(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "The laws of North-Carolina [serial]"

v. 



a 




LAWS /ffc^f* 

O F . " 

N O RTH-C AROLIN A. 

At a General Assembly begun and held at the City of Raleigh, on Monday the 

nineteend. uuy 61 Novunbtr, in the year of p'iir Loid one thouland fevew hundred and Samuel 
Ai net y -eight, and ot the Independence ut me (jnitco suitsouiuiaiu the twenty -thud: Ashe, kf<j> 
It being ihe first session of this Assembly . . . Govtinof. 

,, .Chap: i: ., . ._. .... . 

An hdi tt raife a reiienueftr the payment of the civil lijl and tontingent (barges ef the govern^ 

mentfjtr the yeur tne th<.ujt.n<! j.v^n hunuitu una n.neiynint. 
1. T3 E it cnatied by tie Ueriertu /IJjiii.o.j if tt.e;j,uu 0/ i.^rtb Lar»iuiu, unit it is hereby en- y ax f or „ _ 

JLi aciea vy u.e uuthertij »J thejuau t l n<ai tur the ycai one inouiauit leven bundled and on u nl :« 
ninety -unit, a tax ot cigln |tuti. u every I'ti'udiid a'etes' of, land in this Haje, and a tax of lOWI , touund 
two Shillings on every huncrcd pqiih& vaNn o. u \> n Ut? vwih if eir, imLiovirtieuts, and noli*. 
a tax ot two (hillings on every pol:, fh.il! bt kvicd, cohtti.icandaicounted (or in the man- 
per direfteil by the leverai act.\ 01 Ail" mbly, 111 fuji'h.cafe made. and. provided. , , ,. , \ ., ■■ .. 

.11. And be it further enefted, 1 hat a tax on all llud-hori'es within this ilate, of the full Onftud-hor. 
fum which the owner ot fueh ftnd-lioi u fhall alk and receive tor theleafon ot one mure, ■*•• 
ihall be levied, collet'.ted and accounted for. in the fame manner as iueii isxes have teen 
heretofore levied, collected and aiconnttd tor. . .'.•,., ■, , ••■ . > V r 1 f a 

III. And be it further enatied, I hut no linking fund tax fliall be collected for the y«ar J^j -*.v • 
one thouland levm hundied and. i.ineu -nine. ...... " k * 

CHAP. II. „ . k . M , 

W- An A£l to amend the revenue lav. s us refpetls the land tax. 
HEREAS the prtlent mode 01 lelimg lands lor ■ lie taxes thereof, is infufficietlt to 
fecure ihe coUccKon of that [art of the levei tie : 1- t.r remedy whereof, 
i. Be it e no tied by the General Affeudiy of thejinte of kortb-Cuitluia, and it it hereby en- 
tiled by the authority ef the Jamie, 1 hat worn and after. t(. e. thinii-tn day ot M.irch next, sheriffs dur* 
When any land* fhall by the laws of this Uate become liable, U> be fold tor the. taxes of the ; n jc)ij,,„ 
fame, it fliail be the duly of the Sheriffs rtlpecHvuly .10 fit up .the whole of the lands be- i'-u<UJur tax. 
longing to any one perfon or company," for which. the taxes thereori fhall &c due.» Jo .be told es, 
to the pcrlun who will pay the .amount ot the public, coumy and p^or .taxes, with all ihar- 

f;es tor advertiling the fame agreeably to law, tor the fmallelt part thereof ; and he fliall 
trike off the quantity fo bid or' offered to be taken.;. fur; thc.amciunt of the taxes and char- 
ges afofefaid, to the perfon offering to take the final lilt number of acres of the land tor the 
taxes and charges as before ment'oncd. .* • .. •.,...,.; , , .: 

II. Ahdbeii further enr.clcd by the authbrily iforefuid, That the perfon purchasing lands "'/ 

at any Sheriff's fate, for t!ie taxe* under thisau, thai! he at liberty to make choice of th.e ' n "P 
quantity of land fo llruck off to him,- out ot any part, of the land offered for fale, to, be la;id n ' a ? " ,akc 
off in one compaflbody as nearly, in a fcruare as can be, and adjoining to l'ome ot the out- 
lines of fuch trafls or parcels r,f land ,, > , . ; . : 

III. Andbe it further enatled, That # when anv perfon fliall purchafe land under this a£i, 

they fhall within ninety days after fuch ptmhsfe pr'efent to the Sheriffa fair plat of the How to oU« 

land they make choree of u rider mch purchafe ; which plat fhall be made by the county Sur- titles, 

veyor or his deputy from actual furvev, with ihe courles and dittanies fairly let forth aud 

certified under his hand ; which faid fdi vcy fliall be made at the ex pence ot fuch purchafer, 

and the Sheriff fhall execute and de^ver to him a deed lor the fame. ■, ' 

IV. Andbe it further enatled, That it no perfon fhall bid a inialler quantity than the ^" c ^ larids 
whiile, then the whole of the laid land fo fei up fhall be coi'lldtred as a bid tor the Cover- ^ eV A*f '•" 
nor, and the Sheriff fliail ftrike off ihe fame to him accordingly ,"'ard execute a good and J tit- ' e . a *" 
ficient deed of conveyance to him and his fucctfiors in cflici, in mariner hereaittr dircctfed,' 

for the ufeof the flate. 

V. Andbe it further enatled, That it fhall be tie duty hereafter of the feveral Sheriffs sheriffs duty 
fefpeflively, to perteft the laiid deed or deed^ by fif rinc, ackncwlcdgint ard delivery there- i,, C i.|,\tj •?£. 
bi, *n *h«.prelence- ot the next enfuine county court Jot the county where the fnit lain fhall the lsu»e. 

A be, 






Laws of nort h-c a r o l i n a. 



1798 

Clerks' dut y 

Penalty. 



Farther cTn- 
t) ot (Sheriffs 



-Penalty. 



Allowance. 



FvtrchaTers 
fubject to ac- 
cruing taxes. 



Dtny of She. 
riffs an J Co- 
roners. 



be, and the Clerk (hall accurately regifter the fame in a hook to be kept by him for that 
jjiirpukj which regiltralion (hall be ocemeil valid j and it lhall be the iui tLer cut) 01 ihe 
. Clerk alter having recorded the deed as alorelaid, to cerlity the fame thereon, and deliver 
the lame to the Sheriff ,who that! call on him lor the fame; within twenty days alter the 
riling or the court, atterJAiich lueh deed thaH have been acknowledged ; and the laid Clerk 
neglecting to pertoim and'deliver the tame to the Shcritr ai.atorelaui, thall Le liable 10 a 
penalty 01 five hundred pounds, to be recovered againfl iiim by the Attorney or Solicitor- 
Gciiera!, tor the life ot the ltatc, in any court havmgcognizai.ee thereof, by motion, f.rtt 
giving to the faid Clerk ten days, previous notice of luch motion. 

Vf. And le it further enabled, That it lhall be the duty ot every fuch Sheriff before he 
fettles- his* account v\ nh the Comptroller, to depotit fttetl detd or Heeds in the otfice pi the 
, Secretary ot State-, who thall record and keep the fame in his office tor the benefit ot the 
ftate ; and the laid lands to conveyed (hall be deemed vacant lands, and liable to entry ac- 
cordingly ; and the Secretary ot State (hall grant a certificate to lucli Sheriff/letting ioith 
the quantity ot laud fo conveyed to the Governor ; which ciriiticate (hall be returned by 
fucb Sheriff to the Comptroller ; and fuch Sheriff in addition to the oaths heretofore taken 
on his fettlement with the Comptroller, fhall alio fwear that he fas conveyed to the Go. 
vernor in conformity to the requiiitions of this ad, all lands by him fold for the taxes, there* 
of, and purchaled as aforefaid for the ule of the Hate ; and it any Sheriff thall tail or retufe 
fo to do, the Comptroller lhall in his report to the T'reafurer charge fnehSlieiiii lo faith g 
or refuliii'vwiih the fum or onethoufand pounds in addition to the penalties heretofore di_- 
re&ed by law, who (hall recover the fame tor the ufe ot the ftate, in the lame manner as 
Other monies are by the prelent exiUing laws recovered againit Sheriffs and mher revenue 
officers. -_ - 

VII. And be it further enacled, That each rcfp.edive Sheriff thall be allowed in his fet^ 
tlernent with the Comptroller (the requiiites ot i his ad being complied uiihj the amount 
ot the tax on all lands fo purchaled, together with the colts of advertiling and reeuidiiig, 
and (hall ali'o be allowed commiffioi.s on the fame as if the money had adually been un- 
leded ; and filch Sheriff lhall alio be credited in his ieitlement with the con my Treofuri 
trand with the VVarneus ot the Poor, for fuch of the county arid poor tax as the laid lands 
agreeably to the directions of this act, may be fold to Lusly. 

VHJ. And be it further enatlcd, That any perfon purchafing lands fold for the taxes 
due thereon, lhall be coniiiercd as taking and holding the fame, iubjed toYthe taxes accru- 
ing and growing due thereon from the hilt day of April next preceding the time ct his pur. 
chafe. ' 

CHAP. III. 
An Act: to amend an aft entitled " 4n aft to amend the re'ventte laws of this Jlate, and to direct 
the mode in which theje who herenjler Jhalt complain 0} its judgments may ati-in redrejs," 
p'fjed in the year one theuf and /even hundred and nine-two. 

WHEREAS by the before recited ad the Sheriffs or Coroners on receiving any ex- 
ecution wherein the date is plaintiff, are directed to fell the property executed to 
faii.-iy fuch judgment, on the fecOnd day of the court which thall next precede the Superi- 
or court, to which faid execution is returnable ; which faid law freqtienily puts it out of 
the power of the Sheriffs or Coroners to malic return agreeably to the tenor of the laid ex- 
ecu 1 ion ; ... 

I. Be it therefore emcled by the General JJJhnbly of the Jlate if North-Carolina, and it is. 
hereby enaiJet by the authority «/ the Jame; That from and after the paffing ot this ad, any* 
Sheriff or Coroner who has received or may hereafter rc.eiveany writ of fieri "ucias where- 
in the ftate is plaintiff, it thall be the duty of the faid Sheriff or Coroner after levying and 
advertiling agreeably to the before recited ad, to fell the property fo executed, oblcrvitig 
the diredions of the faid ad on the fecond day of any court which lhall happen in the coun- 
ty wherein fuch property is fo executed, between the time of receiving the execution and 
the court to which faid execution is returnable. 



Certificate of 
theClerk, Sic. 
a furficienc 
voucher for 
theSecrfftiry 
to illue grants 
en, 



CHAP. IV. 

An Ad to amend the f ever alaEls of AjJ'embly noiu in force in this Jlate, which refpeil the enter- 
ing and obt lining titles Joy lands. 
I. T> E it enarted by the General /!(Jembly of the Jlate of Aorth-C 'arolina, and it is hereby 
J3 enatlcd by the authority of the fame, That fo much of the provilb of the lixth claufe 
or feclion of the; feyentecnth chapter of the ad of one thoufand feven hundred and ninety- 
five, as requires that the receipt of the Entry-taker fhall be fworn to in open court, atteft- 
ed by the Clerk, and tent fealed up to the Secretary's-office, be and the fame is hereby re- 
pealed ; and henceforward a certificate of the Clerk of the court with the feal annexed; 
dating that the. perfon claiming a grant was qualified in open court, and didmake oath that 
the purchife money for the lands claimed was paid to the Entry-taker by or for him, fhall 
be a fufficient voucher for the Secretary to ilfuc the grant on, whether the fame (hall be 

handed to him fealed up or othcrwifc. ., , ,» 

II. And , 



■ -- ■•■•■■ "-ri- mt 



LAWS of NORT H-C A R O L I N A. 



1798. 

II. And be it further enacled, That henceforward it (lull and may be lawful for the Se- v — v~- ' 
cr-tary 01 State on application, to ilVue grants on all entries made previous to one thou- Secretary ta 
land feven hundred and eighty-three, without requiting Horn the applicant any proof that >>' u<: grauts^ 
the purchafe money has been paid to the (fate : Provided, That the entries on whichgrants & c « 

are prayed for, appear onthetrajifcri.pt of theEntry-taker's books lodged in his office, and 
correfpond with the warrants returned to (iim ; which requilite iiiall be difpenled with in 
all cafes applying to the counties of Chatham and Guilford. 

III. And be it further entitled, Thai the third claufe or fecYion of an acl of the General Repeating 
AfTembly, palled in the year one thoufand feven hundred and ninety-fix, entitled " An acl clauie. 

to remedy certain inconveuiencies arifing tinder the prefent land laws," be and the fame is 
hereby repealed and made void, and that henceforward no duplicate warrant for lands (hall 
be ilTued but on application by petition te the General Alfembly. Repeating 

IV. Andhe it further enacted) That the eighth and eleventh claufes or fecYions of the a- cla^Ie. 
bove recited act) be and they arelikewife hereby repealed and made null ; and that twelve further time 
months longer, that is to fay, until the fir d day of January which thall happen in the year allowed 10 
"one thoufand tight hundred, be given to the enterers of iands firlt defcribed in the fourteenth enterers or 
Section of the faid act, to wit, entries made fnice the fifteenth day of November, one thou- ' ln 1'^?-^ 
fatid feven hundred and feventy-feven, to accompliih their furvcys and perfect their titles, " , 

•/- r 1 t ' 1 r • I r ' \ \ i' >cya cllltl l*CT» 

the provihons of the laid lections or claules to the contrary not wjihltanaing. feet titles 

V. And be it further enacted, That all entries of lands llnce the eighth day of February, 
lune thoufand feven hundred and ninety-five, and up to the firif day of January, one thou- 
sand feven hundred and ninety-eight, Ihall yet have until the firlt day or October next, to And to paj 
pay the purchafe money for the entries refpectively to 1 he Hate ; after which period all en- the pure-hale 
tries made fince the eighth day of February, one thoufand feven hundred and ninety-five, tnoiitj'. 

and up to the firft day of January, one thoufand feven hundred and ninety-right, which 
fhall not be paid for, fliall be held and deemed lapfed entries, and (hall be confidertd utter- 
ly void and of none eifect ; all lands fo entered as aforefaid and not paid for being thence- 
forward held vacant and unappropriated, and fubject to be entered by any perfori wiilir.g 
to fe. ure them. ™. Q w ,i, plrt 

VI. And be It further enacted, That the Secretary of State fhall not iflue any grant or lhe secreiary 
frar.ts on entries of lands hereafter to be made, except to fuch perfon or perlons or their „, av ,|j ue 
heirs, as ma, J e -faid entries. j grants, 

C ii A f\ V. 

dn Acl to amend an aft pafj'ed fit one thoufand feven hundred and ninety-four, entitled " Art 

a£i to amendan aci puljed at Fayetlevitle in the year one thoufand feven hundr d ana ttinttjf- 

three, emitted An aft to carry into rffecl an aft of Coi.grjs, entitled An uii more -ffefiu- 

«liy ti provide for the national defence by eft.hi'ifh/ng an uniform Milina th> ougi out l1>e 

United States, and lo repeal an aft pafjed ut l-\yettevilie in the year one tkouj una j even 

-, hundred and ninety fix, entitled in att ejtabli thing a Militia in this Jlate." 

I. T) li it enafted by the General Affembiy of lefalt of horth-Caraina, and it is hereby 

JD enailedby the authority of the fame, That every comnliliior.td officer of the Militia Comnrrfliofli- 
in this (late, by appointment of the commandii £ officer or each regiment; (hall meet twice ecl <ffice>s to 
in everv yeajf at the court-houfe of their ref eflive count : es; or at fuch other places as have " ltc£ fwwe a 
Veen appointed by law for holding general-mtiflefSf eXclufiVe of the meetings on the days y eai * 
previous to each, general mulltr as heretofore, wiitre they lhall remain ^ o :,ays ; during 
which time they (hall be exerciftu by the Adjutant or commanding officer of the regiment 
four hours in each day at lead, wh r= thty fliall be inltrudl c& in all matters of field exeixife 
.and difciplrne, according to the fyltem tfiabliified by the Cnnt;refs of the United States; 
and for each and every failure or neglect to appear at a muder of the officers as atorefaid. Penalty for 
-without being able to render a Sufficient ex-cute to the regimental court-martial to be held nbt attend*- 
.next after fuch mufler, they fliall forfeit and pay five pounds, to be recovered as olher fines ing. 
in the above mentioned act. 

II. Be it further enaflcd. That for every failure of a private or non-commidioned offi- 
cer at a company muiter, he or they fo failing to appear (hall forfeit and pay the fufn of Penary off 
ten (hillings; for every regimental or battalion muiter the firm of twenty (hillings: And "*»' l -c*»mr^t- 
if fuch private or non-commiffioned officer ffiould fail or neglect to appear equipped in '"" iei1 . . 
fuch manner as the laws in force have directed, they fhall be ordered to appear by a i & P 
Serjeant before the next court-martial to be held by the officers of the company; and if "' 
upon examination they fliall be deemed in circutrltances fufficient to procure the neccf- 

fary arms as the laws direct, they fhall forfeit and pay for every fuch neglect the fum of five 
ihillings. 

III. And be it further enacled y That it fhall be the duty of each Captain refpeclively, 

1o attend his company m tiller as often as the law heretciore required, and caufe his faid Captain's d«- 
company to remain under arms at lead four hours en each and every muller day, and to ty, &e, 
teach them or caufe ffiem to be taught the manual exercife and neceflaty movements ; and 
for every failure fhall forfeit and pay the fum of two pounds, to be recovered and applied as 
ether fines. IV. Be. 



LAWS or NORT H-C A R O L I N A. 



1798. 

* — * — ' IV. Belt further enacted. That every officer commanding a regiment (hall in future 
Officer* to make a duplicate return in ihe fame manner they are now by law required to make to the 
make dupli- Adjutant-General, to the lnfpector of their brigade ; and it fliall be the duty of the Eri- 
caie returns, g ac ie- lnfpector to make a duplicate return defcriptive bt the fevcral regiments of their re- 
• Ipective brigades, to the Adjutant-General of the ilate, under the penalty of twenty-five 

pounds ; and that it fhall be the duty of the Brigade-lnfpector to bring fuits tor the delin- 
quency againft the commanding Officer of the regiment, in the court of the county where 
iuch delinquent officer refides. 

V. Be it further enabled, That each and every officer commanding a regiment fhall make 
*To make an. an annual return to the Brigadier-General of his brigade, at leaft two months before the 
uual return*, annual meeting of the General Alfembly, under the penalty of twenty-five pounds ; and 

that each Brigadier-General fhall make his return to the Major-General of his divifion one 
month thereafter ; that the Major-Gcneral ot each divifion fhall make return thereof to 
the Adjutant-General, on or before the third day of the meeting of the General AtTembly. 

VI. Be it further enabled, That the fines ot the cavalry fhall be as follows : that is to 
._. fay, at a regimental review each Captain who fails to attend or attends not properly equip- 
I' meson ca- ^^ ^j] f or f e j t an[ j paythefumof five pounds ; each commilltonecl officer under the grade 

* r ^' of a Captain, fhall forfeit and pay the fuinof four pounds ; each non-commiflioncd officer 

the fum of three pounds"; and each private forty (hillings: and for every like failure and 
neglect at a company multcr, every officer and private fo faffing or neglecting to appear, 
or appears not equipped according to law, fhall torfeft and pay one halt of the above fums, 
to be recovered as prefcribed by the above mentioned law. 

VII. Be it further enaded, That each and every ColoneTof a regiment of cavalry fhall 
Colonel to appoint one Adjutant fo attend his regiment, whole duty it fhall be to attend each company 
appoint an mutter ordered by the Captain of the company previous to the regimental reriew by the Co- 
Adjutant, lonel of the regiment, and then difciphue the different companies as directed by the com. 
Hi»duty. manding officer of the regiment, to whom he fhall report previous to 1 tie review of faid 
... regiment, and fhall be entitled to'the fame pay as a Brigade- lnfpector when reviewing the 
. owance. re gi ment$j an j fifteen (hillings per day tor reviewing company mutters, and paid in the 

'fame manner. And in cafe of faid Adjutant failing to atrmtl His duty as afoiefaid, he lhall 
, _ forfeit and pay ten pounds, to be recovered as other fints." , 
7 Officers to VIII. Be it further enailed, That ieivn commiffioned officers of cavalry fliall form a 
form a court- court-martial ; which court-martial when formed ihall proceed as the laws direct. 
martial. jx. g, ft further enafied, That out of the miiiiia enrolled as by the faid act directed 

Militia I there lhall be formed tor cac'n regiment one company of gfvinadieis and one company of 
irranced ''S nt infantry or riflemen, who ihail be arranged to the battalions, where there lhall be 

* ' more than brie battalion in a regiment in iuch mariner as ihx field officers of faid regiment 
may direct; . ..,-.,... 

Commanding X. Bt it further enefied; That when any officer commanding a regiment, brigade or 
officer of arc- divifion,' fhall have occafion to be abfent from his ufual refidence more than one rr.ontlv, 
jjiment, to it (hail be the duty of fuch officer to notify the perfon entitled to the command of fuch fegi- 
yWeiin'ricein ment, brigade or divifion, of fuch his intended abfence, and alfo ihe next fuperior officer' 
ca'fe dF his ab- ;„ command, under thu penally bt twenty-five pounds, to be recovered as other fines br 
lence, &c. tne fjij act directed." , 

Allowance XI. Be it further enailed; That in future Brigade-rnfpectors while on actual feryice 

to Brigade fliall be entitled to twenty-hve fhillirigs per day, in full coinpenfarioh for" their fervices, 
Infpettorl. any law to the contrary notwithstanding." , , 

Repealing XII. And be it further enailed, That all acts', clatifesand riarts of acts that come with- 

claule. j n t| le meaning and perview of this act, are hereby repealed and made void. 

chap. vTT "" • 

An Act to amend the fiffh feiliin of an ail, chapter Jixteehth,paffed at Raleigh, in thefeeond 

cf November , one thoujand feven hundred and ninety- fve, providing among other things 

Jor the Jupprejfitn of injur reil'ions. 

I. T3 E it enacled by the General Affcmbly of^ the fiat e of North-Carolina, add it is htreiy 

, -D enabled by the authority of the fame, That when any two J lift ices of the Peace fhall 

Dutj o r jo • j <noWj or j lave an y rea f on to believe that any confpifacy hath taken place to promote in- 

»>-_-. furredtion among the Haves' or people of colour, or that there may be danger, of fuch mea- 

fures taking place, it fhall, be their duty to illue an order to the Sheriff of the county, or 

his deputy, to fummon the Magi Urates of the county to meet at the court-hotife on. 

fome day fixed by faid order, which it fhall be the duty of the Sheriffs to obey ; and if a 

«" majority of the Magiftrates prcfent, fliall be of opinion that any fuch combination exifts, 

or that there may le danger of an in fur reel ion, they fhall immediately bjjexprefs., make a 

reprefentation thereof to the Governor of the ftate, for the time being ; and the Governor 

lhall by warrant, order the expence of faid exprefs to be paid out of the Treafury. 

Governor'* U- And be it further enabled, That when the Governor fhall receive fuch reprefentati- 

P«wer. on made as afortfaid, he fhall be and he is hereby a'uthorifed to iffue orders for a patrolc of 

the 



LAWS of NORT H-C A R O L I N A. 



1798. 
tilt militia, with fuch inllruilions to the commanding oflictr or other officer of the coun- v — v"""' 
ty, as the exigency ot the cale may require. 

111. And be it further enatled, That when application fliall be made to the command- Commanding 
ir.g officer ot the county, or other oftii er of) the militia, under the laid aft paffed in the year officer ol the 
one thouland feven hundred and ninety-five', it lhall be the duty ot" fuch officer to report the « ol "»i),or 9- 
fame immediately to the Governor tor the time being, who lhall thereon take the neceffa- ICI " lncer 

rv meafures, by ordering out a futficient body of the militia to preferve and enfure the pub- "" ° 

j * j o .•'.. * * iii'iKC report 

he lately, who lhall when oideredout as atorelaid, be governed by the before recited aft, tot | ie Go»er» 
palled in the year one thouland fever) hundred and ninety-five. r Xj C , 

7" c h a P. VTT. 

An Aft to eflablifh a Court with 'jurifdiilien competent to examine the validity of patents in 
certain cajes, and giving jurijdittion to the Superior Courts of Laiv and Equity in ether 
er like ci'jes. 
I. TJE it enaclcdby the General AfJ'embly of the Ji ate of North-Carolina, and it is hereby en- 

X5 ailed by the authority of the fume, That the Judges of the Superior Courts ot Law Court to b« 
and Courts ot Lqnity, ot any three ot them, lhall on the day which may happen tobetwen- hold en at 
ty days before the commencement ot their tall circuit ot tiic Superior Courts of Law, o- Raleigh. 
pen and hold at the court-houle in the city of Raleigh, a Court which lhall be called a 
Coutt ol Patents , and the laid Court thall have cognizance and jurifdiciion of all grants, pa- 
tents and ctters patcnr, ilfued, granted or made by the (late ot North-Carolina, or purport* 
ed to be made, ilfued or granted by or in the name orftyleofthe Itaie of North-Carolina. 

II. And be it further enabled, That when it ihall be deemed nccell'aiy on the part of the 
(late, to examine the validity ot any grant, patent or letters patent, ilfued of made as afore- 

fald againlt law, or obtained by iallc fuggeitions or fraud, and a record of fuch grant, . 

patent oriel ttrs patent lhall have been mad; in the office ot the Secretary of State, it lhall Uu, y ° *j 

be the duty ol the Attorney or Solicitor-General to canieautlienticated copies of fuch erants, J!"", 1 ' V r , - 
1 i_ /-1 j • 1 /--i 1 > r- c e v -j r-\ ■ * 11 solicitor ue- 

pattr.ts or letters patent, to be hied in the Clerk, s otiice ot the laid Lourt, together with a . . 

petition or bill which lhall briefly Hate the grounds whereon any grant, patent or letters pa- 
tent Ihould be rtpea'ted, cancelled or vacated ; whereupon a fcire facias lhall iliue to the Scire facia* 
grantee, patentee or peifons, owner or claimant, requiring Inch patentee, grantee, owner coifluecothe 
or claimant, to (hew caufe why fuch grant or patent lhail not be repealed and cancelled. grantee, &c. 

III. And be it further eriaBed, That the writ of fcire facias lhall in fuchcafes be confi- 

dered the leading procefs ; and all other procels and proceedings thereon, lhall be conform- To be the 
able to the general rules of practice in Courts of Law in cafes ot fcire facias; except in ca- leading! pro- 
fes wheic return lhall be made that the feire facias cannot be made known to the party de- teis,&c. 
fcndant, and then the Court (hall order publication in fome one or moie of the Gazettes 
of this it are, tor foeh time as they may deem proper. Ami where affidavits (hall be made 
that the party defendant lives out ot the Hate, t lien the Court may in the fir if inffance, or- 
der the feire facias to be publilhed in one or moie of the Gazette's, for fuch length ot lime 
as they may deem proper ; nncf alter Iik h publication, the Court (hall proceed as if fuch 
fcire facias had been returned, made known in the ufual form. 

IV. And be it further enacled, That when upon a verdict cir demurrer, it fhall appeal- 
to the faid Court lhat-fueh grant or patent was made again ft law, or obtained by fraud, Court m Rive 
■Yirprife or upon untrue fuggeitions, it lhall be lawful for the faid Court to give judgment, judgmenx, 
thai fuch grantor patent be repealed, vacated and 'made void.; which judgment lhall been- &c. 

teted at large on lie records oi laid Court ; and it lhall be the duly ot the plaintiff or pe- 
* titioner to caufe an authenticated copy thereof to be filed in the Secretary's-office, where 
the fame (lull alio be recorded in a book kept tor that purpofe; and the Secretary (hall note 
in the margin oi the tiril or original record of faid grant or patent, the entry ot luch judg- 
ment, with a correcf reference tri the record in his office. 

V. And be it burlier enafJed, That the faid Court thai! appoint a Clerk of (kill and pro- -j- j,pr> j nt 
bity, who (hall before entering on the duties of Itis office ot Clerk, take an oath of the lame a clerk Sec. 
tenor and effeft as that prefcribed for the Clerks of the Superior Courts of Law ; and (hall 

alio give bond vi irh ftifficient fecurity, payable to the Governor for the time being, and 
his fucceffors in office, in the fum of two thoufand pounds, for the fafe keeping ot the pa- 
pers and records to him entrufted, and for the faithful difcharge of his.duty ; which bond 
(hall be lodged by the judges or fome one of them, in the office of the Secretary ot State, 
and may be put in fuit by any perfon injured without an affignment from the Governor ; 
and all coils thall be taxed and adjudged in thefe cafes, as are taxed and adjudged in fimi- 
lar cafes in the Superior Courts ot Law, and execution ihall be awarded tor the fame ac- 
cordingly. 

VI. And be it further enatled, That twenty-four jurors fhall be fummonedby the feve- furors ts 
ral Sheriffs in t he dill ricSt of Hillfborough ; and it (hall be the duty of the Juftices holding ^ f ainn)onct i 
the feveral County Courts compofing the diftricl of HilHborough, to appoint the jurors a- 

forelaid, in the following proportion, to wit : The county of Orange, three jurors ; the Howappoin- 
cou:*ty of Randolph, three ; Chatham, three ; Perfon, three ; Cafwell, three ; Granville, t ed. 

B three : 



LAWS of NORT H-C A R O L I N A. 



1798. 

^—*y— -/ three ; and Wake fix, to attend the faid Court of Patents, who (hall each receive the fura 
of ten (hillings per day, to be paid by the Treafurer on their certificate of attending, fign- 
ed bv the Clerk of faid Court. 

Vll. Andbe itjurther inailei, That it (hall be the duty of the Sheriff of the county 
Allowance to e f Wake 10 attend the laid Court, by himfelf or his deputy, for which he lhall be allowed 
ahenft-. tn g r um e f twenty (hillings per day, for everyday he (hall attend the lame. 

Ter ffihl VIM. Andbe it further enaited; That the faid Court fo opened, (hall be held froth day 
'dine court ' *° ^Y aur ' n g ,ne term o( ten days, ot 'until thebufinefs ready tor trial therein (hall be tri- 
ed and determined ; and when the firft day of the term 'of the (aid Court fhall hsppcri on 
Sunday, then in that cafe the faid Court lhall be opened and held On the day following: 
Superior IX. And be it further enaited, That from and after the palling of this }»c"t , the leverat 

Courts to Superior Courts of Law (hall have cognizance and jurifdiciion of all grams and patents, 
have cogni- iffued, granted or made fince the fourth day of J uly, one thoufand feven hundred and fe've'n- 
zance of ty-fix, by the date of North-Carolina, for lands iituated within the rcfpedlive diflrictVof 
grains and f uc h Superior Courts of Law. 

patent*. x. Arid be it further enaited by the authority afortfaid, That when any perfon Or per- 

fons claiming title to lands in any of the counties in this date, tinder a grant or patent, 
p r . „ from the King of Great-Britain, any of theLords proprietors of North-Carolina, or from 
rrieved how tne ^ ate °* North-Carolina, fhall confider himfelf or themfelves aggrieved by any grant or 
f» obtain r#- P atent iffued or made fince the fourth day of July, one thoufand leven hundred and (even- 
drtli. tv - nx > to an y other perfon again ft law, or obtained by falfe fuggetiions, furprife or fraud', 

fuch perfon fo aggrieved, may file his petition in the Superior Court of Law for the diil- 
rict in which fuch land may lie, together with an authenticated copy of laid grant or pa- 
tent ; which petition (hall briefly (late the grounds whereon fuch patent fhould be repeal- 
ed and vacated ; and thereupon a writ of fdire facias lhall iffue to the grantee, patentee or 
the perfon, owner or claimant under fuch grant or patent, requiring fuch grantee, patentee 
'or owner to (hew caufe why fuch grant or patent (hall noi be repealed and Vacated. 
„ , . , XI. And be it further enaited, That all further proceedings thereon (hall be eon form a- 

fo^re C d° r S ^' e t0 tne ru ' es anc * reur ' c ^ ons prefcribed for the Court of Patents : And the faid feveral 
jud ent Superior Courts of Law, (hall be and they are hereby refpedfively authorifed to reider 
ttnosdefault. judgment upon a default, verdict or demurrer, in as full and ample manner in all fuch ca- 
fes, as the faid Courts of Patents may or can do in like cafes ; any law to the contrary 
notwithflanding. 

CHAP. VIM. 

An Act to repeal the 1\Jl and 22dfeitions if an ait, entitled *' An ait fir raifmg public 

revenue for thejupport of givernment, end ti repeal an aii entitled An aii tofupprefs ex- 

cefjive gaming." 

' ^HEREAS it appears to this General Affembly, that fo much of the above recited 

act as refpects hawkers and pedlars, does not tend to the advantage or intcreft of 

the (late at large ; 

1. Be it therefore enaited by the General Affembly of the flat e of North-Carolina, and it is 

Ad repealed, hereby enabled by the authority of the fame, 1 hat all acts and claufes ot acts, fo far as re- 

fpedt hawkers and pedlars in this (late, be and the fame are hereby repealed and made void. 






CHAP. IX. 

An Aft dir citing the f ale of the Tower-Hill Lands, lying within the courtly of Lenoir. 

I. T3 E it enaited by the General Afjembly of the flete ef Nsrth-Carolina, and it is hereby 

, v -D enaited by the authority of the fame, That William White, Efq. be and he is here- 

CommiiTion- by appointed Commiflioner, for the purpofe of felling the Tower-Hill Lands, in the 

er appointed countv Q f L eno j r ^ formerly purchafed by the province of North-Carolina for its ufe; 

o raa e a e f rom Arthur Dobbs, Efq. and the faid Commiflioner is hereby authorifed", empowered 

and Tequired fo fell the faid Lands at public vendue, firft giving fixty days notice by ad- 

vertifement in the Newbern Gazette, of the time, place and terms of faid fate. 

II. Be it further enaited, That thepurchafer or purchafers of laid Land* (hall have a 
'Terms of credit of one year for one-third of the purchafe money, and a credit of two years for th£ 
fale. remaining two-thirds, upon entering into bond with fufRcicnt fecurities payable to the Go- 

vernor or his fucceffors in Office, for the ufe of the (late ; and the faid bond fhall be lodger! 
in the Treafury of this (late : And the Governor is hereby authorifed and required to con- 
vey faid Lands fo fold, to the ptirchafer thereof in fee fim'plc. And that the (aid Com- 
miflioner (hall be allowed the fum of two and an half per cent, commiflions for performing 
the duties required by this act, to be paid by the Treafurer. 

fe \ CHAP. X. ~ 

An Act to regulate the prailice if Attornies in the feveral Courts if Law and Equity with- 
in this Jlate, and to prevent abufes in the fame. 
WHEREAS the relation between Attorney and client or faitor in any of the Court* 
of Law or Equity within this ltate^ (hould always be clearly known and admit of 
the eafieft proof poffrble ; \. Bt 



LAWS of NORT H-C A R O L I N A. 



1798. 

I. Be it therefore mailed by the General Affembly of the Jlate of North-Carolina, and it it «. \a 8» 
hereby enacted by tin authority uj the jume, L hat every Auorney 111 uny of uw Courts or Aiiui' Ui cs 
L><tw and i^quny in tins (tatc, who Mi Ail cuuub 10 ejuci 4.1 appearance tor Any pcriou or claiming (• 
pcrions whaifoever in any oi me laid k-ouns, Miall produce ami die 111 this Cleric's orfice oi cnier an a p„ 
the Court in which he may lb claim 10 enter an uppeaiaiice, a power or authority 10 mat P^'^nce, 
eftccl ligned by uie pcrlon or perforis or tome oneoi them ior w.io.n he is about td enter ail '"'"* l< * t*co» 
appearance, or by lome periou duly autituriicd in tliat beiiau. r'rovided nevertiieltj r; i'nat ce6 ' i ^ 
vuicre aiiy Attorney in any ol the laid Courts Hull claim to enter a , appearance Dy virtue 

ot a lettci to him directed^ whether Inch letter piirpori a particular or general eiiip.oyuieiitj 
it lliall he nccellaiy tor laid Aliorhey to retain tani letter in his own polieiiion> and ihall 
on production or laid ittter letting torth luch employment, be allowed to enter nis appear- 
ance ; and it liia.il be the duty of the Clerk to note to that effect upon the docket. Fallir ' *« 

II. And be it jurtber inatted, That 111 all caies where any Attorney ihall tail to make ap- makc'lpo* 
pear his employment by his client or clients in any luit or luus in any ot the laid Courts, his emptor 
l.e Ihall not be entitled or allowed to enter an appearance to any luit or luiis in laid Courts, mem not ro 
and the fame proceedings ihall be had thereon as in all cales wnereno appearance is enter- be entitled 
vd, to law doth belong. Provided neverthelejs, That this act ihall not have effect until to enter an 
the firft day ot May next. appearance. 

CHAP. Xi. 

An AS to amend an at! entitled " An del to prevent abufes in taking upflray horfes, cattle', 
i'ygs and jheep, and other things," paJJ'ed in the year one thoujandjeven hundred and Jeven- 
ty-jeven ; and t* amend another ait entitled " in ail for making provijionfor the poor, and 
other purpofes," pafj'ed at Newbern, in one thoujand Jevcn hunared and Jjventy-Jeven. 

WHiLtit-AS it is reprelented to this General Alicmbly, that in many counties in this 
(late the rangers have receive! that proportion ot the value ot drays from the taker 
up, which according to the direction ot the above recited act, the taker up fhotild have paid 
to the County Trealurer ; and there being no law to compel fuch rangers to account for 
and pay fuch funis over to the County Tniltee : For remedy whefeof, 

I. Be it enaiied by the General affembly ot the Jiafe ot tiorth-Carolina,and it is hereby en- 
tiled 'by the authority o> v the Jame, 'that wherever it can be made appear that any ranger Duty Bf 

or any perfon acting as deputy ranger, has received or Ihall hereafter receive any filths of county 1 ruf. 
money, which by virtue ol tiie aoove recited act ought to have been paid by the taker tip to lcc » ^ Cv 
the County Tr^afurer, it Ihall be the duty ot the County Trulteei and lie is hereby autho- 
rifed to call on fuch raager or perfon acting as deputy ranger, for the payment of Inch mo- 
ney ; and on failure ot any fuch perfon to lettle and pay as herein deferibed, he lhali for- 
feit snd pay the fura ot one hundred pounds, and be tuither liable to the luit of the County 
Trultee tor fuch fums as can be proved to have been paid by the taker up of ftrays, over 
and above the ranger's own fees. 

II. ke it further enacted, That it fliall be theduty ofthe feveral rangers within this (fate, dangers to 
to make return ofthe ltrays by him entered, to h.s County Court; which Ihall happen at- make return 
ter the tirlt day ot February, 111 each and every year, under the penalty of ten pounds, to »* ltrays en. 
be fueJ for and recovered to the ufe ol the county by fbe County Trultee, under the direcli- tered, under 

"On of the Couri, before any Jullice of the Peace ; which return the Cleric of the Court a P»'>a!cy. 
(hall copy and deliver ihe fame to the County Trultee; to the end that he may proceed to 
the collection bf the money due; 

III. An I w'.Kreis it does not appear that there is any provifion made in the lafl recited" 
act, to oblige the Warde.s or Overfeers of the Poor at the expiration of the time for which 
thevwere appointed, to fettle with and pny over Inch fums of monies as may remain in 

their hands : For rerfiedy wheieot, Be it enailed'oy the authority aforefaid, That from and Former war- 
after the palling of this act, it ihall be theduty ot the perfons who have been Wardens of dens of the 
the Poor, to call upon, fettle with and pay over to their fueceffors in office, all monies re- poor to fettle 
maining in their hands unappropriated, which they may have received by virtue of their with their 
appointment as Wardens or Overfeers of the Poor ; and on failure thereof, each Warden fnecenon iil 
fliall forfeit and pay the penally of fifty pounds, to be recovered by an action of (he prefent office. 
Wardens, on motion to the Court of their County, firft giving faid delinquent Wardens Penalty, 
ten days notice of their intention to make fuch motion. 

