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Acts of the North Carolina General Assembly, 1766
North Carolina. General Assembly
November 03, 1766 - December 02, 1766
Volume 25, Pages 494-509

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LAWS OF NORTH CAROLINA--1766.

At an Assembly, begun and held at New Bern, the Third Day of November, in the Seventh Year of the Reign of our Sovereign Lord George the Third, by the Grace of God, Great-Britain, France, and Ireland, King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven Hundred and Sixty-six: Being the First Session of this present Assembly. William Tryon, Esq., Governor.

CHAPTER I.
An Act for appointing a Public Treasurer in the Room of John Starkey, Esquire, Deceased.

I. Whereas, by an Act passed at a General Assembly, begun and held at Wilmington the Thirtieth Day of January, in the third year of his Present Majesty's Reign, and in the year of our Lord One Thousand Seven Hundred and Sixty Four, intitled “An Act for appointing Public Treasurers,” John Starkey, Esquire, was constituted Public Treasurer, for the Counties of Anson, Beaufort, Bladen, Brunswick, Craven, Carteret, Cumberland, Duplin, Dobbs, Hyde, Johnston, Mecklenburgh, New Hanover, Onslow, Pitt, and Rowan, and the said Office having become Vacant by the death of the said John Starkey Esquire.

II. Be it therefore Enacted by the Governor, Council and Assembly, and it is hereby Enacted by the Authority of the same, That John Ashe, Esquire, be and he is hereby appointed Public Treasurer for the Counties of Anson, Beaufort, Bladen, Brunswick, Craven, Carteret, Cumberland, Duplin, Dobbs, Hyde, Johnston, Mecklenburgh, New Hanover, Onslow, Pitt, and Rowan, in the room of the said John Starkey, Esquire, deceased; which said Treasurer shall before he Enters upon his said Office, give bond with Sufficient Security to our Sovereign the King, his Heirs and Successors, in the Sum of Ten Thousand Pounds Lawful Money of Great Britain, with condition, that he shall well and truly Account for and pay to the General Assembly of this Province all Public monies he shall at any time receive on account of the Public Taxes or Otherwise; And for the faithful and regular discharge of his said Office, which Bond shall be Lodged in the Secretary's Office, and in Case of the breach of the Condition thereof, may be recovered in any Superior Court of Justice within this Province.

III. And be it further Enacted by the Authority aforesaid, That the said Treasurer, is hereby impowered and directed to receive all Public Monies and Taxes payable within the said Counties, and Each of them, and the Sheriff of each of the said Counties and other receivers of Public Monies within any of the said Counties, are hereby impowered and directed, on or before the tenth day of June yearly, to Account with upon Oath and pay into the hands of the said Treasurer, all such Public Monies as the said Treasurer is hereby impowered to receive.

IV. And be it further Enacted by the Authority aforesaid, That the said Treasurer shall be allowed five per Cent on all the money by him received and accounted for, and paid into the General Assembly as aforesaid.

V. And be it further Enacted by the Authority aforesaid, That the said Treasurer shall have the same power and authority and be subject to the

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same Pains and Penalties and Restrictions as Public Treasurers were intitled or subject to, in and by an Act passed in the General Assembly held at New Bern the Sixth day of April, One Thousand Seven Hundred and forty-eight, Intitled, An Act to appoint Public Treasurer.

VI. And be it further Enacted, that this Act, shall be and continue in force for and During the term of three years and from thence to the end of the next Session of Assembly and no Longer.

CHAPTER V.
An Act for Reviving and re-enacting the Several Acts of Assembly relating to the Inspection of Tobacco.

I. Whereas, the Several Acts of Assembly relating to the Inspection of Tobacco in this Province are Expired; and whereas, they have been found Useful and Convenient, Be it Enacted by the Governor, Council and Assembly and by the Authority of the same, That so much of an Act, Entitled An Act to Establish Ware Houses for the Inspection of Tobacco in the County of Dobbs and other purposes, and of an Act, intitled an Act to restrain the Exportation of Bad and Unmerchantable Tobacco and for Preventing Fraud in his Majesty's Customs, And one other Act entitled, An Act to amend an Act to Restrain the Exportation of Unmerchantable Tobacco, and for preventing Frauds in his Majesty's Customs, and also one other Act entitled An Act for Establishing a Ware House for the Inspection of Tobacco on the Land of Thomas Barnes in the County of Halifax, and other purposes; and all the Powers and Authorities in them respectively Mentioned (except as herein after excepted), shall and are hereby Declared to be Revised and Re-enacted and shall Commenec, Continue and be in force from and after the passing of this Act, until the end of the next Sessions of Assembly and no longer; anything Contained in the said Acts to the Contrary, notwithstanding.

II. And be it further Enacted by the Authority aforesaid, That the Salary which by Law is appointed to be paid to the Inspectors, who officiate at the Ware House at Barnes's in Halifax County, henceforth shall be Discontinued and cease, and the said inspectors from and after the passing of this Act instead thereof shall and may take and Receive to their own proper use Three Shillings, Proclamation Money, for each Hogshead of Crop Tobacco, and five Shillings like money for every Hogshead of Transfer Tobacco which shall be inspected at the said Inspection, and which at Present is by Law directed to be paid to the Use of the County by the Exporter thereof; any Law or Usage to the Contrary, Notwithstanding.

III. And whereas, an Act intitled an Act for enlarging the time for Inspection of Tobacco at the Warehouse in the Town of Tarborough in the County of Edgecomb and for Encreasing the salaries of the Inspectors thereof, doth direct the Inspectors by the said Act to be appointed to have and receive for their Services in attending the said Inspection Annually, the Sum of Forty pounds each; which Salaries are found by reason of the small quantity of Tobacco brought to the said Warehouse to be too large.

