, Kitchen, Barn, Stable, Dairy and Meet-house, with such other Convenience as they shall think fit.
XVIII. And to the End that the Buildings already erected, or hereafter to be erected upon every Glebe, may be kept in good Repair; It is hereby further Enacted, That every Parish Minister within this Province, shall, during the Time of his being Minister of the Parish, keep and maintain the Mansion-house, and the Out-houses and Conveniences, erected, or to be erected on his Glebe, in tenantable Repair, and shall so leave the same at his Removal from the Parish, or Death (Accidents by Fire or Tempest only excepted), and in Case any Minister shall fail to do so, such Minister, his Executors or Administrators, shall be liable to the Action of the Churchwardens of the Parish for the Time being, wherein the Value of such Repairs shall be recovered, and Damages, with Costs of Suit; and the Damages so recovered, shall be applied and laid out in necessary Repairs upon the Glebe: And every Vestry of a vacant Parish, is hereby impowered and required, to put all the Buildings upon the Glebe of their Parish into such good and sufficient Repair, that they may be fit for the Reception of the succeeding Minister. Provided nevertheless, That any Vestry who shall judge that the Minister has not wilfully committed any waste on his Glebe, may make such necessary Repairs, at the Charge of their Parish, as they shall think fit.
XIX. And to the End that the Clergy may have a decent and comfortable Maintenance and Support, without being obliged to follow any other Employment than that of their Holy Function, in the Cure of their respective Parishes; Be it Enacted, by the Authority aforesaid, That every Minister hereafter to be preferred to, or received into any Parish within this Province, shall have and receive an Annual Salary of Eighty Pounds Proclamation Money; to be levied, assessed, and collected, and paid in Manner herein before directed. Provided always, That no Vestry shall, at any Time make Presentation to any Parish, of a Missionary, whose Duty requires him at any Time to be absent from such Parish; unless such Missionary shall agree with the Vestry for such Yearly Salary as they shall think fit and reasonable, considering the Time his Duty will require him to be absent: And whatever Agreement shall be so made between the Vestry and Minister, shall be binding on such Minister, during the Continuance of such Mission; any Thing herein contained to the contrary, notwithstanding.
XX. And be it further Enacted, by the Authority aforesaid, That the Right of Presentation of a Minister to each respective Parish within this Province, shall be and remain in the Vestry of each respective Parish, for and during the Space of Twelve Months after a Vacancy shall happen in
XXI. And be it further Enacted, That any Minister of a Parish who shall be guilty of any notorious Immorality, in Disgrace of his Function, and to the Scandal of Religion, on Conviction thereof before the Supreme Court of Justice, wherein Actions arising in such Parish shall be triable, shall lose his Salary and Dues, which he would otherwise be entitled to; and such Parish shall be held and deemed vacant, and the Vestry impowered to make Presentation of another, in the same Manner as if the Minister so convicted had been naturally dead.
XXII. And be it further Enacted, by the Authority aforesaid, That the Minister of each respective Parish, shall be obliged to officiate in such Parts of the Parish, and at such Times as the Vestry or a Majority of them shall direct at the Time he shall be received into his Parish; and in Case of Failure, it shall be lawful for them to withdraw his Salary, unless other Places shall be afterwards agreed on between such Vestry and Minister; and the Vestry, in Case of such Failure, may, and are hereby impowered to make Presentation of another Minister to such Parish as is herein before directed to be done in vacant Parishes.
XXIII. And be it further Enacted, by the Authority aforesaid, That the Vestry of every Parish shall have full Power to call every Justice of the Peace, or other Person or Persons whatsoever, to Account, on Oath, and pay to them the Monies in the Hands of him or them belonging to their respective Parishes, or accruing or becoming due to the same, by Virtue of the Laws of this Province; and if any Justice or Justices, or other Person or Persons, shall refuse to appear and account as aforesaid, he or they so neglecting, shall forfeit and pay Twenty Pounds, Proclamation Money: To be recovered by the Churchwardens of the Parish for the Time being, where such Money shall become due, by Action of Debt, Bill, Plaint, or Information, in any Court of Record; wherein no Essoign, Protection, Injunction, or Wager of Law, shall be allowed; and to be applied to the Use of the Parish: And where any Suit shall be brought by the Churchwardens, and the Money shall not be by them recovered and received before the Expiration of their Office, the Suit shall be carried on to Execution by the succeeding Churchwardens, in the Name of their Predecessors, who brought such Suit, and shall be received by such succeeding Churchwardens to the Use of the Parish: Provided, that nothing in this Act shall be construed to repeal any Clause, Matter, or Thing, in an Act of Assembly, intituled,
XXIV. And be it further Enacted, by the Authority aforesaid, That the several Sums of Money arising and becoming due, by Reason of the Forfeitures and Penalties by this Act inflicted; and for which no Method of Recovery or Application is before directed in this Act, shall be levied within one Week after they shall become due, by Warrant of Distress from any Two of his Majesty's Justices of the Peace within the County where the said Penalty or Forfeiture shall be incurred, and by Sale of the Defendant's Goods, returning the Overplus (if any), to the Owner; and the Money so levied shall be paid to the Churchwardens, for the Use of the Parish.
