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Acts of the North Carolina General Assembly, 1756
North Carolina. General Assembly
September 30, 1756 - October 26, 1756
Volume 25, Pages 331-344

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LAWS OF NORTH CAROLINA--1756.

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 Thirtieth Day of September, in the Year of our Lord One Thousand Seven Hundred and Fifty Six, being the Third Session of this Assembly. Arthur Dobbs, Governor.

CHAPTER I.
An Act for granting to His Majesty an Aid of Three Thousand Four Hundred Pounds to defray the Expence of erecting a Fort, raising and paying two Companies for the Defence of the Western Frontier of this Province.

Whereas, several Parties of Indians, in the French Interest, have committed divers Hostilities on the Frontiers of this Province: Wherefore, to prevent their further Encroachments and the better to secure the Inhabitants from their future Insults and Depredations,

I. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That the Sum of Three Thousand Four Hundred Pounds be granted to his Majesty, to be applied in erecting a Fort at such Place on the Western Frontier as the Governor or Commander in Chief for the Time being shall appoint; and that two Companies shall be raised and subsisted, each of which said Companies shall consist of Fifty Men, exclusive of one Captain, Two Lieutenants, One Ensign and one Surgeon, and shall be employed in erecting and garrisoning the said Fort, and in garrisoning a Fort already erected at Third Creek, on the South Yadkin, and on such other Duty and Service, in Defence of the Frontier, as the Governor or Commander in Chief for the Time being shall direct.

II. And be it Enacted by the Authority aforesaid, That the Officers and Soldiers of the said two Companies, during the time of their continuing in pay, shall be found and provided with convenient and suitable Clothing and Subsistence, and be allowed and paid the following Pay, per Diem, that is to say, A Captain, Seven Shillings and Six Pence; a Lieutenant, Five Shillings; an Ensign, Four Shillings; a Surgeon, Four Shillings; a Sergeant, Two Shillings; a Corporal, One Shilling; a Drummer, One Shilling, and every Private Soldier Eight Pence, Proclamation Money; And such Allowance or Pay shall, by the Publick Treasurer, be paid by the Governor's Warrant to the respective Captains or Officers of the aforesaid Companies, ordered by the aforesaid Captains to receive the same, once every Quarter, according to the Muster Roll of each Company, to be returned to the said Treasurer upon Oath; and after such pay shall be received by such Captain or Officer, if such Captain or Officer, having received the Soldiers' Pay, shall refuse to pay each respective Non-commissioned Officer and Soldier their respective pay once every Month, when it shall become due, at the Rates before mentioned, he shall be forthwith dismissed from his Command and forever rendered incapable of serving in any Post or Office in this Province.

III. And be it further Enacted by the Authority aforesaid, That the said two Companies may be continued and kept in pay from the Tenth Day of November next after the Passing of this Act until the Tenth Day of November, which will be in the Year of our Lord. One Thousand Seven Hundred and Fifty Seven, if necessary for his Majesty's Service, and no longer.

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IV. And whereas, there is not at present Money in the Treasury out of which the Sum herein granted to his Majesty can be raised, Be it Enacted by the Authority aforesaid, That a Poll-Tax of Two Shillings be and is hereby laid on each taxable Person within this Province for the Year next ensuing; which shall be by the Sheriffs of the several Counties collected, accounted for and paid to the Treasurers of the respective Districts, at the same Time and in such Manner and under the like Penalties as is by Law directed for the collecting and accounting for and paying other publick Taxes, and applied as is hereinafter directed.

V. And be it further Enacted by the Authority aforesaid, That an additional Duty of Two Pence per Gallon be laid on all Wines, Rum and other Spirituous Liquors to be imported into this Province, for and during the Space of one Year from the Passing of this Act, which Duty shall be collected, accounted for and paid by the Collectors of the several Ports, to the Treasurers of the Districts to which the said Ports respectively belong, and applied as hereinafter directed.

VI. And in the present Exigency, to supply the Place of Money to answer the Purposes intended by this Act, Be it Enacted by the Authority aforesaid, That John Starkey, Esquire, be, and he is hereby impowered and directed, to sign publick Notes of Credit to the Amount of the aforesaid Sum of Three Thousand Four Hundred Pounds; the largest of which shall not be for more than Fifty, nor the smallest for less than Five Pounds; which Notes, by their Tenor, shall entitle the Possessors thereof from the Dates they shall respectively bear, to be paid the Sums in the same mentioned out of the public Treasury, with lawful Interest, on the Tenth Day of November, which will be in the Year of our Lord One Thousand Seven Hundred and Fifty Seven.