IV. Be it therefore Enacted by the Authority aforesaid, That so much of the afore recited Act as relates to the Salaries thereof be henceforth repealed and made Void, and that the said Inspectors for the Town of Tarborough be henceforth allowed the sum of Fifteen pounds each per Annum,

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and no more; anything in the above recited Act to the Contrary notwithstanding.

V. Whereas, the Public Ware House at Pace's Landing on Roanoke River in Northampton County is found to be of no Use: Be it Enacted by the Authority aforesaid, That the said Ware House shall henceforth cease to be a public Ware House.

CHAPTER VI.
An Act to amend & Continue An Act, Intitled An Act for Appointing a Militia.

I. Whereas, an Act for appointing a Militia passed at a General Assembly held at Wilmington on the thirtieth day of January, in the year of our Lord One Thousand Seven hundred & Sixty four, was to continue and be in force for and during the Term of Three Years and no longer, and is now near expiring, & it being found Necessary that the said Act should be amended and continued,

II. Be it therefore Enacted by the Governor, Council and Assembly, and by the Authority of the same, That the Provincial Troops appointed to Garrison Fort Johnston at the mouth of Cape Fear, in this Province, be and are hereby declared to be subject to the Rules of Military Discipline according to the Several Acts of Parliament and Articles of War for Regulating the forces employed in his Majesty's Service; and whereas, there are not a Sufficient Number of Commissioned Officers belonging to the said Garrison to hold a Court Martial for the Trial and punishment of any Soldier or Soldiers for any Crime or Offence done or Committed by any of them, belonging to the said Garrison.

III. Be it therefore Enacted by the Authority aforesaid, That the Governor or Commander-in-Chief for the Time being on Complaint of the Commanding Officer of said Fort, is hereby impowered to Issue his Warrant thereby Appointing & Commanding as many Commissioned Officers belonging to the Regiment of the Militia of Brunswick County as may be necessary to constitute a Court Martial for the purposes aforesaid, which said Court Martial is hereby Authorized and impowered to proceed to the Trial & passing of Sentence against such Soldier or Soldiers in the same manner & under the same Regulations as directed by the said Several Acts of Parliament & Articles of War—Death Excepted.

IV. And be it further Enacted by the Authority aforesaid, That this Act & the Act before recited as by this Act amended, shall be & continue in force from & after the passing of the same & until the end of the next Session of Assembly and no longer.

CHAPTER VII.
An Act to amend an Act Intitled, an Act for rendering more effectual the laws making Lands and other real Estates liable to the payment of debts.

I. Whereas, an Act of Assembly passed at Wilmington the twenty-fifth day of October, in the Year of our Lord One Thousand Seven hundred and Sixty four, Intitled an Act for rendering more effectual the laws making Lands and other real Estates liable for the payment of debts, hath by Experience been found Injurious and of pernicious Tendency, for Remedy whereof,

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II. Be it Enacted by the Governor, Council and Assembly, and it is hereby Enacted by the Authority of the same, That from and after the passing of this Act, every Sheriff or other Officer within this Province, who by Virtue of an Execution does expose to sale any Lands or negroes shall first Summons two Justices of the Peace and one Freeholder of the County wherein such lands are situated, to appear at a particular day by him directed diligently to inspect and true valuation of the same to render in writing under their hands and Seals, which said Instrument shall by them be produced before any other Justice of the said County wherein such lands are situated or Negroes taken in Execution, which Justices is hereby required to administer the following Oath, and make a Certificate thereof on the back of such Instrument, to-wit: You and each of you shall swear that this Instrument of writing by you produced contains a true valuation of one (or more as the Case may be) tract or Tracts of Land Situate in the County of —— on —— (or Negroes as the Case may be) and taken by virtue of an Execution at the Instance of —— and that you have proceeded in such Valution without favor or dislike to either Party upon a careful view and according to the best of your knowledge and Information, So help you God; which said Instrument of writing with the Certificate as aforesaid shall by them be delivered to the said Sheriffs who upon exposing such lands or Negroes to Sale, shall not dispose of them to any person or persons whatsoever for a less Sum than two-thirds of such Valuation, under the Penalty of One Thousand Pounds Proclamation Money, to be recovered by an action of Debt in any Court of Record within this Province, by and for the use of the party Grieved. Provided always, if any Land or Lands, Negroe or Negroes, set up for sale as aforesaid, shall not be disposed of agreeable to the true intent and meaning of this Act, the Plaintiff may, if he Chooses, take the said Land or Negroes at two-thirds the Valuation therof, and the Sheriff is hereby Impowered and directed to give such Plaintiff a deed or bill of Sale for the same in the same manner as he might have done had the land or Negroes been sold at Public Vendue. Provided, also, that if the Plaintiff doth not take the Land at two-thirds of the valuation the Sheriff or other officer shall again advertise them till they are Sold, and in Case the Justices and Freeholders when summoned by the Sheriff or other officer to value any lands or Negroes as aforesaid, shall neglect or refuse to attend, unless prevented by sickness or some very sufficient Cause, he or they so neglecting, shall forfeit and pay the Sum of Forty Shillings for such Neglect or refusal, to be recovered by a Warrant from any Justice of the peace in the County and to be applied to the use of the party injured.

III. And be it Further Enacted by the Authority aforesaid, that the said Sheriff or other Officer for summoning the Justices and Freeholders as aforesaid, shall be and is hereby Intitled to receive the Sum of two Shillings and Eight pence for each person so summoned.