XXV. And be it further Enacted, That all and every other Act and Acts, and every Clause and Article thereof, or so much thereof (except as before excepted), heretofore made, so far as they relate to any Matter or Thing contained within the Purview of this Act, is, and are hereby repealed and made void, to all Intents and Purposes, as if the same had never been made.
XXVI. And be it further Enacted, by the Authority aforesaid, That this Act shall commence, and be in Force, from and after the first Day of June next; and that all Acts heretofore legally made and done by Vestries, heretofore chosen and qualified agreeable to the Laws of this Province, are hereby declared to be as good and valid, as if this Act had never been made.
I. Whereas from the Imperfect manner of registering & recording Patents Grants & mesne Conveyances heretofore used in the several Publick Offices a compleat Rent roll of the Lands held by ye several Freeholders in this Province cannot at present be had by which the payments of Quit Rents due to His Majesty and the Earl Granville have been greatly retarded and many litigous Suits concerning disputed Titles have arisen thereby wherefore for the more easy and speedy collecting the Quit Rents now due or which hereafter shall become due to His Majesty & his Heirs & Successors and to the said Earl Granville his heirs & Assigns and to secure the property and possession of the Lands to the true and rightful owners thereof, We pray your Most Excellent Majesty that it may be Enacted, And Be it Enacted by the Governor Council and Assembly And by the Authority of the same that every person seized or possessed of any lands in the part of this Province the property whereof is in His Majesty shall within twelve months after His Majesty's approbation of this Act publickly signified by the Governor or Commander in Chief for the time being and published by the several Sheriffs of the respective Counties at his Election tender to be recorded the Patent Grant or mesne Conveyance by which he she or they hold any part or parcell of Land either in the Clerks office of the County Court wherein the same lies or in the office of the Auditor General or his Deputy in Case the same shall not heretofore have been recorded or enrolled. And ye Auditor or his Deputy shall have and receive two shillings & eight pence for every Patent Grant or mesne Conveyance so to be recorded in his office and the Clerk the same sum for
II. And be it further Enacted by the Authority aforesaid That any person seized or possessed of any Lands in that part of the Province granted by His Majesty on the seventeenth day of September in the Eighteenth year of his Reign to the Earl Granville by the name stile & title of the Right Honorable John Lord Carteret shall tender to be recorded the Patent Grant or mesne Conveyance by which he, she or they hold any tract or parcel of Land in Earl Granville's office or in the Office of the Clerk of the County Court wherein the same lies unless the same shall have been before recorded or enrolled. And for every Patent, Grant or Mesne Conveyance so to be recorded the Clerk of the County Court shall have & receive the sum of two shillings & eight pence and shall transmit to the office of Earl Granville an abstract of all such Patent, Grants & mesne conveyances as shall be tendered to him to be recorded under the penalty of five pounds to be recovered by Action of Debt in any Court of Record one half to the use of Earl Granville, his Heirs and Assigns, and the other half to the use of such person as shall sue for the same.
III. And be it further Enacted by the Authority aforesaid, That every person who shall refuse or neglect to tender to be recorded any Patent, Grant or mesne Conveyance which by Virtue of this Act ought to be recorded as hereinbefore directed shall forfeit and pay ten pounds proclamation money for every patent, grant or mesne conveyance which he, she or they shall so neglect, or refuse to tender to be recorded to be recovered by Action of Debt in any Court of Record wherein no Essoign, Protection or Wager of Law shall be allowed one half to the use of his Majesty, his Heirs & successors, and the other half to the use of such person as will sue for the same if the said neglect shall be in that part of this Province, the Property whereof is in his Majesty or one half to the use of Earl Granville, his Heirs & Assigns, and the other half to the use of such person as shall sue for the same if the neglect be in that part of the Province granted by his Majesty to Earl Granville as is hereinbefore mentioned excepting the neglect of minors and persons out of the province, who shall be allowed twelve months after their arriving to full age or coming into the Province to tender their Patents, Grants or mesne Conveyances to be recorded in either of the offices hereinbefore mentioned as the case may require. And for compleating a Rent Roll yearly to his Majesty and the Earl Granville and that it may be known what Lands from time to time hereafter shall be transferred by Will or mesne conveyance from one person to another.
