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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1760
North Carolina. General Assembly
November 07, 1760 - December 03, 1760
Volume 25, Pages 450-456

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LAWS OF NORTH CAROLINA--1760.

At an Assembly, begun and held at New Bern, the Twenty-fourth Day of April, in the Thirty Third Year of the Reign of our Sovereign Lord George the Second, by the Grace of God, Great Britain, France, and Ireland, King, &c., and from thence continued, by several Prorogations, to the Thirtieth Day of November, in the Year of our Lord One Thousand Seven Hundred and Sixty, to be then held at Wilmington: Being the Fourth Session of this present Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER IV.
An Act to Impower the Inhabitants of several Parishes Within this Province that have no Legal Vestry within their respective Parishes to Meet and Elect Vestries.

I. Whereas, by an Act of Assembly passed at New Bern the Twenty-Fourth Day of April in the Thirty Third Year of His Majesty's Reign, Intitled, An Act for Establishing Vestries, The Several and Respective Vestries Elected and Chosen by Virtue of the aforesaid Act, were to meet within Twenty Days next after such Choice, To Qualify Themselves acording to the Directions therein Mentioned; and whereas, several Parishes within this Province, either through their Vestries Neglect to Qualify Themselves, or for want of proper Magistrates to administer the Oaths, have no Legal Vestries within their respective Parishes to make provision for the Poor and the due Management of Parochial affairs.

II. We pray that it may be Enacted, And be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That the Sheriff of each and Every County, within this Province wherein there is a parish that has no Vestry, Either Legally Elected and Chosen, or Being so Chosen and not Qualified according to the Directions of the before Recited Act, shall and are hereby Directed to Give Notice of such Election To the Freeholders within every Parish as aforesaid (not having a Legal Vestry), in the Manner and form prescribed in the Act for Establishing Vestries, To Meet at the Court House, or usual place of electing Vestries, within Such Parishes, on the first Monday in March next, then and there to Choose and Elect Twelve Freeholders of such Parish, being Qualified as Directed by the before mentioned Act, to serve as Vestrymen of such Parish, who shall be after they are so Chosen, under the Same Rules, Regulations and Restrictions, and Liable to the same Fines and Forfeitures, and have and Exercise the Same Power and Authority, as is directed and inflicted by the before Recited Act on other Vestrymen for Neglect or Breach of Duty.

III. And be it Enacted by the Authority aforesaid, That Each and Every Respective Vestry within this Province shall, and they are hereby Directed to be held in the Church of the said Parish; Provided, The said Church be so far Finished as to admit of Divine Service to be performed therein and at no other Place whatsoever.

IV. And be it further Enacted by the Authority aforesaid, That the Candidates for Vestrymen in Each Respective Parish, or the Majority of them, shall Nominate or appoint to assist the Sheriff two Substantial Freeholders of each Parish where such Election shall happen; To take the Suffrages or vote of the Freeholders intitled to Vote at such Election, and the Vote so

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taken by them, shall be given to the Sheriff of the County, wherein such Parish doth belong, in order to Declare who hath the Majority of Suffrages, to sit and Act as Vestrymen of the said Parish.

CHAPTER V.
An Act for altering the Time of Holding the Inferior Court of Pleas and Quarter Sessions in the County of Chowan.

I. Whereas, the times appointed by Law for holding the Inferior Court of Pleas and Quarter Sessions, in the County of Chowan, Interfering with the Courts of the adjacent Counties, is found to be Inconvenient to the Suiters and Others whose attendance is required in such Courts: For Remedy whereof,

II. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That from and after the passing of This Act the Inferior Court of Pleas and Quarter Sessions in the said County of Chowan, shall be Annually held on the Fourth Monday in January, April, July and October, and shall and may be at each respective Court, adjourned de die in diem, under the like Regulations as is Directed by Law for Adjournment of Other Inferior Courts of Pleas and Quarter Sessions, within this Province; any Law, Statute or usage to the Contrary notwithstanding.

III. And be it further Enacted by the Authority aforesaid, That all writs, summons and other process, and by the Tenor thereof: returnable to the Inferior Court of Pleas and Quarter Sessions in the said County, on the Third Tuesday in January next, shall be returned to the Inferior Court of Pleas and Quarter Sessions to be held for the said County on the fourth Monday in January aforesaid, and The Court shall take Cognizance thereof, and proceed Thereon as if the same had been made Originally returnable on the said Fourth Monday in January; The Form and Tenor of such Writ, Summons and other Process to the contrary Notwithstanding.

