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Acts of the North Carolina General Assembly, 1758
North Carolina. General Assembly
November 23, 1758 - December 23, 1758
Volume 25, Pages 370-390

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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-third Day of November, in the Year of our Lord One Thousand Seven Hundred and Fifty-eight, then held at Edenton: being the Seventh Session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.
An Act for granting an Aid to his Majesty, for placing proper Garrisons in the Forts Johnston and Granville; and for other purposes.

I. Whereas, the placing proper Garrisons in the Forts Johnston and Granville, will be a Security to the Trade and Commerce of this Province, and a necessary Defence against the Invasion of the Enemy by Sea.

II. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That an Aid of Four Thousand Pounds be granted to his Majesty, to defray the expence of Cloathing, Subsisting and Paying Two Companies, each to consist of Forty-seven Men, besides one Captain, one Lieutenant, one Ensign, one Sergeant, one Corporal, and one Drummer; the officers and men of which said Companies shall, during the Time of their serving in this Province, be allowed and paid as follows, to-wit: A Captain, Six Shillings and Eight Pence; a Lieutenant, Five Shillings; an Ensign, Five Shillings; a Serjeant, One Shilling and Four Pence; a Corporal, One Shilling; a Drummer, One Shilling; and a private Man, Eight Pence, Proclamation Money, per Diem; and each non-commissioned Officer, and private Man, Eight Pence per Diem, for Subsistence: Which said Companies shall be employed in garrisoning the Forts Johnston and Granville, or to join his Majesty's forces in any Expedition in North America, as shall be directed by the Governor or Commander in Chief for the Time being; and shall continue in Pay, and be subsisted, until the Tenth Day of December next, if necessary for his Majesty's Service, and no longer.

III. Be it Enacted, by the Authority aforesaid, That each able-bodied Man inlisting voluntarily in the said Service, shall, as soon as may be after inlisting, be properly cloathed; for which Expence of Cloathing, and furnishing each Soldier with a Blanket, the Captain shall have an Allowance not exceeding Six Pounds a Man.

IV. And be it further Enacted, by the Authority aforesaid, That if the said Companies or either of them, shall, by Order of the Governor or Commander in Chief for the Time being be sent on any Expedition out of this Province, to join any other of his Majesty's Troops, the Officers and Men so sent on such Expedition, shall have and receive the same Pay, and be under the same Regulations and Discipline, as other Troops on such Service.

V. And whereas, a Taxation by the Poll, is found the most certain and easy Method of raising Money; Be it Enacted, by the Authority aforesaid, That a Poll-Tax of Three Shillings and One Penny, per Taxable, be levied on each Taxable Person within the Province, to be collected for the Year One Thousand Seven Hundred and Sixty, by the Sheriffs of the respective Counties, and accounted for and paid to the Treasurers of the respective Districts, at such Time, in the same Manner, and under the like Penalties,

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as is by Law directed for the collecting, acounting for and paying other public Taxes.

VI. And that his Majesty's Service may not be delayed for want of Money to carry into Execution, with all possible Dispatch, the Purposes intended by this Act, Be it Enacted, by the Authority aforesaid, That John Starkey and Thomas Barker, Esquires, Public Treasurers, be and they are hereby impowered and required, to sign Public Notes of Credit to the Amount of the aforesaid Sum of Four Thousand Pounds; and the Notes by them to be emitted, be from Ten Shillings to Forty Shillings, and of no higher Denomination: Which Notes by their Tenor, shall intitle the Possessors thereof, to the Sum in the said Notes respectively mentioned, to be paid out of the Treasury, with Interest, at the Rate of Six per Cent, per Annum, from the Dates they shall respectively bear, to the Tenth Day of June, in the Year of our Lord One Thousand Seven Hundred and Sixty One.

VII. And be it further Enacted, by the Authority aforesaid, That the said Treasurers when directed by the Governor or Commander in Chief for the Time being, until the said Sum of Four Thousand Pounds be paid, shall make Payment in the said Notes, or in Proclamation Bill Money, for which they may exchange the same, to such Person or Persons as he shall appoint to receive the same; and all and every Person so receiving any Sum or Sums from the said Treasurers, or either of them, by such Order, shall, when required, account with the General Assembly for the same.

VIII. Provided nevertheless, That the Captain of each Company shall, as soon as may be, enter into Bond with sufficient Security, to his Majesty, his Heirs and Successors, in the Sum of One Thousand Pounds, Proclamation Money, with Condition, That he will, when required by the General Assembly, account with them for the Sums he shall receive from the Treasurers, or either of them, by Virtue of a Warrant from his Excellency the Governor; which Bond shall be lodged with one of the Treasurers: And in Case of a Breach of the Condition of the said Bond, the same may be put in Suit; and on Judgment being obtained, the Money recovered shall be applied towards defraying the Contingent Charges of Government, or such other Purposes as the General Assembly shall direct, and to no other Use or Purpose.

IX. And be it further Enacted, by the Authority aforesaid, That the Sum by this Act granted, shall, by the Direction of the Governor or Commander in Chief for the Time being, be applied to the Services by the same intended, if the whole shall be necessary; but if a less Sum shall be found sufficient for the Purposes aforesaid, the Surplus shall be applied towards defraying the Contingent Charges of Government, in such Manner as the General Assembly shall hereafter direct, and to no other Use or Purpose.

X. And be it further Enacted, by the Authority aforesaid, That the said Public Treasurers shall, and they are hereby directed, out of the Monies they shall receive by the Tax imposed by this Act, to pay all such Sums as shall be due on the said Notes of Credit, to the Possessors of the same, and to take in the said Notes as they shall become payable, 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 per Cent.

XI. And be it further Enacted, by the Authority aforesaid, That the said Notes of Credit shall, within Six Months after they become due, be produced to the Public Treasurers, or one of them, for Payment; and the Possessors

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thereof failing to present them for Payment as aforesaid, shall ever after be barred from any Claim on the Public on Account of the Interest accrued on such Notes.

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 utter the same in Payment or Exchange, 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 imposed by this Act shall amount to more than the said Sum of Four Thousand Pounds, the Surplus shall be applied towards defraying the contingent Charges of Government, as shall be directed by the General Assembly, and to no other Use or Purpose whatsoever.

XIV. And be it further Enacted, by the Authority aforesaid, That the Notes of Credit by this Act directed to be signed and emitted, shall, and are hereby declared to be current, and a lawful Tender in all Payments whatsoever, at Parr with Proclamation Bill Money.

XV. And whereas, the Time appointed by Law for paying the Three Companies raised by this Province, who has been imployed under Brigadier General Forbes, will soon expire, and no Provision is made for defraying the Expence of their returning Home; Be it Enacted, by the Authority aforesaid, That there shall be allowed and paid, to every Man of the said three Companies, who shall return to this Province within Twelve Months after the Time of his Discharge from the said Service, the Sum of Five Pounds, out of the Fund appropriated by Law for raising, paying and subsisting the said three Companies, on producing a Certificate from his Commanding Officer of his Discharge.

CHAPTER II.
An Act for Making better Provision for the Clergy.

I. Whereas, the Provision by Law made for the Clergy, is not sufficient to support them;

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the Minister of every Parish shall, hereafter, receive an annual Salary of One Hundred Pounds, Proclamation Money, for serving the Cure of the Parish whereof he is a Minister; to be assessed, collected and paid, in Manner as heretofore has been customary; and also a good Glebe, with a Mansion-house, Out houses, and other Conveniences, as by one Act of Assembly, intituled, “An Act for appointing Parishes and “Vestries, for the Encouragement of an Orthodox Clergy, for the Advancement of the Protestant Religion, and for the Direction of the Settlement of “Parish Accounts,” is required; and where there is no such Glebe, a further allowance of Twenty Pounds per Annum, until a Glebe shall be purchased and built on as aforesaid; Any Law or Usage to the contrary, notwithstanding.

III. And be it further Enacted, by the Authority aforesaid, That so much of the before recited Act as is contrary to this Act, shall be, and is hereby repealed.