IV. Be it Enacted by the Authority aforesaid, That the Register in every County within this Province shall on or before the first day of January yearly, transmit to the office of his Majesty's Auditor General, or his Deputy or to the Agent or Agents of Earl Granville if the Lands lie in that part of the Province granted by his Majesty to the said Earl an abstract of all Deeds and mesne conveyances annually registered in his County which abstract is to contain the names of the parties, the Date of the deed, the number of Acres, and Situation of the Lands, under the penalty of five pounds for each neglect to be recovered by action of Debt, bill, plaint, or
V. And be it further Enacted by the Authority aforesaid, That the Secretary for the time being, or his Deputy shall on or before the first day of January yearly transmit to the office of the Auditor General, or his Deputy, or to the Agents of Earl Granville if the lands lie in that part of the Province granted by his Majesty to the said Earl an Abstract of all Wills recorded in the Secretary's office containing the date of each with the name or Names of the Devisors and Devisees, the number of Acres and County where the lands devised lie under the like penalty and to be recovered as the penalty hereinbefore last mentioned for which the Secretary shall take for every Will lodged in his Office eight pence; and whereas, several persons who have been several years in quiet and peaceable possession of Land for which patents have hereto been made out and have by fire or otherwise lost the grants, Patents, or Deeds under which they held the same,
VI. Be it enacted by the authority aforesaid, That all and every person and persons and those claiming under him, or them, who have been in quiet & peaceable possession of any tract or tracts of Land for the space of twenty years next before the Commencement of this Act and hath made or shall make proof thereof before the Governor and Council, or either of the Supreme Courts or County Court where the land lies, such person or persons shall be deemed & held the Lawfull & rightful Owner or Owners of such Lands and shall be subject to such Quit Rents as shall have been theretofore paid for the same Lands and where no Quit Rents have been paid shall pay the arrears & accruing Quit Rents at the rate of four shillings proclamation money per annum, for every Hundred Acres of the said Lands. And such person or persons, his, her or their heirs & assigns, shall quietly and peaceably hold & enjoy the same against all persons whatsoever.
VII. And whereas, for want of proper offices and due attendance of the offices many deeds & Writings made for Lands bona fide purchased & paid for, have not been proved and Registered in due time, Be it further Enacted by the authority aforesaid, That all Deeds and mesne Conveyances which now are or within twelve months after the commencement of this Act shall be proved and registered in the County wherein the same lies, such Deeds & mesne Conveyances shall be as good & valid in Law as if the same at any time heretofore had been proved & registered.
VIII. And whereas, many original Wills, Patents and Deeds have been lost for want of convenient offices to keep the same; Be it further enacted by the Authority aforesaid, That all Copies of Wills, Patents & Deeds heretofore made, issued & executed and attested by the Secretary, or his Deputy, the Clerk of the County Court, County Register, or other proper Officer, shall in all cases be deemed & held to be good & sufficient evidence in Law as if the original Wills, Patents or Deeds, themselves were produced in evidence & all Courts & Judges are hereby required & directed to receive & admit such copies so attested accordingly.
IX. And whereas, through the Ignorance of former Surveyors, some persons have more and others less Land than is mentioned in their Patents, wherefore to prevent Disputes & Inconviences which otherwise might happen; Be it further enacted by the Authority aforesaid, That any person who suspects another to hold a larger Quantity of Lands within the Bounds
X. And be it further Enacted by the Authority aforesaid, That if upon resurveying of any Lands the Quantity shall not amount to so much as is mentioned in the Patent for such Lands an abatement shall be made of the Quit Rents in proportion to the Deficiency, and the person who shall give notice to the owner thereof to resurvey the same shall pay to him the expence of such resurvey to be recovered by a Warrant from two Justices of any County within the Province.
