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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1759 - 1760
North Carolina. General Assembly
November 20, 1759 - January 09, 1760
Volume 25, Pages 393-404

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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 May, in the Year of our Lord One Thousand Seven Hundred and Fifty-nine, to be then held at New Bern: Being the Ninth Session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.
An Act to Amend and Continue an Act, Intituled, an Act for the better Regulation of the Militia, and for other Purposes.

I. Whereas, an Act Intituled an Act for the better Regulation of the Militia, and other Purposes, is near expiring and the Power by the said Act for raising the Militia and Marching them against the Enemy, is limited to the Opposing Invasions and Supporting Expeditions within this Province only,

II. And Whereas, it is absolutely necessary on this present Immergency that part of the Militia should march to joyn the Troops of South Carolina, now near our Frontier, and upon an Expedition to Obtain Satisfaction of the Cherokee Indians, for divers Murders and Depredations committed by them on our back Settlements, for remedy whereof,

III. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That the Governor or Commander in Chief for the time being, by, and with the Advice and Consent of His Majesty's Council, may during the Continuance of this Act, Order to be raised and Marched out of this Province so many of the Militia as shall be judged expedient to joyn the Forces of our Neighboring Provinces of South Carolina and Virginia in Opposing any Invasions or Supporting any Expedition against the Common Enemy, And the Several Officers and Soldiers so raised shall be under the same rules and regulations and lyable to the same pains and Punishments as are Provided in the before recited Act in case of Invasions within this Province.

IV. And be it further Enacted by the Authority aforesaid, That the several Officers of the Militia while in Actual Service shall be allowed the same pay as the Officers of the two Company's now in the pay of this Province and that each Serjeant shall be allowed Two Shillings and Eight Pence, a Corporal Two Shillings, A Drummer two Shillings and each private Man One Shilling and four pence Per Day and their Provisions and Ammunition found them. Provided, nevertheless, That no Commissioned Officer shall receive pay for more than one Commission.

V. And be it further Enacted by the Authority aforesaid, That the before recited Act and every Clause and Part thereof except such part as is hereby amended shall be and Continue in force for and during the space of Six Months and from thence to the end of the next Session of Assembly and no longer.

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CHAPTER II.
An Act for Granting an Aid to His Majesty for paying and Subsisting the Forces and Militia now in the pay of this Province, and for other Purposes.

I. Whereas, the Cherokee Indians contrary to their Allegiance have lately committed several horrid Murders and Depredations on his Majesty's Subjects in this and the Neighbouring Provinces, and the present Assembly out of a desire of obtaining Satisfaction for the same, as well as to prevent future Injuries of the like kind, have by one Act of Assembly, Intituled, An Act to amend and continue an Act, Intituled, “An Act for the better Regulation of the Militia, and for other Purposes,” Impowered his Excellency the Governor to March the Troops now in the Pay of this Province and so many of the Militia thereof, as he shall think necessary to Join the Forces of South Carolina in an Expedition intended against the said Cherokees.

II. Be it therefore Enacted by the Governor, Council and Assembly, and it is hereby Enacted by the Authority of the same, That His Excellency the Governor, may and he is hereby Authorized and Impowered to Order the Troops now in the Pay of this Province, and so many of the Militia thereof as he shall think necessary to March and Join the Forces of South Carolina in an Expedition as aforesaid, and to continue on the said Duty until the tenth day of February next, if His Majesty's Service shall so long require it, and no longer.

III. And be it further Enacted by the Authority aforesaid, That a Company of the Forces now in the pay of this Province, to consist of one Captain, one Lieutenant, one Ensign, two Drummers and thirty effective Men from and after the said tenth day of February next, shall be imployed by the Governor or Commander in Chief for the Time being, in Garrisoning the several Forts of this Province and preventing Incursions by the said Cherokees and shall continue in Pay until the tenth day of November next if the Governor or Commander in Chief shall think that His Majesty's Service will require the said Company so long to be Continued. And shall be paid the following Pay, to-wit: The Captain, Six Shillings and Eight Pence per Diem; The Lieutenant, four Shillings per Diem; The Ensign, Three Shillings; the Drummer, one Shilling; and each private Man Eight pence per Diem. And also shall be allowed six pence per Diem for Subsistence.

