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Acts of the North Carolina General Assembly, 1762
North Carolina. General Assembly
November 03, 1762 - December 11, 1762
Volume 25, Pages 468-482

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LAWS OF NORTH CAROLINA--1762.

At an Assembly begun and held at New Bern, the Third Day of November, in the Third 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-two: Being the First Session of this present Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER XIII.
An Act for establishing a town on the land of William Herritage, at a place called Atkin's Banks, in Dobbs county.

I. Whereas, it has been represented to this Assembly, that the land of William Herritage, lying on the north side of Neuse river, at a place called Atkin's Banks, in Dobbs county, is a pleasant and healthy situation, and commodious for trade and commerce; and the said William Herritage having acknowledged his free consent to have one hundred acres of the said land laid off for a town, and fifty acres for a town common, which will greatly promote the trade of the said river:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the authority of the same, That the directors or trustees hereinafter appointed, or a majority of them, shall, so soon as may be, after the passing this act, cause the said one hundred acres of land to be laid off in lots of half an acre each, with convenient streets, lanes, and allies, reserving one acre and a half of the said land whereon the chappel and public warehouse now stands, for their respective uses; which land so laid off, according to the direction of this act, is hereby constituted, erected and established a town, and shall be called by the name of Kingston.

III. And be it further Enacted by the Authority aforesaid, That from and after the passing this act, Francis M'Lewean, Richard Caswell, Simon Bright, Jun., John Shine and David Gordon, be, and they and every of them, are hereby constituted directors and trustees, for designing, building, and carrying on the said town; and they shall stand seized of an indefeasible estate, in fee, of the said one hundred and fifty acres of land, to and for the uses, intents and purposes hereby expressed and declared; and they or any three of them shall have power and Authority to meet, as often as they shall think necessary and cause a plan thereof to be made and therein to insert a mark or number to each lot and as soon as the said town shall be laid off as aforesaid, they, and each of them, shall have power to take subscriptions for the said lots, of such persons as are willing to subscribe for them: and when the said directors have taken subscriptions for fifty lots or upwards, they shall appoint a day, and give public notice to the subscribers of the day appointed for the drawing of the said lots which shall be done by ballot, in a fair and open manner by the direction, and in the presence of the majority of the said directors, at least; and such subscriber shall be intitled to the lot or lots which shall happen to be drawn for him, and correspond with the mark or number contained in the plan of the said town; and the said directors or a majority of them, shall make and execute deeds for granting and conveying the said one hundred acres of land, in half acres, as aforesaid to the subscribers, their heirs and assigns, forever, under the rules, restrictions and provisions hereafter mentioned, and also to

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every other person who shall purchase any lot or lots in the said town, at the cost and charges of the grantee to whom the said lot or lots shall be conveyed; and every person claiming any lot or lots by virtue of any such conveyance shall and may hold and enjoy the same in fee-simple.

IV. Provided nevertheless, That every grantee of any lot or lots in the said town so conveyed, shall, within three years next after the date of the conveyance for the same, erect, build and finish on each lot so conveyed, one well framed or brick house, sixteen feet square at the least, and nine feet pitch in the clear, with a brick or stone chimney, or proportionable to such dimensions, if such grantee shall have two or more lots contiguous; and if the owner of any lot or lots shall fail to comply with the directions in this act prescribed for building and finishing a house thereon; such lot or lots upon which a house shall not be built and finished as aforesaid, shall be free for any other person or persons to take up, in the same manner and under the like rules and restrictions, as other lots are directed to be granted to any other person or persons after the subscription lots are drawn for: and in case any person, owner of a saved lot or lots in the said town, shall die without heir or legally disposing thereof, then, and in such case, such lot or lots shall revert and come to the said William Herritage, his heirs and assigns; any thing in this act contained to the contrary notwithstanding.

V. And be it further Enacted, by the Authority aforesaid, That each respective subscriber who shall subscribe for any lot or lots in the said town, shall, within one month after it shall be ascertained to whom each of the said lots doth belong, in manner herein before mentioned, pay and satisfy to the treasurer of the said town, forty five shillings, proclamation money, for each lot by him subscribed for, and in case of the refusal or neglect of any subscriber to pay the said sum the treasurer shall and may commence and prosecute a suit in his own name, for the same, and therein shall recover judgment, with costs of suit; and the said treasurer shall as soon as he receives the said money pay and satisfy to the said William Herritage, his executors, administrators, and assigns, the sum of forty shillings, proclamation money, for each lot, in full satisfaction for the said lands; and the other five shillings shall be applied towards defraying the expences of laying off and improving the said town as a majority of the directors shall think necessary.

VI. And be it further Enacted by the Authority aforesaid, That Francis Macklewean be, and is hereby appointed treasurer of the said town, who shall enter into bond with sufficient security to the Justices of the Inferior Court of the said County of Dobbs in the penal sum of three hundred pounds, that he will well and truly account with, and pay the monies he shall receive in virtue of his office to such person and persons as by this act he is directed; and on the death or removal out of the county of the said treasurer, the remaining directors or any three of them by certificate under their hands and seals, shall nominate and appoint one other of the said directors to be treasurer of the said town; and so in like manner from time to time, as often as the said office shall become vacant as aforesaid; and such treasurer or treasurers shall enter into bond with security in the same manner as the treasurer by this act appointed.

