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Acts of the North Carolina General Assembly, 1758
North Carolina. General Assembly
April 28, 1758 - May 04, 1758
Volume 25, Pages 361-369

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LAWS OF NORTH CAROLINA--1758.

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-eighth Day of April, in the Year of Our Lord One Thousand Seven Hundred and Fifty-eight: Being the Sixth Session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.
An Act for granting an Aid to His Majesty for augmenting the Troops now in the pay of this Province to be joined with those under the Command of Brigadier General Forbes paying them whilst employed in the said Service and for placing Garrisons in the Forts on the Sea Coasts.

I. Whereas, his Majesty at a Considerable Expence to the British Nation hath been graciously pleased to send a great Naval Armament with numbers of Land Forces, to proceed in offensive operations against our cruel and perfidious Enemies the Subjects of the French King and their Indian Allies; thereby to secure his subjects of North America in the quiet enjoyment of their Religion, Liberties and Properties, and hath graciously invited his said subjects to join in that glorious undertaking, And this Assembly are desirous of demonstrating their Loyalty to his Majesty and Zeal for the common Cause of his Colonies on this Continent, in contributing, to the utmost that the Circumstances of this Country will admit, towards the effectual execution of the said Scheme,

II. Be it therefore Enacted by the Governor, Council and Assembly, and by the authority of the same that the sum of Seven Thousand Pounds be granted to his Majesty for augmenting the Troops now in the pay of this Province to three hundred effective Men exclusive of officers; and cloathing, paying and subsisting the said Troops when so augmented. Which said men shall be formed into three Companies and each Company have one Captain, two Lieutenants, one Ensign, one Chirugeon, four Serjeants, four Corporals & Two drummers; And shall be paid the following pay, to-wit: a Captain ten shillings and eight pence, a Lieutenant six shillings, an Ensign, five shillings, a Chirurgeon five shillings, a Serjeant two shillings, a Corporal and Drummer one shilling each, a private man eight pence P. diem; and each non-commissioned officer and private man eight pence P. diem for subsistence until they shall be joined with his Majesty's Regular Forces & the Troops of the other Colonies under the Command of Brigadier General Forbes; which sd. three Companies shall by order and direction of the Governor or Commander in Chief for the time being be marched or conveyed, as expeditiously as may be, to such place of rendezvous as the said General shall appoint and be imployed until the 12th day of December next ensuing, in the same Service and under the same Regulations and Discipline as the said Regular Forces and other Troops; And that the said Forces may be speedily augmented with serviceable men, Be it Enacted by the Authority aforesaid, That the sum of Ten pounds shall be given and paid, as a bounty, to each able Bodied Man who shall

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Voluntarily Inlist to serve His Majesty with the Forces now in the Pay of this Government under Command of the said General.

III. Provided nevertheless, That if the Campaign shall be ended before the said twelfth day of December and the necessity of keeping the said Companies in pay cease, it shall and may be lawful for the Governor or Commander in Chief for the time being to cause all or any part of the said Forces to be sooner discharged; anything herein contained to the contrary notwithstanding.

IV. And be it further Enacted by the authority aforesaid, That a poll tax of four shillings and six pence be levied on each taxable person in this Province to be collected for the Year one thousand seven hundred and fiftynine, by the Sheriffs of the respective Counties; and accounted for and paid to the Treasurers of the respective Districts, at the same Time, in such manner and under the like penalties as are by Law directed for the collecting, acounting for and paying other public Taxes.

V. And be it further Enacted by the authority aforesaid, That an Additional Duty of two Pence P. Gallon be laid on all wine and distilled liquors imported into this Province for and during the Space of four Years from the passing of this Act, which Duty shall be collected under the like Rules, Restrictions and Penalties as other duties on the said Liquors and 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 with the Poll Tax aforementioned be applied as hereinafter directed.

VI. And whereas, There is not money in the Public Treasury to answer the Purposes of this Act; Be it further enacted by the Authority aforesaid, That John Starkey and Thomas Barker, Esqrs., Public Treasurers, be and they are hereby Impowered and required to sign Public Notes of Credit to the amount of the aforesaid sum of seven thousand pounds, to-wit: one thousand of the denomination of forty, four thousand of twenty, and two thousand of ten shillings each; which notes by their Tenor shall intitle the possesors thereof to the sums in them, to be paid out of the Public Treasury with Interest from the Date they respectively shall bear; On the twelfth Day of December one thousand seven hundred and fifty-nine.