IV. And be it further Enacted by the Authority aforesaid, That the sum of Five Thousand Five Hundred Pounds, Proclamation Money, be applied for defraying the Charges of paying and Subsisting the said Forces and Militia agreeable to the Directions of the aforecited Act and discharging the Arrears due from the Contingent Fund.

V. And whereas, there is no Money in the Publick Treasury to Answer the said Sum to the End that His Majesty's Service may not be Delayed for want thereof, nor the Credit of the Province affected.

VI. Be it further Enacted by the Authority aforesaid, That John Starkey and Thomas Barker, Esquires, Public Treasurers of this Province, out of the Public Notes of Credit already replaced and hereafter to be replaced in their Hands as a Fund for endowing a Public School, building Churches and purchasing Glebes so soon as may be after the passing of this Act when thereunto Required shall make payment out of the said Notes of Credit so as aforesaid Replaced, and to be Replaced with them, for the Purposes aforesaid to the several Creditors of the Public Claims Chargeable on the Contingent Fund to the Amount of Two Thousand Pounds, which said Sum is hereby appropriated to and for Payment of the Debts of the Public, And shall not be

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applied to any other Intent or Purpose whatsoever. And the sum of Three Thousand Five Hundred Pounds, the remainder of the said sum of Five Thousand Five Hundred Pounds, shall by the said Treasurer be paid to such Person or Persons as the Governor or Commander in Chief for the Time being, shall by his Warrant, Order and appoint.

VII. Provided nevertheless, That such Person or Persons before Receiving the said Money by Virtue of such Warrant shall enter into Bond with good and sufficient Security to his Majesty, his Heirs and Successors, in double the Sum he shall so Receive, with Condition that he will when required by the General Assembly Account with them for the Sum or Sums, he shall receive from the said Treasurers, or either of them, by Virtue of such Warrant, which Bond shall be Lodged with the Treasurer who takes the same, and in case of Breach of the Condition thereof, the same may be put in Suit on Judgment being obtained, the Money Recovered thereon shall be applied towards defraying the Contingent Charges of Govrnment in such manner as the General Assembly shall Direct, and to no other Use or Purpose whatsoever.

VIII. And be it further Enacted by the Authority aforesaid, That the said Public Treasurers, or one of them, shall and they are hereby required to make a Minute in Writing on the Face of each Note of Credit by them Uttered in payment as aforesaid of the time of such payment, Which Note and Minute thereon shall Entitle the Possessor thereof, to the Principal Sum therein Specified, to be paid out of the Public Treasury on the Tenth day of December, which shall be in the Year of our Lord, one Thousand Seven Hundred and Sixty Three, and until the said Time, the said Notes respectively to the Owners and Possessors thereof, shall and are hereby Declared to answer all and every Purpose, they could or might do by Virtue of the several Acts of Assembly by which they were first Emitted (Interest thereon only Excepted).

IX. And be it further Enacted, That the said Treasurers Respectively, shall and may Charge on their Accounts against the Public for all the Interest accrued on the said Notes until the time of their Receiving them into the Public Treasury, and also shall be paid for their Trouble in making the Minute as aforesaid on the said Notes of Credit, and paying the same away, One per Cent.

X. And be it further Enacted by the Authority aforesaid, That a Poll Tax of One Shilling and Eight Pence shall be laid and Levied on each Taxable Person within this Province, Annually for the Years One Thousand Seven Hundred and Sixty-one, One Thousand Seven Hundred and Sixty-two, and One Thousand Seven Hundred and Sixty-three for Replacing the said Five Thousand Five Hundred Pounds to be Collected by the Sheriffs of the several Counties and accounted for and Paid to the Treasurers of the several Districts at the same time & in such manner, and under the like Penalties as are by Law directed for the Collecting accounting for, and paying other Public Taxes.

