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, and from thence continued, by several Prorogations, to the Twenty Fifth Day of September, in the Year of our Lord One Thousand Seven Hundred and Fifty Five: Being the Second Session of this Assembly. Arthur Dobbs, Esq., Governor.
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* * * * And Shingles, to which Places all the said Commodities before sold or exported shall be brought, Examined & Inspected, acording to the Directions herein after mentioned, That is to say,
In New Hanover County, at the towns of Brunswick, Wilmington, New Exeter and at New Topsail Sound.
In Onslow County, at Bear Inlet, New River & Bogue Inlet.
In Carteret County, at Beaufort Town & Fort Point, near Old Topsail.
In Craven County, at New Bern Town, Clubfoot Creek, Lower Broad Creek, Hollinsworth's Landing & Bushe's Landing on Trent.
In Beaufort County, at Bath Town, Spicer's & Travis's, Grists on Tranter's Creek, at Chocowinnety, Congleton's, Red Banks, Blunt's Creek, Mills's, Salter's, Durham's Creek & South Dividing Creek.
In Hyde County, at Woodstock Town, William Fosque's & Gibbs's.
In Terrell County, at Hog Town, Gardner's, Daley's, Welche's Creek, Hendrick's Creek, Scuppernong Warehouse, Scuppernong River, Squawaugee, Little Alligator, Rich'd Surry's, Meeking's Landing & Dawson.
In Chowan County, at Edenton, Old Town Landing, Bennit's Creek, at the Bridge, Bluff Point & Salem Landing.
In Bertie County, at Salmon Creek, Maul's Farm, the Warehouses on Chowan River, Van Plett's, Vilocon Creek, Kathrine's Creek & Whitmil's on Sapho.
In Northampton County, at Hill's Ferry, the Pitch Landing, Murphis's & McCannis's Landings.
In Anson County, at Gordon's Landing on Pee Dee River.
In Perquimons County, at the River Bridge, at Cipress Bridge, at the Court House Landing, at Harvy's Landing, up the Narrows, at John Barrow's, up Yopem Creek, at Seth Sumner's Landing, at Little River Bridge, at John Stevenson's Little River Point, at Benjamin Harvey Landing, at John Bareclift, Deep Creek, at Wm. Standin's on Yopim River, at Thomas Week's Landing, at Cap'n Joseph Sutton's on Sutton Creek, at Robert Harman's Landing, Yopim Creek.
In Pasquotank County, Nixonton, at Symon's Bridge, at the mouth of Symon's Creek, at Pigg's, at W. C. Keel, at Newbegun Creek, at the Ware House, at McCurden's, at Hixson's, at the River Bridge, at the Plank Bridge, at Arranew's Creek, at Burgle Bay, at the mouth of the River, at Seaburn's Landing, North River.
In Currituck County, the South side of Tully Creek Bridge, at Joseph
I. And be it further enacted by the authority afors'd, That where any such inspection is appointed by this Act to be held in any Town, the Court of the County wherein such Town is shall nominate & appoint an Inspector for every such Inspection, who is an inhabitant of, or resides in such Town, and not any other Person.
II. And be it firther Enacted by the Authority aforesaid, That no Master or Commander of any Ship or Vessel shall take on board his Ship or Vessel any such Casks or Barrels as aforesaid without being Inspected & stamped as by this Act required, under the Penalty of Ten Pounds for each offence: One Half to the Informer and the other Half to the Church wardens of the Parish wherein the offense shall be committed, to the use of such parrish, to be recovered with Costs by actions of Debt, Bill, Plaint or Information in any Court of Record. And if the Master or Commander of a Ship or Vessel shall be sued for the s'd offence he shall be obliged to give Bail to such action, any law, usage or custom to the contrary notwithstanding.
III. And be it further Enacted, That no Collector shall elect out any Ship or Vessel before the Master or Commander of such Ship or Vessel shall have taken the following Oath, to-wit: “* * * You shall swear that you have not received or permitted to be received on board the Ship or Vessel whereof you are Master or Commander since your arrival in this Port, any Barrell of Pork, Beef, Rice, Tar, Pitch or Turpentine that hath not an Inspector's stamp thereon, * * * So help you God,” which Oath the Collector of the Port aforesaid or his Deputy is hereby impowered and required to administer, and shall & may take & receive of such Master for administering the said Oath one Shilling proclam. Money, & the Collector or his Deputy for the Port afores'd, being informed on Oath by any Person whatsoever that any of the said Commodities have been put on Board any Ship or Vessel without being first Inspected as this Act directs, shall cause search to be made on Board such Ship or Vessel, and on finding any such Commodities not Inspected according to the intent & meaning hereof, shall not clear out such Ship or Vessel or deliver up the Register thereof until such Time as the Master or Commander shall have given bond with securities to the Sheriff of the County wherein such Ship or other Vessel shall be Riding at Anchor to appear and answer the suit of such Collector and Church Wardens for such offence, under the Penalty of Ten Pounds proclam. Money for every neglect or Default of such Collector, to be recovered by the Church warden of the Parish wherein such Neglect or Default shall be commited, with Costs, by Action of Debt, Bill, Plaint or Information, and apply'd to the use of such Church.
IV. And be it further Enacted, That every such Inspector himself, & not by Deputy or Substitute, shall constantly attend at the places aforesaid, and such other places as the owner of any Pork, Beef, Rice or Indigo shall appoint, at such times as required, for the Inspection of the s'd Commodities, and Tar, Pitch & Turpentine within his County, and shall provide an Iron to stamp or brand any of the Commodities with, bearing the name of the Inspector & his Place of Residence, & if any Inspector so appointed and sworn shall neglect his Duty or stamp any of the Commodities contrary to this Act he shall forfeit and pay for every Barrel, Box or Case of Indico Five Pounds; for every Barrel of Pork, Beef or Rice, Five Shillings; for every Barrel of Tar, Pitch or Turpentine, Two Shillings & Sixpence, and Five Shillings for every neglect of Duty, proclam. Money, Recoverable before any Jurisdiction having Cognizance thereof, with Costs by the Informer.