XI. And be it further Enacted by the Authority aforesaid, That if the owner of any Land after Notice given to resurvey in manner herein before directed shall neglect to do the same by the time hereinbefore limited for that purpose it shall be lawful for the person who shall give such Notice to resurvey the same and take out a Patent or Grant for such Surplus Land in his own Name to be admeasured & set off in such part of the Land as the patentee or grantee, his Heirs and assigns shall appoint. Provided, that no resurvey shall be demanded or had on the Lands of Infants or persons out of the Province until the time of their attaining to full age or coming into the province; anything herein contained to the contrary notwithstanding.
XII. And that all resurveys may be justly & impartially made, Be it further Enacted by ye Authority aforesaid, That every Resurvey hereafter to be made in any part of this Province shall be made by His Majesty's Surveyor General or his Deputy, if the Land lies to the Southward of Earl Granville's Line or by Warrant from the Agent of the Right Honorble. the Earl of Granville, if the Land lies in his Lordship's District, who shall deliver to the party, who shall give notice and him to whom notice shall be given to resurvey his Land a fair plot and Certificate of every tract or parcel of Land he shall resurvey.
XIII. And be it further Enacted by the Authority aforesaid, That no resurvey shall be made by virtue of this Act without Chain Carriers to be paid by the party Demanding the survey and sworn to measure justly & exactly to the best of their knowledge and to deliver a true account to the Surveyor General or Deputy Surveyor, or his Lordship's Agent, as the case may be, which Oath the Surveyor General and every of his Deputies or the Lordship's Surveyors, is hereby authorized and required to administer in such Cases.
XIV. And whereas, there is not Silver & Gold in this Province where-with
XV. Be it Enacted by the Authority aforesaid, that all & every person or persons who have purchased or hereafter shall purchase any lands from any person or persons holding by patent, grant or deed under his Majesty, or Earl Granville shall be liable to pay all Quit Rents in arrear and all accruing Quit Rents for the Land so purchased and may be sued and distrained for the same in such manner as the person or persons from whom such purchase is, or shall be made, would have been liable in case such purchase had not been made.
XVI. And be it further Enacted by the Authority aforesaid, That where any person or persons shall hold Lands under his Majesty or the Earl Granville and shall fail to pay the Quit Rents due for the same it shall be Lawful for the Sheriff or such other person as shall be Lawfully authorized by Warrant of Distress to Distrain any Slaves, Goods and Chattels, which shall be found on the Land or in the possession of the person so indebted or failing to pay notwithstanding such Slaves, Goods and Chattels shall be comprized in any Deed of Mortgage, and if the Quit Rents shall not be paid nor the said Slaves, Goods or Chattles replevyed within five days after such Distress such Sheriff, or other person so authorized as aforesaid shall & may Lawfully sell by auction ye Slaves, Goods and Chattels distrained or so much thereof as shall be sufficient to satisfy the said Quit Rents and the Charges of Distress & Sale But shall give Notice by Advertisement of the Day and Place of sale at the Court House of the County where such Distress shall be made and also at the Church Door or most publick place of worship in the Parish where the same distress shall be made and by publishing the same among the people immediately after Divine Service on the next Sunday after the expiration of the said five days which sale shall not be in less than three nor more than six Days after notice so given and shall be good and effectual in Law. Provided, That no sheriff or other Person, authorized as herein before mentioned shall at any time make or take unreasonable Distress, or seize or Distrain the Slave or Slaves of any Person for Quit Rents if other sufficient Distress can be had upon penalty of being liable to the action of the party grieved grounded on this Act wherein the plaintiff shall recover his full Costs although the Damages do not exceed twenty-five shillings.
XVII. And be it further enacted by the Authority aforesaid, That every sheriff or other person who shall be lawfully authorized to Distrain for Quit Rents shall within one month after making such Distress pay into the
Whereas, there is not at present a sufficient Fund for paying the Salarys of the Chief Justice and Attorney-General for their attending the Supreme Courts of Justice nor a Sufficient provisions of raising the allowance to the members of His Majesty's Council and the Members of the Assembly,
I. Be it Enacted by the Governor, Council and Assembly that an annual Poll Tax of one Shill'g & Six Pence Proclamation money be levyed on each Taxable Person within this Province for and during the space of four years from and after the tenth Day of June next after the Ratification of this Act, and no longer; which Tax shall be collected and paid as publick Taxes by Law are payable, and shall by the Sheriffs be paid into the hands of the Treasurers of the respective Districts by the tenth Day of June in each year during the Continuance of the said Tax, under the like penalties as are inflicted on the Sherif in other cases for not accounting and paying publick Taxes.
