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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
October 25, 1764 - November 27, 1764
Volume 25, Pages 486-490

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LAWS OF NORTH CAROLINA--1764.

At an Assembly, begun and held at Wilmington, the Thirtieth Day of January, in the Fifty 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 from thence continued, by Prorogation, to the Twenty-fifth Day of October, in the Year of our Lord One Thousand Seven Hundred and Sixty-four: Being the Second Session of this present Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER X.
An Act for enlarging the time for saving lots in the town of Halifax, and other purposes.

I. Whereas, from many unavoidable hindrances, it hath been impracticable for the proprietors of lots in the town of Halifax to complete the buildings on the said Lots agreeable to law:

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 one act of Assembly, intituled, an Act for establishing a town on the land of James Leslie, on Roanoke river; or one other Act, intituled an Act for enlarging the time for saving lots in the town of Halifax, preventing the building of wooden chimnies therein, and other purposes; within the space of three years next after the passing of this Act; and also every lot therein which hereafter shall be sold or conveyed, on which such house shall be erected within the space of three years after the date of the conveyance executed for the same, shall, and is hereby declared to be vested in the grantee thereof, and his heirs and assigns in fee-simple; any thing contained to the contrary in the said recited Acts, notwithstanding.

III. And be it further Enacted by the Authority aforesaid, That when any lot in the said town shall hereafter lapse, by reason of its not being built on, the directors and trustees of the said town, or the majority of them, shall and may, and are hereby directed and required, to sell such lot at public vendue, for the best price that can be got, and to give the purchasers a deed of bargain and sale for the lot by him so purchased.

IV. And be it further Enacted by the Authority aforesaid, That the directors and trustees of the said town, shall and may and are hereby directed and required, to make sale of all other lots in the said town not already disposed of, for the best price that can be got; and to give the purchaser of every such lot a deed of bargain and sale for the same.

V. And be it further Enacted by the Authority aforesaid, That the fee-simple estate of every lot in the said town heretofore sold and conveyed in pursuance of either of the afore-recited acts, or that shall hereafter be sold or conveyed by virtue of this present Act of Assembly, that hath been or shall be built on, within the time or times limited within the said acts, or this present Act, shall be, and is hereby vested in the purchaser of such lot, his heirs and assigns, against every person claiming or to claim any right or interest therein.

VI. And be it further Enacted by the Authority aforesaid, That all monies which the said directors and trustees shall from time to time, receive, for

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any lot or lots by them to be sold or disposed of, shall by them be applied to the common use and benefit of the said town.

VII. And be it further Enacted by the Authority aforesaid, That it shall not be lawful for any person whatsoever to erect any wooden chimney in the said town; and every person who hath already built any such chimney therein shall pull down the same within the space of six months after the passing of this Act; and if any person shall presume to act contrary hereto, in erecting any wooden chimney in the said town, or in failing to pull down any such already erected, it shall and may be lawful for the said directors and trustees, or the majority of them, by their order to direct the Sheriff of the county of Halifax to pull down and destroy every such chimney; which order the said Sheriff is hereby directed and required to obey, and shall be paid for every such service the sum of twenty shillings Proclamation money, by the party offending, and in case he shall fail or neglect to pay the same, it shall be levied on his goods and chattels, by a warrant of distress, from the directors and trustees of the said town or the majority of them.

VIII. And whereas, some of the directors and trustees of the said town are dead, and others of them removed out of the country; be it therefore Enacted by the Authority aforesaid, That from and after the passing of this Act, the honourable Alexander M'Culloch, Esq., Robert Jones, Jun., Blake Baker, Joseph Montfort, John Eelbank, James Young, and John Thomson, gentlemen, shall be, and they are hereby appointed directors and trustees of the said town in the place and stead of those appointed by, or elected in virtue of the afore-recited acts; and shall and may use and exercise the same powers and authorities as the directors or trustees of the said town, appointed by the first recited Act, could or might have exercised and enjoyed by virtue of the same: and in case of death, refusal to act, or removal out of the country, of any of the said directors, the surviving or other directors shall, and they are hereby required and impowered, to choose another director, or other directors, in the room of such so dying, refusing to act, or removing out of the country; and such director or directors shall have the same power and authority, as if expressly named and appointed in and by this Act.