XI. And be it further Enacted by the Authority aforesaid, That if the Tax by this Act imposed shall amount to more than will answer the Purposes hereby intended and Directed, the Surplus shall be applied towards Defraying the Contingent Charges of Government in such manner as the Governor, Council and Assembly, shall direct and to no other Use, Design or Purpose Whatsoever.

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CHAPTER III.
An Act for the Appointment of Vestries.

I. Whereas, it is absolutely necessary that a Vestry be Immediately appointed for each parish within this Province to make Provision for the Clergy and support of the Poor.

II. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the Same, That the Respective persons who now are Vestrymen within this Government, be, and are hereby appointed Vestrymen of the respective Parishes thereof, and shall and may Hold and Enjoy the said office in the respective Parishes in which they now Act as such during the Continuance of this Act.

III. And be it further Enacted by the Authority aforesaid, That the Vestrymen of each parish, or a Majority of them, shall, and they are hereby Required within Forty days after Easter Monday in every year, to Elect and Choose out of the said Vestry two fit Persons to Execute the office of Churchwardens for their Parish, and in Case any Person so Elected shall refuse to Execute the said Office, the said Vestrymen shall, and may Elect another Churchwarden in the room of him so refusing.

IV. And be it further Enacted, That the Vestries of the Several Parishes shall have full Power and Authority upon the refusal to Act, Death, or Removal out of the Parish of any of the said Vestrymen to Elect and Choose another Vestryman, being a Freeholder, instead of him so refusing, Dying, or Removing out of the Parish.

V. And be it further Enacted by the Authority aforesaid, That the aforesaid Vestrymen respectively, shall within Sixty days after the Passing of this Act take the Oaths by Law Appointed for the Qualification of Public Officers and Repeat and Subscribe the Test, and also repeat and Subscribe the following Declaration, to-wit: I, A. B., do declare that I will conform to the Liturgy of the Church of England as it is by Law Established.

VI. And every Person who shall hereafter be Elected to the Office of a Vestryman agreeable to the direction of this Act shall within Sixty days after his being so Elected, take the oaths aforementioned and repeat and subscribe the Test and Declaration aforesaid, and every Person by this Act appointed, or to be Elected, a Vestryman in manner herein Directed, who shall fail or neglect to Qualify himself in manner aforementioned, shall forfeit and pay the sum of Three pounds to the use of the Parish, whereof he is an Inhabitant to be recovered before any Inferior Court by action of Debt with Costs.

VII. And be it further Enacted by the Authority aforesaid, That the Vestry of each Parish shall have full power and authority and are hereby required between Easter Monday and November yearly, to Lay such a Poll Tax as they shall Judge Necessary for Paying the Salary of a Minister, Supporting the Poor and Satisfying other Expences of their Respective Parishes.

VIII. And be it further Enacted by the Authority aforesaid, That every Sheriff in this Government shall be, and is hereby appointed, Collector of all such Taxes as shall be laid by the Vestry or Vestries within his County and shall enter into Bond with sufficient Securitys to the Churchwardens of every Vestry that he will duly Collect and receive such Taxes and pay the same to the Vestry or their Successors for the use of the Parish which Tax shall be Collected at the time and accounted for in like manner and under the same rules and regulations and subject to the same Method of Recovery as Public Taxes ought by Law to be Collected and Accounted for, and the Sheriff shall be Allowed Six per Cent. for his Trouble.

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IX. And be it further Enacted by the Authority aforesaid, That the Freeholders of every parish wherein there is not a Vestry at the Passing of this Act shall, and they are hereby Impowered and required to meet on the first Tuesday in June next at the Court House or place where the Inferior Court shall be held and in the presence of the Sheriff, or under Sheriff, then and there Elect twelve Freeholders to serve as Vestrymen for such Parish, who may Elect Churchwardens and enjoy every other Privilege that any other Vestryman may or can.