V. And be it further Enacted by the Authority aforesaid, That all Pork or Beef Packed within this Province for Sale or Exportation shall be put in good & sufficient Casks and shall contain at Least Two Hundred & Twenty Pounds of good, clean, fat, sound, Merchantable Meat, well salted between each Layer, And nailed and pegged, and no more than two heads in one Barrel of Pork, and not any Boar's flesh in any Barrel of Pork, or any Bull's Flesh or Heads in any Barrel of Beef and every Barrel of Rice shall contain at least Thirty One & a half Gallons, Wine Measure, of sound & well-cleaned Rice, & after the same has been Inspected, found good, Merchantable & passed by the Inspector Residing in the County where the same shall be packed & Inspected, every such Barrel shall be by him branded or Stamped as aforesaid and a Certificate or Certificates thereof given to the owner bearing Date the same Day such Commodity or Commodities were Inspected & passed, & every Barrel of Pitch or Turpentine shall, before it be branded or stamped by the Inspector, be weighed in his presence and every Three Hundred & Twenty Two Pounds Weight of Pitch or Turpentine, including the Casks & so in Proportion shall be accounted a lawful Barrel of Pitch or Turpentine. And every Barrel of Tar shall be of the Gauge of Thirty One Gallons & a Half Wine Measure and every Barrel of Tar less size shall be put in Merchantable Casks at the Expense of the owner or Exporter and every Barrel of Tar, Pitch & Turpenine, after the same shall be Inspected, Gauged, found clean, well & truly made Merchantable & passed by the Inspector shall be by him stamped or branded and Certificate or Certificates thereof, given to the owner as aforesaid.
VI. Provided always, that if any Tar, Pitch or Turpentine, shall remain Ten Days or more after the same has been Inspected & passed in manner aforesaid, before the same shall be laden or put on board some Ship or Vessel for Exportation, it shall not be lawful for the owner, or any other person whatsoever, to Lade or put the same on board any Ship or other Vessel as aforesaid until the same shall have been again Inspected & passed by the Inspector, and Certificate or Certificates granted for the same in the same manner as if such Commodities had never been Inspected; anything herein Contained to the Contrary Notwithstanding. And every Person who shall presume to Lade or put on Board any Ship or Vessel, any Tar, Pitch or Turpentine for Exportation as aforesaid, at any time after the Expiration of Ten Days from the time that the same shall have been received & Inspected as aforesaid, shall forfeit and pay the sum of Five Shillings proclamation Money for every such Barrel so Laden, or put on Board any Ship or other Vessel, to be Recovered with Costs, one half to the Informer and the other half to the Use of the Parish wherein such offense shall be committed before any Jurisdiction having Cognizance of the sum or sums so forfeited. And the Master or Commander of such Ship or Vessel shall be Lyable to the same Penalty as for Lading Tar, Pitch or Turpentine without being stamped. And the Collector shall, and is hereby required to use the same Method of Proceedings to compell the Payment of the said Penalty as in that Case is directed to be observed. And forasmuch as it is difficult in warm and Rainy Weather to separate Tar from Water, it is hereby Declared that Water shall not be accounted a fraudulent Mixture in any Tar, but that in such Case the Barrel shall not be branded or stamped by the Inspector until the same is as free from water as it can be made; anything herein contained to the Contrary notwithstanding.
VII. And be it further Enacted by the Authority aforesaid, That every Seller or Exporter of Pork, Beef, Rice, Tar, Pitch, or Turpentine, packed
VIII. And be it further Enacted by the Authority aforesaid, That it may be Lawful for every County Court within this Province, wherein there are not publick Warehouses by Law Erected for the Reception & Inspection of Tobacco, at the expense of such County to erect or Rent a Warehouse, at or near some Publick Landing on a navigable River or Creek, for the Inspection, Reception & Safe keeping of all indico, at any time hereafter, to be paid or tendered in payment of publick County or Parish Taxes, and shall appoint and direct at what times the Inspector or Inspectors, shall attend to inspect and Receive the same. And every Inspector that shall be appointed by virtue of this Act, shall find Labourers to assist in Weighing the several Commodities he shall Inspect & weigh, and also shall find & provide Steel Yards or Scales of the Lawful Standard for that Purpose.
IX. And be it further Enacted by the Authority aforesaid, That all Indico paid and Discharged of Publick, County, or Parish Taxes, by Virtue of any Law of this Province, shall be first brought to one of the Public Warehouses appointed by Act of Assembly for the Inspection of Tobacco, to be erected or Rented by Virtue of this Act as aforesaid, and there Inspected; and any Inspector of the County wherein such Warehouse is appointed or shall be Erected, or Rented as aforesaid, on Notice given shall attend according to the Direction of the County Court & Carefully view & examine all such Indico and if it is dry, free from dirt, sand & every fraudulent Mixture, and is in the opinion of such Inspector, good & Merchantable, and such as will Intitle the Exporter thereof to the Bounty allowed by Act of Parliament, such Inspector shall weigh the same, and be obliged to Deliver to the Person, or Persons bringing the same, as many Promissory Notes under the Hand of such Inspector as he shall be required for the full quantity of Indico, received by him, which Indico such Inspector shall carefully secure in Barrels, Boxes or Casks, and the said Promissory Notes are hereby declared to be current and transferable in Payment of all Publick, County, & Parrish Taxes at the rate of, or Price of, Four Shillings Procla. Money Pr. Pound, and shall be paid & satisfied by such Inspector who signed the same upon Demand, and every such Inspector shall be Obliged, and is hereby Required to pack & secure all Indico by him Received in Barrels, Boxes or Cases and for every Barrel, Box or Case by him paid away in Discharge of any Promissory Note or Notes by him given and containing Two Hundred Pounds Weight Nett, and stamped with the Gross Tear Nett Weight and name of the Inspector, and nailed and secured fit for shipping, there shall be paid by the Person receiving the same, the sum of Five Shillings & Six Pence, to the use of such Inspector and so proportionably for Barrels,
X. And be it further Enacted, That no Tender of Publick, Conuty, or Parish Taxes in Indico, shall be accounted Lawful unless the Payment of the same be tendered in Inspectors' Notes as aforesaid, nor unless such Payment shall be tendered on or before the first Day of May in the year that they are or shall be payable.