VII. And for continuing the succession of the said directors until the said town shall be incorporated; be it further Enacted, by the Authority aforesaid, That in case of the death, refusal to act, or removal out of the county, of any of the said directors the remaining directors or the majority of them, shall assemble, and are hereby empowered, from time to time, by

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instrument in writing, under their hands and seals, to nominate some other person, being a Freeholder in the said town, in the place of him so dying refusing to act, or removing out of the county, 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 XIV.
An Act for establishing a town on the lands of John and William Russell, Minors, sons of John Russell, deceased, on the West side of the North-West branch of Cape Fear River, near the Mouth of Cross Creek, by the Name of Campbelton, and other purposes.

I. Whereas, the establishing a town on the lands of John and William Russell, minors, sons of John Russell, deceased, on the west side of the north-west branch of Cape Fear river, near the mouth of Cross Creek, will greatly encourage honest and able traders to reside therein; by means whereof, the trade of the counties of Anson and Rowan which at present centers in Charlestown, South Carolina, to the great prejudice of this Province, will be drawn down to the said town; And whereas, the erecting a town on the said lands will be of great benefit and advantage to the said minors, in as much as the lands adjoining thereto will become of much greater value; therefore,

II. Be it Enacted by the Governor, Council and Assembly and by the Authority of the same, That the Honorable John Sampson, Esq., Cornelius Harnett, Maurice Moor, Hugh Waddle, William Dry, Hector McNeile, Walter Gibson, Alexander McAlister, Richard Lyon, William Bartram, and John Wilcocks, Esquires, are hereby appointed commissioners and are vested with full power and authority to lay off one hundred acres of land, part of a tract of six hundred and forty acres, belonging to John and William Russell, minors, sons of John Russell, deceased, situate on the west side of the North-West branch of Cape Fear River, below the mouth of Cross Creek, for a town by the name of Campbelton; and the said Commissioners, or the majority of them are hereby directed and impowered, to lay out the said one hundred acres of land, as soon as conveniently may be, after the passing of this act into lots of half an acre each, with convenient streets, and a square for public buildings.

III. And be it further Enacted, by the Authority aforesaid, That when the commissioners, or the major part of them, have laid out the said town into lots and streets as aforesaid, which lots being regularly numbered, and subscriptions taken for fifty lots, or upwards, they shall appoint a day for drawing the said lots, and give public notice thereof, at least three months before drawing the same, which shall be by ballot, in a fair and open manner, in their presence; and the subscriber shall be entitled to the lot which shall happen to be drawn for him and correspond with the number contained in the plan of the said town; which lot or lots the commissioners before appointed or the majority of them hereby empowered to grant, convey, and acknowledge, to the person or persons so drawing the same, and his heirs and assigns, forever, in fee simple, upon the payment of three pounds, proclamation money, to the treasurer hereinafter named.

IV. And be it further Enacted by the Authority aforesaid, That Richard Lyon, Esq., be, and is hereby appointed treasurer and receiver of all such sum and sums of money which shall arise by the sale of the said lots, for

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the uses hereafter mentioned: and on the death or departure out of the government of the said treasurer, the said commissioners, or the major part of them, shall appoint some other person treasurer, in the place of the said treasurer.

V. And be it further Enacted by the Authority aforesaid, That the treasurer herein appointed, and every treasurer that shall or may be hereafter appointed by the commissioners as aforesaid, shall give security to the Inferior Court of the county, in the sum of one thousand pounds, proclamation money, that he shall and will account with, and pay in all the monies he shall receive by the sale of all and every the lot and lots that shall be sold, yearly, on the first day of January, into the hands of the guardian or guardians of the said minors, John and William Russell, for the sole use and benefit of them the said minors.

VI. Provided always, That if any lot or lots shall be granted and conveyed by the said commissioners, to any person or persons whatsoever, who shall not, within three years, built a good substantial frame house, not of less dimensions than twenty feet of length, and sixteen feet wide, exclusive of sheds, or make such preparation for so doing, as the commissioners, or the major part of them shall, on view, think reasonable; such grant or conveyance shall be void, and it is hereby declared void and of none effect as if the same had never been made; and the commissioners may grant and convey such lot or lots which shall not be built on within the time, and in the manner as is herein before directed, to any other person or persons applying for the same, and paying the money for the said lot as in this act is before directed, for the use of the said minors John and William Russell.

VII. And whereas, part of the said one hundred acres of land, whereon the said town of Campbelton is hereby intended to be built, is in Bladen county; and the inhabitants of Cumberland county have petitioned that such part thereof may be added to Cumberland, and that the Court House, Prison, and Stocks, be removed to, and erected in the said town; be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That so much of the said land, being in Bladen county, as shall be judged necessary for establishing the said town, by the commissioners hereinbefore appointed, or the majority of them (provided the same do not exceed one hundred acres of land), is hereby annexed to and declared to be part of Cumberland county; any law, usage, or custom, to the contrary in anywise notwithstanding.