IV. Provided always, That in Case any person at whose Suit any Execution against Lands or Negroes has or may issue as aforesaid, shall conceive himself aggrieved or injured by any such Valuation made as aforesaid, he may appeal to the Inferior Court of the County wherein such Lands or Negroes may be, who on examining into the matter (in a summary way) may appoint two other Justices and one other Freeholder to proceed in a second valuation of the said Lands or Negroes—under the aforesaid Oath and regulations, upon which valuation returned to the next Court, the

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Justices shall judge upon the same and determine without Appeal on the Valuation to be fixed on such Land or Negroes upon which valuation the Sheriff and parties shall proceed as aforesaid.

V. Provided always, That nothing in this Act contained shall be deemed or construed to extend to any Execution or Executions for any debt or debts payable to Merchants in Great Britain; or to any Executions already levied.

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 One Year, and from thence to the end of the next Session of Assembly, and no longer.

CHAPTER XI.
An Act to Lay a Tax on Peddlars and other Itinerant Traders Coming into this Province.

I. Whereas, there are many Peddlars and Itinerant Traders, who sell and dispose of Goods, Wares and Merchandise in this Government who pay no Tax towards the necessary Support thereof, But depart out of the Province as soon as they have sold and Disposed of the same, whereby the honest Planters of the Country are Burdened with the Payment of all Taxes to Support the Public Faith.

II. Wherefore be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That from and after the first day of January next after the passing of this Act, every Peddlar or Itinerant Trader who shall Come into this Province by Land and Carry about the Country to Courts and other Public Places, Goods, Wares or Merchandize in Waggons, Carts, or on Horses, or otherwise, to offer for sale and to Dispose of such Goods, Wares, and Merchandize (except such Traders as have been settled in this Province the term of one year or whose family Consists of Five Taxables or Traders or Merchants who import Goods, Wares and Merchandize by water into this Province), shall conform him, her or themselves to the Rules and Regulations hereafter mentioned (that is to say) every Peddlar, Itinerant Trader or Petty Chapman, Bringing Goods, Wares or Merchandize into this Province to offer for sale in order to Dispose thereof, within two days after his arrival or the Arrival of such Goods, Wares and Merchandize, before he Disposes of any such Goods, Wares or Merchandize, shall repair to the Clerk of the Court of the County he first comes to in this Province, and to Deliver in upon Oath (which Oath the said Clerk is hereby Authorized and required to Administer), the amount of the Sum total of what all such Goods, Wares and Merchandize by him brought or imported into this Government Cost; and shall also pay into the hands of said Clerk an Import or Duty, after the rate of Ten per cent on the same. And thereupon such Clerk shall Certify to the Governor or Commander-in-Chief for the time being, the name of the Person and the Amount of the Cost of the Goods, Wares and Merchandize as Sworn to, by the Importer; And also that the import or Duty is paid, who is hereby Authorized and impowered on Such Certificate Annually to grant a Licence to such Peddlar, Itinerant Trader or Petty Chapman, and it shall and may be lawful for the Governor or Commander in Chief for the time being, to take and receive for each License so Granted Forty Shillings. Proclamation Money, and the said Clerk may take & receive to himself for administering the Oath, and giving of the Certificate Ten Shillings, Proclamation Money.

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III. And be it further Enacted by the Authority aforesaid, That if any Itinerant Trader, Peddlar or Petty Chapman (except as before Excepted), from and after the first day of January next be found Trading as aforesaid without a Licence, or shall refuse to show it on Demand, such Person shall forfeit and Pay for each and every such Offence Fifty Pounds, Proclamation Money, to be Recovered by any Person that will sue for the same, in any Superior Court in this Province by Action of Debt, One half thereof to the Prosecutor, the other half to the Use of the County wherein such Offender shall be Discovered.

IV. And be it further Enacted by the Authority aforesaid, That the Several and respective Clerks, shall annually account upon Oath with the Public Treasurers of this Province in their Respective Districts; and for Receiving the aforesaid Import or Duties, and fully accounting for, and Paying the same, shall be allowed five per Cent.

V. And be it further Enacted by the Authority aforesaid, that if any Clerk of a County who is appointed to receive the said import or duty, shall take, receive or accept of any Bribe, Gift or Reward, or Connive at any false Account not duly Sworn to, as in and by this Act is directed, or knowingly Permit or suffer any Concealment of any Goods, wares or merchandize Lyable to or Chargeable with the aforesaid imports and Duty, shall for every Offence forfeit and pay Fifty pounds, Proclamation Money, to be recovered by any Person that will sue for the same, by Action of Debt in any Superior Court in this Province, One half to the Prosecutor, the other half to the Use of the County wherein the Offence is Committed.

VI. Be it further Enacted by the Authority aforesaid, That the Money arising by the Import or Duty in Virtue of this Act, shall be applied towards defraying the Contingent Charges of this Government, to be applied as the Governor, Council and Assembly shall Direct.

VII. And be it further Enacted by the Authority aforesaid, That this act shall be and Continue in force for and during the Term of three years next Ensuing, and from thence to the End of the next Session of Assembly, and no Longer.

CHAPTER XII.
An Act to amend an Act Intitled, an Act to prevent the Exportation of Unmerchantable Commodities.

I. Whereas, it is found by Experience, that the before Recited Act is insufficient to answer the Salutary Purposes intended,

II. Be it Enacted by the Governor, Council and Assembly and by the Authority of the same, That from and after the first Day of June next no Inspector shall Pass or Brand any Barrill, or barrills of Tar, Pitch or Turpentine that does not Contain full Thirty-two Gallons Wine Measure and in every other manner agreeable to the several Rules & Restrictions, and under the Several Penalties as are provided by the said recited Act.

III. And whereas, Several Frauds and inconveniences have hitherto arose by Reason of the Venders of Tar, Pitch and Turpentine have mostly in many parts Delivered those Commodities with the Barrels Unbranded, Be it further Enacted by the Authority aforesaid, That from and after the first day of February next, every maker of Tar, Pitch and Turpentine, before they sell the same, shall have their Cask or Casks Branded plainly with the initial Letters of their Name not less than One Inch long and Breadth in

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Proportion, under Penalty of one Shilling, Proclamation Money, for every Barrel as may not be so Branded; to be paid to any one who may demand the same, or on refusal, to be recovered by Warrant before any Single Magistrate.