CHAP. XII. 

An Ad"t to repeal part of the eleventh fetl'-on of an acl of the General Affembly, paffed nt 
Newbern, in November, in the year one thouf and f even hundi ed and feventy-f even, enti* 
tied " An art to amend thejlaple of tobacco, and prevent frauds ." 

I. T3E it ena&ed by the General Affembly of the fate of North-Carolinei, and it is hereby ft& rffpeftl- 
J3 enabled by the authority of the fame. That fo much of the above recited fediion as e( |. 

makes the feveral counties ther-in mentioned liable for tobacco 'which may be cohfumed 

ty fire; be and the fame is hereby repealed and made void. 

CHAP; 



LAWS of NORTH -CAROLINA, 



CHAP. XIII. 

An Aft to compel the owners of flaves to provide proper maintenance for fuch of their Slaves 

as may be rendered incapable of Jervice by recjon of aavancement in years or othervuue. 

T X 7HEREAS it is reprcfenied to this General Affembly, that flaves rendered incapable 

V V ot fervirg their owners from advancement in years and other dilabinty, are onen 

neglected by fuch owners, and by them permitted to go at large and become a common 

nuifance: . 

I. Be it therefore enacled by the General AJJ'embly of the flat e of North- Carolina; and it is 
hereby enacled by the authority of the fame, 1 tiat the owner of every Have v\ ho lhall be ren- 

Wardens of dered incapable of fervice from advancement in years or other difability, fhall provide and 
the Poor to furnifh fuch Have with the ufual allowance of food, raiment and lodging furniihed to ilaves 
provide for in the neighbourhood where fuch flave may be ; and it any fuch flave lhail be unprovided for 
flaves ren- by his or her owner as aforefaid,it fhall and may be lawful for the Wardens of the Poor of 
dC M^ inca ~. ihe county where fuch flave may be, (it the owner of fuch flaves lives in fuch county) and 
pa e of fer- t | 1C y are hereby required to furnilh fuch Have with the food, raiment andlodging'aforefaid 
oTne^Vftof and make a cllar S c °f tne ^ ame to th ? ovvncr °f fuchllave ; which fum fo expended the laid 
ilieir°ownr Wardens fhall and may recover by warrant againft fuch owner before any Juftice of the 
■ cr ,_ Peace, if the fum fo expended exceeds not the fum cognizable before a Jultice by law • 

if fo, then before any jurifdiction having cognizance of the fame. Provided always, That 
the faid Wardens lhall not at the expense of the owner-provide fuch flave as atorelaid un- 
til they or one of them fhall full have given the owner of fuch flave notice to provide for 
and furnifh fuch flave as is herein required, which notice fhall be ferved upon fuch owner 
ten days previous to the Wardens' providing tor fuch "'flave, and fhall and may be iliu'cd 
by any one of faid Wardens, upon information being given to him, and by him directed 
to the Sheriff or any Conftable of the county, who are hereby required forthwith to exe- 
cute the fame, and make return of the fame to the Warden who iffued luch notice or to 
any one of them. 

II. And be it further enacled, That if the owner of any fuch flave fhall be dead the 
Executors executors or admiailtrators of fuch deceafed owner, lhall provide for fuch fiave in manner 
&c. to pro- *f° r efaid, out of the eftate of fuch deceafed owner, and upon failure fo to do, the War- 
vide &c. ^ ens aforefaid 111 all provide for fuch flave as atorelaid, and proceed ag'alnlt fu^ti executors 

or admihiftrators in every refpect as herein directed agaiuit the owner ; or if any fucli 
flave fhall be liable to the direction of any guardian, fuch guardian lhall make the provi- 
fion aforefaid for fuch flave out of the eftate of his ward ; and upon failure the Wardens 
aforefaid, fhall provide tor fuch flave as atorefaid, and -proceed 3gainft fuch guardian iti 
mariner aforefaid ; and fuch executors, adminiltrators and guardians dull be allowed the 
expence of making fuch provifion tor fuch flave in their fettlemenls. 

III. /Ind be it further enacled, That when any luch flave fhall be in a county other than 
~ . . the county where the owner of fuch flave, or the executors or adminiltrators of a deceaf- 
fuch fiave to ec ' owner > or guardian refide, the Wardens aforefaid may remove fuch flave to the ow- 
the owner ner > or t0 the executors or adminiltrators ot a deceafed owner, or to any guardian, at the 
&C, expence of fuch owner, and at the expence of the executors, adminiltrators and guardians 

in fuch cafes. 
2 Wardens IV. And be it further enacled, That any two of the Wardens of the Poor, fhall have 
tohavepow- power and authority to carry the foregoing provifrons into effect. 

er, &c. — : . 

' CHAP. XIV. 

An A3 to Jufpend certain parts of the atls of the General Affembly, peffed in the years 178? 
and 1784, relative to the office of Martin Armflrong, kept in Nafhville, and to direii and 
limit the manner of iJJ'uing grants on military land warrants, and warrants iffued from the 
late office of John Armflrong ; and to appoint a Board op Commiffieners for rhe Jurther ex- 
amination of frauds committed in the Secretary's-office. 
I. TJE'iV enacled by the General AJJ'embly of the flute of North-Carolina, and it is hereby 
J3 enacled by the authority of the fame, That fo much of an act of the General Alfem- 
bly, palled in the year one thoufand feven hundred and eighty-three, entitled " An act to 
Siifnending amend an act for the relief of the officers and foldiers of the continental line, and for other 
claufe. purpofes,"as doth or may relate to the appointment ot Colonel Martin Armflrong as Sur- 

veyor of the lands allotted and referved for the officers and foldiers of the continental line 
of this date, under the faid act, palled the thirteenth day of April, one thoufand feven 
hundred and eighty-two, be and the fame is hereby fufpended as to all operation thereon, 
until the next fellion of the General Adembly. 

II. And be it further enacled, That fo much ot an act paffed in the year one thoufand 
• ,. feven hundred and eighty-four, entitled " An act to amend an act entitled An act tor 

up t a the relief of the officers and foldiers of the continental line, and for other purpofes," as re- 
lates to the office of Col. Martin Armflrong, being kept in the town of Nafhville', in the 
county of Davidfon ; and fo much of faid act as is contained in the firit and fecond fecti- 
ons thereof, be and the fame is hereby fufpended until the end of the next feflion ot the 
General Affembly. III. And 






LAWS of NO R-T H-C A R O L I N A. 



»7^- 



III And be it further enacted, That three Commimoners be appointed by joint ballot 

Sail form a Board, and dull m.et 1.1 uw i*y uj Aaleiga -,^ ; .^» *£fr* !«* ^V"" 
ftall continue to fct ninety da,s it up uatjuo o.t me ouaneu mail in laeu jud^u-ut .re. 
quire the lame, and the i/id Jouunnifoucrs may adjourn rrom u*c to tunc a, m.y ma 
Ek proper! until tn-y let ,.u ta.i mne ot ety day, a, aiorcuid, U tne bdii.u,, mouid 

'Tv' And be it further enafied, TnattheBoardwi.cn fo commenced, mail proceed 
further to investigate tne .ran U tug^tci to uk: Ml .o.mmticd tu tne Oecr,..ary s-odice How „ pr0 . 
in obtaining land warrants for mtu^y terv.^s, and m ootaunng warrant nom.no o h.c ceea , 
lately kept by J dttri Armstrong, and ill obuumug grants on warrants meaner ot tne above 
cafes- and on nun exa.mn.faon antt mlcov^i any iKutta committed, to report the 
La fact with the name ot tne perlbn or pylons- concerned, to me Uovernor ior tne 
time being, who is directed today the lam, before the Attorney or aolicuoi-oeneral o 
the ftirte, Jrhofo duty it lhail be to take the nectary order, t.e^on, for tne purpose ot 
bringing to jull.ee fuch perfons as may have been guitly 01 any or tne aoove nauds lug- 
gelled to have been committed. , ,,.,. , , 

V And be it further enured, That the Board of Commiihoners hereby eftabl.ihed, and 
their Glerk to be by mem appointed, Ih'ali receive tne U<« eompeiHAPson tor thesi icrvi- Allowancei 
ces as were allowed tne late Board ot Enquiry ettaoliliied by an act oMhc lalt General Al- 
fembly for the inveft'igation of frauds fiirggettcd to nave blccn commuted m the oeoeuiiy s- 

' Vl' And be it further enacled, That it fltat] be the duty of the Secretary to lay before 
the Commuhouer:. an accurate lilt ot all grants lifted on miinary tana warrants, and on Secretary 3 
entries made in the office lately. kept by jonn Armurong, reciting in laid Hit ihe number duty. 
hi the' warrant or entry and tne name 01 the grantee, ior whiv.n labour and expence the 
Secretary lhail be allowed by the next GeneraJ Ademuly. 

VII. Andbe Ujurther enabled, That tne Secretary be and he is hereby direclqd not to ^ _ .^ 
illue any grant or -.ants upon any warrant obtained from entries made in the oijice 01 Jt &Cm 
the Fate John Armstrong, or upon any military warrant which in either eale uiay bo deem- * 

ed fraudulent by the laid Commilliojiers, or wiicn in the opinion ot- the laid Commuhou- 
ers any proceedings relay ve to the obtaining the laid warrants or, in uiasaiig tne lurvey 
have been illegal. 3 Grants not ro 

VIII. And be it further enabled, That no grant ft all be made or iflucd on any ot the iHuebut up-' 
faid warrants or entries until ttic Boaid of Commiihoners ihaii meet, nor then u^on any on warrants 
but fuch as lhali appear to the laid Commiihoners 10 tiave befcn icKUiiy obiaincd, Mini prw- legally ob- 

1 J ' t { " i * 

perly furveyed and returned agreeably to law. 

IX. Andbe it further enacted, 'i hat no warrant (hull be illued by the Secretary until No warrant 
the General AHembly lhail make provilion tor that p urpofe. to i Hue until 

CHAP. X\'~ 

An Act t» repeal an at! entitled " .in at} ior tlajfirig of the Jujiicis for the purpofe of hold- 
ing the County Courts of Pn'aS and .^.turu-r-ocjn,iii in thisjtute'." 
I. T)E it enaitcd by the General tfjjcmbiy of thejitife of i>„rlh-Cart,i.nu, utid it is hereby A<ft repealed. 

I » enacted by the authority 'of ti.-e fume, I'hji't the bttoic recited act and cv civ ciauic 
and p.irt thereof, as tjru.- r lutes txj c'laTliiig |iilt;ceb, U nttreby repealed and made void. 

C id A P. XVI. 
An A3, to authorijc the furrender of certain lands in the county of Wilkes, and other purpo- 

fes therein mentioned-. 

WHEREAS it appears to this General Allembiy that Hilliar Rouileau and Company, 
have (ignihed <heir wilh to furrender a quantity of land in the county ot VV likes, 
which hind the faid Compary have entered and hiivenot obtained grants tor the iame ; 

I . Be it therefore entitled by the General /'ffembly ot the ftatc of i\ortb-L-arolina, and it is „ , 
hereby enacted by the authority if the fame, 'that whenever the laid liilliar koulieau and ex crated 
Company, (hall by themfelves or their agents furrender to the Hate of North-Carolina, fix when the 
hundred ihoufand acres ot land in the county of Wilkes, and have the fame recorded in the lands are i'ur- 
Secretary's-omce, then the Entry-taker ot the county of Wilkes and his fccurities fhall rendered to 
be exonerated from the payment of thepurchafe money due to iheTreaiury in conlequence theltate. 

of fuch entries being fo made. 

II. Be it further enacled, That any entry which hath beGn made on the land*fo fur- 
rendered or which ftali be hereafter made before the firft day of April ntxt > on the land Entries made 
aforefaid, fhall be void. Provided, That this aft fhall not effect any fuch entries upon vu ' d > &c- 
which grants have illued, or tor which the purchafe money has been already paid into the 
Treafury. 

III. Be it further enabled, That it fhall be the duty of the Entry-taker of the county 

- of Wilkes, on the fecond day of April next, to open his office for the land fo furrendcred, Entry. ra- 
for the reception of entries to be rcade on faid lands ; and after opening the office as a- kei's duty 

C forefaid, 



lo _^^ LAWS of N O R T H-C AROLINA, 

1798. 

v— v ^-' 'forefaid, any perfon wifhing to enter the land aforefaid, (hall produce to the Entry-taker 

aforefaid, a certificate letting forth his location of fuch entry ; and where two or more 

perfons thall locate the fame piece of land, and offer their locations to the Entry-taker at 

the fame time* then the laid claimants Hi a 1 1 call lots, and the perlon who fhall have the 

choice thall make' the firft-erttry. 

Claimants jy And be it further enacled, That nothing in this aft fhall exonerate the claimants wh* 

'lands'not ex ma ^ enter tne ' an ^ aforefaid, from paying the purchafe money into the Public Trcafiry 

•nerated, ^. agreeably to law. 

CHAP. XVII. 

An Aft granting the Tufcarora nation of Indians two other Commifjionfrs in addition to thofe 

now acting for them, 

WHEREAS the'Chief of the Tufcarora nation of Indians have made it appear to 
this General Alfembly By petition, that it is indifpenlably neceffary there ihould be 
two other CommifTioners appointed for them in addition to thofe now afting, and have 
recommended as their choice William Williamsj of Martin, and Samuel- J ohnfton, jun. 
of Bertie county,' for thatpurpofe ; 

I. Be it enabled by the General Affenbiy of the fiat e of 'North-Carolina, and it is hereby en- 
Comroiffion- ailed by the authority of the fame, That the faid William Williams, of Martin, and Sa- 
ers appoint- rnuel Johnfton, jun. of Bertie county, are hereby vetted with the fame powers and uutho- 
c °° rities with the -Commiffioners before appointed lor the Tufcarora nation of Indians j and 