VII. And be it further Enacted by the Authority aforesaid, That the said John Starkey, on the Tenth Day of November next after the Passing of this Act, and as often afterwards as required, until the said Public Notes of Credit amounting to the said Sum of Three Thousand Four Hundred Pounds, be by him paid, shall make Payment in such Notes to the Amount of such Sum or Sums as the Governor or Commander in Chief for the Time being shall direct, to such Person or Persons as he shall appoint to receive the same; who shall, when required, be accountable to the Assembly for all such Notes as he or they shall receive by such Appointment: And the said Notes shall be dated at the Times on which they shall respectively be paid to the Person or Persons so to be appointed to receive them by Order of the Governor or Commander in Chief as aforesaid. Provided nevertheless, That it is the true Intent and Meaning of this Act that all Payments to be made in the said Notes or in Money, for which the same may be exchanged, shall be made to the said Captains, for the Use of their Companies, and to such other Person or Persons as shall be employed by the Governor to procure Materials and Necessaries for to build the said Fort, and not to any other Person or Persons, without their Direction, for the respective Purposes aforesaid.

VIII. And be it further Enacted by the Authority aforesaid, That the said public Notes of Credit shall and may be disposed of, as the Governor or Commander in Chief for the Time being shall think most expedient for his Majesty's Service in defraying the Expence of buying Materials and procuring Necessaries and for building the Fort by this Act intended to be built, and for raising, subsisting and paying the Companies hereby directed to be raised, or in exchanging the same for the Current Money of this Province, to be applied to the Purposes aforesaid.

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IX. And be it further Enacted by the Authority aforesaid, That the Possessors of the said public Notes of Credit, at the Expiration of one Year from the Tenth Day of November next after the Passing of this Act, shall be intituled to the Principal and Interest due by the Tenor thereof, in Proclamation Money, to be paid out of the public Treasury: And the Treasurers are hereby directed and required out of the Money which they shall receive by virtue of this Act to pay all such Sums of money as shall be due thereon, and to take in the said Notes, that they may be produced to the Assembly, in order to be burnt.

X. And be it further Enacted by the Authority aforesaid, That all public Notes of Credit, to be signed and paid by the said John Starkey as is herein before directed, shall, within six Months after the Time they become payable, be presented to the public Treasurers, or one of them, for Payment: and the Possessors thereof, failing to present them as aforesaid and demand Payment thereof, shall ever after be barred and precluded from any Demand or Claim on the Public on Account of the same.

XI. And whereas, by an Act of Assembly, intituled, “An Act for granting to his Majesty the Sum of Forty Thousand Pounds in Public Bills of Credit, at the Rate of Proclamation Money, to be applied towards defraying the Expence of raising and subsisting the Forces of his Majesty's Service in this Province to be sent to Virginia, and for other Purposes therein mentioned,” it was, amongst other Things, Enacted, That Twelve Thousand Pounds, Proclamation Money, should be applied to the enlisting, subsisting and paying of Forces designed for the Assistance of Virginia against the French and Indians: And, Whereas, after paying the whole Expence of inlisting, subsisting and paying the Forces, which were in Consequence of the said Act employed in the Service aforesaid, there remained the Sum of One Thousand Pounds, which Surplus has not been hitherto appropriated to any Purpose whatsoever: Be it therefore Enacted by the Authority aforesaid, That the said One Thousand Pounds be and is hereby appropriated towards defraying the Expence of erecting the Fort herein before directed to be built, and of raising, paying and subsisting the Companies by this Act intended to be raised; and shall be applied to those Purposes in such Manner as the public Notes of Credit, or Monies for which the same may be exchanged, are, by the Direction of this Act, to be applied.

XII. And be it further Enacted, by the Authority aforesaid, That if the Poll-Tax and Duty on Liquors, hereinbefore imposed and laid, and the said Sum of One Thousand Pounds, the remaining Surplus of the Money appropriated for paying the Forces sent to the Assistance of Virginia, as aforesaid, shall amount to more than will answer the Purposes intended by this Act, whatever shall remain shall be applied towards defraying the contingent Charges of Government, and to no other Use or Purpose whatsoever.

XIII. And be it further Enacted by the Authority aforesaid, That if any Person shall forge or counterfeit any of the public Notes of Credit in this Act directed to be signed, as is herein before mentioned, or pass or transfer the same, in Exchange or Payment, Knowing them to be forged or counterfeited, the Offender being thereof lawfully convicted, shall be adjudged a Felon, and suffer as in Cases of Felony, without Benefit of Clergy.

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CHAPTER II.
An Act for the better Regulation of the Militia, and for other Purposes.

Whereas, the Militia of this Province requires to be well disciplined in their Duty, for the Defence of the Country against the common Enemy at this critical Juncture;

I. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That all Freemen and Servants within this Province, between the ages of Sixteen and Sixty, shall compose the Militia of this Province; and that the several Captains of the same shall, within three Months next after the Passing of this Act, and so annually, enroll the Names of all such Freemen and Servants, of which their several Companies shall consist, and return a Copy thereof to the Colonel of their respective Regiments, to which they belong, under a Penalty of Ten Pounds, Proclamation Money; to be levied, accounted for, and applied as is herein after directed: Which Copy, so returned, shall, by every Colonel, be returned to the Governor or Commander in Chief for the Time being, under the like Penalty to be recovered. And that all Persons after having been so enrolled, who shall, at any Time hereafter (unless rendered incapable by Sickness or Accident) neglect or refuse, when called upon, to appear at such Times and Places where they are ordered by the Colonel or Commanding Officer, there to be mustered, trained and exercised in Arms, and be provided with a well fixed Gun, and a Cartridge Box, and a Sword, Cutlass or Hanger, and have at least nine Charges of Powder and Ball, or Swan Shot, and three spare Flints, and a Worm and Picker, shall forfeit and pay for his Non-Appearance or Want of being accoutred as aforesaid, the Sum of Ten Shillings, Proclamation Money, to be levied and applied as other Fines in this Act are directed. Provided, That no Member of his Majesty's Council, no Minister of the Church of England, no Justice of the Supreme Courts, no Member of Assembly, Secretary, Attorney-General, practising Attorney or Commissioned Officers which have served in the Army, no Justice of the Peace, no Clerks of the Court of Justice, practicing Physician, Surgeon, Overseer having the care of Taxable Slaves, or Ferryman, except such of the said Persons as bear any Military Commission, shall be obliged to inlist themselves or appear at such Musters as aforesaid.