VIII. And be it further Enacted, by the authority aforesaid, That the commissioners herein before appointed, or the majority of them, are hereby empowered and directed, to run an east line down to the river; beginning at the dividing line between Cumberland and Bladen, two hundred poles below the mouth of Cross-Creek, which line being so run, as above directed, shall be henceforth taken and deemed to be the dividing line between the counties of Cumberland and Bladen; any Law or Usage to the contrary notwithstanding.

IX. And be it further Enacted, by the Authority aforesaid, That the Justices of the said County of Cumberland, are hereby impowered and directed, to lay a Yearly Tax, not exceeding One Shilling, Proclamation Money, for Two Years, commencing the First Day of January next, to be paid and collected as other Public Taxes are, and to be applied towards building a Court-House, Prison and Stocks.

X. And be it further Enacted, by the Authority aforesaid, That as soon as such Court-house and Prison shall be built, that then the Courts of the said county of Cumberland, shall be held in the said Town, and at no other

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Place whatsoever; and all Matters and Suits therein depending and undetermined, in the Court of the said County of Cumberland, shall stand adjourned to the Court to be held at the said Town of Campbelton.

XI. And be it further Enacted, by the Authority aforesaid, That the said Justices may make Use of the old Court-house and Prison, for the Use of the said Court-house and Gaol, to be built in the said Town as aforesaid, or by selling the same, and applying the Money arising by such Sale, towards erecting the said Buildings in the said Town.

CHAPTER XV.
An Act to lay a tax on the Inhabitants of the several counties of the District of Halifax Superior Court, to repair the public prison thereof, and other purposes.

I. Whereas, the public prison of Halifax District, has, by experience, been found to be insufficient for the safe keeping of prisoners committed to the same; for remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That a Poll Tax of Eight Pence, Proclamation Money, be, and is hereby laid on each Taxable Person in the County of Halifax; and a Poll Tax of Four Pence, Proclamation Money, on each Taxable Person in the Counties of Northampton, Edgecomb, Granville, and Johnston, for the ensuing Year; which said Tax shall be paid, collected, and distrained for by the Sheriff of each County respectively, in the same Manner, and under the like Rules, Fines, Forfeitures, and Penalties, as other Taxes are by Law to be collected paid, and distrained for; and such Tax, when so collected by the said Sheriff shall be paid into the Hands of Honourable Alexander McCulloch, Esqr., John Bradford, and Blake Baker, Esqrs., or the Majority of them, on or before the Tenth Day of January, which shall be in the year of Our Lord One Thousand Seven Hundred and Sixty Four; who are hereby empowered and directed, or a Majority of them, to agree with Workmen for repairing the Prison, in the Town of Halifax, erecting a Wall around the same, and building a Gaoler's House thereto, in such Manner as the said Commissioners, or the Majority of them, shall think most proper: And the Money to be collected and paid shall, by the said Commissioners, or the Majority of them, be applied towards paying such Workmen as aforesaid; and the Overplus, if any, shall by them be disposed of towards defraying the Public Charges of the District of Halifax Superior Court.

III. And be it further Enacted, by the Authority aforesaid, That if any, or either of the said Sheriffs before mentioned, shall fail or neglect to pay the Money to be collected by Virtue of this Act, in the Hands of said Commissioners or the Majority of them, on or before the said Tenth Day of January, it shall and may be lawful, and the aforesaid Commissioners, or the Majority of them are hereby required to proceed against such Sheriff so neglecting in the Superior Court of Halifax District, or either of the Superior Courts within this Province, in the like Manner as Sheriffs are to be proceeded against in other Cases for the non-payment of Public Monies which they shall have received.

IV. And be it further Enacted, by the Authority aforesaid, That after such buildings and repairs shall be made as aforesaid, when any person or persons within the District of Halifax Superior Court, shall be apprehended for any criminal offence, that on a conviction thereof, would incur

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the loss of life or member, it shall and may be lawful for the Inferior Court or Justice of the peace, as the case may be, before whom an examination of such criminal shall be had, if such Court or Justice shall think it necessary, to commit such criminal to the aforesaid gaol, and the sheriff of the county wherein such criminal shall be, is hereby directed and ordered to convey such criminal to the said gaol, and deliver him or them to the sheriff, or keeper thereof; and take a receipt for such prisoner or prisoners from the said sheriff, or keeper; which shall be his discharge for such criminal or criminals.

V. And be it further Enacted by the Authority aforesaid, That after such buildings and repairs shall be made as aforesaid, the sheriff of the county of Halifax, for the time being, is hereby required and directed when any criminal shall be committed to the said gaol, to employ some person of integrity to be keeper thereof; who shall constantly reside in the said gaoler's house during the time such criminal shall be in gaol; and shall also take all lawful means for preventing such criminal from escaping.

VI. And be it further Enacted by the Authority aforesaid, That all incident charges attending the commitment and keeping such criminal or criminals, shall, if such criminal or criminals have not sufficient estate to satisfy the same, be paid by the public.