from and after the palling of this aft (hall be confidered as Commiilioners'tb aft for them 
in addition to thofe' now afting ; any law or ctilteth to the contrary nbtwtthftanding. 

~~~ CHAP. XVII'L ] ~ 

An Aft for regulating ordinaries, houfes of entertainment, dr.d retailers of fpirituous liquors 

by thefmall meajure. 

I. T> E it enaclea 'by the General AfJ'embly of the fate of North-Carolina,' and it is hereby 

Retailer* to J~) ena ff- et t by the authority of the fame, That all perfons hereafter retailing liquors 

e -.* ea c fhall fell the fame by fealed meafures, or fuch other meafures as lliall at leaft contain the 
mcaiureSt ,- ,. J t . . , r . . 

full quantity pretended to be (old. 

II. And be it further enacted, That any peffon by applying fb'the Coiirt of the county 
Court to ' n which fucfi perfon dwells, and praying a licence to keep an ordinary, may at the difcre- 
graut licence tion of fuch Ceurt be ordered to have a licence for the purpofe aforefaid, unlefs it fhall 
—the applih appear to the faid Court that the perfon fo applying is a'pcrfon'of grofs immorality, or at 
cant giving fuch poor circumftanccs and (lender credit, that they think him or her'no't able to comply 
bond. with the intention of this aft. And on granting fuch licence, the perfon who applies (or 

the fame fhall produce one or more fecurities to the faid Court to be by them approved, 
!who fhall before the licence be made Out, join with him 'or her in a bond of the follow, 
jng tenor, to'witi , , • . . , 

T 1 f th 1^ NOW a '' men *>>' tne '' e prefenb, that 'we A. B. and CD. are held and firmly bound 

borid'requir 5 - '■*^- to ' '/Governor of the (fate of North-Carolina, in the Aim of Orie hundred 

ei j pounds current money of the (fate, to be paid to the faid or his fucceffors in of- 

fice ; to which payment well and truly to he made, we bind ourfelves and every of us, 'our 
and every of bur heirs, executors arid adminiftrators, jointly and feverally firmly by thefe 

prclents. Sealed with our feals and dated the day of — — . 

THE CONDITION of the above obligation is fuchj that whereas the above boundett 

A. B. hath obtained a licence to keep an ordinary at '- \ tf therefore the faid A. B". 

doth conftaritly find and provide in his or her faid ordinary* good and wholefome diet and 
lodging for travellers, and liable, fodder, corn and pafturage tor their horfeSj for and du- 
ring the term of one year from the day 6f , then this obligation to be void, other- 
wife to remain in full force ; and in cafe of breach of or not complying with the conditi- 
on of the faid bond, it fhall and may be lawful for any perfon in the name of the Gover- 
nor, to fue for and recover the penalty of the faid bond, and apply one half thereof to hi i 
or fier own life, and the other half to the ufe of the ftate. 

III. And be it further enacled^ That when fuch bond fhall have been given, the Clerk 
Licence to of the Court fhall prepare a licence and (ign the fame, which licence Ihallcontinue in force 
continue in one year and no longer ; and the faid Clerk ihall receive the fum ot eight (hillings for his 
iorce 1 year, own ufe in full for his fees and ftrrnifhing a copy of the tavern rates ; and every perfon 

obtaining fuch licence fhall pay to the Sheriff of his or her county at the time of paying 
public taxes, a further fum of forty (hillings', for the ufe of the ftate. 
.. IV. And be it further enabled. That if any ordinary keeper fhall entc-rtain fervants of* 

urc inary fl aV es againft the will of their owners, or common failor's againft the direftion of the maf» 
to entertain ter ' °f ve 'Te' s to which they belong, every ordinary keeper fo offending, fhall and may by 
common fail- 0|- der of the Juftice before whom fuch offence (hall be proved, be from thenceforth fufpen- 
ort ic (lives. ^ed an ^ difabled from keeping an ordinary, as if he or (he had never obtained a licence for 
that purpofe. and fhall be further fubjeft to a fine of five pounds to the ufe of the party fil- 
ing 



LAWS oir NORT H-C A R O L 1 N A. i* 

ing for the fame, to be recovered Before any Juftice of the Peace, fubje& neverthelefs to 
an appeal to court as in cafes of other warrants, by either party who may think them* 
felves aggrieved by the determination of fuch Jultice. 

V. And be it further mailed, That the julticcs of each county thall once a year or of- 

tener if neceifary, at the tuft Court to be held alter the tint day ot January, ia each year; J c * s ttt . 
rate the prices of liquor, diet, lodging, fodder, corn, provender anu palturage to be taketi '^* }-.' ^^ 
by ordinary keepers in their refpectivc counties ; and every ordinary keeper lhall within ^ c . once a 
thirty days after fuch rates are fettled; caule the fame to be let up in the common enter- y ear# 
taining room of fuch ordinary* and there kept until the rates are again altered ; and on 
failing l'o to do, (hall forteit and pay the fum of twenty pounds to the ufe ot the county 
wherein fuch oifence may happen, to be recovered before any Juftice ot the Peace of the 
laid county, fubjecl neverthelefs to an appeal as In other warrants. 

VI. Jndbc it further enabled) That no ordinary keeper fhall fell or credit liquors to a- 

ny perfon to a greater amount than five pounds, unlels the perfon fo credited lign a book Ordinary 
or note in the prefence of one or more witneffes in acknowledgment ot the lain dtbt, un- keepers net 
der the penalty of lofing the money fo credited ; and in any action brought for recovery of toi el ' on cre - 
fuch deb), the general ilfue may be pleaded and this act given in evidence. Proviaed never. "' " r ,nore 
tleiefs, That nothing inthisaci contained lhall be conitrued; deemed or taken to prohibit ' ' 
or reitrain any perfon to fell bv retail, brandy or other ditthled (pints, the production bl hit 
own farm, by the quaVt or a greater quantity. . 

VII. And be it further enacled, That every perfon who intends to retail fpirituous li. Per "> n3 'n* 
qtiors without applying to the court tor a licence to keep an ordinary houfe ot entertain- c " .'"£ 
inerit agreeably to the directions of this ad, lhall annually at the time of giving in his or her i _' a '"'! * 
lift of taxable property fignity the fame to the Jultice ot the Peace authorifed 10 take fuch t) ^ [ ' apl) j v . 
lilt, Whdfedutyii fhall be to report the fame to tf.e Clerk ot the court; defignating the fame; mg for a li- 
And all perfons fignifying that he or ihe intends to retail fpirituous liquors by the fmall cence, tofig- 
irieafure as aforefaid, (haPl pay the Sheriff of the county wherein he or fhe relides; the fum mfy the fame 
of forty-eight (hillings for the ufe of the ftate; for one year. to a Jultice. 

VIII. And be it further enabled, That any perfon obtaining liberty to retail fpirituous Not m f e jj to 
liquors as aforefaid, and (hall fell to (laves without a permit from his or her owner, or lhall flaves without 
keep a difdrderly houfe, he or (he fo offending On conviction thereof before any J ultice of a permit 
the Peace, fhall forfeit and pay the fum of five pounds lor each and every offence, to be from their 
recovered hefore a Juftice ot the Peace, one halt to the ufe of the perfon luing lor the lame, owners. 

and the other half to the ufe of the county where fuch offence was committed: 

IX. And be it further enabled, That any perfon undertaking to fell fpiritubus liquors Perfbns rS- 
by the fmall meafure, or by any other ways or means Where the quantity is lefs than a quart, tailing «»H« 
and receive pay for the fame, not having a licence or lilted himfelf as aforefaid, fhall on ° u * ','?"," *"» 
conviction thereof forfeit and pay forty-eight lhillings for the ufe of the Itate; to be reco- *~^. 1 Lt l \ ° 
vered before a Juftice of the Peace, and be further liable to prefentmenf'or indidtment tor 

the fame offence. 

X. And be it further endiicd, That all adls and parts of acts coming within the purview Repealing 
ofthisacl, be repealed and made void... chiufe. 

~ C H A f. XIX. 

An Act for the prevention of vice and immorality by fuppreffitig exceffv: gaming. 

WHEREAS the practice of gaming is productive ot tdlenels^ diliipation and depra- 
vity "of morals ; . . 

I. Be it enabled by the General AfJ'cmbh of the fiaie :f North-Carolina, and it is hereby 

enafted by the authority of the Jat/u'j That all monies exhibited for the purpofe of alluring Monie» ftafc- 
perfons to bet againft, at any game ; and all monies actually Staked or betted whatlbever ; e rt liable to 
and all fpecies ot other property, (hall be liable to be feized by any Juftice or Juftices of to be feized. 
the Peace, or by any other perfon or perfons under a warrant from a Juftice of the Peace, 
Wherefocver the fame may be found ; and all fuch monies fo feized fhall be accounted for 
and paid by the perfon or perfons making the feizure, to the Wardens of the Poor of the 
County wherein the feizure fhall be made, and applied by the faid Wardens in aid of the 
poor ta :, deducting thereout fifty per centum upon all monies fo feized, to be paid to the 
perfon or perfons making the faid feizure. 

II. And be it further enabled, That all gaming tables of what hame or denomination (~:j, IIlir „ t *~ 
they fhall be called, are hereby totally forbidden to be ufed in this ftate by any perfon or bl e s forbid- 
perfons whatever. And all Julticcs of the Peace, Commiflioners of Police, Sheriffs of d en . 
Conftables, are hereby authorifed and directed in cafe of information made to them; to 

feize and deftroy the fame, by every mean in their power. 

III. And be it further enabled; That any perfon whatfosver who fhall fuffer the game p cr f ot|S f u fj 
of Billiards, or any of the games played at the tables commonly called ABC, E O, or f er j ng t j, ein 
Faro Bank, or any other gaming table or bank of the fame or like kind, under any de- to be ufed in, 
nomination whatever, to be played in his or her houfe, or in a houfe of which he or (he their houfes, 
hath at the time the ufe or poftcffiony fhall for every fuch offence, forfeit and pay the fum fubject to a 

of fine of ] qoL 



» 



fa 



LAWS of NORTH -CAROLINA. 



1798. 
ii—^^/ of one hundred pounds, to be recovered in any court of record, by any perfon fuing for 

the fame. 
Oppofing IV. And be it further enabled, That any perfon who fhall oppofe the deftruiftion of any 

their dettruc- of faid tables, or the feizure of any fuch monies as above defcribed, by any perfon or por- 
tion qv the f ons f al ,tliorifed to make it, lhail be liable to a penalty of five hundred pounds, to be 
ieizure pi recovered in any court of record, for the ufe of the ltate, and fhall be further liable to the 
P ' 1 !" ' la - action of any party grieved by fuch oppolition ; and any perfon or perfons who ihall take 
% > '* ble to or carry away any part of the faid money after the faid feizure lhall be declared, ihall be 
■ ' guilty of amifdemeanor, and liable to be indicfed or prelented therefor, and on conviction 
To be civen ^ ne ^ at tne difcretion of the court trying the fame. 

in -charge to V- And be it further enacled, That it lhall be the duty of the Judges of the Superior 
the grand- Courts and Juftices of the County Courts, to give this act in charge to the Grand-Jury, 
jury. at the time when fuch Grand-Jury lhall be fworn, 

VI. And be it further mailed, That where any writ fhall iiTue from any court whereby 
When writs any Sheriff or other officer ihall be commanded to take the body ot any perfon or perfons 
idiie, Sheriff to ar.fwer to any fuit brought for recovery ot any forfeiture or forfeitures ariling under any 
or other offi- penal Itatute of this ltate, fuch Sheriff or officer ihall take bond with two fufficiem fecuri- 
j 6 ' '1° & l ' €S > in double the fum for which fuch perfon or perfons lhall be held in arreit, and ihall 

0,1 ' c " return fuch bond with the wm ; and in cale any Sheriff fhall fail or neglect to take fuch 
bail, or the bail be infufficient on exception taken and entered the, fame term to which 
fuch procefs ihall be returnable, the Sheriff or other officer having notice thereof, he ihall 
be deemed and (land as fpecial bail : And the faid bail bond lhall be endorfed by faid offi- 
cer in the mode preferibed by law for alignment ot bail bonds : And the faid bail lhall 
be fubjeft to the fame rules, and liable in the fame manner as bail taken in civil cafes ; 
any law, ufageor Cultom to the contrary notv/iihltanding. Provided neverthctcjs, That 
Provifoes. this act as it may refpect Billiard Tables, fhall not have effect until the hrtt day ot April 
next. And provided aljo, That this aft fhall not extend to or preclude horfe-rachig. 

CHAP. XX. ' 

An Aft to authcrije and dircS the Commiffioner of Arrears to jell the lot number eighty-tun 

in the toivn of Hillfborough. 

WHEREAS the lot number eighty-two in the town of Hillfborough is the property 
, of the ftate, and the houfe thereon in a ruinous htuation ; 
I, Be it enacled by the General Affembly of the Jlatc of North Carolina, and it is hereby 
enacled by the authority of the fame, That Henry Sheppard, Commillioner ot Arrears for 
o.mmi ion- t j )e (ji^ r i^ s f Hillfborough and Fayettevilie, be and he is hereby authorifed and required 
cr I. , ^\1 to fell at public fale to the higheit bidder, on twelve months credit at the markeuhoufe in 
c. Hillfborough, on fome day of the Superior Court which ihall be held for the faid diftrief, 

in April next, the, lot number eigfcuy-two with the improvements, he the faid Henry Shep- 
pard advertifmg the fame. in the Halifax paper, and at the court-houfe in Hillfborough, 
at lead forty days previous to the fale. And the faid Henry Sheppard is hereby required 
to take bond with lufficient fecurity, payable to the Governor tor the time being, and his 
fucceffors, for the ufe of the ftate ; which bond fhall be lodged with the Trealurer .with- 
"in lixty days after fnch faie. 
To execute a jj_ And be it further enacled, That the faid Commiffioner of Arrears ihall as foon as 
deed in tee- t ^ e [3 0n[ ( ; s executed for the purchafe money as aforefaid, make and execute a deed in fee 

ip fimple for faid lot and improvement to the purchafer thereof. 

All wance ^ •"' -And be it further enacled, That the faid Commiffioner for his trouble and expencc, 

fhall be allowed five'per centum on the amount of the fale of faid lot ; which allowance 
fhall be made him in the fettlement of his public accounts as Collector of arrearages. 

~C HAP. XXI. 

An Aft requiring the Secretary of State to enter into bond for the faithful performance of 

his duty. 

I. T3 E it enacled by the General Affembly of the Jla/e of North-Carolina, and it is hereby 

JLJ enacled by the authority of the fame, That the Governor for the time being, be and 

Governor to he is hereby required within one month after the ratification of this aft, to demand and 

receive bond receive from the prefent Secretary of State a bond and fulHcient fecurity in the fum of ten 

from the Se- thoufand pounds current money of the ftate; which bond fhall be taken in the name ot, 

tretary. anj payable to the Governor for the time being, and his fucceffors in office ; which bond 

lhall be as follows, to wit : 

KNOW all men by thefe prefents, that we A. B. C. and D. are held and firmly bound 
unto . •, Governor of the ftate of North-Carolina, and his fucccifors in offico, 

form ot tne ■ r c r \, a. l- l >i j i . 

bond reaui- ,n ' ' current money ot the itate ; to which payment well and truly to 

red be made, we bind ourfelves, our heirs, executors and adminiftrators, jointly and ieveral- 

ly, firmly by thefe prefents. Sealed with our fcals, and dated the day of — . 

THE CONDITION of the above obligation is fuch, that whereas the above bounden 
A. is conftituted and appointed Secretary of State for the lUte of North-Carolina ; if 

therefore 



LAWS of NORT H-C A R O L I N A. 13 



1798. 
therefore the fakl A. fhall well and truly execute anil difcharge the duty of Secretary of ^— y — ' 
State in all calcs agreeably to law, then the auove obligation 10 be voiu, oihciwile to re- 
main in full torce and etted. Depofited in 

II. And be it Jurther enabled, That the faid bond when executed agreeably to the inten- li, f J r 7 - f nr " 
tion ot tins adt, ii-all be unjoined m Hie '1 1 calmer s-ofhce lor ih'e ik.it kstpii g thercot. " s-oflice. 

III. Arid be it jurther enuiied, That 11 lhall be ilit uuiy 01 each ai.u tvny dtcretaiy of Stt'rj. toen. 
Slate hereafter to be appointed, belore he enters on the ooiy ot his otiict, to enitr ii.io bono leriuto bond 
as aloreUid, to iaKe the oatMS required by government, ai.u alio tlie oaili ot office, to wit: belt.re lie en- 



tice of Secretary ot biaic tor 1 he Hate ot- North-Carolina, curing my Continuing in ofhee, u " l > •" " ,s 
according to law. . i,U HUP Mt GOD. ofhee, &c. 

IV. And be it jurther enabled, That any perfon injured or aggiievecl by the Secretary of Perforisinjn. 
State ii> vinue ot his orhee, may bring iuit on the laid bond wnliout any allignnvelit there- jured may 
on by the Governor, in any court 01 record within this itate. Bring iuit; 

CHAP. XXII. 

An Act to amend an aEl faffed in the year one thoujand feven hundred and ninety, entitled 
" An aft empowering the bounty Courts or t teas end %uarter-Scj/ions to direil the Secre- 
tary of State to corretl certain patents or grants therein dejeribed, when there pall have 
been error in the Surveyor in making returns, or in the Secretary in ijjuing thejame." 

WHEREAS many inconveniences are found to arile from lo large a number as a ma- 
jority of the adting Jtiltk es of a county being required to be prefent at the trial or 
petitions originating under the before recited adt, and the greateit injuftice frequently 
done the petitioners from their being obliged in all cafes to pay the colts, though tfie'fe 
may be oppofition : F©r remedy whereof, 

i. Be it enacled by the General Affembly of the Jlate of North-Carolina, and it is hereby en- 7 or a rnajio- 
acled by the authority of the /ami) That from and alter. the ratification ot this adt, feven, nty 01 acnng 
or a majority of the acting J ultices ot the Peace in any county ot this Hate, who (hall not Jtdlices fiff- 
be connected with the contending pnrties eillitr I y affinity or cbrtlanguinity, fhall be con- " c . ient tocdri- 
fidered a fufficient number to conltit'ute a quorum; to hear and determine on all petitions ,luutc a 1 uo * 
authorifed by the before recited adt. 

!?. And whereas the adt before referred to doth not provide that titles, deeds and other 
ii;!lrumcntj made and executed tor the conveyance ot lands by the late lords proprietors 
of North-Carolina', or their proper agents, or by Henfy E. M'Culloch, Arthur Dobbs, 
Murry and Company, or their agents, fhall be amended when error may have happened: Courts to 
For remedy whereof. Be it ensiled, That 'from and after the palling of this adt it lhall and lake cogiii- 
may be lawful for the fcveral County Court* within this ftate, oh the rcprcfentation of the zmtie 6t ii- 
original grantees or their legal rep'refentativct or affigns, to take full and complete cognizance r ' es i & c - a,, d 
of all fuch titles', deeds or otherconveyances for lands lying within their refpedlive counties, carrecl er- 
tnade and executed by any of the aforefaid pe'rfons ; and if it uppeareth to them that er- lor * 
ror hath been committed either by the Surveyor in platting faid lands, or by the grantor 
in executing faid titles, they fhall be empowered through their Chairman to correct faid 
error or miltake ; which faid amendment when made by the Chairman, lhall be confidered 
good and valid, and atufled and cdiinlerfigned by the Clerk ot the Court, and a full and 
complete copy thereof entered on the records and ordered to be regiltered. Provided a!- Provifo. 
ways, That the requifites incumbent on the petitioner as let forth in the before recited act. 
previous to hearing of his petition, fhall be (tridtly attended to as to all petitions originat- 
ing under or by the authority of this act, except as to the number of Juftices neceffary to 
hear the fame. 

III. And be it further enacled, That in all determinations hereafter made on fuch pe- • ... 
titions where any perfon or perfons may have made or lhall make him or themfelves a ratrvfjiTirt'g 
party or parties to prevent the prayer of the petitioner or petitioners being granted, the li> P ay c6 " 5 " 
party failing or caft (hall be adjudged to pay all legal colls and charges, which are hereby 
declared to be the fame as in all other civil fuits originating in faid County Courts, whete 
the boundaries of Land do not come in queftion. 

CHAP. XXllI. 

An Adt to prevent fuits from abating by the marriage of Feme fole plaintiffs. 

WHEREAS according to the principles of common law as it now flands, fuits brought 
by Feme foles abate by marriage of the plaintiff, whereby they ar§ often delayed 
and fometimes deprived of their juft rights : Fot remedy whereof, 

I. Be it enacled by the General Affembly of the flute of North-Carolina, and it is hereby 
enacled by the authority of the fame, That no fuit now pending, or v hie h may hereafter be 
brought in any Court of Law or. Equity fhall abate on account of the plaintiff's marriage ; ?n " s " ot ter 
and it (hall be lawful for the hufband of any woman having a fuit depending to make him- aliale « 
felt a party thereto, or. motion at the next or fucceeding term after his marriage ; and the 

fuit 
D 



.1.4 



LAWS ok N O R T H-C A R O L I N A. 



* — y^— ' fuit ilia.ll afterwards be carried on as it he and his wife had been originally plaintiffs ; any 
law, ufage or cutlom to the contrary notwithltanding. 

11. And be it further enacted, '1 hat when application is made by ar.y pcrfon who has 

Hufband lis- married a Feme lole plaintiff, to be plaintiff in the prolccuiion ot any inil brought by kls 

ble lor colts vvife before marriage, it ihali be the duly ot the CleiK ot laid Court totakebond and fcou- 

iif iuit. r j t y ror t fj e payment of the colls in like manner and tornt as is uiual in other cales ; and 

in cafe Ot failure to profecute with effect, the laid hufband and Ins ieCuiitics (hall be held 

and deemed liable for the payment of colts, in the fame manner asothcr plaintiffs who li:.ve 

failed to profecute, and lhail be ftibjeded to the lame'writs of execution ; and upon laid 

bond being executed, the fecurity originally given foi die piolecuiion of the fuit (hall jc 

difcharged from any liability thereon. 

€ H A ; P. XXIV. ~~ 

An AtEf, to amend the fecond feci ion of an ail pnffed at FayetteviUe, in the year one thoitfand 
(even hundred and eighty fix, entitled " An ait to compel certain officers therein Mentioned 
to publilh the application of public monies and allowances fir injolvehts," 
1. T) E // enaCied by the General Affcinbiy oj the. flat e oj North-Carolina, and it is hereby 
Xj enacled by the authority of the Jame, That trom and alter the palling of this act, it 
Duty of fhall be the duty ot the feveral Clerws in this dale, in their Uatemcnt ot taxable poperty 

Clcfks. required by the fecond fecfiou of the betore recited aft, to be polled up in their rt fpec.fi vc 

court-houfes, to add to each perfon's taxable properly the amount of the tax for which ne, 
flic or they may be liable ; any law, ufa^e or cultom to the contrary notwithstanding. 

. ^ ^ A P. XXV.' ~ ~ 



An A£t giving further time for the rcgijhring grants, proving deeds end mefne conveyances 

which have tut been proved and rcgijhred within the time heretofore appointed by law. 
I. TJE it enacled by the General Jffcmbly of the Jiate of North-Carolina, arid it is icreby 
Time allow- £j enacled by the authority of tie fame, That all -grants for lands which have not been 
ed for renir- regiltercd wiihm the time hereiofore appointed by law, fhall and may within two jears 
teringgrants a(ter tne p a (] m g f this act be admitted to regithation, and fhall be as good aild valid as if 
* c * they had been regiftered within the time heictotore allowed by law; 

'II. And be it further enacled by the authority uforcfaid, That all deeds and iriefne con- 
veyances of lands, tenements and hereditaments not already proved, acknowledged and re- 
gillered, ihall and may within two years alter the puffing cf this ait be acknowledged by 
For proviri" ,ne grantor or grantors, his or their agents brattornies, or be pr6ved agreeably to the lav\s 
and acUnow- heretofore in force, or being fo acknowledged or pioved be delivered to the Regiftersof 
ledgiug the counties where ftich lands, tenements or hereditaments are refpe&ively fitnated ; and 

deeds, &c. all deeds and mefne conveyances whatfoever; which ill a 1 1 be acknowledged, or proved ant! 
regiftered according to the direction ot this acf , thall be good and valid, and take effect as 
fully to the life and benefit of the grantees, their heirs or affigns refpectively , as if fuch 
deeds and mefne conveyances had been acknowledged, proved and regiftered agreeably to 
the directions of any laws heretofore made. 

C H A P. XXVI. 

An Aft to amend an aft entitled " An a 51 to empower the feveral County Courts of Pleas and 
^hitirter-SefJions of the Jeveral counties in thisjiate, to order the laying out public roads, 
and to ejfablifb and fettle ferries, and to appoint where bridges fhall be built, and to clear 
inland'rivers and creeks." 

'HEREAS by the before recited aft power is vetted" in the Cohnty Courts to ereft 
public roads, ferries, bridges, &c. and whereas it frequently happens that perfons 
fettle in remote places, where there is no public road leading to and no way to yet to and 
from, other than by croffing other perfons lands, and it is not neceffary toeftablilh a pub- 
lic road, by which means fome perfons have it in their power to prevent others from hav- 
ing a cart-way to and from their own lands ; 

I. Be it en liledby the Gener.il ■Ijfhnbly of the Ji ite of North-Cirolina, and it is hereby en- 
acted by the authority cf theji.me, That from and alter the palling of thisaft, on the pet t - 
Court to or- t j on t an y perfon or perfons to the County Court for a cart or waggon way to be kept 
der the lay- p en acrbfs another perfon's land, urrrefs fuch petitioner (hall make it appear to the fatis- 
uifl oft cart- f ac ^i on of the court that the adverfe party has had twenty days notice ot fuch his intention; 
ws ^ s ' it fhall be the duty of fuch court to caufe fuch petition to be filed in the Clerk's-offieeun- 

lil the next fucceeding court ; at which court the Juftices prefent lhall hear the allegations 
fet forth by the petitioner, and if fulEcient reafon be lliewn, it (hall be the duty of (rich 
court to pafs an order direff iriy the Sheriff to fummon a jury of twelve freeholders, to ir;> 
on the pretnifes and view the fame, and lay off a cart- way not lets than fourteen teet wide 
and affefs the damages the owner of fuch land may fultain thereby ; ami fuch damages With 
the expenceof making the road fhall be paid by the petitioner, and (hal! be kept open for 
Provfli, the free paffage of perfons on horfc-back, carts and waggons. Provided ncverthelefs, That 

any perfon acrofs whole land fuch cart-way may pafs, (hall at the difcretion of Inch pro- 
prietor be at liberty to erect ^atcs or bars r.crofs the fame. II. Arid 



W 1 



LAWS of N O R T H-C A R O L I N A. is 



II. And be it further entitled, That any perlon that fhall leave open, break down, or « — ^ — ' 
|tt.herv\ .lc dultroy any gate or bars that may be erected acrofs any can-way laid orr as a- Fine ior ica- 
lorclaid, Hull on convection theieot loileil and pay twenty Millings tor lueh oitenec, lor Vmg open or 
the ule ot uie perlon lui.ig tor Mc lame', m he lcoveicd beioie any J attiec ot the rcaeaior demoting 
the county whste the offence may be committed. £,**•« or bdi s, 

III, .indOeitjiirtttienucua, 1 nat when any cart-way laid off as aforcfaid for and at 

the requelt 01 a ptlkiuilot or petitioners tor tlie ule as atoielaid, lhall be tree lor tile pal- . -~ Wd '! ° 
Jage ol any perlon or perlons 10 pals. Provided, '1 hat this act lliail not be eoulliutu to . ' ,j. 
as 10 exempt any lueh petitioner or petitioners Horn working on Uie public I0*ds to wlacli w peiloUi> f 
the conn may have directed. 

CHAP. XXVI 1. 7~~ 

An Acl to prejeribe the rejidence of the Governor of this jflaic. 
I. "D- ^ enacted by the general /jjemiiy ot the Jiate oi I\ertt}-C'dr»tnia, and it is hereby 

JL3 enacted by the authority oj the J ante, That i.is Excellency tnc Co»eiuoi oi u.u iiuic, _ 
and every Governor that may hereatter be appointed, liiali mai>.c ti.e cuy oi xwiti^i. i„ui ictiue ai Re- 
place ot common residence during the time tiity continue in cirice ; any Uw to trie eoiaia- i tl „ h# 
jy notwithstanding. Provided, '1 hat the Governor as oilen as u liia.t u^ neceiiaiy 101 lam 
lo bs abicnt trom ihe city ot Raleigh lor any time longer than ten days, lh'all cauie to be Piovifo, 
noahed in one or more or the ncwlpapers or the molt general anu cjiiu.Iivc eiieuiawon in 
the Itaie, the time ot his intended alienee* the place ot his deltination, and that the Gover- 
nor's Secretary lhall eonilanily lelide in the ciiy oi Raleigh during ms auience. 

C H A pT"XXVIII. [~ 

An Act to explain and correct an act entitled '■'■An act to appoint Commiffioners to advertife 
jorjate fcfr fatace and other uuiluings thereunto belonging in the town oj l\ewbcrn, J or the 
uje ot tkejtale." 
"\ ,\l rifc-kLAS it appears to this General AfTembly that by an error in tranferibing the 
V V above- recited act, in the third lection thereof, lot number twenty together witn the 
front thereot, In the town, ot Newbern, is veiled in Richard Dobns Spaight, Etquire, coni 
vrary lo the intention ot the Legillature, which was to have confirmed to ihe laid Rich- 
ard Dobbs Spaight, lot number twenty-eight and front : For remedy whereot, 

I. Be it cnaclcdby the General AJJcmbly of the Jiate of Aorth-L'arotinu, and it is hereby en- _ ..■ 
ailed by the authority oj the Jame, That lo much oi laid be to re recited act as confirms lot . j".- 2 
number twenty with its iront, in Newbern, to Richard Dobbs Spaight, be and ihe lara» is 

hereby repealed and made void. 

II. And be it turtur cnailcd, That lot number twenty-eight with the front thererif, 
be and the fame is hereby confirmed to the laid Richard Dobbs Spaight, agreeably lo the 
intention of the above recited adt. 

C h A l 1 . XXIX. 
An A 51 to appoint Ccmmiff oners to jell the Palace tots in the town of Newbern, for the life of 

thejlate. 

WHEREAS the Palace in Newbern lias been deftfoyedby fire, and the lots appertain- 
ing thereto can no longer be ot uiti to the Hate ; 
I. Be it therefore enaC/ed by ihe General Sffanbly ot thejlate of North-Carolina, and it is CoflimifTion- 
hereby enaacd by the authority oj thejuine, 1 hat John Council Bryan, William Johnlion, ers appoiiit-* 
Lewis Bryan and James Carney, be and lhey are hereby appointed Commiffioners lor the ed to tell the 
pnrpofeot felling ihe laid lots and the b'rkks remaining otitic Palace ; and the faid Com- Palace 1 ots in 
inillioners Or a majority of them are hereby required to give public notice in ihe State and Newbern. 
Newbern Gazettes of the time and place oi faid fale, at leaf! fixiy days previous thereto. 
And the i:ile of the faid lots and bricks (hall begin on the third or tourth day of the next 
Superior Court, to be held for Newbern diftridtj and continue from day to day till ended, 
and thai! be on a credit of one and two years, the purchafers giving bond with fufricicnt 
iecurity tor the payment of one-third ot tiie purcbale ironey at the expiration of one year, 
and the remaining two-thirds at the end of two years ; and the faid bonds fhall be payable 
to the Governor tor the time being, and (hall be lodged in the Treafurer's-office ; and 
the faid Commidioners are hereby authori fed, empowered and requited to giant and convey 
the faid lots to the purchasers thereof in fee-fimple. 

II. And whereas dividing the faid lots into fmafler Ibis would be more convenient to 
purchafers, and tend to inhance the value to the public, Be it there] ore enacled, That the 
laid Commidioners are hereby required and empowered to lay off a (lieet through faid 
iquare, by continuing George- flreet through the lame to Fiont-flicct, and that the lots 
On each fide laid flreet when continued, (hall be divided agreeably to the plan sdopted by 
this General Allembly, which faid original plan being filed in the Secretary's-offiee, a co- 
py thereof fhall be delivered to the Commifhoners of laid town, to be by them kept lor the 
information of thofe concerned. 

III. And whereas the faid flreet when continued, tullcrcfs lot number twenty-eight 

and 




LAWS of N O R T H- C A R O L I N A. 



and lot number one hundred and ninety-four, the property of Richard Dcbbs Spaishl ; 
and the faid Richard D. Spaight having fignihed his v, llimgneU to relinguifii ail ij>at pa»t 
pi faid lots which may tail within the lines ot laid ftTeet ; Be it therefore enured, '1 hat 
the laid Commillioners are hereby required to receive trom laid Richard Dobbs .Spaight, 
bis deed ot releale tor ail that part ot lot number twenty-eight and lor number one hundred 
and niiiel'y-tour, whicii may come within the lines ot Georgc-ltreet when continued ; and 
the laid Commiihoners are alio authoriled and empowered to convey to the faid Richard 
D. Spaight, luch part of lot number One hundred and ninety-lis which may be on the eaf- 
lern lide ot George-ltreet and joining lot number one hundred and nii;eiy-tour, the pro- 
perty of the faid Richard D. Spaight. 
CoirnnifRon- IV. And be it further cnacled, That the fai;! Commiffioners b- allowed two and an half 
cis allow- per centum commilhons oh the amount ot the faid fale, to be paid by the TreaUirer. 
an«. —*- - C H A P. " XXX. 

An Ad direding the duty of Sheriffs in certain enjes, as far as refpeils the colleclisr. sf the 
■ . county and poor tax. 

WHEREAS it is reprcfen'ed to this General Alfembly, that at prefent there is no 
law to compel the Sheriffs or any other. perfon togive bond and fuffkient fecurity 
fortne collection ot the taxes atorciaid ; lor the want of w liich, the dotinty and poor are 
deprived of the relict which they fliould have ; 

I. Be it therefore enaclidby the General Affembly of the fiat e of North-Carolina, audit it 

Sheriffs to hereby enacted by the authority o* the J ame, 'i hat trom and atter the pafhng ot this aft, it 

enter into fl, a || ^ c t [, e ll(Jt y t each and every Stieritf within this Itate, who may hereafter be appoint- 

n "■ ed, to enter into bond with fufheient fecurity, payable to the Chairman of the Court of 

Whkh he may be appointed, tor the time being, and his fuccclFors in office, for the duecol- 

leftion and accounting tor the county and poor tax, as well as the public tax^f which faid 

bonds fhall be executed previous to their entering on the execution of their oflice. 

TI. And be it further enafted, That the Sheriifs afore faid fhall be entitled to the fame 
commrtlions, lubject to the fame rules, regulations and reftrictions in refpeci to their fet- 
Commiflions. tlement of the county and poor tax with the county Treal'ufer and county Wardens, as 
they are in their fcttlements ot the public tax with the Treafurcr of this Itate ; and fhall 
return a lift upon oath, ot all monies by them received on property hot contained wiihin 
the Clerks' lilts, and account for the fame ; any law to the contrary notwithstanding. 

~ , , CHAP. XXXI. 

An Ad\ to amend an aft entitled " Feme coverts how to pnfs lands." 

WHEREAS doubts are entertained whether under the before recited ait, or any other 
exilting law of this ftate, Feme coverts refiding without this Itate, have any right 
to make a power of attorney to any petfon to convey for her the right, title and iniertft 
which fuch Feme covert may have in lands, tenements and hereditaments within this (late ; 
I. Be it therefore enatled by the General Affembly ofthejiatc of Nirth Carolina, and it is 
Attornies of hereby entitled by the authority of the fame, That all conveyances which may hereafter be 
Feme coveits made by any perfon under a poweT ot attorney from any Feme covert j-eliding without 
to convey the Itate, by her freely executed jointly with her hufbaiid, fhall be held good and valid to 
lauds. all intents and purpofea to pafs the eflate and title which fuch Feme covert may have in 

fuch lands, tenements and hereditaments within this ftatc, as are mentioned or included 
within fuch power of attorney, whether in fee-firnple, right of dower,- orothcrwife. Pro- 
Trovifo. vided neverthdefs. That every fuch power of attorney lhall be feparately acknowledged 

by t:ie Feme covert executing the fame, and duly proved as by the i^ws now exilting, deeds 
of conveyance by Feme coverts are required to be acknowledged and proved. 

~~ CHA P. XXXH. " 
An Aft more fully to aj certain the duties of the Public Printer. 
... ....... !• T3 E it tnacle-d by the General Affembly of the flat e of North-Carolina, and it is hereby 

Public P r '£*- Jf3 enactedby the authority of the fame, That from and after the firlt day of June nsxt, 
','"* t> , the Puolic Printer lhall on or before the firlt day of each felfion of Aifembly, have at Ra- 

i ■ . Jeigh, a printing preis and apparatus in reaunels to pcrtorm the duties heretofore enjoin- 

° ' ed by law, and fjreh other printing bufinefs as the Gsneral Affembly (hall from time to 

time require ; and fuch printing prefsand apparatus in re'adinefs as aforefafd, and for the 
purpofes aforcfaid, there (ball remain during the fi;ting of the Allemb'y, and after until 
the printing contemplated by law for the uCe of the members of Aifembly, and until the 
printing of the laws and journals fhall be completed. And it dial! be the duty of the Se- 
Setretary of cretary of State to deliver to fu;h Public Printer, complete copies of all the laws, and of 
Srate and ( |, e Clerks of each Houfe to deliver to fuch Public Printer complete copies of the jour- 
Clerks' duty. na | s f c3 ,-h Hoiife, within twenty days after the rife of each General Affembly. 

II. And be it further cnaBed, Thar it fliall be the further duty of the Public Printer to- 
ti'r fl -d " f |,rniln eac ' 1 menaDer " f tne General AiTembly with a copy daily of fuch public acts as may 
«n;".! " pals during the fitting bfeach G°n?rnl AFrmMly. 

ti * hi - V - III. And 



LAWS of NORT H-C A R O L I N A. i? 



1798. 

III. And he it further enabled, That the Public Printer (hall within ninety days after 1 — y — ' 
the rifeot eaon feiiijn n; tne G-srural AiDoibly, have all the Uwsancj journals ot laid lei- Laws and 
lion printed and ready to be delivered as heretofore made his duty by law. journals ro 

, . , . ■ be primed in 

C H A P. XXXIII. fodaji. 

An Act to advance the adminijlrationofjujtue in the Superior Courts. 
I. T5E it tnatled by the General Ajjctnbiy 0/ the fate of North-Carolina, and it is hereby One other 

J3 emitted by the authority of the j time,' Vh:\X in addition to the tour Judges of the Su- Judge 10 be 
pcnur Courts or Law and Equity in mis itate, one outer perfon ot found legal knowledge appointed, 
lhall be appointed by joint ballot of both Houfes of this General Alfcmbiy, a Judge of 
the laid Superior Courts, who lhall hold his office under the fatae rules, regulations and 
reltrictions, entitled to the fame privileges, powers and authority as hath heretofore been 
exercifed, podeded and enjoyed by the judges of the laid Superior Courts. 

II. And whereas it is jnli and right that the Jndgjs of tha Superior C j_rts as aforcfaid, r ac j_ M \ nca . 
'fhould be paid in proportion to the advantages arilingfrosa their fervice and attention ; p A uic of fer- 
_V it therefore further enacled, That when it lhall io happen that any ot the Judges of the v j„g j- or j;* 
Superior Courts as aforefaid, be rendered incapable to attend in dilcharge ot the duties of mouths, noc 
their office for fix months fuccellively, it lhall be the duty of the Treafurer, and he is to receive 
hereby di retted to withhold fuch Judge's pay, and every part thereof, that might be due their falary. 
•after fuch difability, until fuch Judge realfume the duties of his office, or until otherwife 
•directed by the General Alfcmbiy. 

"— CHAP. XXXIV. ~~ 

An A£l to revive and continue in force an ad of the General AfJ'embly, faffed at Newhern,in 
the year one thoufand Jeven hundred and ninety -jour, entitled " An act to cede to the Uni- 
ted States ot America, cert.Hin lands upon the conditions theiein mentioned." 

WHEREAS the time limitted by the laid ati lor erecting fortifications on the lands 
thereby ceded, hath expired ; 
•I. Be it en.iclcd by 'the General ffembh of tire fate of North-Carolina, and it is hereby c.n- _ 
na&ed 'by the authority of thefwie., That fo much of the faid aft as limits the time for erec- . extencI - 
'ting fortifications on the land thereby ceded, to the term of three years, be and the fame 
is hereby extended the further time of five years from fhe palling of this act ; any thing in 
the before recited aft to the contrary notwithstanding. 

C H A P.. XXXV~ 

An Aft to amend the ail cflablijhing an Univcrfity in this Jiate. 

WHEREAS the Truftees of the Univerlity of North-Carolina, have prayed this Ge- 
neral AHembly.to amend their act -of incorporation, fo as to difpenfe with the pre- 
sence of the Treafurerr at their meetings, and to enfure a more punctual attendance of the j 
Truftees.; 

I . Be it enacled by the General Affcmbly of the flute of North -Carolina, and it is hereby en- p re f er , ce f 
•acled by the authority of the fame, That at the meetings of the Trnltees of the faid Uni- Treafurer of 
verlity , hereafter to be held, the pretence of the Treafurer of the Board lhall in no cafe t'he board not 
be necelfary to conftitute a Board for bufinefs. necttlary. 

"II. And be it further enacled bv the authority afircjaid, That the Truftees of the faid 
•Univerlity may nil vacancies in their Body, with fuch perfons as in tturir judgment will Tmftees may 
'faithfully difcharge the duties of the trtifl repofed in the in, without regard to the place of (*'* vacancies, 
■refidence of the pel Ion frt chofen. 

_____ C~H A P. XXXVI. 

/?#.A£t to-empozver the County Courts to appont Sheriffs in certain c-afes. 
I. ~Ty E it en aft 'ed by the General Affcmbly of the fate of North-Carol'ma, and it is hereby 

JLJ enabled, by the authority of the fame, That whenever the office of ShcrilFin any coun- J" cafe of va- 
ty of this ftatc fhall become vacant by the appointment and acceptance of any Sheriff, of cancy, courts 
^any office or appointment under the authority of the United States, that then and in fuch to appoint 
cafe, it fhall and may be lawful for the Court of fuch county at the next fucccsding term, a P er _°" '■% 
to appoint a fit and proper perfon 10 hold and exercife faid office for fuch county, until ' .'. .i e3 „. 
the next annual election. Provided, That fuch election fhall be held and conducted, and ■ e ] e< rij.. 
the officer fo appointed be under the fame rules, regulations and reftrictions, and inverted 
with the fame powers, and entitled to the fame privileges and emoluments as Sheriffs ap- 
pointed in the common and accuftomed mode. 

rtr-rr -— — jf~X""P. XXXVII. 