X. And be it further Enacted by the Authority aforesaid, That every Vestry shall have full power and authority to Ask, Demand and receive of every person and persons whatsoever, all and every Sum and Sums of Money due to the Parish and to apply the same to the use and Benefit of such parish and in Case any Person or Persons Indebted to any Parish shall refuse to Pay the same it shall and may be Lawful for the Vestry to prosecute a Suit in the name of the Churchwardens for the same, and to recover therein. And the Vestry of every respective Parish shall in Behalf of the parish be answerable to any Creditor for whatsoever Debts are due from their Parish in the same Manner as if such Debts had been Contracted by the said Vesty.

XI. And be it further Enacted by the Authority aforesaid, That the Vestry of every Parish in this province shall hereafter be held at the Church of the Parish or where there is no Church, at the Court House, or usual place of holding the Court of the County; any Usage or Custom to the Contrary, notwithstanding.

XII. And be it further Enacted by the Authority aforesaid, That this Act shall Continue and be in force for one year from and after the passing hereof, and from thence to the End of the next Session of Assembly, and no Longer.

CHAPTER VI.
An Act to impower Lawrence Thompson, late Sheriff of Orange County, to Collect and Receive Tax of Two Shillings, Proclamation Money, laid on the Taxable Persons in the County of Orange by an Act of Assembly of this Province, Passed in the Thirteenth Year of the Reign of our Sovereign Lord George the Second of Great Britain, France and Ireland, King and so forth.

I. Whereas, in and by an Act of Assembly of this Province passed the twenty-fifth day of October in the Year of our Lord One Thousand Seven Hundred and Fifty-six, Intitled “An Act for Granting to his Majesty an Aid of Three Thousand Four Hundred Pounds to defray the expence of Erecting a Fort, raising and paying two Companies for the Defence of the Western Frontier of this Province,” among other things it is Enacted, That a Poll Tax of two shillings on each Taxable Person within this Province for the next ensuing Year should be collected by the Sheriffs of the several Counties and by them accounted for and paid to the Treasurers of the respective Districts at the same time and in the same manner and under like Penalties as is by law directed for the Collecting, accounting for and paying other public Taxes, and applied as is therein directed. And Whereas The said Act, after Ratification thereof, was not transmitted to the said County of Orange in due time, and the Clerk of the Court of the said County, incerting in the List of Taxables in the said County for the year One Thousand Seven Hundred and Fifty Six, which he delivered to the said Lawrence Thompson whilst he was

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Sheriff of the said County as a Guide in collecting the Taxes for that Year; That the whole of the Tax for the said Year from each Taxable person amounted only to Eight Shillings and one penny; Wherefore the said Lawrence Thompson collected and Received from Each Taxable Person within the said County Eight Shillings and one Penny only, when in Truth the whole of the Public Tax due from each taxable Person for the said Year amounted to Ten Shillings and one penny. And the said Lawrence Thompson being liable to account for and pay to the Treasurer aforesaid, The said Tax of Two Shillings for That Year for each Taxable then in the said County out of his private Estate, to the great Impoverishment of his Family; for Remedy Whereof—

II. Be it Enacted by the Governor, Council and Assembly, And by the Authority of the same, That it may and shall be Lawful for the said Lawrence Thompson, His Heirs, Executors and Administrators, to Collect and receive of and from each Taxable Person then within the said County of Orange the Sum of Two Shillings, Proclamation Money; and in Case of Non Payment of the same after Six Months' public Notice given by the said Lawrence Thompson, his Heirs, Executors or Administrators, of this Act and the contents thereof, It shall and may be Lawful for the said Lawrence Thompson, his Heirs, Executors or Administrators, to levy by Distress and Sale of the Delinquent or Delinquents' Goods and Chattles the said Tax so due from him or her or them in the same manner which he might or could have done during the time of the Sheriffalty of the said Lawrence Thompson.

III. And be it further Enacted by the Authority aforesaid, That in Case the said Lawrence Thompson, his Heirs, Executors or Administrators shall neglect to Collect and Receive the said tax of two shillings, Proclamation Money from the said Taxable persons then within the said County for the space of Two Years from and after the Ratification of this Act, Then and from Thence Forth all the powers and Authorities hereby given to the said Lawrence Thompson, his Heirs, Executors and Administrators, shall Cease and Determine; any thing in this or any former Act or Acts to the contrary, thereof in any wise Notwithstanding.