IV. And be it further Enacted by the Authority aforesaid, That all Staves and heading shall be of the like dimensions as in the before Recited Act, clear of sap.

CHAPTER XV.
An Act to amend an Act, intitled, An Act for establishing a town on the land formerly granted to William Churton, gentleman, lying on the North side of the Eno river in the County of Orange.

I. Whereas, the erecting and establishing a town in the county of Orange has been found serviceable, in promoting inland trade and commerce in the western part of this Province; and whereas, the Act of Assembly passed at New Bern in the year of our Lord one thousand seven hundred and fifty-seven, for establishing the same, is found to stand in need of many alterations and amendments;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the four hundred acres of land, by said Act constituted, erected, and established a town, and town common, by the name of Childsburg, shall from and after the passing of this Act, be known and called by the name of Hillsborough.

III. And be it further Enacted by the Authority aforesaid, That forever, after the passing of this Act, the courts of the county of Orange, the election of representatives, and the election of vestrymen, shall be held in the town of Hillsborough; and at no other place; any law, usage, or custom, to the contrary notwithstanding.

IV. And be it further Enacted by the Authority aforesaid, That no suit, writ, or other process, that is, or shall be made returnable to the next Inferior Court of Pleas and Quarter Sessions, to be held for the county of Orange, after the passing of this Act, shall be abated or vacated; or any bail, bond, recognizance, or any other instrument of writing, become void or invalidated; but the same shall be good, available, and effectual in law, to every intent and purpose whatsoever, as if the alteration of the name of the said town, and town common, had never been made.

V. And be it further Enacted by the Authority aforesaid, That so much of the before recited Act, (except as hereafter excepted), shall be, and is hereby declared to be of the same force, effect, and validity, in relation to the said town and town common, as if the same had originally been called by the name of Hillsborough.

VI. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the treasurer of the said town, and his successors in office, for the consideration of twenty shillings, Proclamation Money, to make an entry of any lot of land therein lying vacant or unimproved (except those lots reserved by the aforesaid Act of Assembly to William Churton, Esq., and such spring lots as the directors and trustees of the said town and their successors shall think fit and convenient to be reserved and left free to the inhabitants of the said town to be supplied with water; and the lot No. 1 in the plan of the said town, which is hereby reserved for the use of the public as a place for market-house, court-house prison, pillory

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and stocks; and also, such lots as shall or may be thought necessary, to be reserved by the directors of the said town and their successors, for erecting thereon a church and school, and for a church-yard); and the said directors and trustees, or a majority of them, shall, at the expiration of two years from the date of making the entry with the treasurer as aforesaid, make and execute a deed for granting the same, to the person making the entry, his heirs and assigns, forever, at the cost, and charges of the person to whom the same shall be conveyed, he paying over and above the entry money, eight pence, Proclamation Money, annually, for each and every lot that shall be so conveyed; which shall be applied by the said commissioners, and their successors to the payment of the quit rents due, or hereafter to be due to the Earl of Granville, his heirs and assigns, and if any overplus be remaining, the same shall be laid out for the benefit and improvement of the said town; 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.

VII. Provided nevertheless, That all and every person who heretofore has, or hereafter may make an entry of any lot or lots in the said town, shall, within two years next after the day of entry, and taking up the same erect, build, and finish, on each lot so entered one brick, stone, or frame house, at least twenty feet long, sixteen feet wide, and nine feet pitch in the clear, with brick or stone chimney, or proportionable to such dimensions, if any such person shall have two lots contiguous; and if the owner or taker up of any lot, shall fail to pursue and comply with the directions in this Act described, for building and finishing a house thereon, then the property of such lot, upon which such house shall not be built and finished, shall be and continue in the said directors and trustees; or a majority of them, may and are hereby impowered and authorized to sell such lot by public sale, or otherwise, for the best price that can be had; and the purchaser of any such lot or lots complying, in all things, with the directions and regulations before in this Act described, with respect to building and finishing of a house or houses on the said lot or lots; otherwise the same may be sold to any other person or persons under the like conditions; and in case of the refusal or neglect of any person who shall or may take up any Lot, or purchase any ground in the said town, to pay the sum agreed for, the said directors, or their successors, shall and may commence and prosecute a suit in their own names for the same, and recover judgment therein, with costs.

VIII. And whereas, by the plan of the said town, thirty three feet square, or two square poles of ground, are taken from the front corner of each corner lot, at the crossing or intersection of each main street, in the said town; and as it can be of no use or public benefit whatsoever, to have that quantity of ground taken as aforesaid from each corner Lot;

IX. Be it Enacted by the Governor, Council and Assembly and by the Authority of the same, That the directors and trustees of the said town, or the majority of them, are hereby authorized, impowered and required on or before the fourteenth day of January next after the passing of this act, to sell, to the highest bidder, not exceeding ten pounds, Proclamation Money, each and every one of the said pieces of ground of the dimensions of two square poles, which according to the plan of the said town, were taken from the front corner of each corner lot (ten days previous notice being given of such sale) and the said directors and trustees, or a majority of them, are hereby authorized and required to make and execute one or more deed or deeds, for granting and confirming the same to such purchaser or

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purchasers, his or their heirs and assigns forever, at the cost and charges of the grantee or grantees to whom the same shall be conveyed.

