At an Assembly, begun and held at Wilmington, the Twentieth Day of March, in the First Year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great-Britain, France, and Ireland, King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven Hundred and Sixty-one: Being the First Session of this present Assembly. Arthur Dobbs, Esq., Governor.
(These are the first eight sections which were omitted Vol. 23, p. 539.)
I. Whereas, the Assembly of this Province are desirous of showing their Zeal and Loyalty to his Majesty: by raising as many Forces as the indigent Circumstances of their Constituents will admitt, to assist in the common Cause against his Majesty's Enemies.
II. Be it therefore Enacted by the Governor, Council and Assembly and by the authority of the same, that the sum of Twenty Thousand Pounds, Proclamation Money, be and is hereby granted to his Majesty for raising Five Hundred effective Men, exclusive of Commissioned Officers, and for cloathing, subsisting and paying the same for and during the Space of Seven Months, from and after the first Day of May next, after passing this Act. And shall be formed in a Regiment consisting of Five Companies of One Hundred Men each, exclusive of Commissioned Officers, which said Regiment shall be commanded by one Colonel, one Lieutenant Colonel and one Major, each of which said Officers shall command one of the said Companies and the other Two Companies shall be commanded by one Captain each. And the said Five Companies shall have each Two Lieutenants, one Ensign, Four Serjeants, Four Corporals and Two Drummers, and likewise to attend the said Regiment one Adjutant, one Surgeon and a Surgeons Mate. And the said Regiment shall receive the following Pay, to-wit: The Colonel fifteen shillings, the Lieutenant Colonel Twelve Shillings and Six Pence, The Major Ten Shillings, The Surgeon Five Shillings, the Surgeons Mate four Shillings, the Adjutant Five Shillings, a Captain Seven Shillings and Six pence, a Lieutenant Five Shillings, an Ensign Four Shillings, a Serjeant Two Shillings, a Corporal and Drummer one shilling and six Pence each, and each Private Man one shilling Per Diem, Proclamation
III. Provided nevertheless, That if the said Service shall not require the said. Forces to be so long continued in Pay it shall and may be lawfull for the Governor or Commander in Chief to cause all or any Part of the said Troops to be Discharged; anything herein Contained to the contrary, Notwithstanding.
IV. Provided also, That if the said Forces hereby intended to be raised shall be ordered out of this Province to joyn his Majesty's other Forces or otherwise. The said Forces, while they are so employed as aforesaid in any other Province, shall have and receive the same Pay and allowance as his Majesty's regular Forces in America; Anything herein contained to the Contrary, notwithstanding.
V. And be it further Enacted by the Authority aforesaid, That the Sum of Five Pounds, Proclamation Money, shall be paid and given as a Bounty to each able Bodied Man who shall inlist in the said Regiment, to be paid by the captain of each of the said Companies. And every Captain neglecting so to do shall, and is hereby declared to be incapable thereafter of having any Command or serving as an officer in the aforesaid Regiment, and in case he shall thereafter continue in the said Service he shall not be allowed any Pay for the same nor have any claim on the publick on that account.
VI. And be it further Enacted by the Authority aforesaid, That the Officer shall have and receive Twenty Shillings, Proclamation Money, for each able bodied Man he shall inlist in the said Service and shall produce on the settlement of his Accompt with the Publick a Receipt for the Bounty given by him to each able bodied Man he shall so inlist.
VII. And be it further Enacted by the Authority aforesaid, That no Person in the Service shall hold or Enjoy two Commissions, or Posts, and if any Person contrary to the intent and meaning of this Act shall have several Commissions, or be appointed to act in differenct Capacities, or discharge two or more Duties in the same, he shall have an allowance from the Publick for one Service only.
VIII. And be it further Enacted by the Authority aforesaid, That every Person raised by Virtue of this Act, if Disbanded out of this Province, shall be allowed for his travelling Expences Home, the same Sum Pr. Day as is allowed in this Act for his Pay and subsistance while in Service, allowing ten Miles to be a Days Journey; Provided he returns into this Province within Six Months after being so disbanded, and produceth a Certificate from his Comanding Officer of his being so discharged.