IV. Provided nevertheless, That nothing herein contained shall be construed, deemed or taken, to repeal one Act of Assembly, intituled “An Act, “to confirm an Agreement made by the Churchwardens and Vestry of Christ-Church Parish in Craven County, with the neverend James Reed;” but

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that the same shall continue, and remain of the same Force and Effect, as if this Act had nver been made: Any Thing herein contained to the contrary, notwithstanding.

CHAPTER III.
An Act for erecting a City on Neuse River, upon the Plantation called Tower-Hill, fixing the Seat of Government therein, and building a Governor's House, and public Offices in the same.

I. Whereas, it is absolutely necessary, that the Seat of Government should be fixed; and a House, and Offices, for the Reception and Residence of the Governor or Commander in Chief for the Time being; a House for the convenient sitting and holding of Assemblies; and an Office for the Secretary of this Province, be erected with all possible Expedition, at a proper healthy Place, as central as may be to the Inhabitants of this Government.

II. And forasmuch as the Plantation commonly called Tower-Hill, situate on the North Side of Neuse River, in Dobbs County, hath been found to be healthy and agreeable, having the natural Advantage of a pleasant temperate Air, high and dry-Land and wholesome Spring:

III. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the aforesaid Plantation, called Tower-Hill, now being in the Seizin and Possession of his Excellency Arthur Dobbs, Esquire, Governor and Commander in Chief of this Province, and containing Eight Hundred and Fifty Acres of Land shall be, and is hereby reserved and appropriated, for the only sole Use of a City, to be built thereon, and aa common thereto; and to no other Use, Intent or Purpose whatsoever.

IV. And be it further Enacted, by the Authority aforesaid, That the said City, when built, and a Governor's House, and Offices, a House for holding Assemblies, and a Secretary's Office, are erected therein, according to the Directions of this Act, shall be, and is hereby declared and established the Seat of Government, for the Province of North Carolina. That the General Assemblies, Courts of Chancery, Courts of Claims, Secretary's Office, and Clerk of the Chancery's Office, may, from Time to Time, be held and kept in the said City; and all Business incident to the Assemblies, and the said Courts, and Matters appertaining to the said Offices, be there done and transacted: Any Law, Usage, or Custom to the contrary, notwithstanding.

V. And be it further Enacted, by the Authority aforesaid, That Four Hundred Acres of the aforesaid Plantation of Eight Hundred and Fifty Acres of Land, shall be, and is hereby appointed and set apart to build thereon the said City; which shall be called, and known by the Name of, George City; and the residue thereof shall be and remain for a Common thereto.

VI. Provided nevertheless, That the Committee herein after mentioned, or any Five of them, shall and may and are hereby required, to allot and lay off, Twenty Five Acres of that Part of the said Eight Hundred and Fifty Acres which shall be set apart for a Common to the said City, for the Use of the Governor or Commander in Chief for the Time being, to be by him held and enjoyed, in Severalty, from the rest of the said Common, for a Pasture; and to and for no other Use or Purpose whatsoever; Anything herein contained to the contrary notwithstanding.

VII. And be it further Enacted, by the Authority aforesaid, That Eight Acres, Part of the aforesaid Four Hundred Acres, which shall be agreed upon by the Committee herein after appointed, or any Five of them, be

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appropriated to the Use of building thereon a Dwelling-House, and Offices, for the Governor or Commander-in-Chief for the Time being; and two Acres, other Part thereof, be appointed in Manner aforesaid, for a Church to be built on, and Church Yard; and three Acres, another Part of the same, be, in like Manner, appointed to erect a House on for the Assemblies, to be held and kept in, and Secretary's Office: And that the said Buildings for holding Assemblies, shall be for ever called, and known by the Name of, the State-House of North Carolina.

VIII. And be it further Enacted, by the Authority aforesaid, and it is hereby Enacted, That the said Buildings shall be erected and built in Manner and Form, and according to the Rules and Dimensions following, to-wit: A Dwelling-House for the Governor or Commander in Chief, Two Story high, Three Bricks thick to the Water-table, and from the Water-Table to the Top of the first Story, two and a half Bricks Thick, and from thence to the Top of the second Story, two Bricks thick; the Length of the said House to be Fifty Feet from Outside to Outside, and the Breadth thereof Forty-five Feet from Outside to Outside; and the first Story shall be Twelve and a half Feet Pitch in the Clear, and the Second Story Ten Feet Pitch in the Clear; The Passage, and two rooms below Stairs, to be neatly Wainscotted, Three Feet and a half high, and the other Parts of them plaistered and whitewashed, and the other below Stairs plaistered and whitewashed, and ornamented with Paper; and the rooms above Stairs plaistered and whitewashed; a Passage in the Middle of the House Fourteen Feet wide in the Clear, and a large neat Stair-Case; The said House to have four Chimneys, and the Roof to be a hipped roof and flat; the Windows in both stories to be Sash Windows; a Cellar, the whole Length of the House, under two Rooms thereof: An Office of Brick, Forty Four Feet in Length, and Twenty Four Feet in Breadth, from Outside to Outside, with one Chimney, and fitted in the Inside in a suitable Manner for a Kitchen: A Stable of Brick, of the same Dimensions as the Kitchen,, Part whereof for a Coach Room, and the rest fitted in the Inside with Stalls and proper Conveniences; which said Kitchen shall be placed at Thirty Feet Distance from one Corner of the Front of the said Dwelling-House, and the Stable at the same Distance from the other Corner of the Front of the said House; and a Colonade of Eight Feet wide from Outside to Outside, from each of the said Corners to the said Buildings respectively; and the said Buildings respectively shingled with good Cypress Shingles. A State-House of Two Story high, the Foundation of which shall be Three Bricks thick to the Water-table, and from the Water-table to the Top of the first Story Two and a half Bricks thick, and from thence to the Top of the Second Story Two Bricks thick; the Length of the said Building to be Seventy Feet, and the Breadth thereof Twenty-Six Feet from Inside to Inside, the first Story to be Twelve and a half Feet Pitch, and the Second Story Ten Feet Pitch in the Clear, and neatly plaistered and white-washed; and Forty Feet in the Clear in one End of the lower Story of the said Building shall be parted from the rest by a Wall, and the Inside thereof fitted and properly decorated for holding Assemblies; and Fourteen Feet adjoining the said Partition Wall shall be a Passage or Lobby; and the other Part of the Building divided into Two Divisions, whereof one to be for a large and handsome Stair-Case, and the other for an Office for the Clerk of the Assembly, for depositing in and safe-keeping the Rolls and Papers relating to the said office: And Forty Feet in the Clear in one End of the upper Story of the said Building shall be parted from the rest by a Wall, for holding Councils, a Court of Chancery, and a Court of Claims; and Fourteen Feet adjoining shall be for a Passage, and the other End, except so much as is

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necessary for a Stair-Case, shall be for an Office for the Clerk of the Council, and Clerk of the Court of Chancery; and that the Roof shall be a hipped Roof, and flat, and shingled with Cypress Heart Shingles, and the Windows to each Story of the Building, shall be Sash Windows: The lower Part of the said Building shall be, and is hereby apropriated to the Use of the Assembly of North Carolina, for the holding and Keeping Assemblies, and the Office thereto belonging; and the upper Part of the said Building shall be, and is hereby appropriated to the Use of the Governor or Commander in Chief for the Time being, and Council of this Province, for holding Councils, a Court of Chancery, and Court of Claims, and the several Offices to the said Council and Court of Chancery belonging; and to no other Uses, Intent or Purpose. An office for the Secretary, of Brick, with Walls of the same Dimensions as the lower Story of the State-House; the Length whereof to be Forty Two Feet, and the Breadth Twenty Feet, from Outside to Outside, and the Pitch Twelve and a half Feet, and plaistered and whitewashed; a Partition in the Middle, and an Inside Chimney in one End of the said Building, The Floor to be Paved with Flag Stones or Bricks; the Roof to be a hipped Roof, and the Windows Sash Windows; the Steps to the Governor's House, State-House, and Secretary's Office, to be Semi-circular, and of Flag Stone or Brick.

