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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1757
North Carolina. General Assembly
May 16, 1757 - May 28, 1757
Volume 25, Pages 345-349

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LAWS OF NORTH CAROLINA--1757.

At a General Assembly, began 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 Sixteenth Day of May, in the Year of our Lord One Thousand Seven Hundred and Fifty-seven: Being the Fourth Session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.
An Act for granting a further Aid to His Majesty for the Assistance of South Carolina, and the Defence of the Frontiers of this Province, and other Purposes.

I. Whereas, our Neighboring Province of South Carolina is threatened with a formidable Invasion from the French and Indians in their Interest and Alliance and our own Frontier much exposed in this Time of War and this Assembly being desirous to shew their Duty and Loyalty to His Majesty and to contribute such further Aid as the needy Circumstances of their Constituents will admit to enable his Excellency, the Governor, to furnish our Quota towards the Support of the Common Cause.

II. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That the Sum of five thousand three hundred and six pounds be granted to His Majesty, and that two Companies shall be raised and subsisted each of which said Company shall consist of one hundred men, exclusive of one Captain, two Lieutenants, and one Ensign, and one Surgeon, and one Adjutant, to both Companies, which Companies with all possible Dispatch shall March to South Carolina to be there Employed with the Troops in His Majesty's Service in the Defence of the Inhabitants of that Province from the hostile attempts of the French and their Indian Allies during the Time of their continuing in Pay, unless it shall be found necessary for His Majesty's Service that they shall be sooner employed in the defence of this Province in which case it shall and may be lawful for the Governor or Commander in Chief for the Time Being, to cause them to be withdrawn and employed in such manner as may be most conducive to that Purpose.

III. And be it further Enacted by the Authority aforesaid, That the Officers and Soldiers of the aforesaid two Companies to be raised by Virtue of this Act shall from the Time of their being Commissioned or Inlisted have, and receive the same pay and be under the same Discipline and Regulations with the other Officers and Soldiers appointed and raised for the same Service.

IV. And be it further Enacted by the Authority aforesaid, That the Forces to be raised by Virtue of this Act shall be found in suitable Cloathing and subsistance without any Deduction of their Pay for it and may be continued and kept in Pay six months, or longer if necessary, for His Majesty's Service.

V. And be it further Enacted by the Authority aforesaid, That if the Forces to be raised by Virtue of this Act, at the expiration of the Time herein directed for their Continuance in Pay shall be in South Carolina, they shall nevertheless be marched into this Province at the Public Expence

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and here discharged; anything herein contained to the Contrary notwithstanding.

VI. And that the Forces that are to March to South Carolina may be well paid and Cloathed. Be it Enacted by the Authority aforesaid, That the Governor or Commander in Chief for the Time being, shall by Warrant or Warrants under his hand directed to the Public Treasurer or Treasurers, of this Province, order and appoint the manner of remitting any Part of the Sum appropriated for the Service aforesaid, to such Person or Persons as he shall Judge proper, which Person or Persons so appointed, shall Act therein as by the Governor directed and be accountable for the Money by him or them received in Virtue of such appointment to the Governor, Council and Assembly.

VII. And to the End that the said two Companies may be compleated in the most expeditious Manner, Be it further Enacted by the Authority aforesaid, That the Officers to be appointed by the Governor or Commander in Chief for the Time being, to enlist the same, shall and are hereby impowered and directed as an Encouragement to Volunteers to advance and pay to every able bodied Man on his inlisting in the Service aforesaid the Sum of five Pounds over and above the pay to which he shall be intitled for his Service. And whereas, there is not at Present Money in the Treasury out of which the Sum herein granted can be supplied. Be it Enacted by the Authority aforesaid, That a Poll Tax of Four Shillings & Six Pence be, and is hereby laid on each taxable Person within this Province for one Year next ensuing which shall be collected by the Sheriffs of the several Counties and accounted for and paid to the Treasurers of the respective Districts at the same time and in the same Manner and under the like Penalties as is by Law directed, for the Collecting, accounting for, and paying other public taxes, and applyed as hereinafter is Directed.