II. And be it further Enacted by the Authority aforesaid, That the said Tax shall be applied to the payment of the Salarys allowed by Act of Assembly to the Chief Justice and Attorney-General and to paying the claims of persons to whom the publick is or shall be indebted, and for the Allowance to the Members of His Majesty's Council and the Members of Assembly for their publick services in attending General Assembly, and for and towards defraying the Contingent Charges of Government.
And whereas, the sum of two thousand eight hundred Pounds was appropriated for & toward the Contingent Charges of Government by an Act pass'd in the year 1754, Intitled “An Act for Granting to His Majesty the sum of Forty Thousand Pounds in Publick Bills of Credit at the rate of Proclamation Money, to be apply'd toward Defraying the Expence of Raising and Subsisting the Forces for his Majesty's Service in this Province, to be sent to the assistance of his Majesty's Colony of Virginia & for other Purposes therein Mentioned,” Under Certain Restrictions in the said Act Mentioned; And Whereas, it is absolutely necessary for His Majesty's Service and for the support of the Credit of this Province that the said Sum of Two thousand Eight Hundred Pounds shou'd be immediately Issued for the Contingent Charges of Government, there being at present no Money in the Publick Treasury for that purpose,
III. Be it therefore Enacted by the Authority aforesaid, That the said sum of Two. Thousand Eight Hundred Pounds shall be Immediately Issued by the Public Treasurer for the uses and purposes in this Act Mentioned and shall be repleased by the Tax herein before Imposed, and reseaved in the hands of the Public Treasurer until his Majesty's Roayal Approbation of the Before recited Act shall be obtained.
IV. And be further Enacted by the Authority aforesaid, That all publick taxes shall annually be paid to the Sherif by the first day of May, and be accounted for by the Sherifs of each respective County and by them paid to
Whereas, many of the Youth of this Province, and others, who have no visible Estates, or Employments, stroll from one County to another, neglecting to labour, and by their idle and disorderly Manner of living are burthensome to the honest and industrious Planters, may be useful, if inlisted in his Majesty's Service;
I. Be it therefore Enacted by the Governor, Council and Assembly, and it is hereby Enacted by the Authority of the same, That all able-bodied Persons of the Age of Twenty-one Years, and not exceeding Fifty Years old, not having wherewithal to maintain themselves, who shall be found loitering and neglecting to labour for Wages; all persons who run from their Habitations and leave Wives or Children without suitable Subsistance, and other idle dissolute Persons wandering abroad, without betaking themselves to some lawful Employment or honest labour; shall be deemed and are hereby declared to be Vagrants.
II. And be it further Enacted, by the Authority aforesaid, That any Two Justices of the Peace, upon Complaint to them made, by any Officer appointed by the Governor or Commander-in-Chief for the Time being, to raise and inlist Recruits to serve his Majesty in the intended Expedition against the French on Ohio, or in guarding the Frontiers of this Province, that any such Vagrant is wandering or loitering in any County or Parish within this Province, shall, and they are hereby required, by Warrant, directed to any Sheriff or Constable of their County, to cause such Vagrant to come before them, and to examine and inform them, by the Oath and Examination of the Person apprehended, as well as of any other Person or Persons (which Oath or Oaths, such Justices are hereby impowered to administer,) and by any other Ways or Means they shall think proper, of the Condition and Circumstances of the Person apprehended; and if it shall appear that he is under the description of Vagrants within this Act, the said Justices shall, by Warrant, order and direct him to be conveyed by the Sheriff, or from Constable to Constable, under a proper Guard if necessary, until he be delivered to such Officer; and such vagrant, from the Time of being so delivered, shall be held and deemed to be inlisted in his Majesty's Service, and shall be intitled to the same pay, and be subject to the same Discipline, Pains and Penalties, and be clothed and provided for in the same Manner as those who shall inlist voluntary in the same Service.
III. And be it further Enacted, by the Authority aforesaid, That every Person inlisted to serve his Majesty in the intended Expedition aforesaid, or to guard the Frontier of this Province, who shall be wounded in the said Service, shall be cured, and if rendered unable to gain a Livelihood by Labour, shall have suitable Provision made for him by the Public.
IV. And be it further Enacted, by the Authority aforesaid, That this Act shall continue and be in Force until the Tenth Day of November, which shall be in the Year of our Lord One Thousand Seven Hundred and Fifty-Six, and no longer.