XI. And be it further Enacted, that when any Indico shall be brought to any Inspection, and shall be refused by the Inspector there officiating, the owner shall immediately sort & seperate the bad & unmerchantable from such as is by this Act declared to be good & Merchantable at the Warehouse where the same was refused, and the Inspector shall receive so much thereof as in his Opinion is good and Merchantable, and give a Note or Notes for the same.
XII. And be it further Enacted, That every Inspector who shall be appointed by Virtue of this Act to Inspect Indico shall give Constant attendance at the Times & Places by the County Court Ordered & appointed under Penalty of Forfeiting to the Parties grieved, Five Shillings proclam. Money for every Day he shall fail or neglect to attend, to be recovered with Costs before a Justice of the Peace, unless good Cause shewn for such neglect or failure.
XIII. And be it further Enacted that if any Person or Persons shall sell or Contract for any Indico as good & Merchantable, according to the Directions of this Act, and any Dispute shall arise between the Buyer and Seller, concerning the Quality of the Indico offered or tendered in Discharge of such Contract, it shall and may be lawful for the Parties or either of them, to call the nearest Inspector of the County, wherein such Indico is tendered, or offered as aforesaid, who is hereby Required to Obey such Call & Inspect the same and if it is in the opinion of such Inspectors good, Merchantable, & of Quality to intitle the Exporter to the Bounty allowed by Act of Parliament, he shall pass the same, or otherwise refuse it, and such Inspector shall be paid for his Trouble by the Party against whom he shall give Judgment, Five Shillings & Four Pence Proclam. Money.
XIV. And be it further Enacted by the Authority aforesaid, That if any Person whatsoever shall forge or Counterfeit any Note of any Inspector, or tender in Payment, or expose to sale any such forged or Counterfeit Note, knowing the same to be such, or Cause to be Exported, any Barrel of Pork, Beef, Rice, Tar, Pitch, or Turpentine, or Barrel, Box, or Case of Indico or expose the same to sale, knowing the stamp or Brand thereon to be forged or counterfeited, or shall put or pack any Pork, Beef, Rice, Tar, Pitch, or Turpentine, or Indico, into any Barrel, Box, or Case stamped or branded, by any Inspector as aforesd. on Purpose to evade this Act and so sell or export such Commodities without being inspected; every person so offending and being thereof Lawfully convicted before any Court of Record, shall by Order of such Court have and Receive on his or her Bare Back Thirty-Nine Lashes well laid on. And moreover shall suffer One months Imprisonment without Bail or Mainprize.
XV. And be it further Enacted by the Authority aforesaid, That if any
XVI. And be it further Enacted by the Authority aforesaid, that all staves, heading, shingles, Boards, Planks, Joists & square Timber which shall be sold or shipped on Board any Ship or Vessel for Exportation, shall be of the following Dimensions otherwise, shall not be deemed merchantable and shall be forfeited to the uses herein after mentioned, to-wit: Butt staves shall be five feet nine inches long, four inches Broad and an Inch thick on the heart or thin edge. Pike Staves Four Feet Eight Inches Long, four Inches Broad and three quarters of an Inch thick on the Heart or thin edge. Hogshead staves shall be three foot six Inches long, Three Inches & a half broad & three Quarters of an Inch thick on the Heart or thin Edge, Except such as are to be Exported to the Northern Colonies which shall be thirty Inches Long. Barrel Staves shall be Two Feet Eight Inches Long tour Inches broad & three Quarters of an Inch thick on the Heart or thin Edge. White Oke Hogshead Heading shall be Thirty Two Inches long Six Inches Broad & One Inch thick on the Heart or thin Edge. Barrel Heading shall be Nineteen Inches long Six Inches broad and three Quarters of an Inch thick on the Heart or thin Edge. Shingles shall be Eighteen & a half Inches Long Five Inches Broad and Five Eights of an Inch thick. Which said several sorts and kinds shall be of the Dimensions aforesaid at the least & well got of good sound Merchantable Timber and every Board Plank or Scantling being marked with the Number of more Feet than they contain shall be forfeited. And no Board or Plank shall be deemed Merchantable or passed by any Inspector that is not free from any Split Twelve Inches long, has an Edge less than half an Inch Thick, and is not free from Holes. That every piece of Skantling, or any other Square Timber marked with the Number of more Feet than it contains, is hereby declared to be Forfeited and shall not be passed. Provided neverthless, that no stave Heading or Shingles, Boards, Planks or square Timber shall be inspected unless Required.
XVII. And be it further Enacted, That when any Dispute shall arise between the Buyer and Seller of any Staves, Heading, Shingles, Boards, Skantling, Plank or Timber as aforesd., in respect of the Quality, Dimensions and Quantity thereof it shall and may be Lawful for either Party to call on the nearest Inspector of the County, which Call he is hereby required to Obey to View, Inspect and measure the same and so pass so much thereof, as he shall be of opinion is good and merchantable, according to the directions of this Act and to refuse the rest.