X. Provided always, That in the sale of the two square poles of ground adjoining the lot number twenty-six, the preference shall be and is hereby allowed to Mr. William Nunn, in case he will give as much as any other bidder not exceeding ten pounds, Proclamation Money; the same privilege is granted to Mr. James Young in the sale of the square adjoining the lot number twenty-five; and also the like privileg is granted to Mr. Edmund Fanning in the sale of the square adjoining the lot number six in the plan of the said town.

XI. Provided, that it shall not be lawful for the said directors and trustees of the said town to sell or dispose of the front corner, or any part of the lots reserved to the aforesaid William Churton, or to the use of the public, by this or the before recited Act, or the corner of any lot hereafter to be taken up in the said town; but that the two square poles of ground be deemed part of the said lot to which it joins.

XII. And whereas, the allowing of hogs and geese to run at large in the said town, is found to be a great nuisance to the Inhabitants; be it Enacted by the Authority aforesaid, That none of the Inhabitants of the said town shall, on any pretence whatsoever, suffer any of their hogs or geese to run or be at large within the bounds of the said town; and any hog or hogs, goose or geese running at large in the said town, shall be forfeited to any person who shall seize or kill the same.

XIII. And be it further Enacted by the Authority aforesaid, That from and after the ratification of this Act, it shall and may be lawful for the Justices of the county of Orange yearly, to appoint some proper person, inhabitant of the said town, overseer of the same; which overseer so appointed as often as there shall be occasion summons the male taxables, inhabitants of the said town, to clear and repair the streets thereof, and remove any nuisance or nuisances within the same; and if any such male taxable (except such as are exempted by Law from working on public roads), direct (two days notice being given before the day appointed for working) such persons so neglecting or refusing or the master or mistress of such persons shall forfeit the sum of two shillings and eight pence, Proclamation Money, for every day he shall so neglect or refuse; to be recovered by warrant from any justice of the peace of the said county, and apply to the use of the employing persons to work and keep the streets of the said town clear and in good order.

XIV. And be it further Enacted, by the Authority aforesaid, That the inhabitants of Hillsborough shall be and are for the future exempted from working on any of the public roads within this Province.

XV. And be it further Enacted by the Authority aforesaid, That the Sheriff of the county of Orange, the clerk of the court of the said county, the register of the said county, and their successors, shall, during their continuance in office, hold and keep their respective offices, in the said town of Hillsborough, and that if any of the said officers shall neglect and refuse so to do, each of them so neglecting or refusing shall for every month he shall so fail, forfeit and pay the sum of twenty shillings, Proclamation Money, to be recovered before any jurisdiction having cognizance thereof; one half to the informer, and the other half to the directors of the said town; to be applied to the use and benefit of the said town.

XVI. And be it further Enacted by the Authority aforesaid, That the directors and trustees for the time being, or a majority of them shall and

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are hereby impowered to pass any order that they may judge proper for preventing mortar, clay, or wooden chimneys being built, and pulling down such already built (if thought to be a nuisance) for making the people keep their chimneys clean and raising them to a proper height, for obliging all persons to clean the streets before their houses, and for all other things for the good and safety of the said town, and the proper regulation of it consistently with the laws of this province; and to enforce such orders, by laying a fine, not exceeding forty shillings, Proclamation Money, on all persons neglecting or refusing to comply therewith.

XVII. And be it further Enacted by the Authority aforesaid, That the directors and trustees of the said town, or a majority of them, shall, as often as they shall think proper, appoint a town clerk, and shall keep a town book; in which shall be entered the time of taking the entries of lots and the orders they may make, the account of the monies they have received, or hereafter may receive, the manner of applying such money and the sums remaining in hand, under the penalty of fifty pounds, Proclamation Money; to be recovered by any person who shall or may sue for the same, in any court in this province havingjurisdiction thereof, one half to the prosecutor, the other half to the use of the said town.

XVIII. And be it further Enacted by the Authority aforesaid, That all the monies arising by the sale of any ground, or taking up of any lot in the said town, or any other way by virtue of this or the before recited Act, be appropriated, laid out, and applied to such use or uses as the said directors or a majority of them shall think convenient for the better encouragement of the said town.

XIX. And be it further Enacted by the Authority aforesaid, That the sixth and seventh sections, and so much of the second and third sections of the before recited Act as is repugnant to this Act be, and is hereby repealed and made null and void.

CHAPTER XVI.
An Act to continue an Act Intitled an Act to Suppress excessive and deceitful Gaming.

I. Whereas, an Act passed at Wilmington the thirtieth day of January, in the fifth year of the Reign of his present Majesty, Intitled an Act to suppress excessive and deceitful gaming, will expire at the End of this present Session of Assembly; and whereas the said Act hath been found useful and convenient,

II. Be it therefore Enacted by the Governor, Council and Assembly, and is is hereby Enacted by the Authority of the same, That the before recited Act shall continue and be in force for and during the term of Two years from the passing of this Act, and from thence to the end of the next Session of Assembly, and no longer.

Read three Times and Ratified in Open Assembly, the first Day of December, Anno Dom. 1766.

CHAPTER XVIII.
An Act to Prevent Hunting for and Killing Deer in the Manner therein mentioned.

I. Whereas, many Persons do, under a pretence of Hunting for Deer in

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the Night time by Fire light Kill and Destroy Horses and Cattle, to the great Prejudice of the Owners, to prevent which for the Future,

II. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That if any person shall be discovered hunting with a Gun in the Night time by Firelight Such Person or Persons shall forfeit and pay for every Offence Twenty pounds, Proclamation Money, to be recovered by Action of Debt by any Person who shall Sue for the Same in any Court of Record, one half to the informer, the other half for the Use of the parish wherein the Offence is committed.