VII. And be it further Enacted by the Authority aforesaid, That the Treasurers so soon as conveniently may be after the passing of this Act, when directed, until the said sum of seven thousand pounds be paid, shall make payment in the said Notes, or in the Current Bills of this Province, for which they may exchange the same, to the amount of such sum and sums as the Governor or Commander in Chief shall order, to such person or Persons as he shall appoint to receive the same; who shall when required, account with the General Assembly, for all such sum & sums of Money as he or they shall receive by such order which Notes shall bear Date at the time they shall be paid or exchanged as aforesaid.

VIII. Provided nevertheless, That if the Governor or Commander in Chief for the time being can procure payment of the proportion, belonging to his Province, of the fifty thousand pounds Sterling, granted by the Parliament of Great Britain toward re-imbursing his Majesty's subjects in North and South Carolina and Virginia the expences they have been at in defending themselves against the encroachments of the Enemy during the present war the same shall be applied towards paying the three Companies hereinbefore mentioned, and in that Case the Governor or Commander in Chief shall order the public Treasurer to make payment in the said Notes of Credit of so much only as shall be sufficient to pay and satisfy the residue

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of the Disbursements in augmenting, cloathing, paying and subsisting the said Companies and placing proper Garrisons in the Forts on the Sea Coast; anything herein contained to the contrary notwithstanding.

IX. And be it further Enacted by the Authority aforesaid, That the said Public Notes of Credit or the Money for which they shall be exchanged in manner hereinbefore directed or so much thereof as shall be Necessary, shall be disposed of as the Governor or Commander in Chief for the time being, shall direct in augmenting the Forces now in the pay of this Province to the Number hereinbefore mentioned & in paying, Cloathing and Subsisting them when so augmented; and placing proper Garrisons in the Forts, Johnston and Granville, in such manner as the Governor or Commander in Chief shall think will prove most conducive to his Majesty's Service and by this Act is directed.

X. And be it further Enacted by the authority aforesaid, That the public Treasurers shall and they are hereby directed and required out of the Money which they shall receive for the Tax and Duties by this Act imposed to pay all such sums as shall be due on the said Notes of Credit to the possessors of the same and from time to Time take in the said Notes that they may be produced to the Assembly to be burnt; and shall have and receive for their Trouble and expence in printing, signing and paying the said Notes two P. Cent.

XI. And be it further Enacted by the authority aforesaid, That the said Public Bills of Credit shall within six Months after the aforesaid twelfth Day of December be presented to the public Treasurer or one of them for payment thereof, and the possessor of such Notes, failing to present them and demand payment within the said Time shall be for ever barred and precluded from any demand or Claim on the Public for the Interest accrued on such Notes of Credit.

XII. And be it further Enacted by the authority aforesaid, That if any Person shall forge or Counterfeit any of the said Notes of Credit 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.

XIII. And be it further Enacted by the authority aforesaid, That if the Tax and Duties by this Act imposed shall amount to more than will answer the purposes by this Act Intended the surplus shall be applied towards defraying the Contingent Charges of this Government in such manner as the General Assembly shall hereafter direct, and to no other manner or to no other purpose whatsoever.

XIV. And be it further Enacted by the Authority aforesaid, That the Public Notes of Credit by this Act directed to be signed and emitted in manner herein before specified and allowed every other Note and Notes of Credit heretofore signed and emitted by virtue of the Acts of Assembly of this Province shall and are hereby declared to be correct and a lawful Tender in all payments whatsoever wherein proclamation Bills are current or a lawful Tender.

XV. And Whereas, by Marching Forces now in the pay of this Province to join those under the Command of Brigadier General Forbes, The Forts of Johnston and Granville will be left without proper Garrisons to protect the Trade and the Navigation of this Province against attempts that may be made from the Enemy by Sea, Be it further Enacted by the Authority aforesaid, That a Company consisting of one Captain, one Lieutenant and Twenty five able bodied Men each to be Inlisted volunteers shall be and

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are hereby appointed a Garrison to each of the said Forts under the Command of the respective Captains which shall be appointed by the Governor or Commander in Chief for the time being from and after the Troops now in Garrison in the said Forts shall be marched or sent to the Northward until the twelfth day of December next, and shall be Cloathed in the same manner as other Forces inlisted in this Province; And shall be paid the following pay, to-wit: A Captain six shillings and eight pence, a Lieutenant five shillings and a private man eight pence P. diem and each private man shall be allowed eight pence P. Diem for subsistence.

Read three times and Ratifyed in Open Assembly the Fourth Day of May, 1758.

CHAPTER III.
An Act for altering the times for Holding the Courts in Northampton, Edgecombe, Granville and Orange Counties.