XVIII. And be it further Enacted, That all such Staves, Heading, Shingles, Boards, Planks, Skantling, and Timbers respectively, as shall be found upon View to be unmerchantable and unfit to pass shall be Forfeited to the Use of the Parish wherein such View shall be had, and shall be by the Inspector Refusing the same, sold at Public Sale for the Benefit of such Parish, and the money arising by such Sale, shall be by such Inspector accounted for to the Churchwardens thereof, after Deducting six pr. Cent for his Trouble.
XIX. And be it further Enacted by the Authority aforesaid, That if any
XX. And be it further Enacted, That no person taking upon himself the Office of Inspector shall during his Continuance therein, be Capable of being Elected a Member of the Assembly: And if any Member of Assembly shall accept of the sd. Office during his being such, he shall be, and is hereby declared from thenceforth to be disabled to serve as a member of Assembly, and shall not sit, Vote, or Act in Assembly but shall be to all Intents and Purposes incapcitated as if he had never been Returned or Elected a Member of Assembly.
XXI. And be it further Enacted by the Authority aforesd., that every Inspector shall be In titled to the following Fees to be paid in Proclam. Money, to-wit: For every Barrel of Pork, Beef or Rice, Six Pence; For every Barrel of Pitch or Turpentine, Two Pence; For every Barrel of Tar, Three Half Pence; For every Thousand Staves or Heading, One Shilling and four pence. For every Thousand Shingles, Four Pence; For every Thousand Feet Superficial Measure of Boards, Planks and Skantling, One Shilling and Four Pence; For every Ten of other Lumber, one Shilling.
XXII. And be it further Enacted by the Authority afsd.; That all and every other Act and Acts, Clause and Clauses, Article and Articles thereof, for or Relating to any Matter or thing within the Purview of this Act shall be and are hereby declared from henceforth Repealed and Made Void.
XXIII. And be it further Enacted, That this Act shall be and Continue in Force for and during the Term of Three Years from and after the aforesaid first day of November, and from thence to the end of the next Sessions of Assembly and no longer.
Whereas, for want of proper Laws for regulating Guardians, and the Management of Orphans, their Interests and Estates have been greatly Abused and their Education very much neglected; for prevention whereof for the future, Be it Enacted by the Governor, Council and Assembly, and it is hereby Enacted by the Authority of the Same, That where any Person hath or shall have any Child or Children under the age of Twenty-one Years and not Married, It shall and may be lawfull to and for the Father of Such Child or Children, whether born at the time of his Death or in Ventre Sa Mere, or whether Such Father be within the age of Twenty-one Years or of full age by Deed executed in his life time or by his last Will and Testament in Writing in Such Manner and from time to time as he Shall think fit, to dispose of the Custody and Tuition of Such Child, or Children, for and during Such time as he, She or they shall remain under the Age of Twenty-one Years, or for any less time to any person or persons other than the people called Quakers and Popish Recusants, and every Such disposition
I. And be it further Enacted by the Authority aforesd., That the Supreme Courts and County Courts of this Province within their respective Jurisdictions, have and Shall have full power and Authority from time to time to take Cognizance of all matters Concerning Orphans and their Estates, and to appoint Guardians in Such Cases where to them it shall appear necessary and shall take good Security of all Guardians by them to be Appointed, for the Estates of the Orphans by them Committed; and if any Court shall Committ an Orphans Estate to the Charge or Guardianship of any person or persons without taking good and Sufficient Security for the Same, the Justice or Justices Appointing Such Guardian Shall be liable for all loss and Damages Sustained by the Orphan for want of Such Security being taken, to be recovered by Action at the Common Law in any Court of Record in which the Same is Cognizable in the Suit of the Party grieved. Provided always, That where the Securities were good at the time of their being taken or Accepted, but afterwards became Insolvent, in Such case the Justice or Justices shall not be liable.
II. And be it further Enacted, That the Bond to be given by any person or persons appointed Guardian as aforesd.; shall be made paiable to the Justice or Justices present in Court and Granting Such Guardianship, the Survivors or Survivor of them, their Executors and Administrators in trust for the benefit of the Child or Children Committed to the Tuition and Care of such Guardian, which Bond such Court shall cause to be Acknowledged
III. And be it further Enacted by the Authority aforesd., That where a Guardian shall be appointed to any Orphan by any Supreme or County Court Such Guardian shall at the next Court after his appointment, Exhibit an Account upon Oath of all the Estate of such Orphan which he, or she, shall have received into his or her hands or possessions, and every Guardian heretofore or hereafter to be by any such Court appointed, shall Annually Exhibit his Account and State of the Profits and Disbursements of the Estate of Such Orphan upon Oath; and such Account to be Exhibited, shall be Entered by the Clerk in particular Books, to be provided and kept for that purpose only. And when the said Courts shall know or be Informed that any Guardian or Guardians by them respectively appointed, do waste or convert the money or Estate of any Orphan to his or their own use, or do in any manner mismanage the Same, is about, or intended to marry him or her in disparagement or neglects to Educate or maintain any Orphan According to his or her Degree and Circumstances; or where Such Guardian, or his Securities are likely to become Insolvent Such Court shall have power from time to time to make and Establish Such Rules and Orders for the better Ordering Managing and Securing such Estate and for the better Educating and Maintaining such Orphans, or to appoint another Guardian as they Shall think fit and Convenient.