An Act authorising fhe regiflration of powers of attorney, and directing the mode inivhich cor- p owerso f at . 

potations may hereafter convey ionds. torney when 

I. "13 E !t enacled by the General /ffemhly of the fate of North-Carolina, and it is hereby jcknowlecfji- 
X-9 enacled by the authority of tie feme, That when at.y tow er cf attorney auilorifirg tc l, l-ay be 
the conveyance of lands, is or lhall 1 e acknowledged by the p eifon v.] o has executed e lepifioed 
fame, or proved by one or mere will ef es on cath, tefeie ii.y Jl dge of tl t Superior within 1 2 

E Court, months. 



iB L A W S of N0.RT H-C A R O L I N A. 



98. 



Court, or in any Court of Pleas and Quarter-Seflions of thecounty where the land lies* 
or ilie power was executed, luch power ot attorney fo proved fc>r acknowledged mav be 

'regiltercd bv the public Regiftcr'ot tlie county where the land lies, at any time within 
twelve months alter the pairing 'of this act ot the date of the laid deed. 

1 1. And whereas perfons fchding indillant Hates frequently atithorife perfons to difpofe 

'of lands in this 'date, and it may be difficult to have the power ot attorney proved or ac- 

„ . knowlcdired as atortfaid : Be it therefore entitled, That any power ot attorney to convey 

Coitrt to or- , in 11 r r r . r 1 • n 1 • u '1 ■", 

, . . 7 j-_ real eitate, executed by any perlon rclicling out ot this State) which is or may be proved 

nation ot or ac -knowltdged betorc the Chief Juftrceor any.Judge ot the couits of fupreme j'urildic- 
• powers of at- l ' on '" ,ne ^ k,e where fuch perfon relides, or in a county court thereof, and duly ceriifi- 
toruey, tlie ca by 'he Clerk of the court, or a Notary or Tabelian Public, (hall upon being exhibit- 
rrquiikes be- <"d to the Court ot Pleas and Quarter-Seflions of the county v here Inch land lies, ot one 
an ji complied ot the J udges of the Superior Court, be orCered to be rcgiltertd, and fhall be regiftcred in 
wiiii. the fame manner as if fuch. power had been proved or acknowledged in open Court of tlie 

county where the land lies. 

HI. And whereas monies are frequently paid and accounts fettled Villi the attornies in 
-fat! ofperf'ons redding' in other 'Kates and beyond lea, and no means have been provided to 
• preferve the evidence of the power ot attorney under which fuch agents act ; Be it further 
Powers of at. e,,a ^ c dy That every power of attorney, the execution ot v\hich is'or 'fhall be duly cerli- 
torney to b= nec * U| wler the feal of the Notary or Tabelion Public, '6r the fealof any Mayor or -prefid- 
recorded and ' n S Magiftrate of any city, or'Clcrk of a court, or duly proved in open Court by the oath 
registered. or a fubferibing witnefs, fuch power ot attorney fe certified and atttittd, upon being ex- 
hibited to any of the Judges of theSupeiior Courts, or in any Court of 'Pleas and 'Quar- 
ter-Seffioris, fliall be recorded, and thereupon the RegHler lhall regiffer the fame, and 
the Clerk for making fuch order and record, and the Regiller for luch rcgift ration, fhall 
receive the fame tees as the law has allowed in like cafes. 

IV. And whereas difficulties have arifen refpecfiing the manner in which corporations 
. convey lands ; Be it further enaclcd, That'from and after the palling ot this a:t it fhall 
orporations Bm | m ^ ^ e | aw j u ] f or ar) y corporation to convey lands by deed ot bargain and fale, fealed 
. ■ / 'with the Common fealof faid corporation, and figiied by the Prefulent or prefiding mem- 
ber, or Truflee of faid corpdratidn and two members, or TTultees thereof, in the pre- 
fence of two vvitnclTes ; and fuch deed when proved in the 'tifual form prefcribed for other 
conveyances for lands, fhall be regiltercd in the Rcgrficr's-office of the county where the 
land lies, in like manner. Provided nevcrthe/efs, That nothing in this ait contained 
Provifb. fliall extend or be conftrued to extend to the admiflion of any power of attorney to regift- 

ry which is figned or executed by a Feme covert, unlcfs lire has acknowledged in the man- 
ner required by law for her palling lands fcparately and apart from her hufband, that fhe 
figned the laid power freely, voluntarily and without fear or the compulfion "of her faid 
hufband dr any other perfon whatever. 

CHAP. XXXVIII. 

An A£l to af certain the Pilotage over Old-Topfail Inlet, and to amend an ail entitled "Ait 
■ acl to a/certain the Pilotage which /hull be allowed the Pilots at Occacoclc Inlet , and the 
feve'ral Sounds and Inlets to which veffels go, -which come in over /aid Inlet.'" 
'i. TJE it'enacled by the General Afjembly of the flute of A'orth-Carolina, and it is hereby j 
Pilots fees -£■* enacled by the authority of the fame, That from and after the pairing of this a£l all 

f"->r bringing Pilots legally authorifed to take charge of vetfels to bring in over Old-Topfail Inlet, 
vellels 111 o- fhall be entitled to demand and receive from the commander of fuch velfel as they may 
verold Top. have had charge of, the fame fum for the pilotage of fuch velfel from the outfide Of the In- 
"ftil- let and into Bogue-Road or Shackleford's-Road at the option of the commander, as is ef- 

tablifhed by a law palled in the year one thoufand feven hundred and ninety-four, for the 
pilotage of vellels of a fimilar fize frOfn the ottrfide of Cccacock Bar into Beacan Iflanl 
Road or Wallace's Channel. 

II. And be it further enacled by the authority aforef aid-, That in future the following 

t- 1. % •j.~ pilotage lhall be allowed and paid the pilots authorifed to take charge of veffels to bring 
ror hrmeine r » . 1 r mini 1 ■ /• 1 

veit-ls in and ovcr ^^ cacoc k Bar and into Wallace s Channel or Beacon Ifland Road, at the option of the 
carrrvinc commander, viz. For any velfel drawing lefs than eight feet water, five filver dollars ; 
litem outo. and for all vellels drawing eight feet water and lefs than ten feet, fix-eights of a dollar 
vcrOccacock. per toot ; and for all vellels drawing ten feet water and upwards, one filver dollar per 
foot, for bringing fuch irerTel from the otitlide of faid Bir, and tip into Wallace's Chan- 
nel or Beacon Maud Road, at the option of the commander of fuch velTel ; and the fame 
pilotage out as in : and that in all other refpects the pilotage fliall remain the fame as it 
is ellablifhed by the above recited aft, palled in the year one thoufand feven hundred and 
ninety-four, hereby repealing only fo much thereof as comes within the purview and 
meaning of this act. 

CHAP. 



LAWS of N O R T H-C A R O L I N A. 



1798 
CHAP. XXXIX. v 



An A£l ts prevent the objlruilion of the navigation of Currituck Inlet. 
I. T> E /'/ enacted by the General AJJembly 0} the Jlate of horth-Carolina, and it is hereby 

JD cnatled by the authority of the. fame, That iroin and atter the ratification of this aft, Where vef- 
it Hull not be lawful for any veifel or vellels palling in or out of faid Inlet, to calt or (cls are 5° 
throw overboard any kind 01 ballad whatfoever, into the channels of faid Inlet, from the ™» < *J heuf 
entrance thereof to Powel's- point, or to Merchants' landing on the norlh-wetl river ; but a " 
that all and every velfel or vellels which ilia.ll pafs or intend to pal's through either of the faid 
channels, having ballalt on board and which it (hall become neceffary to difcharge, {hall 
be compelled to land the lame either on Bett's marth, Avery's marlh, the Narrows marih, 
or at fomc convenient place on land above high water niaik. 

H. /tnd be it further enatled. That every matter, fhipper or owner of any velTcl or Vef- Penalty for 
fel», who (hall hereafter calt overboard or difcharge out of his or their faid veifel, any calting bal- 
kind of ballalt whatfoever, into either of the faid channels leading from laid Inlet to Pow- lalt into the 
cl's-point or Merchants' landing aforefaid, or lhall land the fame at any place within the channels, &e. 
limits of the faid channels, except at land above high water mark, or on the marihes a- 
forefaid, (hall forfeit and pay tor each and every offence the fum of ten pounds current 
money, to be recovered before any Jultice of the Peace for the county of Currituck-, one 
half to the ufe of the perfon who lhall p-rofecute for the fame, and the other half to the ule 
of the ftatc \ and in cafe the laid malter, Ihipperor owner lhall neglect or refufe, or prove 
infufficient to. pay the faid toiieiturc, the faid vefiel-, tackle and apparel {hall be liable for Veflel liable, 
the fame } any law, ufage or cuftom to the contrary thereof in any wife notwithstanding, 
fubject neverihelefs to the appeal of eiiher party who may ,pray the fame, as in other like 
cafes provided by law. 

III. And be it further enacted, That it fhall be the duty of the Juftice befc/re whom Fines how a"c. 
fuch. perfon (hall i^e convicted, to receive of the Sheriff or Conftable who fliall lew the counted for. 
Tame-, that part of fuch forfeiture as lhall be coming to the ftate, and pay the fame into 
the handset the Clerk of the County Court of faid couuljy-aTwl.take his receipt for the 
fame, who fhall account therefor in the fame mamrer as tor other public money which 
•fhall come : into his hands by'vtrtue of his office. 



LAWS of NORT H-C A R O L I N A. at 



1798. 
CHAP. XL o-y-vj 

An Act to encourage the cutting a navigable Canal from Roanoak rive? or the ivaters thereof near 

Hogfiown, to the waters of Pamtico river. 

WHEREAS the connecting the navigation ot koarroak river wilh that of Pamtico river by 
a Ihort and fate rout, would contribute much to facilitate commerce} 

I, Be it therefore enacled by the General Ajjembly ofthejlatc of North Carolina, and it is hereby 
enacted by the authority of the Jame, That it (hall be lawful to open books of lubfeription in 
Martin county under the direction of Kennith Clark, in Halifax under ihc direction ot Jelib 
Rhymes, in Warren county under the direction of Marmaduke Johnlton, in Bertie county un- 
der the direction of Arihur Brown, in Edgcombe county under the direction of John G. L. 
Schinck, in Pitt county under the direction of James Gorham, and in Beaufort county under 
the direction of William Rhodes, for the receiving fubferiptions to the amount of fixty thoufand 
•dollars for faid undertaking ; which fubferiptions (hall be made perfonal or by power ot attor- 
ney, and (hall be in dollars: That the faid books ill all be opened on the third Monday in June 
next enfuing, and (hall continue open until the la(t day of June then following; and on the 
thirty-firft day of July next following, there fhall be a general meeting of the fubferibers at 
Hoglfown in Martin county, and the managers (hall give notice of fuch meeting in the Halifax 
paper, one month at leaft before the day for that purpofe appointed 5 and the acting managers 
fhall then and there lay betore fuch of the fubferibers as fhall meet the books by them kept, con- 
taining a ftate of the fubferibers ; and if the capita! fum aforefaid (hall not have been fubferibed, 
then the managers are to continue to receive fubferiptions to makeup the deficiency-. The act- 
ing managers (hall make a lilt of the fubferibers, with the fum fublcribed by each perfon, and 
return the fame under their hands, to the Secretary's-oftite ot the date ot North-Carolina, 
there to be recorded ; and it mare than h.wy ihouland dullars fhall be fubferibed-, the fame (hail 
be reduced to that fum by the managers or a majority of them-, by beginning to (trike off trom 
the iargelt fubferiptions in ihe rirlt inltance, then from the next Iargelt and fo on, until the fum 
is reduced to fixty thoufand dollars ; and the faid capital (hall bedivided into fix hundred (hares 
of one hundred dollars each, and any perfon may fublcribe for one or more (hares-, but not for 
part of a (hare-. Provided, That unlets one halt ot the capital aforefaid Ihall be fubferibed be- 
fore or at the meeting of the fubferibers at rfogftown, on the thirty-firft day 'of July, one thou- 
fand eiyht hundred-, all fubferiptions made in coniequence of this ail (hall be Void ; and if one 
half and lefs than the whole fhall be fubferibed-, then the Pre fide n't and Directors are empowered 
to receive the fubferiptions which (hall be fir ft offered, in whole (hares, until the deficiency 
ifli all be made up-, and they fit all return their proceedings in this behalf to the Secretary '-office, 
'to be recorded. 

-II. And be it further enacled, That if 'one half or rnore of the capital fhall be fubferibed as 
-aforefaid-, the fubferibers, their heirs and alligns, from the time of the faid firlt meeting, (hall 
fee and they are hereby declared to be incorporated by and under the name of Union Canal Com- 
pany, and may fue and be lued ; and the lubferibers prefent at fire faid meeting, or a majority, 
ihall elect a Prefident and feven Directors to conduct the faid urrder taking and manage the 
bufniefs of the Company for and during fuch time as the Company (hall think proper ; and in 
counting the votes of all general meetings of the 'Company, each member (-hall have one vote 
for each fhare as far as ten (hares, and one vote foj every five (hares above ten by him held at 
•the time ; and any member by Writing under his or her hand, executed before a .j'ufticeof the 
Peace and certified, may depute any member to act as proxy for him or her at any general 
meeting. 

-III. And be it further enacled, That the Prefident and Directors and their fuCcetTors or a ma- 
jority of them (hall and may agree with perions in behalf of the Company, to open the naviga- 
tion aforefaid, by locks and canals from p'ace to place and from time to time, and upon fuch 
terms as they (hall think belt, and out 'of the laid capital and money arifing from toll, pay for 
making and repairing all works neceffary for the purpoTe aforefaid ; and alfo to appoint aTrea- 
furer, not one of their body, but yet a proprietor, Clerk^ Toll-gatherers, and fuch officers, 
managers and fervants as may be requifite, and to agree for their wages, fettle and pafs their 
accounts, and alfo to eftablifh rules of proceedings, and generally to tranfact all the b'ufinefs of 
the Company in the intervals between the general meetings "of the fame; and they fhall be al- 
lowed by the Company at their general meetings a reafonable fum for their trouble. Provided, 
That the Treafurer (hall give bond and fecurity as the Prefident and Directors (hall direct, and 
that he fhall not be allowed more than three per Centum for the difburfements by him made for 
fervices, and that no officer in the Company (hall have a vote in fettling or paffing his accounts. 

IV. And be it further enacled, That each fubferiber (hall pay for every (hare at the firft ge- 
neral meeting to be held on the thirty-firft day of July aforefaid, at Hogftown, the fum of 
twenty-five dollars per (hare, to the Treafurer of the Cohspany ; and the names of thofe who fail 
to pay (hall then and there be (truck off the books, and others complying with this regulation 
may take fuch (hares, and the Prefident and Directors and their fucceffors or a majority (hall 
have power from time to time as money may be wanting, to make and fign orders for that pur- 
pofe, and direct at what time and in what proportion the fubferibers (hall pay the fums fubferib- 
ed, which orders fhall be advertifed at leaft one month in the ftate Gazettes of North-Carolina 

£ and 




L A W S o? N O R T H-C A R O L I N A. 



and Virginia. Provided, That the Prefident and Directors fhall not demand from the fubfcriba 
ers more than twenty-five dollars per fhare in one year, and it any of the fublcribers fhall fail 
to pay their proportions required, within two months atter the lame is ordered to be aavertifed 
the Prelident and Directors or a majority may fell at auction and convey to the ptirchafer the 
-lhares of ihe fubferiber fo tailing, giving at Jeatt one month notice in the Gazettes aforefaid • 
and all inch foles lhall be at Hogltown on Roanoak river, and the purchafers ot fuch lhares lhall 
b-: fubject to ihe fame regulations as if the lale «nd conveyance had been made by the proprietors. 

V. And be it further enacled, That from time to time, on the expiration of the term for 
"which the Prelident and Directors may be appointed, the fubferibers at their next general meet- 
ing may continue them or any of them, or ehoote others in their room, aid in cafe ot the death 

-resignation, removal or incapacity of any of them, may elect others, may alfo at any of their. 
gtner.il meetings remove the Prelident or any ot the Directors, and appoint others for the re- 
mainder of ihe time tor which fuch perlons were to have acted. 

VI. And be it further enacled, That every Prelident and Director before he proceeds to act, 
fhall take an oath or affirmation for the faithtul difcharge of his office. 

VII. And be it further enacled, That the .prefence ot the proprietors having three hundred and 
ten iharcs at lealt, fhall be neceffary toconltitute a general meeting ; that there fhall be a gene- 
ral meeting on the thirty-firlt day of July annually, after the firlt meeting at Hogltown ; but if 
a fufficient number does not attend on that day-, the proprietors attending may adjourn -from day 
to day until a fufficient number docs meet, and then to continue to let as long as neceffary ; and 
the P;efident and Directors (hall make report and render juft and dillinct accounts of all their 

pioceedings, and the proprietors prcfent or a majority, it they find the accounts juft, fhall grant 
a certificate thereof, and make a ttatement ot the fame on the books of the Company ; and at 
fuch yearly general meeting, after lesvinrin the hands ot the Treafurer fuch fum as the majority 
of the proprietors may judge neceffary tor repairs and contingent charges^ an equal dividend of 
the profits arifmg from the tolls by this aft granted, fhall be made among the proprietors in pro- 
portion to their feveral lhares ; and on any emergency the Prelident and a majority of the Di- 
rectors in the intervals between the yearly meeting, may call a general meeting of the Company 
-at Hogltown, giving notice in the Gazettes of North-Carolina and Virginia aforefaid. 

VIII. And be it further enacled, That for the expences the Company muft incur in cutting 
canals, erecting locks, making roads and doing various things neceifary for this navigation, the 
faid canals, locks, roads and every work and thing appertaining to the faid navigatien, with all 
the profits arifmg from the fame or any part thereof, fhall be and they are hereby veiled in the 
faid Company, their heirs and alfigns'-foie'ver, a'S tenants in common, in proportion to their ref- 
.pective lhares, and the fame fhall be deemed real eftate, and fhall be exempt from the payment 
of taxes, impolition or alfetfmerit ; and the toll which the Company may or fhall demand fore- 
very t fting-, lhall be fixed by the Prelident and Directors from time to time. Provided alwayt, 
That the toll to be paid for palling the fame fhall at no time exceed the to\l allowed by an act 
entitled " An act tor cutting anaviga' le canal front Palquotank river, in this Itate,to the wa- 
ters of Elizabeth river, in the Hate of Virginia," for fimilar arucles paying (he fame ; and they 
fhall enter, their proceedings in their books, and pubiilh the fame in the Gazettes of North-Ca- 
rolina and Virginia as aforefaid ; and it fhall be lawful for tiie Prelident and Directors at all 
times thereafter, to demand and receive tolls which fhall be fixed by the Commtllioners afore- 
faid, on all produce, goods or commodities which fhall be traniported through the navigation 
of the faid Company, or any part thereof ; and they may demand the toll at fuch place or pla- 
ces as they (hall think proper ; and if any pcrfon fhall retufe to pay lawful toll, the Collector 
may deny palfage : and if any perfon fo refuting to pay lhall pafs through the navigation, it fhall 
be lawful tor the Colledtor to feize veliel and cargo wherever found, and fell thefameor as much 
as may be neceffary, giving ten days previous notice, at auction for ready money, to pay thetoll, 
and the furplus, if any, fhall be rendered to the owners, after paying the toll and expence of lei- 
sure and fale. 

IX. And be it further enacled, That the navigation and works of the faid Company done in 
purfuance of this act, when completed, lhall forever thereafter beconfidered as public highways, 
free tor the tranlportation of all goods, wares, commodities or produce whatever, paying toll as 
before directed. 

X. And whereas it may be neceffary for the completing the navigation aforefaid, that certain 
portions of lands fhould be condemned for the purpofe ; Be it further enacled, That it fhall and 
may be lawful for the Prefident and Directors or a majority, to agree with the owners of any 
land through which the faid navigation is intended to pafs, for the purchafc thereof; and in cafe 
of difagreetnent, or if the owner fhall be a Feme, covert under age, non compos or out of the 
ftate, on application to any two juiticcs of the county in which fuch lands lie, the laid Juffices 
fhall ilfuc their warrant to the Sheriff of the county to fummon a jury of eighteen men of proper- 
ty and reputation, not related to the parties, and diftnterefted, to meet on the land to be valued 
at a day to be exprelTed in the warrant, not lefs than ten nor more than twenty days thereafter ; 
and the Sheriff on receipt of the warrant fhall fummon the faid jury, and when met fhall admi- 
niiter an oath or affirmation to them, provided twelve or more appear, to wit : That he will im- 
partially value the thing in queftion, and confjder all damages the owner thereof may fuftain by 

being 



■ha 



L A W S o f N 0_R TH- CAROLINA. 23 

■. 7~~. ~ *79 8 <' 

being diverted of his property therein, that he will not in his valuation fpare any pcrfon through ^— y— ' 

favour, nor injure any one through malice or hatred : and the iuquifition io taken (hail be lign- 
ed by the Sheriff and twelve or more jurors, and returned to the Clerk of the Court of the coun-i 
ty to be recorded ; and in all fuch calcSj the jury is directed to defcribe the thing valued, and 
their valuation Ihall be conclufive, and the Prelident and Directors (hall pay the fame to the ow- 
ner of the thing valued, or his legal representatives ; and if neither can be found in the ltate, or 
if found, fhould refufe to receive the money, then to the Clerk of the Court of the county ; and 
on payment thereof, the faid Company fhail be feized in fee of the thing valued, in the fame man- 
ner as if conveyed to them by the owner by legal conveyance. 

XI. And be it further enacled, That the Prelident and Directors or a majority of them* may 
agree with the proprietor tor any quantity of lands riot exceeding two acres, at or near the place 
intended for collecting the tolls aforefaid, for the purpofe of erecting neceffary buildings ; and 
in cafe of difagreement, or any of the di labilities afdrefaid, or the proprietor living out of the 
ltate, then the fame proceedings fhall be had and the fame confequences fhall follow, as in the, 
preceding claufe. Provided always , That the land fo to be valued fhall not include mill-dams. 
mills or other buildings. 

XII. dndbe it further enabled, That where it fhall be neceffary to pafis any mill already built* 
or which may be hereafter built with the canal by this act contemplated, it fhall and may be law-i 
ful to erect a look or locks in the dam thereof for that purpofe, the damage of which to the ow- 
ner thereof, fhal! be afcertained in the fame manner as is pointed out by the tenth fection of this 
act, unlefs it fhall be otherwife agreed by the Company and the proprietor. 

XIII. And he it farther enaBed, That it (hall be lawful for any of the proprietors to tranf- 
fer his fhaic or fharcs by deed, executed before two witneffes, ard regiftereil after proof ot exe- 
cution, inlhe Company's books, and noi otherwife except by devife ; which dcv:fe fhall aifo be 
exhibited to the Prefuient and Directors before the devifee (hall be entitled to draw any part of 
the profits from the faid tolls. Provided, That no transfer Ihall be made tor parts of a (hare, and 
that no (hare fhall be transferred or held in truft for the ufe and benefit, or in the name of ano- 
ther, whereby the Prefident or Directors or proprietors, or any of them may be made to anfwer 
any fuch trult ; but that every fiich perfon appearing as aforefaid to be a proprietor, fhail as to 
the reft of the Company, becohfidered to ever? intent as a proprietor ; but between any Trullee 
and the perfon for whole benefit any truft may be created, the common remedy may be purfued. 

XIV. And be it further enacled, That if the faid Company (hall not complete the navigation 
aforefaid, within twenty years after'the palling of this act, all preference in favour of faid Com- 
pany with refpect to the laid navigation, lhall be forfeited. 

XV. And be it further enaScd, That the faid Company and their fucceffors, fhall be capable 
of purchafing and holding and felling real and pcrfona> eftate ; and if any perfon fhafl be fued tor 
any tiling done in pairfuance of this act, he may plead the general iifue, and give this art and the 
fpecial niat'er in e\ itence, and on a verdict againli the plaintiff or nonfuit or discontinuance, re- 
cover colts of fuit. . ' , 

XVI. And be it further enabled^ That the General Affembly of North-Carolina, fhall not im- 
pofc any reltrictions, duty or irnpoft on commodates, manufactures, produce or merchandize tranf- 
ported by the faid navigation. 

XVII And be it further enacled, That when the faid Company fhall have completed the ca- 
nal, they fhall render a fumniary (tatemetit ot the monies expended in the navigation, to the Se- 
cretary of Srate, and it lhall be his duty to file the fame in his office ; and it (hall and may be law- 
ful for the ltate, at any time after the Company lav . been receiving toll On faid canal fifty years, 
to take the faid canal and appurtenances theaeUnto belorging, for the purpofe of navigation only, 
on paying the Company the monies expended thereon, (afcertained by the ftaremciU made and fi- 
led as aforefaid,) with twenty-five per centum advance on fuch fum, in lieu of all profits and ad- 
vantages that misjht thereafter accrue toth? fai ! Companv, were they allowed to retain the fame. 

CHAP. XLl. ' ? 

itn Act to empower the Ctunty Court of Currituck to appoint perfons to copy the books in the Regif- 

ier's- office in J aid County. 
1. T5E // enacled by the General Afjembly of the jlate of North-Carolina, and it is hereby enabled 

_1J by the authority of the fame, •'Yhat a majority of the Juftices of the County Court of Pleas 
and Quarter-Seffions for the faid county, may whenever they deem it neceffary, appoint two per- 
fons in the county to examine the books in the Regifter's-office therein, and report to the next 
court the fituation of the faid books, and how many, or what part thereof or any of them need 
transcribing ; and if it appears to a majority of the Juftices of faid county that it is neceffary to 
transcribe any part of the faid books, they (hall appoint fome perfon in the faid county to pur- 
chafe a book or books and copy in a fair and legible manner, fuch books or part of books in the 
faid office as may have been reported to require the fame. 

II. Andbe it further enacled by the authority aforejaid, That when the perfons fo appointed 
by the faid court fhall have completed the faid bufinefs as by this act enjoined, the books where- 
in fuch new entries are made, together with the old books, fhall be committed to the examinati- 
on of the two men appointed to examine the faid books, who may make fuch corrections as they 
tnay conceive neceffary, fo as to render them conformable to the originals, ami fhall fign fuch books 

and 



2+ 



LAWS of N O R T H-C A R O L I N A. 



HL and certify that they are accurately and literally -copied >, and fuel, books (hall have the fame ere- 
dh and validity as the originals would be entitled to-, in all courts of -record in th.s Hate. • 

II. And belt further enafied bv the authority qforefaid^ 1 hat the -fa id Court ihall allow the 
iners and the perfens appointed to tnmfcnbe the laid books, a fum adequate to their fer- 
to be paid out of the county taxes by an order on the county Trealurer, who ihall be 



ex am 11 



vices, 

allowed in his fettlement for the fame. 



" C H A P. XLli. 

An Ad to amend an a£l entitled " An a£t to mcreaje tl. e pay of the Jurors to the Superior Courts 

of the diflricls of Newbern, Wilmington and Halifax, and alp -the dflnfiso) 1-ayctteville, 

Hill/borough and Edenton, except the Jurors from the counties of Ghozvan, Perjon and Rcbefou. 

I TyU it entitled by the General Affemblv of the jlate of -North- Carolina-, and it is hereby enabled 

' X> by the authority of the fame', That from and after the palfhigoi this ac% the Jurors from 

the county of Perlon to the diftri'6 Court of Hillfboro'ugh, and the Superior Court Jurors rom 

the county of Robefon, for the dirtrift of Fa'yetteville, (hall be allowed and paid ten fh.lhngs 

for every day's attendance, and te.vfhillings-for every thirty miles riding to and from faid Courts ; 

any law, lijage or cuflom to the contrary notwithltandi ng. 

*" (ThTp. xliii. 

An Aft torepeal an acl entitled" An ad for clearing out the Great Swamp m Robcfon County," 

palled at Raleigh, in the year one thoujandfeven hundred and ninety fx 
I T> E it enfcled by the Genera/ Af/emb/y of thejtate oj North-Larohna, and it ,s hereby enaBed 
*'XSby the authority of the fame, That lh* beto.e recited ad and every part thereof, is hereby 

repealed and made void, as if the fame had -never been n^ "y . , 

C H A P. \Li v. 

An Aft to authorife JVilliam Porter to raife one thoufand dollars by way of lottery 

WHEREAS William Porter hath reprefen.ed to this General A.kmbly, that one thouf.nd 
dol rs will b of great benefit to himin erecting a manufacture for .he purpole of mak- 
ing arms : and it is good policy in all well-regulated governments to encourage manutadWs 

^rSe therefore ouSIedby the General 4ffe,nbh of theft:ite of North-Carolina and it is hereby 
cna^edb the authority 0/ th" ferae, That William Porter ihall have leave to raife by way o lot* 

Vance William 1 enoir, WaighlftiU Avery, WiH.a.it Erw-.n and William Tate Efqu.es, be 
and they arc hereby appoin.ee! Commillioners for thepurpofe of Opening and completing. fcheme 
■of a lottery to raife the fum' aforefaid, in the following manner : 

5000 Tickets at two dollars e*ch, are . % , •. * -• io ( ooo Uoltofc 

1 Prize of five hundred dollars, is . . . -. . • 5°° 
I ditto of four hundred dollars, is ...... 4°o 

'J ditto of three hundred dollars, is ..... 3°° 

.'3 ditto of one hundred dollars, afe . . . • • 3°° 
6 ditto of fifty dollars, are ......•• 3°° 

•8 ditto of thirty-five dollars, are 2»o 

18 ditto of twenty-five dollars-, are 45° 

200 ditto of ten dollars, are ' 2oco 

400 ditto of five dollars, are 2o0 ° 

500 ditto of four do'lars, are , . . ... • • 2o0 ° 
490 ditto of three dollars, are • '47 

162s Prizes. 
3372 Blanks. 

cooo Tickets at two dollars each, are . ..... • }°'°°° , «,,, 

And the faid iommiff.oncrs or a majority of them (hall be managers of fa.d lottery, and fhall 
be accountable for the prizes and profits thereof. . • . drawing of 

II. And be it further enacled, That when nine-tenths of the tieke« are fo Id tl he d raw ng 
faid lottery fhall commence, under the management of the fatd Comm.ffioners, they g.vingtwen 
ty days notice in the Halifax and Salisbury papers. drawing 

7 Hi-: And be it further cnaclcd, That ail prizes (hall be pa.d '"thirty day after the : drav, ng 
of faid lottery is finilhed, upon the demand of the poliel or of a fortunate ticket wh.ch jprtte 
ftall be fubjed to a deduction of ten per cent, and if Tuch prize ts not demanded »" ^ hc f P a ^ 
fix months after the drawing is finilhed, of whiehnot.ee fha be given in the pape »» bov f ™J 

S within thirty days after the drawing is finilhed, Ihall be conf.dered r ^jf.^ £ r ^ 
benefit of .he faid William Porter ; and the produce of faid lottery (hall be verted n the aia 
William Porter j and the faid lottery fhall be drawn in the town of Morganton, and in thetmie 
of the fitting of the Superior Court of Morgan dillricl. „„„■,„,.,] fiSall bedn 

IV. And be it further ena^d, That before the Comm.lTioners herein .appointed ihall begin 



LAWS of NORT H-C A R O L I N A. 25 

1798. 

to ait, they (hall take the following oath : "I, A. B. do folcmnly fwear that I will do equal "— v— ' 
jultice to till perfons concerned in laid lottery, and that I will conduct the fame juftly and tru- 
ly to the belt of my knowledge, SO HELP ME GOD ;" and lhall alfo enter into bond with, 
good and futficient fecurity, to be judged or by the faid Williain Porter, the Solicitor-General 
and any one ot the Judges Ot the Superior Court ot Law and Equityj for the fum ot ten thou- 
fand pounds, payable to the Governor tor the time being, and his iuecelTors in office ; which bond 
lhall be void on condition that they the laid Corrimilfionei'S (hall well and truly execute the trull 
repofed in them by this act, that is to fay, that they will without irauj or delay, or other deducti- 
on than ten per cent, herein prefcribed, pay every tortunat; adventurer in faid lottery the prize 
he, (he or they lhall draw therein, on demand ; and further, that they the faid Commillioners lhall 
fully and faithfully account for and pay to the faid William Porter, his heiisor alligns, all the 
profits that (hall arife out of the fcheme of faid lottery, without fraud or delay. 

V. And be it further enacted, That if the Commillioners aforefaid fail to perform any part of 
the condition ot faid bond, any perfon or perforas aggrieved by fuch failure may without affign* 
nient, bring fuit upon laid bond in any court of record ; and all fums recovere. 1 , lhall be to the 

.life of the perfon or perfons who lhall bring fuit : and the bond (hall be lodged with the Clerk of 
Morgan dillrict, who lhall keep it as part of the records of faid dillrict. 

VI. And be it further enuBed, That if any of the above Commillio ers (hall die, remove, of 
refute to act before the faid lottery be drawn, that then the laid William Porter, the Solicitor- 
General, together with any one ot the Judgesj (hall have full power and authority to appoint o- 
thers in the room of thofe dead, removed or refuting to act, as the cafe may be, and a record of 
fuch appointment be made in the Superior Court ot Morgan dillrict ; the Commiflioner or Com- 
milfioners' fo appointed lhall have the fame powers and authorities, and be fubject to the tame pe- 
nalties as though he or trjey had been appointed bv the General Alien bly. 

<CP tijA . a*: 2i L v . 

Am Act to confirm the proceedings of the county. Cuurt of Moore, relative to the ■tranfeription of & 

part of the Entry- takei's bocks ot Jaid county . 

WHEREAS a part of the Eniry-iaker's'books in the county ot Moore> was fo defaced and 
abufed that the fame was fcarcely legible, and whereas the Court of faid county did ap- 
point a proper perfon to tranferibe the fame, to prevent its'being entirely obliterated ; 

I. Be it therefore enacted by the General /tffembly of the fiate ot North-Carolina, and it is hereby 
enacled by the authority </ the fame, That the part ot the Entry-taker's books tranferibed by the 
order ot the faid Court, lhail be as valid in law as if the lame was done by virtue of an act of 
Affembly; any law to the contrary notwithstanding. 

C H~ A ?7 XTVL ' 
An Act to empoiver the county Court of Moore to lay a tax (or the year one thoufand feven hundred 
and ninety-eight, to defray the expence of tranjeribing the liegifter s books oj Ja.d county. 

WHEREAS by an act ot the General Alfemblv, palled at lite city" of Raleigh, in theyear 
one thoufand feven hundred and ninety- fix, _ the county Court of Moore was empowered 
to employ fome perfon to tranferibe fuch ot the Reg. tier's books of faid county as in the opi- 
nion of faid Court Ihould want trantcribing, and to lay u tax for the year one thoufand fevtn 
hundred and ninety-feven, to defray theexpence thereof : Ar.d whereas it is reprefented to this 

.General A'fembly, that the faid Court did make (uch appointment, and that the books hath been 
tranferibed in conformity to fa id. ad, and that the faid Court tailed to levy the tax as therein di- 

\ reeled, and no compenfaiion having been made to the perfon employed to tranferibe faid books, 
audit being" doubtful whether by the faidacl, the laid Court can now lay fuch tax : For remedy 

, whereof, 

I. B^e it enacled by the fiate of North-Carolina, anrl it is hereby cnsBcd by the authority' of the 

fame, That the ceunty Court of Moore is hereby authorifed and empowered to levy and caufe 
to be collected for the year one thoufand feven hundred and ninety-eight-, a tax fufficicnt to de- 
fray all the expence of tranferibing and comparing laid books, and for the purchafe of new books 
to copy into • and that the money to be railed by fuch tax fliall be applied to no other ufewhat- 

-ever^ any law to the contrary rotuithftanding. 

CHAP. XLVIt. 
An Act to tray.fcriie certain entries in Cumberland county. 

WHEREAS by an act palled in the year one thoufand feven hundred and ninety-five, enti- 
tled •' An act to amend an act entitled An act to prevent the iifuing of grants for lands 
entered with any of the Entry-takers in this (fate, ih certain cafes, and to prevent the ifTuinr^of 
warrants of furvey in manner as is defcribed," the Entry-takers' books in the different counties 
in this (fate were ordered to be tranferibed: And whereas one of the Entry-taker's books in the 
county of Cumberland was accidently omitted to be tranferibed at the time that the tranferrpt 
was made in faid county, agreeably to the faid aft, 

I . Be it therefore enacled by the General /ffcmbly of the fiate of North - Carolina, and it is hereby 
twitted hy the authority of the fame, That a tranfeript ot a book lately in the polfeilion of James 
M'Neill, containing fundry entries, (hall be made, tranfmitted and paid for under the fame 
rules and regulations as are prefcribed in the before recited act. 

G CHAP. 



26 LAWS of NORTH-CAROLINA 

■1798. 



CHAP. XLVIII. 

An Act ' t» aiithorifc the county Court of Cumberland to tranjeribe certain recoriis in the Regi/ler's- 

ofjice. 

WHEREAS it lias beefi repreferited to this General Aflembly, that a part of books A. and 
13. in il.e Regi s lter's>-ofrice for the county of'Cumberland, has been impaired and decay- 
ed b) aec and accident , 

I . tie it therefore enaSted by the General Affembly of the flat e of Nor/h-Caroliva, and it is hereby 
entitled by tie authority of tue fame, That it lhall and may be lawful for the Court of Pleas and 
Qiia'rter-fenYons ot the county ot Cumberlaml, to inl'pe:f and examine the books A. and B. a- 
f ore faid, and it they • conceive them or any part of them necell'ary to be transcribed, they arc 
hereby authonled to came the fame to be fairly and accurately copied ; tor which fcrvice they 
may allow fuch turn out of the county tax as they may deem reafuna^le and competent. 

C : H~A P. XLIX. ~~ 

■An Act lo alter the time of holding the county Court of Bhtden. 
F it tnafle : by the Genera! Affembly of the jtcrfe of North- Carolina, • and it is hereby enabled: 
by the authority of the Jame, That Irom and after the ne-xi Court ot Pleas and Quarter- 
Seffiuiis ior the County atoteUid, which will be on the hrit Monday in February, in the year 
one thpyfand l<:\en hundred ai.d ninety-nine, the times tor holding the laid Courts lhall be al- 
'• ttred as follows, that' is to fay : on the hrll Mondays in June, September, December and 
IVi-rc'i, and a'l procefs in the (aid Court lhall be returnable on the faid Mondays accordingly. 

; -CHAP. _. 

rfn h.& to fubjlaniiatc certain proceedings in the ciunl) Court of Cumberland. 
TKEREAS during the'contelt between Jolhua Window and Robinfon Mum ford 'for -'the 
Clcrkfhip of the countyjCourt ot Cumberland, and previous to a final decifion on the 
fame in the Superior Court of Law for the dittrict ot-Fa \ t tteville, a variety of judicial pro- 
ceedings were had in the faid county Court, which a,^\ icquiie the aid of this Affembly to ren- 
der ihem valid ; 

I. Be it therefore enacled by the General Affembly of the flute of North. Carolina, and it is here- 
by enabled by the authority of the fame, That ail proceedings on iu us which were depending dur- 
ing any part ot the time the laid conteit tor the Clerk (kip aforelaid fublilted, lhall be held and 
deemed valid, notwithttanding the laid conteit — That ail judgments recovered 01 Confeffed dur- 
ing the period aforelaid (hall be c'or.lidercd as regular — That all deeds, bills of file, conveyances 
and other inftfuments admitted to record during the faid conted, lhall be deemed valid — And in 
fine all acls relating to the office ot the Clerk of the'Court afortfaid, and which were done in 
that capacity either by the faid Robinfon Mtimford or Jothua Window, fhall be confidered and 
held regular and' valid ; any law, u+age or cultom to the contrary notwithltanding. Provided 
always, That nothing herein contained lhall be con-ftrued to affect or relate to any objection to 
the validity or legality ol faid proceedings other than fuch as might be made on account of any 

detect or irregularity in laid appointment ot Clerk. 

_______ 

An A61 to 'dutbirije.fuch.of the county Courts in this flute to elcHTreafvtrcrs of public buildings, as 

have not appointed t/.e Jaid officer at the term.pointed out by law. 
I. T)E it entitle,, by t/.e General jjtu.uly oj the Jiaie of Netth-larotina, and it is hereby enaH- 
JLJ ed by the authority of I ■ t Jame t i hat where any county Court in this (tate has tailed to ap- 
point a Tieaiiirtr o. public- bujiduigs at the time directed by an act paifed at the lalt feffion of 
the General Adetiiuly, 'it lhail and may be lawful for the (aid Court to proceed to eleel fome 
fuitable pet Ion to act as Trcaliirer ol. public buildings, at any term after the ratification of this 
act and before the term directed by ihe above mentioned law, who lhall hold his office till the 
term poin e>l ttut by !aw lor t lie annual election ot (aid officer, 111 all enter into bond in the fame 
manner, be entitled to Hie lame compe.'.la ion tor his fervices, polfefs the fame powers, and be 
fubject to the lame rules, uguiations, penalties and rellridions as the Treafnrers of public 
buildings heretofore appointed 1 . 

II. And be it ur.he enaiicd, That whenever faid office fhall become vacant by the death, re- 
moval, relign cion or di-iqt a i l ic atic rri of any Treaturcr of public buildings, the leveral county 
Courts are hereby diiccicd to make an appointment to fill Inch vacancy till the annual term of 
appointment. J'rovmed, I hat no election authorifed by this act lhall take place unlefs a majo- 
rity of the acting jufti es i i Inch county be prelent at laid election. 

C 11 A P. LI I. 
An Aft to empower tie county Courts therein mentioned, to l#y a tax annually for the payment o r 

their Jurors. 
I. T)E if enacled by the Gcicral AfJ'embly ol the Jiate of North-Carolina, and it is hereby enaBed 
AJ by the author.;-, i the fame, That in future each and every Juror who fhall be appointed 