I. Whereas, the times by Law appointed for Holding Courts for the Counties of Northampton, Edgecombe, Granville and Orange are found to be Inconvenient.

II. Be it therefore Enacted by the Governor, Council and Assembly and by the Authority of the same that the Courts for the said Counties respectively shall be held on the days and times following (that is to say) Northampton on the first Tuesday in January, April, July and October. Orange on the second Tuesday, Granville on the third Tuesday and Edgecombe on the last Tuesday in March, June, September and December in every year.

III. And be it further Enacted by the Authority aforesaid, That no Process in any of the said Courts Depending shall be Discontinued for or by Reason of any such alteration of the times for holding the said Courts; And that all Suits, Process and Appearances on return of Process, Recognizances, Bonds and Obligations for appearance of parties, Summonses for Witnesses and all other matters and things in the said Courts respectively Depending shall stand Continued to the days and times by this Act appointed as Effectually as if the Days by this Act appointed had been Expressly mentioned therein; any Law, Usage or Custom to the contrary notwithstanding.

CHAPTER IV.
An Act to Confirm and Establish Several Vestries and other purposes.

I. Whereas, several Disputes and Controversies have arisen and are likely to subsist in many Parishes in this Province on Account of the Legality of the Times of holding the late Elections of Vestry-Men: For preventing the evil tendency whereof; Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That each VestryMan in this Province who hath been Elected upon proper Notice given by the Sheriff whether at an Election held on Easter Monday or within Twenty Days thereafter, shall be and is hereby Confirmed and Established a Lawful Vestryman and shall and may use and Exercise all the Powers and Authorities that a Vestryman can or ought to do, and shall, and is hereby reuired to proceed in the Duty of that office under the Rules and

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Restrictions, Pains and Penalties that Vestrymen by Law are required to observe and be subject to.

II. Provided nevertheless, That every Vestryman elected at any such Controverted Election who hath not already taken the Oaths of Government, Subscribed the Test and made the Declaration required to be taken and made by one Act of Assembly intitled, “An Act for Appointing Parishes and Vestries for the Encouragement of an Orthodox Clergy, for Advancement of the Protestant Religion and for the Direction of the Settlement of Parish Accounts,” shall take and make the same within two months after the passing of this Act, under the Pains and Penalties in the said Act specified. And from and after being qualified as aforesaid, shall be and hereby is declared a Legal Vestryman of the Parish for which he was elected.

III. And be it further Enacted by the Authorty aforesaid, That in each Parish wherein an Election of Vestrymen hath not been held on due Notice given by the Sheriff an Election shall be held within three Months after the passing of this Act; upon such Notice and under such Rules and Restrictions and Qualification of the Voters as is prescribed by the afore recited Act, and every person Elected at any such Election shall take the Oaths to his Majesties Person and Government, Subscribe the Test and make the Declaration by the said Act required under the Pains and Penalties therein mentioned. And from thenceforth shall be and hereby is Declared a legal Vestryman until the usual time of Electing Vestries.

IV. And be it further Enacted by the Authority aforesaid, That every Agreement and order by the Vestry of any Parish heretofore entered into or made or which shall hereafter be made or entered into; for making provision for a Minister to serve the Cure of the Parish; Supporting the poor, or defraying the Contingent Charges thereof, shall be and is hereby Declared good and Available against them and their Successors.

V. And be it further Enacted by the Authority aforesaid that from and after the first Day of December next the Election of Vestries for the Several Parishes in this Province shall be held on, or within thirty days after Easter Monday; in those Years in which such Electoins are appointed to be held; any Law, or Custom to the Contrary notwithstanding.

VI. And be it further Enacted by the Authority aforesaid, That when any Vestrymean shall hereafter happen to Dye or Remove out of the Parish for which he was Elected the Remaining Vestrymen or a majority of them shall and are hereby Directed and required to Elect another Vestryman instead of him so dying or removing who shall Qualify himself as by the aforesaid Act is required. And thereupon be invested with all the Powers and Authorities of a Vestryman.

VII. And be it further Enacted by the Authority aforesaid, That when any Collector of a Parish shall hereafter make Distress on the Goods and Chattels of any person chargeable with Parish Taxes, such Goods and Chattels shall not be sold, in less than three nor more than six Days after due notice Given of the Sale thereof by the Officers making such Distress.

CHAPTER V.
An Act for discontinuing the Warehouses at Elbeck's Landing, and erecting others in the Town of Halifax.