IV. Be it further Enacted by the Authority aforesaid, That all Actions, Suits and process, now Depending in the Inferior Court of Pleas and Quarter Sessions in the said County, shall stand continued to the Inferior Court of Pleas and Quarter Sessions to be held for the said County on the Fourth Monday in January next, and the Court shall proceed, or decree thereon, to Judgment and execution thereon, agreeable to the Rules and Directions of Law to be Observed by other Courts within this province, in Actions, Suits and process in the Same Depending, and that no Action, Suit, or Process, shall abate, or be Discontinued, or Otherwise be out of Court, For or by reason of The Alteration Hereby Directed, to be made in the times for holding the Said Courts.

V. And be it further Enacted by the Authority aforesaid, That the said Inferior Court of Pleas and Quarter Sessions, as hereby Directed to be held, Shall and May, award Execution on any Judgment or Sentence heretofore Given in any Inferior Court, or County Court, in the same manner as might have been done if This Act had never been Passed.

CHAPTER IX.
An Act for establishing a town on the land of Joseph Howell, on Tar river.

I. Whereas, it hath been represented to this Assembly, that the land of Joseph Howell, lying on the South side of Tar river, in Edgecomb county,

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is a healthy, pleasant situation, well watered and commodious for trade and commerce: And James Moir, Lawrence Tool, Aquilla Sugg, Elisha Battle, and Benjamin Hart, have contracted with the said Joseph Howell, for the purchase of one hundred and fifty acres of the said land, and have accepted and taken a deed of feossment for the aforesaid one hundred and fifty acres from the said Joseph Howell and caused the same to be laid off in lots and streets, and also a part thereof for a common for the use of the said town and have sold a great number of the said lots of half an acre each to sundry persons, who are desirous that a town shall be established for promoting the trade and navigation of the said river:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the authority of the same, That the said one hundred and fifty acres of land so laid off by the trustees or commissioners as aforesaid, be, and the same is hereby constituted and erected, and established a town and shall be called by the name of Tarboro.

III. And be it further Enacted by the Authority aforesaid, That James Moir, Lawrence Tool, Aquilla Sugg, Elisha Battle and Benjamin Hart, 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 standseized of an indefeasible estate, in fee, in the said one hundred and fifty acres of land, to and for the uses, intents and purposes, hereby expressed and declared; and they, or the majority of them shall have full power and authority to meet as often as they shall think necessary and to appoint a public Quay, and such place on the said river for a public landing as to them shall seem convenient; and cause a plan of the said town as laid off by the said James Moir, Lawrence Tool, Aquilla Sugg, Elisha Battle, and Benjamin Hart, to be recorded, and filed among the records of the court of the county of Edgecomb.

IV. And whereas, subscriptions have already been made for one hundred and twenty-one lots already laid off in the said town, and the same drawn for by the several subscribers or their agents; be it therefore enacted, by the authority aforesaid, that the said directors, or the majority of them, shall make and execute a deed for granting and conveying the said one hundred and twenty-one lots to the subscribers, their heirs and assigns for ever; and also, to every person who shall purchase any other lot or lots in the said town, at the cost and charges 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 the same in fee simple.

V. Provided nevertheless, That every grantee of any lot or lots in the said town so conveyed, or hereafter to be conveyed shall, within three years next after the day of the conveyance for the same, erect, build and finish, on each lot so conveyed, one well framed house, sixteen feet square at the least, and ten feet high in the clear, with brick or stone chimney or chimnies, or 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 in this act prescribed for building and finishing a house thereon, then such lot upon which such house shall not be built and finished, shall be revested in the said directors; and they, or the majority of them may, and are hereby impowered and authorized, to sell such lot for the price that can be had, 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 sold or granted: and the money

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arising by such sale, to be applied as the directors, or the majority of them, shall think proper, for the use of the town.

VI. And for continuing the succession of the said directors until the said town be incorporated, be it further Enacted, by the authority aforesaid, That in the case of the death, refusal to act, or removal out of the county, of any of the said directors, the surviving or other director or the majority of them, shall assemble, and are hereby impowered from time to time by instrument of writing under their respective hands and seals, to nominate some other person, being an inhabitant or freeholder in the said town, in the place of him so dying, refusing to act, or removing 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.

CHAPTER X.
An Act to amend an Act, intituled, an Act for the better regulation of the Town of New Bern, and for securing the titles of persons who hold lots in the said town, passed the 30th day of September, one thousand seven hundred and fifty-six.