IX. And be it further Enacted, by the Authority aforesaid, That the Honorable John Dawson, Lewis DeRossett, and Richard Spaight, Esquires; and John Starkey, John Ashe, John Fonville, Joseph Bryan, John Campbell, and Benjamin Wynns, Esqrs., shall be, and are hereby appointed, a Committee to inspect and oversee the said Buildings, until they shall be finished; and they, or any Five of them, are hereby authorized, impowered and required, to covenant and agree with such and so many Undertakers, Workmen and Overseers, of the said Buildings as they shall think fit; and to give such necessary Orders and Directions therein, from Time to Time, as they shall see Cause, for the carrying on, furtherance, and finishing the said Buildings, respectively, according to the aforesaid Rules and Dimensions: And that the said Committee, or any Five of them, be likewise authorized and impowered, by Virtue of this Act, on the Public Account and Risque, to send for, out of England, or Elsewhere, Hinges, Nails, Glass, Paint, Stone, and such other Materials as they shall think necessary, for carrying on and finishing the said Buildings.

X. And be it further Enacted, by the Authority aforesaid, That the said Committee, or any Five of them, as often as they shall have Occasion for Money for the Uses aforesaid, shall, from Time to Time, apply themselves to the Governor or Commander in Chief for the Time being, to issue his Warrant to one or both of the Treasurers of this Province, requiring him or them to pay so much Money as they shall have Occasion for, not exceeding the Sum of Six Thousand Pounds, Proclamation Money, who is and are hereby impowered and required, to pay the same to the said Committee upon such Warrant; which said Sum or Sums the said Committee shall account for to the General Assembly.

XI. And be it further Enacted, by the Authority aforesaid, That the aforesaid Committee, or any Five of them, shall and may, and are hereby required, after setting apart Eight Acres for building a Governor's House, and Offices thereon, Three Acres for a State-House, and Secretary's Office; and Two Acres for a Church and Church-Yard, and Two Acres for a Market Place; lay out, and proportion, into Streets, Lanes, Allies, and half Acres, the Residue of the aforesaid Four Hundred Acres of the said Plantation called Tower-Hill, by Virtue of this Act set apart for the Use of the said City of

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George; every half Acre of which shall be a distinct Lot of Ground, to build upon in Manner and Form herein after expressed; that is to say, Whatever House is to be built on the Main Street of the said City, the Front thereof shall come within Ten Feet of the Street, and not nearer; and the Houses in the several Lots on the Main street shall front alike: Which said Street shall be called and known by the Name of King Street; and the other Streets and Lanes named by, and built on, according to such Rules and Orders as shall be given and made by the aforesaid Committee or any Five of them.

XII. And be it further Enacted, by the Authority aforesaid, That the aforesaid Committee shall be vested with, and seized of, and in a pure, absolute, perfect, indefeasible Estate of Inheritance, in Fee, of, in, and to the said Plantation and Eight Hundred and Fifty Acres of Land, called Tower-Hill, in special Trust and Confidence, to and for the Uses, Intents and Purposes of this Act, and to and for no other Use, Intent or Purpose whatsoever: And the said Committee or any Five of them, shall and may convey unto any Person or Persons purchasing the same, at the Costs and Charges of such Person and Persons, one or more half Acre or half Acres of the aforesaid Four Hundred Acres hereby appropriated for the Building the said City on, by good and sufficient Deed and Assurance in the Law, (for which Deed the said Committee shall not charge more than Five Shillings, Proclamation Money), unto such Person or Persons, his, her, or their Heirs and Assigns forever; and every Person and Persons claiming any Lot or Lots in the said City by Virtue of any such Conveyance, and conforming him, her, or themselves, to the Terms and Conditions by this Act prescribed, shall and may hold and enjoy the same in Fee-simple.

XIII. Provided neverthelss, That every Grantee of any Lot or Lots in the said City, conveyed in Manner aforesaid, shall within Five Years next after the Date of the Conveyance for the same, erect, build, and finish on each Lot so conveyed, one Stone, Brick or well framed House, Thirty Feet long, and Eighteen Feet wide at the least, and Twelve and a half Feet Pitch at least, if such Lot or Lots be on the Main Street; and Twenty Feet long and Sixteen wide at the least, and Ten Feet Pitch at the least, if such Lot or Lots be on any other Street, or a House or Houses proportionable to such Dimensions, if such Grantee shall have two or more Lots contiguous; And if the Owner of any Lot shall fail to pursue and comply with the Directions of this Act, for building or finishing a House or Houses thereon, then such Lot, upon which such House or Houses shall not be built and finished within the Term aforesaid, shall be revested in the said Committee; and the said Committee or any Five of them, may, and are hereby authorized and impowered, to sell such Lot for the best Price that can be got, to any Person applying for the same, in such Manner, and under such Restrictions, as they could or might have done if such Lot had not been before granted.

XIV. And be it further Enacted, by the Authority aforesaid, That the said Committee, or any Five of Them, after laying out the aforesaid Four Hundred Acres of Land, in Manner herein before mentioned, shall make a fair Plan of the Streets, Lanes, Allies and Lots in the said City, and therein insert a Mark and Number to each Lot; and the said Committee, or any Five of them, shall have full Power and Authority to meet as they shall think necessary, and to establish Rules and Orders for the more regular placing and building Houses in the said City, and repairing and amending the Streets thereof, and removing all Nuisances happening in the same; And if the Inhabitants of the said City shall refuse, fail or obey or pursue such Rules and Orders, shall be liable to the same Penalties as are inflicted for not repairing the

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High Ways in the said County of Dobbs which shall and may be recovered before any Justice of the Peace.

XV. And whereas, enabling the said Committee to take Subscriptions for the Lots in the said City, may promote a speedy Sale thereof; Be it therefore Enacted, by the Authority aforesaid, That the said Committee, or any Five of them, may, and are hereby authorized and impowered, to receive and take Subscriptions for Lots in the said City; and the said Committee, or any Five of Them, within One Month after they shall have laid off the said City in Manner herein before directed, and taken Subscriptions for Two Hundred Lots therein, at least, shall appoint a Time, and give Public Notice thereof, for meeting the Subscribers for the said Lots, on the said Land, for determining the Property of each particular Lot; which shall be done by ballot, in a fair Manner, by the Directions of, and in Presence of Five of the said Committee at least; and each Subscriber shall be intitled to the Lot which shall happen to be drawn for him, and correspond with the Number contained in the Plan of the said City.

XVI. And be it further Enacted, by the Authority aforesaid, That every Grantee of any Lot or Lots in the said City, within One Month after the said Committee, or any Five of them, shall have conveyed the same to him, shall pay to the said Committee, or some or one of them, the Sum of Thirty Shillings, Proclamation Money, for each Lot so conveyed to him; and in Case of the Refusal or Neglect of any Grantee to make such Payment, the said Committee shall and may commence and prosecute a Suit in their own Name for the same, and therein shall recover Judgment with Interest, and Costs of Suit.

XVII. And be it further Enacted, by the Authority aforesaid, That there shall be paid and satisfied, out of the Public Treasury, to his Excellency Arthur Dobbs, Esq., Governor of this Province, for the aforesaid Plantation called Tower Hill, and Eight Hundred and Fifty Acres of Land, the Sum of Four Hundred and Fifty Pounds, Proclamation Money, being the Original Price of the said Land, in full Satisfaction for his Right, Interest and Estate therein; And also, that the aforesaid Committee, as often as required, shall render an Account to the General Assembly, of the Profits and Produce of the several half Acres or Lots of Land by them sold in Manner aforesaid, and after allowing the said Committee for their Expences in executing the Trust by this Act reposed in them, and for their Service therein, the Residue shall be disposed of towards re-imbursing the Public the first Purchase of the said Land.