II. And be it Enacted by the Authority aforesaid, That in Case of any Invasion of this Province, or Expedition to be carried on against an Enemy within the Province, it shall be lawful for the Governor or Commander in Chief for the Time being, or any Field Officer by him directed, to raise all, or so many of the Militia, as shall be thought necessary for opposing such Invasion, or supporting such Expedition and the Militia so raised and assembled, shall perform such Duty and Service as they shall be required to do by their commanding Officers. And it is hereby required and directed, the said Militia shall appear furnished with Arms, Ammunition and Accoutrements, as aforesaid; and every Person on such Duty or Service (except as before excepted) on a Call or an Alarm Given, to appear at such Times and Places as shall be appointed by his Captain or other Officer, who shall refuse to march against the Enemy, when commanded, or refuse or neglect to do his Duty, or perform the Service he is put upon by such Captain or other Officer, shall be punished according to the Nature of their Offence, by the Rules and Orders of the Martial Law: And in Case any Enemy make any March or Encroachment upon this Province, in order to surprise, pillage, or distress the Inhabitants of this Province, it shall and may be lawful for any Field Officer, or Captain of the Militia of this

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Province, to call upon the Militia of the County, or Company under his command (except those before excepted) to mount Guard, march against the Enemy, or do any other Duty or Service the Defence of the Country may require, and give and continue the Alarm as occasion may happen; and all Persons liable to obey such Command, on Refusal or Disobedience to their Officer or Officers, shall be tried and punished by a Court Martial, composed of not less than Five Officers.

III. And be it further Enacted by the Authority aforesaid, That the several Officers of the Militia, and the Men, when on Duty, and in the actual Service of their Country, shall, from the Day they are ordered on Duty, be paid according to the Rates following; that is to say

£ s. d.
A Colonel, per Day 0 12 6
A Lieutenant Colonel 0 10 0
A Major 0 10 0
A Captain 0 7 6
An Adjutant 0 7 6
A Lieutenant and Surgeon, each 0 5 0
An Ensign 0 4 6
A Serjeant 0 4 0
A Corporal and Drummer, each 0 3 6
A Private Man 0 2 8

IV. And be it Enacted by the Authority aforesaid, That if any Person shall be disabled in the Service of his Country, so that he cannot acquire a Livelihood, he shall have a good Negro Man purchased and given him, at the Public Charge, for his Maintenance; and if any Man shall be killed in the said Service, leaving behind him a poor Wife or Family, the same Provision shall be made for her or them.

V. And be it Enacted by the Authority aforesaid, That if any Soldier shall resist his commanding Officer, or refuse his lawful Commands when on Muster, or any other Duty, such Soldier shall be punished at the Discretion of his Officer, by being tied Neck and Heels, not exceeding ten Minutes, picketed, or riding the Wooden Horse; and if any Officer or Soldier shall refuse to carry such Commands into Execution, he or they so offending, shall forfeit and Pay the Sum of Five Pounds, Proclamation Money, to be levied and applied as other Fines mentioned in this Act. And if any Soldier upon Duty or on Service, shall quit his Post, desert his Colours, or mutiny, it shall and may be lawful, for one Field Officer or more, Four Captains, Four Lieutenants, Four Ensigns, or the Majority of them, with One Field-Officer, openly to hold a Court-Martial, first taking the following Oath: You shall well and truly try and determine, according to your Evidence, in the Matter now before you, between our Sovereign Lord the King's Majesty, and the Prisoner to be tried. So help you God. And on Trial and Conviction, to punish the Offender or Offenders according to Martial Law, as the Nature of the Offence may require: And for Want of such Number of Officers to compleat a Court-Martial, the Offender shall be kept under a Guard until such Time as there are a sufficient Number of Officers to hold a Court-Martial as aforesaid.

VI. And be it further Enacted by the Authority aforesaid, That the Colonels of each and every Regiment, shall, once in every Year, cause a general Muster to be made of their respective Regiments, at such Times and Places within the several Counties as they shall think proper to appoint; which if any of them shall neglect to do, and fail personally to appear at

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such Musters, Sickness or Accident Excepted, he or they so offending, shall forfeit and pay the Sum of Twenty Pounds, Proclamation Money, to be recovered and applied as other Fines herein mentioned.