CHAPTER XVI.
An Act to Impower Thomas Bonner, Jun., late Sheriff, to receive and collect the Arrears of Taxes due in the Counties of Beaufort and Pitt, for the Year One Thousand Sevn Hundred and Sixty.

I. Whereas, no List of Taxables was taken for the Year One Thousand Seven Hundred and Sixty, in the County of Beaufort which then included Pitt County, many of the Inhabitants of the said Counties have neglected to pay their respective Taxes by a Law imposed for that Year; and Thomas Bonner, the younger, then Sheriff of the said County, not being enabled to make Distress for the same for Want of such List;

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 said Thomas Bonner, Jun., late Sheriff, shall have full Power and Authority, by himself, or Deputies, to receive and collect the Arrears of the Taxes due for the Year One Thousand Seven Hundred and Sixty in the Counties of Beaufort and Pitt, in the same Manner and Form as Sheriffs by Law are directed; and that the said Thomas Bonner, Jun., late Sheriff, be intitled to the same Fees for receiving and collecting as are by Law allowed to Sheriffs for that Purpose.

III. And be it further Enacted, by the Authority aforesaid, That the said Thomas Bonner, Jun., late Sheriff, do collect and receive the said Taxes by the List of the year One Thousand Seven Hundred and Fifty-Nine; which said List shall be taken and deemed as the List of One Thousand Seven Hundred and Sixty.

IV. Provided nevertheless, That if any Person shall not have had so many Taxable Persons in the Year One Thousand Seven Hundred and Sixty, as he had in the Year One Thousand Seven Hundred and Fifty-Nine, it shall and may be lawful for such Persons to make Oath before some Justice of the Peace, to the exact Number of Taxable Persons in his Family for the Year One Thousand Seven Hundred and Sixty and obtain a Certificate of the

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same from such Justice; which being produced to the said Thomas Bonner, he shall not demand or receive for more than is in the said Certificate mentioned,

V. And be it further Enacted, by the Authority aforesaid, That the said Thomas Bonner, late Sheriff as aforesaid, shall, within Two Months after the passing of this Act, give Public Notice by advertising the same at the Courthouse and several Chappels within the Counties of Beaufort and Pitt, of the Times and Places he shall attend to receive the same, at least One Month before he shall make Distress for the same; and all Persons paying the same on or before the Time appointed by such Notice, shall not be liable for any further Cost or Charge.

VI. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall fail to pay the said Taxes agreeable to this Act, it shall and may be lawful for the said Thomas Bonner late Sheriff, to make Distress for the same, in the same Manner as by Law appointed for Sheriffs to distrain; and shall take and receive the same Fees as is allowed in such Cases.

VII. And be it further Enacted, by the Authority aforesaid, That the said Thomas Bonner, Jun., late Sheriff, shall account for the said Taxes by him received in Virtue of this Act, on or before the Tenth Day of June next, which will be in the Year of Our Lord One Thousand Seven Hundred and Sixty Three, by paying the said Public Tax to the Treasurer of the Southern District of this Province; and pay and account with the then Churchwardens of St. Thomas Parish in Beaufort County, for the Parish Tax and pay the County Tax to the Court of Beaufort County, in the same Manner as Sheriffs are by Law directed to account in the like Cases: And in Case of his Refusal or Neglect to comply with the Directions of this Act, it shall and may be lawful to have such Proceedings and Remedy against him the said Thomas Bonner, as against Sheriffs in the like Cases.

CHAPTER XVII.
An Act to Establish a Public Road from the Court-house in Currituck county, across the Great Swamp, to the Bridge on North River, near the Indian Town.

I. Whereas, for Want of a Public Road from the Court-house in the said County to the North River Bridge, Persons travelling between the said Places are subject to great Inconveniences; For Remedy whereof,

II. Be it Enacted, by the Governor, Council and Assembly, and by the Authority of the same, That a Public Road to lead from the Court-house in the county of Currituck across the Great Swamp to the North River Bridge near the Indian Town, be marked, staked, and laid out in the nearest and most convenient Manner over the Great Swamp, for the Use of his Majesty's Subjects with the least Injury to Private Property that may be, by a Jury of the following Persons, or a Majority of them, on Oath, to-wit: William Ferebee, Samuel Barnard, Jeremiah Mercer, William Snowden, Jun., Richard Stanley, Edom Simmons, Caleb Church, James Dosien, William Monceres, John Walker, and Aaricomb Parker, in the space of six months after the passing of this Act; and the said Jury or a Majority of them, after having marked, staked, and laid out the same, shall and they are hereby ordered and directed to make a due Plan thereof, and the same return, with an Account of their Procedings, to the next Inferior Court of Pleas and

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Quarter Sessions thereafter to be held for the said County; and the Justices of the said Court are hereby directed to receive the same and are thereupon ordered and authorized to nominate and appoint one or more proper Persons to be Overseer or Overseers of the said Road so laid out by the said Jury, or the Majority of them; and shall direct the Warrant or Warrants to the Person or Persons so nominated commanding him or them to order a sworn Constable to summon and Warn such of the Inhabitants, with their Servants and Slaves being contiguous, and near to the said Road, (as are not exempted by law from such Service), as shall be mentioned in the said Warrant or Warrants to clear and work on the said Road; and also, by their Warrant or Warrants, enjoining and commanding the said Overseer or Overseers to finish his or their part or parts, in the Space of two years, computing from the Date of his or their Warrant or Warrants; which said Road shall, and is hereby directed, to be cleared, grubbed, causewayed and Bridges made, where requisite, in like Manner as Roads and Public Highways are directed to be cleared, grubbed, causewayed, and Bridges made, by an Act, intituled, An Act for establishing Public Roads and Ferries, and for the better Regulation of the same in several Counties.