III. And whereas, it often happens that Servants and others who are not able to pay the fine by this Act directed are Guilty of hunting in the Night and carrying of Fire light for that Purpose,

IV. Be it therefore Enacted by the Authority aforesaid, That if any person or persons Convicted of the Offence aforesaid shall not be able to pay the Penalty herein mentioned, the Court may Order such Person or persons so offending and unable to pay as aforesaid thirty-nine Lashes, to be well Laid on his Bare Back at the Public Whipping Post, for every such Offence.

V. And be it further Enacted by the Authority aforesaid, That an Act of Assembly entitled “An Act to prevent hunting for & killing Deer in the Manner herein Mentioned,” passed the Twenty-Seventh day of November, One thousand Seven hundred and Sixty four, be and is hereby repealed and made Void to all intents and purposes as if the same had never been made.

Read three Times and Ratified in open Assembly the first day of December, Anno Dom. 1766.

CHAPTER XXI.
An Act to Prevent the Unreasonable Distruction of Fish in Neuse River, Tar River, Fishing Creek, Rocky River, The South Fork of Catawba River, The South fork of the Yadkin River and Contentney Creek.

I. Whereas, many Avaritious persons, by Extending Seans, Nets, Hedges, Stops or Dams across Neuse River, Tar River, Fishing Creek, Rocky River, the South fork of the Catawba River, the South fork of the Atkin River and Contentney Creek, prevent fish from passing up the said Streams, to the Prejudice of the Upper Inhabitants of the same.

II. Be it therefore Enacted by the Governor, Council and Assembly, and it is hereby Enacted by the Authority of the Same, That from and after the passing of this Act, it shall not be Lawful for any Person or persons whomsoever, between the tenth day of February and the Tenth day of May in any year hereafter during the Continuance of this Act, to Continue, extend or Erect any Sean or Seans, net or Nets, hedge, Stop or dam (Mill Dams Excepted) across either of the said Rivers or Creeks below the respective parts

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thereof herein Mentioned, that is to say, no such Obstruction shall be Admitted across Neuse River above the forks, Across Tar River below the main forks of said River, Across great fishing Creek below the County of Bute, across Rocky River below Moses Alexander's Mill, and the South fork of the Catawba River below Henry Whitences; and that all and every Person or Persons having already Erected, or who shall hereafter Erect or Cause to be Erected any such Obstruction, Mill Dams Excepted, as aforesaid, across either of the said Rivers or Creeks below the respective parts thereof herinbefore mentioned; shall in every year after passing this Act and During the Continuance thereof make or leave open a Vacancy of at least Thirty feet near the Middle of such River or Creek, from the tenth day of February to the tenth day of May, Under the Penalty of Twenty pounds, proclamation Money, for such his, her or their Neglect or refusal, to be Recovered by Action of Debt, Bill, Plaint or Information in any Court of Record within this Province, to the Use of the parish agreived by such Obstruction from which the said River or Creek shall Descend.

III. And be it further Enacted by the Authority Aforesaid, That this Act shall Continue and be in force for and During the term of five years, and from thence to the end of the next Session of Assembly, and no Longer.

Read three times and Ratified in Open Assembly, the First day of Decemr., Anno Domini 1766.

CHAPTER XXII.
An act to amend an act intitled “An act for establishing the titles of the freeholders in Edenton, for laying a tax for finishing the church begun in the said town, and for further improvements, and for better regulation thereof.

I. Whereas, since the passing of the above mentioned act some of the commissioners hereby appointed and nominated have moved themselves and others are dead, by which means it becomes necessary that others should be appointed in order that a succession of them may be continued; to answer the purposes of the above mentioned act,

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 Joseph Blount, William Lowther, Samuel Johnston, Joseph Hewes and George Blair, gentlemen, and every of them, be and are hereby constituted and appointed commissioners for the town of Edenton aforesaid, who shall have, exercise and enjoy the same powers, rights and privileges as the comissioners by the before recited act did or might have exercised and enjoyed; and that in case of the death or removal of the treasurer or any of the commissioners out of the county of Chowan, the eldest commissioner shall succeed to the office of treasurer and other commissioner or commissioners shall be chosen in manner as by the said act is directed.

III. And be it further enacted by the authority aforesaid, That every grantee of a lot or lots heretofore granted, shall, within four months after the passing of this act, clear and grub up such lot or lots, under the penalty of ten shillings for each and every lot, which by that time shall not be cleared or grubbed up, and that the grantee of every lot hereafter to be granted shall also, within four months from the date of his deed, also clear and grub up his lot or lots, under the penalties aforesaid, to be recovered and applied in such manner as penalties by the aforementioned act are recoverable and applied.

IV. And whereas, the suffering of hogs and geese to run at large in the said town is found to be injurious to the properties of the inhabitants thereof, be it therefore enacted by the authority aforesaid, That none of the inhabitants of the said town shall, within two months after the passing of this act, suffer any of their hogs and geese to run at large within the bounds of the said town, and any hog or hogs, goose or geese running at large shall be forfeited to the commissioners, and the same, by an order from one of

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them under his hand directed to the constable, be by him sold to the highest bidder for the benefit of the said town.

V. And for the prevention of fire in the said town, be it enacted by the authority aforesaid, That every housekeeper shall sweep or cause to be swept, the chimneys of his dwelling house, store and kitchen at least once in every month, between the months of October and April, under the penalty of twenty shillings for every chimney so unswept within the time aforesaid, to be recovered by warrant from under the hand of any one of the commissioners and applied for the benefit of the said town; and in case the chimney of any dwelling house, store or kitchen shall catch on fire through neglect in manner before directed, in the said town, the possessor of such house, store or kitchen shall pay to the commissioners of the said town the sum of five pounds, to be recovered and applied in manner as before directed.