XVIII. And be it further Enacted, That the said Committee shall keep a Register of all their Proceedings, in Discharge of the respective Trusts by this Act vested in them; and, as often as required; lay the same before the General Assembly for their Inspection.

XIX. And be it further Enacted, That in Case of the Death, Refusal to Act, or Removal out of the Country, of any of the said Committee, the surviving or remaining Members of the Committee, shall, from Time to Time elect and chuse some other Person, being a Freehlder of the said City, in the Place of him so dying, refusing to act, or removing out of the Country; who shall be, to all Intents and Purposes, vested with the same Power and Authority, as any other Member of the said Committee in this Act nominated and appointed.

XX. Provided nevertheless, That the aforesaid Committee shall not proceed to design, lay out, and build the said City, or to contract or agree for the erecting therein a Governor's House, and Offices, State-House, or Secretary's

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Office, or either of them, until they shall have received certain Advice, that the Proportion of the Sum of Fifty Thousand Pounds, Sterling, granted by the Parliament of Great Britain, to North and South Carolinas, and Virginia, towards re-imbursing a Part of the Expences the said Governments have been at, in defending the Rights and Possessions of the Crown in North-America, is paid, or secured to be paid, to the Agent of this Province: Any Thing herein contained to the contrary notwithstanding.

CHAPTER IV.
An Act to Regulate the Inspection of Pork, Beef, Rice, Flour, Butter, Indico, Tar, Pitch, Turpentine, Staves, Heading, Shingles, Lumber and Deer-Skins.

I. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the passing of this Act, no Pork, Beef, Rice, Flour, Butter, Tar, Pitch, Turpentine, Staves, Heading, Shingles, Lumber and Deer-Skins, shall be exposed to Sale for Exportation, or any Indico paid in Discharge of Taxes, until the same shall be duly inspected, under the Regulation herein after expressed; and the Justices of every County Court within this Province, are hereby authorized and required, at the first or second Court to be held in each County, after the first Day of January, yearly, to nominate and appoint, in open Court, one or more, not exceeding Four, fit and proper Persons, residing in the said County, to inspect the Package and Weight of all such Pork, Beef, Rice, Flour, Butter and Indico; and also to inspect the filling of all Tar and Pitch; and to guage and inspect all Turpentine, Staves, Heading, Shingles and Deer Skins, within their respective Counties; and every Inspector so appointed, shall, before he enters upon or executes his Office, enter into Bond, with two or more good and sufficient Securities, in the Penalty of Five Hundred Pounds, Proclamation Money, for the true and faithful Discharge of his Office, according to the Directions of this Act; Which Bond and Securities, every such Court, respectively, is hereby impowered and required to demand, take, and cause to be acknowledged before them in open Court, and recorded; which Bond shall be made payable to the Governor or Commander-in-Chief, and his Successors, and shall be in Force for the Term of Three Years after such Inspector shall be out of Office; and that in the Name of the Governor or Commander in Chief, or his Successors, any Person or Persons injured, may and shall, at his, her, or their Costs and Charges, commence and prosecute a Suit or Suits on such Bond, against the Parties therein bound, their Executors or Administrators, and shall and may recover all Damages which he, she or they, may have sustained, by Reason of the Breach of the Condition thereof; and the same shall not become void upon the first Recovery, or if Judgment shall be given against any Plaintiff or Plaintiffs who shall sue on such Bonds, but may be put in Suit, and prosecuted, from Time to Time, for the Benefit of the Party or Parties injured, and the whole Penalty expressed in such Bond shall be recovered.

II. Provided always, That if any Verdict or Judgment shall pass for such Inspector, or his Security, the Person or Persons at whose Instance such Suit shall be prosecuted, shall pay Costs: And the Inspector shall also take the following Oath, to-wit:

You shall swear, that you will faithfully, impartially and diligently, execute the Office of Inspector; and that you will not for Favour, Affection, Prejudice, Partiality, or other bye Respect, brand any Barrel of Pork, Beef,

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Rice, Flour, Tar, Pitch or Turpentine; or any Cask or Firkin of Butter; or any Barrel or Case of Indico; or pass any Staves, Heading, Shingles, Lumber or Deer-Skins, other than such as are declared lawful by one Act of Assembly intituled, An Act to regulate the Inspection of Pork, Beef, Rice, Flour, Butter, Indico, Tar, Pitch, Turpentine, Staves, Heading, Shingles, Lumber and Deer-Skins, to any Person whatsoever, according to the best of your Skill and Judgment. So help you God.

III. And be it further Enacted, by the Authority aforesaid, That the respective County Courts shall be, and are hereby authorized and impowered, at any time, to discharge any Inspector from his said Office, who shall misbehave himself, and act contrary to his Duty therein; and at the Death, or on the Disability of any of them, to appoint another to succeed such dead, disabled, or misbehaving Inspector.

IV. And be it further Enacted, by the Authority aforesaid, That the Places and Landings herein after mentioned, shall be, and are hereby appointed, for the Inspection of Tar, Pitch, Turpentine, Staves, Heading and Shingles; to which Places all of the said Commodities, beforesold or exported, shall be brought, examined and inspected, acording to the Directionshereinafter mentioned that is to say,

In New-Hanover County, at the Towns of Brunswick, Wilmington, New-Exeter, and New-Topsail Sound.

In Onslow County, at Bear-Inlet, New-River, and Bogue-Inlet.

In Carteret County, at Beaufort Town, Fort-Point, near Old-Topsail, and Portsmouth.

In Craven County, at New Bern Town, Clubfoot's Creek, Lower Broad Creek, Bushe's Landing, and Hollingsworth's Landing.

In Beaufort County, at Bath Town, William Spier's, Traverse's, Grist's, and Tranter's Creek; at Chocowinity, Congleton's, Red-Banks, Blount's Creek, Mills's, Salters, Durham's Creek, and South-Dividing Creek.

In Hyde County, at Wood-Stock Town, and Silvester's Landing.

In Tyrel County, at Hog Town, Gardner's, Dayley's, Welsh's Creek, Hendrick's Creek, Scuppernong River, Little Alligator, Richard Lurry's, Meakings's Landing, and Dawson's.

In Chowan County, at Edenton, Old Town Landing, Bennet's Creek, at the Bridge, John Symon's Landing.

In Bertie County, at Salmon Creek, Maul's-Haven, the Warehouses on Chowan River, Van Pelt's, Wicocon Creek, Catharine's Creek, and Cashie River.

In Northampton County, at Hill's Ferry, the Pitch Landing, Murfrey's Landing, Manney's Landing, Buxton's Warehouse, Jones's Warehouse, and the Place where Ragland's warehouse formerly stood.

In Anson County, at Gordon's Landing on Pee-Dee River.

In Halifax County, at Kahukee, Barnes's Landing, Foster's Bank, and the Town of Halifax.

In Edgecombe County, at Howel's Warehouse.

In Perquimons County, at Cypress Bridge, at Hartford, Saunders's Landing up the Narrows, John Barrow's, Yeopim Creek, at Seth Sumner's Landing, at Little River Bridge, John Stevenson's, Little-River Point, Benjamin Harvey's Landing, at John Barcliff's, on Deep Creek, William Standin's, on Yopim River, at Thomas Weeks's Landing, at Capt. Joseph Sutton's. on Sutton's Creek, at Robert Harman's Landing on Yeopim Creek.

In Pasquotank County, at Nixonton, at Simon's Bridge, at the Mouth of Simon's Creek, at Pigg's, at McKeel's, at Newbegun Creek, at the Warehouse,

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at Murden's, at Nixon's, Mouth of the River, at Seaburn's Landing, North River, and at River Bridge.

In Currituck County, the South Side of Gulley's Creek Bridge, at Joseph Sander's, at Moyock, at Indian Town Bridge, at Chicomocomac, at Thomas Pain's Landing.

In Dobbs County, at Stringer's Ferry; at Shepherd's Ferry on Contentney; and at Fellow's Ferry on Neuse River.