CHAPTER XI.
An Act to encourage and impower William Dry to make a Public Road through the great island opposite to the borough of Wilmington.

I. Whereas, a road through the great island opposite to the borough of Wilmington will be very beneficial to travellers going to and from South Carolina, and to others going to the town of Brunswick, and up the Northwest river of Cape Fear, and the said William Dry, being desirous to make and finish the same:

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the said William Dry shall within six months after the passing of this Act, stake and lay off or cause to be staked and laid off, a road through the said island, beginning at his land on the said island opposite to market street in the said borough, and running westerly the nearest and most convenient way across to the north west river.

III. And be it further Enacted by the Authority aforesaid, That the said William Dry, his heirs, executors, or administrators, shall within three years after the passing of this Act, make and finish a good sufficient road through

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the said island, sixteen feet wide and one foot above high water mark at spring tides, the ditches to be cleared from end to end, and the inside of the ditches not to be less than six feet distant from the outside of the causeway, and convenient for carriages to pass and repass; and to make bridges good and substantial, and agreeable to Law over all the creeks that the said roads shall cross under the penalty of two hundred pounds, Proclamation Money; to be recovered by action of debt, in any court of record, having cognizance thereof, the one half to the person suing for the same, and the other half to be applied towards lessening the county tax.

IV. And to encourage the said William Dry to make and finish the said road, be it further Enacted by the Authority aforesaid, That in consideration of the said William Dry's making and finishing the road as aforesaid, the ferries to be kept on both sides of the North-west river which the said road leads to, as also the ferry to be kept on both sides the north eact river opposite to market street in the borough of Wilmington, and all perquisites and profits arising therefrom, are hereby vested in the said William Dry, his heirs and assigns forever; and the said William Dry, his heirs and assigns, shall and may hereafter receive for transporting passengers, their horses and effects, over each of the said ferries the following rates, to-wit: For every foot passenger, four pence; for every single man and horse, eight pence; and when more than one man and horse for each man and horse, four pence; for every two wheel carriage and its passengers, drawn by one or two horses, one shilling and four pence; for every four wheel carriage and its passengers, drawn by two or four horses, two shillings and eight pence; for every horse in the two wheel carriage more than two, in the four wheel carriage more than four, four pence each.

V. And as a further encouragement to the said William Dry, to cut, make, finish, and keep the said road and bridges in constant repair; be it Enacted by the Authority aforesaid, That it shall and may be lawful for the said William Dry, his heirs and assigns, to be exempt from working twenty negro men on any other public roads in this Province, for and during the term or space of five years, from and after the passing of this Act and no longer.

VI. And be it further Enacted by the Authority aforesaid, That as soon as the said road is well and completely finished, and bridges built as aforesaid, the said William Dry, his heirs and assigns, shall, from time to time, forever thereafter, at his or their own expence, keep the said roads and bridges in sufficient and constant repair, and in case the said William Dry his heirs, executors, administrators, or assigns, shall fail or neglect so to do, he or they shall be liable to the same pains and penalties for such failure or neglect, as the overseers of any public road are liable to by virtue of any act or acts of Assembly of this province.

VII. And be it further Enacted, that if any person or persons shall, for fee or reward, contrary to the intent and meaning of this act, transport or carry any person or persons, their horses, carriages, or effects, over either of the branches of Cape Fear river, in order to his or their passing through or over the said island, such person or persons so offending shall, for every offences, forfeit and pay the sum of twenty shillings; to be recovered by warrant from any justice of the peace; one half to be paid to the informer and the other half to the said William Dry, his heirs or assigns.

VIII. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for the said William Dry to make use of any timber on either side of the said road that may be necessary for making and finishing the same.

IX. And be it further Enacted by the Authority aforesaid, That the said

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William Dry, his heirs, executors, administrators, or assigns, shall as soon as the said road is finished, provide good and sufficient boats, and other proper craft, for the transporting of all travellers and their effects, and for ever hereafter shall keep the same in sufficient and constant repair, and well and properly attended, under the penalty of twenty pounds, Proclamation money for every neglect; one half to the person suing for the same, and the other half to be applied for and towards lessening the county tax; to be recovered in any court of record within the counties of Brunswick or New Hanover wherein the same is cognizable.