VII. And be it Enacted by the Authority aforesaid, That every Captain of a Company, shall, five Times Every Year, at such Times and Places, within their Several Districts, as their respective Colonels shall appoint, muster his Company, and see that every soldier in his Company be furnished with such Arms, Ammunition and Acoutrements, as in and by this Act is directed, under the Penalty of Five Pounds Proclamation Money, for each Muster he shall neglect, to be levied and applied as hereafter is directed; And that each and every Company belonging to the several Regiments of the Militia, shall consist of not less than Fifty Private Men, one Clerk, three Serjeants, three Corporals, and one Drummer.

VIII. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the Governor or Commander in Chief for the Time being, to appoint a Troop or Troops of light Horse, in any County of this Province; which Troop or Troops, so appointed, shall be exempt from mustering in' any of the Foot Companies within their several Counties, and shall be mounted on Horses not less than fourteen Hands high, and accoutred with a good Case of Pistols, a Carabine, with a Swivel, Belt and Bucket, a broad Sword, and Cartridge Box, with twelve Charges of Powder and Ball, all of his own Property, and subject to muster as many Times, as well with Regard to private Musters, as to the General Muster of the County, and under the same Penalties, as in and by this Act is before directed for the Foot to muster.

IX. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the Field Officers and Captains of every County, or the major Part of them, whereof, the Colonel, Lieutenant-Colonel, or Major shall be one: and they are hereby required to meet at the Court-house or Place of general Muster of their Counties, respectively, on the Days next following the respective general Musters, which shall be in their Counties, then and there to hold a Court-Martial; which said Court shall have full Power to adjourn, from Day to Day, not exceeding three Days, and enquire into the Age and Abilities of all Persons inlisted, and to exempt such as they judge incapable of Service; and of all Neglects and Omissions, as well by any Officer as Delinquent, returned by the Captains and other Officers for Absence from Musters, or appearing without Arms and Accoutrements as by this Act required; and to order the Fines inflicted by this Act to be levied upon such Officers and Delinquents, as shall not then and there make out some just and reasonable Cause for not complying with their Duty; and to order and dispose of all such Fines, in the first place for buying Drums, Trumpets, Colours, and other Necessaries for the Use of the Company from whence the same shall arise, and afterwards for supplying the Militia with Arms: And the said Court is hereby directed and required to keep a Register of all their Proceedings, and for that Purpose to appoint a Clerk, and to allow him a reasonable salary out of the said Fines; and after the holding of every such Court, the Clerk shall make out Copies of their Orders, and deliver the same, within one Month next following such Court, to the Sheriff of the County, who is hereby impowered and directed to demand and receive the Sums therein charged, of the Persons made chargeable therewith; and in Case of Non-Payment on or before the First Day of May then next following, to levy the same by Distress and Sale of the Goods of the Party refusing, according to the Laws now in Force for enabling the sale of Goods destrained for Public and County Taxes; which

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said Fines the Sheriff shall account to the said Court for, at the next Court after the first Day of May, yearly, after deducting Five per Centum for collecting the same, under the like Pains and Penalties, Rules and Restrictions, as for not accounting for public Taxes.

X. And be it further Enacted by the Authority aforesaid, That every Colonel (if a Resident of the County) failing to appear at any General Muster, or such Court as aforesaid, shall, for every such Offence, forfeit and pay the Sum of Five Pounds; and every Captain failing to appear at the said Court, shall forfeit and pay for every failure, Three Pounds, except rendered incapable by Sickness or other Accident: And every Captain, or in his Absence, the next commanding Officer, shall return to the said Court, on Oath, a List of the Persons who shall not appear at the respective Musters to which they shall be called, or shall appear thereat without their Arms or Accoutrements as aforesaid, under the Penalty of Ten Pounds; which said Fines, respectively, shall be assessed and collected as other Fines in this Act, and applied in supplying the Poor of the County with Arms: And every Clerk of such Court failing to deliver Copies of the Orders of the said Court to the Sheriff of the County, within the Time herein before limited, shall forfeit and pay Fifty Pounds; one Half to him or them, who shall sue for the same, and the other Half to the Use of the Poor of the County, to be applied in purchasing Arms as aforesaid, to be recovered in the Supreme Court of the District wherein such Failure or Neglect shall happen, by Action of Debt, with Costs.

XI. And be it Enacted by the Authority aforesaid, That each and every Captain of a Company shall procure a Copy of this Act, and be allowed for the same out of the Fines aforesaid; and shall cause the said Act to be read at the Head of his Company, at least twice a Year, under the Penalty of Five Pounds, Proclamation Money, to be recovered, levied, and applied as aforesaid.

XII. And be it further Enacted by the Authority aforesaid, That this Act shall be and continue in Force, for and during three Years, and from thence to the End of the next Session of Assembly.

XIII. And be it further Enacted by the Authority aforesaid, That from and after the Passing of this Act, all and every other Act and Acts for the Regulation of the Militia of this Province, and all Matters and Things therein contained, are hereby repealed and made null and void.

CHAPTER III.
An Act to amend an Act, for establishing the Supreme Courts of Justice, Oyer and Terminer, and General Gaol Delivery of North Carolina.