(The rest of this Act, beginning with Section 9, has already been printed, 23 State Records, 539-541.)
I. Whereas, by Act of Assembly Passed at New Bern the Twenty-fourth day of April, in the Thirty third year of his late Majesty's Reign, Entitled “An Act for Establishing Vestries,” the several and respective Vestries Elected & Chosen by Virtue of the aforesaid Act were to meet within Twenty Days next after such Choice, to Qualify themselves according to the directions therein mentioned; and whereas, several Parishes within this Province, either through their Vestries neglecting 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 Pococtical Affairs.
II. We pray that it may be Enacted, & be it Enacted by the Governor, Council & 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 Legally Elected and Chosen, or being so Chosen & not Qualified according to the directions of the Before Recited Act, shall & are hereby directed to give notice of such Election to the Freeholders of every Parish as aforesaid (not having a Legal Vestry in the manner & Form Prescribed in the above recited Act for Establishing Vestrys) to meet at the Court House or Usuall Place of Electing Vestrys within such Parishes, on the first Monday in September next, then and there to Elect and Choose Twelve Freeholders of such Parish, Being Qualified as is 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 whereas, there is no Provision made by the Before recited Act when there shall be any Vestrymen Chosen, not being Qualified within the meaning and Intent of the aforesaid Act; Therefore, be it Enacted by the Authority aforesaid, that if any Person or Persons shall have been heretofore Elected or that shall hereafter be Elected a Vestryman or Vestrymen and shall not be Qualified for the same within the meaning and Intent of the said Act, it shall and may be Lawful for the Majority of the Vestrymen so Chosen and Being Qualified, or that shall hereafter be Chosen and Qualified, and they are hereby Authorized and Directed if the Member so Elected and not Qualified as aforesaid shall not exceed Three, to choose one or more Persons not exceeding the number as aforesaid, Being Qualified as Directed for other Vestrymen, in the room and stead of the Vestrymen so Chosen as aforesaid, not being Qualified, and in Case there shall be more than three Vestrymen first Chosen that shall not be Qualified as by the aforesaid Act, the Vestrymen so chosen and Qualified shall give notice thereof to the Sheriff of the County within Twenty Days next after their entering on the office of Vestrymen, and the Sheriff of such County is hereby ordered and Directed as soon as Conveniently Can, after the Receipt of such Notice, to advertise the same at Every Church and Chapel within such Parish thereby requiring the Parishoners to appear at a Certain Day therein mentioned, at the Usual Place of Electing Vestrys, then & there to Choose other Persons in Lieu and stead of those not Qualified, to serve as Vestrymen as aforesaid; which notice shall not be less than ten nor more than
IV. And whereas, there has been some Doubt whether the Vestrys of the several Parishes are by Law Impowered to allow any Ministers which they shall Employ any larger or greater Salary than one Hundred Pounds, over and above the sum of money allowed such Minister for a Glebe; to Prevent which for the future, We pray that it may be enacted and be it Enacted by the authority aforesaid, That from and after the Passing this Act the several and Respective Parishes within this Province that have already a Minister officiating in the same, or that shall hereafter employ a minister, shall not allow or give him a less Salary than one Hundred Pounds, Proclamation Money, over and above the sum to be allowed him for a Glebe; Any Law, Usage or Custom to the Contrary notwithstanding.
V. And be it 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 * * * * Two Substantial Freeholders of each Parish where such Election is held to take the Suffrages or Poll of the Freeholders, Intitled to vote at such Elections, and in case the candidates shall neglect or Refuse to appoint two Freeholders as aforesaid, then and in such case the Sheriff shall nominate and appoint Two Freeholders to take the Suffrages or Poll aforesaid, and the Poll so 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.
I. Whereas, the Trade and Commerce of the said County of Currituck will be greatly Encouraged, Increased and Benefitted if the Navigation from Currituck Inlet to Albemarle Sound was amended and improved; which may be Effected at a small Expence so that Trading Vessels of Thirty Tons Burthen or Upwards may Pass and Repass from the Inlet to the Sound aforesaid.