III. And be it further Enacted, by the Authority aforesaid, That if any in the clearing, causewaying, or for the building of Bridges on the said Road, any Timber or other Trees shall be cut down and an Action of Trespass shall be brought for the same, the Defendant or Defendants may plead the General Issue, in Barr of such Action, and may give this Act in Evidence; whereupon the Plaintiff shall be Non-suited, any pay Costs.

IV. And be it further Enacted, by the Authority aforesaid, That if the said Overseer or overseers shall refuse or neglect to act, or shall not have accomplished and finished his or their Parts in the Time mentioned as aforesaid, the Person so neglecting or refusing shall forfeit and pay the sum of Twenty Pounds, Proclamation Money; to be recovered by Action of Debt, by any Person who shall sue for the same to be applied to the only proper Use and Advantage of the Plaintiff in such Action; wherein no Essoin, Injunction, Protection, or Wager of Law, shall be allowed or admitted: And that if any Person mentioned in the said Warrant or Warrants, shall refuse to appear himself, or to send his or her Servants or Slaves, or refuse to work or hinder his or her Servants or Slaves, from doing Duty when they appear; in such cases, the said Overseer or Overseers upon making Complaint to a single Magistrate, the said Magistrate is hereby directed to command the Person complained of to be brought before him, or some other Justice of the Peace of the said County to answer the same: Which Justice, upon Examination into the Merits of the Matter, shall give Judgment, if the Defendant shall be found Delinquent that he or she shall pay to the Overseer complaining for each person, Servant or Slave, found Delinquent, the Sum of Two Shillings and Eight Pence, Proclamation Money, and thereupon shall give Judgment and issue Execution for the same, with Costs, or otherwise dismiss the said Warrant.

V. And be it further Enacted, by the Authority aforesaid, That when the said Road is finished, the same shall be deemed, taken, and esteemed a Public Road; and that the Justices of the Inferior Courts shall appoint one or more Districts on the same; and that the said Road shall be under the same Regulations, and the Overseer or Overseers, and the several Persons appointed or ordered to Oversee, or to work thereon, shall be subject to the several Fines and Penalties directed to be inflicted on Delinquents by the above recited Act.

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CHAPTER XVIII.
An Act for destroying Vermin in the Counties of Orange, and other Counties therein Mentioned.

I. Whereas, the Counties of Orange, Granville, Johnston, Tyrrell, and Edgcomb, are much infested with Wolves and other Vermin, to the great Prejudice of the Inhabitants of the said Counties: For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That every Person or Persons who shall kill any of the Vermin hereinafter mentioned within any of the Counties aforesaid, shall be intitled to a claim upon the County where such Vermin shall be killed for the several Rewards as follows: For every Panther, Ten Shillings; every Wolf, Ten Shillings; and every Wildcat, Two Shillings and Eight pence, to be paid as hereafter directed.

III. And be it further Enacted by the Authority aforesaid, That any person who shall have a Claim for killing any of the aforesaid Vermin, are hereby directed to produce the Head or Scalp of the aforesaid Vermin, with both Ears, before a Magistrate, who is to administer an Oath to such Person claiming the same, that it was taken and killed within the Bounds of such County where the Claim is desired to be paid and if it be a Servant, Slave, or Indian, that shall kill any such Vermin of which the Head or Scalp shall be produced as aforesaid, the Master or Owner of such Servant or Slave or he that makes claim for such Scalp or Scalps for an Indian, shall make Oath before such Magistrate that he verily believes the same was taken and killed within the County where the same is claimed; which Oath being administered to the Person who makes the Claim, the said Magistrate is hereby directed to give the said Person a Certificate for the same; which done, the said Magistrate shall immediately cause the Head or Scalp to be destroyed by burning the same.

IV. And be it Enacted, by the Authority aforesaid, That any Person or Persons having a Certificate from any Magistrate within the County for taking and killing any of the Vermin aforesaid, shall upon producing the same to the Sheriff of the County where such Certificates was obtained, be entitled to, and the said Sheriff is hereby directed and required to pay to such Person or Persons, the Sum or Sums due upon such Certificate or Certificates; which several Sums so paid, shall be allowed to the Sheriff in his Settlement with the Court for the County Tax.

V. And be it further Enacted, by the Authority aforesaid, That the Justices of the several Inferior Courts of Pleas and Quarter Sessions in the Counties aforesaid, are hereby required, authorized and impowered, to lay a Tax on the several Taxable Persons within the respective Counties for discharging the said Claims.