I. Whereas, the Inhabitants of one and the same District, suing and impleading each other in any other Supreme Court than that of the District wherein they both live, is become a Grievance; for Remedy whereof,

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That when any Suit or Suits shall hereafter be commenced in any of the Supreme Courts of Justice in this Province, and the Plaintiff and Defendant shall both be Residents of the same District, such Suit or Suits shall be brought to the Court of the District wherein they dwell; and if any Plaintiff or Plaintiffs shall bring any such Suit to any other Court, or Purpose to evade this Act, such Suit may be abated by the

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Defendant, with the Costs; any Law, Usage, or Custom to the contrary notwithstanding.

III. And whereas, from a Misconstruction of an Act, intituled, An Act to provide indifferent Jurymen, in all Causes Criminal and Civil, and for an Allowance for the Attendance of Jurors attending at the Supreme Courts; it has been doubted, in Case any County Court should omit to nominate Jurors, or the Sheriffs neglect to summon, or the Jurors nominated and summoned should fail to attend at the Supreme Court of the District, whether such Supreme Court can order Bystanders to be impannelled as Jurors, instead of such who are absent thro' any such Omission or Neglect as aforesaid; It is hereby declared, and the true Intent and Meaning of the said Act is, That in any of the Cases aforesaid; the Supreme Court shall and may, and are hereby required to cause a sufficient Number of the By-standers, being Freeholders, to serve on the Grand and Petit Juries, instead of such Jurors so neglected to be nominated or summoned, or failing to attend.

IV. And be it further Enacted by the Authority aforesaid, That no County Court, or Grand Jury, shall nominate any Overseer of Negroes to serve as a Grand or Petit Juror in any of the Supreme Courts of Justice within this Province; any Law or Usage to the contrary, notwithstanding.

CHAPTER V.
An Act for the Punishment of Mutiny and Desertion, and Preventing the Harboring and Entertaining of Deserted Soldiers.

I. Whereas, the raising and keeping a Number of Forces on the Frontier of this Province, to prevent the Subjects of the French King and His Indian Allies from making Incursions into the same during the Present War, is Judged Prudent and Necessary.

II. 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, all Officers and Soldiers heretofore raised, or which hereafter shall be raised in this Province for the service of His Majesty, who have received pay or have been duly Listed in His Majesty's Service, That shall begin, Excite, Cause or Join in any Mutiny or Sedition, in the Company whereto he doth belong, or any other Company in His Majesty's Service, and shall not use his utmost endeavors to suppress the same, or coming to the knowledge of any Mutiny or intended Mutiny shall not, without Delay, give notice to His Commanding Officer, or shall Desert His Majesty's service, or shall leave his post before Relieved; or if any Officer or Soldier in His Majesty's service as aforesaid, shall hold correspondence with any Enemies of His Majesty or give them Advice or Intelligence either by Letters, Messages, Signs, or Tokens in any manner of way whatsoever, or shall treat with such Enemies or enter into any Condition with them without the Licence of the Governor or Commander in Chief for the time being, or shall strike or use any Violence against his Superior Officer, being in the Execution of his Office, or shall disobey any Lawfull command of his Superior Officer, all and every person and persons so offending in any of the matters aforementioned shall suffer Death, or such other punishment as by a General Court Martial shall be inflicted.

III. And be it further Enacted, by the Authority aforesaid, That the Governor or Commander in Chief for the time being, may from time to time Grant a Commission under the Great Seal of this Province to any Officer (not under the Degree of a Field Officer, where a Field Officer

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can be had) for holding a General Court Martial, in which Courts Martial all the offences above mentioned and all other offences hereinafter specified shall be tried and proceeded against in such manner as by this Act is directed.

IV. And be it further Enacted, That it shall and may be Lawfull to and for such Courts Martial by their Sentence or Judgment, to inflict Corporal Punishment; not extending to Life or Member, on any Soldier for Immorallitys, Misbehaviour or neglect of Duty.

V. And it is hereby further Enacted and Declared, That no General Court Martial, which shall have power to sit by virtue of this Act shall consist of less in Number than Thirteen whereof none to be under the Degree of a Commissioned Officer, and the President of such General Court Martial shall not be under the Degree of a Field Officer, unless where a Field Officer cannot be had, in which case the officer next in Seniority, not being under the Degree of a Captain, shall preside at such Court Martial, and that such Court Martial shall have full power and Authority, and are hereby Required and Directed to Administer an Oath to every Witness produced on the Examination or Tryal of any of the offences hereinbefore mentioned.

VI. And be it further Enacted, That if there shall not be a sufficient number of Officers in the actual Service of His Majesty to hold such General Court Martial as aforesaid, it shall and may be Lawfull for the Governor or Commander in Chief to Nominate, appoint and Join with such Officers, so many of the Militia Officers of this Province (none of which shall be under the Degree of a Captain) as shall be sufficient to make up the number aforementioned.