Whereas, the Court-house in Perquimons County is now situated on Phelps's Point, on the West Side of Perquimons River, and the Inhabitants on the East Side of the said River are obliged to attend at the said Courthouse during the sitting of the Court, the Election of Members of Assembly and Vestrymen for the said County, are at the Expence of Ferriage in passing and repassing the said River, when the Inhabitants on the West Side of the said River are not liable to that Expense; For Remedy whereof for the Future,
I. Be it Enacted by the Governor, Council and Assembly, That the Justices of the said County, or the Majority of them, assembled in Court, are hereby authorized, impowered and required, Yearly, and every Year, at the next Court to be held for the said County, after the first day of May, to lay a Tax, not exceeding Two Pence, Proclamation Money, on each Taxable Person in the said County, to be collected and accounted for with the Justices of the said County, by the Sheriff of the said County, as other Taxes of the said County are to be collected and accounted for, and under the like Penalties and Forfeitures; to be by them applied and appropriated, as a Premium or Reward to the several Ferrymen now appointed, or hereafter to be appointed by the Court of the said County, to keep a Ferry from Newbey's Point to Phelps's Point, and from the said Court-house; for which they shall, and are hereby obliged, to set over, Ferriage free, all Persons resident in the said County, going to and returning from the said Court, the Election of Burgesses, and Vestrymen, and Musters of the said Court.
II. And be it further Enacted, by the Authority aforesaid, That the Justices of the said County are hereby authorized, impowered and required, out of the Monies arising by the Tax so laid and collected as aforesaid, Yearly, and every Year, to allow and pay to the several Ferrymen attending at the Ferry aforesaid, such sums of Money as they shall think reasonable, for their Trouble, in transporting all Persons as shall or may have Occasion to attend at the said Court-house, on the Days and Times aforesaid.
III. And be it further Enacted, by the Authority aforesaid, That the Ferrymen now are appointed, or shall be hereafter appointed by the Court of the said County, to keep Ferry at Newbey's Point and Phelps's Point, are hereby required to ferry over the said River, free of any Expence, all Persons resident in the said County during the sitting of said Court, and also all Persons whatever on the Days of Election of Members of the Assembly and Vestrymen, and also all Persons going to and from Musters in the said County, under the Penalty of Forfeiting to the Party refused or neglected the Sum of Ten Shillings, Proclamation Money, for each Neglect or Refusal, to be recovered by a Warrant, on Proof made, before any Justice in the said County.
IV. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Justices of the said Court to take Bond and Security of the said Ferry-keepers in the Sum of Twenty Pounds, Proclamation Money, for their due and faithful Performance of the above said Act; and that all Fines becoming due by Virtue of this Act shall be paid to the Justices of the said Court, to be by them applied towards lessening the County Tax.
V. And be it further Enacted, That this Act shall continue and be in
Whereas, by one Act of Assembly, passed at a General Assembly held at New Bern on the Sixth Day of April, in the Year of our Lord One Thousand Seven Hundred and Forty-Eight, intituled, “An Act for destroying Vermin in this Province,” it was and is, amongst other Things, Enacted, That any Person or Persons that should Kill any of the Vermin in the said Act mentioned should be intitled to a Claim on the Parish where such Vermin was Killed, to-wit: For every Panther, Ten Shillings; For every Wolf, Ten Shillings; For every Wild-Cat, Two Shillings and Six Pence, Proclamation Money, to be levied as by the said Act directed; which hath encouraged and induced several idle stroling Persons to hunt and range without the inhabited Part of this Government to Kill the said Vermin, thereby to intitle themselves to the said Rewards, to the great Grievance of the Parishes lying to the Westward:
I. Be it therefore Enacted, by the Governor, Council and Assembly, and by the Authority of the same, That no Person whatsoever shall be intitled to any of the said Reward for Killing any of the said Vermin after the first Day of May, next after the passing of this Act, unless the same shall be Killed within Ten Miles of the Plantation of some Inhabitant of the Parish where such Vermin shall be Killed, which shall be proved by the Oath of the Person claiming the Reward, before the Justice to whom the Head or Scalp of such Vermin is produced, and be so certified by him: And that no Vestry shall levy, for any of the said Rewards, upon the Taxable Persons of their Parish unless the Person claiming such Reward shall produce a Certificate in Manner aforementioned; any Thing in the said Act to the contrary thereof in any-wise notwithstanding.