I. Whereas, the Directors for the Town of Halifax, out of a Desire of encouraging the Commerce, and speedy Settlement thereof, and promoting

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the Navigation of the River Roanoke, have petitioned this Assembly for Leave to remove the Public Warehouses from Elbeck's Landing, and rebuild them in the said Town at their Own Expence:

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the First Day of August next, the Public Warehouses at Elbeck's Landing in Edgecombe county, shall be discontinued, and cease to be any longer a place for the Public Inspection of Tobacco.

III. And be it further Enacted, by the Authority aforesaid, That the Directors of the said Town of Halifax, and their Successors, or a Maority of them shall and may, and are hereby impowered and required, at their own proper Charge and Expense, after the said First Day of August, to remove the Public Warehouses and Conveniences which are erected at Elbeck's Landing aforesaid, for the Inspection of Tobacco, and re-build and place them in the said Town, on or before the Tenth Day of October next, on one or some of the Lots already set apart for that Purpose by the said Directors; and it shall be lawful for the said Directors; and all and every other Person or Persons, which they shall employ in removing and rebuilding the said Warehouses, to have free Ingress, Egress, and Regress, into the Lots and Land whereon the said Warehouses and Conveniences are now situate, for that Purpose.

IV. And be it further Enacted, That the said Warehouses, from and after being rebuilt and placed in the Town of Halifax as aforesaid, shah be and are hereby appointed Public Warehouses, and shall be the proper Place for the Reception and Public Inspection of Tobacco; and the County Court of Edgecombe shall, from Time to Time, appoint Inspectors to attend the same, who shall be under the same Regulations, Rules and Restrictions, and intitled to the same Salaries and Emoluments, as is by Law apopinted for the Inspectors now attending the Inspection at Elbeck's Landing aforesaid.

V. And be it further Enacted, by the Authority aforesaid, That the Inspectors attending at the said Inspection in the Town of Halifax, out of the first Profits that shall arise from the Perquisites accruing to the same, and Rents of the said Warehouses, shall pay and satisfy to the said Directors, the Sum of Eight Pounds, Proclamation Money, for the Four Lots set apart in the said Town for erecting Public Warehouses on; which money shall be applied by the said Directors for the Improvement and Advantage of the said Town.

VI. And be it further Enacted, by the Authority aforesaid, That the Fee-simple of the said town lots shall be, and are hereby invested in the Justices of the said County Court of Edgecombe, and their Successors; and the said Justices, and their Successors, shall have and receive all the Profits accruing from the Inspection, and the Rents of the Warehouses hereby established thereon, to and for the Use of the Inhabitants of the said County, in the same Manner that they are at present by Law intitled to the Profits of the Inspection and Rents of the Warehouses at Elbeck's Landing: And the said Justice and their successors, shall, from Time to Time, at the Expence of the said Inhabitants, make such Reparations and additional Buildings and Conveniences on the said Lots, as shall be sufficient for the Reception and Safekeeping of all Tobacco brought to the said Inspection.

VII. And be it further Enacted, by the Authority aforesaid, That if the aforesaid Directors shall refuse or neglect to remove the Warehouses and Conveniences from Elbeck's aforesaid, and rebuild and place them on the

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Lots herein before mentioned on or before the said Tenth Day of October next ensuing; every Director so neglecting or refusing, shall forfeit and pay to the aforesaid Justices, and their Successors, the Sum of Fifty Pounds, Proclamation Money, each: To be recovered with Cost, by Action of Debt, in any of the Supreme Courts of Justice in this Province; and by the said Justices, and their Successors, applied towards lessening the levy of the said County of Edgecombe.

CHAPTER VI.
An Act for establishing a town on the land of Jonathan Phelps, on Perquimans River.

I. Whereas, it has been represented to this Assembly that the land of Jonathan Phelps, lying on the south west side of Perquimans river, in Perquimans county, where the court house and other public buildings are erected, is a healthy, pleasant situation, well watered and commodious for commerce; and the said Jonathan Phelps having signified his free consent, by a certificate under his hand and seal, to have one hundred acres of the said land laid off for a town, and fifty acres for a town common, which will greatly promote the trade and navigation of the said river:

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the Directors or trustees hereafter appointed, or the majority of them, shall, so soon as may be after the passing of this Act, cause the said one hundred acres of land to be laid off in lots of half an acre each, with convenient streets, lanes and alleys, reserving two acres of the said land for a court-house, and other public buildings; which lots, so laid off according to the directions of this Act, is hereby constituted, erected, and established a town, and shall be called by the name of Hertford.