II. Be it therefore Enacted by the Governor, Council and Assembly, and by the Authority of the same; that Joshua Campbell, John Woodhouse and William Mackie or the majority of them be, and they are hereby Commissioned, Authorized and Appointed to Contract and Agree with such person or persons as shall be willing to undertake the same; for any sum or sums not exceeding One Hundred and Fifty Pounds, Proclamation Money, to amend the said Navigation in manner aforesaid from Currituck Inlet to Albemarle Sound.
III. And for Enabling the said Commissioners to pay such Sum or Sums of Money as they or the majority of them shall Contract or Agree to pay such person or persons as shall undertake to amend the said Navigation as aforesaid,
IV. Be it Enacted, That the Receiver of the Duties of Tonnage of Vessels Coming into the District of Currituck, appointed by Act of Assembly Held at New Bern, the Twelfth day of December, in the Year of Our Lord One Thousand Seven Hundred and Fifty-four, Intitled “an Act for Granting to his Majesty a Duty upon the Tonnage of Ships and Other Vessels coming into this province,” for the purpose therein mentioned, shall sell at public vendue. having first advertised the same at least Twenty Days at the Court House and Publick Chappels within the said County, so much of the Powder and Lead by him received in pursuance of the aforesaid Act, and the Money arising by such Sale shall be paid by the aforesaid Receiver to the Commissioners, or the Majority of them, and shall be by them applied for the amending of the said navigation.
V. And whereas, the powder and lead in the hands of the Receiver of the said Duty in the port of Currituck is Insufficient to Raise the said Sum of One Hundred and Fifty pounds,
VI. Be it Enacted by the Authority aforesaid, That from and after the Passing of this Act a Tax of one shilling per Poll for two Years next ensuing, shall be leveyed on all the Taxable persons within the said County and collected by the Sheriff of the same, and the said Sheriff is hereby Authorized and Impowered to collect and Distrain for the said Tax in the same Manner at the same Time as other Taxes are usually Received, Distrained for and Taken, and the said Sheriff shall pay the money arising by the said Tax by him leveyed to the aforesaid Commissioners for the use and purpose heretofore mentioned, and to no other Use and purpose whatsoever.
VII. And be it further Enacted by the Authority aforesaid, That from and after the Passing of this Act, Instead of the powder and Lead Duty Payable in the port of Currituck the Receiver of the said Duty shall Receive the Same in proclamation Money, at the Rate of Two Shillings per Ton for every Vessall that Shall Enter the said port, for five Years From and after the passing of this Act, and Be Intitled to five per cent Commissions on Such Money and no more; And the said Collector or Receiver, his Successor or Successors, shall pay the money Arising from the said Duty Yearly and Every Year, to the Commissioners Appointed for the Discharge of such Contract or Contracts made by them, or the Majority of them as aforesaid; any Laws, Custom or Usage to the Contrary, Notwithstanding.
VIII. And be it Further Enacted by the Authority aforesaid, That the Commissioners As Often as required shall account with the Inferior Court of Pleas and Quarter Sessions for the said County for such Money as shall be by them Respectively Received by Virtue of this Act; and the Surplus, if any, shall Be Applyed in aid of the County Tax.
I. Whereas, the said County is at present, and hath been for some years past without a court-house to hold their courts in; and the commissioners mentioned in the above recited act, having neglected building and finishing the court-house therein mentioned, to the great detriment and inconvenience of the inhabitants thereof;
II. Be it therefore enacted, and it is hereby enacted, by the Governor, Council and Assembly, and by the authority of the same, That a Courthouse for the said county, not exceeding sixty feet long, and forty feet wide in the clear, be built on the public lot in the town of Newbern, nearly opposite Mr. Rice's red house, or in the intersection of Broad street, where a court-house is already begun, which soever of the said places they, the commissioners herein after appointed for carrying on the said building or a majority of them shall judge most convenient.