an inv.iiiuned, and who :ii ul regularly attend the county Courts of Rockingham, Currituck, 
Ha ix and pu.pl.in., after ; thefirft day ot February next, lhall be allowed the funi ot five Ihil- 
lin'j i .i c\ , '• at n lai ce oa the faid courts, and the fum of five lhillings lor every thirty 
mi -i u-aycliing o and from couit. IX, And 



LAWS of'NORT II -CAROLINA. 27 

II. And be it further enabled, That each and every Juror fo attending, (hall obtain from the ' 
Clerk of the Court, a certificate in the lame manner and under^the fame rules and reltri&ions as 
certiii.cates are obtained from the Clerks of the Superior Courts for like Cervices ; which appro- 
priation (hall be collected and paid by the Sheriffs ot the relpodive counties before mentioned, 
under the fame rules and regulations as are prelcribed for the payment of certificates for the at- 
tendance of Jurors at the Superior Courts. 

Ill . And he it further enacted, That the courts of the faid counties of Rockingham, Currituck, 
Halifax and Duplin, are hereby authorifed and empowered to lay a tax annually not exceeding 
one Shilling on every poll, four pence on every hundred acres of land, and a tax of one (hilling 
on every hundred pounds value of town property with their improvements, in the laid counties 
refpectively, fo as to raife a fum fufficient tor the payment of the laid Jurors. Provided never- 
thelefs, That the Jurors for the county Court ot Rockingham lliall not be allowed pay for tra- 
velling to and from faid court ; any thing in this aft to the contrary notwithltanding. 

CHAP. LIII. 

An l\£k to author if e the Chairman of the Court of Picas and .'^ilarter-Seffions of Gates county, to con- 
vey a certain piece of land herein defer ibed, to the heirs of fames Garrett, deceajed. 
I. ]f)E it enaficd by the General Affernbly of the Jtate of ISorth-Carotina, and it is hereby enacled. 

jD by the authority of the fame, That the Chairman ot the Court ot Pleas and Quarter-Sefli- 
ons of Gates county, is hereby authorifed to convey by deed to ihe heirs ot James Garrett, de- 
ceased, all the right and title the county atorefaid hath in and to a piece or parcel of land that 
James Garrett, deeeafed, gave to the county ot Gates, that lyeih within the bounds of a piece of 
land the faid Garrett purchafed of Robert Parker, lying in the county atorefaid, near the court- 
houfe thereof. 

HI. Andbe it further enacled, That fuch deed as aforefaid, when executed, fhall fecure the a- 
faiefaid land to"the heirs of the (aid James Garrett, iri as tulland ample a manner as if the faid 
James Garrett had never conveyed the lame. 

CHAP. L1V. 
An Acl to ejlablifh a Seminary of Learning in the Town of Salifuury. 

WHEREAS the ctfabli ih tug a feminary of learning in the town of Salisbury in the county 
ot Rovva'n, will tend greatly to the education ot youth ; 

I. Be it enacled by the General Affernbly oj the Jtate of A'srth-Carolinei, and it is hereby enacled 
by the authority of the fame, That Monttord Stokes, James Daniel, joteph Hadden, Alexander 
Long and Jacob Filter be and they are hereby conitiiuted and appointed 1 ruftees, with full 
power and authority to receive al} donations, as well as money which may be fnbfcribed for the: 
purpofe of erecfing and lupponing the faid feminary : and the faid Truttees and their fuccelfors 
fhall be able and capable in law to alk for, demand, recover and receive of the feveral fubferibers 
all iums by them respectively fubferibed ; ami in cafe of retufal of any of them to pay the fame, 
t<i fue torand recover by adlion ot d«bt or otherwile, in the name of the Truftees, the fum which 
fuch perfon (hall have fubferibed, before any jurildiction having cognizance thereof ; and when 
the monies are collected, to be applied by the faid Trustees or a majority of them, as they fhall 
think necelfary and expedient for the advancement ot faid feminary and the promotion of learn- 
ing therein. 

II. And be k further enacled by the authority aforcfai-d, That the Truftees herein before men- 
'thoned, fhall previous to their entering 011 the execution ot the trull replied in them by this a£t, give 
bond to the county Court of Rowan, payable to the Chairman or his fuccetlbrs, in the fum of five 
hundred pounds, with condition that they (hall well and faiihfuliy account for andapply all gifts, 
gratui ies, donations and monies which they may receive by virtue of this aft, for the puipoles 
atorefaid. 

III. Andbe it further enacled by tie authority aferefaid, That if any of the Truftees appoint- 
ed by this act (honk! die or refufe to acT:, a majority ot the remaining Truftees may appoint ano- 
ther or others in his or their room and Head, who (hall have the fame powers as thofe firtt ap- 
pointed ; and when convened together fhall have power to appoint a Tutor or Tutors and Trea- 
surer, and alfo.to make and ordain fuch rules and regulations, not repugnant to the laws of this 
flate, for well orderingof the (Indents, as to them fhall feem beft. 

IV. And be it further enacled by the authority of oref aid, That the Treafurer aforefaid, before 
he enters into the trull repefed in him by this act, (ball enter into bond with fufficient fecurity, 
to the faid Truftees, for the faithful difcharge of his duties. 

An Act to ejiablifh an Academy at Smithville, in the county of Brunfwick. 

WHEREAS the promotion of learning deferves high encouragement in a Republic, the fafe- 
ty and happinefs of the (fate depending on the knowledge and morality of the people; 
and the fituation ot Smithville, at the mouth ot Cape-Fear river, holds out a profpetf of health: 
and plenty, from its vicinity to the fea, whence from the abundance of marine provifion, it is 
probable that fludents may be accommodated at a moderate expence ; 

I. Be it enacled by the General Afjcmbly pj ihejiute ot horth- Carolina, and it is hereby enacled 
by the. authority of the fame, That Benjamin Smith, Benjamin Mills, \V illian. Gaua, JchnG. 

Scull, 



± 



L A \V S of N OR T 1I-C A R O -L I N A. 



■—v— ' Scull, William E-. -Lord, Abraham BtfTcnt and Joihna Potts, re and they are hereby declared t» 
bs a body politic and tbPjSftfkre to be known and d.ltinguilhed by the name and title oi the'.Truf- 
tccs ot Smitbville Academy, and by that -name fhali have perpetual rucceffion and a common f ea l - 
and that thefaid Truftees and their fucceftbrs by the name atorelaid, or a majority ot them ihall 
be able arid -capable iirhw to take, demand^ receive and poftcls alimonies, goods and chattels 
that lhali be given them for the u-fe of laid Academy, and the lame apply according to the will 
ot the donors-; and by gilt, pnrchafe and devile, have, receive, pori'efs, enjoy and retain to them 
andtheir iuccellbrs tor ever, any lands-, rents, tenements and hereditaments of what kino' na- 
ture or qualify luever they may be-, in lpecia! trult and confidence-, that the fame or the profits 
-thereof lhall be applied to and for the life and purpofe ot eltablifhing and endowing faid Aeatlemy. 

II. Be it further enacted, That the faid Trultees or their fucceftbrs, or a majority of them 
-by ;he name aiorelaid, (hall be able and capable in law to bargain, lcll, grant, demife, iilien 

or mipoic ot-aid convey, and allure to the purchafers any fuch. land, rents, tenements and here- 
ditaments atorelaid, when the condition ot, the -grant -to them, or the will of the donor or devifor 
does not ioibiii it. Anel turthei, that they the faid Trultees and their fucctlforS) forever,- or a 
majo'rftA pi them, fh*aji be able and capable in -law by the name atorelaid, to fue and implead 
■be iue.i and frYu leaded , .uiluer and be ani wertd in all courts of record whatfoever; and thev 
ill.,. I nave power to, open and receive fublcripiioii!^ and in general tin.)' fhall and may do all fuch 
tilings as. art. u'.u.r.ly June I y bodies eorporate and .politic, or fueh as (hall be necell'ary for the 
} idiiio : inn ot [ear fiing a;, a vu hk. And tney the faid Tin (lees and their lucccfiors or a majority 
of tiie-tii, iiia!i have :i lit .[ owci of appointing a Pi e (idem and Inch Protelfots and Tutors as to 
them thai; appeal nc i x ila i y and prober, wt.om they may remove tor milbehaviour, inability or 
hegle£f. oi auty ; and tney 'ihall have the power to make all fuch laws and regulaiions for the go- 
\'ci nment ot the Ad lerry and .pielei vation ot rtligi(in, order and good 'morals therein, a!. t» 
them n.a.v appear neeeliaiy, and are hereby ir.vc-l'itd with all the powers and authorities which 
tile Trultees of any other leminary ot learning in this Hate have or may poii'efsor enjoy. Bra- 
vitUd »rm rr thfjfftj Thai the (ante are not cont r ary to the conllitution or laws of the [fate! 

III. Be it further enacted, i hat the laid Trull ees, in order to cany the prtlent aa into effifr 
fi] all meet at the court-!. oult of (aid county, on Tuelday the tlventy-ninth day of January n. U I , 

"at which time they lhall t hoofe a Prelident and Secretary-, and lhall then fix the time of thlir 
next annual meeting, which and every fuecceding annual or other meeting, fhali be at the fjiid 
town of vStv.itiiville, and whereat a majority of the members lhall be a quorum, and he fitJd 
Truftees at their ahivual" meeting may appoint fpecial meetings within the year, or in caf uri- 
forcfeen accidents or car.fes lhall render an earlier meeting nectflary, the Se retary by order of 
the Prehdcnt, lhall call a meeting of the' Board agreeably to the laid order. 

IV. And -be it further en, c l ?ed-, That mi the death, reftifal to aft, or neglect to attend three 
fuecelfivc meetings of the Board without a lufticient cxctife being fent to the Truftees at ftich 
third meeting, tor the laid abfenee, that it lhall l.e lawful for the remaining Truftees, and thev 
■are hfcflefey atktrbi i (Id to elect and appoint one or more Truftees iri the place of fuch as die, ie- 
■fule or n-egleft; to act ; which TruHee or Truftees fo appointed (hall be veiled with the fame 
.powers, trtiiis ant! authorities- as the Trultees are by virtue of this aft. 

; C H A P. LVL (T 

An Act to autbirife the i'/ujtees of Smithville Academy, to raife the jum ef Jevtn thoufand dollars 

by lottery or lotteries. 
"\ TT'THEREAS it is.reprclented to this General Atl'embly, that certain liberal and well difpO- 
V V feu pei ions fva'yt under bed fums ot money for the purpofe of erecting a School-Hotife ot 
A. »3e,ifi) ^ t . t h a anvil t> ^ mtnvilc, and that the lubferiptions would increafe if it appeared pro- 
bable tiii an i3equate ty id tar arjcti.ig a proper building and fupporting the fame con Id bs rai- 
fed : T'lere-.'ore- to _u :o i :.\ ,c an underta ein ^ fo lau lable,- which may be highly beneficial to the. 
iiilubita: v.s. oi me county at iJr.nn wick, and pro luce 



:e advantages more extcniive hereafter, 

I Be .1 euui,: I y thf iif>ier,il -Jfembiy oj the flats of North-Carolina, and it is hereby enaSled 
l\ the nun ,i .1/ ' at j."iie, liial the Trullces -of the faid. Academy eltablilhed by the prefent Ge- 
nei.il : v,l-:iiniy, .li.iii Ium i unci, a.u iiiey are hereby permitteef to raife the fum of leven tho i- j 
land dol ars b'y a 1 * te'rj ul ;ot:tnes, as the-y or a majority of them lhall deem moll proper : anj 
Put the i'.iid i niil.e; and. their iue\ ellors, be and they are. hereby appoint d Commilhoners tor 
l!ie p'irp )'f of: ygt ulna an i com )leli \g a Icheme or fchemes of a lottery or lotteries, calculated 
'to raife the fum aforefaid, in which there lhall not be more than two blanks to one prize ; and 
the faid L'om.ujihuneri or a .majority of them, fltall be Managers of faid lottery, and accounta- 
ble lor the prizes an i profits t lereot. 

II. And bv it ! art her eiit'f.d, fi.at when three-fourths of the faid tickets are fold the- draw- 
imt of iluoi.ii i I -ut'.-t \ 'h. .1! coir.ntence, u;iJi-r the management of faid Commiffioners, they giv- 
i inr yodavt iotn-e in .the. W ilmi-i^to'n Gazette. 

Ul /. ;//,» eitfied, That all nr't7t-s ihall be paid in four weeks after the drawing is fi- 

nifJieft; upon iieir.am! of ihe podelfor of a fortunate ticket ; whieh priy.e lhall be fubject to a de- 
duction often per cent. — and it fuel- prize is ,,ot demanded within fix months after the drawing 
Us fit.iiiie.l. wt which public notice ihall be given in the Wilmington Gazette aforefaid, the fame 
■ ihall 



LAWS of NORTH -CAROLINA. 29 

"1798." 



lhall be considered as relinquifhed for the benefit of faid Academy ; and the nett profits of faid 
lottery or 'lottery (hall be veiled in the Trultees aioreiaid, lor ttic ule ut the laid Academy. 

IV Be it further enabled, That before tlie Commillioners herein appointed, lhall begin to 
act inaurlQaiwe ot this law, they Kail enter into bond with lecurity, to De judged fufficienl by 
the court ot Brunfwick county, lor the turn ot leveri thuuiund pounas, payable 10 the Cnairman 
of the faid Court and his fuccclfors ; which bond (hall be void on condition that they the Com- 
miilioners atorefaid, lhall well and truly perform the truft hereby repoled in them, tuat is to lay, 
that they will without fraud, delay, or other decoction than ten percent, herein pretenbed, pay 
to every fortunate advcn.urcr in faid lottery or lotteries, the prize he lhall draw therein, in the* 
time before mentioned ; and further, that ihcy the'la.d Commilfioners lhall iully and taithtully 
account for all the profits which lhall arife from the lottery or lotteries aioreiaid, in fa* months 
after drawing the lame, to the faid Court or the Court etnuing the lame. 

V Be it further enabled, 1 hat it the Commiihotiers aioreiaid, tail to perform any part ot the 
condition of faid bond, any perfon aggrieved by iuch failure, may without alignment bring futt 
on faid bond, in the name ot the Chairman ot faid Court, in any Court ot record within this 
ftate having cognizance thereof ; and -all fuch funis recovered thereon lhall be to the ule ot the 
perfon or perfJns who lhall fo bring fuit : and the laid bond lhall be lodged with the Clerk ot the 
Court of Brunfwick county, who fhall keep the fame as part of the records ot the Court aioreiaid, 

CHAP. Wit. 
An Aa to ejiahlijh an Academy at Unity Mceting-Houfe, in Randolph county. 

WHEREAS the promotion ot learning tends to the happineis and faiety ot a republican 
government, and the knowledge and morals of the people depend much thereon, and the 
■fituation of Unity Meeting-Houfe, in Randolph county, holds out a profpect ot health and plenty ; 

I. Be h therefore enabled by the General Ajjimbly ofthejiatc of Norths-Carolina, and it is hereby 
'mailed by the authority of the fame, That J edit than Harper, Reuben Wood, Nicholas Nail, 
Archibald M'Bride, Lemuel Snath, and Edmund Waddel, Efquirts, be and they aTe hereby 
■declared to be a body politic and corporate to be known and diltinguiihed by the title of the 
Trultees of Unity Meeting-Houfe Academy, and (hall have perpetuallui-ceilion and a common 
'feal ; and that the faid Truflees and their fucedfors by the name aioreiaid, or a majority of 
them, lhall be able and capable in law to take, demand, receive awd poffeis all lands, goods 
and chatrels that lhall be given them for the ufe of the faid Academy, and the lame apply ac- 
cording to the will of the donor. 

~ " cTh a p. lvTi i " 

An A£l to efablifh a Seminary of Learning on Adams's -creek, in Craven county. 
I. Tl E it ensiled by the General Affembly of the flute of North-Carolina, and it is hereby ensiled 
JJ by the authority oj the Jame, That John 6. Neifon, Benjamin Mafon, Joleph Matters, 
Philip Neale, fen'r. John Carney and Pliiup Neale, jun'r. be and they are hereby conltituted 
and appointed Tfultefcs to luperintend the government of a feminary ot learning on Adams's- 
creek, in the county ot Craven, with full power and authority to receive all donations, legacies, 
or devilcs which may be made to them as Trultees atorefaid, tor the purpofe ot erecting a build- 
ing and itipporting the laid feminary hereby conltituted by the name of Adams's-creek Acade- 
my ; and the Trultees and their fucceliors or a majority of them, are hereby empowered to 
afk, demand, fue tor, recover and receive from all perrons-, any fums of money or other pro- 
perty, real as Well as perlonal, to Which they may be entitled by donation or pnrchafe, with 
full power to apply and ufe the fame as to them 11 1 a 11 fcem belt adapted lor the advancement of 
faid leminary and the promotion ot virtue and learning. 

II. And be it further enabled, That the faid T'ruflecs or a majority of them (who in all cafes 
are conltituted a quorum) lhall make choice of fome tit lituation on Adams's creek, whereon to 
erect the buildings necellary for faid feminary. 

III. dnd be it further enabled, That when any of the faid Truftees named in this act fhall die, 
remove or refign, a majority of thofe remaining^ fhall have full power and authority to appoint 
others in the room of thole fo dead, removed or refigned. 

I V. And be it further enabled, That the faid Truftees and their fuccefibrs, are hereby appoint- 
ed a body politic and corporate by the name of the Trultees of the Adams's-creek Academy, and 
fliall be able and capable in law to aft and do all things whatfoever for the promotion of faid fe- 
minary, in as full and ample manner as any body politic or corporate can or may by law. 

"" ch'a p. lix~ ' ' 

Act more effeilualfyfo compel the attendance of jurors for the Superior Court of the diflritl of 
Wilmington, and to increafe the number thereof ; alfo to appoint temmiffitners for the purpofe of 
calling to account thofe perfons zvho have heretofore received the tuxes paid for building a Goal 
and Court-Houfe in faid diflritl. 

WHEREAS the fine at prefent fixed for non-attendance of Jurors to the Superior Court 
of Wilmington di[tri£t, has proved inadequate, and ihe riitnLer ot Jurors appointed to 
attend the fame, are not fufrkient ; 

, I. Be it mailed by the General Affembly of the Rate of North-Carolina, and it is hereby enabled 

H by 




LAWS of NORT H-C AROLINA. 



by the authority of the fame, That the coiinty Courts of the faid diftrict be and they are hereby 
empowered and required to appoint the following number ot Jurors from their refpective coun- 
ties, agreeably to the mode prefcribed by law, at each court immediately preceding the Supe- 
rior Court of Wilmington diftrict, viz. New-Hanover fourteen, Brunfwick feven, Onflow 
feven, Duplin feven, and Bladen feven, which Jurots lhall be under the fame regulations and 
rules ^except as to pay, as herein after mentioned) as other Jurors in this Hate. 

•II. Altd be it further enabled, That every Juror who lhall hereafter be appointed to attend 
the Superior Court ot Wilmington diftrict as above mentioned, and ihall tail to appear accord- 
ing to the fummon's and give his attendance, (lull be Subject to the lame fines as hcrciutore iin- 
pofed by law. 

III. And'be it further enabled by the authority aforefiid, That Benjamin Smith, John Waddel, 
Thomas Kenan, John Fullwood and James Walker, jun'r. be and they are hereby appointed 
a Board ot Commiffioners' to examine into the expenditures ot the taxes heretofore laid for the 
purpofe of building a goal and court-houfe in faid diftrict, and they or a majority of them are 
'hereby authorifed and required to call to account On or before the fir It day of April next, all for- 
mer Commiifioners or other perfons who did or ought to have received taxes tor the purpofe of 
building faid goal and court-houfe ; and in cafe of failure orretulal to fettle and pay up any ba- 
lance tha't remains or may be due, the faid CommiffioiTers or a majority ot them are enjoined 
and required to recover the fums In due from fuch perfons and their reprefentatives, at the en- 
fuing Superior Court of laid diftrict, by judgments to be entered up in the fame manner as, is 
.prefcribed for the recovery of public taxes, which the (aid court is hereby authorifed and re- 
quired to grant ; which money (hv.ll be paid to fuch perfon as the faid Commiifioners or a ma- 
jority of them fhall appoint to receive the lame, which lhall be applied as by them directed for 
the purpofe of repairing faid court-houfe : and it any member of faid BoaTd fhould die, neglect, 
or reiufe to act, the Board or a majority of them are hereby empowered to elect another perfon 
or perfons to act in his or their place, regard being had to the county. 

IV. dud be it further enabled, That it ihall be the duly of the ComtniiTioncrs herein firft 
named, to call a meeting of faid Commiifioners, to be held in the town of Wilmington, on or 
before the firll day of February next, which they (hall advertife in the Newfpa.per publifhed in 
the townot Wilmington, two weeks previous thereto. 

V. And be it further enabled, That all acts and claufes of acts coming within the meaning 
and purview of this act, be and the fame are hereby repealed and made void. 

' C H A P*. LX. 

An Ait to repeal an atl entitled " An ad making compenfathn to the county Court Jurors for the 
counties of New-Hanover, Surry, Stokes, Randolph, Chatham and Buncombe," fo far as relates 
to the county el Buncombe, 

I. BE it enailcd by the General Afftmhly of the Jl ate of North-Carolina, and it is hereby enabled 
JL3 by the authority of the J awe, That the before recited act fo tar as it relates to the county 

ot Buncombe, be and the lame is hereby repealed and made void ; any law to the contrary not- 

withflanding. 

CHAP. LXI. 

An Act allowing compenj ation to the Jurors of Rutherjord county Court, av.d authorlfing faid Court 

to levy a tax to dij charge the J time. 
I. "DE // enabled by the General . .fcinlly of the fate of A orth-Carolina, and it is hereby enabf- 
JLJ ed by the authority of tie fame, 1 hat the Jurois attending the county Court ot Rutherford, 
fhall hereafter be allowed the fum of four (hillings lor each and every day that they fhall attend 
on public bulinels, and Jour (hillings for every thirty miles travelling in going to or returning 
from faid Court. 

II. And be it further enabled, That the faid county Court fhall be authorifed to levy and lay 
a tax 0:1 the citizens ot their county, equal to pay oil" and difchargc faid allowance, not exceed- 
ing one (hilling on each poll, and tour pence on each hundred acres ot land, and one (hilling on 
each hundred pounds value of town property, per annum ; which faid tax (hall be under the di- 
rection of the Court, collected by the Sheriff in the lame manner as other county taxes, and ac- 
counted tor by him to the Truitee of faid county, tinder the fame rules and regulations, and by 
him paid to the different claimants on the production ot their certificates, and lhall be allowed 
therefor in the fettlement of his accounts. 

III. And be it further enabled, That the Clerk of faid Court (hall at the end of each feffion, 
make out a certificate-to fuch Juror, and for which he fhall be paid eight pence. Provided al- 
ways, That this law ihall not take effect until a majority ot the acting Jutliccs in faid county do, 
approve ot the fame, and order a tax to be laid as atorefaid. 

c h a pTTxTi" 

An Act to amend an abl entitled " An ail to amend an ail to regulate and fix the price for infpc8ing 

and coopering tobacco at Fayctlcville," paffed in the year one thoufandjeven hundred and ninety -one. 
I. TJ E, it enabled by the General Affem'bly of the fate of North-Carolina, audit is hereby enabled 
"' by the authority of the fame, That if one of the Infpeftors of either of the tobacco waie- 

houfes 



LAWS of N O R T H-C A R G L I N A. 3r 

"1798. 



houfes in Fayetteville, fhoulcl at any time be abfent, it /hall and may be lawful for the Infpector 
that may be alone to call on any one of the others for the pnrpofe of infpecting tobacco which, 
inay come to laid ware-houfe ; any law, ufuge or eultom to the contrary notwithstanding. 

CH AlCLXIIL ' ' 

An Act to eflablifh an uniform time of receiving lijis of taxable property in the county of New-HatP- 

over. 

WHEREAS great inconvenience arifes tinder the prefent mode cflablifhed by law for re- 
ceiving hits ot taxable property : Therefore 

I. Be it enacted by lb, General Ajjembiy of thejiate of North-Carolina, and it is hereby enacled 
by the authority of .the fame, That from and after the palling of this ad, the feveral Jultices ap- 
1 o nted by the county Court ot New-Hanover to receive lilts of taxable property, lhall be ap- 
pointed as tifual, that is to fay, one Julticc for each Captain's diltricl, and when fo appointed-, 
each and every of them (hall give at lea-It ten days notice by advertilement in the molt public 
places in their refpective diftvicts, that they will attend, that is to fay, the Jultices in the upper 
part of the county at the annual elefiion which will be held at Long-Creek, in Augult in every 
year ; and the Jultices in the lower part of the county-, at the annual election which will be held 
in the town of Wilmington, in Augult in every year, for the purpofe of receiving lilts of taxa- 
ble propel ty as aforelaid. 

II. And be it further enacled, That the feveral Juftices appointed to receive lilts of taxable 
property aforelaid, lhall alio give notice by advertilement in their refpective diilridts for which 
they ill al I be appointed, that on fome certain day and place to be fixed on by thcmfelves, but 
within fifteen days after the elections aforefaid, they will attend in order to receive the lifts of 
taxable property of fuch perfons who could not by ficknefs orior fome other reaJor) attend at the 
elections aforelaid ; and all peribn or pefforfs failing to make return of his, her or their taxable 
property at one or the other pla-ccs aforefaid, lhall be liable to pay a double tax, which fhall be 
■collected in the manner already prelcnbcd by law ; unlels fuch perfon or perfons; lo failing as a- 

forelaid, (hall make good and fiifricient exctile upon affidavit at the next fucceeding county Court, 
the fulficiency of which exctile lhall be adjudged ot by laid Court. 

III. And be it further enaticd, That when by ficknefs, accident or otherwife, any of the Juf- 
tices appointed as aforefaid to receive 1 Its ot taxable property, fhall not attend at the elections 
aforelaid, any of the Jultices appointed lhall, and they or any of them are hereby authorifed and 
empowered to receive the lifts ot all .perlons whether they refide in his own diltricl or any other 
diltrict. Provided always, That the J ultices receiving the lifts of any perfon or perfons not liv- 
ing within their own diltrict, lhall make return of all fuch lifts to the Jullice in whofe diftric"t 
fuch lift ought to have been returned, and within five days after he (hall have received the fame. 

IV. And be it further enacled, That all acts or parts of acts that come within the purview and 
-meaning of this act, are hereby repealed and made void. 

(J Jl A P. LX1V. 

An Act to prevent the collcclion of taxes for the year one thoitj and J "even hundred and ninety-eight-, 
on the buildings which ivcre in the town of If ilmingion on the firfi day of April leiji, and have fine e 
been conjuvieA by fire, and on the lots ivbcrcon'the jaid bmidings ivire fituated. 
I. "O E lt engiled by the General Afjembly of the Jt ate of North-Carolina, and it is hereby enacled 
AJ by the authority 0/ tie fame; That no taxes ot any kind or nature whatever, whether pub- 
lic or priva.e, (hall be collected or received on the. buildings which were in the town of Wil- 
mington on the tirft day of April hit, and have fiuee been confumed by fire, nor on the lots 
whereon the faid buildings were fituated, tor the. year one thoufand feven hundred z.nd ninety- 
tight ; anv law, uf::ge or cnflom to t lie contrary notwithllantlingj 

~ "~cinrp. lxv^ ' 

An Act for the purpefes therein mentioned, relative to the'sivn of hh'ilmingfon. 

WHEREAS thelength ot timegiven tothe proprietors of wet lots in the town of Wilming- 
ton to drain the fame, jitter the order of the Commiflioners to that effect, tends to defeat 
the intention of the law : And as the draining ot fuch lots will be highly conducive to the health 
of the inhabitants, 

I. Be it enacted by the General Affembly of the flat e of Nirth-Carolina, and it is hereby ensiled 
by the authority of the Jamc, That the Commiflioners of the faid town or a majority of them, 
lhall and they arc hereby directed to order the proprietor or proprietors of any wet lot or lots in 
faid town, to make proper drains or water-courfes through the lame within one month from the 
time fuch proprietor or proprietors lhall have notice of fuch order, to be ferved upon hint, her or 
them in writing,' to be (igned by the faid Commiflioners or a majority of them, or their Clerk ; 
and if it is not practicable to drain fuch lot or lots in fuch time, the laid Commiflioners fhall al- 
low fuch further time as may be necefiary, to be judged of by them, for the proper draining of 
fuch lot or lots ; and any perfon neglecting or refufing to obey fuch order, fhall forfeit and pay 
a fum not exceeding five pounds for every month he, fhe or they lhall neglect or rcinfe, to be ap- 
plied to the ufe of the town. Provided always, That the proprietor or proprietors of any fuch 
wet lot or lots may ufe any other method for making the fame dry and wholefome, provided the 

fame 



3 2 LAWSofNORT H-C AROLINA. 



1798. ~~ 

*-v"* fame be done within the time limit ted, and in fuch way as to anfwer the intention of Rich order. 
And the faid Commifiio .ers or a majority of them, (hall have power and authority 10 order the 
proprietor or proprietors of any lot or lots through which any public water-courle ot faid tuwn 
may run, to clear out fueh water-courfc whenever the fame may be necellary, the faid Com- 
milfioners tirlt giving notice to the proprietor ot fuch wet lots, and allowing a length of time 
not exceeding a month tor fuch purpole ; which order fuch proprietor or proprietors mall obey 
under a penalty not exceeding five pounds, to be applied to the ule ot the town. 

"II. And be it further enaclcU by the authority ujorefaid, That the laid Commiffioners or ama- 
jority ot them, (had have power and authority to examine any cellar or cellars or other place in 
laid town whLh may be ful'pefted to be in a ftate to produce unhealthinefs s and to make fuch or- 
der relative thereto as muy tend to prevent or remove the evil intended to be guarded againft or 
remedied ; which order the proprietor or proprietors ot the lot or lots lhall obey under a penalty 
not exceeding rive pounds for 'every month fuch proprietor or proprietors may negledt or refufe, 
to be applied to the ufc of the town : and if any perfon (hall hinder or refufe to permit the faid 
Commillioners or a majority of them to'exatrrine any cellar or cellars or other place as aforefaid, 
the perfon fo hindering or refilling lhall forfeit and pay twenty (hillings for every offence, 10 be 
applied as aforefaid. And as it is juit and equitable that .perfons poifelJed of taxable property in 
faid town Ihould pay the fame poll tax as other perfoiis, 

III. Be it emitted by the authority aforefaid, That the CommifTioners of the faid town in lay- 
ing -a poll tax (hall tax the perfon having taxable property in faid town and redding therein, al- 
though "the fame may exceed the value ot one hundred pounds, in like manner as other perfons 
in faid town now fubject toa poll tax, and th-at Rich tax (hall be equal and alike, one perfon 
ftibjcft to a poll tax to pay no m.ire tlia.i another : and it the poll tax tor the year one thdufand 
feven hundred and ninety-eight is already laid, and the fame beoi'herwife than herein directed, 
the fame (hall be altered by the faid Commillioners or a majority of them, and laid agreeably to 
this aft, and collected as prefcribed by law. Provided always, That this act (hall not extend nor 
be conltrued to extend to the tax colLcf ed on (laves permitted to hire t'hemlelves out in faid town, 
under the regulations heretofore efla'blilhcd by lav.'. And whereas by the txilting laws of the 
faid town, (laves under certain regulations are permitted to hire them'fel'ves out, and under cer- 
tain reltrict ions to be hired out by their owners refitting in laid town, and therein to excrcife a 
trade tinder the immediate direction of ftuh owner ; and as it is fometi'mes out of the power of 
the owner or mailer or perfon having the management ot any fuch (lave to .prove the ferviec per- 
formed by fuch Cave, and ot the hirer Or employer of Rich flave to .prove the payment for fuch 
fervice, 

IV. Be it enacted by the authority aforefaid-, That in all cafes of difpu'fe between the owner 
or mailer or perfon having the management of fuch Have and the perfon or perfons hiring or em- 
ploying fuch flave, it mall upon trial be incumbent on the plaintiff to make proof as in other ca- 
fes, if he or (lie can ; and if fuch plaintiff cannot-, and (hall fay fo upon Oath, the defendant (hall 
then upon oath declare the time Rich (lave may have been in his employment, and the kind of 
employment, and upon what terms ; and if fuch defendant (hall upon trial alledge to have paid 
for the fervice of fuch (lave or any part thereof, and cannot as in other cafes prove the fame, and 
(hall fay fo upon oath, the plaintiff lhall then declare upon oath whether he or fhe has received the 
monies due for the fervice of fuch (lave or any part thereof, and what part. 

V. And be it further enacled by the authority aforefaid, That when any perfon authorifed by 
faid Commiffioners to colleft town money lhall not pay the fame to the faid Commillioners at the 
time fuch payment ought to be made, and if any perfon who has heretofore been collector of faid 
town money and has not fettled and paid up, it lhall and may be lawful for the faid Commiffi- 
oners, and they are hereby directed to apply to the county Court of New-Hanover for judgment 
again!! fuch collector and his fecurities, if any, for fuch monies that ought to be in his hands ; 
which judgment the faid Court (hall grant at the fame term application is made. _ Provided al- 
ways, That fuch colledor (hall have five days notice in writing of Rich application previous to 
the fitting of faid Court, and that fuch Collector (nail be allowed for infolvents and all other 
juft and rcalonable allowances, to be judged of by faid Court. 

VI. And be it therefore enaGed by the authority aforefaid, That the Commiffioners of the faid 
town (hall on the third Monday ot December in every year, publiih at the court-houfe in faid 
town, an account of the monies by them received and which they ought to receive, and how 
Rich monies accrue, and how they have difpofed of the fame, particularly fpecifyingto whom pay- 
ments may be made, and what for, under the penalty often pounds, to be paid upon convidion 
in New-Hanover county Court, or WilmingtondiltriCl Superior Court, upon indictment or pre- 
fentment of the Grand-Jury, and applied to the ufe of the poor of the county of New-Hanover» 
in faid town. . .. 

VI I . And be it further enailed by the authority aforefaid, That forfeitures under this aft (hall 
be recoverable by warrant as prefcribed by the fourth feaion of an aft paffed in the year one thou- 
fand (even hundred and ninety-five, entitled '* An aft for the better regulation of the town ot 
Wilmington," except where another method is herein directed, faving the right ot appeal to 
New-Hanover county Court : and if any perfon fhall in any cafe whatever think himfelt aggriev- 
ed or injured bj the decifion of faid county Court, fuch perfon may appeal to the Superior Court 



LAWS of NORTH-CAROLINA. 33 



for Wilmington diftrift, which the county Court fhall grant upon the perfon applying, giving 
bond and fecurity as in other cafes. 

VIII. And be it further enacled by the authority afore/aid, That the Commiffioners of the faid 
town lhall not enforce their orders or lay a penalty exceeding five pounds. 

IX. And be it further enacled by the authority afore/aid, That all laws and parts of laws com- 
ing within the purview or meaning ot thisact, lhall be and the fame are hereby repealed and made 
void. 



C~ HA P. LXVI. ' 

An Aft for the further regulation »f the Town of Nciubern. 
I. T5E it enacled by the General AjJ'cmbly of the Jlate of North-Carolina, and it is hereby en- 
Jl3 ailed by the authority of the jcime, That the Commillioners ot the town of Newbern 
are hereby authorifed and required to ere£l fire companies in faid town, and to oblige the inha- 
bitants to keep a fufficient number of fire buckets with their names thereon, to be ready in cafe of 
fire. 

II. And be it further enabled, That when any alarm of fire fhall be given, all perfons inhabit- 
ants of faid town, liable to do militia duty, thofe exempted by age only excepted, fhall be bound 
to repair to faid fire, taking with them their fire buckets, and there render their alliltance tor the 
extin u uifhment of faid fire and other fervices incident thereto, under the direction of the officers 
of the fire companies, under the penalty of forty fhillings for every neglect or refulal, for the 
ufe of the town. Provided, That if faid perfon fo failing make rcafonable excufe on oath for 
fuch failure, he fhall be releafed from fuch penalty. 

III. And be it further enacled, That in cafe of a fire breaking out and fpreading fo as immi- 
nently to endanger or threaten the dellru£f ion of the adjoining houfes, two of the officers of the 
fire companies together with one or more ot the Commiffioners of faid town, or one or more 
Jultice of the Peace, fhall, and they are hereby declared to be veiled with full and complete 
power and auhthority to direct, and caufe inch houfe or building or any adjoining one to be blown 
up with powder or otherwife deltroyed, to prevent the flames from fpreading, and lhall not be 
held or deemed refponlible or liable for any lofs^or damage fuftained thereby. 

IV. And whereas the eftablilhment of a night watch would tend to the fafety and fecurity of 
the mercantile as well as the landed intereft in faid town, Be it therefore enacled. That the faid 
Commiffioners are hereby authorifed to levy a tax on each fhop-keeper or perfon retailing goods 
or merchandize not more than tour pounds, nor lefs than one pound, in any one year, which tax 
fhall be applied together with a fum raifed for that purpofe by a tax on the lots and polls of faid 
town, in manner as heretofore by law diredled, as a fund for the fupport of a night watch, pro- 
curing engines, public ladders and lamps. Provided neverthelefs, That if faid Commiffioners 
fhall be of opinion that it would be more convenient and agreeable to the inhabitants of faid town 
to perform the fervice of watching in companies of themlclves than to hire a watch to be paid by 
a tax levied as above, the faid Commiffioners in fuch cafe are hereby empowered and required to 
clafs the faid inhabitants in companies tor the purpofe of watching, ot fuch number that no per- 
fon fhall be called on or be fubjecl: to perform fuch duty more than one night in any one month. 
And if, during the continuance of fuch regulation, any perfon duly notified of the night on which 
the clafs to which he belongs is to watch, lhall neglect, to attend at the hour and place appointed, 
and duly to watch during faid night, fuch delinquent fliall forfeit the fum of twenty Ihillings. 
Prjvided always, That it may be lawful tor any perlon not willing to perform fuch perfonal fer- 
vice of watching, to difcharge himfelf therefrom by the payment ot ten fhillings for each month 
faid regulation lhall continue ; which faid payment fliall be made On the firlt day of the month, in 
order that faid Commiffioners may have due time to hire fit perfons to watch in the (leadof thofe 
fo declining to ferve. 

V. And be it further enacled, That the Commiffioners of faid town, at their firft meeting af- 
ter the paffing of this adt, and at the firft meeting after their annual election hereafter, fhall ap- 
point fome one of their body to act as Intendant of Police of faid town until the fucceedipg elec- 
tion, whofe duty it fhall be to fee the ordinances duly and faithfully executed, and punifh offen- 
ders ; and he is hereby authorifed to iflue his Warrant directed to the Sheriff or Conftable of Craven 
county, to bring the offenders againft the rules, regulations and ordinances of faid town before him, 
and on iheir conviction, which fhall be in the manner of trials before J u ft ices of the Peace, the faid 
Intendant is hereby authorifed to give judgment and execution agreeably to the laws heretofore ef- 
tablilhed for the improvement and government of faid town. 

VI. And be it further enacled, That the faid Commiffioners fhall not for any one breach of 
their ordinances have power to levy a greater penalty than five pounds, and all fines levied and 
collected under their authority, fhall be for the ufe of faid town. 

VII. And be it further enacled, That the Commiffioners of faid town he and they are hereby 
authorifed to open a ftreet from Pollok-ftreet to Neufe road, by continuing George-ftreet through 
lots number three hundred and eighty-one on the eaft fide thereof, and lot number two hundred 
and eighty-five parallel with the we'.tern line of lot number three hundred and eighty ; and the 
faid Commiffioners are hereby authorifed to convey to the proprietors of faid lots, fuch part of 
Queen-ftreet as may be between Broad-ftreet and Pollok-ftreet, not included in Jones-ftreet 

I when 



■— 



3+ L A W S of N O R T H-C A R O L I N A. 

-79 8, . . . . 

Uy-> wlien continued, in conflderation of the faid proprietors conveying fortheufe of the town, fuch 

part of laid lots as may be taken off by jones-ftreet when continued to Neufe road. 

C H A P. LXVIL 

An Acl for the better regulation of the Tstvn of Edenton. 

WHEREAS the laws heretofore made tor regulating the town of Edenton, have proved de- 
fective and inconvenient ; 
I. Beit enailed by the General AfJ'emhly of the fiate of North-Carolina, and it is hereby enacted 
by the authority of the fame, That hve Commiilioners for the town of Edenton (hall as formerly 
be annually chofen on the firlt Monday in April, and the Sheriff of Chowan county or his depu- 
ty, firlt giving ten days notice, is hereby required to attend at the cotirt-houfe on the fame day 
and at the hour of ten o'clock in the morning, to open the poll and receive the tickets in the 
prefence of two Inlpeclors b«;ing freeholders of laid town, and when the election thai I he finilhed 
fuch returning officer and Inipeetors (hall, in the prefence of fuch perfons as choofe to attend 
■examine and number the ballots, and the perfons having the greateit number ot ballots lhali be 
declared duly clecled, but when any two or more perfons (hall have an equal number of votes, 
the returning officer (hall have the calling vote, but (hall not in any other cafe whatfoever give 
his vote, and (hall proclaim the Commiilioners for the enfuing year, under the penalty of fifty 
pounds for every neglect or refufal, to be recovered by action of debt in the Court of Chowan 
county, by any perlon who (hall fue for the fame, in one year after fuch refufal or neglect, one 
half to the profecutor, the other half to the Treafurer of the town for the ufe of the town ; and 
the Commiilioners fo chofen, fhall before they enter on the execution of their office, take the 