CHAPTER VII.
An Act for enlarging the time allowed for saving lots in the town of Halifax, preventing the building wooden Chimnies therein, and other purposes.

I. Whereas, by an Act of Assembly, passed in the thirty-first year of his present Majesty, intituled “An Act for establisheing a town on the land of James Leslie, on Roanoke river,” among other things, is provided that the grantee of every lot in the said town shall, within three years after obtaining a conveyance for the same, erect and finish thereon a house of the dimensions therein specified; and on failure thereof, every lot whereon such house shall not be so erected shall be revested in the directors of the said town, by the said act appointed: and, whereas, the small pox have raged in the said town for many months past, whereby many persons have been prevented from saving their lots, agreeable to the direction of the said act:

II. Be it therefore enacted by the Governor, Council and Assembly, and by the authority of the same, That every lot in the said town on which a house shall be erected and built of the dimensions mentioned in the said act within the space of five years next after the passing of this act, and

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also every lot therein which shall hereafter be sold or conveyed on which such house shall be erected within the space of five years after the date of the conveyance made for the same, shall be, and is hereby declared to be vested in the grantee thereof in fee simple; anything in the said recited act to the contrary notwithstanding.

III. And whereas, suffering wooden Chimneys to be bulit in the said town, may occasion accidents by fire; be it further enacted, by the authority aforesaid, That no person whatsoever shall hereafter erect any wooden chimnies in the said town; and every person who hath already built any such wooden chimney therein shall pull down or remove the same within the term of five years, next after the passing of this Act; and if any person or persons shall presume to act contrary hereto, in erecting any wooden chimney in the said town, or in failing to pull down and remove, within the time aforementioned, any such wooden chimney by him already erected herein, the directors herein afore mentioned, or any two of them are hereby authorized, impowered and required, to pull down and destroy every such chimney and shall not be liable to any action or damage for so doing; and if the said directors, or any of them, shall be sued for the same, they may plead the general issue, and give this act in evidence.

IV. And whereas, John Gibson, gentleman, one of the directors of the said town by removing to the colony of Virginia, hath vacated his said office; be it therefore Enacted, by the Authority aforesaid, That from and after the passing of this Act, Thomas Barker, Alexander M'Culloch, Robert Jones, Jr., Richard Browning, Stephen Dewy, Thomas McKnight, and Daniel Weldon, gentlemen, be, and are hereby appointed directors, and trustees of the said town; and shall and may use and exercise the same powers and authorities as the directors thereof, appointed by the aforesaid Act could or might have exercised, used, and enjoyed by virtue of the same, and in case of the death, refusal to act, or removal out of the country, of any of the said directors, the surviving or other directors shall and are hereby required, and impowered, to chuse another director, agreeable to the directions of the said Act, in the room of him so dying, refusing to Act, or removing out of the country.

V. And be it further Enacted by the authority aforesaid, That the said directors, or any three of them, shall and may, and are hereby authorized and impowered, to make and execute deeds for granting and conveying to every person and persons, who have already purchased, or hereafter shall purchase, any lot or lots in the said town; and every person claiming any such lot or lots, by virtue of any such conveyance, shall and is hereby declared to have an indefeasible estate, in fee-simple in the same.

CHAPTER X.
An Act, to impower and direct the Commissioners of the Districts hereinafter mentioned, to lay out and make the new Roads.

I. Whereas, a Public Road from Anson County to Livingston's Creek Bridge, on the Bounds of New Hanover County, would be of Great Use and Benefit, as well to the Inhabitants of Anson County, as to those residing on the Little Peedee, Drowning Creek, White Marsh, and Parts adjacent, in Bladen County, for transporting their Produce in the most convenient Manner to Market;

II. Be it therefore Enacted, by the Governor, Council, Assembly, and by the Authority of the same, That the Commissioners of the White Marsh

