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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1764
North Carolina. General Assembly
February 03, 1764 - March 10, 1764
Volume 25, Pages 483-485

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LAWS OF NORTH CAROLINA--1764.

At an Assembly, begun and held at Wilmington, the Thirtieth Day of January, in the Fifth 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-Four: Being the First Session of this present Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER XVI.
An Act for ascertaining a proper Place for Building thereat a Court-House, Clerk's Office, Prison and Stocks, for the County of Edgecomb.

I. Whereas, Redman's Old Field on Tyoncoca, the place heretofore appointed for building thereat a court-house, prison, and offices and for holding thereat the court for the said county, is found to be inconvenient and very improper for that purpose; and the Justices of their sessions for that county having certified the same to this Assembly and recommended the town of Tarborough as the most proper place for that purpose, and the inhabitants of the said county having petitioned for the same:

II. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That Mr. Aquilla Sugg, Mr. William Haywood, Mr. Joseph Howell, Mr. Sherwood Haywood, and Mr. James Hall, or a majority of them, shall and may, and they are hereby required and directed to agree and contract with workmen for the building and erecting a suitable and sufficient court-house, clerk's office, prison and stocks; for the use of the said county in the town of Tarborough, on such parts of the lots set apart by the commissioners or trustees for the said town, as to them shall seem most proper.

III. And be it further Enacted, by the Authority aforesaid, That a Poll Tax of two shillings, Proclamation money, be levied on each Taxable Person within the said County of Edgecomb, annually, for Two Years next after the passing of this Act; which Tax shall be collected by the Sheriff of the said County of Edgecomb, in the same Manner and under the same Rules, and the same Penalties, as other Taxes are by Law to be collected; and the Money arising from the Tax aforesaid, as the same is collected by the Sheriff of the said County, shall be accounted for and paid to the aforesaid Aquila Sugg, William Haywood, Joseph Howel, Sherwood Haywood and James Hall, to be applied by them in discharge of their Contracts for the buildings in this Act mentioned; and the Overplus thereof (if any) shall by the said Trustees be accounted for and paid to the Justices of the said County of Edgecomb to be by them applied towards the contingent charges of the County in aid of the County Tax.

IV. And be it further Enacted by the Authority aforesaid, That if the Sheriff of the said County who shall receive the Tax by this Act assessed, shall neglect or refuse to account for and pay the same to the Trustees in this Act named, after deducting the usual Comissions for collecting and such Insolvents as shall be allowed him by the Court of the said County; it shall and may be lawful for the Superior Court of the District of Halifax, either before, or at any Time after the Expiration of the Office of such Sheriff on motion of the Trustees in this Act named or the Survivors of

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them, to enter up Judgment against such Sheriff for all the Monies wherewith he shall be chargeable by Virtue of this Act, with Costs; and thereupon award Execution against the Goods and Chattels, Lands and Tenements of such Sheriff. Provided always, the said Sheriff shall have Ten Days previous Notice of such Motion.

V. And be it further Enacted by the Authority aforesaid, That from and after the passing of this Act, the Inferior Court of Pleas and Quarter Sessions for the county of Edgecomb, shall be constantly held by the Justices of the said County at some convenient house in the town of Tarborough to be appointed by the said Justices, on the fourth Tuesdays in April, July, October, and January, yearly, until the court-house for the said county be built; and all causes, pleas, writs, actions, suits, plaints, process, precepts, recognizances, indictments, presentments, and other matters and things in the said court of Edgecomb depending immediately after the passing of this Act shall stand adjourned and continued and are hereby adjourned and continued from the court-house at Redman's old field, on Tyoncoca aforesaid, to the court to be held for the said county in the town of Tarborough, as in this Act is above directed; and all appearances and returns of process shall be made to the Inferior Court of Pleas to be held for the said county at the town aforesaid; and all suitors and witnesses shall be bound to appear thereat, in the same manner, and under the same penalties, as if the said court had been continued at the said Redman's old field.

VI. And be it further Enacted by the Authority aforesaid, That so much of the one act of Assembly passed at Edenton, intituled, An Act for dividing Edgecomb county, as comes within the purview of this Act shall be thenceforth repealed.

CHAPTER XX.
An Act for the building of a House for a School and the Residence of a School Master in the Town of New Bern.

I. Whereas, the Inhabitants of the Town of New Bern, and Craven County, for the encouraging and promoting of Learning, are willing and desirous of building a House for a School, with proper Conveniences for the Residence of a School-Master, in the said town, by Subscription; and Part of the Four Lots formerly appropriated for the building of a Church on, and other Purposes, by an Act of Assembly passed the Twenty First Day of August, One Thousand Seven Hundred and Forty, being deemed the most proper and convenient Part of the said Town for the same:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That Half of Two of the said Lots, known in the Plan of the said Town by the Numbers of 59, and 60, beginning at the Corner of Craven and Pollock Streets, and running along Pollock Street Six Poles and a half; then across the said Two Lots, Number 59 and 60, in a parallel Line with Craven Street, Thirteen Poles to the North Side of Lot Number 60; then along the said lot in a parallel Line with Pollock Street to Craven Street then along Craven Street Thirteen Poles to the Beginning; shall, and is hereby vested in the Reverend Mr. James Reed, Mr. John Williams, Mr. Joseph Leech, Mr. Thomas Clifford Howe, Mr. Thomas Hasten, Mr. Richard Cogdell, and Mr. Richard Fenner, and their Successors, as Trustees, for the Uses and Purposes aforesaid, for ever, and for no other Use or Purpose whatsoever; and they the said Trustees, and their successors, or the Majority of them, are hereby invested with full

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Power and Authority to make such Rules and Orders from Time to Time as to them shall seem most proper, for the building, encouraging, and regulating the same; and shall and may, from Time to Time, appoint such Person or Persons as they shall judge most fit and proper to keep the said School; and on the Misbehaviour of any Schoolmaster, to appoint such other Person as they shall judge more proper, in the Room and Stead of such misbehaving Schoolmaster.

III. And in Order that the Number of the said Trustees may be kept up; Be it further Enacted, by the Authority aforesaid, That on the Death or Removal out of the Province of any of them, it shall and may be lawful for the Majority of the remaining Part of them, together with a Majority of the surviving Persons who shall subscribe and pay to the Amount of Five Pounds towards building and promoting the said School, who shall be present at any Election herein after directed, from Time to Time, as often as Occasion shall require, to choose at the said School-house, some other Person in the Room and Stead of every such Trustee, they the said surviving Trustees first giving due Notice to the said Subscribers, of the Time such Choice is to be made, by giving at least Ten Days Notice thereof, by putting up Advertisements at the Church and said School-House Doors.

Read three times and ratified in open Assembly, 9 March, 1764.