IV. And be it further Enacted, That every Guardian, Executor or Administrator as Soon as Conveniently the Same may be done, shall by order of the County Court cause the Sheriff to Sell and dispose of all Goods and Chattels of his or her Ward as are or may be liable to perish, Consume or be the worse for using or keeping, (Except in the Instances hereinafter mentioned), for the most that can be got for the same by Public Sale, in Reasonable Lotts, and Shall for Enhancing the price thereof give Six Months Credit upon good Security given, for which service the Sheriff shall be allowed by the Court so as Such Allowance does not exceed two and a half p. Cent; And Such Guardian after the time of Such paiment is past shall take and pursue all lawful ways and means to receive and recover the money upon pain of being answerable for the Same: And if the Same cannot be received, before the Orphan entitled to receive such Money shall have a right to Demand it, or such Guardian shall be removed from his Guardianship, he or she shall and may assign such Bond to such Orphan, and such Assignment Shall Discharge Such Guardian for so much against him, or her, or them. And where the Profits of any Orphans Estate shall be more than Sufficient to maintain and Educate him, or her the Guardian of such Orphan, shall lend the Surplus and all other Sums of money in his hands belonging to such Orphan upon Bond and good and Sufficient Securities, to be repaid with Interest; which Interest such Guardian shall Account for Annually, and where the person or persons to whom such money shall be lent or their Securities are likely to become Insolvent, Such Guardian shall
V. And be it further Enacted, That where any Orphan shall have land and a Sufficient number of Slaves to Cultivate and improve the Same, Such Slaves unless otherwise ordered by the County Court Shall be employed on the Lands and Plantation of such Orphan; and all Horses, Cattle, Sheep, and Hoggs, shall be kept upon such Lands and Plantations, untill such Orphan Comes of Age, and he or she shall have the benefit of the Increase, and shall sustain the loss if any shall happen. Provided, nevertheless, that if any such Stocks grow too numerous, or if it will be to the advantage of such Orphan, his or her Guardian shall and may sell by order of the County Court, such padt of such Stocks as Such Court shall think fit. And all Plate shall be preserved and delivered to such Orphan when at Age in kind, according to weight and Quantity.
VI. And be it further Enacted, That no Guardian shall let or farm out any Land belonging to any Orphan for a Longer term than the Orphan be of Age, or in other manner than by lease in writing; And that Special Care be had that the Tennant shall improve the Plantation, and that he or she keep the Houses, Orchards & Fences thereon, or that shall be erected on the Same in good and sufficient repair, and leave the same so at the Expiration of Such Lease, and that Provision be made in Such Lease for preventing all kind of waste and Employing any Timber to any other use than the immediate use of the Plantation.
VII. And be it further Enacted, That if the Guardian of any Orphan shall suffer his or her Land to lapse or become forfeited for non-payment of Quitrents such Guardian shall be liable to answer the full value of the Lands as forfeited unto such Orphan at his or her coming of Age. And if it shall so happen that any Orphan Shall not have Slaves to Cultivate his or her Land, and the Guardian of such Orphan cannot rent the same for Sufficient to pay and Discharge the Quitrents thereof, and there shall not be personal Estate Sufficient for that purpose, it shall and may be lawfull for such Guardian with the Consent and Approbation of the County Court, Annually to Sell and Dispose of, or use so much of the Lightwood, to Box so many Pine Trees, or to sell so much of the Timber on the same, as shall raise sufficient to pay and Satisfie the Quitrents thereof and no more.
VIII. And be it further Enacted by the Authority aforesaid, That the Justices of every County Court in this Province respectively, shall on the first day of the Court that shall be held next after the first Day of January in every year, or if no Court be then held, on the first Day of the next, Succeeding Court, hold an Orphans Court for the purpose aforesd., and every person heretofore Appointed, or that Shall hereafter be appointed Guardian to any Orphan by any Court, or by Deed or Will as aforesd., shall exhibit Such Account as aforesd., and the Justices of every Court shall at the same Court Examine into all Accounts of Guardians so to be Exhibited to them, and shall Direct a Summons to Issue returnable to their next Court against all Guardians who shall then fail to appear and render such Account, whether such Guardian be resident in the Same or any other County: and Shall then also enquire into the Abuses and mismanagement of Guardians and whether they or their Securities are likely to become Insolvent, and thereupon to proceed according to the power in this Act before given. And if any such guardian, shall wilfully neglect after being summoned as aforesd. to appear, obstinately refuse to Exhibit such Account it shall and may be
IX. And be it further Enacted, That the Church Wardens of every Parish in this Province shall annually at the Orphans Court to be holden for their Counties respectively, present to the Justices thereof, upon Oath in Writing the names of all Orphans, Children within their Parish, that they shall know have not Guardians appointed them and are not bound out to some Trade or Employment, and all abuses, mismanagements and neglects of such Guardians as live within their Parish.
X. And be it further Enacted, That the Justices of every County Court and the Church Wardens of every Parish respectively, who shall fail or neglect to do their Duty herein, shall foreit and pay the Sum of Ten Pounds Proclamation money each, one half to our Sovereign Lord the King, his Heirs and Successors to and for the use of the County wherein such neglect or failure shall be, and the other half to the Informer, to be recovered by Action of Debt, Bill, Plaint or Information, with Costs in any Court of Record.
XI. And be it further Enacted by the Authority aforesd., That it shall be lawfull for every Guardian to Charge in his Account, all reasonable Disbursements and Expences; And if upon rendering such Account it shall appear to the Court that such Guardian hath really and bona fide disbursed more in one year than the Profits of the Orphans Estate do amount unto for the Education and maintenance of the Orphan Such Guardian shall be allowed & paid for the Same out of the Profits of such Orphans Estate in any other year. Provided always, that such Disbursements be in the opinion of such Court, suitable to the Degree and Circumstances of the Estate of such Orphan: And that where such Estate shall be of so small value that no person will Educate or Maintain him or her for the Profits thereof, Such Orphan shall by direction of the Court be bound apprentice, every male to some Tradesman, Merchant, Mariner, or other person, approved by the Court, until he shall attain the Age of Twenty-one Years, and every Female to some Suitable Employment, till her Age of Eighteen Years, and the Master or Mistress of every Such Servant shall find and provide for him or her Diet, Cloaths, Lodging, and Accommodations fit and necessary, and shall Teach, or Cause him or her to be Taught, to read and write, and at the Expiration of his or her Apprenticeship shall pay every such Servant the like allowance as is by law Appointed for Servants by Indenture or Custom, and on refusal shall be compelled thereto in like manner; And if upon Complaint made to the County Court it shall appear that any such Apprentice is ill used, or not Taught the Trade, Profession, or Employment to which he or she was bound, it shall be lawful for such Court to remove and Bind him or her to such other person or persons as they shall think fit.