VI. And whereas, it frequently happens that masters of vessels, not belonging to the province, bring their vessels to the public wharfs already erected in the said town, and there vend and retail their cargoes, and have the benefit of the said wharfs; be it therefore enacted by the authority aforesaid, That every master of a vessel not belonging to the province, or directly from Great Britain, shall, for each and every day he shall lie with his said vessel at any one of the said wharfs, pay to the commissioners of the said town the sum of two shillings per day; and in failure of payment thereof the same shall and may be levied upon the body or goods and chattels of the delinquent by a warrant under the hand of any one commissioner, directed to a constable, and the money be applied as before directed.

VII. And be it further enacted by the authority aforesaid, That within two months after the passing of this act any occupier of any lot or lots whereon now is or shall be built any habitable house shall have a ladder of a proportionable length to the height of his house, which said ladder shall be constantly kept up against his house, that in case of fire relief may be immediately afforded, under the penalty of twenty shillings, to be recovered and applied as aforesaid.

CHAPTER XXVIII.
An Act to encourage Benjamin Heron, Esq., to build a bridge over the northeast branch of Cape Fear river at or near the place where the ferry is now kept by Edward Davis.

I. Whereas, a bridge over the north-east branch of Cape Fear river at or near the place where the ferry is now kept by Edward Davis would be much for the convenience of all travellers; and as the land on both sides the River belongs to Benjamin Heron, Esq., the said Benjamin Heron is desirous of building a bridge there at his own expence, on condition that the benefit thereof be vested in him, his heirs and assigns forever:

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 said Benjamin Heron, his heirs, executors, administrators or assigns, to erect and build a good, strong and substantial bridge over the north-east branch of Cape Fear river, as near as he conveniently can to the place where the ferry is now kept by Edward Davis; which bridge shall have one wide arch of thirty feet for rafts and pettiauguas to pass through, and six feet high above high water mark, and be made to draw up occasionally for the navigation of vessels of large burthen; and after building and erecting the

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bridge as aforesaid, it shall and may be lawful for the said Benjamin Heron, his heirs, executors, administrators or assigns, to keep a sufficient gate thereon and take and receive from all persons that shall pass over the same at the following rates, that is to say: For every man and horse, six pence; for every four wheel carriage drawn by two horses or oxen, two shillings; and for every two wheel carriage drawn by one or two horses or oxen, one shilling; and for every horse or ox more, four pence each; and for every head of neat cattle, three half pence; and for every twenty hogs or sheep, eighteen pence, and so in proportion for a greater or lesser number of hogs or sheep; and for all travellers on foot, four pence.

III. And be it further enacted by the authority aforesaid, That after the said bridge is so built and completely erected as aforesaid (provided it shall be completed within four years after the passing of this act), it shall not be lawful for any person whatsoever to keep any ferry, build any bridge or set any person or persons, carriage or carriages, cattle, hogs or sheep, over the said river for fee or reward within six miles of the same, under the penalty of twenty shillings, proclamation money, for each and every offence, to be recovered by a warrant by the said Benjamin Heron, his heirs, executors, administrators or assigns, before any magistrate of the county of New Hanover, to be applied to the use of the proprietor of the said bridge at the time of the offence being committed.

IV. And be it further enacted by the authority aforesaid, that when the said bridge shall be built and erected, as aforesaid, the said Benjamin Heron, his heirs, executors, administrators or assigns, shall for ever thereafter keep the same in good order and fit for passing over, and in case of any neglect shall be subject to the same pains and penalties as other keepers of public bridges and ferries are liable to by the laws of this province.

CHAPTER XXIX.
An Act for confirming a lease made by the Tuscarora Indians to Robert Jones, jun., William Williams and Thomas Pugh, Esquires.

I. Whereas, a number of the Tuscarora Indians, being desirous of moving themselves from their lands on Roanoke river, in Bertie county, in this province, and settling and incorporating themselves with the nations of Indians on the River Susquehannah; and whereas, the said Tuscarora Indians, in order to defray the expence of removing themselves and their effects from this province to the settlements on the river Susquehannah, did, on the twelfth day of July, in the year one thousand seven hundred and fifty-six, for the consideration of fifteen hundred pounds, proclamation money, before that time paid and advanced to them, the said Tuscarora Indians, by the said Robert Jones, William Williams and Thomas Pugh, by an indenture under the hands and seals of James Allen, John Wiggins, Billy George, Snip Nose George, Billy Cain, Charles Cornelius, Thomas Blount, John Rogers, George Blount, Wineoak Charles, Billy Basket, Billy Owen, Lewis Tuffdick, Isaac Miller, Harry, Samuel Bridgers, Thomas Seneca, Thomas Howit, Billy Sockey, Billy Cornelius, John Seneca, Thomas Basket, John Cain, Billy Dennis, William Taylor, Owens, John Walker, Billy Mitchell, Billy Netop, Billy Blount, Tom Jack, John Lightwood, Billy Roberts, James Mitchell, Captain Joe and William Pugh, chieftains and headmen of the said nation of Tuscarora Indians, for and on behalf of themselves and the rest of the Indians of the said Tuscarora nation, on the one part, and the said Robert Jones, William Williams and Thomas Pugh, of the other