CHAPTER XIII.
An Act to prevent the unreasonable destruction of fish in the rivers Meherrin, Peedee, and Catawba.

I. Whereas, many avaricious persons, by fishing with several seines at the same fishing place, and by keeping the nets extended across the rivers Meherrin, Peedee, and Catawba, prevent the fish from passing up the said rivers, so that the inhabitants living on the upper parts of said rivers are deprived from the benefit of catching fish therein;

II. Be it therefore Enacted by the Governor, Council and Assembly, and by the authority of the same, that it shall not be lawful for any person or persons, whatsoever, from and after the passing of this Act, to draw or fish with more than one seine at any one fishing place or within one eighth of a mile of each other on the said rivers, at a time, during the season for fishing, or to keep a net or seine extended and fixed across either of them, or to make any hedges, stops, or dams on the same, to hinder or prevent the fish from passing up the said river; and if any person or persons shall offend herein, he or they shall, for every such offence, forfeit and pay the sum of ten pounds, Proclamation money; to be recovered by the informer, in any court of record, with cause, by action of debt.

CHAPTER XV.
An Act to continue an Act therein mentioned.

I. Whereas, by one Act of Assembly, passed at Wilmington in the Fourth Year of the Reign of his present Majesty, intituled, An Act to impower the Sheriff of Orange for the Time being, to collect and apply the Arrears of the Taxes due in the said County for the several Years therein mentioned, hath not had its full Effect:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the said recited Act, and every Article and Clause thereof, and all the Powers and Authorities mentioned therein, shall be, continue, and remain in Force, until the Duties, Purposes, Services, and Trusts therein expressed, shall be fully performed and completed; any Thing in the said Act contained to the contrary, notwithstanding.

CHAPTER XVI.
An Act for the Relief of Abraham Jones, Esq., former Sheriff of Edgecomb County.

I. Whereas, Abraham Jones, Esq., was, in the Year One Thousand Seven Hundred and Fifty Eight, and for sometime before, Sheriff of Edgecomb

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County, and as such chargeable with, and accountable for, the several Public Taxes by Law assessed for that Year, and also with the Arrears then due; but being superseded in his said Office in the Beginning of the Year following, when the said Taxes were payable, and altho' impowered by Law, yet being prevented by uncommon accidents from collecting the same, as by his humble Petition to this General Assembly is set forth; and having prayed to be relieved therein:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That it shall and may be lawful for the Court of the said County of Edgecomb and they are hereby authorized and required, to allow unto the said Abraham Jones in his Accounts such Number of Delinquents for the Time he was Sheriff of Edgecomb or Collector of Taxes as such, as he shall by his own Oath, or otherwise, prove to be in Arrear to him whereof he shall make and Exhibit to the said Court, on Oath, a fair List or Lists, expressing therein the Names of each Person chargeable and for what Year; which List or Lists of Taxables in Arrear to be returned as aforesaid by the said Abraham Jones or attested Copies thereof, shall, by the said Court of the County of Edgecomb, be put into the hands of the Sheriff of Edgecomb and Halifax, and they and each of them are hereby authorized and required to collect and account with, and pay, to the Treasurer of the Northern District, all such Sums as they shall collect by Virtue of this Act, and the same shall be from the said Treasurer allowed towards discharging the Debt due from the said Abraham Jones to the Public: And if any Person in Arrear for the Public Taxes above mentioned, shall neglect or refuse to pay them to the Sheriff by this Act impowered to receive the same, it shall and may be lawful for such Sheriff to distrain and sell so much of the Goods and Chattels of such Person as shall be sufficient to satisfy such Taxes, and Charges of Distress: And if any Sheriff chargeable with the Taxes above mentioned, in Virtue of this Act, shall, after the Tenth Day of June next, neglect or refuse to account for, and pay all such Sums of Money as he shall receive in Virtue of this Act to the Treasurer of the Northern District, deducting the usual Commissions for receiving, it shall and may be lawful for the said Treasurer to proceed against such Sheriff, by Motion, to final Judgment and Execution, in the Superior Court for the District of Halifax, in the same Manner as by Law he is impowered to proceed for other Taxes; giving such Sheriff at least Ten Days previous Notice in Writing thereof.