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District, or the Majority of them, shall, within Six Months next, after the passing of this Act, finish laying or staking out, or cause to be staked out in the most convenient Manner, the Road already begun from the East End of the White Marsh Causeway, to Livingston's Creek Bridge aforesaid; and that the said Commissioners, or the Majority of them, shall also, within Twelve Months next after the passing of this Act, lay or stake out, or cause to be staked out, a Road from the Westerly End of the White Marsh Causeway, to the dividing Line between Anson and Bladen Counties, in the most convenient Manner for the Inhabitants of Anson as shall be agreed on by the Majority of the Commissioners of the White Marsh District, with Mr. John Hamer, Charles Robinson, and Morgan Brown, or the Majority of them, and in Case of Failure or Neglect, thereof within the Times aforesaid, they shall forfeit and pay the Sum of Twenty Pounds, Proclamation Money, for such Neglect; and in such case it shall and may be lawful for the Court of either County to appoint and agree with three such Persons, or more, as they shall think proper, to lay or stake out the said Road, who shall be paid out of the Forfeiture aforesaid; and the Road so laid out by the Authority of such Court, shall be, to all Intents and Purposes, the High Road, as effectual as if the same had been laid out by the Commissioners aforesaid.

III. And be it further Enacted, by the Authority aforesaid, That the Commissioners of the Roads for the First District in Bladen County are hereby required, within Two Years next after the passing of this Act to Cause all Persons liable to work upon the Roads from Livingston's Creek to a small Creek or Run, called Plummer's Run, near Carver's Creek, to open and make the said Road, and to make all such Bridges that may be necessary from Livingston's Creek Bridge aforesaid, to a Pine Tree Two Miles to the Eastward of Fryer's Swamp: Which said Pine Tree is hereby declared to be the dividing Line between the first District in Bladen County, and the White Marsh District Aforesaid; and that the Commissioners of the White Marsh District are also hereby required, within Two Years next after the passing of this Act, to cause the said Road to be opened and made, and to make, or cause to be made, all such Bridges that may be necessary, from the Pine Tree aforesaid, through the said Swamp, to the East End of the White Marsh Causeway aforesaid: And also that the said Commissioners of the White Marsh District, are likewise hereby required, within Three Years next after the passing of this Act, to cause the said. Road to be opened and made and to make, or cause to be made, all such Bridges that may be necessary from the West End of the White Marsh Causeway, to such Place on the Dividing Line between Bladen and Anson Counties, as shall be agreed on by the Majority of the Persons herein before mentioned.

IV. And whereas, a Road on the Southwest Side of Black River, in Bladen County, from the lower Boundary of the said County up the said River to Thomas DeVaun's Ferry, and from thence to Jones Creek Bridge, would prove very beneficial to the Inhabitants of said County, and others; Be it further Enacted, by the Authority aforesaid, That Isaac Jones, Joseph Howard, and Thomas Devaun, Jun., be, and they are hereby appointed Commissioners of the Roads for the Black River District in Bladen County, with the same Powers and Authorities, and liable to the same Penalties and Duties as any other Commissioner: Which said Commissioners are hereby required, within Two Years after the Passing of this Act, to cause all Persons in the said District liable to work upon the Roads, to open and make a Road on the Southwest Side of Black River, from the lower Boundary

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of Bladen County up the said River to Thomas Devaun's Ferry, and from thence to Jones's Creek Bridge.

V. And be it further Enacted, by the Authority aforesaid, That in Case the Commissioners of the Roads of the said District, or either of them, shall refuse or neglect to make, or cause to be made, the Roads aforesaid, then, and in such Case, they, or either of them, so neglecting or refusing, shall forfeit and pay the Sum of Thirty Pounds, Proclamation Money; and that the Fines and Forfeitures becoming due by Virtue of this Act, shall be recovered by an Action of Debt, in such Court where it is Cognizable, by any Person who will sue for the same; wherein no Essoign, Injunction, Protection, or Wager of Law shall be allowed or admitted of.

VI. And be it further Enacted, by the Authority aforesaid, That one Fifth Part of all Fines and Forfeitures becoming due by Virtue of this Act, shall be to the Person or Persons suing for the same; the other Four Fifths shall be applied by the Court wherein it is recovered, for and towards making the Roads in such Districts where the same shall or may become forfeited.