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part, did demise, grant and to farm let, a certain dividend of land, situate and lying on Roanoke river, in the county aforesaid, containing about eight thousand acres, be the same more or less, and bounded as follows, to-wit: Beginning at the mouth of Deep creek, otherwise called Falling run, thence running up the said creek to the Indian head line; hence by the said line south fifty seven degrees east one thousand two hundred and eighty poles; thence a course parallell with the general current of the said creek to Roanoke river aforesaid, and up the river to the beginning; together with all trees, timber trees, woods, underwoods, ways, waters and appurtenances whatsoever, to the said dividend, tract or parcel of land belonging or in any wise appertaining; to have and to hold the said dividend, tract or parcel of land, with all and singular the appurtenances unto the said Robert Jones, William Williams and Thomas Pugh, their executors, administrators or assigns, without impeachment of waste, to be by the said Robert Jones, William Williams and Thomas Pugh, respectively, their executors, administrators and assigns, held and enjoyed in severalty; that is to say, one third part of the said dividend, tract or parcel of land, into three equal parts to be divided, unto the said Robert Jones, his executors, administrators and assigns; one other third part thereof, the same into three equal parts to be divided, unto the said William Williams, his executors, administrators and assigns; the remaining third part thereof, the same into three equal parts to be divided, unto the said Thomas Pugh, his executors, administrators and assigns; from the said twelfth day of July, in the year aforesaid, for and during the term of one hundred and fifty years from thence next ensuing, and fully to be compleated and ended, the said Robert Jones, William Williams and Thomas Pugh, their executors, administrators and assigns, yielding and paying therefor yearly, and every year during the said term, to the said Tuscarora Indians and their assigns one pepper corn, if demanded, at or upon feast of St. Michael the archangel.

II. And whereas, the said nation of Tuscarora Indians are desirous that the indenture of the lease made between the said James Allen, John Wiggins, Billy George, Snip Nose George, Billy Cain, Charles Cornelius, Thomas Blount, John Rogers, George Blount, Wineoak Charles, Billy Basket, Billy Owen, Lewis Tuffdick, Isaac Miller, Harry, Samuel Bridgers, Thomas Seneca, Thomas Howit, Billy Socket, Billy Cornelius, John Seneca, Thomas Basket, John Cain, Billy Dennis, William Taylor, Owens, John Walker, Billy Mitchell, Billy Netop, Billy Blount, Tom Jack, John Lightwood, Billy Roberts, James Mitchell, Captain Joe and William Pugh, Chieftains and headmen of the said nation of Tuscarora Indians, and the said Robert Jones, William Williams and Thomas Pugh, should have the force and validity of the Assembly; and that it shall be lawful for the said Robert Jones, William Williams and Thomas Pugh, their executors, administrators and assigns, to enter upon, occupy, possess and enjoy the said dividend, tract or parcel of land, demised as aforesaid, without let, hindrance or molestation of any person or persons whatsoever, and without incurring any penalties whatsoever by reason of their so entering upon, occupying, possessing and enjoying the said tract or parcel of land, without impeachment for waste.

III. And whereas, the said Robert Jones, since the said twelfth day of July, in the year aforesaid, hath departed this life, having first made his last will and testament, and therein and thereby bequeathed his proportion and share of the said tract or parcel of land, demised as before said, unto his sons Allen Jones and Willie Jones, their executors, administrators, and assigns;

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IV. Be it therefore Enacted by the Governor, Council and Assembly, and by the Authority of the same, and it is hereby Enacted, That the said indenture of the demise is hereby ratified and confirmed; and that it shall and may be lawful for the said Allen Jones and Willie Jones, in right of the said Robert Jones, the said William Williams, and Thomas Pugh, their executors, administrators, and assigns, to enter upon, occupy, possess, and enjoy the said dividend, tract or parcel of land, according to the form and effect of the said indenture of the demise; that is to say, that it shall and may be lawful for the said Allen and Willie Jones, their executors, administrators, and assigns, to enter upon, occupy, possess, and enjoy, one third part of the said dividend, tract or parcel of land, the same to be divided into three equal parts, for, and during the term aforesaid; the said William Williams, his executors, administrators and assigns, to enter upon, occupy, possess, and enjoy, one third part thereof, the same into three equal parts to be divided, for and during the term aforesaid; and the said Thomas Pugh, his executors, administrators and assigns to enter upon, occupy, possess, and enjoy, the remaining third part thereof, for and during the term aforesaid.

V. And be it further Enacted, by the Authority aforesaid, That the said Allen Jones, Willie Jones, William Williams, and Thomas Pugh, their executors, administrators, and assigns, are hereby exempted from the penalties of an Act of Assembly, passed at New Bern the fifteenth day of October in the year of our Lord One Thousand Seven Hundred and Forty-eight, intituled, An Act for ascertaining the bound of a certain tract of land formerly laid out by treaty for the use of the Tuscarora Indians, so long as they or any of them shall occupy or have the same and to prevent any other person or persons taking up land, or settling within the said bounds by pretence of any purchase or purchases made or that shall be made from the said Indians; and that shall and may be lawful for the said Allen Jones and Willie Jones, William Williams, and Thomas Pugh, their executors, administrators, and assigns, to occupy, possess and enjoy, the said dividend, tract or parcel of land demised as aforesaid, during the term aforesaid, without impeachment of waste, and without the let, molestation, or hindrance, of any person or persons whatsoever.

VI. Provided always, and be it Enacted, by the Authority aforesaid, That nothing herein contained shall be construed as to invalidate the title or titles of any person or persons who have obtained in a grant or grants for any tract or parcel of land within the limits or boundaries of the lands of the said Tuscarora Indians, before the fifteenth day of October, one thousand seven hundred and forty eight.

VII. Provided also, and it is hereby Enacted, by the authority aforesaid, That the said Allen Jones, Willie Jones, William Williams, and Thomas Pugh, their executors, administrators, and assigns, shall yearly and each year, during the term aforesaid, on the twenty first day of March pay the right honourable Earl of Granville, his heirs and assigns, a quit rent of four shillings, Proclamation Money, for every hundred acres of land contained within the limits or boundaries of the lands demised as aforesaid: and in case the said quit rents shall be in arrear at any time within the term aforesaid, that then it shall and may be lawful for the Earl of Granville, his heirs and assigns, to sue for and recover all such arrearages of rent, of and from the said Allen Jones, Willie Jones, William Williams, and Thomas Pugh, their executors, administrators and assigns, by all lawful ways and means whatsoever.