VII. Provided always, That in all Tryals of Offenders by General Court Martial, to be held by Virtue of this Act, every Officer present at such Tryal before any Proceedings be had thereupon shall take the following Oaths, to-wit: I, A. B. do swear that I will well and Truly Try and Determine according to the Evidence on the matter now before me between our Sovereign Lord the King, His Majesty and the Prisoner to be tryed. So Help me God. I, A. B., do swear that I will Duly Administer Justice according to An Act of Assembly now in force for the Punishment of Mutiny and Desertion and preventing the harboring and Entertaining of Deserted Soldiers, without partiality, favor or Affection. And I further Swear, that I will not Devulge the Sentence of the Court untill it shall be appointed by the Governor and Commander in Chief, neither will I disclose or Discover the Vote or Opinion of any particular Member in the Court Martial unless to give Evidence thereof as a witness in a Court of Justice in a Due Course of Law. So Help me God. Which said Oaths the President of the Court is hereby authorized, Impowered and Required to Administer to the respective Members of the same; and when he shall have so done the said Members shall Administer the said Oaths to such President.

VIII. And be it further Enacted, that no sentence of Death shall be given against any Offender in any case whatever unless Nine Officers present in such Court shall concur therein.

IX. And be it further enacted, by the Authority aforesaid, That the President Officiating as such at any General Court Martial shall, and is hereby required, to transmit with as much expedition as may be, a fair copy of the Proceedings and Sentence of such Court Martial to the Governor or Commander in Chief for the time being, to be by him carefully kept and preserved. Provided nevertheless, that no Sentence of the said Court Martial, where the same shall extend to Life or Member, shall be carryed

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into Execution until the Governor or Commander in Chief shall approve thereof, and shall have Issued His Warrant under his Hand and the Seal of this Province for that Purpose. Provided always, that nothing in this Act contained shall be construed to extend to or concern the Militia Forces of this Province.

X. And be it further enacted, by the Authority aforesaid, That any Soldier who shall hereafter Desert from his Majesty's Service may be taken up or secured and brought before a Justice of the Peace for the County where taken, and by his Warrant Committed to the next Constable, and Conveyed from Constable to Constable 'till he be delivered to the Captain of the Company from whence he Deserted; and the Constable so Delivering him shall take a Receipt from such Captain for such Deserter. And the Taker up shall be Intitled to a Reward of Twenty Shillings for every such Deserter taken up Ten Miles or under from the place where the Company to which he belongs is quartered or encamped, or Forty Shillings if above Ten Miles, to be paid by such Captain, and reimbursed him out of the Pay of such Deserter. And the Justice before whom such Deserter shall be carried, shall grant a Certificate to the Taker up, reciting his Name, the Name of the Deserter and the Captain of the Company to which he belongs, the place where taken up, whether it was ten miles, or more or less, from the place of Encampment or Quarters of the said Company, and that the taker up made Oath before him to the place of taking, which reward for taking up as aforesaid, shall be paid by the Captain of such Deserter upon the Certificate aforesaid being produced, or may be Compelled thereto by a Warrant from any Magistrate. And if any Deserter shall refuse to tell the name of the Captain or Company to which he belongs he shall be Committed to Gaol until he Declares the same.

XI. And be it further Enacted, by the Authority aforesaid, That any Constable charged with conducting any Deserter shall, and may, and is hereby Impowered to Impress Aid and Assistance for the Safe Conducting of him, and if he shall willingly or negligently suffer him to escape, such Constable or Officer shall pay the Sum of Ten Pounds, Proclamation Money for every such offence. And that if any ordinary Keeper or any other person whatsoever shall at any time entertain, harbor or conceal any Deserter, knowing him to be such, or shall Buy, take and Receive from him any of his Majesty's Arms, he shall for every such offence forfeit and pay the sum of Ten pounds, Proclamation Money. And if any Magistrate shall know or be informed of any Deserter as aforesaid, being in his County, he shall forthwith issue his Warrant for the Apprehending of him, under the Penalty of Twenty Pounds Proclamation Money; One Moiety of which said several fines and Forfeitures shall be to the use of 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 him or them who shall sue for the same; Recoverable with Costs by Action of Debt or Information in any County Court.

XII. And be it further Enacted, by the Authority aforesaid, That if upon Examination of such Deserter it shall appear that he belongs to any Regiment in any other Province, then and in that Case the Magistrate before whom he is brought shall commit him to the Prison of his County, and give intimation thereof to the Governor or Commander in Chief for the time being, who is hereby Impowered and required to order such Deserter to be Conveyed to such Regiment as soon as it can be conveniently done. And in such case the charges of taking up, Imprisoning and Conveying such Deserter as aforesaid, shall be borne by the Publick.

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XIII. And be it further Enacted, That this Act shall continue and be in force from and after the Passing thereof, for and during one Year, and from thence till the end of the next Session of Assembly, and no longer.

CHAPTER VIII.
An Act for Laying a Tax for repairing the Court House in Edenton.

I. Whereas, the Court House in Edenton whereat the Supreme Court for the Countys of Currituck, Pasquotank, Perquimons, Chowan, Bertie and Tyrril, is by Law Directed to be held, is in a ruinous Condition and great Decay; wherefore, that the same may be Decently repaired.