following oath: " I, A. B. do fwear that I will faithfully difcharge the office of Commiffioner 
for ■ he town of Edenton agreeably to law, and to the belt of my knowledge and judgment SO 
HELP ME GOD." 

I I . And be it further enacted, That no perfon (hall be deemed qualified to ail as Cotnmiffioner 
of the town of Edenton, unlefs he has a lot or piece of ground in his own right in fee, in the faid 
town-, valued with the improvements thereon, at one hundred and -fifty pounds ; and that all the 
freemen who have been inhabitants of faid tovrn twelve months next before and at the day of 
■s.euiun, and fhall have paid public taxes finee their refidence therein, fliall be entitled to vole 
for the Com mi (lionets ot the faid town, and no others. 

III. And be it further cnafted, That the Cemmillioners fliall appoint one of their body to a& 
as Treafurer of the town tor that year, to receive and account for the town monies, for which a 
regular ' entry Hi ill be made in a book kept for that pnrpole; ami upon the appointment of a new 

. Treafurer the old one (hall immediately pafs his accounts with him, and pay and balance that 

■which may be in his hands. Provided, Thai before fuch Tre-fcfurer enters on his office, he (hall 
give bond with approved lecirrity to the Commiilioners, for the faithful difcharge of his duty. 

IV. And be it further mailed, That the Commiilioners of the faid town lhall appoint a pro- 
per perfon 10 be iheir Clerk ot faid town, to ad as fuch during their pleafure, who (hall be al- 
lowed a rcafonable (alary, and enter into bond to the Commiffioners and their fuccejTbrs, with 
fufficient fecurity, in the fum of two hundred pounds, for the due and faithful execution of his 
office and the irtiit repofid in him lor the fate keeping of the books and papers put into his care 
and keeping, a regular and tair journal of the proceedings ot the Commiffioners during his con- 
tinuance in office, and all perfons (hall have tree accefs to the journals and papers on paying two 
ill ill ings to the Clerk, under the penalty of forty (hillings for every refufal, to be recovered be- 
fore a Jufticeof the Peace for the county ot Chowan, by any perfon who fhall fue for the fame 

* within one month after fiKh refufal, one half to the profecutor, the other half to be paid to the 
Treafurer of the town, for the ufe of the faid town. 

V. And be it further enabled, That the Commiffioners of faid town fhall be and they are here- 
by incorporated into a body politic and corporate by the name of the Commiffioners of Edenton, 
and by that name to have annual fucceifion by the election of the freeholders and freemen as by 
this act directed, and a common feal ; and that thej and their fuccefibrs by the name aforefaid, 
fliall be able and capable in law to have, purchafe, receive, pofl'efs and retain to them and their 
fucceifors torever, in trult tor faid town, any land, rents and tenements of whatfoever kind, na- 
ture or quality, and alfo grant, demife, alien or dilpofe of the fame ; alfo to receive and take a- 
ny gift or donation whatfoever to faid town •, and alfo by the fame name to fue and implead, be 
filed and impleaded, anfwer and be anfwered in all Courts whatfoever ; and from time.to time 
and at all times hereafter, under their common feal, to make fuch rules, orders and regulations as 
to them lhall feem meet, for repairing the (treets, erecting public pumps and wharves, regulating 
market places, weights and meafures, and the price of bread once in every month according tothe 
price of tl'iur, to eaufe all nuifances to be removed from private lots, to appoint twelve perfons 
annually, it) the month of Apri!, inhabitants of faid town, whole duty it (hall be to work the fire 
engine at lealt once in every month tinier the penalty of twenty (hillings for each neglect, which 
perfons h ill be exempt (except in cafe of infurrection or inva(ion v from all other public fervice3 
(firing the continuance of their appointment, to alter or deftroy chimnies, and to make fuch o- 
ther regulations as neceffary to avoid the destruction of houfes or other property by fire, to pre- 
vent nogs and goats running at large, difcliargiiig of fire arms (except on multer days or other 

public 



LAWS of N O R T H-C AROL1 N A. 35 

public fervice,) and draining of horfes in the flreets, and fuch other rules and ordinances as may ' 
tend to the advantage ami good government ot. laid town, and full power to enforce a compliance 
and obfervance to all Inch rules by laying fines and peralties not exceeding five pounds tor each 
offence, and the expences of the Commillioners in carrying Inch rules and ordinances into effeft, 
and in cafe a ilave ihall be the offender, not exceeding twenty ladies, warrants to iffue in all ca- 
fes from the Commiffioners and be tried betore a Magiltrate, fubjedt to appeal by either party. 
Provided, That fuch rules and ordinances are not inconliltent with the conllitution and laws of 
the land. 

.VI. And be it further enatfed, That if any of the Commiffioners before the annual election, 
fhould die, remove out of the town, or refute to aft, the remaining Commillioners fhall elect 
and choofe others ; which laid Commillioners fo chofen and qualified, lhall ha.vc the fame pow- 
«rs as the Commiifiontrs by this aft appointed. 

VII. And be it further tnafted, That the CommilTioncrs fhall annually levy a tax not exceed- 
ing the rate of ten {hillings on each hundred pounds value of taxable property within faid town, 
and a poll tax of ten {hillings on all free perfons liable to a public poll tax, which tax {hall bo 
collected by the collector of public taxes, who fhall give bond and fecurity to the Commiffion- 
ers, in the fum of three hundred pounds, for the faithful collection and payment of the fame to 
the Trcafurer of the town, on or before the full day of November, in each year, deducting fuch 
commiflions as are allowed tor the collection of public taxes ; and on refulal or neglect to ac- 
count tor the fame, it lhall be lawful, oh motion of the Commillioners or Treafurcr, for the 
Superior Court of Edenton diltrict, or county Court of Chowan, to give judgment and award 
execution againlt the body, or goods and chattels, lands and tenements of faid collector and his 
ie-curities. Provided, That fuch collector lhall have ten days previous notice of fuch motion. 

VIH. And be it further enaRcd, That every owner (or his agent) of taxable property in faid 
town, lhall annually at the time he or ihe (hall give in his or her taxable property, tobeaffign- 
cd tor the ufe of the ftatc, diltinguilh in the litt kq or the fhall return what part thereof is fitu- 
ated within faid town ; and if any owner lhall tail fo to do, the Commillioners lhall and may or- 
der the town tax to be levied for the double of the amount of the taxable property of the perfon 
fo tailing as atoieiaid ; and if any perfon liable- by this act fhall refufc or neglett to pay the faid 
tax, the collector lhall levy the fame by diilrelsaud lale of laid perfon's goods and chattels, lands 
and tenements, and receive twenty lhillings for each d i ft re t s and no more, and the faid Com- 
miffioners arc authoriled to grant deeds for any lot or lots fold as above. 

IX. An^. whereas many difficulties have arofe relpecling the lines defcribing the lots in faid 
town : For remedy whereof, Be it further cnaElcd, That after the palling of this aft, the pofts 
Handing at the four corners of King and Broad-ltreets, lhall be the proper ltation to begin the 
admeafurement of the lines each way of all lots in faid town, 

X. And be it further enailed, That the Commiffioners may rent out all public lots, or com- 
mons, or buildings, on leafe for any term not exceeding fifteen years. 

XI. And be itjurther enaElcd, That >' {hall not be lawful tor any {lave in the town to hire 
him or herfelf out, or exercife any trade or occupation without full producing a permiflion in 
writing, from the owner or other perfon having the management of fuch (lave, directed to the 
Commillioners of faid town, who tliall thereupon (it there is nojult caufe to the contrary) caufe 
the faid permilfion to be filed, and 3 licence under their hands a,nd,feals deliver-to Inch ilave to 
hire him or herfelf out tor any term not exceeding twelve months ; and each owner ot fuch Ilave 
fhall pay or caufe to be paid to the Clerk on delivery of the licence, a fee for his own ufe of one 
ihilling for each licence, and to the Trcafurer for the ule ot the town, the following fums, 
for each woman Have one Ihilling per month, for each labouring man one (hilling per month, 
and each tradefman two {hillings per month, which fums fliall be paid in advance agreeably to 
the length of time for whkh the licence may be granted : and if any perfon lhall fuffer his or 
her Have to hire him or herfelf out, or follow any trade or occupation contrary to this act, fuch 
perfon lhall for each offence forfeit and pay the furn of five pounds, one half to the profecutor, 
the other half to the ufe of the town ; and if any ilave fliall hire him or herfelf out without con- 
fent of his owner, fuch Have lhall receive not exceeding twenty lathes. Provided, That nothing 
herein contained lhall extend or be conAiued to prohibit any perfon or perfons from hiring out 
their Haves, or employing fuch Have in exercifing any trade or occupation under the immediate 
direction of their owners, fo that fuch Have be not permitted to receive the wages contracted for, 
but in all cafes the owner or the perfon having care ot fuch Have lhall make the contract and re- 
ceive the monids arifing theretrom. 

XII. And be it further ena&ed, That in all acts of the faid Commiffioners a majority of them 
fliall conftitute a quorum for the purpofes intended by this aft. 

XIII. And he it further enafied, That the Trealurer fhall annually, in the month of April, 
publilh an accurate account of the receipts and expenditures of public money, under the penal- 
ty of ten pounds, to be recovered by any perlon who lhall fue tor the fame, one halt to the pro- 
fecutor, the other halt to the ufe ot the town. 

XIV. And be itjurther enucled, That this act fhall take place and be of effect from and after 
the firfl day ot April next ; and that all acts and parts of adls heretofore made for the regulation 
of the town of Edenton, lhall from and after that dav be repealed and made void. 

CHAP. 



3 6 LAWS o* NORT H-C A R O L I N A. 



i 79 8. 

^r-* _ CHAP. LXVIII. 

An Aft ^«>- /ta bettef regulation oj the Town of Pill/borough, in Chatham county. 
' T^^" " e " a & e d by the General AfJ'embly of ihejlate of hi orth -Carolina, and it is hereby evaded 

JLJ by the authority oj the fame, That Winlhip Stedman, Charles Chalmers, William Scur- 
% locjt, j^.nes BaKer, William Warden, James MalTey, George Difmux and William Bingham, 
be ami ihey are hereby appointed Commillioners of the town ot Pittfborough, in Chatham coun- 
ty ; and that the laid Commiffioners or a majority ot them, (hall have the lame powers and au- 
thorities as were veiled in the Trultees conftituted by an act entitled " An adr. for eftablilhing a 
town on the lands of Mial Scurlock, deceafed, in Chatham county," and are vefted in the Com- 
lrnllioners appointed by an aft entitled " An ad for eftablifhing a town on the lands late the pro- 
perty of William Petty, adjoining Chatham court-houfe," as laid off by theTruftees named in the 
act of the la ft General Alfembly, entitled " An act for eftablifhing a town on the lands of Mial 
i>. urlock, deceafed, in Chatham county, for appointing Commiffioners for the regulation of faid 
tow u, and repealing faid act." And the faid Commiffioners by this act appointed, and their fuc- 
celforv, lhall be and are hereby incorporated into a body corporate and politic by the name of the 
Comnridioners of the town of Pittfborough, and by that name lhall have fucceffion by election, 
in the manner herein after directed, and a common feal ; and they and their fucceffors by the 
liame aio-relaid, lhall b^ able and capable in law to purchafe, have, hold, receive and poflefs to 
them and their lucveifors for ever, in trult tor the faid town, any lands, rents or tenements of what 
kind, nature or quality foever ; and alio to grant, fell, alien, devife and difpofe of the fame, and 
to receive a ,d take any gift or donation whatloever to the faid town, and to fue and be lued, 
plea i and be impleaded, aufwer and be anfwered in all Courts of record whatfoever. And the 
laid Commiftiouers by this aft appointed, or a majority of them, ihali have full and ample pow- 
ti and authority to appoint a Trealurer, Clerk, Couftablc, town patrolcs, and fnch other offi- 
cer as may be neceil'ary ; which faid Treafurer, Clerk and any other officer or officers that the 
laid Commiffioners by this act appointed, or a majority of them may direct, (hall enter into bond 
with fuch (ecurity as they or a majority ot them lhall require for the due and faithful execution 
ol their olfices, and from time to time and at all times hereafter to make fuch bye-laws, rules, 
ciders, regulations and ordinances as may tend to the advantage, improvement and good go- 
vernment of the laid town and town commons, and prevent any encroachments thereupon ; and 
the faid bye-laws, rules, orders, regulations and ordinances, from lime to limeto alter, change, 
amend at d difeontinue, as the faid Commillioners or a majority ot them lhall deem neceffarv ; 
and to entorcea compliance and oblervance to fuch bye-laws, rules, orders, regulations and or- 
dinances, by laying fines and penalties on thofe perfons who refufe or neglect to conform there- 
to., not cxceedi g five pounds ; which faid fines and penalties (hall be recovered by warrant be- 
fore any two ot the faid Commillioners by this aft appointed, in the fame manner as recoveries 
are had before a (ingle Juttice, fubjeft nevertheless to inch appeal of any perfon or perfons who 
flia.l be diiFatisfk-d with the judgment given by any two of the faid Commillioners, to the- coun- 
ty Court ot Picas and Qitarter-Sellions for Chatham county, as by law is allowed in other cafes. 
And if any Have lhall offend againft the faid bye-laws, rules, orders, regulations or ordinances, 
fuch (lace (hall on conviction before any two of the Commillioners, be punilhed not exceeding 
thirty-nine lalhes, 

II. be k further enacled, That in cafe of the death, refufal to aft, or removal above two 
miles out ot the fad town, of any of the Commilfioners by this aft appointed, the inhabitants 
ot the laid town (hall within one month after fuch vacancy, affemble (ten days previous notice 
being firlt fet up at the molt public place in the faid town) and elect fome perfon being an in- 
habitant of the iai ' town, or living not above two miles therefrom, in the room and (lead of 
him fo dying, rehifing to act, or removing as aforefaid ; which perlon fo elected and qualified, 
lhall have the lame powers and authorities as if he had been by this ad exprefsly named and ap- 
pointed. 

Ill Be '•/ further enacled, That the Commiffioners by this act appointed or a majority of 
them, (hail have full power and authority and they are hereby directed and required annually to 
lay a tax not exceeding three (hillings on every hundred pounds value of taxable property with- 
in the laid town, and lo in proportion tor a greater or lefs value of all improved lots, and a tax 
of one (hilling o all and every ot the lots in the faid town which are not improved ; and all and 
every ot the inh.,bi arts ot the faid town who do not pollefs any property therein, and lhall pay 
annually a poll tax equal to the tax on one hundred pounds value- of taxable property in the faid 
town ; which faid taxis lhall be collected by fuch perfon or perfons as the laid Commillioners 
or a majority of them lhall tor that purpofe appoint ; and the collector or collectors to be ap- 
points as amrclail, is and are hereby empowered and directed to collect and make dillrcfs for 
the fame in like manner as collectors of public taxes, and the monies arifing therefrom lhall by 
him or thtm he paid to the Trer.fnrer ot the faid town, to be by the Commillioners thereof, or 
s 'rinjoritv ot them, applied and aid out in fuch manner for the benefit snd improvement of the 
f,i< J ciwf, as thev or a n ajority of them lhall deem necclfary : and ail perfons who have been J 
reftrfent fix monies in the Lid town (hall be deemed inhabitants thereof, and liable to pay taxes 
as afoxefaid. 

IV. And 



LAWS of NORTH- Q a R O L I N 



IV. And be it further enacled, That ft) much of the before recited ac\o and all other a£ls as 
come vvitiiiii tue purvuvv or meaning ot this act, be and are hereby repealed and made void. 

' C H A P.~LXIX. 

An Acl to regulate the TjWii of Concord, in the county of Cabarrus. 
I. T)E it enaiicd by the General Af/embty of thejiate ofi\orth-Carotina, and it is hereby enacled 
AJ by the authority of the fame, That trom and after the palling of tiiis act, the county 
Court ot Cabarrus fhall i.ave lull power and authority, and they are hereby required to appoinc 
three Commiilioners who lhail be ltiled and known by tlie name of the Commiilioners ot the 
town ot Conoid, who fhall have full power and authority to make, ordain and eltablilh lucli 
ruies and regulations tor the clearing out the Itreets and town commons, and for fuch other mat- 
ters and things as the laid Commiilioners may think conducive and proper for the advancement 
and promotion of the laid town. 

li. And be it further enacled, That any perfon or pcrfons violating dr difobeyingthe rules and 
regulations hereby intended to be impofed by the faid Commiilioners, fhall be lubje£t to fuch 
fines and forfeitures, and recovered by fuch means as the laid Commiilioners may think proper 
to eltablilh. Provided always, That the Commiffioners aforefaid, fhall fubmit fuch bye-laws, 
''rules and regulations to the Court of the faid county ; and after being approved ot by mem, and 
advertifed by the Commiffioners aforcfaid, twenty days at the faid court-houfc, lhall be binding 
and obligaiory, and not before. 

CHAP. LXX. 

An Aft to amend an ail entitled " An ail jor the better regulation of the Town o f Germanton, iit 

the county of Stokes," faffed in the year one t houf ana f even hundred and ninety-four. 
I. T) E /'/ enacled by the General A fjembly of thejiate of ' North-Carolina, and it is Hereby enacled 

JD by the authority of the fame, 1'liat Conltantine Ladd, Andrew Bowman, Benjamin For- 
fyth, Anthony Bitting and Ilham Veil, be and they are hereby appointed Commiilioners tor the 
town 'of Germanton atorefaid, who lhall polfcfs all the powers and authorities which the Com- 
miflionevs under the before recited act had a right to enjoy and exercife ; and in cafe any of the 
faid Commiffioners lhouhi die, remove or refule to act, the remaining Commiffioners lhall and 
may elect one or others in the place or room of him or them fo dying, removing or refufing to 
aft, who (hall poffefs the fame powers and authorities as thofe herein before appointed. 

II. Md be it further evdScd, That fo much of the a£l entitled " An aft tor the better regu- 
lation of the town of Germanton-, in the county of Stokes," paired in the year one thoufand fe- 
ven hundred arid ninety-four, as comes within the purview and meaning of this aft, be and the 
fame is hereby repealed and made void. 

"c HAP. LXXI. 

An A£f. to amend an aSl entitled " Anacl to eflablifb a Town laid off at Guilford ceurt-houfe, by 

the name of Martinville." 
I. T)E 't enacled by the General Affembly of the Jlate of North-Carolina, and it is hereby enacled 

-13 by the authority of the fame, i hat trom and after the palling of this aft, the Commiffion- 
ers heretofore appointed for the further defigning, building and Improving of faid toAvn, or a ma- 
jority of them, are hereby required and directed to convene fo foon as may be convenient, and 
fhall thereafter meet fo often as they or their fuccelTbrs in office mav think expedient, in fa : , vil- 
lage, and when convened fhall have full power and authority to pafs luch necellary laws, rules 
and regulations as may be thought meet by the faid Commiilioners, for the better regulation and 
fafcty ot faid town. Provided, That no fuch laws or regulations be inconiillent with the exit- 
ing laws of the ftate. 

II. And be it further enacled, That the before recited aft fo far as it comes within the mean- 
ing and purview of this aft, be and the fame is hereby repealed and made void. 

CHAP. LXXII. 

dn \&. to ejiablifh c Town on Hardy Parker's land on Black river, in the county of New-Hanover. 

WHEREAS the fhuation at the confluence of the widow Moore's cteck and Black river is 
healthy and convenient for trade* and the eftablifhmcnt of a town thereon would beat- 
tended with beneficial effefts : Therefore 

I. Be it enacled by the General Jffcmbly of the Jlate of North-Carolina, and it is hcrebv enacled 
ty the authority of the fame, That trom and after the pafling of this act, James Bloodworth, Pet- 
tigrew Moore and John Devane, be and they are hereby conftituted Commiffioners, with full 
powers and authorities to lay of? and eftablifh a town on Hardy Parker's land on Black river, 
■which faid town fhall be called and known by the name of Parkerfborough. 

II. And be it further enacled by the authority afore faid, That thirty-two acres of land belong- 
ing to Hardy Parker aforefaid, fiiuated as aforefaid, fhall be laid off into lots of one quarter of 
an acre each, with proper ftreets and alleys ; which lots fhall be fold by the Commiffioners to the 
befl advantage, for the fole ufe and benefit of the faid Hardy Parker. Prcvided nevcrthelefs, That 
the right of making titles to the lots aforefaid, fhall remain in the faid Hardy Parker. 

CHAP. 
K 





L A W S of i * O R T H-C AROLINA. 



C H A P. LXXIII. 

An Aft to enlarge the Town of Murfreefborough. 

WHEREAS it is reprefented to this General Affembly by petition of Colonel Hardy Mur- 
free, that he has laid offa number of lots adjoining the town of Murfreefborough, on Me- 
herrin river, part. of which lots he has fince fold, and that it is the wifh of the proprietors of 
faid lots that they fhould become a part of the faid town ; 

I. Be it enacled by the General Affembly of the fate of North-Carolina, and it is hereby enacled 
'by the authority of the fame, That the lota fo laid off or which (hall be laid off adjoining the laid 

town by the laid Hardy Murfree, fhall be deemed and conlidcred as part of the faid town, and 
be fubjeft to the fame rules a/id regulations as the lots heretofore laid oiF by the Commifiioners 
appointed by anaft palled in the year one thoufand feven hundred and eighty-fix, entitled " An 
act for eftablifhing a town on the lands of William Murfree, on Meherrin river, in the county 
of Hertford." 

CHAP. LXXIV. 

An Aft to repeal an afi puffed in the year one thoujand .J even hundred and ninety-feven, entitled 
" An ail to continue in force an ait entitled An ail for the regulation of the City of Raleigh, puf- 
fed in the year one thoujand feven hundred and ninety-four," and to alter and amend the Haft mint 
tioned ail. 
I. "D E it e nailed by the General /Jfembly of the fate of North-Carolina, and it is hereby enacl- 
_L3 ed by the authority of the Jatne, That an act palied in the year one thoufand feven hundred 
aud ninety-feven, entitled " An aft to continue in torcc an ad entitled An aft for the regulati- 
on of the city or Raleigh, palled in the year one thoufand feven hundred and ninetyrfour," b« 
and the fame is hereby repealed and made void. 

II. And be it further enacted, That on the third Saturday in January, in the year one thoufand 
feven hundred and ninety-nine, and on the third Saturday in January; in each and every year, 
there fhall be an eleftion at the court-houfe in the city of Rak/ah, for feven Commifiioners of 
the faid city, under the rules, regulation's and penalties prcfciibed by an aft palled in the year 
one thoufand feven hundred and ninety-four, for the regulation of the city of Raleigh ; ana the 
'Commifiioners fo elected, fhall thereupon qualify ; and the pow.er of the prefent Gommiffioners 
fhall ceafe upon the qualification of the new ones duffers as aforefaid, or a majority of them. 

III. And be it further enacled, That the faid Commifiioners or a majority of them, fhall an- 
nually levy a tax not exceeding ten millings on every hundred pounds value of taxable property 
within the faid city 4 and a poll tax not exceeding ten fhillings on all perfons who lhall have re- 
fided fix months in laid city. 

IV. And be it further enacled, That fd much of the aforefaiil adl, paffed in the-vear one thou- 
fand feven hundred and ninety-four, for the regulation of the city of Raleigh, as is repugnant 
to this law, bo and the fame is heTeby repealed ; and all and every other part of faid act is here- 
by continued in lorce and made perpetual. 

— C H A P~~tXXVr~ "~~ . ' ' ' 

An Aft to empower the Commiffioners oj the City of Raleigh to lay off and appropriate part of the 

public land adjoining the faid City, for a burying ground. 
I. XJE it enaled by the General Affembly of the fate of North-Carolina, and it is hereby. enabled 
_i3 by the authority of the fame, That the Commifiioners of the city of Raleigh, be and they 
are hereby authonfed and empowered to lay off and appropriate a lot not exceeding four acres of 
the public land adjoining faid city, for the fole and exclufive ufeand purpofe of a public burying 
ground ; which lot of ground when fo laid off and recorded in the books of the Board of Com- 
miffioners aforefaid, fhall be for the fole life aforefaid, and no other. 

CHAP. LXXVI. 

An Aft to repeal an ail entitled " /In ail to appoint Commiffioners to purchife land for a town and 
town common, in the county of Rockingham, by the name of H'cntworth, and for cfublilhing the 
courl-houje in faid town" 

WHEREAS the operation of the before recited aft is contrary to the wifh of a majority of 
the inhabitants in faid county, ?.nd having by their petition folicited this General Af- 
fembly to repeal the fame, and to have a town laid off at the prefent court-hqufe, on the lands 
of Robert Gallaway, Elqtiire ; 

I. Be it enacled by the General Affembly of the fate of North-Carolina, and it is hereby enail.ed 
by the authority of the fume, That the before recited act and every part and claufe thercot be and 
the fame is hereby repealed and made void. 

II. And whereas Robert Gal : av\ay hath fignifk-d his willingnefs by an inflrument in writing 
under his hand and fcal, to bellow to the uie ot the county one hundred acres of land to be laid 
out and erefted into a town and town common ; Be it turll cr entitled by the authority aforejaid, 
That William Bethell, Jofepli Clark, J.unes Pairkke, Nathaniel Scales and Joihua Smith, 1 
Efquires, he and they are hereby appoineci Truftees and Dirtftors for the defigning and laying 
off of the fame, and thrv or a rrajotity ot them are 1 ereby aftthoriiVd and empowered to receive 
from Robert GalUvvay, El quire, a deed in le,e-iiniple for one hundred acres of land including 

the 



LAWS of N O R T H-C A R O L I N A. ""JJ 



1798. 

the p re-fen t couTt-houfe, and the faid land fo to lay off and eftablith into a town and town com- v-^-J 
mon j which town when io cltabirihed, lhall be called and known by the name of Wentworth. 

III. And be it 'urther enacted, That the laid Trultces and Directors or a majority of them, 
. lhall as loon a» may be alter the paliing of this act, lay off fuch a number of lots, each to con- 
. tain one acre 01 land, as the-y may deem nceeiiary, and caule a direct plan thereof to be made, 
.and therein to mien,. .mark or number to each lot lo laid out with convenient and fuitable 

itreeis not lels than eighty nor more than an hundred leet Wide. 

IV. sind be it j.uitL*r itiucnu, '1 hat the lame when lo apportioned into lotsi they the faid 
'1 iuitecs an J i/irectoo 01 a majority ot them, lhali caule to be lold at public auction tor the bell 
puce that can. be. got, full having adveiulcd the lame lor at leait lixty days, and the lots fo fold 

, or uifpofed 01 by me l4id Diieeiu.ii or a majority thereot, who are hereby fully authorifed and 
empowered 10 ma.\c *u n^tuaiy dceus and conveyances to fecure the lee-fimple of the laid lots 
to the pur^naters ; anu a uiajortity ot the laid Trullces are hereby declared competent to all the 
purpoteS and authorities iiuenueu and given by this a<3. 

V . Ami He tljuitlfer enuCiea, 1 hat the money anting from fuch fale or fales fo difpofed of 
ly the Duecioi>, mall be paiu by them without delay to the county Treafurer, in order to be 
appropriated to the ule and beuetit ot the county at large, as the court lhall from time to time 
tweet. .Provided, That there lhall be a majority of the juiiiees in court when fuch appropri- 
ation lhall be made. 

Vi. And be it turther enacled, That the fprings and water courfes in the faid town lhall be 
rtlerved lor public ufe; and the inhabitants thereof lhall have free egrefs and regrefsto and from 
the fame by fuch itreeis and alleys. as lhall be deemed.and; laid off to be molt convenient, by the 
Trullces atorelaid ; any law or ufage to the contrary notwithitanding. 

~' C H A P. LXXVII. ; ~~ ~ 

An Act to rflablijh tioi other feparate elections in the county of If dikes. 
I. TJE // enacted by the General AjJ'ctr.biy of the fate of North-Carolina, and it is hereby enacled 

J3 by the authority of the fame, That hereafter the Sheriff of Wilkes county lhall, on the 
Monday preceding the days pointed out for holding the annual elections in this flatej open and 
hold an election at the ■dwelling-houfa ot William Diila, and on the Friday following 'at the 
houie of Jofeph Woodfork, On Roaring river, and the fuffrages given in at the faid elections 
(hall be counted out at the place where they lhall be- taken, and a ftatement of faid polls fhall 
be tranfmitted to the court-houfe, and there added to the votes taken for the county at large; 
and the faid elections fhall be conducted in the fame manner and under the fame rules, regulations 
•and reflridtions as all other elections are done in this Itate. 

II. And be it further enacled, That nothing herein contained fhall operate againft the holding 
©f the elections heretofore eltablilhed in faid county, in the fame manner as they have always 
been conducted. 

HI. And be it. further enacled, That any perfon voting at more than one of the elections held 
in faid county, and lhall be convicted thereot, lhall forteit and pay the fum of five pounds, to 
be recovered by any perfon fuing for the lame. 

~ ~ ~~~c h '.a - pT~ : lxxviil ~ 

An Act to repeal an ail paffed in the year one thouf and f even hundred and ninety-fix y entitled "An 
act to repeal part of an acl pafj'ed in the year one thouf and f even hundred anil ninety- two, <•-■ 
An acl. to grant two feparate eleclions and general muflers in Currituck county." 



, entitled 



JL3 b y the authority of thef-me, That from and after the paffing of this acl, the before recited 
act palled in the. year one thoufand feven hundred and ninety-fix, and every part thereof,' be and 
the fame is hereby repealed and made void, fo far as it relates to elections. Provided neverthe- 
lefs, That the elections by the faid act of one thoufand feven hundred and ninety-two, directed 
to be holden at Hezekiah Farrows, fhall in future be held at the hotife of Ezekiel Hooper, at 
Cape-Hattcras and Kennykeet banks ; any thing to the contrary notwithitanding. 

! ' CHAP. LXXIX. ~~ 

An Ait for granting the inhabitants of Bladen-county. a feparate. general ' tnvfler end cleclion. 

WHEREAS it is. represented to this General AHembiy, that the large extent of the county 
q\ Bladen renders it inconvenient for many of the inhabitants in the back part thereof, in 
atr<~ndi gat the court-houfe, at their general muflers and elections : For remedy whereof, 

I. Be it enacled by the General /ffembly of the ftate of North-Carolina, and it is hereby enacled 
iy the authority if, the fame, That from and after the palling of this act, that the inhabitants liv- 
ing fouth-wdlof the weftern prong .and White marlh, in the county of Bladen; fhall be enti- 
tled to a feparate general mutter, and they are hereby conftituted into a battalion for that purpole. 

II. And be it further enabled, That John Yates, Efquire, Thomas SxiTions, Efquire, Goolf- 
berry Flowers, John Wingate and Simon Green, 'be and they are hereby appointed Ccmmifli- 
oners to fix and fettle on fome convenient place at or rear the centre of faid battalion, tor the 
purpofe of cxercife ; and that fome ere fk-ld-cftcer of the regiment of the county sfortfaid, lhall 
be and they arc hereby required to attend at the laid place when-fixed on, for the purj-oie of train- 
ing 



4o LAWSofNORT H-C A R O L I N A. 

ing an I exercifi'ng the militia of faid battalion agreeably to the rules and regulations for the or- 
ganizing ami disciplining the militia of this ftate. 

. III. And be il jurthe: enaSed, That the inhabitants living fouth-weft of the weftern prong and 
White uiaiih as atorelaid, (hall have tht: privilege of a feparate election for the purpole ot giv- 
ing in their fuffrages lor members of the General AHembly, alio a reprtfentauvc in the Con- 

■ grefs ol'the Unitea States-, aitd an elector-, at the place Co appointed by the Commiffioners afore- 
faiJ. 

IV. And be it further en '3ed, That it fhall be the duty of the Sheriff of the county of Bladen, 
or'his lavviii dupoty, to open a poH and hold an election at the place wtiich lha.ll be fo fixed by 
the Comn.iih.jvcri. aiotclaid, to vote for members of the General AH'cmbly ot this (late, at the 
'hour of eleven o'etoc^ on the T'aeftlay preceding the iecond Thurlda.y and Friday in Augult, in 

every ye*S, arid to Keep the fame open unt<>! 1 unlet of the lame day \ at which time and place it 
fhall be lawful tor this unubit-ants living foinh-we-ft of faid weftern prong and White mat 11), to 
j.ive in ititii v i e tor perions to rcprefent the faid county in the Senate and Houfeot Commons 
01 this It^te a fo recably to the conftirution and laws thereof and alter the poli is clofed the Sheriff 
or his deputy as atorelaid, fhall in prefence of the InlpeCtors and fuch other penons as cboofe to 
attend, open the boxes and count the tickets in the fame manner as is pra-cttfedat the animal e- 
lections lueld at the court-houfe, a correct ftatement of which lhall be tianfmitted by faid Sheriff 
or his deputy to the court-houle, and make a part of the poll of eledtion lor laid count) , and Le 
added to thole given in at the court-houfe, and the candidates having the greatelt number of all 
. fuch luifr-ages lhali be duly elected as the law in that cafe directs-. 

V. *ndbe it further emitted, That if any perfon who fhall give his vote at the feparate el'ec* 
tion efiablilhed by this act-, and (hall afterwards in the fame year give another vote :it the eoutu 
houfe, he or ti)ey fooffending fhall forteit and pay the fum ot hve pounds, to be recovered be* 1 
fore any J ufucc of the Peace of the county thereot, and applied to the fole ufeofany perfon fu- 
'5ng for the fame ; any thing to the contrary netwithftaiidtng> 

' • C.« : A P. LXXX. ~ "' ~~ 

An Act to alter the time of' holding the. feparate elections in the county ofCravett. 
I. T)E it enacted by the General /tffembiy 0/ the flute of North-Cat olina, una it is hereby entitled 
£5 by the authority of the fame, That the feparate elections in the county ot Craven fhall 
hereafter be holder) on the following day?, to wit-: the election at Smith's creek, on the Satur- 
, day inftead of the Monday preceding the day ot holding the election at the court-houfe in faid 
comity ; and the election at Coxe's ferry fhall hereafter be holden on the Tuefday inftead of the 
Wednefday preceding the day of holding the election at the court-houfe in faid county ; an.y lavr 
to the contrary notvvithllanding. 



C H A P. LXXXi. 

An Act ejl.blifhing a feparate elcclion on the fouth fide of the Tadk'tn river, in the county of Surry". 
I. DE it en Bed bv the General Affembly of the flate of North-Carolina, and it is hereby entitled 
JD by the authority of the fame, That Francis Poindexter, Job Martin, William Elliott, 
William Cook, jun'r. James Defriefe, Joliah Roughter, and Daniel Biles be and they are 
hereby appointed Commiffioners to fix On a proper place for holding faid election, on the fouth 
fide of the Yadkin river, in the county of Surry, who fhall meet at fuch time and place as they 
fhall judge molt convenient, and when they or a majority ot them fhall have fixed oh a proper 
placa for holding the faid election, to make report of fuch their proceedings to the next court of 
the county which fhall happen thereatter, which report fhall be filed in the Clerk's-office. 

II. And be it further enabled by the authority aforefaid, That it fhall be lawful for the Sheriff 
by himfelf or lawful deputy, to open and hold an election at the place appointed by the above re- 
cited Commiffioners, on the day preceding the annual eledtion as now eflablifhed by law, and 
lhall at four o'clock in the fame day clofe the poll and caufe the boxes to be fealed up in th: 
prefence of the Infpedtors, and the fame fafelv keep in his poffefTion, and convey to the court- 
houfe in Rockford on the enfuing day, with a lift of the names of the voters who fhall have 
Voitd at fuch election. 

III. Ami be it further enabled, That the election at the court houfe fhall be opened and held 
on the days heretofore appointed, under the rules and regulations pointed out by law, and when 
the faid election fhall be clofed, the boxes containing the votes of each election, feparately lhall 
in the prefence of the Sheriffand Judges be counted in the fame manner as heretofore. Provided, 
That nothing in this act fhall prevent any perfon from voting at either election, who has not vo- 
ted at the other. 

IV. And be it further enailcd. That if any perfon fhall vote at either of the aforefaid electi- 
ons, who ihall have previoufly voted at the other, fhall forfeit and pay the fum of five pounds, 
to be recovered by any perfon who will fuefor the fame. 

cf if a~p7~lxxxil 

An A 1 to eflablilh a feparate election en the north fide of Dan river, in the county of Stokes. 
I. \2 E it ena' ed by the General Affembly of the flate of North-Carolina, and it is hereby enafled 
" by the authority of the fame, That Jofeph Cloud, Thomas Gainer, John BofticK, Antho- 
ny 



LAWS of NOkTH.e A.R O L IN A. 4i 

u 



170 

liy Dcering and Jacob Nellon, be and they arc hereby appointed Commiffioncrs to fix on a pro- *~^- 
bcr place lue molt central as well as convenient lor holding the laid election, on the north lide of 
Dan river, in the county ut blokes atoftlaid, who lliall meet at fuch time and place as they lhall 
ludgc molt convenient ; and when they or a majority ut ihcm lhall have lixed u:ra proper place 
lor holding the laid eleciion, to nuke rc-pon ot Inch their proceedings to the next conn ot ilic 
county which lhall happen thcieaiier, which report lliall he tiled in the Clcrk's-orlice. 

II. And be it further enacted by the authority dferejuid, That it (hall be lawful lor the Sheriff, 
,and he is Hereby required by himielt or fiis lawful ucpuiy, to open and hold an eleciion at the 

place appointed by the above recited Comniilhoucrc, on life day preceding the annual ele&iooas 
now eltablilhed by law, Under the lame rules and rcgi»iarioiu thai are Oblervcd in other elections 
tor members ot the All'embly, reprefciitatives to'Consjvcls', and electors to choofe a Prclidcnt and 
Vice-Prelideut of the United Stales, and lli.nl at fuufe't of the lame day clofe ihe poll and eaule 
the boxes to be fealed up in the pielcnce ot the 1 nfpcctorsj stud rhe fame lately keep in his pof- 
letiion and convey to the court -houSe in Geimanton, on the enliling day, together with a lilt ot ' 
the names of the voters who lhall have voicd at Inch election. 

III. And be it further entitled, That the election at the eourt-horifc (hall be opened and held 
on the days heretofore pointed out by law, and when the fard election (hall be elided 1 , the boxes 
containing the votes ot each election fepamtcly, lliall in the pre fence ot the Sheriff and judges tie 
counted in the fame manner as heretofore, 'ii'ii'd the perlons having thegrcattfl number ol v"o?es 
lhall be declared duly elected. Provided, That nothing in this acA lhall prevent any perlon from 
voting at cither election who has not voted at the other. 

IV. And be it jurther enacled, That if any perfon lhall vtf'tc at cither of x\ic aforefaid electi- 
ons who lhall have voted prcvioully at the other, he lhall forfeit and pay the Turn of live pounds, 
to be recovered immediately by any perlon w ho will luu tor the fame ; any law to the contrary 
noiwithlUndinii. 



C H A P. LXXX111. 
An A<51 to alter the place of holding the liWer eleciion in horthampton aunty. 

WHEREAS it is found 10 be inconvenient tor the inhabitants in the lower end ut faid coun- 
ty to attend the election held at Princeton : for remedy whereof, 
I. Be it enattcd by the General Affembly oj thejlate i/ Atrth-Cdroiina, end it is hereby entitled 
by the authority of the fame, That in tuture the clertie.n heretofore held at Princeton, the place 
lixed by law, lliall be lield at the Crofs-roads at -Jacob Adams's, and lhall be conduclcd in like 
manner and under the fame rules and reltriciions as pointed out by an ae?: palled in ihe year one 
thoufand feven hundted and ninety-five, for granting the inhabitants ot Northampton county, 
the privilege of fepafa'te elections ; and lo muchot the laid act as comes within the meaning and 
purview otthis act, is hereby repealed and made Void. 

"" * (J 11 A 1\ LXXXlv" ~™ " 

An Act to ■amend an atl entitled" An ait to e/tui'li/h ajsparate ih&ion and general mitfler in the 
county at Carteret ," faffed at FxyetteviiU, in the year oj our Lad one thoujandjeven hundred and 
ninety-three. 

WHEREAS it is rcprefented to this General AiTcrnbly, by petition from a number of the 
inhabitants of faid county, that altering the place o'i holding the laid election anil gene- 
ral mufter from the huufe of Hillery llcibert to ihe. houitot Major Newel Bull', on iheciit lide 
of Droad-creek, would be more convenient and better accommodate the cili'/.cus ; 

I. Be it therefore enattcd by the Gette'raH vtffemhfy ot the fate o*' Aorth-Cardina, and it is hereby 
enacted by the authority t/' the J'ame- t Thai from anil after lii'e railing 01 this fid, the Slier iff ol C-u- 
tcrct couu'.y, or his la.vtul depMtyj lliall annually mi the hill Thurlday in July, oih-u ami hold an 
clectio.i at thi hatifc iit'MiiiJr NeWel H'JVj on the ealt fule ot Broad-creek, for th'' con w ninny 
of the voters of the upper i»a»t ot f.iid county. J'rovi.jtd, That nothing herein contained lliall 
bar any perfon from voting at the iclelt-iifn hleiJ at the court-hoii'ic, that has not voted at an) ot 
tile feparate elections in laid county. 

II . And be it further enacted, That from and after 'tile palling of this acl,- all that part of Car. 
tefet county, weitward of New-Port river, lliall be tormed inlo a leparitte dillrict, and lhall hold 
their general m tillers at the plantation of Major Newel Dell, on the ealt lide 0} BroaiUcrccfe, 