XII. And be it further Enacted, That the binding of such servant by Order of Court as aforesd: Shall be by Indenture made in the name of the presiding Acting Justice of the Court and his Successors of the one part, and of the Master or Mistress to whom he or she shall be bound of the other; which Indenture shall be Acknowledged or proved before such Court
XIII. And be it further Enacted by the Authority aforesd., That where any person who now is or hereafter shall be Security for the Estate of any Orphan, shall conceive himself in danger by reason thereof, and Petition the Court where such Security was entered into for Relief, it shall be lawful for such Court upon Petition to them Exhibited, forthwith to Order Summons to issue against the Party or Parties with and for whom the Petitioner Stands bound, returnable to the next Court, and thereupon to compell Such Party or Parties to give sufficient other or Counter Security, to be approved by the said Court or to Deliver to the Said Estate to the Petitioner or Such other person as the Court shall direct, or they may and are hereby impowered to make such other order or Rule therein for Relief of the Petitioner and better Securing such Orphan's Estate as to them shall appear just and equitable. Provided always, that such Court shall take good and Sufficient Security of the Person or Persons to whom such estate shall be so Committed in like manner and under the like penalty as is by this Act required, to be taken of Guardians Appointed by the Court and every such Person shall also Exhibit his Account and be Subject to the Rules and Orders of the Court in the same manner to all Intents and purposes as is herein before required of Guardians or they are made Subject unto.
XIV. And be it further Enacted by the Authority aforesd., That all Legacies, Filial Portions, distributive Shares of Intestates Estates, Sum or Sums of money, or other Estate, due or owing from any Person appointed Guardian to any Orphan from any Executors or administrators, Shall and may be recovered by Petition to the Supreme Court of the District or any County Court; and that in all Suits by Petin. as aforesd.; in the said Courts respectively, the following rules and methods shall be observed, to-wit:
The Petitioner shall file his Petition in Court, upon Exhibiting the same, and thereupon a Summons shall be Issued by the Clerk of Course; and that upon the Defendants being served therewith, and with a Copy of the said Petition, he shall appear and put in his Answer or Plea upon oath or Demur.
That upon an Answer, Plea, or Demurrer being filed as aforesd., the Pet'r may move the Court to have the Same Set for hearing and immediately Argued, and thereupon the Court shall proceed to hear and Determine the same according as the matter in Equity and Law shall appear to them, without regard to form or want of form in the Petition Process, or Course of Proceedings.
That upon the Defendant being served with a Summons and Copy of the Petition Ten Days before the Court to which such Summons is returnable and Oath made thereof; if he Shall fail to Appear and Plead, Answer, or Demur as aforesd., the Pet'rs Petition shall be taken pro confesso, and the matter thereof decreed Accordingly with Costs, unless on Special Reasons Shewen to and Aproved of by the Court, time shall be Allowed Such Defendant to file such Plea, Answer or Demurrer.
And if any Defendant shall appear on such Summons, and shall Obstinately refuse to answer the Petition of the Petr., the same shall be taken pro Confesso and the matter decreed as aforesd.
Every Defendant shall be at liberty to Swear his Answer or Plea before any Justice.
That when a Plea or Demurrer Shall be overruled the Defendant shall file his Answer the same Court.
That when the Petitioner shall be minded to disprove the answer of the Defendant and Support his Claim he may reply.
Commissions to Examine Witnesses may be Awarded by the Court after Replication filed.
The Party taking out such Commission giving the adverse party Ten days Notice of the time and Place of Executing the same.
And that upon a Decree being made on any such Petition, it shall and may be lawfull for the Court who shall make the same, to grant Execution against the Defendant's Body, Goods, and Chattels, Lands and Tenements, for Satisfying such Decree and Costs; any Law, Usage or Custom to the Contrary notwithstanding.
XV. And be it further Enacted by the authority afores'd, That when any person Shall conceive himself Injured or aggrieved by the Order or Sentence of any County Court in appointing a Guardian to any Orphan or in removing any Orphan from the Care and Tuition of any person who has been appointed such or on refusing to make Such appointment or removal as afores'd, he may appeal from Such Order or Sentence to the Court of Chancery of this Province or to the Supreme Court of the district at his Option, and the Party praying Such appeal Shall fyle a Copy of the proceedings of the County Court therein with the Clerk of the Chancery or Clerk of the Supreme Court, as the Case may be, fifteen Days before the Sitting of Such Court, and thereupon it Shall and may be lawful for the Court to which Such appeals is made to proceed to rehear the matter and either affirm or reverse Such Order or Sentence, and thereupon to award Execution for all Such Costs and Charges as Shall be occasioned by Such appeal. Provided, nevertheless, that the Party praying Such appeal before the Same Shall be granted by the County Court enter into Bond with Sufficient Security for prosecuting Such Appeal with Effect, and the payment of all Such Costs and Charges as Shall be awarded against him in Case he Shall be Cast in his said appeal. Provided Also, that nothing in this Act contained Shall be Construed to restrain or abridge the Power of the said Court of Chancery in any matter or thing relating to Orphans or their Estates, but that it Shall and may hold, use and exercise and enjoy the Same Jurisdiction, powers and Authorities therein in as full and ample manner to all intents and purposes as if this Act had never been made, any thing herein Contained to the Contrary notwithstanding.