III. And be it further enacted by the authority aforesaid, that a poll tax of two shillings, proclamation money, be, and is hereby laid on each taxable person within the said county of Craven, yearly, for three years, from and after the passing of this Act; to be levied and collected by the sheriff of the said county, in like manner, and at the same time, as public taxes are collected; which shall by him be accounted for, and paid into the hands of the honourable Richard Speight, Esq., Joseph Leech, and John Fonville, Esqrs., commissioners hereby appointed for building and finishing the said court-house, or the majority of them, or their orders, who are to build the same at their discretion; the first collection of the said tax to be made, accounted for, and paid by the said sheriff unto the said commissioners or their orders, on or before the tenth day of April, seventeen sixty two, and so, annually, till the said three years are expired.
IV. And for the better enabling the said commissioners to carry on and finish the said court-house as soon as may be, it is hereby enacted, by the authority aforesaid, That they the said commissioners, or the majority of them shall be, and they are hereby invested with full power and authority to sell and dispose of the lot belonging to the said county, whereon the old court-house and prison formerly stood, at public vendue at any time hereafter, on giving public notice thereof, at least twenty days before the sale; and after such sale to convey and make over the same in fee simple to the person or persons so buying and paying for the same, and to their heirs, executors, administrators and assigns, by such instrument or instruments as shall be sufficient and available in law.
V. And be it further Enacted, by the Authority aforesaid, That the Sheriff of the County aforesaid, shall, before he receives any Part of the Tax herein laid, enter into Bond, with two sufficient Securities, to the said Commissioners, that he will duly collect and pay the same unto the said Commissioners for the Uses aforesaid; and every such Sheriff who shall fail or neglect to give such Bond and Security, shall forfeit and pay the Sum of Twenty Pounds, Proclamation Money; to be recovered with costs, by Action of Debt or Information in any Court of Record, by the said Commissioners, or the Majority of them, for and towards building and finishing the said
VI. And be it further Enacted, by the Authority aforesaid, That the before recited Act, intituled, An Act for appointing Commissioners for finishing the Court-house already begun in the Town of New Bern, and for other Purposes, be, and is hereby from hence repealed and made void.
I. Whereas, a Road which makes out of the North West high Road in Bladen County, about Five Miles below the Court house, which was very useful to the Inhabitants, as well as to People travelling to South Carolina, is now so neglected for Want of Commissioners, that it is become impassable, to the great Detriment of the Public:
II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That William Stewart, William Johnston, Andrew Mattaland, Joshua Stephens, and Daniel Shipman, be, and they are hereby appointed Commissioners of the said Road, as well as all other Roads within their District; and are invested with the same Powers and Authorities, and liable to the same Penalties, as other Commissioners of Roads in this Province are liable to.
III. And be it further Enacted, by the Authority aforesaid, That the District over which the said Commissioners are to have Jurisdiction, shall begin from where Brown's Creek intersects the North West Main Road, from thence over the Brown Marsh to the Western Prong of the Waggamaw; and from thence to the Double Branch, within Six Miles of the Branches of Drowning Creek, taking in the Bridges near John Green's on the White Marsh.
I. Whereas, by the Laws now in force all original Wills are necessary to be produced on the Tryal of Land Causes, and as the said Wills are deposited in the Office of the Secretary of This Province, or in those of the Clerks of the several Superior Courts of Pleas and Grand Sessions, or Inferior Courts of Pleas and Quarter Sessions, and any Person whose Title may depend on such will has no Power to compel the Delivery thereof, and sundry Inconveniences may arise by compelling any of the several Officers aforesaid to absent themselves from the respective Places appointed for those Purposes, to the great Delay of the other Business they may have to transact by the Duty of their respective offices, as well as Dangerous Consequences by moving such Will, to those Persons whose Titles may
II. And be it further Enacted by the Authority aforesaid, That if the Secretary or his Deputy, or Clerk of any Superior or Inferior Court as aforesaid (as the Case may be), shall give their attendance at any of the said Courts as aforesaid, with the Original Will of any Person Deceased, the Secretary or his Deputy, or the Clerk of such Court, shall be allowed Five Shillings Per Diem for their Attendance at such Court and also Five Shillings per Diem for travelling, allowing thirty Miles for each Day, which said allowance shall be taxed in the Bill of Costs in the same Manner as in other Cases.