on fitch day as the commanding ollicer of faid county may appoint tor that purpole, under the 
rules and regulations directed by the militia laws ot this Itaie ; and the Colonel or iome one ot 
the field-officers of the county aforefaid, lhall attend at the fepnrate and general mullets appoint- 
ed by virtue of this act; to makereturns agreeably to law ; any cultom, ulagc or law to the con- 
trary notwithltanding. 

cT-ia p7 Txxxv. 

An Acl to alter the places of holding elections in the county of Tyrrcl. 
I. Tj E it entitled by the General Affembly of the fate of North-Carolina, and it is hereby titan eel 
Jj by the authority of the fame, That from and after tire palling ot this acl, ihe fcparale electi- 
on heretofore held at'the houfeof John Linerrnan, in rhe county of.Tyrrel, (frail be opened and 
held at the houfe of William Clayton i and alio the feperiit'c elerVitHi hepctofose held at ill howfe 



■X% LAWS ofNORT H-C A R O L I N A. 



^-,j-> ot John Poller to be removed 



and continue to be held at the houfc ot Captain Ifaac Patrick, at 
the Port landing in laid county, under the lame rules, regulations and reltrictions that were ob- 
feryed at the •rdfpetftive places. previous to the removal ot the places tor holding faid elections j 
any Jaw, ufige orcuitoin to the contrary not withltanding. 

' t q1a a p, -lxxxvT - ~~ 

■An Act 'to amend -an ail faffed tit Raleigh, in the year one thoujand /even hundred and ninety-five, 

granting Jeparute elcilions to the county of Burke. 
I. T)P 't enacted by the.General Ajfcmbly of thejiate of North- Carolina, and it is hereby enaeled 

_D by the authority of the- Jame, That from and after the patting ol this aCI, the lepurate 
electiom, held tor the upper end or Burke county-, fhall be on the Monday preceding the lecoud 
Thurfday and Priday in Augult in each and every year, at the ufual place ot holding (aid elec- 
tion, on the Catawba river, known by the name ot" Cathey's old tort ; and on the Wtdnefday 
following, for the lower end of laid county of Burke, at the ufual place of holding faid election 
at William Tucker's, on the lower creek, for the purpofe of electing members tor theGeneral 
Allembly, and a member of Congrefs. 

II. And be it further cnafled, That the Sheriff of faid cO'nnty is hereby recurred to attend, by 
himfclf or his deputy, at each of the before mentioned places, for the. purpofe Ot conducting laid e- 
lections ; and he the faid Sheriff or his deputy, lha-il caufe the polls of each of the faid elections 
to be opened at ten o'clock ill the morning, and to remain open until five o'clock in the ■evening, 
at eacli feparate election, at which time the poll lhall be clofed, a 'id the Sheriff mail proceed to 
. count the tickets in the. pretence of the Infpeciors v, ho ihall have been appointed by the Couit of 
■ iaid county to fuperintcnd laid elections ; and the Shcrirf Ihall then carry forward a -certified co- 
py of the lilt ot faid. pulls tip taken at each of the before mentioned elections to the court-houfe 
in faid county ; and on the Friday following, the la'icl Sheriff lhall caufe the polls to be clofed at 
the court-houfe, at four o'clock in the e\ ening-, and proceed to count out the tickets as ufual. 

III.' And be it further enacted, That if any perfon fhall vote at any tWo ot laid elections, and 
(hall be convicted of the fame, the perion lb oifeuding ihaii forfeit and pay the lum at ten pounds, 
to be recovered before any jtirifetict ion having cognizance thereof, tiie One hall to the perfon fu- 
ing for the fame, ami the oilier half to be applieu to the tile of tiie poor ot (aid county. 

I V. An 1 be it further enacted, That the Court ol laid county is hereby required to appoint 
in,p...u)is and -Clerks to attend-.it the beto.e mentioned elections, and regulate the fame. 

V. ir.dbe it further enaeled, -Thai all clanks or parts of elaules of the bclore recited act, that 
come wii:-.i:i ihe meaning and purview of this act, are hereby repealed and made void ; any law 
to tiie co :"r::;y riot* il ^lit.unl.ng. 

C~H A P. LXxYvEf 

•*** An Act to eftablijh ajeparale eleilion in the county of Mecklenburg. 

WHEREAS the inhabitants rending in ihe foutli-calt corner of the county of Mecklenburg* 
compoling i he third battalion ot militia of faid county, experience great inconvenience 
in attending tiie annual elections at the court-houfe, occationed by the great diltance which they 
have to travel, being nearly forty milcsj and the number of rapid water-coui fes they neceffari- 
ly crofs ; 

I. Be it therefore enn&eily the General Affemlly of the ftatc of North-Carclinij and it is here-^ 
'by ensiled by the authority of the fame, Thai from and after the pulling ot tins act, the county of 
Mecklenburg fhall have twofeparate elections-, one at thecourt-houle as ufual, the other com- 
poling the third battalion of militia as aforefaid, to be held at the houl'e of William Miller, on 
the Wednefby preceding the day of the annual election for members of the General Alfembly, 
as eftablilhed by law. 

II And be it further en a Bed by the authority aforefaid^ That the Sheriff of faid county (halt 
advertile the election compofins* the third battalion aforefaid, agreeably to law, as in other elec- 
tions, and fhall by himfelf or his deputy attend, and after the X ni'pecto'rs are appointed andlwornj 
caufe the poll to be opened at eleven o'clock, which fhall'coniinue open until iunfet ; and in pre- 
fence of the Infpectors fhall feal up the boxes in which the tickets are, and the fame have trans- 
mitted to the election held at the court-houfe by twelve of the clock of the laft day ot laid elec- 
tion ; which votes fhall be counted and added to the votes the different candidates may have got 
at the election held at Charlotte, and the perfons having the great eft number ot votes lhall be du- 
ly elected. 

■III. And be it further enaeled by the authority aforefaid, That the perfons not inclinable to 
rote for members of Alfembl), rcprefentalives to Congrefs, and electors for choofmg Prefident 
ao 1 Vicc-Piefident of the United States, as they may do, tllall have the privilege of voting tor 
the fame at the election held at the cuurt-honfe. 

IV. An: be it further enabled by the authority aforefaid, That if any perfon fhould prefume to 
vote at one of the elections, having voted at the other', he fhall be fubject to the pena'ty of five 
pounds, to be ie.ov-.red before any Jultice of the Peace of faid county of Mecklenburg, the one 
half to the ufe of the informer, and tire other half to the ufe of the poor in the county aforefaid. 

■ iki CHAP. 



LAWS of NORT H-C A R O L I N A, 43 

~~ " 1798: 

CHAP. LXXXVIII. ^ 

An Aft dividing the firji regiment of militia in the county of Lincoln, into two battal'nn:. 

WHEREAS it is represented to this General Alfcmbly that the oiufter ground now fixed 
by law, tor the dil'ciplining and mar/balling ot" the militia in faid regiment, is extreme- 
ly inconvenient to many of the good people, and it turther appearing that tne faid regiment is 
furticienily numerous to compote two battalions; 

I. lie it cuaitcd by the General Ajfembly of the Jiate of North-Carolina, and it is hereby en- 
acted 'by the authority of the fame, That the field officers of faid regiment arc hereby authorifed 
and empowered to divide the lame into two battalions, and to fix and lettle upon fame fuitablc 
and centra! fput in each, to mutter and difcipline the militia contained therein. 

II. And be it further enacted, That the officers and privates in each of the battalions afore- 
faid, lhall be compelled and obliged when noticed thereto, to multcr and parade duly and legally 
equipped at their refpeftive places, under all the penalties and forfeitures now by law prefcrib- 
ed for non-attendance at general mullers ; and the field officers ot laid regiment are required at 
each and every of the faid mullers to give their attendance, and to do and execute the duties in- 
cumbent on them. 

~ C H A P. LXXXIX. 

An A3, to add part of the county vf Craven to Lenoir. 

WHEREAS from the memorial of Francis M'llwean, it appears to the General AiTembly 
that adding that part of the county of Craven to Lenoir, which lies in the fork ofNeuferU 
v'er at:J Stoneyton creek, would greatly relieve him the faid Francis M'llwean, without any 
inconfidcrab'e injury to the county ot Craven ; 

I. Be it therefore enacled by the General Affcmbly of the Jiate of North-Carolina, and it is here- 
by enabled by the authority of the fume, That that part ot tne county ot Craven lying within the 
following boundaries, be annexed to the county ot Lenoir, to wit : Beginning on the river 
Neufe where the dividing line of the. two counties crolfes the fame ; thence running down the 
various courfes of the river to the mouth or Stdneyton creek ; thence up the various courfes of 
Stoneyton creek to where the dividing line between the two counties crones the fame ; thence 
along the lame to the beginning on the river Neufe : and that the above defcribed part ot the 
county of Craven be hereafter a part of the county of Lenoir. 

II. And be it further enacled) That nothing in this aft contained fliall be conftrued to prevent 
iny officer of the county of Craven from collecting the taxes tor the year one tboufand feven 
hundred and ninety- (even; or any arrearages of taxes which at the time of palling this act may be 
due from any perfon, or for any property within the above defcribed boundaries. 

■ CHAP. XC. 

An Act to amend en aEi to carry into effetl an ail for creeling part of the counties of Halifax and 
Tyrrel into one dijiincl -county andparifn, puffed in the year one thoufand feven hundred and 
f events-jour. 
I. "O E it enacled by the General AfJ'embly of the Jiate of North-Carolina, and it is hereby enacl- 
-*3 ed by the authority of the jame, That the Surveyor of the county of Tyrrel, by himlelf or 
deputy, lhall on or before the fifteenth day of J.anuary next cnluing, or as foon thereafter as 
pollible, proceed and lay off a part of the halt acre ot public ground on which the court-houfe of 
faid county (lands, not exceeding fixty feet in width, at the extreme fouthern end thereof, pa- 
rallel with the fouth-wellcrntriolt end, and to run the whole length ot the faid half acre, and 
the fame to ilake off in a notorious manner, under the penally ot twenty-five pounds, to be re- 
covered by any perfon luing for the lame, before any jurildiclion having cognizance thereof; one 
half to the perfon fuing for the- fame; the other half to the ufe of the (late ; and the faid Surveyor 
lhall make a fair and correct plan thereof, and the fame return to the Clerk of the Court of 
faid county; who lhall record the fame and be allowed therefor by the Court; ai>d the Surveyor 
on a receipt trout the Clerk for the plan or plat aforefaid, lhall receive from the county Trea- 
furer oiii of the coiintv tax, a fum adequate to his fervices, refpfcft being had trj the nature of 
the bulinefs, and the fees already eltabliihed by law. 

II. And be it further enacled, That it fhall and may be lawful for all perfons being inhabit- 
ants of faid county of Tyrrel, to erect tents, booths or tables on the aforefaid lot of lixty feet, 
and theieat vend all manner of fpirituous and fermented liquors and proviiions (on public days 
onlyl tor the accommodation of the inhabitants of faici county, and others. 

III. And be it further enacled, That fo much of the aft palled in the year one thoufand (even 
feven hundred and ninety-fix, to amend an aft to carry into effeft an aft for erefting part of the 
counties of Halifax and Tyrrel into one diltinft county and parifh, palled in the year one thou- 
fand feven hundred and feventy-four, as comes within the purview and meaning of this aft, fhall 
be and the fame is hereby repealed and made void. 

C H A Pi XCI. 

An Aft to ejiafjlifh a boundary line between Montgomery and Moore counties. 

WHEREAS it appears that the boundary line between Montgomery and Moore counties 
has not been accurately run, and that the fame is not on record; 

I. Be 



4+ 



J. A W S 



N O R T H-C A R O L I N A. 



ijoS. 



I. Be it therefore enacted by the General Affemhly of the Jlate of North-Carolina, tint! it is hereby 
en (Heel by the authority efthi fame, That the county Surveyors of 1 tie laid counties (A Montgomery 
. rjd Moore, be and they arc hereby empowered and required to run and mark the dividing line 
between Montgomery and Moore counties, from the Randolph county line to the head of Drown- 
i.vy creek, agreeably to an act entitled " An act tor creeling tlie upper part of Bladen county 
into a county and pari til by tile name ot Anion county and St. George's parilh," palled in the 
year one thouland feven I'-.nuhed and tony-nine, and all other acts lia v i njj reference to the lame. 
•II. And he it further (nailed, T-hat it any dil'putes lliould aril'c between the Suueyors about 
running or alcertaining the laid lint,-, tliey are hereby empowered to call upon one perlon out of" 
each of their rcPpective counties, to act with them as Commifiioners in adjulling, (ettling and 
removing the fame ; and that the line i'o run lliall be deemed and held to be the dividing line be- 
'.ween the counties atorcfaid. 

1-I-L And he it '-further entitled, That the Surveyors and 'CnmmifTioners aiorcfaid (hall he nl~ 
lowed an adequate compcnlation tor their lervicc, and a further lum to chain-carriers and mark- 
cm, to be a lie lied by the courts ot the counties utwrefsid, ill equal proportion. 

IV. And he it further enafled, That the Surveyors (hall complete the buiinefs intended by 
this ad, before the full diy of April next. 

•V. And he it further ctr-aCled, That the courfe of faid dividing line when run, (hall be recorded 
in each -of the courts ot laid counties, and rtsgilttrcd 'in the Kegilter's-ofike'in eagh ot the coun- 
ties afore, laid. 



I 



"TT" C M A P. XCII. 

An Ait /; author! fe the // ardens of the Par tor the aunties \gf Sampfon and Pcrquimons, to lay a 

further tax. 
E it enaSlcd by the Genera! Affemhly of the jlate of North-Carolina, and it is hereby enalled 
by the authority of the fathe, Thai ihe Wardens of the T*oor or a majority of them, for 
thc-coutity of Sampfon, bs atfthorifed to'lay a further tax not exceeding One (hilling on each and 
,-very p .ill, an 1 tour police on every hundred acres ot land, tor the year one thouland fcvetl hun- 
dred a id ninety-eight atid one "thouland leven hundred and nmeiy-nine, to be collected and ac- 
counted tor as taxes arc heretofore collected. 

II. And he it further enacted, That it lliall -and may be lawful fur the Warden's "of the Poor 
for thc-county of 'Pcrqiiimons, or a majority of them-, as loon as they may deem Hi neccllary, 
utter the palling of this act, to proceed to lay a tax ROt exceeding fix pence on each and every 
tatxablc poll, and fix pence on each -and every hundred pounds value 'c-.i town property, and two 
pence on each and every hundred acres ot land within the faid county, to be levied, collected and 
accounted for as the liw in fuch cafes made and provided tor. 

_ ~<5~iTa~>. xciu. 

An Acl to amend an acl author: ftng the Trujlecs of the Lumherton Academy to la) iff and fell part of 
(aid town commons to raife u fund for the purpoje of building Jaid Academy, pajjai ir. the year one 
tkiujund jeven hundred and ninetv-Jix: 

^HLREAS no provilion is made in the above recited act for the conveyance of the lots 



hereby enact - 
ered and re- 



lold by virtue of laid ait: forr-medy whereof, 
i. 'fie it enacted by the General Affemhly of the Jlate of Notth-Carolrra, and it is ) 
edhythe authority of the fame, That the Sheriff ot Robefon county is hereby empowered and re- 
quired on application of any purchafcr of faid lots, to execute a deed or deed's tor the fame, and! 
Inch deed or deeds when duly executed by 'faid Sheriff, recorded and regittered, ihall convey an 
< Itale infec-fimplc to the feoffee-; any law, tifagc or ciiftom to the contrary notwithstanding. 

" C H A P. XC1V. 

Jin A£t/jr building a Pr'tfoh or Goal In the Town of Hitljborough, for the dijlricl of Hill/borough 

and county of Orange. 
1 . T> E it enabled by the General Afjemhly of the Jlate of North- Carolina, ami it is heriiy mailed 

JcJ by the authority of the fume, That -Sterling Harris, Samuel Benton and Cafl let Camp- 
fell or any two ot them, be and they arc hereby appointed Commiliioiicrs to act in 'conjunction 
vilh tlie Treafurcr of public buildings for the county of Orange, for the purpofe of erecting a 
;v>od and iuflicicnt prifon on the public lot in (he town of Hillfborongh, the dtmenlioHS of which 
Jhail be at the orfcretion of the laid Commifiioners and Treafurcr of public buildings; 

11. And he it further enacted, That a tax ol one (hilling add fix pence on each poll, a tax of 
f i x. pence on every hundred acres ot land, and a tax ot one (hilling and fix pence on every hun- 
dred pounds Value of low n property in the county til Orange ; and a tax ot three pence on each 
poll, a tax of one penny on every hundred acres of land, and a tax of three; pence on every hun- 
dred pound; value of town property in the counties of (Jrar.x ilir, Wake, Chatham, Randolph, 
Cilwcll and Pcrton, he and is hereby levied, and Ihal! be collected in the year one thouland fe- 
vefi hundred and ninety-nine, bv the Sheriffs of the refpeftivc counties, at the fame time r.nd in 
the fame manner and nintcr the lame rules, regulations and rcfi'rictious, and with the fame emo- 
luments, that public taxes are levied and collected ; and (hall' pay and account for the lame with 
liic Treafur;r of public builcfinffsfcr the county of Ofafiec aiorefaid, cr.d it (T.r.l) Le ihi duty of 

the 



LAWS of NORT H-C A R 6 L I N A. 4 S 

the laid Treafurcr and he is hereby required to enter up judgments againft fuch Sheriffs as may 
tail 10 account and finally kuk irj due time, in any court of record having cognizance thereof. 

111. Anu whereas u appears that there is at this time in the polkffion of the late Trcafurer 
oi j u^iic buildings atoreiald, lix hundred pounds or iheicabouts, lor the purpofe of building a 
pnion foi the county ot Oiange aforefaid ; Be it therefore entitled, That the laid fum of fix hun- 
incil pouuus lhull be imdi a puft 01 the cxpc.sces lor building laielgoal. Provided always, That 
iiu.iua the money in the haueis ot the laiu '1 reulurer be ihon e>t fix hundred pounds, the county 
court ot Uu.^ is hereby autl.orilcd and required to make up fueh deficiency by laying and col- 
kctuig a ;ax therefor. 

\\ . And be it further enaSlcd^ That the faid Treafurer of public building fhall befides enter- 
ing into bond with kcunty ab "1 reulurer tor his county, enter into another bond in the county 
court ot Orange-, wuh fiiffickni kcurity, in the fum ot three thoufand pounds, payable to the 
Governor tor the time being, for the faithtul pertormance of his duty in building laid prifon. 

V. And he it further en. tied, That the (aid goal or prifon when finifhed, fhall be- he-Id and 
deemed the common goa'l for the' elittrict of Hillfborough and county of Orange, and fhall be 
thereatter. under the care and keeping of the Sheriff of the county of Orange aforefaid. 

CHAP. XCV. 

An Aft granting certain privileges to the Seminary of learning in the county of Guilford. 
I. Tj E it eudSted bytbe General Affhnbly ot the flare of North-Carolina, and it is hereby entitled 
X) by the authority of the fame, That from and after the palling of this aft, the lludents who 
now are or hereatter may be- in the feminarv ot learning in the county of Guilford, under the 
direction 1 ot the ReVftTerTo 1 David Caldwell, ill all enjoy and exereife all the privileges and immu- 
nities that itudents m any chartered femfnary in this date have by their charters heretofore gran- 
ted, aright to poil'efs and enjoy ; 'ajjj thing to the contrary tioivs iihllanding. 

' \ c HAP. xevr. ~ ~ , . , 

An Aft granting certain privileges to ice vt>w;ij'eer companies of. infantry in Currituck county. 
I. T3-E 't en Bed by the GenCr.it Aflemhly oj thcjt.tc oj North-Caroliiu , and it is hereby entitled 
JLy by the authority of the J erne-, 1 hat the voiume-e-r.companies ot infant cy in Currituck coun- 
ty, thai from- and after the palling of this aft, have .-full power and authority to make all fuch 
laws, rules and regulations for their o-en government, as they or a majority ofthem lhall devife. 
Provided, That fuch rules and regulations when made, lhall not be repugnant to the laws or 
conffitution of the (fate, or the United States ; and that the laid companies fhall be governed by 
the field offi-ers of the regiment, and in all refpefts fubjeft to the orders and regulations of a bat- 
talion or regimental parade, but fhall not be fubjeft to do duty in, any other company in faid coun- 
ty ; any thing to the contrary notwithstanding. 

OAP. XCVII. . ~~ 

An A3.' to prevent in future the improper condiid of ozvners offeins from objlrucling the paffage of 

fjh up Cape- Pear, Deep and Haiti rivers. 

WHEREAS it hath been the practice oi owners of feins toereft clams, hedges and other ob- 
Itruftions on the oppofite iiJe of the river where they ufually haw! their- feins, fo as to 
reach the ends of faid dams, and continue laid feins for fome time,, at which time there is a to- 
tal obffruction to the pillage of filh : For remedy whereof, . 

■I. Be it entitled by tie General Jffcinhly of the Jlate cf North-Carolina*, and it is hereby en- 
siled by the authority of the fame, That all ami every perfon or perfons whatfotver, who fhall 
Hereafter hawl any fein acrofs any of the rivers aforefaid, within twenty feet of any fuch dam, 
hedge or other obftruftion, (hall forfeit and pay the fum of five pounds for each and every of- 
fence fo committed, to be recovered by any perfon filing for the fame, and to he applied, to his 
own ufe, either by warrant before a Juftice of the Peace, 'or in any Court of law, as the cafe may 
require. 

II. And ie it further enabled by the authority aforefaid, That all and every perfon or perfdhs 
fo offending hereafter, by oblirucling feins acrofs any of the aforefaid rivers, and thereby ob- 
ftrufting the paffage of fifh up the farce, fhall forfeit and pay the fum of fifteen pounds tor e- 
very twenty-four hours, tor each and every offence, to be recovered as aforefaid ; any law to the 
contrary notwithftanding. 

CHAP. XCVIII." : ~~ 

An Aft: to authorife the aa'minifrator or adminifrators of Thomas Wright, late Sheriff of Nezi-Han- 

over county, to colled the arrears of taxes due to J-aid Thomas Wright. 
I. T5E it enatled by the General AJJ'embly of the flats cf North-Carolina, and it is hereby enailti 
JL3 by the authority of the fame, That the adminifhator or adn iniflraiors of Thomas W right, 
late Sheriff of New-Hanover county, fhall he and r. re hi re by authoiikd rid en \t veitd to col- 
left the arrears of taxes due to the faid The mas Wright, in faid ccunty, for the yeais ore tl rr- 
fand feven hundred and ninety- fx at d ore thqufar d (even r.u't dred aid r.irety-ftnen ; ard tl e kid 
adminiftrator or adminiftrarors fhall be r.rd are hereby veiled with all grd fir.pikr the pevtrs 
find authorities for the collection of faid arrears, With which the Sheriffs cf the fcycral ccyrties 

M ' of 



46 LAWS of N 6 R T H-C A R O L I N A. 

1798. ~ " " 

v-y— » of the ftate are verted by the feveral acts of Alfembly, for the collection of public taxes : and the 
faid admiuil\raior or adminiltrators (hall hive power and authority to fubftitute with the pow- 
ers atorefaid, the Sheriff of New- Hanover county, or any other perfon or pcrlons to collect the 
faiJ arrears of taxes, who (hall be accountable to tiie faid adminiltrator or adminiltrators for the 
fame. 

11. And be it further cnatled, That if any perfon {hall alledge to have paid the taxes for the 
years atorefaid, and thall have loft the receipt for the fame, and cannot procure other tellimony 
ot fuch payment, fueh perfon lhall be admitted to declare upon oath, whether he (hall have paid 
the lame or any part thereof, and what part, and lhall thereby be exonerated from the payment 
of fo much as he may fo upon oath declare to have paid. Provided nevert.be/efs, That this ad 
fhali not extend to affect the eftate of any deceafed perfon from whom l'uch tax might have been 
due. 



CHAP. XC1X. 

An Aft to empower John Spcnce JFeji, Sheriff of Craven county, fo colled the arrears of taxes due 

in faid county, Jor the year one thotij and J even hundred and ninety-feven. 
I. T) E it enacted by the General Affembly of the jiate oj North-Carolina, and it is hereby entiled 
■U by the authority ef the fame, That John Spence Welt, Sheriff ot Craven county, be and 
he i>, hereby aurhoriied and empowered to Collect all arrearages of taxes due in faid county, for 
the year one thoufand feven hundred and nincty-feven, and the faid John Spence Weft is here- 
by veiled with all and lingular the powers and authorities for the collection of faid arrearages 
with which Sheriffs are now veiled in inch caffes. 

~~ *C H A y7~C. ~~ 

An Act to incorporate King Sdomons Lodge' number eighteen, in Jones county, in this flute. 
I. 13 E it enacted by the General /'ffembly of the Jiate of North-Carolina, and it is hereby en^Bcd 

JD by the authority of the fame, That the Mailer, Wardens and Members who are at pre- 
fent or in future may be of King Solomon's Lodge number eighteen, of Jones county, are 
hereby conltituted and declared to be a body corporate tinder the name and title of 'King Solo- 
mon'* Lodge number eighteen atorefaid, and by that name (hall have pefpetual fnccellion and 
a common leal, and may fue and be fued, plead and be impleaded, acquire and transfer proper- 
ty, and pafs all fuch bye-laws and regulations as (hall not be incontinent with the conftituiion 
ot this ltate, or of the United States. 

~ CHAP. Ci. 

An Aft to incorporate Johnjlon Cafwell Lodge No. 10, of the town oj H'arrentm, in this Jiate. 
I. T)E it enacledby the General Affembly of the Jiate of horth-Carolina, and it is hereby enatl- 
Jtj ed by the authority of tie fame, That the Matter, Wardens and Mcnuers who at prefent 
01 in future may be of Johnlton Cafwell Lodge, ot the town of Warrenton afoiclaid, are here- 
by coudituted and declared to be a body corporate under the name and ink ot Johnlton Calwell 



by 

)C 

' r eg 



Lodge No.ro, and by fu.h name fhall have perpetual fucceffion and a common leal, and may 
fue and be fued, plead and be impleaded, acquire and transfer property, and pats all luch bye-laws 
and regulations as (hall not be incontinent with the conftitutton ot this or ot the United S *>»* 



CHAP. CIL 




*kC Hereby twm 

Lodge number eight, and by fuch name lhall have perpetual fucceffion and a common tea 1 and 
may fue and be fued, implead and be impleaded, acquire and transfer property, and pafs all fuch 
bye-laws and regulations as thall not be incontinent with the conftuutiou ot this ftate, or ot 
the United States. ■__ 



C HAP. CI II. 



An A a tofecureto Elinor Perry, wife of John Perry, Juch efiateasfhemay hereafter acoutte. 
TX7HEREAS it is reprefented to this General AlTembly that John Perry hath tor fome tin e 

W pall abfented himfelf from his faid wife Elinor, and there is no expeclat.on of a recon- 
ciliation, and having it in his power to deprive his faid wife of fuch eftate as foe by her induil- 



rv or otherwife may acquire, 



I. Be it enacledby the General Affembly of the fate of horth-Caroina and ,t rs hereby enaBed 
by the authority of the fame, That from and after the paffing of this a«ft the fc.d Elinor Perry 
foall be entitled to and polfefs in her fole right all fuch eftate either real or pe .tonal as foe may 
hereafter acquire by purchafe or otherwife, in as full and ample a manner as if (he the faid Eli- 
sor Perry had never been married to the faid John, clear from the claim or claims of the faid 
John or any of his creditors 5 and the faid Elinor Perry (hall and may have full power to fue for 
J and recover 7 in any court having cognizance thereof, from the fatd John Perry or any other per- 



L AWS of NORTH -CAROLINA. 47 

, "~ J798." 

fon or perfons, any property or eftate which fhe may be entitled to, in the fame manner as if *-v*^ 
fhe the faid Elinor Perry had never been married to the faid John Perry ; any law, ufage or 
cultom to the contrary notwithftanding. 

II. And be it further enacled, That from and after the parting of this acl the faid John Perry 
fhall not be anfwerable for any debt contra&ed by the faid Elinor Perry his wife ; any law, u- 
fage or cuftom to the contrary notwithftanding. 

..\, CHAP. CIV. 

An A&to fecure to Eliz.jbeth Carter, wi f e of Benjamin Carter, fuch 'eflate as /be may hereafter etc* 

quire. 

WHEREAS it is reprefented to this General AfTcmbly, that Benjamin Carter hath for fe- 
vcral years part abfented himfelf from his wife Elizabeth, and there is no expectation of 
a reconciliation, and having it in his power to deprive his faid wife Elizabeth of fuch eftate as 
ihe may by her indullry or otherwife acquire ; 

I. Be it enacled by the General Aff'embly of the Jlate of North-Carolina, and it is hereby enabled 
by the authority 0) the fume, That from and after the palling of this acl, the faid Elizabeth Car- 
ter (hall be entitled to and poftefs in her fole right, all fuch eflate either real or perfonal as fhe 
may hereafter acquire by purchafe or otherwife, in as full and ample manner as if fhe the laid 
Elizabeth Carter had never been married to faid Benjamin Carter, or any other perfon or per- 
fons ; any law, ufage or cuftom to the contrary notwithftanding. 

I I . And be it further ensiled by the authority afore/aid, That from and after the palling of this 
acl, the faid Benjamin Carter fhall not be anfwerable for any debt contracted by the faid Eli- 
zabeth Carter, his wife ; any law, ufage or cuftom to the contrary notwithftanding. 

~~ ' ' 'cirATt: ~cv~ ; 

An Acl to fecure to Ruth Bell, wife of William Bell; of the county of Currituck, fuch eflate as fhe 

may hereafter acquire. 
I. TJE it enacled by the General AJJ'cmbly if the Jlate of Nofth-CariVina, and it is hereby enaifed 
JD by the authority of the fame, That from and after the palling of this aft, Ruth Bell wife 
of William Bell, of the county of Currituck; mall be entitled to pbflfefs and enjoy in her fole 
tight-, all eftate either real or perfonal which fhe may hereafter acquire by purchafe or defcent, 
in a* full and ample manner as if the faid Ruth Bell had never been married to the faid William 
Bell, clear from the claim or claims of the faid William, or any creditor or creditors of him : 
and the faid Ruth fhall have full power and authority to fue and recover in any court having cog- 
nizance thereof, from the faid William or any other perfon or perfons, any property or eflate 
which me may be entitled to, in the fame manner as if the faid Rtith had never been married to 
the faid William. And that the faid William from and after the palling of this acl, fhall not 
be liable for the payment of any debt or debts contracted by th« faid Ruth ; any thing to the 
contrary notwithstanding,, 



-1. 



CHAP. CVI. 

An Acl to carry into effctl the petition of Robin Brafwell, of Naffi county, by granting him a di- 
vorce from his ivife Calley. 
I, TJ E it enabled by the General Aff'embly of the Jlate of North-Carolina, and it is hereby enabled 
J3 by the authority of the fame, That from and after the palling of this acl, Robin Brafwell, 
of Nalh county, and his wife Calley, (hall be divorced from the bonds of matrimony in the farh« 
manner as if their marriage had never been folemnizcd ; and the faid Robin and Calley are here- 
by declared to be divorced accordingly. 

II. And be it further enacled, That Howell Ellin, William Boddie and Benjamin Bnnn, be 
and they are hereby appointed Commrffioners, who fhall on or before the tenth day of Februa- 
ry next, call upon the faid Robin Brafwell to declare unto them or any two of them, an efti- 
mate on oath, of the amount of his property at the time of his feparatiori from his faid wife Cal- 
ley, exclulive of the debts he owed. 

III. Andbe it further enaBed, That the faid CotnmifTioners are hereby authorised and empow- 
ered to make fuch annual allowance to the faid Calley, out of the eflate of the faid Robin Braf- 
well, as they may think juft and proper according to the circ'umftances of the cafe ; which faid 
allowance fhall be paid by the faid Brafwell to the faid Calley; annually, in full cohfideration 
of her feparate maintenance ; any law to the contrary notwithftanding. 

CHAP. CVII. 

An Ail authorifing Mifhack Stallings to eretl a grifi mill on Rdckf/h-creek, in the county of Duplin. 

WHEREAS it is reprefented to this General AfTcmbly by a large number of reputable per- 
fons, that it would be extremely convenient and very beneficial to have a grift mill e- 
recled in the county aforefaid, on Roc kfifh -creek ; 

I. Be it therefore enabled by the General Affembly of the Jlate of North-Carolina, and it it here- 
by ena£led by the authority of the fame, That Mifhack Stallings, his legal representatives or af- 
figns, be aufhorifed and he or they are hereby empowered to creel and build a grift mill on Rock- 
Rlh-creak, in the county aforefaid, and to raife a dam acrofs faid crec»k, at or near a large rock. 

which 



><> .LAWS of NOR T H-C A R O L I N A. 



which lies in the fame, adjoining the lands of the faid Miihack. Provided, That the mill fo e- 
re&ei fhall not injure any per f on or perfons living above the fame, in any manner whatfoever. 

C HAP. CVIII. 

-i'ii Act empozvcring Duncan M' Farland to eflablif/j a turnpike at his bridge on the new road from 

Fayetteville to Camden. 
I. T~) E it enacted by the General Affcmbiy of thejlate of North-Carolina, and it is hereby cnaBed 
jLJ liy the authority of the fame, That'tor ami in confideration of the trouble and expence 
win i Hie faid Duncan M'Farland mav beat in' keeping the faid bridge and caufeways in repair^ 
tht- fame with all the profits and emoluments (hall be and are hereby veiled in the laid Duncan 
M-'Farland, his heirs and affig is, ninety-nine years ; and it (hall and may be lawful tor the faid 
Duncan M'Farland, his heirs or a (Tigris, to fet up a gate or gates on any part of the faid bridge 
or caufeways, and at all times when the fame (hall ! e fitting tor the fate puifage of horfes and 
carriages, demand and receive at the faid gate, excep* as hereafter excepted, the following rates, 
to wit : For every man and norfe the fum'of five cents, for every carriage wheel thefumoften 
cenrfe, for every head of black cattle or finale horfe the fum of two cents, for every weep or hog 
the fum of one cent. Provided neverthelvfs. That all perfons having waggons or carts loaded 
tol market, palling the faid bridge, (hall when they return from the fame market pa'y only the 
half above mentioned rates •;' and likewife, all jleM«hs who have affilied the fai d M'Farlandin fi- 
ntlhing the faid bri Ige, road or -cdufeway, Ih ill b* at liberty 'to pafs and repafs at all times the 
faid sjate or gate', free from payin a;>y -toll for t: e term or fpace of leven year.;, •commenced 
the firit day "of November laft. 

II. Andbe.it further enaBed, That in co'.fideratirm of the 'tolls hereby granted the faid Dun- 
can M" Farland, his heirs and alliens, lliall torevcr after the faid gate or gates are fet up, keep 
the fa.il bridge ant caufeways i,i good and na liable order tor carriages and horics, and in tale of 
neglect, any perfon or perf ns ihall be entitled to recover any damages that they may fuftain by 
the fane being -out of -repair, before any junf Action having cognizance thereof. 

III. And be it iurther cvacled, 'I hat t 1 e laid bridge and caufeways (hall Le efteemed and ta- 
ken as a pub ie highway upon gating the toll impofed bv this act. 

' IV '.■ And be it' further tna'clea by the authority aforefuid, That in cafe of refufal to pay faid tolls 
at the time of o'il'ering to pafs the toll gate erected as above mentioned, and previous to paying 
the fame, fhe collector or toll-keeper or proprietor of the faid bridge may lawfully retufe palfage 
to anv perfon or perfons fo refufing payment ; and if any perlon or perfons (hall pafs without 
paying the fame, the collector, toll-keeper or proprietor may recover to the full amount of the 
tolls above 'mentioned with colts, before any Jiiltice'of the Peace, in any county where the of- 
1 bid r may be taken. 

V. And hell i urther enacled, That no toll fhall be received or demanded until the firft day of 
October, one thoufand (even hundre d and ninefy-nTne. Provided,- That nothing herein contain- 
ed (hall beeonftrued to extend to prevent the General Alfembly at any time hereafter to alter the 
tolls herein and hereby eftah ifhed. 



C 11 A P. CI X. 




CHAP. CX. 



/!n Aft to confirm the names of the natural born children of John Alfton, of the county of TP'ahe. 

WHEREAS it is the defife of John Alfton, of the county of Wak<", that the names of his 
natural born children, to wit, John AHlon, ChriltiaY) Alfton, George Lillington Alfton, 
Abfalom Alfton, James Alfton, Sally Alfton, Phillip Alfton, Patfey Alfton ana Lemuel Alfton, 
be confirmed by legiflative authority ; 

I. Be it enacled by the General Aff'embly of the flute of North-Carolina, and it is hereby enacled 
fa the authority of the fane. That from and after, the palling of this acl, the names of^ohn Alfton, 
Chrifttan Alfton, George Lillington Alfton, Abraham Alfton, James Alfton, Sally Alfton, Phil- 
lip A'flon, Patfey AHlon and Lemuel Alfton, fhall be confirmed-; and by the faid names of John 
Alfton. Cbriftian Alfton, George LillingtbVi Alfton, Abfalom Alfton, James Alfton, Sally Al- 
fton, p'hiiirp Alfton, Patfey Alfton and Lemuel Alfton, they may fue and be fried, plead and be 
inplealei in 4"v court of re ord in this fiate, acquire and transfer property which they may pof- 
f-fs either by pnrchafe, defcent or otherwife, and in all things whatfoever, be in the fame fitua- 
tion as if they had been born in lawful wedlock i any law, ufsge or cuftom to the contrary not- 
withftanding. 

CHAP, 



LAWS of NORTH -CAROLINA. 49 



nd that ttlC laHl JailieS DC IClIIUUluvcu uv mc i,iiu imuie, n.nu »in.ii:4> n 10 |i-pi>-n.iu<.u iu im» 

Jencral Alfembly that Seth Wliidbie, l'faac Thomplon alul William Langllon would be much 
enefited'by havim' their names altered to that or Seth Suihncr, liaac Handley ahd William Ed- 



1798. 

CHAP. CXI. ^r-> 

An Ad to alter end confirm the nanus of, and legitimate certain perjons therein mentioned. 

WHEREAS Samuel Fcrgufon of Craven county, hath lis;nified his wifh to this General 
Affetnblv, that the names of himfelf and five children, to wit : Anne, James, Elizabeth, 
Sally and Nancy, be altered and confirmed to that of Simmons. And whereas- John t Gay land 
of Hyde county, hath petitioned. this General Affcmbly, to alter the name of Sophia Bell, a 
natural born daughter of his, to that ot Sophia Gaylanci, and legitimate the laid Sophia. And 
whereas Squire Koberfon of Richmond county,' hath petitioned that the name ot William Smith, 
a natural born fon, be altered to that of William Roberfon, and that the (aid William be legiti- 
mated by the laid name. And whereas Jonah Brinkley of the county of Halifax, hath petitioned 
t&is General Allembly, to alter the names of Ftirnia QlirallsJ a natural borti fon; to that of Fur- 
nia Brinkley, and that the faid Fui'nia be legitimated by the laid name. And whereas Richard 
Reynolds hath petitioned to have the na'.nc dt James Edwards altered to that of James Reynolds, 
and that the faid James be legjti&ated by the laid name. And whereas it is reprelcnted to this 
Ge 
bene 
wards, 

I. Be it 'therefore enacled by the General AJJembly of the Jlatc of Nsrth-Carslina, and it is hereby 
ena3ed ky the authority </ ' thefamc, That toi ever' hereafter the laid Samuel Fcrgufon and his five 
children, to wit : Anne Fergnfon, James gergqfon, Elizabeth Fergufon, Sally Fergufon and 
Nancy Ferpufon, 111 a 11 be called and known by the names of Samuel Simmons, Anne Simmons, 
lames Simmons, Elizabeth Simmons, Sally Simmons and Nancy Simmons, and the faid So- 
phia Bell'thal! be called and known by the name ot Sophia Gayland ; and the laid William Smith 
by the name of William Roberfon ; and the (aid Furnia Oualls by the name ot Furnia Brink- 
ley • and the laid James Edwards by tne name pt James Reynolds ; and the laid Set li Whidbie 
by the ri'attis of Sen Sumner ;,and the laid If.tac Tito n,)fon by the name of llaac Handley ; and 
the faid Wiiliam Langfton by the nam' of William E (wards ; by which faid names refpeftive- 
ly as above altered and confirmed, the faid perfoiis and each and every of them fhall be called and 
known, and thall have, inherit, pollefs and enjoy by purchaie or by defcent any tllate or proper T 
ty vvhatfoever, in ias full and ample manner as if each and ev ( ery ot them had been born in lawful 
wedlock • and it (hall and may he lawful for the, iVid -perfoiis -by the faid names as above altered 
and confirmee', to Tie and be fued-, -plead ^THre-irrrp4eaded in any Court ot Law and Equity wha't- 

loever. , „ 

. ■ '■ ol — \ ■ , . ' . ■ > — &, . __ 

C H A P. CXil. 

■ . An Aft to emancipate certain perfans therein :narticd\ 

WHEREAS Alexander Stewart ahd Lydia/rus, wife, have by deed under their hands and Teals, 
given, granted and confirmed unto John Cafnt hers Stanly, a p'erfon of mixed blood, here-r 
tofore their flave, his freedom, as a! reward tor his meritorious Cervices : And whereas the laid 
John Cariithcrs Stanly is defirou's of having his emancipation confirmed by law. And w-hersas A- 
melia Green, a free woman ot colour, has petitioned ;this General. Alfembly, to emancipate her 
daughter Princefs Greeny • . 

- I. Be if therefore- ensiled by the 'General ■Affcmlly of thejiatc of Kortb-Cdrolin/t., and it is here- 
by enacled by the authority of the feme, That the 'laid John Carulhers Stanly and Puncefs Green, 
by the faid names, are hereby emancipated-a-fvd-let tixe : a+wi- t-he faid perfons hereby liberated, 
and each of them are hereby declared to be able jiud capable inlaw) to. polfefs, a'hd enjoT every right", 
privilege and immunity, In as full and ampld manner as they could or might have done if they 
had been born free. .;.-:.:.' 

■ — " "•• c"H"A"k"cxtir."";-^— ~ 

An Aft to emancipate certain perfons therein rhentfonca. 
I. T3E it enacled by the General Af'cmbly ofthejlate of North-Carolina, and it is hereby enabled 
X3 by the authority of the fame, That from and after the palling of this aft, Rofe the wife of 
Lemuel Overton, and her two fons John and Burdock ; a negro woman named Grace, arid her 
fon Harry, the property of Thomas Amis, deceafed ; a negro girl named Belt, and a negro boy 
named John, the property of Mofes Parker ; a mulatto gir] named Nancy, and her child Eliza, 
the property of General Thomas Perfon, of Granville county ; 9 negro woman named Creafe ; 
ahegro fellow named Tom, and his wife Prifs and her five' children, to wit, Allen, Charity, 
Breny, Willie and Creafe, the property of Samuel Williams, deceafed, of the county of Warren, 
alfo the increafc of the faid Prifs and her female children, fince the date of the lail will of the 