VII. And be it further Enacted, That Robert Rowan, John Gibbs, John Burgwin, John Turner, and David Mourley, be, and are hereby appointed Commissioners of the White Marsh District, with the same Powers and Authorities, and Liable to the same Penalties and Duties, as any other Commissioners.

CHAPTER XII.
An Act for Appointing Commissioners to finish the Court-house already begun in the Town of New Bern, and for other Purposes.

I. Whereas, the Court-house for the County of Craven, already begun in the Town of New Bern, now lies in a ruinous condition, and the Work not carried on, by the Reason of a Commissioner appointed by an Act of Assembly for that Purpose, wholly neglecting the same;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the Honourable Richard Speight, Esq., John Fonvielle, Thomas Graves, John Clitherall, Edmund Hatch, Richard Fenner, and Jacob Blount, Esquires, be, and are hereby appointed Commissioners, for carrying on, and fully compleating the said Court-house, agreeable to the first Plan of the same and that they publicly advertise the Building to be let to the lowest Bidder, giving a reasonable Time of Notice; and that whoever may undertake the said Court-house, to give Bond and Security to the Justices of the said County of Craven, and their Successors, for Completely finishing the same in a limited Time, by the said Commissioners, or a Majority of them, to be agreed on.

III. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the said Commissioners, or a Majority of them, and they, or the Majority of them, are hereby required and directed to call on all Persons who have any Monies in their Hands that have been, or may be levied for building the said Court-house, to account for the same; and on their Neglect or Refusal to pay the same, that the like Method and Proceeding may be had against them by the said Commissioners, as are to be had by the Laws of this Province against Persons who have Public Monies in their Hands and refuse or neglect to account for or pay the same.

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IV. And whereas, by an Act of Assembly, intituled, An Act, for the better Regulation of the Town of New Bern and securing The Titles of Persons who hold Lots in the said Town, The Commissioners of the Town of New Bern are directed to lay a Tax on the Inhabitants thereof for clearing the Streets, making Public Wharfs and for keeping the same in Repair, which has not been found to answer the good Purposes intended by the said Act; Be it therefore Enacted, by the Authority aforesaid, That from and after the passing of this Act, the Male Taxables of the Inhabitants of the said Town of New Bern, shall be liable to work on the streets thereof, make Public Wharfs, and keep the same in Repair, in Lieu of paying the said Tax; any Law, Custom or Usage to the contrary notwithstanding. And That the Commissioners of the said Town are hereby required and directed, to appoint an Overseer; and, by Warrant under their Hands and Seals to him directed, to warn all the Male Taxables of the said Town to work on the Streets, make Public Wharfs, and Repair the same as often as they may require it, not exceeding Twelve Days in the Year: And whoever shall refuse to meet and work on the Streets as aforesaid, or to procure a Person to work for him shall forfeit and pay Two Shillings and Eight Pence, for each and every Day he shall neglect to work as aforesaid; To be recovered before any Magistrate of the County of Craven by the said Overseer, and applied towards hiring a Person to work on the said Streets in the Room of him so neglecting or refusing to work as aforesaid; and the said Overseer is hereby directed and required to keep an exact Account of the Delinquents and return the same, on Oath, to the Commissioners, once in Three Months, on Penalty of Five Pounds for every Neglect; to be recovered by Action of Debt, in any Court of Record, by the said Commissioners, and applied to the common stock of the said Town.

CHAPTER XIII.
An Act for establishing a town on the land formerly granted to William Churton, gentleman, lying on the north side of the river Enoe, in the County of Orange.

I. Whereas, it hath been represented to the Assembly by petition, that in the year of our Lord one thousand seven hundred and fifty-four, four hundred acres were granted to William Churton, which was afterwards laid off by him into a town and common, and that part of the said four hundred acres hath been likewise laid out into lots of one acre each on some of which good habitable houses hath been erected; and that by reason of the healthfulness of the said place and the convenient situation thereof, for inland trade, the same might soon become considerable if it was erected into a town by lawful authority, to which the said William Churton who is now seized in fee, of the greatest part of the said four hundred acres and those who claim by conveyance under him, having consented:

II. Be it therefore Enacted, by the Governor, Council, and Assembly and by the Authority of the Same, that the said four hundred acres of land be, and the same is hereby constituted, erected, and established a town, and town common, and shall be called by the name of Childsburg.

