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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1768
North Carolina. General Assembly
November 07, 1768 - December 05, 1768
Volume 25, Pages 514-517

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LAWS OF NORTH CAROLINA--1768.

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, 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-six; and from thence continued, by Prorogation, to the Seventh Day of November, in the Year of our Lord One Thousand Seven Hundred and Sixty-eight. Being the Third Session of this present Assembly.William Tryon, Esq., Governor.

CHAPTER IV.
An Act to Direct Sheriffs in Levying Execution, and the Disposal of Lands, Goods, and Chattels taken thereon.

I. Whereas, Great Injuries have Arose from Disposing of Lands, Goods and Chattels taken on Executions, from the great Scarcity of Currency: for Remedy thereof,

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 no Sheriff or other officer within this Province to whom Execution shall be directed, shall levy the same on Lands or Negroes, where other sufficient Distress of Commodities fit for Exportation is shown; and every Sheriff or other Officer who by Virtue of an Execution shall expose to Sale any Lands, Goods or Chattels of what nature or kind soever, where the sum Levied for, does exceed the sum of five pounds shall first Summons one Justice of the Peace, and two freeholders of the County. One to be named by the Plaintiff, the other by the Defendant, and on their Neglect to be named by the Sheriff, to Appear at a particular day and place to inspect and Value the same; and the said Justices and Freeholders shall render in Writing under their hands and Seals, a true Valuation of the same to some other Justice of the County, who is hereby required to administer the following Oath, and Certify on the back of such Instrument, viz:

“You and each of you do 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 Situated in the County of . . . . . . . . on . . . . . . . . or Goods (as the Case may be) and taken by virtue of an Execution at the instnace of . . . . . . . . And that you have proceeded in such valuation upon a Careful View and According to Law, to the best of your knowledge and information without favour or Dislike to either party. So help you God.”

Which said Instrument of Writing, with the Certificate, shall be by them Delivered to the Sheriff, who upon Exposing such Lands, Goods or Chattels to Sale, shall not Dispose of them for a less sum than Two Thirds of such Valuation, under the penalty of One Thousand pounds, to be Recovered by Action of Debt in any Court within this province having Cognizance thereof, by and for the use of the party Grieved.

III. And be it further Enacted by the Authority aforesaid, That if any Lands, Goods or Chattels set up for sale as aforesaid, shall not be Disposed of, the plaintiff shall take the said Lands or Chattels at two thirds the Valuation thereof; and the Sheriff or other Officer is hereby impowered

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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, Goods or Chattels been sold at Publick Vendue.

IV. Provided, That in Case any person Shall Conceive himself Aggrieved by such Valuation made as aforesaid, he may appeal to the Next Inferior Court of the County wherein such Lands or Chattels may be, who on Examination may appoint one other Justice and two other Freeholders to proceed in a Second Valuation of the said Lands or Chattels, under the aforesaid Oath and Regulations, upon which valuation returned to the next Court, the Justices shall Judge upon the same without appeal, and 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 his majesty, to this province, or to Merchants in Great Britain, or to any Execution already levied.

VI. And be it further Enacted by the Authority aforesaid, That the Sheriff or other officer shall be and is hereby intitled to receive the Sum of Two Shillings and eight pence for each and every Justice and freeholder so summoned, and every Justice and Freeholder that shall neglect or refuse to attend, unless prevented by sickness or some other sufficient Cause, he or they so neglecting or Refusing, shall forfeit and pay the sum of Five pounds, to be recovered in the Inferior Court of the County by Action of Debt, and applied to the use of the Parish.

VII. 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 XV.
An Act to Encourage the Importation of British Copper Half-pence and for making Them a Tender for the Payment of small Debts.

I. Whereas, the Importation of British Copper Half-Pence into this Province and making them a tender for the payment of small Debts will be found of great Utility to the Inhabitants,

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, British Copper Half-Pence shall be received and taken in all payments at the rate of Twelve of the said Half-pence for One Shilling Proclamation Money.

III. Provided always, That no person shall be Obliged to receive more than the value of ten Shillings, Proclamation Money, in such half-pence for the Payment of any Debt whatsoever.

IV. And be it further Enacted by the Authority aforesaid, That this Act shall be and continue in force for and during the term and Space of five Years from the passing thereof and no longer.

CHAPTER XVII.
An Act to Continue an Act, intitled an Act to amend an Act, intitled an Act for the Regulation of the Town of Wilmington.