faid Williams ; alfo one negro man Daniel, formerly the property of James Allen ; and a negro 
man named Ginger, formerly the property of Mark Allen, of Montgomery coiint)> be and thev 
are hereby emancipated and fet free, and hereafter (hall be called and known by the following 
names, to wit : Rofe Overton, John Overtoil, Burdock Overton, Grace Webb^ Harry Webb, 
Betty Black, John Black, Nancy Hart, Eliza Hart, Creafe Green, Tom Green, Prifs Green, 
Allen Greet!, Charity Green, Breny Green, Willie Green and Creafe Green* and the increafc of 
the faid Prifs and her female children as aforefaid, by their refpeftive names, with the addition 
of Green, Daniel Shad and Ginger Pepper ; and by the names aforefaid, they and each of them 

N nuii 



5'o L A W S of N O R T H-C A R O L I'N A. 



i 



798, 



fhall have, enjoy and poffefs all the rights ; privileges and immunities which they would have been 
entitled to, had they been born free ; any law to the contrary; rtotwithftanding. 

J I. And be it further cnacled, That a negro man the property "'of Qzbonie Jeffries, named 
Sam, and a negro woman the property of Dixon , Bt>gyei-'named r -C-l-H!tfea,. (hall, tje and .thev are 
hereby ' -emancipated and let tree,- the laid Sam by the name of Buff-aloe Sam, and the faid Chel- 
iea by the name of Chelfea Reed, and they (hall be entitled to the faint privileges, which perlons 
ot colour bom free are entitled to. 



, ; z u a p. cxiv: ' 

An Act. to pardon and re/tore to credit a ccr.'Jin I! illiar; Ambrofe, of JVale' county. 

WHEREAS it is repreieinird to the General Aillmbly of jSfor.ih-Carouria, that a -certain 
William Ambrole, of Wake county, was coi.victed fotr.e years pait of petit larccnv : 
and whereas it a lib appears that the laid William Ambrofe li'ath lincc reformed and behaved hirn- 
lelt as a good hotted citizen ; 

I. Be it enacted ly the General Ajfimbly of the fiat e of North-Carolina, and it is hereby cnacled 
by the authority of the jennc, That irom and alter the palling of this act, the laid William Am- 
brofe fliall be' reftored 10 his credit, and all other 3ilabilltic's which have accrued by virtue of the 
faijd conviction, (hall be as completely removed to all intents and purpofes as if the laid convic- 
tion had never happened ; any law to the contrary notwithtla-ndinir. 

< C H A P. CXV. 
JnAA to refiore to credit Benjamin Bryant, of the county of Buncombe, Mofes JVhiit , of the coun-~ 

ty of Anfon, and Samuel Fields',' of the county of Randolph. 
I. TJE it enctilcdb-; the General Affaubly of "the Jlate of North-Carolina, and it is hereby enail- 
J3 ed by the authority of the Ja* e,_ f Wat from at:d after the palling of this act, Benjamin Bry- 
ant, of the county of Buncombe, M^les White, of the county ot Anfon, and Samuel Fields, of 
the county of Randolph, (hall be'rc-ltored to credit in as full and ample- a manner as if they the 
faid Benjamin, Mofes and Sarriuel had never been ■ convicted of any crime of what kind and nature 
Soever : That they the faid'Bcnjamin', Mofes and Sarhuel may and fhall be received as competent 
witnefTes, in all the court's of record of this ltate, arid before any jurifdictiort having the right to 
ad mini Iter the oaths, in the fame mariner as if they had not received any con via ion. of crimes, in 
;my of the courts of juftice within this flate ; anv rhinrr to the contrary ncifwith feeding. 

1'i 'A V. laVi. 
An Act to retnftati- Jaincs Powell hi the rights and privile-c; of a citizen. 

WHEREAS it is reprefented to this General Affefribly, by petition of a number of refpecla- 
ble inhabitants of Chatham county', that James Powell of faid- county, about eighteen 
years part, when about tweraty-xtrje years ot age, was by his* own confeffion convicted of 'petit lar- 
ceny, fince which time he has relidedin the laid county of Chatham, and conducted himfelf as 3 
good citizen, and prays that he may be reftored to the privileges ot. a citizen ; 

I. Be it therefore en-Jcled by the General Ajfcmbly of the Jlate of North-Cat olina, and it is hereby 
enaSlcitby the authority of the fame, That the faid James Powell be and he is hereby declared to 
be reinftated to credit, in as full and ample a manner as if he never had been convicted of faid of- 
fence, and that due faith and credit fhall be paid and given to his oath in" all cafes where neceffa- 
ry to be taken ; any law to the contrary notwithstanding. 

Read three times and ratified in General A]/cmbly,\ ■ ■-.. 

the 24-th dav of December, Anno Domini, 1798. - 1 ni . . 

BENJAMIN SMITH,' Speal-er cf the Senate. 
MUSSENDINE MATTHEWS 1 , Speaker ■»/ theHttife of Commons. 
Copy. Will. White, Secretary. 



APPENDIX. 
Publifiied agreeably to a Refolve of the laft General AfTembly. 



si 









The fallowing funis were paid out of the Public Treafury fince the firjl of November, 1797. 



Archibald Griffin, member of AfJ'tmbly, 
William F. Strudwick, do 
Francis Pugh, 



Jeli'e Robinett, 
William H. Hill, 
William Perfon, 
James Callic-r, 
Matthias Hanrly, 
John Newnan, 
Frederick Phillips, 
Alexander D. Moore, 
Nathaniel Alexander, 
George Davis, 
George Outlaw, 
Thomas Taylor, 
Holland Johnlton, 
Joleph Dickfon, 
Solomon Rogers, 
John Hill, 
Solomon Green, 
William M'Kinzie, 
^Wallace Alexander, 
jc'thro Darden, 
Hans Patten, 
Jofeph Harvey, 
Thomas Banks, 
Richard Croom, 
Benjamin Shepperd, 
James Miirphy, 
William Hinton, 
Tignall Jones, 
Edmund Waddell. 
Henry Branfon, 
Samuel Afhe, 
Thaddeus Barnes, 
Hugh Armflrong, 
Robert Blackwell, 
Afa Bifhop, 
James Bradfhawy 
Kedar Bryan, 
Newell Bell, 
Thomas Ellifon, 
Richard M'Kihnie, 
William Forrange, 
John Hall, 
Matachi Jones, 
Nathan Gilbert, 
William Hughletf, 
Nathaniel Loomifs, 
George Lee, 
Gideon Edwards, 
John Highman, 
Henry Scales, 
James Thompfon, 
Jeremiah Slade, 
James Marshall, 
Thomas Love, 
Neill Smith, 
James Watfon, 
John Rigan, 
Jofeph Whyte, 
Humphrey Hudgens, 
Frederick Bryan, 



do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 

do. 

do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 

do. 

do. 
do. 
do. 
do. 
do. 
do. 
do! 
do. 
do. 
do. 
do. 
do. 



Amtunt carried forward £. 



, 43 15 




■47 18 


6 


49 18 




55 


S 


50 8 


4 


48 15 




4$, 10 




44 6 


8 


55 *4 




43 15 




55 




58 q 




52 10 




49 16 


5 


• 47 8 


5l .16 


8 


5i 17 




■ 44 14 


8 


56 4 


6 


4ln, 




48 6 


8 


. 6q 5 


t 


54 '« 


4 


■ *Jj 




5+ 5, 




5s io- 




42 it; 




3i "18 




. 6 3 l 9 




.4-4 5 




44 16 




j 47 12 




I 5i 5 




,. 53 15 




5o 8 


4 


■S 6 5 




sf-9, n 


8 


64 8 


4 


5 6 7 


. 


56 US 


.4 


57' «8 


4 


-55 1.8 


* 


47 18 


6 


59 6 




48 6 


8 


68 1 


4 


48 15 




5+ 3 


4 


53 l6 


8 


48 15 




57 18 


6 


5 1 




5 2 1 


8 


50 




52 1 


S 


53 l 9 




68 6 


8 


50 2 




64 8 


4 


52 5 


8 


57 2 


2 


55 16 


4 


40 2 




3286 17 





Amount brought forward 
Thomas Stokes, member of Ajfcmbly, 
Archibald M 'Curdy, 
Matthew Brooks, 
\\ el} Hiirri.% 
Wood ]. HaVnlin, 
J ol) a Dabney, 
Henfy Eeberry, 
Wigiani Ehfh, 
Daniel Giiilon, 
Caleb Phifer, 
James F. Sanford 1 , 
Simon A'derlon, 
Daniel jffofsj 
John Peay, 
William Robefoni 
Zepfieniah Burgefsj 
Jofeph Wood, 
Henry Selby, 
Thomas Marchaht, 
S/tephjsn W. Carney, 
Jofeph Reddick, 
Peter Forney, 
Jofeph Hatch", 
David Culdwell, 
Mut'cndine Matthews, 
H.-ns' Hamilton, 
Alexander Erwin, 
Jacob Gafton, 
James Britton, 
James B'unyard, 
Martin G. Shepperd, 
Benjamin Smith, 
Abram Belitnt, 
Cornelius Dovvd, 
Daniel M'lntoih, 
JjOfi 1 h 'i Di k.ay, 
Jan/cs Phillips, 
Knhcrt Webb, 
Samuel bitnpfon, 
J 1. lie Franklin, 

James Dkk, 
Charles Banner, 
James Wiilborn, 
Amos Johnflon, 
James Bradley, 

William M'Ch re, Ao. 

James A. Tabb, do. 

James Conner, do. 

Henry Hill, do. 

John Fofter, do. 

William P. Lytic; do. 

John D.ailey, do. 

Ditto, ' do. 

John Ccor Pindar, - do. 

James Morehead, do. 

Thomas Wynns, do. 

William Blaekledge, do. 

Wynn Dixon, do. 

Chriftopher Dudley, do. 

John Campbell, do. 

Solomon Graves, do. 

Nathan Mayo, do. 



do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 

do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 

do. 

do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
,\ 



3286 17 




46 13 


4 


56 II 




54 11 


6 


53 ° 


6 


49 18 


4 


48 8 


8 


52 10 




52 7 


8 


5i 


4 


56 10 




50 18 


8 


58 2 


8 


53 18 


4 


5 1 '3 


4 


53 6 


8 


61 8 


4 


52 6 


8 


56 15 




64 6 


8 


5i 5 




56 8 




59 15 


S 


35 16 




57 }S 




57 i4 




51 5 




63 19 




47 11 


4 


68 6 


6 


6 3 »5 




50 




<s 19 


6 


53 6 


6 


48 16 


8 


47 4 


6 


62 6 


6 


63 18 


6 


53 10 


6 


32 1 


6 


57 l ° 
a8 6 


i 


53 '5 




59 11 


c 


52 11 


■8 


47 2 




55 4 


6 


^0 8 


4 


58 1 


4 


46 5 




•38 15 




48 6 


6 


23 16 


i 


37 " ■ 
44 11 


i 


51 18 


8 


54 




51 10 




5° 




39 14 


■ 


49 3 


6 


49 3 


4 


So 8 


6 



Amount carried forward /. 6509 14 



ja 



APPENDIX 



Amount brought forward,. £ 
James Hofkiris, member of Ajjcmbly, 
Frederick Grift, do. 

Abram Phillips, do. 

Lemuel Creecy, do. 

James Gatlin, do. 

John Gilchrift, do. 

Bailey Jackfon, do.' 

Hec|or M'Aililier, do. 

Thomas J ohnfton, do. 

Daniel M'Clain, do. 

John Guiiher, do. 

Jofeph S. Cray, do. 

Benjamin Cofhcld, do. 

Haijc'e M'Cain, do. 

John Cabe, do. 

Samuel Lindfay, do. 

Ifaac Jackfon, do. 

John Fulford, do. 

John Williams, do. 

William Taylor, 'do. 

Samuel Carpenter, do. 

Probate Collier, "do. 

John Ramfour, do. 

James B. Jordan, do; 

Samuel 'Smith, do. 

Conrod Hildebrand, do. 

Jofiah Lewis, do. 

Benjamin Williamfon, do. 
Jofeph T. Rhodes, do. 

George Lucas, do; 

Thomas Perfon, do. 

Archibald Hunter, do". 

James Jones, do. 

Henry Goodman, do. 

Robert White, do; 

William 4 Breton, do. 

James Holland, do. 

John Skinner, do. 

Redmond Bunn, do. 

John M. Binford, do, 

William Bailey, do. 

Charles Spruill, do. 

Samuel Benton, do. 

Henry Tillman, do. 

Edward Graham, do. 

Brittain Harris, do. 

Arthur Harris, do. 

Richard Benbury, do. 

Abfalom Tatom, do. 

Gabriel Holmes, do. 

Robert Irwin, do. 

Matthew Brandon, do. 

Thomas Carfony do. 

Bazil Gaither, do. 

Jonas Bedford, do. 

Bazil Gaither, do. 

William Edmunds, do. 

John Hunt, as Clerk of the Affembly 

Ditto, for tranfeript, &c. &c. 
Sherwood Haywood, do. 

Ditto, for tranfeript, &c. &c. 
Montfort Stokes, Afliftant-Clcrk, 

Pleafant Henderfon, do. 

Robert Williams, do. 

Richard W Frecar, do. 

Francis Locke, do. 



Amount carried forward, £. 10,331 8 4 



£j 6509 14 


.2 


59 5 




!{2 18 


4 


51 5 




54 6 




54 14 


8 


5 1 5 




61 6 


% 


47 18 


6 


58 2 


'2 


47 2 


8 


55 16 


8 


56 6 


8 


57 18 




5° 17 


6 


46 5 




49 !° 




54 




59 8 


6 


44 1 


'8 


49 § 


4 


62 9 


8 


5 1 5 




60 12 


4 


5 1 13 


4 


55 i& 


6 


62 5 




5], 5 


6 


50 t> 




52 11 


6 


40 9 




46 5 




46 : 




5+ 8 


4 


46 13 


4 


30 6 




07 I 


: 8 


64 13 


6 


s« ' 




48 15 




52 3 


6 


1 52 12 




58 '6 


6 


39 6 


8 


56. 16 




55 * 


8 


46 5 




52 lb 


4 


58 9 


4 


46 13 


■4 


48 19 




.58 9 




56 6 


8 


54 15 


8 


' 57 l 5 




65 1 


8 


5 6 W 


6 


. • 5 2 l 


8 


.y, 112 18 


4 


74 


6 


JI 7 5 




7 2 




119 17 
71 6 


6 


8 


55 § 


4 


77 * 


8 


82 16 





Amount brought forward, '£. 101,331 8 



Thomas Rogers, Alliitant-Clerk, 
Robert Williams, do. 

Thomas Pound, Door-keeper, 
John Wilion, do. 

Nicholas Murphy, do. 
John Lumfderi, do. 

Door-keepers of Affembly, 
Thomas Pound, for tongs, &c. 
Theophel.is Hunter, for wood, 
William 'Shaw, for candles, 
C. Watkins, Committee of Claim's, 
Maty Norcut, do. 

Holland J'ohniton, do. 
Jelle Sanders', do. 

Francis Scarborough, do. 
James Watkins, do. 

George Barge, 'do. 

Robenion Mumford, do. 
Jeffc Lee'j do. 

Jelle Lee' j do. 

William Rob'lnfon, do. 
William Kobinfon, do. 
Benjamin Long, do. 

ffaa'c Hill, do. 

Abraham Stenier, rj'cf. 
John Forrifler, do. 

Robert Otfborne, do. 
Elijah Callaway, do. 

Charles F. Bugga, do. 
Peter Shore', do. 

John' Abberhathy, do. 
John F. Keo zke, do. 
Sufannah Lowdaniel, do. 
Peter Houzer, do. 

James Hanfell, io. 

Benjamin Weaver, do. 
Jacob Lutz, fen'r. ' do. 
Jacob Lu't'z, jun'r. do. 
Daniel Stuckner, do. 

Lawfon Henderfon, do. 
John M'Gimpfey, do. 
Samuel M'Kimey, 0*0. 
James M'Entire, do. 

Lett is Lewis, Mb. 

Abraham'B. Simmons, do. 
Abraham Mofes, do. 

John Scarboiough, do. 
Francis Bullock, do. 

Jonathan Bullock, do. 

Willie Rogers, do. 

John Hill, do. 

Stephen Pace, do. 

Andrew Murdock, do. 
Ewell Watts, do. 

Eafter Little, do. 

John Folter, do. 

Miles Knight, do. 

Elizabeth Smith, do. 

Reuben Matthews, do. 
Spence Watts, do. 

Roger Moore, private Sec'y's falary, 
-Black and Harris, bounty for making"! 

a mufket and bayonet, / •>-> 

Ranfon Southerland, Councillor, 6 

James Glafgow, falary as Secretary, 50 
Governor's falary for 1797, in full, 400 



39 

40 

S2 
48 

'47 
48 
20 

3 

4o 
10 

9 
4 
4 

n 

3 
9 
14 
5 

5 

2 3 
5 
2 
2 

4 
8 

I 

5 
4 
4 
3 
3 
5 
4 
4 

? 
6 

3 

2 

5 

7 

15 
6 
6 

4 
3 
9 
9 

2 

7' 
2 

5 
1 

6 

6 
8 
6 

2 

1 

5o 



1 

6 

18 

6 



4 
8 

8 

6 
6 
8 



3 

3 4 
6 8 
6 8 

4 

4 8 

3 '4 
i* 8 

'7 4 

1 4 

»5 

8 4 

8 4 

9 4 
o 6 

'4 5 
8 8 
10 

,* 8 

12 8 

o 8 

12 8 

10 

8 8 

5 4 

'7 4 
5 
16 

i i 

2 8 
n. 4 

4 8 
'3 4 

8 

14 
8 



15 4 

8 8 
8 

8 8 

»5 4 



io 



Amount carriedforward, £. 11,616 3 



APPENDIX. 



53 



Amount brought forward £. 11,616 3 7 
Abraham Hodge's falary as Printer, 300 
Roger Moore, pr. Sec')-, for feals, &c. 179 15 
James Glafgow as Sec'y falaiy, 50 

Thomas Brown, Councillor, 13 14 4 

IfaacHutchins, door-keeper to council, 3 15 

10 
400 
14 19 4 
9 18 4 



Roger Moore, Clerk to ditto. 

Governor A(he, falaiy 

Thomas Brown, Councillor, 

John Branch, do. 

Samuel and W. Carothers, bounty "\ 



for making powder, 



I 



100 



8 
10 

3 



Ifaac Huichins, door-keeper to council, 3 15 
Zackfield Martin, exprels tor Tennelfce, 82 10 

10 
ib 15 

50 
14 
15 
15 
250 
12 
12 
10 
6 
10 

36 

12 

20 

1 



Robert Williams, Clerk to council, 
Thomas Hill, Councillor, 
Roger Moore, pr. Sec'ry, falary, 
Henry VVatters, Councillor, 
Thomas Hill, do. 

Henry Watters, do. 
John Craven, falary, 
Henry Taylor, all invalid penfioner, 



do. 
do. 
do. 
do. 
do. 
do. 
do. 



Henry Taylor, 

John Cain, 

William Morgan, 

James Redlern, 

Harthorn Harris, 

Sarah Bennett, 

jofeph Walfori, 

John Hu^hs, comparing the poll, 

Ephraim Gordon, a private loldier i 

in the Cumberland battalion, j 
Francis Johnftonj invalid pehfione'r, . 5 
'Mofes'Eerket, do. 15 

Thomas ;Callender, -per relolvC, , 407 

Thomas Wright, do. 47 

Benjamin Erevan, do. 2 

■Jofeph Morgan, for guarding jail, - 79 
William Threadgell, per refolve, ( 16 
William Sheppard, do. 170 

Abram Hodge, do. 100 

Stephen Brooks, do. 5 

Patrick Boggan, do. 5 

B'ickner Nance, do. 100 

James Wilfon, "do. 85 

Thomas Carfon, do. 108 

William Glendenning:, for paper, 
Ifaac M'Callum, tor tape, 
Hahce Hamilton, per rclolvc, 138 

Francis Locke, CommilhoncVj 92 

Jofcpli Adams, Clerk K> Trealurer', 35 

Montfort Stokes, advertifing docket", 9 

Ditto do. 9 

Nathan Chaffin, comparing poll, 6 

Abram Hodge, printing certificates, 
James Willborn, Commiffioner, 78 

Jofhua Suggs 6c others guarging the} 

ftate-honfe', J I59 

Gavin Alves, Clerk to.Treafurer; 5 

James Holland, Commiffioner, 60 

Stephen Haywood, Clerk to Ailembly, 25 
Gaither & Locke, for fafe keeping") 

Tyrrel's papers, j 3 

Jofeph Arrington, repairing jails, 200 

William Brittain, Commiffioner, 75 

William Glendenning, for quills, &c. 2 



5 
14 



18 
1.0 



J 3 



'9 



'•4 



5 
I 5 



10 



Amount carried forward £. i$,4-2g 19 10 



Amount brought forward, £. 15, 
Bazil Gaither, Commiffioner, 
John Wright, making return asE. tak. 
John M'Gimpfey, for travelling as Sh. 
Elmfley Parks, making return, 
Amos J ohnlton, making return as E. T' 
Lovatt Burgels, adveVtlling rule of court 
Abram Hodge, printing lor Tr. dep. 
William R. Dunham, return as E. T. 
M&tr; plailtering flate-houfc, 
William Glendenning, paper, 
Btnj. Pilchard', for Inaking a fword, 
Guard from Salifbury with Tyrrel's") 
papers; J 

Eldvvard Graham, Commiffioner, 
James Mears, Tyrrel's guard, 
William Glendenning, tor paper, 
Stephen Haywood, Clerk Treafury, 
Rich. W. I' reear, Clk. Commifiioners, 
James Glafgow, for copying ails, 
James Brittain; Commillioner, . 
.Samuel Chapman, furnifhing Entry-") 
taker's returns, J 

James Eallon, for (hovel & tongs, 
William Shaw, for protecting the") 
public yard, j 

W r illiam Shaw, tor keeping clean \ 
the ftate-honfe, J 

J. Hamilton of Edenton, as Eleclor, 
Jofh. Suggs, for guarding S. houfe, 
Reuben Butler, Brigade- 1 nfpedtor, 
Jofh. Williams, for a defic. of laud, 
Lewis Deal, for do. 

William M'QuefVoh, do. 
Jofeph Davifon, 



429 


*9 


10 


93 
5 


10 
16 


8 


10 


10 




b 

. 6 


7 
4 


4 


, '4 






20 


2 




9 


16 
10 


6 


3 


1 




10 







48 

6r 



2-I 
I 


r4 

2 


6 


165 

68 


14 


6 


84 






5' 








8 


8 


1 


10 




'10 







10 

108 
19 



Blake Bryan, 
Samuel Lees, 
Robert Cochran, 

Ditto, 

George Jackfon, 
Robert Cochran, . 
H a r r i lb n &c J o h nit o n , 
Robert Hart, 
R lie boi torn & Billes, 
1 homas Phillips, 
Ebenezer Whitney, 
Blake Bryan, 
vVilliam Dunn, 
J olin Grimiby> 

Ditto, 
John M. Sheppard, 
William Iflerj 
Frederick Hargett, 
William Deal, 
William Sheppard, Collector of Ar> \ 
rears, comm'iffions, X 

James Hunter, Cumberland battalion, 
Edward Jones, Solicitor, 
William Page, Cumberland battalion, 
John Hunter, do. 

William Dolton, do. 

John Haywood, Judge, 
Spruce Macay, do. 
Spruce Macay, do. 
Spruce Macay, do. 
Spruce Macay, do. 



. do', 
do. 
do. 
do. 

do. 

do. 

do. 

'do.' 

do. 

do. 

do. 

do. 

do. 

do. 
do. 
do, 
do. 
do. 
do. 
do. 



I 

2 
n 

3 

3 
16 

16 

1 
16 



1 

5 
1 

77 

65 

40 

?S 
168 

94 
100 
160 
loo 

100 
100 



3 4 
3 



1 

4 
3 



11 

12 
o 
11 

7 
15 



iS 
5 

Q 



6 1 1 

1 

4 6 

12 

lo 

r4 1 1 

17 6 

3 o 

2 6 

14 4 



Amount carried forward f. : ~ . 200 12 10 



54 



APPENDIX 



9 
10 



16 
ii 

3 
3 
5 



/mount brought forward, £. 17,290 r2 10 

Edward Jones, Solicitor, 40 

Ditto, do, 60 

Ditto, do. 40 

Ditto, do. 40 

Blake Baker, Attorney-Generar; 40 

Ditto, ' do. 40 

John Haywood, Judge, 100 

Vraricis L?ckc, Attorney, 40 

Pa'plel Hewftbn, invalid pensioner, i"2- 

Humphrey Rogers, do. 12 

John Spears, invalid penfioner, 10 

Ditto, do. 8 

Ellinor Tnrelove, do. 10 

Henry Shcppard, Collector's comm's. 13 
James Howard, Sheriff, for travelling, 1 

Stephen Fagan, do. 434. 

John Loekhart, Collector of arrears, 86 18 7 

Samuel Chapman, Alfeifor, 2 

Ifaac Gtiion, do. 2 

Jacob Vanhook, travelling to fettle, 2 
James Howard, comparing poll of elect. 3 

Francis Lowthorp, Ali'eflbr, 6 

Robert Vanhook, comparing poll, 334 

Francis, Low >horp, do. 434 

Daniel Dawfon, do. 6 
SimeonGereiV, travelling to fettle as ShfF. 3 

David Stone, Judge, ioo 

Ditto, do. 100 

Ditto-, do. Too 

Dittcr, do. 100 

Ditto, do. 100 

H. Sheppard, Colled, of arrears, com. 32 10 

Silas Cooke; for copying docket; 20 

Ditto. do. 10 

Jofhua Suggs, guarding ftate-houfe, 132 10 

Robert Adam, for writing paper; 3 10 

David Stone, Judge, 100 

Ditto, do. 100 

John Williams, Judge, 400 

Ditto, do. 400 
Stephen Fagan, travelling to fettle as Sh. 5 5 

Owen Gregory, dti. do. 3 10 

John M'Neill, do. do. 3 10 

Lewis Blount, do. to 

Nathan Chaffin, Comparing poll, 4 II 

Thomas A. Ward, travelling to lettle, 7 10 
Marmaduke Kimbrough, comparing poll, 7 10 

Abner Weatherby, travelling to fettle, 4 10 

Ditto, comparing poll, 3 7 

John S. Weft, travelling to fettle, 6 

Lewis Wilis, do. 2 15 

Spruce Macay, Judge, loo 

Nathan Chaffin, to fettle taxes, 7 

Ezekiel Alexander, comparing poll, 4 5 ' 

Edmund Hatch, to fettle the taxes, 6 

Wm. W. Erwin, C 1;. Morgan diftridr, 10 

Jofeph Green, allowed depreciation, 732 

Ditto, do, dollar money, 4 

Francis Lowthorp, Coroner, 4 

E Imtind Perkins, Jailor, 88 

John M'Gimpfey, guarding jail, 13 

William Carter, a witnefs 2 

Abram Collins, do. 4 

Charles Sanders, do. 2 
William W. Erwin, do. 319 

John Hill, Jailor of Salifbury, 71 



12 

'7 

4 

l 9 
1 1 

3 

3 

18 
16 



/mount brought forzi<3rd'£. 21^006 
Nathan Chaffin, conveying prisoners, 9 
Francis Lowthorp, Coroner, 4 

John Carter, a witnefs, 2 

John M'Nut Alexander, defic. of land, I 
Archibald Martin, Cumberland batta, 



ditto. 



82 

100 
loo 

ICO 

7 
2tiO 
2CO 

5 

300 

2 

4 



12 
6 

3 
5 
2 
2 



18 



10 
5 



Jofeph Hopkins, 
Spruce Macay, Judge-, 

Ditto, do. 

Ditto-, do. 

John Smith, comparing poll', 
Howan Howett, repairing jails, 
Jonathan Robert?, ditto, 

Andrew Robinfon, comparing poll, 
Samuel Spencer, Judge, 
William Boylan, printing, 
John Eaton, comparing poll, 
A. M'Doriough, making a writing defk, 5 
Matthew Joiner, land deficiency, 1 16 

William Pennick, Brigade-lnfpeclor, 33 8 
Samuel B'air, Cumberland battalion, 82 2 
John Tilley; ditto, 45 x2 

Ozwell Phillip?, . ditto, 82 2 

William Glcndenning, for paper, 2 16 

Lewis Greene, Jailor, 
Chriftopher Buton, witnefs, 
Norman Duffy, ditto, 

Daniel M'Daniel, ditto, 
Abram Hodge, falary, 
John Craven, falary, 
Holland Johnflon, Brigade-Infpecror, 
Reuben Wood, Solicitor pro tern. 
Wm. R. Pickett, fettling with Treas'r 
Jofeph Roller-, comparing poll, 
Ifaftc Hill, fettling with Treafurer, 
William Simmons, comparing poll, 
Peter Dauge, fettling with Treafurer, 10 10 
Thomas Deane^ cofnparin;; poll, c 16 

William Scott, ditto, 6 5 

William Harris; ditto, 4 7 

James Cherry, fettling with Treafurer, 6 
Robert M'Morine, ditto, 

SaiTiUcl Smith, ditto, 

Solomon Cherry, ditto, 

Reuben Ranfom, comparing poll, 
Lemuel Doty; fettling withTreafurer, 
Solomon Alcock, ditto, 10 10 

William Shaw, to draw intereft, 8 

John Matlock, travelling to the Treas'y. 4 



3 
11 

11 

11 



2 
10 

5 

5 

5 
300 
250 

23 15 

40 

7 
7 18 

3 5 
11 5 



10 

7 
5 

3 





16 

3 

5 



9 

. 10 

250 

5 

1 

9 

4 



/mount carried forward £. 21,006 8 j 



JefTe Jones, land deficiency, 

Fred. Hargett, commiilions as Collect 

John Craven, falary, 

Jofeph C. Bell, comparing poll, 

Andrew Murdock, ditto, 

John Smith, ditto, 

Treafury department, for printing, 

Underbill Ellis, Evan's battalion, 

Pleafant Kirby, committee Claims, 

William Stephens, - ditto, 

John Faddis, ditto, 

Gideon Moze, travelling to Trea. office, 

John Crowfon, comparing poll, 7 1 

William Cumming, guarding jail, 121 19 

James Glafgow, for record books, 13 10 

Robert Hails, fettling with Treafurer, 4 9 

Ditto, for comparing the poll; 4 1 

Peter Morgan, comparing poll, 3 II 

Ditto, for elector, 4 u 

Amount carr'udforward, £. 23,745 a 



12 
16 

8 

l 9 

3 

l 5 
41 12 

7 iJ 
7 ° 

*3 l 9 

4 10 



6 
6 



6 
6 
6 
6 
6 
6 
4 
4 
4 
4 



8 
6 



6 

8 

10 

4 



APPENDIX. 



55 



Amount brought forward, £. 23,745 2 2 
Peler Morgan, to fettle with Treasurer, 3 13 
Arihur Harris, to fettle with Treaiurer, 5 10 

Ditto, for comparing poll, 434 

Elijah Bell, comparing poll, '6 13 4 

William Goodman, Co. 3 5 

Andrew Murdock, do. I 19 8 

Governor Afhe, lalary, 200 

Anderfon Pafchal, comparing poll, 3 15 

Ditto, to fettle taxes, 3 5 

Henry Yancey, do. 3 

John M'Gimplty do. 11 10 

Wiiiiam B>>ylan, printing, 2 

Zachar ah Spencer, fettle the taxes, 10 

William Smith, do. 3 

Griffith Sawyer, comparing poll, 5 3 

William Carfon, fettle the taxes, II 5 

Edmund Bloun:, do. 6 

Wi liam Carfon, comparing the poll, 3 15 

Wiiiiam Goodman, fettle the'taxes, 3 15 

Ifaac Williams, do. 1 14 

Lawfon HenJerfon, do. 10 

John Nicholas, do. 5 

Eiias Houle, an invalid, 12 

John Window, for iididments, 23 2 

James Walker-, adverdfing docket, 5 

George-' J ohniton, land dehciency, 1 10 

Eliza Spicer do. 3 15 

Thomas Tyfon, . do. 7 o 6 

Roger Moore, pr. Sec'y. falary, -'50 

,William Bowers, comparing poll, 3 '10 

Francis Lovvthnrp, AHeffor, 2 

'Ifaac Guion, do. 2 

Allen Martin, a witnefs, 5 12 

Amos Alexander, land deficiency, 14 

Blake Baker, Attorney-General, 4° 

Nath. 'Blunt, committee of Claims, 3 15 4 

Edward Jones, Solicitor, 40 

Governor Afhe, falary, 200 

John Window, adver. rule of court, 24 
Jofhua Suggs, guarding Tyrrcl's pipers, 38 



'Giles Williams, land deficiency, 
John Daves, for 'confrfcated property, 
Elias Hoell, comparing poll-, 
Alexander Kilpatrii.k, do. 
Roger Moore, feals, &c. 
James Grimes, land deficiency, 
William Pol ok, do. 
William Dunkin, do. 
Ditto, do. 

John Carrell, corn-paring poll, 
Nathaniel Scales, do. 
James Purviance, Coroner, 

Ditto, comparing poll, 

James Glafgow, falary, 
Benjamin Cofrteld, Brigade-Infpeclor, 
William Alford, comparing poll, &c. 
Thomas Routledge, do. 
Francis Locke, Attorney, 



2 
44 

S 

10 



49 H 

1 *-3 
1 2 



'3 
'5 

5 



6 

5 
2 16 

2 12 



45 

3 2 
21 

S 

4o 



4 

18 

8 

*S 

5 
11 

1 



Amount brought forward, £. 2 
James Sutton, comparing poll, 
Jole-ph Dozier, do. 
Abram B. Simmons, do. 
Montfort Stokes, copying dockets, 
Charles Moore, "comparing poll, 
Ink powder, &c. tor Trealury-office, 
Hannah Roach, witnefs, 
Judge Haywood, 

Ditto', 

Ditto, 

Ditto, 
Judge Stone, 
Blake Baker, Attorney;, 

Ditto, do. 

Ditto, do. 

Ditto, do. 

Ditto, do. 

Ditto, do. 

Ditto, do. 

George Ellis, AlTeffor, 
Samuel Chapman, do. 
James Ellis, do. 

Samuel Chapman, do. 
Ifaac Guion, do. 

Samuel Chapman, do. 

Ditto, dd. 

I faac Guion, do. 

Nieholfon Wafhington, per refolve, 
James Moore, 'advert ifing docket, 
Jonah Dilliard', expre'fs 2 10 

Reuben Everitt, blank book, 17 

Drury Chriftian> exprefs, 4 

John Publis, land deficiency, 15 

George Nance", making gate, &c. 30 8 

Philemon Hodges, for andirons, 2 

Blake Bryan, land deficiency, 3 15 

Jofeph T. Khod'es, falary, 100 

Rhodham Atkins, window fliuttefs, &c. 110 



4,79+ 
1 

5 

3 

18 

/, 

1 

2 
IOO 
IOO 
IOO 
IOO 
ICO 

40 
40 
40 

40 
40 

40 

40 

2 
2 

2 

2 
2 
2 

2 

32 

20 
2 



IO 

7 
12 

18 



Amount carried forward, £.24,794 4 
N O R T H-C A R O L I N A. 



Treafurcr's falary, lor 1797, 
Hardy Hatley, laud deficiency 1 , 
James Hughy, per refolve, 251 

William J. Watfon^ land deficiency, 13 

Daniel Melvin, do; 3 

Daniel Melville, do. 6 

Samuel Button, guard, . 3 

Stokes & Taylor, land deficiency, 2 

Elifha Morfe, cpmpaiing poll, 5 

Daniel Glitfon, Brigade-lnfpettor, 39 
Edmund Branch, land deficiency, 
Win. 'Shepperd, "Collector, coinmiffions, 7 

James Porter, Bri.gade-Infpei5.or, 3^ 

John Mafh, land deficiency',. 2 

L. Beard, Collector, commiflions, 6 

Ifaac Jones & others, per refolve, 19 

William Young, comparing the poll, 3 

Edward Jones, Solicitor, 40 

Ditto, do. 40 

■Jeffe Buckner, deficiency of land, 1 



14 

19 
10 

1.5 
I 



A 

8 

3 
10 

'9 

10 

6 

t^ 

15 



14 



€' 27,145 13 



Comftroller's-Office, December 22, 1798. 
I CERTIFY that the foregoing lift contains the cafti vouchers paid into this o:fice by the Public 
Treafurer, in difcharge of his account up to the iftday of November laft, viz. from the 1 ft of Novem- 
ber, 1797, to November, 1798. J. CRAVEN, Comptroller. 



CONTENTS. 



Page 

An ait to raife a revenue for the payment of 
the civil lilt aiul contingent charges of govern- 
ment, for the year 1799, I 

To amend the revenue laws as refpcits the 
la:u! tax, ib. 

I'o amend an ail entiiled " An act to amend 
the r.-vtnue laws of this itate, and to direct the 
mod-' in which thole who hereafter fhaU'com- 
plain of its judgments may obtain redrefs," 
palled in the year 1792, ( 2 

To amend the feveral aits of Affembly now 
in force- its this Itate, which refpeit the enter- 
ing and obtaining titles for lunils, ib. 

To amend an ait palTed in the year 1794, 
entitled- "An ait to amend an act palled at 
Fayetteville in the year 1793, entitled An ait 
to carry- into effect an ait of Congrefs, entitled 
An act more effectually to provide tor the na- 
tional defence by elhiblilhing an uniform Mi- 
litia throughout the United States, and to re- 
peal an act paired at Fayetteville in the year 
1796, kntitlcd An ad eltablilhing a Militia in 
this ftate," ; 3 

To amend the fifth feiticin of an act, chap. 
1 6th > palled at Raleigh, on the 2d of Novem- 
ber, 1795, providing among other things tor 
the fuppreffion of infur'rectiohs, 4 

Toeltablifh a Court with jurifd'nftion com- 
petent to examine the validity of patents in 
certain cafes, and giving jurifdiilion to tha 
Superior Courts of Law and Equity in other 
or like cafes, 5 

To repeal the 21II and 22d feitions of an aft 
entitled " An act for railing a public revenue 
for the fopport of government and to repeal :an 
act en tit led An a'ct to fupprefs exceilive gaming," 6 

Directing the fale of the Tower-Hill lands, 
lying within the county of Lenoir, ib. 

To regulate the practice of Attornies in the 
feveral Courts of Law and Equity within this 
ftate, and to prevent abufe's in the fame, ib. 

To amend an ait entitled " An act to prevent 
abufes in taking up (tray horfes, cattle, hogs and 
fheep, and other things, "palled intheyear 1777 » 
:ind to amend another ait entitled " An act tor 
making provifton for the poor, and other pur- 
pofes," palled at Newbcrn, in 1777. 7 

To repeal part or the nth fectiou of an ait of 
the General Ailembly, pallid at Newbern, in 
November, in the y'ear 1777, entitled '' An ail 
to amend the ftaple of tobacco, and prevent 
frauds," ib. 

To compel the owners of flavcS to provide 
proper maintenance for Inch of their flaves as 
may be rendered incapable of fervice by reafon 
of advancement, in years or otherwife, 8 

To fufpend certain parts of the aits of the 
Genera! Ailembly, palled in the years 17S3 and 
1784, relative tothe office of Martin Armltrong, 
kept in Nalhville, and to direct and limit the 
manner of ill'uiug warrants, and warrants iffued 
from the late office of John Armftrong; and 
to appoint a Board oi Commillioners for the 
further examination of frauds committed in 
the Secretary's-office, ib. 



Page 

To repeal an ail entitled " An act for clafhng 
of the Juflices, for the purpol'e of holding the 
Countv Court of Plea's and Quarter-Seffions, 
in this'ltate, § 

To at] thorite the furrender of certain lands 
in the county of Wilk>, and other purpofes 
therein mentioned, //■. 

Granting the TttTcarora nation c'f Indians 
two other commiffioners in addition to thole 
now ailing for them, 10 

For regulating ordinaries', houfes of cn'tcr- 
Tainment, ami retailers ot tpirituous liquors by 
the fmall meafure, //>. 

For the prevention of vice and immorality, 
by fuppreffing excellive gaming, u 

To authorile and'clireit the CorrimifTioner of 
Arrears to Cell the lot No. '82, in the town of 
HiUlborougli, 12 

Requiring the Secretary of State to enter in- 
to bond for the faithful performance of his duty, ib. 

To a'men'd an ait palled in the year 1790, 
entitled " An act empowering the county Court 
ot Pleas and Quarter-Seffions to direct the Se- 
cretary of State to correct certain patents or 
grants therein defcribed, when there (hall have 
been error in the Surveyor in making returns, 
or in the Secretary in Bluing the fame, 13 

To prevent Stirs from abating by the marri- 
age of feme folc plaintiffs, ib. 

To amend the fecond lection of an ait palled 
at Fayetteville, in the year 1786, entitled "An 
ail to compel certain officers therein mention- 
ed to publilh the application ot public monies 
and allowances for infolvents," 14 

Giving further'time for the regi fieri ng grants, 
proving deeds and mefn'e conveyances which 
have not been proved and rcgiltered within the 
time heretofore appointed by law, ib. 

To amend an ait entitled " An act to em- 
power the feveral county Courts of Pleas and 
Quarter- feffions of the feveral counties in this 
ftate, to order the laying out public roads, and 
to eftablilh and fettle terries, and to appoint 
where bridges fhall be buiit, and to clear in- 
land rivers and creeks," ib. 

To prefcribe the refide'nee of the Governor 
of this ftate, 15 

To explain and correct an ait entitled " An 
ait to appoint Commiffioners to adv'ertifc for 
(ale the Palace and other buildings thereunto 
belonging, in the town of Newberh, for the 
ufe of the ftate," ib. 

To appoint Commiffioners to fell the Palace 
lots in the town of Newbern, tor the ufe of 
the ftate', ib. 

Directing the duly of Sheriffs in certain 
cafes, as far as refpeils the collection of the 
county and poor tax, 16 

To amend an ail entitled " Feme coverts, 
how to pafs lands," ib. 

More fully to afcertain the duties of the Pub- 
lic Printer, ib. 

To advance the adminiflration of juftice in 
the Superior Courts, 17 

To revive and continue in force an act of the 



CONTENTS. 



57 



Page 
General AlTembly, paffed at Newbern, in the 
year 1794, entitled " An ad to cede to the li- 
nked States of America, certain lands upon 
the conditions therein mentioned, 17 

To amend the ad eftablifhing an Univerfity 
in this date, _ »». 

Te empower the county Courts to appoint 
Sheriffs in certain cafes, ib. 

Authoriling ihe regiliration of powers of 
attorney, and directing the mode in which cor- 
porations may hereafter convey lands, _ ib. 

To afecrtain the pilotage over Old-Topfail 
Inlet, and to amend an ad entitled " An ad 
to afcenain the pilotage which (hall be allowed 
the pilots at Occacock Inlet, and the feveral 
founds and inlets to which yellels go, which 
come in over fail inlet," 18 

To prevent the obftru&ion of the navigation 
of Currituck Inlet, '9 

To encourage the cutting a navigable canal 
from Roanoak river or the waters thereof neaT 
Hogftowrr, to the waters Qr Pamtico river, 21 

To empower the county Court ot Currituck 
toappoint perfons to copy the books in the rve- 
.gifter's-ofhee, in faid county, 23 

To amend an ad entitled ." An ad to in- 
creafe the pay of the Jurors to the Superior 
Cdurts of the dill rids ot Newbern, Wilming- 
tdn and Halifax, an*! alfo the diftriAs of Fay - 
etteville, Hillfborough and Edenton, except 
the Jurors from the counties of Chowan, Per- 
fon and Robefon," j ( ^4 

To repeal an ad'entitled '" An aft for clear- 
ing out the'Great Swamp in Robefon couaty, 
paffed at Raleigh, in the year 1796, tb. 

To authoriie William Porter to raife one 
thoufand dollars by way of lottery, , ib. 

To confirm the proceedings of the county 
Court of Moore, relative to the tranfeription 
of a part of the Entry-taker's books ot faid 
county, -5 

To empower the county Court of Moore to ■ 
lay a tax for the year 1798, to defray theexpence 
of tranferibing' the Uegifter's books ot laid 
county, 'b- 

To tranferibe certain entries in Cumber- - ;j 
land county, »*• 

To authorife the county Court "of Cumber- 
land to tranferibe certain records in the Regi- 
fter's-office, 26 

To alter the time of holding the county 
Court of Bladen, ib. 

To fubftanriate Certain proceedings in the 
county Court of Cumberland, ib. 

To authorife fuch of the county Courts in 
this ftate to eled Treafurers of public build- 
ings, as have not appointed the faid officer at 
the term pointed Out by law, ib. 

To empower the county Courts therein men- 
tioned to lay a tax annually for the payment 



of their jurors, ib. 

To authorife the Chairman of the Court of 
Pleas and Quarter-Seffions of Gates county, to 
convey a certain piece of land herein defcribed, 
to the heirs of James Garrett, deceafed, 27 

To efiablifh a feminary of learning in the 4, 
town of Salifburyj ib. 



Page 

To eftablifh an academy at Smithville, in the 
county of Brunfwick, 27 

To authorife the Truftees of Smithville aca- 
demy, to raife the fum of 7000 dollars by lotte- 
ry or lotteries-, 28 

To efiablifh an academy at Unity meeting- 
houfc, in Randolph county, 29 

To eftablifh a feminary of learning 'on A- 
dam's-creek-, in Craven county, ib. 

More efFcdually to compel the attendance of 
Jurors tor the Superior Court of the diftrid of 
Wilmington-, and to increafe the number there- 
of ; alfo to appoint Commiilioners for the pur- 
pofe of calling to account thofe perfons who 
have heretofore received the taxes paid tor buil- 
ding a gaol and court-houfe in faid di(t'rid, ib. 

To Tepeal an a£l entitled " An ad making 
compenlation to the county Court Jurors for the 
counties of New-Hanover, Surry, Stokes, Ran- 
dolph, Chatham and Buncombe," fo 'far as re- 
lates to the county of Buncombe, 30 

Allowing compenlation to the jurors of Ru- 
therford county Court, and authoriiing faid 
court To" levy a tax to difcharge the fame, ib. 

To amend an ad entitled " An ad to amend 
an aft to regulate and fix the price for infped- 
ing and coopering tobacco at Fayetteville," paf- 
fdl in the ytrar I791, . ib. 

Toellablifh an uniform time of receiving 
lills of taxable property in the county of New- 
Hanover, 31 

To prevert the colledion of taxes for the 
year 1798, on the buildings which were in the 
town ot Wilmington on the firfl day of April 
laft, and have fince'been Confumedby fire, and 
on the lots whereon the faid buildings were fi- 
tuated, ib: 

For the puTpofes therein mentioned, relative 
to tire town of Wilmington, ib. 

For the further regulation of the town of 
I New bern, .33 

For the better regul ation of the town of E- 
denton, 34. 

For the better regulation of the town of Pittf- 
borough, in Chatham county, 36 

To regulate the toVvn ot Concord) in the 
county of Cabarrus, 37 

To amend an ad entitled " An ad for the 
better regulation of the town of Gennanton, in 
the county of Stokes," paffed in the year 17Q4, ib. 

To amend an act entitled " An ad to efta- 
blifh a town laid off at Guilford court-houfe, 
by the name of Martiriville," ib. 

To eftablilh a town on Hardv Parker's land 
on Black 'river, in the county of New- Hanover, ib. 
To enlarge the town of Murfreefborough, 38 
To repeal an ad paffed in the year 1797, en- 
titled " An ad to Continue in force an act en- 
titled An a£t for the regulation of the city of 
Raleigh, palfed in the year 1794," and to alter 
and amend the lad mentioned act, ib. 

To empower the Commiflioners of the city 
of Raleigh to lay off and appropriate part of the 
public land adjoining the faid city, for a bury- 
ing ground, ib. 

To repea'lan ad- entitled " An ad to appoint 
Commiflioners to purchafc land for a town and 



V- 



t 6 ft t I N T S. 



Page 



town common, in the county of Rockingham, 
by the name of Wentwortli, and for ertablifb.-, 
ing the court-houfe in laid town," 

To eltiibliih two other leparate elections in 
the county or' Wilkes, 

To rtpealan act palTed in the'year 1796, en- 
titled " An act to repeal part ot an act palled in 
thu yterr 1792, entitled Ana£t to grant two fc- 
pirate elections and general mutters in -Curri- 
tuck county," 

For granting the inhabitants of Bladen coun- 
ty a feparate general mutter and election, 

To alter the tint/ of holding'the feparate e- 
lcc'tions in?nhe£'ou(iry ot Craven, 

Eltablifhing a fe"parate election on the fouth 
fideof the Yadkin river, in the county of Surry, 

To tftablifh a feparate election on the north 
fide of Dan river, in the county of Stokes, 

To al'er the place of holdingthe lower elec- 
tion in Northampton county, 

To amend an ait entitled" An act to eftablifh 
a feparate election and general mutter in the 
county of Carteret," palfed at Fayetteville, in 
the year of our Lord 1793, 

To alter the places ot holding; elections in the 
county of Tyrrel, 

To amend an act pa (Ted at Raleigh, in the 
year 1795. granting feparate elections to the 
county ot Burke, 

To eltablilh a feparate election in the coun- 
ty of Mecklenburg, 

Dividing the firlt regiment of militia in the 
county of Lincoln, into two battalions, 

To add part of the county of Craven to Le- 
noir, 

To amehd an act to carry into effect an act 
for erecting part of the counties of Halifax and 
Tyrrel ibto one diftinct county and parifh, 
palfed in the year 1774, 

To eftablifh a boundary line between Mont- 
gomery and Moore counties, 

To authorife the Wardens of the Poor for 
the counties of Samp fern and Perquimons, to 
lay a further tax, 

To amend an act authorifing the Truftees of 
the Lumberton Academy, to lay off and fell 
part of faid town commons, to raife a fund for 
the purpofe of building faid Academy, palled 
in the year 1796, 

For building a prifon or goal in the town of 
Hillfborough, for the diitrict of Hillfbarough 
and county of Orajige, 

Granting certain privileges to the feminary 
of learning in the county ot Guilford, 



38 
39 

ib. 
ib. 
•40 
ib. 
ib. 
41 

ib. 
ib. 

42 

a. 
43 

lb: 

ib. 
ib. 

44 

ib. 

ib. 
45 



_.'\, " Page 

GranMng'certain privileges to the volunteer 
companies of infantry in Currituck county 

To prevent in future the improper conduct 
If fawners ot feinsfrom obitruCiing the pallaue 
of iiih up Cape-Fear,' Deep and Haw rivers 

To authoriTethe adminiltratoror adminilfra- 
tors of Thomas Wright, late sheriff of New- 
Hanover county, to collect the arrears of taxes 
due to- faid Thomas Wright, 

To empower John Sper.ce Weft,- Sheriff of 
Craven county, to collect the arrears of taxes 
clue in laid county, for the year 1707, 

To incorporate King Solomon VLodge, No. 
l8, in Jones county, in this ftate, 

To incorporate Johnfton Cafwell'Lodee No. 
10, of the tcrwn of YVarrenton, in this ftaie, 

To incorporate the Phccnix Lodge No. '3, 
of the rown of Fayettcville, in this ftate, 

To fecure to Elinor Perry, wrfe of Jchh Per- 
ry, fuch eftate as lhe may hereafter acquire, 

To fecure to Elizabeth-Carter, wife of Ben- 
jamin Carter, fetch eitate as the may hereafter 
acqirire, 

To fecure to Ruth Bel], wife of William 
Bell ot the county of Currituck, fuch eitate as 
the may hereafter acquire, 

To carry into etfedt a petition of Robin 
Brafwell of Nalh county, by granting 'him a 
divorce from his wife Calley, 

Authorifing Mifhack Stallings tc e reft a grift 

millonRockhfh creek, in the county of Duiin, 

J Empowering Duncan M'Farland to eftab'- 

lifh a turnpike at his bridge on the new road 

from Fayettcville to Cambden, 

To confirm the name of Abraham Hogans, 
of the county d"f Wake, 

To confirm the names of ihe natural born 
children of John Allton, of the county ofWake, 

Tt> alter and confirm the names of, and legi- 
timate certain perfons therein mentioned, 

To emancipate certain perfons therein named, ib. 

Tocmancipatecertain perfons therein named, ib. 

To pardon and reftore to credit a certain 
William Ambrofe, of Wake county, ro 

To reftore to credit Benjamin Bryant of the 
county of Buncombe, Mofes White of the 
county of Anfon, and Samuel Fields of the 
county of Randolph-, /£_ 

ro rein ftate James Pcw.ell in the rights and 
privileges of a citizen, #. 



45 
■ib. 

a. 

46 
ib. 
ib. 
a. 
a. 

47 
ib. 

a. 
a. 

48 

n. 

.- 

ib.. 
49 



APPENDIX. 

Comptroller's accounts^ 



51 



WILMINGTON, (N. C.J Printed by A. HALL, Printer to the Stati