II. Be it Enacted, by the Governor, Council and Assembly, and by the Authority of the same, That a poll Tax of Eight pence per Taxable be laid on each Taxable person in the County of Chowan for two years next Ensuing, which Tax shall be Collected by the Sheriff of the said County, in the same manner and at such time as Publick Taxes are by Law Directed to be Collected, and by him Accounted for and paid to the Commissioners appointed for erecting an Office and Prison at Edenton, aforesaid; And shall be by them applied to the repairing the said Court House in a neat, Decent and Workmanlike manner.

III. And whereas, a Tax has been laid on the Countys of Currituck, Pasquotank, Perquimons, Chowan, Bertie and Tyrril, for Erecting an office and Prison in Edenton,

IV. Be it Enacted, by the Authority aforesaid, That if any Surplus shall remain after the said Office and Prison shall be Built, such Surplus shall be, with the Tax hereby laid, applied towards repairing the said Court House.

V. And be it further Enacted, by the Authority aforesaid, That the Commissioners aforesaid shall, with all Convenient speed, Cause the said Court House to be repaired as aforesaid, and on Oath, thereafter render an account of the Monies by them received by Virtue of this Act, together with that of their Disbursements, to the County Court of Chowan.

CHAPTER XV.
An Act to limit the Time for holding County Courts, and other Purposes.

I. Whereas, by an Act of Assembly passed in the Twenty-Eighth Year of his Present Majesty's Reign, intituled, An Act for establishing County Courts, for enlarging their Jurisdictions and settling the Proceedings therein; it is, amongst other Things Enacted, That the Justices of the Courts may adjourn from Day to Day, until all Causes and Controversies depending before them shall be determined or otherwise continued, which is found to be detrimental:

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the Justices of the said County Courts, respectively, may continue to hold the said Courts five natural Days, exclusive of Sundays, and no longer; at the End of which Time, if the Causes and Matters depending before them shall not be finally determined, the same shall be continued to the next succeeding Court.

III. And whereas, by the afore-recited Act it is Enacted, That all Debts above the Value of Twenty-five Shillings, Proclamation Money, and of less Value than Five Pounds, like Money, shall be sued for by Petition, and

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finally determined without the Solemnity of a Jury, and the Defendant not being obliged to give Bail, in many Instances has been found injurious to the Creditor; Be it further Enacted by the Authority aforesaid, That from and after the Passing of this Act, when any such suit shall be Prosecuted for any such Debt, upon the Prosecutor's making Oath before some Justice of the Peace that the Defendant has no visible Estate whereon to serve an Attachment, and that he greatly suspects he will convey himself out of the County; on the making such Oath the Clerk shall certify on the Back of the Petition that such Oath was made, then and in such Case only, the Defendant shall be held to Bail, as is usual when the Proceedings is by Writ; and upon final Determination thereon, if Judgment shall be against the Defendant, the Court shall award Execution for the Sum recovered, and Costs, with this additional Fee of One Shilling, Proclamation Money, to the Officer for taking and returning a Bail Bond as aforesaid, directing the Sheriff to take the Body of the Defendant, if to be found, and if the Defendant is not to be found, that he levy the Sum recovered on the Goods and Chattels of the Bail; any Law, Usage or Custom to the Contrary, notwithstanding.

CHAPTER XVIII.
An Act to impower the Sheriff of Granville, and the Collector of the Taxes of St. John's Parish, to collect Public, County, and Parish Levies.

I. Whereas, from a combination amongst the persons lately Commissioned Justices for the County of Granville, there hath been no Magistrates qualified to receive the List of Taxables therein for the present Year, by reason whereof the Sheriff of the said County cannot make Distress for the Publick & County Levies nor the Collector of the Parish of St. John in the said County for the Parish Levy assessed by the Vestry thereof.

II. Be it therefore Enacted by the Governor, Council and Assembly and by the Authority of the same that it shall and may be Lawful for the said Sheriff of the County, and he is hereby required and directed, on or before the first day of May next, to collect and Receive of the several Persons listed by the Justices of the said County, in the year one thousand Seven Hundred & fifty five, the several sums wherewith the Taxable Persons of the said County stand chargeable the present year, and also for the Collector of the said Parish of St. John, in the said County, to collect and Receive of the said Persons the sum or sums by the Vestry of the said Parish assessed, or to be assessed, for defraying the contingent charges of the said Parish the said Present year, and in case of non-payment of the said Taxes by any Person listed as aforesd., on or before the first day of May next ensuing, it shall and may be Lawful for the said Sheriff and Collector to levy the same by Distress and sale of the Goods of the party neglecting, according to the Directions of the several Laws now in Force, Enabling the Sale of Goods Distrained for Public County & Parish Taxes. Provided nevertheless, that every person listed as aforesaid, his Executors or Administrators which shall, on or before the first Day of May next, appear before a Magistrate of Granville County aforesaid, and make Oath that the Number of his or her Taxables are decreased by Death or otherwise, since the time of being listed and obtain a Certificate thereof, such Oath and Certificate shall discharge every such Person from the Payment of said Taxes for the number of Taxables so proved to be decreased as aforesd.; anything herein contained to the contrary notwithstanding.