I. Whereas, by the before recited Act the freeholders of the said town have liberty annually, on the second Tuesday in November, to meet at the court-house, then and there to elect and chuse five freeholders of the said town to be commissioners for the same, but no directions to the Sheriff, or any other person, to open the poll, or receive the votes for electing such commissioners, and the same hath been neglected or refused by the sheriff, on the day appointed as aforesaid for electing commissioners for the ensuing year, whereby the town is at present without commissioners to the great detriment thereof: wherefore,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the authority of the same, That the Sheriff of Craven county, or his deputy shall, on the second Tuesday in January next, before the hour of ten o'clock in the morning, open the poll, and receive the votes of the freeholders for electing the said commissioners, as directed in the before mentioned act, and continue the same open until sunset, then shall proclaim the persons to be commissioners who shall have the most suffrages; and in like manner shall, on the second Tuesday in November annually open the poll, receive the vote, and proclaim the commissioners as before directed under the penalty of fifty pounds, proclamation money, for every neglect or refusal of complying with the directions of this Act; to be recovered from the said sheriff by the action of debt, bill, plaint, or information, in any court of record, wherein no essoign, injunction, or wager of law, shall be allowed or admitted, by any person who shall sue for the same within one year after such neglect or refusal; one half to the prosecutor, the other half to be paid to the commissioners for the use of the said town, to be applied towards fencing in the same, which commissioners so chosen or elected, shall have all the powers and authorities mentioned in the said recited Act, or any other act now in force, relating to the said town of New Bern.

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CHAPTER XI.
An Act for destroying Crows, Blackbirds, and Squirrels in the County of Hyde.

I. Whereas, by the numerous increase of Crows, Blackbirds, and Squirrels, much damage and Injury is Yearly done, as well to growing Corn as to Mast, in the County of Hyde; and without some speedy Remedy be taken to prevent their future increase, much greater damage and Injury will yearly ensue: For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That every Master, Mistress, or Overseer of any Family, except such Masters, Mistresses, and Overseers, as dwell in that Part of the said County called Mattamuskeet, in the said County, shall kill, or cause to be killed in every Year, Two Crows, Fifty Blackbirds and Five Squirrels, for each Taxable he or she shall inlist in the County aforesaid; under the Penalty of Forfeiting and paying the Sum of Two Shillings, Proclamation money, for every Two Crows, for every Fifty Blackbirds, Two Shillings, and for every Five Squirrels, One Shilling, he or she shall so fail or neglect to kill or cause to be killed, in the County aforesaid; to be applied as is hereafter directed.

III. And be it further Enacted, by the Authority aforesaid, That every Master, Mistress, or Overseer, on any Plantation, on making Oath before any Justice of the Peace for the County aforesaid, that he or she hath killed or caused to be killed, Two Crows, Fifty Blackbirds and Five Squirrels, for each Taxable Person he or she shall have inlisted, then the Justice shall give unto the Person aforesaid a Certificate, signifying the same, and the number of Crows, Blackbirds and Squirrels so killed.

IV. And for the more effectual recovering the Fines aforesaid, Be it further Enacted, by the Authority aforesaid, That the Sheriff of the County aforesaid, at the Time of receiving the Public Taxes shall demand and receive of each Master, Mistress, or Overseer, a Certificate as aforesaid that he or she hath killed, or caused to be killed, Two Crows, Fifty Blackbirds, and Five Squirrels for the last Year past; That on Neglect or Refusal to produce a Certificate or pay, the Penalties aforesaid, that then the Sheriff shall make Distress on the Goods and Chattels of the Person or Persons so failing or neglecting to kill or cause to be killed, Two Crows, Fifty Blackbirds, and Five Squirrels; and sell the Goods so attached at Public Sale, first giving Notice Five Days, by Advertising the same at the Courthouse and other convenient Places; and shall return the overplus if any, to the owner; and the Sheriff shall be allowed Two Shillings Proclamation Money, for his trouble of collecting and paying the same to the Justices of the Inferior Court of Quarter Sessions which said Justices shall apply the said Fines toward lessening the County Charges.

V. And be it further Enacted, by the Authority aforesaid, That if the Sheriff shall refuse or neglect to collect the Fines and Forfeitures as aforesaid, he shall forfeit and pay the Sum of Five Pounds Proclamation Money; One Half to him that will sue for the same, to be recovered in any Court of Record; the other Half of the said Fine to be paid to the Churchwardens for the Use of the Parish.

VI. And be it further Enacted, That this Act shall be in Force for and during the Space of Two Years, from the First Day of January next ensuing this Date.