VI. And be it further Enacted, by the Authority aforesaid, That this Act shall continue and be in force for and during the Term of Two Years, and from thence to the End of the next Session of Assembly and no longer.

CHAPTER XIX.
An Act to enable the Commissioners of the Church of Edenton to discharge the Contract by them made with the Workmen employed in finishing the Inside of the said Church.

I. Whereas, by an Act, intituled, “An Act to enable the Commissioners to finish the Church already begun at Edenton,” the said Commissioners had,

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pursuant to the said Act of Assembly, contracted with Workmen to finish the inside Work of the said Church; but not having Money in their Hands to perfect the same, did apply to the Assembly for relief, and whereas, by a further Act, intituled, An Act to enable the Commissioners of the Church of Edenton to discharge the Contracts by them made concerning the finishing of the same, it was Enacted, That when the Pews in the said Church should be finished they should be sold agreeable to the last recited Act, and for the Purposes therein mentioned, whereupon the Commissioners did set up the said Pews for sale by Public Auction, separately, (Reservation being made as is by the said recited Act reserved) which sale the said Commissioners desisted from, on the Discontent it gave to, and on the Remonstrance of, the Parishoners of the said Parish; Whereupon, on the Petition of the Petitioners of the said Parish, it is prayed it may be Enacted; and

II. Be it Enacted, by the Governor, Council, and Assembly and by the Authority of the same, That a tax of two shillings Proclamation Money, for three Years, be laid on each and every Taxable Person within the Parish of St. Paul's, in the County of Chowan, to be levied for the Three ensuing Years, and collected by the Sheriff for the Time being, under the like Penalties, and accounted for, to the Commissioners of the said Church, as other Public Parish Taxes are levied, collected, and accounted for, within this Province; and the said Commissioners, or the Majority of them, are hereby authorized and directed, to pay out of the Money so levied, the several Workmen to whom the said Commissioners are indebted on account of the said Church, and to no other Purpose whatsoever.

III. And whereas, by the Failure of Profits arising by the Sale of the Pews in the said Church, the Workmen employed by the Commissioners are greatly delayed in receiving the Sum contracted for by the Commissioners; Be it therefore Enacted by the Authority aforesaid, That the Commissioners for finishing the said Church, or a Majority of them, shall, and are hereby empowered by the Virtue of this Act, to borrow a Sum not exceeding One Hundred Pounds, Proclamation money, allowing lawful Interest for the same, to enable them to pay off the Workmen as soon as may be; which Sum, so to be borrowed as aforesaid, shall be repaid to the Party lending the same, out of the Money arising by Virtue of this Act.

CHAPTER XX.
An Act for enlarging the time for saving lots in the town of Hertford and other Purposes.

I. Whereas, by one act of Assembly, passed in the thirty second year of the reign of his late Majesty, intituled, an Act for establishing a town on the lands of Jonathan Phelps, in Perquimans county, among other things, it is provided, that the grantee of every lot in the said town shall, within three years after the 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 erected shall be revested in the directors of the said town by the said act appointed; and whereas, the time limited by the said act has been found too short to complete the buildings on the said lots, whereby many persons are now likely to forfeit the same:

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

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act, within the space of five years, next after the passing of this Act; and 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 have vested in the grantee thereof, in fee-simple; anything to the contrary in the said recited Act notwithstanding.

III. And whereas, suffering wooden chimnies to be built 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 chimney in the said town; and every person who hath already built any such wooden chimney therein, shall pull down 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 thereto; in erecting any wooden chimney in the said town, or in failing to pull down or remove, within the time aforementioned, any such wooden chimney by him already erected therein, the directors mentioned in the before recited act, 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 an action for damage for so doing; and if the 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 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 already have 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 XXI.
An Act for altering the Method of Working on the Roads, and appointing Public Ferries, within the Counties of Duplin, Cumberland, Rowan, and Anson.

I. Whereas, the present Method of working on the Roads, and appointing Public Ferries within the said Counties of Duplin, Cumberland, Rowan, and Anson, is found inconvenient, and not so agreeable to the Inhabitants of the said Counties as the Method prescribed by an Act of Assembly passed at New Bern in the Year of our Lord One Thousand Seven Hundred and Fifty-six, intituled an Act, for establishing Public Roads and Ferries and for the better Regulation of the same in several Counties:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the passing of this Act, the Method of working on Public Roads and appointing Public Ferries in the said Counties of Duplin, Cumberland, Rowan and Anson, shall be in the same Manner, and under the same Regulations and Restrictions as is directed for the several Counties mentioned in an Act of Assembly passed at New Bern in the Year of our Lord One Thousand seven hundred and Fifty Six, intituled, An Act for establishing Public Roads and Ferries, and for the better Regulation of the same in several Counties; and that the said Act, and that every Clause and Article thereof, be of as full Force and Efficacy, to all Intents and Purposes, within the said Counties of Duplin, Cumberland, Rowan, and Anson, as it is in the several Counties particularly mentioned

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in the said Act; any Act of Assembly to the contrary notwithstanding.