I. Whereas, the before recited Act has been found Greatly to Contribute to the Good Regulation of the Town of Wilmington, and the time of its Continuance being near Expiring,

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II. Be it Enacted by the Governor, Council and Assembly and by the Authority of the same, That the said Act shall be and Continue in force, from the expiration thereof, for and during the term and Space of one year and no Longer.

CHAPTER XVIII.
An Act for declaring certain Lots in the Town of New Bern taken up by the Trustees for Promoting the Public School in the said Town, saved and improved according to Law; and to impower the said Trustees to collect the subscriptions due to the said School.

I. Whereas, the Incorporated Society for Promoting the Public School in New Bern have taken up two Lots of Land lying and being in the said Town and known in the plan thereof by the Numbers or Figures 328 and 329, and are contiguous to and in the same Square in which the said Society have erected a large and convenient Building for the Use and Accommodation of the Master and Scholars of the said School. And it being inconvenient that any other Building should be Erected on the said Lots.

II. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That the said Building already Erected shall be held, deemed and taken to be a Sufficient saving and improvement of the said Lots Number 328 and 329 within the extent and meaning of the Act of Assembly in that case made and provided, And the said two Lots are hereby declared to be saved and improved Lots accordingly; anything in the said Act of Assembly to the Contrary notwithstanding.

III. And whereas, Sundry Donations have been made by Subscription for the benefit of the said school, which the said Society have neglected to collect and receive; And Whereas, it is apprehended that the Statute of Limitations will be a Barr to any action that may be brought by the said Society for recovering of the said Subscriptions.

IV. Be it therefore Enacted by the Authority aforesaid, that it shall and may be Lawful for the said Society to commence an Action or Actions on the said Subscriptions against all and every person or persons for any Sum or Sums by him or them subscribed for, and that upon such Action or Actions the said Statute of Limitations shall be no barr; Provided, That such Action or Actions shall be brought by the said Society within the space of Twelve Months from and after the passing of this Act and not after.

CHAPTER XIX.
An Act for destroying Crows, and Squirrels in the several Counties therein Mentioned.

I. Whereas, the great increase of Crows and Squirrels in the Counties hereinafter mentioned, is found to be injurious and prejudicial to the Inhabitants thereof.

II. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That every Master or Mistress of a family, and Overseer of a Plantation, where the Master or Mistress doth not reside in the same County, in the Counties of Craven, Granville, Pasquotank, Rowan, Cumberland, Mecklenburg, Orange and Bute, shall kill or cause to be killed in every year, Seven Crows or Squirrels for each Taxable, he, or she, shall inlist, under the penalty of forfeiting and paying four pence, for every Crow

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or Squirrell, he or she shall neglect to kill, or cause to be killed, to be recovered, and applied, as hereinafter directed.

III. Provided always, That no Taxables, constant Residents in any of the towns in the Counties in the Bill mentioned, shall be included in this Act.

IV. And be it further Enacted by the Authority aforesaid, That every Master, Mistress of a Family or Overseer as aforesaid, on killing any Crow or Crows, Squirrel or Squirrels, as aforesaid, shall produce the Head of such Crow or Crows, and also the Scalp or Scalps of such Squirrel or Squirrels, to some Justice of the Peace, who thereupon shall give a Certificate to such person or persons, mentioning the number of Crows Heads, and Squirrels Scalps so produced; who on giving such Certificate shall destroy or cause to be destroyed, such Heads or Scalps in his presence.

V. And for the effectual recovering the penalties aforesaid, Be it further Enacted by the Authority aforesaid, That the Sheriffs of the respective Counties, hereinbefore mentioned, at the time of receiving the County Taxes, shall demand of each and every person chargeable with Taxes, such Certificate for that year, and on neglect or refusal to produce the same, or pay the penalties aforesaid, the Sheriff shall and is hereby impowered and directed, to make Distress upon the Estate of such Person, or Persons, for the penalties aforesaid, in the same manner as by Law he is impowered to make Distress for public, County and parish Taxes, and shall account with, and pay the same, to the Justices of his County, under the same Rules, pains, & penalties, and have and receive the same Allowances, as for receiving, accounting for, and paying public, county, and parish Taxes; which penalties, shall by the Justices be applied, towards defraying the County Charges.

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 One year, from and after the passing thereof, and no longer.

Read three times and ratified in Open Assembly this third Day of December, 1768.

WILLIAM TRYON, Esq., Governor.
JAMES HASELL, President.
JOHN HARVEY, Speaker.