XVI. And be it further Enacted by the Authority afores'd, That an Act of Assembly Intitled “An Act Concerning Orphans,” and all and every other Act and Acts, Clause and Clauses thereof, heretofore made for or Concerning any matter or thing within the purview of this Act, Shall be and are hereby from henceforth Repealed and made void.
XVII. And be it further Enacted by the Authority afores'd, That this Act Shall be, Continue and Remain in full force and Virtue for and During the Space and Term of Five Years from the passing thereof, and from Hence to the End of the next Session of Assembly, and no longer.
Whereas, His Majesties Service and the Safety of this Province requires that Forts and Batteries should be Erected on the Sea Coast and the Frontiers of this Government on Lands the property of private persons, several of whom are out of the Province, that no Title can be had thereto by purchasing the same, Wherefore that his Majesty's Service may not suffer nor the Defence of this Province be neglected for want of so much Land as may be necessary for the purposes aforesaid,
I. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That it shall and may be lawfull by Order of the Governor or Commander in Chief for the time being for the Sheriff of the County where any Land lies which has heretofore been Appointed or which within one year from the passing of this Act shall be Appointed by the Governor or Commander in Chief for the time being, or Building thereat any Fort or Battery on the Sea Coast or Frontier of this Province, to summon a Jury of Freeholders of the same County, on their Oath to Appraise and set a value on Six Acres of Land so Appointed for every such purpose, which said six Acres of Land shall be Surveyed and a plat thereof, together with the Appraisement of the Jury, returned to the County Court and recorded, and shall immediately thereupon vest in His Majesty, And the said Appraisement so returned and recorded as aforesaid shall be deemed and held Sufficient in Law to Convey the Estate of the former Owner therein to his Majesty, his Heirs and Successors, and shall enure and take Effect as fully and Absolutely to his and their Benefit and Advantage as if the same had been conveyed by Indenture of Bargain and Sale, Lease and Release, or by any other ways and Means whatsoever.
And be it further Enacted by the Authority aforesaid, That at any time after an Appraisement shall be made and returned in pursuance of this Act the former Owner of the Land so Appraised shall, on Application, be paid the Appraised value of the same by the Treasurer of the District wherein the Land lies out of the Publick Money which he shall have in his hands for defraying the contingent Charges of Government.
Whereas, supplying the Subjects of the French King with Provisions from this Province, in the present Time of Danger, may contribute towards the facilitating of their Designs of making Encroachments and Depredations on his Majesty's Territories in the Northern Provinces; For Prevention whereof,
I. Be it Enacted by the Governor, Council and Assembly, and it is hereby Enacted by the Authority of the same, That from and after the first Day of November next no Person or Persons whatsoever shall export out of this Province into any Port belonging to or in the Possession of the French King, or any of his Subjects, or into any Neutral Port, any Indian Corn, Wheat, Flour, Bread, Rice, Beef, Pork, live Stock or other Provisions whatsoever, or sell, vend or dispose of any such in any such Port, or to any Master, Commander or other Person concerned in Navigation of any Ship belonging to
II. And for the better Discovery of Violations of this Act, Be it Enacted, by the Authority aforesaid, That every Master or Commander of any Ship or Vessel laden in this Province which, after the aforesaid first Day of November next, shall be cleared out by any Collector as aforesaid, shall, within Twelve Months after being cleared out, produce to and lodge with the Collector from whom he had such Clearance a Certificate, under the Hand and Seal of a Collector of the Customs in some one of his Majesty's Plantations of his having delivered his Cargo in some Port of such Plantations; and thereupon such Collector shall deliver up such Bond to be cancelled; and if such Master or Commander shall fail or neglect to produce such Certificate, and lodge the same with the Collector within the Time aforesaid, such Failure or Neglect shall be deemed a Forfeiture of his Bond. Provided nevertheless, That if no Suit shall be commenced on such Bond within Two Years from the Date thereof, the same shall be held and deemed to be null and void, any Thing herein contained to the contrary notwithstanding.
III. And be it further Enacted by the Authority aforesaid, That this Act shall continue and be in Force for and during the Space of Two Years after the aforesaid first Day of November next, and from thence to the End of the next Session of Assembly, and no longer.
Whereas, there is no Provision made by any Law of this Province to compell Vessels arriving from Foreign Ports with the Plague, Small-Pox or other infectious distempers on Board (except such as may arrive at Port Brunswick), to perform Quarantine, altho' the other Parts of this Province are liable to be infected thereby, unless timely prevented:
I. Be it therefore Enacted by the Governor, Council and Assembly, and by the Authority of the same, That from and after the passing of this Act the Master of every Vessel coming in at Occacok Inlet, before he proceeds with his said Vessel to any other Port of this Province, shall go on shore at Fort Granville and there make Oath, before the Commander of the said Fort for the Time being (who is hereby authorized and impowered to administer the said Oath to such Master or Masters), whether or not he hath any contagious Distemper on Board such his Vessel, under the Penalty of Fifty Pounds, Proclamation Money; and the Pilots attending the said Bar or Inlet are hereby commanded and required not to proceed with any Vessel further than the Swatch until such Master of Vessel shall go on shore at Fort Granville and declare, upon Oath, before such Commander for the Time being of the said Fort, whether there be any contagious Distemper on board his Vessel, and until a Permission be given by the Commander of the said Fort for that Purpose, under the like Penalty of Fifty Pounds, Proclamation Money; for which Oath and Permission the Commander of the said Fort for the Time being shall and may have and receive from the Commander of such Vessel the sum of Five Shillings, Proclamation Money.