V. Provided nevertheless, That if the Merchant willing to Purchase, and the Planter willing to sell, any of the Commodities aforesaid, shall be desirous of having any of them inspected at any convenient Landing which is not by this Act appointed a Place of Public Inspection, it shall and may be lawful for any Inspector of the County wherein such Landing, is, to attend and inspect the same, according to the Rules and Directions herein mentioned: Any Thing herein contained to the contrary, notwithstanding.

VI. And be it further Enacted, by the Authority aforesaid, That where any such Inspection is appointed by this Act to be held in any Town, the Court of the County wherein such Town is, shall nominate and appoint an Inspector for every such Inspection who is an Inhabitant of, or resides in such Town; and no other Person.

VII. And be it further Enacted, by the Authority aforesaid, That no Master or Commander of any Ship or Vessel shall take on board his Ship or Vessel any such Cask or Barrel as aforesaid, without being inspected and branded as by this Act required, under the Penalty of Forty Pounds, for each Offence; One Half to the Informer, and the other Half to the ChurchWardens of the Parish wherein the Offence shall be committed, to the Use of such Parish; to be recovered with Costs, by Action of Debt, Bill, Plaint or Information, in any Court of Record; And if any Master or Commander of a Ship or Vessel shall be sued for the said Offence, he shall be obliged to give Bail to such Action: Any Law, Usage or Custom to the contrary, notwithstanding.

VIII. And be it further Enacted, That no Collector shall enter any Ship or Vessel, before the Master or Commander of such Ship or Vessel shall have taken the following Oath, to-wit:

You shall swear, That you will not, this present Voyage, export in the Ship or Vessel whereof you are Master or Commander, any Barrel of Pork, Beef, Rice, Flour, Butter, Tar, Pitch or Turpentine, that shall not have an Inspectors' Brand thereon, according to Law, (except such as shall be necessary for the Vessel's Use.) So help you God.

Which Oath the Collector of the Port, or his Deputy, is hereby impowered and required to administer; and shall and may take and receive of such Master for administering the said Oath, One Shilling, Proclamation Money: And in Case any of the said Commodities have been put on board any Ship or Vessel without being first inspected as this Act directs, it shall and may be lawful for any Two Magistrates or Justices on Information made to them on Oath, to issue a Warrant, directed to the Sheriff, or any Constable, of any County wherein such Vessel shall be riding at Anchor, to cause Search to be made on board such Ship or Vessel; and on finding any such Commodities not inspected according to the Intent and Meaning hereof, such Magistrates or Justices shall certify the same to the Collector; which Collector shall not clear out such Ship or Vessel, nor deliver up the Register thereof, until such Time as the Master or Commander shall have given Bond, with Securities, to the Sheriff of the County wherein such Ship or other Vessel shall be riding at Anchor, to appear and answer the Suit of such Informer

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and Churchwardens for such Offence, under the Penalty of Ten Pounds, Proclamation Money, for every Neglect or Default of such Collector; to be recovered by the Churchwardens of the Parish wherein such Offence shall be committed.

IX. And be it further Enacted, That every Collector, or his Deputy, shall grant a Certificate to the Master or Commander of any Ship or Vessel, of his having taken such Oath, under the Penalty of Ten Pounds, for each Neglect or Refusal; to be recovered by Bill, Plaint or Information, in any Court of Record in this Province; the one Half to him or them that shall sue for the same, the other Half to the Churchwardens, for the Use of the Parish where such Offence shall be committed.

X. And be it further Enacted, That every such Inspector himself, and not by Deputy or Substitute, shall constantly attend at the Places aforesaid, at such Times as required for the Inspection of the said Commodities, and Tar, Pitch and Turpentine within his County; and shall provide an Iron to brand any of the Commodities with, bearing the Name of the Inspector, and his Place of Residence: And if any Inspector so appointed and sworn, shall neglect his Duty, or brand any of the Commodities contrary to this Act, or Brand any empty Barrel, or lend his Brand to any Person or Persons whatsoever, he shall forfeit and pay for every Barrel, Box or Case of Indico, Five Pounds; for every Barrel of Pork, Beef, Rice, Flour, or Cask of Butter, Five Shillings; for every Barrel of Tar, Pitch or Turpentine, Two Shillings and Six Pence; and for branding any empty Barrel, or lending his Brand, Forty Pounds, Proclamation Money; recoverable by Action of Debt, before any Jurisdiction, having cogniance thereof, with Costs, by the Informer.

XI. And be it further Enacted by the Authority aforesaid, That all Pork or Beef, packed within this Province, for Sale or Exportation, shall be put in good and sufficient White-Oak Cask, which shall not contain more than Thirty-one Gallons and an Half, Wine Measure, each Barrel, and Fifteen Gallons and Three Quarters, each Half Barrel; And all Barrels, and Half Barrels, shall be made of Timber seasoned at least Six Months after the riving the Staves, nor less than half an Inch thick when wrought; the Heading not less than Three Quarters of an Inch Thick, and well dowelled; Twelve good substantial Hoops on each Cask; and the whole to be tight, fit to hold Pickle, and workman like; and shall contain at least Two Hundred and Twenty Pounds of Good, clean, sound, merchantable Meat, properly sorted, and well salted between each Layer, and nailed and packed; and no more than Two Heads in one Barrel of Pork, and not any Boar's Flesh in any Barrel of Pork; or any Bull's Flesh or Heads, nor more than two Shanks in any Barrel of Beef: And every Barrel of Rice shall be filled with sound and well cleaned Rice; and after the same has been inspected, found good, merchantable, and passed by the Inspector residing in the County where the same shall be packed and inspected, every such Barrel shall be by him branded as aforesaid, and a Certificate or Certificates thereof given to the Owner, bearing Date the same Day such Commodity or Commodities were inspected and passed: And every Barrel of Pitch or Turpentine shall be hooped with Twelve good Hoops at least; and before it be branded by the Inspector, shall be weighed in his Presence; and every Three Hundred and Twenty-two Pounds Weight of Pitch or Turpentine, including the Cask, and so in Proportion, shall be accounted a Lawful Barrel of Pitch or Turpentine: And every Barrel of Tar shall be of the Guage of Thirty-one Gallons and a Half, Wine Measure, when full-bound, no more than one Third Part of the Staves shall be left bare, and hooped with twelve good Hoops, at least;

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and every Barrel of Tar of Less Size, and fewer than Twelve Hoops, shall be put in Merchantable Cask, at the Expence of the Owner or Exporter: And every Barrel of Tar, Pitch and Turpentine, after the same shall be inspected, guaged, found clean, well and truly made merchantable and passed by the Inspector; shall be by him branded and marked with the mark of the Owner, and a Certificate or Certificates thereof given to the Owner as aforesaid.

XII. Provided always, That if any Tar, Pitch or Turpentine, shall remain Twenty Days or more after the same has been inspected and passed in Manner aforesaid, before the same shall be laden or put on board some Ship or Vessel for Exportation, it shall not be lawful for the Owner or any other Person whatsoever, to lade or put the same on board any Ship or other Vessel as aforesaid, until the same shall have been again inspected and passed by the Inspector, and Certificate or Certificates granted for the same, in the same Manner as if such Commodities had never been inspected; Any Thing herein contained to the contrary, notwithstanding. And every Person who shall presume to lade or put on board any Ship or Vessel any Tar, Pitch or Turpentine, for Exportation as aforesaid, at any Time after the Expiration of Twenty Days from the time that the same shall have been received and inspected as aforesaid, shall forfeit and pay the Sum of Five Shillings, Proclamation Money, for every such Barrel so laden or put on board any Ship or other Vessel; to be recovered by Action of Debt, with Costs, one Half to the Informer, and the other Half to the Use of the Parish wherein such Offence shall be committed, before any Jurisdiction having Cognizance of the Sum or Sums of money so forfeited; and the Master or Commander of any Ship or Vessel shall be liable to the same Penalty as for lading Tar, Pitch or Turpentine, without being branded; and the Justices and Collector shall, and are hereby required, to use the same Method of Proceedings to compell the Payment of the said Penalty, as in that case is directed to be observed.