III. And be it further Enacted by the Authority aforesaid, That this Act shall be in force for and during the space of Two Years and from thence to the end of the next Sessions of Assembly, and no longer.
I. Whereas, Col. Barnaby McKinney, late of this province, deceased, being in his life time, seized in his demesne, as of fee of and into, certain tracts of land lying and being in Halifax county (formerly Edgecomb), and being so seized, the said Barnaby McKinney did, by his last Will and testament, in writing, bearing date the thirteenth day of August in the year of our Lord one thousand seven hundred and thirty seven, devised to his son Richard M'Kinney, in fee tail (together with other lands), that tract of land, whereon the said Barnaby M'Kinney then lived; bounded as followeth: Beginning at the upper end of the Cypress Gut on Morattuck River, at a place called the old Milldam, thence by the windings of the said Gut, to the great ditch; thence along the said ditch to the corner thereof at the road; and thence by the courses of the Cypress Gut to where William Brown's head line crosses the same; then by Brown's headline to his corner near the head of Merry branch; then by Brown's lower line, to a Maple on Morattock river: as also, Two hundred acres of land, purchased of Col. William Maule, adjoining William Brown's lower line; and all the remainder of the said Barnaby M'Kinney's lands on the south side of Morattock river, not before devised; and if the said son Richard should die without lawful heir or issue, then the plantation whereon the said Barnaby M'Kinney then lived, with three hundred acres of land adjoining should descend to his son John M'Kinney in fee-tail; and all other the lands before devised to the said Richard M'Kinney, should go to the two daughters of the said Barnaby M'Kinney, to-wit: Patience Lane an Mourning Pope, and the heirs of their two bodies lawfully begotten, and to their heirs forever, equally to be divided between them, and soon after died; and the said Richard M'Kinney, after the death of the said testator, in consequence of the said devise, became seized and posessed of the lands aforesaid, and so died seized thereof without lawful issue; by means whereof John Lane, and Henry Pope, the lawful heirs of Patience Lane and Mourning Pope, became seized as heirs at law to the said Patience and Mourning of the lands in the aforesaid device mentioned; except the plantation, and three hundred acres of land limited as aforesaid to the said John M'Kinney. And the said John Lane, Heir at Law to the said Patience Lane, who, by the will of the said testator, in default of lawful issue of the said Richard M'Kinney, was intituled to one half of the said lands so limited to the said Patience and Mourning, entered, and was seized, and possessed thereof; and apprehending that he had a fee simple estate therein, agreed to sell the same to Col. Joseph Lane, for the consideration of Four Hundred Pounds, and executed a lease and release to the said Col. Joseph Lane, for his part or share of the lands so limited to the said Patience and Mourning; and the said Joseph Lane apprehending that he had (after the conveyance by the said John Lane executed) an absolute estate, in fee simple, to the said lands so conveyed by the said John Lane, agreed to sell the same to Blake Baker, for the consideration of five hundred pounds, and executed deeds of conveyance for the same to the said Blake Baker. And also, whereas, the said John Lane is seized, in fee-simple, of, and into, one certain tract or parcel of land, containing by estimation, six hundred and eighty three acres, lying and being in the parish of Edgecomb, in the County of Halifax, lately purchased by him of Joseph Lane by
II. May it therefore please your most Excellent Majesty, at the humble suit of the said John Lane, and the said Blake Baker that it may be enacted, and be it Enacted, by the Governor, Council, and Assembly, and by the authority of the same, that the said land so limited, as aforesaid to the said Patience Lane, so as aforesaid agreed to be sold to the said Joseph Lane and by him to the said Blake Baker, be, and are hereby vested in the said Blake Baker, his heirs and assigns, in fee-simple, to the only proper use and behoof of the said Blake Baker, his heirs and assigns forever. And that the other parcel of land herein before mentioned to be purchased by the said John Lane, lying and being in the county of Halifax, be, and is hereby vested in the said John Lane, in the same manner as by the said will directed for the other lands so limited to the said Patience; and the same shall remain, go, and descend, to all and every such person and persons, and for such estate or estates and in such manner and form, as the said lands so limited to the said Patience would have remained, gone and descended, by virtue of any limitations in the will of the said Barnaby M'Kinney before mentioned, as if this act had never been made; saving to the King's most excellent Majesty, his heirs and successors, and to all and every person and persons, bodies politick and corporate, their respective heirs and successors, other than the persons claiming under the will aforesaid of the said Barnaby M'Kinney, all such right, title, interest, claim, and demand, as they every or any of them should or might claim if this Act had never been made.