II. And be it further Enacted by the Authority aforesaid, That if it shall happen that any such Vessel shall have any contagious Distemper on Board, the Commander of the Fort shall order such Vessel to lie opposite to such Fort, or such other Place as he may think proper, until further Orders shall be given by the Governor or Commander in Chief for the Time being, who is hereby authorized and impowered to give such Direction for the said Vessel and her Crew's performing Quarentine as he shall think necessary; and if any Master of a Vessel so ordered to perform Quarentine shall not obey such Order, such Master shall forfeit the sum of Five Hundred Pounds, Proclamation Money, One Half to be applied towards the Contingent Charges of the Government and the other Moiety to the Informer.
III. And be it further Enacted, That if any Person, Mariner or Passenger, on board such Vessel ordered to perform Quarentine, shall presume to desert or come on shore from the said Vessel, without Licence from the Commander in Chief for the Time being, until she hath fully performed such Quarentine, such Person shall forfeit and pay Fifty Pounds, Proclamation Money; And if any Person or Persons not belonging to such Vessel shall presume to go on board such Vessel before she hath fully performed Quarentine, such Person shall be compelled to stay on board during the whole Time, under the like Penalty of Fifty Pounds.
IV. And be it further Enacted, That all Fines and Forfeitures mentioned in this Act shall be recovered by Action of Debt, Bill, Plaint or Information, in any of the Supreme Courts in this Province, by any Person or Persons who shall inform or sue for the same.
Whereas, the County of Beaufort is in Extent from East to West about Seventy Miles, and the Court-house thereof being erected in the Town of Bath, which is within Six Miles of the East Boundary thereof, renders it extremely difficult and inconvenient for the Inhabitants of the said County to attend Courts, General Musters and other Public Duties; and the said Inhabitants having petitioned this Assembly to be relieved:
I. Be it therefore Enacted by the Governor, Council and Assembly, and it is hereby Enacted by the Authority of the same, That Robert Palmer, John Barrow, Edward Salter, John Hardy and William Spier, or the Majority of them, shall and may and they are hereby required, within Six Months after passing this Act, to agree and contract with Workmen for the building and erecting a suitable Court-house, Prison, Pillory and Stocks, for the Use of the said County, on the land of Thomas Bonner, Junr., on the North Side of Pamplico River, in the said County.
II. And be it further Enacted, That so soon as the said Court-house, Prison, Pillory and Stocks shall be erected and finished, the Justices of the Court of the said County shall and are hereby directed and required to adjourn the said Court, by their Order, from the Place where the same now is held at Bath-Town, to the Court-house so to be erected and built on the Land of Thomas Bonner aforesaid, by Virtue of this Act; and all Suits, Actions, Plaints, Pleas and other Matters and Things before the said Court then depending and determined, shall stand adjourned and continued accordingly; and all and every Person and Persons having Day in the said Court, and all Witnesses, bound and obliged to appear at the same according to such Adjournment.
III. And be it further Enacted by the Authority aforesaid, That the said Justices of the said Court shall and are hereby required to levy, on the taxable Persons in their County, sufficient to satisfy and pay the Contract that the said Robert Palmer, John Barrows, Edward Salter, John Hardy and William Spier, or the Majority of them, shall make and enter into for erecting the said Buildings.
IV. And be it further Enacted by the Authority aforesaid, That all and every Act and Acts, Clause and Clauses, Article and Articles thereof, for any Matter or Thing within the Purview of this Act, shall henceforth be repealed and made void.
Whereas, by experience it is found that the situation of the court-house in Onslow county, before it was destroyed by the storm, was not central, and by reason of a wide ferry, often impassible, very inconvenient to the greatest part of the inhabitants, and that there are no houses for accommodation near the place; for remedy whereof,
I. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That the Justices of the county of Onslow shall have full power and authority, and are hereby required, within the space of six months next after the passing of this act, to erect a court-house, prison, pillory
II. And be it further enacted, That so much of the county taxes heretofore annually levied for that purpose, and now in the hands of the justices, shall be applied to the erecting the said new court-house, prison, pillory and stocks, near Wantland's ferry, and to no other purpose whatsoever; and that hereafter all elections and other business of the said county shall be transacted at the said court-house by this act appointed to be built and erected.
III. And be it further enacted, That for the convenience of the inhabitants of the said county passing to and from the said court-house to transact their public business, the ferry called Wantland's ferry, at all such times, shall be maintained at the county charge, to be paid out of the county tax.
IV. And be it further enacted, That so much of an act, intituled, “An Act for appointing and laying out a town at or near Mittam's point, on the south side of New River, in Onslow county, by the name of Johnston, for so much thereof as relates to holding the court and transacting all other public business for the said county in the town of Johnston, is hereby from henceforth repealed.
Whereas, a Road from Orange County Court-house to a convenient Landing on the North-West River of Cape Fear would be of very great Advantage to the Inhabitants of the said County; which, by reason of the Inhabitants of those Parts belonging already to other Districts, cannot be altered but by Authority of Assembly: Wherefore,
I. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That Mr. John Patterson, Mr. James Taylor and Mr. Lawrence Thompson be, and they are hereby appointed Commissioners, with full Power and Authority to lay out a Road, as convenient as may be, for the said Inhabitants, From Orange County Court-house to a Landing on the North-West of Cape Fear River, near Col. Thomas Armstrong's; and when the said Road shall be so laid out, all the Inhabitants on each side thereof within Five Miles of the same shall be obliged to work thereon; and for Default therein shall be liable to the same Fines and Forfeitures as People liable to work on Public Roads have heretofore been.
II. And be it further Enacted by the Authority aforesaid, That the Commissioners aforesaid shall be invested with the same Power and Authority as other Commissioners of Roads to appoint Overseers of the said Road, and to recover the Fines and Forfeitures by Law directed.