III. And be it further Enacted, by the Authority aforesaid, That all and every Clause and Clauses in one Act of Assembly made and passed in the Year of Our Lord One Thousand Seven Hundred and Forty Five, intituled, An Act for impowering the several Commissioners hereinafter named to make, mend, and repair, all Roads, Bridges, Cuts and Watercourses, already laid out, or hereafter to be laid out, in the several counties and Districts hereinafter appointed in such Manner as they judge most useful to the Public so far as relates to the said Counties of Duplin, Cumberland, Rowan, and Anson is hereby repealed and for the future made void.

CHAPTER XXIII.
An Act for increasing the Salaries of the Inspectors of Tobacco at the Warehouse in the Town of Halifax.

I. Whereas, the Salaries by Law allowed to the Inspectors of Tobacco at the Warehouse in the Town of Halifax, have been found inadequate to the Trouble and Expence of attending the said Inspection and insufficient to encourage honest and skilful Persons to undertake the same; by Reason whereof, much Tobacco of a mean Quality has been passed and many other Abuses committed at the said Inspection to the Prejudice of all Persons concerned therein: For Remedy whereof,

II. Be it Enacted by the Governor, Council, and Assembly and by the Authority of the same, That in Lieu of the Salary heretofore by Law allowed, there shall be paid to each of the Inspectors of the said Warehouse, the sum of Fifty Pounds, Proclamation money, per Annum; any Law, Usage or Custom to the contrary, in any wise notwithstanding.

CHAPTER XXIV.
An Act to amend and further continue an Act, intituled, An Act to establish a Public Ferry from Newby's Point to Phelp's Point, whereon the Court House now stands, on Perquimans River.

I. Whereas, an Act of Assembly, intituled, An Act to revive an Act, to establish a Public Ferry from Newby's Point to Phelps's Point, whereon the Court-house now stands, on Perquiman's River, passed in the Year of our Lord One Thousand Seven Hundred and Fifty Seven, has been found of great utility, to the Public; but being temporary and to continue in Force no longer than until the Conclusion of this present Session of Assembly:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the before recited Act shall continue and be in force during the Term of Five Years, 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 whereas, the Tax of Two Pence on each of the Taxable Persons mentioned in the said Act, is found not to be sufficient to defray the Expence thereof; Be it therefore Enacted, by the Authority aforesaid, That the Justices of the Inferior Court of the said County are hereby Authorized, Impowered and required at the first Court to be held for their County, between the First Day of May and the First Day of November, annually,

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to lay a Tax not exceeding Three Pence, per Poll, on the Taxable Persons in their County; to be collected, accounted for, and applied as by the before mentioned Act is directed; any Thing in the said Act contained to the Contrary notwithstanding.

CHAPTER XXV.
An Act to impower and direct the Commissioners of the Districts hereafter mentioned to lay out and make a Road through Regan's Swamp, in Bladen County, to the Court-house in the said County.

I. Whereas, a Public Road through Regan's Swamp to the Court-house in Bladen County, will be of great Benefit and Utility, as well to the Inhabitants of Pee Dee, as to those residing on the Westerly Side of the said Swamp, in order to transport their Produce and Effects to Markets, and attend the Courts:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That Archibald McKinsaih, Joseph Regan, and Joseph Fort, are hereby appointed Commissioners of the Roads, on the Westerly Side of Regan's Swamp in Bladen County aforesaid; and they are directed and authorized, within Six Months after the passing of this Act to lay or stake out or cause to be laid or staked out a Road from the Westerly Side of the said Swamp thro' the same to Johnston's Bluff; and that the said Commissioners or a Majority of them shall, within Two Years next after the passing of this Act, cause all Persons liable to work on the Roads on their side of the Swamp, to Work upon, open, and make the said Roads thro' the said Swamp to Johnston's Bluff aforesaid; and to causeway all or any part that may be necessary; and also, make all such bridges that are or may be requisite therein.

III. And be it further Enacted by the Authority aforesaid, That Hugh Waddle, Robert Jonston, and William McRee, Esqrs., are appointed Commissioners of the Roads on the Easterly Side of the said Swamp, from Johnston's Bluff to the Court-house; and are hereby likewise directed and authorized, within Six Months after the passing of this Act, to lay or stake out or cause to be laid or staked out a Road from the said Bluff in as direct a Course as possible to Bladen Court-house; and that the said Commissioners last mentioned, or the majority of them, shall also, within Two Years next after the passing of this Act, cause all Persons liable to work between the Easterly Side of the said Swamp and the North-West River, residing within Fifteen Miles of the said Bluff to work upon, open, and make the said Road to the Court-house aforesaid; and to make or cause to be made all Bridges that may be necessary in their said District.