III. And be it further Enacted by the Authority aforesaid, That the said

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Sheriff and Collector respectively, shall on or before the Tenth Day of June next account for, and pay the several Taxes by them to be received by virtue of this Act, to the several Persons to whom the same are due and payable under the like Penalties as other Sheriffs and Collectors are subject to; and in case of refusal or neglect to pay the same at the Time aforesaid, the like Proceedings, Remedy and Relief, shall and may be had against the Sheriff and Collector respectively, as by Law is provided.

CHAPTER XIX.
An Act for adjourning the County Court of Beaufort, and other Purposes.

I. Whereas, in Pursuance of an Act of Assembly, intituled, An Act for ascertaining a proper Place for building thereat a Court-house, Prison Pillory, and Stocks, for the County of Beaufort, Edward Salter, John Hardy and William Spier, a Majority of the Commissioners in the said Act named, have caused to be erected, a Court-house, Prison, Pillory and Stocks, on the land of Thomas Bonner, Junior, on the North-Side of Pamplico River; and the Court of the said County have contemptuously refused to levy on the taxable Persons thereof, the Money by the said Commissioners contracted to be given for erecting the said Buildings, and also to adjourn the Court of the said County from Bath Town, where the same is now held, to the said Court-house, as by the said Act they are required:

II. Be it therefore Enacted by the Governor, Council and Assembly, and by the Authority of the same, That all Causes, Pleas, Writs, Actions, Suits, Plaints, Processes, Precepts, Recognizances, Indictments, Presentments, and other Matters and Things in the said Said County Court of Beaufort depending, from and immediately after the Passing of this Act, shall stand adjourned and continued, and are hereby adjourned and continued from the Court-house in Bath Town aforesaid, to the Court-house lately erected on the land of Thomas Bonner; and all Appearances and Returns of Process shall be made on the Day by Law appointed for holding the said Court, to the said Court-house; and all Suitors and Witnesses bound to appear thereat, in the same Manner as if the Justices of the said Court had adjourned the same according to the Directions of the said recited Act.

III. And for re-imbursing the said Commissioners the Money expended in erecting the said Buildings: Be it further Enacted by the Authority aforesaid, That a Poll Tax of Three Shillings, Proclamation Money, shall be levied on each Taxable Person within the said County of Beaufort; which Tax shall, on or before the first Day of May next, be paid to the Sheriff of the said County.

IV. And be it further Enacted by the Authority aforesaid, That all Persons in the said County, neglecting to pay the said Tax till after the aforesaid first day of May, to the Sheriff aforesaid, shall be liable thereafter to the same Distress as for Non-payment of other Taxes. And the said Sheriff of the said County shall, and is hereby required and directed, on or before the Tenth Day of June next, to account upon Oath, and pay to the said Edward Salter, John Hardy, and William Spier, the Survivors or Survivor of them, the Money which by Virtue of this Act he ought to receive of the said Taxable Persons of the County of Beaufort, after deducting five per Cent. for collecting the same, under the Penalty of Two Hundred Pounds, Proclamation Money, to be recovered by the said Edward Salter, John Hardy, and William Spier, the Survivors or Survivor of them, by Action of Debt, with Costs.

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V. Provided nevertheless, That if the Money so to be collected and paid by the said Sheriff of the County of Beaufort, to the said Edward Salter, John Hardy, and William Spier, shall amount to more than the Sum by them contracted to be paid for erecting the said Buildings, they shall account for and pay the Overplus thereof to the Justices of the said County of Beaufort, which by them shall be applied towards defraying the contingent Charges of the said County.

CHAPTER XXI.
An Act for Laying a Tax on the Inhabitants of the Parishes of St. Patrick and St. Stephen.

I. Whereas, by an Act of Assembly, passed this present Session intituled, an Act for dividing the Parish of St. Patrick, in the County of Johnson, into two distinct Parishes; the Vestry of St. Patrick's Parish, as it stood entire and undivided, from the Passing of the said Act, is dissolved and made void to all Intents and Purposes; which Parish is divided into two distinct Parishes by the names of St. Patrick and St. Stephen: And whereas, the said Vestry of the Parish of St. Patrick, as it before stood undivided, have not laid any Levy on the Taxable Inhabitants of the said Parish, for the current Year, to defray the contingent Charges thereof.

II. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That a Poll-Tax of Three Shillings and Four Pence, Proclamation Money, be levied on the Taxable Inhabitants of the said Parishes of St. Patrick and St. Stephen, and shall be collected by the Sheriff of the County of Johnson, and by him accounted for and paid in the same Manner as other Parish Taxes are, and applied towards discharging the contingent Charges, and the several Contracts entered into by the said Vestry of St. Patrick's Parish, as it stood before the passing of the before recited Act; And if any Surplus of the said Tax shall remain, after paying and discharging the contingent Charges and Contracts entered into as aforesaid, the same shall be divided between the said Parishes, in Proportion to the Number of Taxables therein, and paid to the Vestry and Church Wardens of the said Parishes, respectively; any Law to the contrary, notwithstanding.