III. And be it further Enacted by the Authority aforesaid, That from and after the passing of this Act, James Watson, William Churton, William Reed, Esqrs., William Nunn, and Daniel Cane, gentlemen, and every of them, 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

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stand seized of an indefeasible estate, in fee, and the said four hundred acres of land, to and for the uses, intents, and purposes herein after expressed and declared; that is to say, that the said directors, or any three of them, shall have full power and authority to meet as often as they shall think necessary, and cause an exact plan of two hundred acres of the said land to be made, as near as may be agreeable to the streets and lots already laid out, and the residue thereof shall be and remain for a common thereto; and that the said directors shall insert a mark or number on each lot; which said plan shall be kept in some convenient place in the said town, for the view of such persons who have, or inclined to have a lot or lots in the same.

IV. And be it further Enacted, by the Authority aforesaid, That when the said town shall be laid out, it shall and may be lawful for the said William Churton to reserve to himself and have and keep to his own proper use, four acres of the said town, lying on the south east corner thereof upon the river; three acres of which four acres, have been formerly laid out into lots, and, are now in the plan of the said town, known and distinguished by the letters F, G and H, and one other acre betwixt those lots and the river, and bounded by the lots number 5, and the letters F, G, H, and the river; on which said lots the said William Churton shall stand seized of an indefeasible estate of inheritance, in fee-simple in the same manner as if the said lots had been by him saved in manner as hereafter directed by this Act, in consideration of the many services he hath performed for the inhabitants of the said town, and of his labor, expence, and pains, in laying out the said town.

V. Provided nevertheless, That nothing in this Act contained shall be construed or extend to grant power to the said directors, or their successors, to dispose of, or interfere with the title or titles of any lot or lots already saved in the said town, off of which any person or persons have at the time of passing of this Act, a deed of sale, or conveyance, signed and executed agreeable to law by the said William Churton; but such deed and conveyances as aforesaid, if the lot or lots therein mentioned has or have been saved in manner as specified in the said deed or deeds from the said William Churton, or shall be hereafter saved within two years after the passing of 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 declared to be good and valid in law, and the grantee or grantees shall have and enjoy an estate, in fee-simple, therein.

VI. Repealed. [Not in record book.]

VII. Repealed. [Not in record book.]

VIII. And be it further Enacted by the Authority aforesaid, That James Watson, Esq., one of the directors as aforesaid, shall be appointed present treasurer, and receiver of all monies arising by virtue of this Act; and on his death, removal out of the said town, or refusal to Act, then the said directors or a majority of them, shall chuse one other of the said directors to succeed him; and every treasurer shall first give sufficient security to the Justices of the County Court of Orange, for the just performance of the said trust.

IX. And be it further Enacted, by the Authority aforesaid, That the said directors, or a majority of them, shall hereby have full power and authority to call any person or persons to account for any sum or sums of money by them received, either by sale of any lots, formerly granted or hereafter to be granted, or from the ground-rent, chargeable on each lot and to receive the same, and give proper and full discharge thereupon.

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X. And be it further Enacted by the Authority aforesaid, That all the monies arising by the sale or taking up of the said lots, after the directors' reasonable charges and expences for their several services are deducted, shall be appropriated, laid out and applied to such other use or uses as the said directors or a majority of them, shall think convenient for encouragement of the said town.

XI. And for continuing the succession of the said directors until the said town shall be incorporated, be it Enacted, by the Authority aforesaid, in case of death, refusal to Act, or removal out of the town of any of the said directors, the remaining directors, or the majority of them, shall assemble at the said town, and are hereby impowered, by instrument in writing under their respective hands and seals, to nominate some other person, being a freeholder of the said town, and residing therein, in the place of him so dying, refusing to act, or removal out of the town; which new director 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.