XIII. And for as much as it is difficult, in warm and rainy Weather, to separate Tar from Water: It is hereby declared, That Water shall not be accounted a fraudulent Mixture in any Tar; but that in such cases, the Barrel shall not be branded by the Inspector until the same is as free from Water as it can be made: Any Thing herein contained to the contrary, notwithstanding.

XIV. And whereas, Pork, Beef, Rice, Flour and Butter, may, by Reason of its being long Kept, become not good, sound and merchantable: Be it further Enacted, by the Authority aforesaid, That none of the said Commodities shall be laden or put on board any Ship or Vessel, if the same have been kept Three Months after they have been inspected, until the same shall have been again inspected and passed by the Inspector, and Certificate or Certificates granted for the same in the same Manner as if such Commodities had never been inspected; any Thing herein contained to the contrary, notwithstanding. And every Person who shall presume to lade or put on board any Ship or Vessel any Pork, Beef, Rice, Flour or Butter, for Exportation as aforesaid, any Time after the Expiration of Three Months from the Time that the same shall have been viewed and inspected as aforesaid, shall forfeit and pay the Sum of Five Shillings, Proclamation Money, for every such Barrel of Pork, Beef, Rice, Flour, and Cask or Firkin of Butter, so laden or put on board any Ship or other Vessel; to be recovered by Warrant, or Action of Debt, with Costs; one Half to the Informer, and the other Half to the Use of the Parish wherein such Offence shall be committed,

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before any Jurisdiction having Cognizance of the Sum or Sums so forfeited; and the Master or Commander of such Ship or Vessel shall be liable to the same Penalty as for lading Pork, Beef, Rice, Flour, or Butter, without being branded; and the Justices and Collector shall, and are hereby required, to use the same Method of Proceedings to compell the Payment of the said Penalty as in that Case is before directed to be observed.

XV. And whereas, also it is difficult for Merchants and other Persons, making Quantities of Pork and Beef, to get good Casks to put it in, It is hereby Enacted, That from and after the passing of this Act, no Cooper, or other Person whatsoever, making Cask, shall expose to Sale any Barrel or half Barrels, for the holding of Pork or Beef, other than such as are by this Act directed to be made for that Use; and every Cooper, or any other Person, making Barrels, or half Barrels, before they deliver or expose the same to Sale, shall set his or their proper Brand upon every Barrel or half Barrel; which Brand he or they shall cause to be recorded in the Office of the Clerk of the Court of the County where he or they shall reside: And every Cooper or other Person exposing to Sale any Cask not agreeable to the Directions of this Act, shall, for such Cask, forfeit and pay Six Shillings and Eight Pence, Proclamation Money, and for not recording his Brand, the Sum of Five Pounds, Proclamation Money; one half to the Churchwardens for the Use of the Parish where the Offence shall be committed, and the other half to him or them that shall sue for the same; to be recovered by Warrant, or Action of Debt, before any Jurisdiction having Cognizance thereof, with Costs; provided the same shall be sued for within Two Months after the Offence committed.

XVI. And be it further Enacted, by the Authority aforesaid, That every Seller or Exporter of Pork, Beef, Rice, Flour, Butter, Tar, Pitch, or Turpentine, packed or filled in this Province, and branded, shall produce the Certificate of the Inspector who inspected the same, and make Oath, if required before a Justice of the Peace, within Three Days before the Delivery of the Goods sold or exported, that the several Commodities intended by him to to be sold or exported, are the same, that were inspected and passed, and do contain the full Quantity mentioned in such Certificate, without Embezzlement, to his Knowledge: Which Oath the Justice shall, and is hereby required to certify on the back of such Certificate; which Certificate the Sellor shall deliver to the Buyer, if such Commodities be sold, and the Exporter of such Commodities to be exported shall deliver such Certificate to the Master of the Ship or Vessel on board which the same shall be shipped or laden; and if such Sellor or Exporter, shall neglect or refuse to make such Oath, if required, he shall for every such Offence, forfeit and pay the Sum of Ten Pounds, Proclamation Money, to the Informer; to be recovered with Costs, in any Court of Record, by Action of Debt, Bill, Plaint or Information.

XVII. And be it further Enacted by the the Authority aforesaid, That it may be Lawful for every County Court within this Province, wherein there are not Public Warehouses by Law erected for the Reception and Inspection of Tobacco, at the Expence of such County to erect or rent a Warehouse at or near some Public Landing, on a navigable River or Creek, for the Inspection, Reception, and safe keeping of all Indico, at any Time hereafter to be paid, or tendered in Payment of Public, County or Parish Taxes; and shall appoint and direct at what Times the Inspector or Inspectors shall attend to inspect and receive the same: And every Inspector that shall be appointed by Virtue of this Act shall find Labourers to assist in weighing the several

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Commodities he shall inspect and weigh; and also shall find and provide Steelyards or Scales of the lawful Standard for that Purpose.

XVIII. And be it further Enacted, by the Authority aforesaid, That all Indico paid in Discharge of Public, County, or Parish Taxes, by Virtue of any Law of this Province, shall be first brought to one of the Public Warehouses appointed by Act of Assembly for the Inspection of Tobacco, to be erected or rented, by Virtue of this Act as aforesaid, and there inspected: And any Inspector of the County wherein such Warehouses are appointed, or shall be erected or rented as aforesaid, on Notice given, shall attend according to the Directions of the County Court, and carefully view and examine all such Indico; and if it is dry, free from Dirt, Sand, and every fraudulent Mixture, and is, in the Opinion of such Inspector, good and merchantable, and such as will intitle the Exporter thereof to the Bounty allowed by Act of Parliament, such Inspector shall weigh the same, and be obliged to deliver to the Person or Persons bringing the same, as many Promissory Notes, under the Hand of such Inspector, as he shall be required, for the full Quantity of Indico received by him; which Indico such Inspector shall carefully secure in Barrels, Boxes or Cases; and the said Promissory Notes are hereby declared to be current and transferable in Payment of all Public, County and Parish Taxes, at the Rate or Price of Four Shillings, Proclamation Money, per Pound, and shall be paid and satisfied by such Inspector who signed the same, upon Demand: And every such Inspector shall be obliged, as is hereby required, to pack and secure all Indico by him received, in Barrels, Boxes or Cases; and for every Barrel, Box or Case, by him paid away in Discharge of any Promissory Note or Notes by him given, and containing Two Hundred Pounds Weight, Nett, and branded with the Gross, Tare, Nett Weight, and Name of the Inspector, and nailed and secured, fit for shipping, there shall be paid, by the Person receiving the same, the Sum of Five Shillings and Six Pence, to the Use of such Inspector; and so proportionably for Barrels, Boxes or Cases, containing less; and such Inspector shall also have an Allowance of Three per Cent. for all Indico he shall pay away in Discharge of any such Note or Notes, for Shrinkage and Waste; and if any Inspector by whom such Note shall be given, shall refuse or delay to satisfy the same when demanded, he shall forfeit and pay, for every such Refusal or Neglect, the double Value of such Indico so refused or neglected to be paid; to be recovered by Warrant, or Action of Debt, before any Jurisdiction, having Cognizance thereof, with Costs, to the Use of the Party grieved.

XIX. And be it further Enacted, That no Tender of Public, County, or Parish Taxes, in Indico, shall be accounted lawful, unless the payment of the same be tendered in Inspectors Notes as aforesaid; nor unless such Payment shall be tendered on or before the first Day of May, in the Year that they are or shall be payable.

XX. And be it further Enacted, That when any Indico shall be brought to any Inspection, and shall be refused by the Inspector there officiating, The Owner shall immediately sort and separate the bad and unmerchantable from such as is by this Act declared to be good and merchantable, at the Warehouse where the same was refused; and the Inspector shall receive so much thereof as in his Opinion is good and merchantable, and give a Note or Notes for the same.