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CHAPTER XII.
An Act for Continuing James Davis Printer to This Province.

I. Whereas, it is necessary that a Printing Office should be kept up in this Province,

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That James Davis be Employed as Printer to this Province, for and During the Term of one Year from and after the passing of This Act, and from thence to the end of the next session of Assembly and no longer.

III. And be it further Enacted by the Authority aforesaid, That the said James Davis, for and in consideration of the Yearly Salary herein after mentioned, shall print the Governor's Speech, The Council and Assembly's Address, The Journal of the House of Assembly, and all such Laws as shall be passed, at each Session as soon as the same Can or may be done, and shall Transmit One Copy of them to his Excellency the Governor, one to each member of his Majesty's Honourable Council, and also one copy to each Member of the Assembly in the Several Counties in this Province, one Copy to each of the Clerks of the Houses of Assembly for the use of the said Assembly, one copy to the Secretary for the use of the Council, likewise one Copy of such Laws to the Clerk of each Superior Courts for the use of the said Court, one copy to each of the Clerks of the Respective Inferior Courts of Pleas and Quarter Sessions in this Province for the use of such Courts, and also one Copy to each and every justice of the several Counties within this Province, not exceeding Twelve Copies to be sent to the said Justices of any one County, and supply such Copies of the said Journals and Laws as may be Necessary to be Transmitted from This province to the Boards of Offices in England as usual, and also shall Print and Transmit to the Proper places the public Proclamation and all other Acts of Government.

IV. And be it further Enacted by the Authority aforesaid, That the Clerks of the Council and Assembly, for the Time being, the Secretary of the Province for the time being and all the other officers within this Province, shall and they are hereby Required to Deliver to the said James Davis, Examined and Attested Copies of Such Speeches, Journals, Laws, Proclamations, and all Acts of Government, in their Respective Offices which are herein before Directed to be printed as soon as possible, the same may or can be Done, not Exceeding one month after the same shall come to his or their hands and shall be demanded by the said James Davis, and that if any of the said Officers shall neglect or refuse to do the same, he shall forfeit and pay the sum of Twenty-five Pounds Proclamation Money, to him or them who will sue for the same which shall and may be recovered in any Court of Record in this Province, by action of Debt, Bill, Plaint, or Information, wherein no protection, Injunction or Wager of Law shall be allowed or admitted.

V. And be it further Enacted, by the Authority aforesaid, That the several Officers shall be paid by the publick for all such Copies as they are hereby required to Make out and Deliver to the said James Davis, the same Fees and allowance as by Law they have a Right to Receive or Demand for such Services.

VI. And be it further Enacted by the Authority aforesaid, That the said James Davis for performing the Services aforementioned shall be paid and allowed by the Publick the Yearly Salary of Two Hundred Pounds Proclamation

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Money, and that the same be paid him by the Treasurer out of the publick Treasury, or half Yearly Payments by a Warrant from the Governor or Commander in Chief for the time being on the Treasurer.

VII. And be it Further Enacted by the authority aforesaid, That for payment of The aforesaid Sallary a poll Tax of four pence, proclamation money, be laid on the Taxable persons within this Province, for and During the Term of one Year, which shall be Collected, accounted for and paid by the Respective Sheriffs of this province, In the same manner and under the Same penalties as other publick Taxes, and if any Surplus shall remain after paying the Said Sallary The Same Shall Be applied by the Governor, Council and Assembly Towards Discharging the Contingent Charges of Government; Provided, nevertheless, That the publick Treasurer or Treasurers shall not pay the aforesaid Two Hundred pounds to the said James Davis unless he shall produce to such Treasurer a Receipt from the Clerks of the Superior and Inferior Courts, Respectively, within this Province, of his having Delivered To Such Clerks within Two Months after he shall receive the Same from the Several persons who are to Furnish him with Copies thereof, the Laws which by Virtue of This Act he is To send to the several Courts, Clerks and Justices of the peace aforesaid, and the said Clerks of the . . . . . . . ., respectively, are hereby ordered And Directed To take into his Care and possession all Laws which the said James Davis Shall send him, and shall give a receipt for the same, for the Several Persons aforesaid, and the Twelve Copies of the Laws to be sent as aforesaid for the justices of the several Counties shall be Delivered by such Clerk to the Twelve justices who shall be Qualified and first apply for the same, under the penalty of Fourty Shillings, Proclamation money, To be recovered by a Warrant from two Justices of the peace, for the person to whom the same ought to be Delivered.

Read three times and Ratified in Open Assembly the 3d day of May, Anno Dom. 1760.