III. And also, whereas, the said Barnaby M'Kinney, by his last will and testament as aforesaid, devised to his daughter Christian M'Kinney, and the heirs of her body lawfully begotten, and their heirs forever, three hundred and twenty acres of land more or less, being the plantation leased to Dr. James Thompson, known by the name of Walnut Fork, and two hundred and fifty acres more or less; including the plantation where James Denson lived; and all the lands between the Cypress Gut and Isaac Reck's line, and the Black pond; and the said Christian intermarried with William Hurst, late of Halifax county, by whom she had issue, Mary, her only child and heir; and sometime after the death of the said Barnaby M'Kinney the said Christian departed this life, leaving issue the said Mary, who is entitled to the aforesaid two tracts or parcels of land so devised to the said Christian her mother; and apprehending that the said land had a fee-simple estate therein, and in order to purchase other land and slaves of greater value than the aforesaid two tracts of land to advance her fortune and interest, agreed to sell the same to Blake Baker, for the consideration of five hundred pounds. and whereas, the said Mary is seized in fee-simple of and into one tract of land, containing by estimation, two hundred and seventy-five acres, lying and being in the county of Halifax, conveyed to William Hurst, father of the said Mary, by Benjamin Sherrod and Patience his wife, and by deed of gift, conveyed to the said Mary by the said William Hurst, her father;
IV. May it therefore please your most excellent Majesty, at the humble suit of the aforesaid Mary Hurst and Blake Baker, that it may be enacted, and be it Enacted, by the Governor, Council and Assembly, and by the Authority of the same, that the two tracts or parcels of land so devised as aforesaid to the said Christian, so as aforesaid agreed to be sold to the said Blake Baker, be, and are hereby vested in the said Blake Baker, his heirs and assigns, in fee-simple, to the only proper use and behoof of the said Blake Baker, his heirs and assigns forever; and that the aforesaid two hundred acres of land herein before mentioned, lying and being in Northampton county, conveyed to the said Mary by deed of Gift as aforesaid, be, and is hereby vested in the said Mary Hurst, in the same manner as is by the said will directed for the other land so devised to the said Christian, in lieu and stead of the aforesaid three hundred and twenty acres of land so devised as aforesaid, and that the aforesaid two hundred and seventy-five acres before mentioned, lying and being in the county of Halifax, conveyed to the aforesaid Mary, by William Hurst, her father as aforesaid, be, and is hereby vested in the said Mary Hurst, in the same manner as is by the said Will directed for the other lands so devised to the said Christian, in lieu and stead of the aforesaid two hundred and fifty acres of land so devised as aforesaid, commonly called the Callodonia plantation; and the aforesaid two tracts or parcels of land so conveyed as aforesaid to the said Mary, shall remain, go, and descend to all and every such person and persons and for such estate and estates and in such manner and form as the aforesaid two tracts or parcels of land so devised to the said Christian severally would have remained, gone and descended by virtue of any devise or limitation in the will of the said Barnaby M'Kinney before mentioned as if this act had never been made, saving to the King's most excellent Majesty, his heirs and successors, and to all and every other person or persons, bodies politick and corporate, their respective heirs and successors, other than the persons claiming under the will, of the said Barnaby M'Kinney as aforesaid; or otherwise, all such rights, title, interest, claim and demand, as they or any of them should or might claim if this act had never been made. Provided always, that this Act or anything herein contained shall not take effect or be in force, until his Majesty's approbation be had to the same.
Read three times and ratified in open Assembly, the 23d day of April, 1761.