XXI. And be it further Enacted, That every Inspector who shall be appointed by Virtue of this Act to inspect Indico, shall give constant Attendance at the Times and Places by the County Court ordered and appointed under the Penalty of forfeiting, to the Party grieved, Five Shillings, Proclamation

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Money, for every Day he shall fail or neglect to attend; to be recovered by Warrant, with Costs, before a Justice of the Peace, unless good Cause shewn for such Neglect or Failure.

XXII. And be it further Enacted, That if any Person or Persons shall sell or contract for any Indico, as good and merchantable, according to the Directions of this Act, and any Dispute shall arise between the Buyer and Sellor, concerning the Quality of the Indico offered or tendered in Discharge of such Contract, it shall and may be lawful for the Parties, or either of them, to call the nearest Inspector of the County wherein such Indico is tendered or offered as aforesaid, who is hereby required to obey such Call and inspect the same; and if it is, in the Opinion of such Inspector, good, merchantable, and of Quality to intitle the Exporter to the Bounty allowed by Act of Parliament, he shall pass the same, or otherwise refuse it, and such Inspector shall be paid for his Trouble by the Party against whom he shall give Judgment, Five Shillings and Four Pence, Proclamation Money.

XXIII. And be it further Enacted by the Authority aforesaid, That if any Person whosoever shall forge or counterfeit any Note of any Inspector, or tender in Payment, or expose to sale, any such forged or counterfeited Note, knowing the same to be such; or cause to be exported any Barrel of Pork, Beef, Rice, Flour, Butter, Tar, Pitch or Turpentine; or Barrel, Box or Case of Indico, or expose the same to Sale, Knowing the Brand thereon to be forged or counterfeited; or shall put or pack any Pork, Beef, Rice, Flour, Butter, Tar, Pitch, Turpentine, or Indico, into any Barrel, Firkin, Box or Case, branded by any Inspector as aforesaid, on Purpose to evade this Act, and to sell or export such Commodities without being inspected; every Person so offending, and being thereof lawfully convicted before any Court of Record, shall, by Order of such Court, have and receive, on his or her Back, Thirty-nine Lashes, well laid on; and moreover, shall suffer One Month's Imprisonment, without bail or Mainprize.

XXIV. And be it further Enacted, by the Authority aforesaid, That if any Inspector's Note as aforesaid shall be casually lost, mislaid or destroyed, the Person or Persons intituled to receive the Indico by Virtue of any such Note, shall and may go before a Justice of the Peace, and make Oath, in the Manner by Law directed concerning Inspectors Notes or Receipts for Tobacco being lost, mislaid or destroyed; and thereupon shall have the like Remedy and Relief, and be subject and liable to the same Penalties and Punishments for making false Oath therein, or producing forged Certificate, knowing the same to be forged, as Persons in the like Cases are by the said Law made liable and subject to.

XXV. And be it further Enacted, by the Authority aforesaid, That all Staves, Heading, Shingles, Boards, Planks, Joists, and Square Timber, which shall be sold or shipped on board any Ship or Vessel, for Exportation, shall be of the following Dimensions, otherwise shall not be deemed merchantable; and shall be forfeited to the Uses hereinafter mentioned, towit:

Butt Staves, shall be Five Feet Nine Inches long, Four Inches broad, and an Inch thick on the Heart or thin Edge.

Pipe Staves, Four Feet Eight Inches long, Four Inches broad, and Three-quarters of an Inch thick on the Heart or thin Edge.

Hogshead Staves, shall be Three Feet Six Inches long, Four Inches broad, and Three-quarters of an Inch thick on the Heart or thin Edge.

Barrel Staves, shall be Two Feet Eight Inches long, Four Inches broad, and Three-quarters of an Inch thick on the Heart or thin Edge, for the

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European Market; and those to be Exported to the Northern Colonies only, Thirty Inches long, same Breadth and Thickness.

White-Oak Hogshead Heading, shall be Thirty-two Inches long, Six Inches broad, and One Inch thick on the Heart or thin Edge.

Barrel Heading, shall be Nineteen Inches long, Six Inches broad, and Three-quarters of an Inch thick on the Heart or thin Edge.

Shingles, shall be Eighteen and a half Inches long, Five Inches broad, and Five Eighths of an Inch thick.

Which said several Sorts and Kinds, shall be of the Dimensions aforesaid, at the least, and well got, of good, sound, merchantable Timber.

And every Board, Plank or Scantling, being marked with the Number of more Feet than they contain, shall be forfeited.

And no Board or Plank shall be deemed merchantable, or passed by any Inspector that is not free from any Split Twelve Inches long, has no Edge less than Half an Inch thick, and is not free from Holes.

That every Piece of Scantling, or any other square Timber, marked with the Number of more Feet than it contains, is hereby declared to be forfeited, and shall not be passed.

That all Deer Skins that shall hereafter be exposed to Sale, shall be clean, and free from Flesh, and the Claws and Skulls taken therefrom, and otherwise merchantable.

XXVI. Provided nevertheless, That no Shingles, Boards, Planks, Square Timber, or Deer-Skins, shall be inspected, unless required.

XXVII. And be it further Enacted, That when any Disputes shall arise between the Buyer and Sellor of any Shingles, Boards, Scantling, Plank, Timber, or Deer-Skins, as aforesaid, in respect of the Quality, Dimensions, and Quantity thereof; it shall and may be lawful for either Party, to call on the nearest Inspector of the County (which Call he is hereby required to obey) to view, inspect, and measure the same; and to pass so much thereof as he shall be of Opinion is good and merchantable, according to the Directions of this Act, and to refuse the rest.

XXVIII. And be it further Enacted, That such Staves, Heading, Shingles, Boards, Plank, Scantling, Timber, and Deer-Skins, respectively, as shall be found, upon View, to be unmerchantable and unfit to pass, shall be forfeited, to the Use of the Parish wherein such View shall be had; and shall be, by the Inspector refusing the same, sold at Public Sale, for the Benefit of such Parish; and the Money arising by such Sale, shall be, by such Inspector, acounted for to the Churchwardens thereof, after deducting Six per Cent. for his Trouble.

XXIX. And be it further Enacted, by the Authority aforesaid, That if any Inspector by this Act to be appointed, shall receive or take, directly or indirectly, any Fee, Gift, Gratuity or Reward, whatsoever, of any Person, for resigning or giving up his Office of Inspector, he shall not only be forever thereafter disabled from holding or executing the said Office, but for such Offence, shall forfeit and pay the Sum of Forty Pounds, Proclamation Money; to be recovered, with Costs, in any Court of Record, to the Use of the Informer, by Action of Debt, Plaint or Information: And every Person offering and paying, directly or indirectly, any Gratuity or Reward whatsoever, to any Inspector, to resign or give up his said Office, shall for his said Offence, be forever disabled from holding the said Office of Inspector in this Province.

XXX. And be it further Enacted, That no Person, taking upon himself the Office of Inspector, shall, during his Continuance therein, be capable of being elected a Member of the Assembly: And if any Member of Assembly

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shall accept of the said Office during his being such, he shall be, and is hereby declared, from thenceforth, to be disabled to serve as a Member of Assembly; and shall not sit, vote, or act in Assembly, but shall be, to all Intents and Purposes, incapable, as if he never had been returned or elected a Member of Assembly.

XXXI. And be it further Enacted, by the Authority aforesaid, That every Inspector shall be intitled to the following Fees, to be paid in Proclamation Money; to-wit:

For every Barrel of Pork, Beef, or Rice, Eight Pence.

For every Barrel of Flour, Cask, or Firkin of Butter, Two Pence.

For every Barrel of Tar, Three Half Pence.

For every Barrel of Pitch or Turpentine, Two Pence.

For every Thousand Staves or Heading, One Shilling and Four Pence.

For every Thousand Shingles, Four Pence.

For every Thousand Feet, superficial Measure, of Boards, Plank and Scantling, One Shilling and Four Pence.

For every Ton of other Lumber, One Shilling. And,

For inspecting and weighing each Deer-Skin, One Penny.