IV. 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 lay or stake out or cause to be laid or staked out in the Time before limited; and also, to make or cause to be made the Roads aforesaid within their respective Districts then and in such case the respective Commissioners or either of them refusing or neglecting, shall forfeit and pay the Sum of Twenty Pounds Proclamation money; And that the Fines and Forfeitures becoming due by Virtue of this Act shall be recovered by Action of Debt, in such Court wherein the same is cognizable by any Person who will sue for the same; One Fifth Part thereof to the Person or Persons suing for the same, and the other Four Fifths to be applied by the

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Court wherein it is recovered, for and towards making the Roads in such District where the same shall or may become forfeited.

V. And be it further Enacted, by the Authority aforesaid, That the Commissioners herein before mentioned shall and are hereby invested with the same Power and Authority and liable to the like Penalties and Duties as any other Commissioner whatsoever.

CHAPTER XXVI.
An Act to impower and direct the Commissioners of the District herein mentioned to lay out and make a Road from John Howard's Ferry on Black River, through Colley's Swamp to the North West River, in Bladen County.

I. Whereas, a Public Road from Black River through Colley's Swamp to the North West River, at or near Col. Bartram's Plantation, would be of great Benefit to travellers:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That John Howard, Othniel Strahan, and George Thomas are hereby appointed Commissioners of the Road by this Act to be laid out and made; and they, or the Majority of them, are hereby directed and authorized, within Six Months next after the passing of this Act, to lay or stake, or cause to be laid or staked out, a Road from John Howard's Ferry on Black River, through Colley's Swamp to such a Place on the North West River as will be most convenient for Travellers passing to or from the Southward over the White Marsh Causeway: And that the said Commissioners, or the Majority of them, shall, within Two Years next after the passing of this Act, cause all Persons liable to work on the Roads between the said Rivers, residing within Six Miles of any Part of the said Road, to work upon, open, and make the said Road; and to make or cause to be made all Bridges that is or may be necessary therein.

III. And be it further Enacted, by the Authority aforesaid, That in Case the said Commissioners shall refuse or neglect to lay or stake out, or cause to be laid or staked out, within the Time before limited; and also, to make, or cause to be made, the Road aforesaid, with all such Bridges that may be necessary: And that the Fines and Forfeitures becoming due by Virtue of this Act, shall be recovered by Action of Debt, in such Court wherein the same is cognizable, by any Person who will sue for the same; One fifth thereof to the Person or Persons suing for the same, and the other Four Fifths to be applied by the Court wherein it is recovered, for and towards making the said Roads.

IV. And be it further Enacted by the Authority aforesaid, That the Commissioners herein before mentioned, shall, and they are hereby invested with the same Power and Authority and liable to the like Penalties and Duties as any other Commissioners whatsoever.

CHAPTER XXVIII.
An Act to establish a Ferry from Solley's Point to Relf's Point, whereon the Court-house now stands, on Pasquotank River.

I. Whereas, the Court-house in Pasquotank County is now situate on Relf's Point on the South side of Pasquotank river, and the inhabitants on

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the North Side of the said River are obliged to attend at the said Courthouse, the Courts, the Elections of Members of Assembly, and Vestrymen for the said County and are at the Expence of Ferriage in passing and repassing the said River; For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the Court of the said County are hereby authorized, impowered, and required, Yearly and every year, at the next Court to be held for the said County, after the First Day of May to lay a Tax, not exceeding Two Pence Proclamation Money, on each Taxable Person in the said County, to be collected and accounted for with the Justices of the said County, by the Sheriff of the said County, as other Taxes of the said County are to be collected and accounted for, and to be by them applied as a Reward to the several Ferrymen now appointed or hereafter to be appointed by the Court of the said County, to keep a Ferry to and from Solley's Point to Relf's Point; to and from which they shall and are hereby obliged, to set over, Ferriage Free, all Persons Resident in the said County, going to, and returning from the said Court, the Election of Burgesses and Vestrymen and General Musters of the said County.

II. And be it further Enacted, by the Authority aforesaid, That the Justices of the said County, are hereby authorized, impowered, and required, out of the Monies arising by the Tax so laid and collected as aforesaid, Yearly, and every Year, to allow and Pay to the several Ferrymen attending at the Ferry aforesaid such Sums of Money as they shall think reasonable for their Trouble, in Transporting all Persons who shall or may have occasion to attend at the said Court-house, on the Days and Times aforesaid.

IV. And be it further Enacted, by the Authority aforesaid, That the Ferrymen that now are appointed, or shall be hereafter appointed by the Court of the said County, to keep a Ferry at Solley's Point and Relf's Point, are hereby required, to ferry over the said River, free of any Expence all Persons resident in the said County, during the sitting of the said Courts and also, all Persons whatsoever, on the Days of Election of Members of Assembly and Vestrymen; and also, all Persons going to, and from General Musters, within the said County; under the Penalty of Forfeiting to the Party refused or neglected, the Sum of Ten Shillings Proclamation Money, for every such Neglect or Refusal to be recovered by a Warrant on Proof made before any Justice of the said County, to the Use of the Party so refused.

V. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the Justices of the said Courts to take bond and Security of the Ferry-keepers in the Sum of Twenty Pounds, Proclamation Money for the due and faithful Performance of their Duty therein.

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

Read three times and ratified in Open Assembly, 11 December, 1762.