powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Acts of the North Carolina General Assembly, 1759
North Carolina. General Assembly
May 08, 1759 - May 18, 1759
Volume 25, Pages 391-392

-------------------- page 391 --------------------
LAWS OF NORTH CAROLINA--1759.

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 Eighth Day of December, in the Year of our Lord One Thousand Seven Hundred and Fifty-Nine, to be then held at New Bern; being the Eighth Session of Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.
An Act, for raising Money for finishing the Churches in the Parishes of St. James and St. Philip, in New Hanover County, by a Lottery.

I. Whereas, the Churches in the Parishes of St. James and St. Philip, in New-Hanover County, remain unfinished for Want of a sufficient Fund for defraying the Expence thereof, beside the Money arising by the late Tax on the Inhabitants of the said Parishes, and the Method of raising Money by a Lottery, in the Manner hereinafter mentioned, being a more easy Way than by an additional Tax for that Purpose.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the authority of the same, That Mr. Jehu Davis, Mr. Marmaduke Jones, Mr. Alexander Duncan, and Mr. John Paine, or any Three of them, shall be, and are hereby appointed Managers, for undertaking, carrying on, and drawing a Lottery in Wilmington, for the Purposes aforesaid; with Power and Authority to issue Two Thousand Tickets; to be signed by themselves, at the Price of Thirty Shillings, Proclamation Money, each, in the following Form, viz:

No. ——

CAPE-FEAR CHURCH LOTTERY.

This Ticket intitles the Bearer to whatever Prize shall be drawn against this Number, deducting Fifteen per Cent. as by an Act of Assembly passed in May, 1759.

And on the Twelfth Day of November next, at the Court-house in Wilmington, the said Managers shall begin the Drawing the said Lottery; in which the Tickets shall be calculated as sold, viz:

One Prize of £100 is £100 0 0
Four Prizes of 50 each, 200 0 0
Ten Prizes of 40 each, 400 0 0
Twenty-five Prizes of 20 each, 500 0 0
Fifty Prizes of 10 each, 500 0 0
One hundred and Six Prizes of 5 each, 530 0 0
Three Hundred Prizes of 2 10s 750 0 0
One first drawn 10 0 0
One last drawn 10 0 0
———
£3000 0 0

And the Remainder to be Blanks.

-------------------- page 392 --------------------

III. Provided always nevertheless, That in Case the whole Number of Tickets are not disposed of by the Day above mentioned, the said Managers may postpone the drawing thereof, not exceeding Six Months longer.

IV. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the said Managers to deduct, out of the Amount of every Prize, Fifteen per Cent, to be applied as hereafter mentioned: But before the said Managers shall issue any Tickets for the said Lottery, they shall give Bond, payable to his Excellency the Governor, and his Successors, in the Penalty of Three Thousand Pounds, Proclamation Money; with Condition, for their faithful Discharge in the Trust reposed in them by this Act: Which Bond shall be recorded in the County Court of New-Hanover: And any Person injured, may have a Scire Facias, and Judgment thereon, against the Managers, in the Supreme Court, or County Court of New-Hanover, according to their Demand: And if any Manager shall sell or dispose of any Ticket before having given such Bond, he shall forfeit and pay Fifty Pounds, Proclamation: To be recovered by Action of Debt, Bill, Plaint or Information, by any Person that will sue for the same.

V. And be it further Enacted, by the Authority aforesaid, That the said Managers shall, each of them, on or before the last Day of June next, before the Chief Justice, or one of the Justices of the Supreme Court, at Wilmington, take the following Oath, viz:

I, A. B., do solemnly swear, That I will faithfully execute the Office of Manager of the Cape-Fear Church Lottery, according to the Directions of the Act of Assembly in that Case made and provided. So help me God.

And every Manager failing to take such Oath, shall be liable to be sued for a Forfeiture of his Bond above mentioned: Which said Oath shall be certified to the next succeeding County Court of New-Hanover.

VI. And for the more speedy Disposal of the said Tickets; Be it Enacted, That the Managers shall have Power, and they are hereby authorized to take out Tickets, for and in behalf of the said Churches, to the Amount of the Sum of Four Hundred Pounds, Proclamation Money, or any lesser Sum, if they shall think it will be for the Advantage of the Churches aforesaid; and the Tickets so by them taken, shall be paid for out of the Fifteen per Cent. to be deducted out of the several Prizes; and the Money that may arise by the same, and also, the Money arising by the Sale of the other Tickets, after deducting Fifty Pounds for their Trouble and Expence of drawing the Lottery, Keeping the Accounts, paying the Prizes, and all other Charges attending the same, shall, by the said Managers, so soon as the Drawing of the said Lottery shall be over, be paid, One Half to the Commissioners of the Church of St. James, and the other Half to the Commissioners for the Church of St. Philip; to be by them severally applied for finishing the respective Churches.

VII. And be it further Enacted, by the Authority aforesaid, That all Prizes not demanded within Six Months after the Drawing the same, shall be deemed generously given for the Use of the Churches; and shall be paid over by the Managers to the Commissioners accordingly.