XXXII. And be it further Enacted, by the Authority aforesaid, That the Inspectors of the several Commodities aforesaid, respectively, that now are, shall continue in Office, and are hereby declared to have full Power and Authority to execute same, until such Time as others shall be, by Virtue of this Act, nominated or appointed to the said Office.

XXXIII. And be it further Enacted, by the Authority aforesaid, That this Act shall continue and be in Force, for and during the Term of Three Years, after the passing thereof, and from thence to the End of the next Session of Assembly; and no longer.

CHAPTER XVI.
An Act for establishing a town on the lands formerly belonging to Zachariah Nixon, lying on the North east side of Little river, in Pasquotank county.

I. Whereas, it hath been represented to the Assembly, that in the year of our Lord one thousand seven hundred and forty-six, one hundred and sixty-one and a half acres of land were purchased for a town and commons, fifty acres of which hath been laid out in half acre lots, with convenient streets; that there are now upwards of twenty habitable houses erected thereon, and upwards of seventy inhabitants; and the same might soon be improved, if it was erected into a town by lawful authority.

II. Be it therefore enacted, by the Governor, Council, and Assembly, and by the authority of the same, That the said one hundred and sixty-one and a half acres of land, be, and the same is hereby constituted, erected and established a town, and a town commons, and shall be called by the name of Nixon's town.

III. And be it further Enacted, by the Authority aforesaid, That from and after passing this Act, Joseph Robinson, Thomas Nicholson, William Lane, Aaron Morris, and Francis Nixon, 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, in the said one hundred and sixty-one and a half acres of land, to and for the uses, intents, and purposes, herein expressed and declared; that the said directors, or any three of them, shall have full power and

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authority to meet as often as they shall think necessary, and cause an exact plan of one hundred acres of said land to be made, as near as may be, agreeable to the streets already laid out, and to insert a mark or number of each lot; which plan shall be kept in some convenient place in the said town, for the view of such persons who have, or are inclined to have a lot or lots in the same.

IV. Provided nevertheless, that nothing in this Act contained shall be construed or extend to grant power to the said directors, or their successors, or to dispose of, or interfere with, the titles of any lot or lots already saved in the said town, or for which any person or persons have, at the time of passing this Act, a deed of sale or conveyance, signed and executed according to law, either by Zachariah Nixon, in his life time, or by the person impowered by his last will and testament to do the same: but such deeds or conveyances as aforesaid, provided that the lot or lots therein mentioned has or have been saved, or be hereafter saved within three years after the passing this Act, in the same manner as the lots hereafter to be granted are to be saved, pursuant to the directions of this Act are hereby confirmed, in fee, to such person or persons, and to his or their heirs and assigns forever.

V. And whereas, it may be that some person or persons owner or owners of one or more saved lots in the said town has, or have neglected to have the said lot or lots made over to them by deed or conveyance, by either the said Zachariah Nixon, in his life time, or by the person appointed by his last will and testament so to do since his decease; in order, therefore, to quiet and secure the said person or persons in the possession of his or their lot or lots, it is hereby enacted, by the Authority aforesaid, that the said directors, or the majority of them, shall, at the proper cost and charges of the person or persons having one or more saved lot or lots not made over to them, make and execute deeds for granting and conveying the same to him or them, his and their assigns forever.

VI. And be it further Enacted, by the authority aforesaid, That the said directors, or a majority of them, within one month after the laying out of the said town, and making the plan thereof, shall appoint a time, and give public notice thereof, and so from time to time, as often as they shall think it necessary to make sale of any lot or lots therein laying vacant or unimproved, to the highest bidder: and the said directors or a majority of them, shall make and execute deeds for granting and conveying the same to such person, his heirs and assigns, for ever, at the cost and charge of the grantee to whom the same 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.

VII. Provided nevertheless, That every grantee of any lot or lots in the said town so conveyed, shall, within three years next after the date of the purchase, erect, build, and finish, on each lot so conveyed, one good habitable house, with a brick or stone chimney, twenty feet long, fifteen feet wide, and nine 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 shall not comply with the directions by this Act prescribed, for building and finishing an house thereon then such lot shall be revested in the said directors; and the said directors, or the majority of them, may, and they are hereby impowered and authorized, to sell such lot, in the same manner as if the said lot had never been sold or granted; and in the case of the refusal or neglect of any purchaser to pay the sum agreed for, the said directors shall and may commence, and prosecute a suit in their own names, for the same, and thereon recover judgment with costs.

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VIII. And be it further Enacted, That all monies which shall arise by the sale of said lots shall be paid to, the said directors, and their successors, and by them applied for the benefit and improvement of the said town, in such manner as the majority of the said directors shall think proper.

IX. And further continuing the succession of the said directors until the said town shall be incorporated, be it further Enacted, by the Authority aforesaid, in case of death, refusal to act, or removal out of the county, of any of the said directors, the remaining directors, or the majority of them, shall assemble at said town, 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 removal out of the county; which new director, so, nominated and appointed, shall, from thenceforth, have a like power and authority, in all things in the matter herein contained, as if he had been expressly named and appointed in and by this Act.

CHAPTER XVII.
An Act to Establish a Public Ferry from Solley's Point to Relf's Point, wherein the Court House now stands on Pasquotank River.

I. Whereas, the Court House in Pasquotank County is now situated on Relf's Point on the South side of Pasquotank River, and the Inhabitants on the North side of the said River are obliged to attend at the said Court House during the sitting of the Court, The Elections of Members of Assembly and Vestrymen for the said County are at the expence of Ferriage in passing and repassing the said River, when the inhabitants on the South side of the said River are not liable to that Expence: For Remedy whereof for the Future.

II. Be it Enacted by the Governor, Council and Assembly, And by the Authority of the same, That the Justices of the said County, or the Majority of them, Assembled in Court are hereby Authorized, Impowered, and Required Yearly, and every Year at the next Court to be held for the said County after the first Day of May, to lay a tax not exceeding Two Pence, Proclamation Money, on each Taxable Person in the said County to be collected and Accounted for with the Justices of the said County by the Sheriff of the said County, as other Taxes of the said County are to be Collected and Accounted for, and under the like Penalties and Forfeitures; To be by them applied and appropriated as a reward to the several Ferrimen now Appointed or hereafter to be Appointed by the Court of the said County, to keep a Ferry to and from Solley's Point to Relf's Point to and from which they shall and are hereby obliged to set over Ferriage free all Persons resident in the said County going to and returning from the said Court, The Election of Burgesses, and Vestrymen and General Muster of the said County.

III. And be it further Enacted by the Authority aforesaid, That the Justices of the said County are hereby Authorized, Impowered and Required out of the Money's arising

CHAPTER XX.
An Act to relieve John Pope from a Judgment obtained against him in favor of the Parishes of Edgecombe and St. Mary.

I. Whereas, in the year one thousand seven hundred and fifty-three the vestry of the parish of Edgecombe, in the county of Edgecombe, did lay a

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tax of three shillings and two pence, proclamation money, upon each taxable person in the said parish, for defraying the charges of the same, and appointed John Pope, gentleman, collector thereof; but it afterwards appearing that the said vestry was not legal, the said John Pope could not levy the said tax, or otherwise compel payment thereof; notwithstanding which, judgment hath been recovered against the said John Pope for the same, and he hath discharged great part thereof; And the said parish of Edgecombe, since imposing the said tax, hath been divided, and a part thereof erected into a distinct parish, by the name of the parish of St. Mary; and Vestries of the said parishes are in doubt whether they have power to release the said Judgment without paying thereof, or refund the said John Pope, the money by him paid in part thereof:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the authority of the same, That the Vestries of the said parishes respectively, may, and are hereby authorized and impowered, to repay the said John Pope such proportion of the said tax as they respectively have received, and to grant a release or releases to him for such part of the said judgment as they are intitled to receive, or so much of each as to them, in their discretion, shall seem reasonable; any law, or usage to the contrary, notwithstanding.