III. And be it further Enacted by the Authority aforesaid, That from and after the passing of this Act, John Rieussett, Joseph Sutton, John Harvey, John Clayton, and Joseph White, be, and they, and every of them, are hereby constituted directors and trustees, for designing, building, and carrying on the said town; and they shall stand seized of an indefeasible estate in fee, of the said one hundred and fifty acres of land, to and for the intents, uses and purposes, herein expressed and declared; and they or any of three of them, shall have full power and authority to meet as often as they shall think necessary, and cause a plan thereof to be made, and therein to insert a mark or number to each lot, and as soon as the said town shall be laid off as aforesaid, they, and each of them, shall have power to take subscirptions for the said lots of such persons as are willing to subscribe for them; and when the said directors have taken subscriptions for one hundred lots, or upwards, they shall appoint a day, and give public notice to the subscribers of the day appointed for drawing of the said lots, which shall be done by ballot in a fair and open manner, by the direction, and in the presence, of the majority of the said directors at least; and such subscriber shall be entitled to the lot and lots which shall happen to be drawn for him, and correspond with the mark or number contained in the plan of the said town: And the said directors, or a majority of them, shall make and execute deeds for granting and conveying the said one hundred acres of land, in half acres as aforesaid, to the subscribers, their heirs and assigns, forever; and also, to every other person who shall purchase any lot or lots in the said town, at the cost and charges of the said grantee, to whom the said lot or

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lots shall be conveyed; and every person claiming any lot or lots, by virtue of any such conveyance, shall and may hold and enjoy the same in fee-simple.

IV. Provided neverthelss, That every grantee of any lot or lots in the said town, so conveyed, shall, within three years next after the date of the conveyance for the same, erect, build and finish, on each lot so conveyed, one well framed or brick house, sixteen feet square at the least, and nine feet pitch in the clear, or proportionable to such dimensions, if such grantee shall have two or more lots contiguous; and if the owner of any lot or lots shall fail to comply with the directions in this act prescribed for building, and finishing a house thereon, then such lot or lots, upon which such house shall not be built and finished as aforesaid, shall be revested in the said directors; and the said directors, or a majority of them, may, and are hereby impowered and authorized to sell such lot or lots, for the best price that can be had, to any person applying for the same; and grant and convey such lot or lots to such person or persons, under the like regulations and restrictions, as the same was or were formerly granted; and the money arising from such sales, be applied by such directors, or a majority of them, for the benefit and improvement of the said town.

V. And be it further enacted by the authority aforesaid, That each respective subscriber who shall subscribe for any lot or lots in the said town, shall, within one month after it shall be ascertained to whom each of the said lots doth belong, in manner herein before mentioned, pay and satisfy to the said directors, or to one of them, the sum of forty-five shillings prclamation money, for each lot by him subscribed for; and in the case of any refusal or neglect of any subscriber to pay the said sum, the said directors shall and may commence and prosecute a suit in their own names for the same, and therein shall recover judgment with costs of suit; and the said directors shall, as soon as they receive the said money, pay and satisfy to the said Jonathan Phelps, his heirs or assigns, the sum of forty shillings, proclamation money, for each lot, in full satisfaction for the said land, and the other five shillings shall be applied towards defraying the expence of laying off, and improving the said town, as a majority of the directors shall think proper.

VI. And for continuing the succession of the directors until the said town shall be incorporated; be it further Enacted by the authority aforesaid, in case of the death, refusal to act, or removal out of the county, of any of the said directors, the surviving directors, or the majority of them shall assemble and are hereby impowered, from time to time, by instrument in writing under their respective hands and seals, to nominate some other person, being a freeholder of the said town, in the place of him so dying, refusing to act, or removing out of the county; which new directors so nominated and appointed, shall from thenceforth have the like power and authority, in all things in the matters herein contained, as if he had been expressly named and appointed in and by this Act: and when the said town shall be laid off, the said directors, or a majority of them, are hereby impowered to remove the court-house, and other public buildings, to a more convenient part of the town, which may or shall be laid off for that purpose.

VII. Provided nevertheless, That the said Jonathan Phelps shall have to his own use, his dwelling house, and other out houses, with such lots as he shall choose adjoining them, not exceeding four lots, exclusive of the said one hundred acres; and the court of the said county, or their successors,

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shall not have power to appoint a public or other ferry at the said town, in prejudice of the said Jonathan Phelps; but that the keeping of the said ferry shall remain to the said Jonathan Phelps, his heirs and assigns, until he or they shall refuse to comply with the terms by law prescribed for the erecting and keeping public ferries.