VIII. And be it further Enacted by the Authority aforesaid, That on every Suit commenced by Writ in either of the Supreme Courts of this Province within two Years after the passing of this Act there shall be Taxed Seven Shillings and Six Pence to be paid by the Party which shall be cast more than the Office, Sheriff's and Attorney's Fees, and shall be Levied by the Sheriff who shall serve the Execution to be issued on the Judgment which shall be thereon given and by him paid to the Clerk who shall account on Oath and pay the same to the Treasurer of the District wherein such Suit shall be brought deducting six pr. Cent. for his Trouble and be applyed to the Exchanging the Public Notes of Credit directed by this Act to be made and issued. And in every Suit commenced by Writ in either of the County Courts within this Province, within the Time aforesaid, there shall be taxed to be paid by the Party who shall be cast five Shillings more than the Clerk's, Sheriff's and Attorney's Fees, and shall be levied by the Sheriff who shall serve the Execution to be issued on the Judgment which shall be thereon given and by him paid to the Clerk who shall account on Oath and pay the same to the Treasurer of the District wherein such Suit shall be brought deducting six pr. Cent for his Trouble and applyed as aforesaid.

IX. And be it further Enacted by the Authority aforesaid, That the several Clerks of the Supreme and County Courts within this Province, shall enter into Bond in the Sum of two hundred Pounds Proclamation Money with such Security as the Justices of each Supreme and County Court shall judge sufficient at the next Court after the passing of this Act for the faithful receiving, accounting for and paying the several sums of money by them to be received as by this Act is directed. And in the present Exegency to supply the Place of Money to answer the Purposes intended by

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this Act, Be it Enacted by the Authority aforesaid, That the Public Treasurer be and are hereby empowered and directed to sign joyntly public Notes of Credit to the amount of the aforesaid Sum of five thousand, three hundred and Six Pounds of the Denominations following, that is to say, Ten Shillings, Twenty Shillings, Forty Shillings, Five Pounds, which Notes by their Tenor shall intitle the possessor thereof from the Date they shall respectively bear to be paid the Sums in the same mentioned, out of the Public Treasury with Lawful Interest on the twenty-ninth Day of September in the Year of Our Lord one thousand seven hundred and fifty eight, if not before redeemed and no longer.

X. And be it further Enacted by the Authority aforesaid, That the said Public Treasurer so soon as may be after the passing of this Act, and as often after as ordered or required, until the said Public Notes of Credit amounting to the said sum of five thousand, three hundred and six Pounds be by them 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 Governor, Council and Assembly for all such Notes, he or they shall receive by such appointment, and the said Notes shall be dated at the Time they shall be paid to the Person or Persons receiving the same as aforesaid.

XI. And be it further Enacted by the Authority aforesaid, That the said Notes of Credit shall be disposed of as the Governor or Commander in Chief for the time being, shall judge most expedient for His Majesty's Service in Defraying the Expence of the Troops by this Act directed to be raised, or exchanging the same for the current Money of this Province to be applyed to the Purposes aforesaid.

XII. And be it further Enacted by the Authority aforesaid, That the Public Treasurers are hereby directed and required out of the Money they shall receive by Virtue of this Act to pay all such Sums of Money as shall be due thereon and from Time to Time take in the said Notes that they may be produced to the Assembly in Order to be burnt and shall have and receive for their Trouble and Expence in Printing, Signing, Emitting and Exchanging the said Notes two pr. Cent.

XIII. Be it further Enacted by the Authority aforesaid, That the Public Notes of Credit to be issued by Virtue of this Act as herein before directed, shall within Six Months after the Time they become payable, be presented to the Public Treasurers or either 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 upon the Public on Account of the same.

XIV. 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 herein before mentioned, or pass or transfer the same in exchange or payment, knowing them to be forged or Counterfeit the Offender being thereof Lawfully convicted shall be judged a Felon and suffer as in Cases of Felony without Benefit of Clergy.

XV. And be it further Enacted by the Authority aforesaid, That if the Poll Tax and other Tax herein before imposed and laid shall amount to more than will answer the purposes intended by this Act, whatsoever doth remain shall be applyed toward Defraying the Contingent Charges of Government and to no other use, Design or Purpose whatsoeevr.

XVI. And be it further Enacted by the Authority aforesaid, That the Fines and Forfeitures in this Act mentioned, shall be recovered by Action of

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Debt in any of the Supreme Courts of this Province, One half to the Prosecutor and the other half to and for the Use of the Public toward the Contingent charges thereof.

CHAPTER III.
An Act to revive an Act, to establish a Public Ferry from Newby's Point to Phelps's Point, whereon the Court-house now stands, on Perquimans River.

I. Whereas an Act of Assembly, intituled, An Act to establish a Ferry from Newby's Point to Phelps's Point, whereon the Court-house now stands on Perquimans River, passed in the Year of our Lord One Thousand Seven Hundred and Fifty-four, has been found to be of great Utility to the Public, but being temporary, and to continue in Force no longer than until the conclusion of this present Session of Assembly.

II. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That the said Act of Assembly, from and after the passing this Act, shall be and remain in Force during the Term of Five Years, and from thence to the End of the next Session of Assembly and no longer.

CHAPTER IV.
An Act for the finishing the Church in Wilmington.

I. Whereas, by virtue of an Act of Assembly passed in the year one thousand seven hundred and fifty one, intituled, An Act for building a church in Wilmington, in St. James's parish, in New Hanover county, certain commissioners therein named have received the taxes which were laid and the sums which were subscribed, or part of them, for and towards building the said church, and have caused part of the walls of the said church to be built, but have not, for some months, made any progress in the said work, nor have they rendered accounts of what money has been received and expended for the said building; in order therefore to finish the said church, to bring to account all those who have been concerned in receiving and paying money for the same, as well as those who are in arrear for the taxes and subscription, allotted to the said church;

II. Be it enacted by the Governor, Council, and Assembly, and by the authority of the same, that John DuBois, Cornelius Harnett, and George Wakely, Esqrs., or the majority of them, be, and are hereby constituted and appointed commissioners for finishing the said church, in the room and stead of the commissioners appointed in and by the Act herein before recited with full power and authority to them the said John DuBois, Cornelius Harnett and George Wakely, or the majority of them, to account with the former commissioners, or any of them who have received money and effects for the purpose aforesaid; and also, to bring to account every sheriff who is in arrear for parish taxes appropriated to the said church, and all persons who have neglected to pay the sums by them respectively subscribed: and if any former commissioner, the executors or administrators of any commissioners, any sheriff, or other person in arrear, or suspected to be in arrear as aforesaid, or having any money or materials, which have been appropriated for building the said church, in his or their custody, shall refuse or neglect, on request to him or them made, to account with the said John DuBois, Cornelius Harnett, and George Wakely, or the majority of them, upon oath, or to produce vouchers where the nature of the case requires,

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and to pay the balance by him or them respectively due; then upon such refusal or neglect, it shall be lawful for the Supreme Court at Wilmington, or for the county court of New Hanover, (where the sum is within the jurisdiction of that court) upon motion of the said John DuBois, Cornelius Harnett, and George Wakely, or the majority of them, to give judgment against such commissioner, sheriff, or other person or persons, for all the money wherewith he is, or they are chargeable, for the purpose aforesaid, and thereupon to award execution against the goods and chattels, lands and tenements, of such commissioner, sheriff or other person; provided that such commissioner, sheriff, or other person, shall have ten days notice of such motion.

III. And be it further enacted by the authority aforesaid, That the said commissioners, or the majority of them, shall every year, at the first meeting of the vestry of St. James's parish, after Easter Monday, render to the said vestry, upon oath, a fair and just account of all the money and effects they shall have received and expended by virtue of the trust hereby in them reposed and the said vestry shall transmit to the session of the General Assembly next after their said meeting, a duplicate of the said accounts, with their report thereon.

IV. And be it further enacted, That the said commissioners, or the majority of them, shall proceed in building and finishing the said church as far as the sums and materials they shall receive by virtue of this Act, will enable them; and in such building and finishing shall be guided by the directions of the vestry of St. James's Parish, which they shall from time to time receive.

CHAPTER V.
An Act for further continuing an Act Intitled an Act for the Encouragement of James Davis to Set up and Carry on his Business of a Printer in this Province, and for other Purposes therein mentioned.

I. Whereas, an Act, entitled, an Act for the Encouragement of James Davis to set up and Carry on his Business of a Printer in this Province, and for other purposes therein mentioned, passed at a General Assembly of this Province held at New Bern in the year of our Lord one thousand seven hundred and forty nine was made to Continue in force only for and during the Term of Five years from and after the passing thereof which said Act by an Act passed at Wilmington in the year of our Lord one thousand seven hundred and fifty four was further continued from the Expiration thereof, for and during the Term of Three years; which said above recited Act Expires with the end of this Session of Assembly; and whereas, it is found by experience that a Printing Office is of great utility to this Province and very much tending to the Promotion of useful Knowledge among the people thereof.

II. Be it therefore Enacted by the Governor, Council and Assembly, and it is hereby Enacted by the Authority of the same, That the said above recited Act continue and be in force from and after the Expiration thereof, for and during the term of Three Years, and from thence to the end of the next Session of Assembly and no longer.

Ratified May 28th, 1757.

ARTHUR DOBBS, Governor.
MATT. ROWAN, President.
SAML. SWANN, Speaker.